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Home My Public Portal AboutORD-CC-2008-06ORDINANCE #2008-06 AN ORDINANCE AMENDING TITLE 17.00, ZONING, TO REMOVE HOME OCCUPATIONS FROM CONDITIONAL USE STATUS AND ALLOW FOR AN ADMINISTRATIVE REVIEW AND APPROVAL OF HOME OCCUPATIONS AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as `The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome environment; and, WHEREAS, through the adoption of Section 17.09.540, Council established Home Occupations as a conditional use in specific zones, in an effort to provide private residential property owners the opportunity to supplement incomes, serve as business incubators, and generally enhance the local economic development of the residents and community; and, WHEREAS, the City has reviewed the existing criteria and application process and has determined that clarification of the current review method is in order; and, WHEREAS, the City of Moab Planning Commission ("the Commission") held a duly advertised public hearing on February 14, 2008, to hear testimony and review the merits of the code amendment; and WHEREAS, the Commission found that the proposed changes are in the best interests of the residents and community of Moab and recommends that the Moab City Council ("Council') approve the changes to the Land Use Code; and, WHEREAS, Council reviewed Ordinance 2008-06 in a regularly scheduled meeting held on March 11, 2008, to hear and decide the merits of the proposed changes to Chapter 17.09.540, Conditional Use —Home Occupations; and, WHEREAS, Council found that the Code amendments are appropriate to the objectives and character of the General Plan and that this business use will enhance the economic development of many local residents and promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city . NOW, THEREFORE, the Moab City Council hereby amends Chapter 17, Zoning, of the Moab Municipal Code and specifically Section 17.09.540, Conditional Use —Home Occupations by repealing the existing language of Chapter 17.09.540 and adopting language that reads: 17.09.540 Home Occupation. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-2, R-3, R-4 and MH/RV-1. Prior to commencing the home occupation the applicant shall request and be approved for a home occupation permit from the City. The form of the application shall be as required by the Planning Department but at a minimum shall contain the following information: name of applicant, address of home occupation, proposed activity, and a statement of assurance that the applicant shall comply with the requirements of this section. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a notarized letter signed by the owner agreeing to Ordinance #2008-06 Page 1 of 4 the proposed home occupation is required. The fee for such application shall be established and modified from time to time by resolution of the City Council. Home occupations shall not be permitted for businesses engaged in the retail sale of products to the public. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or internet through a home office) must apply for a home occupation permit as established in this section. Businesses that engage in some form of manufacturing or production shall be reviewed on a case -by -case basis for compatibility with adjacent properties and the neighborhood. Home occupation permits may continue for the life of the use on a specific property. If the holder of the license relocates to another site, a new home occupation permit is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new permit is required. Also, any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation permit specific to the new business use or expansion. Abandonment of the business use, which shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days, shall result in the lapse of the home occupation A. Each home occupation shall be subject to compliance with the following conditions. 1) If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a letter from the owner, signed and notarized agreeing to the proposed home occupation is required. 2) The proprietor of the business must permanently live on the premises. 3) A home occupation shall be permitted only when it is an accessory use to a dwelling unit. The home occupation shall not be contrary in physical appearance, traffic, use, and incidental activities to the objectives and character of the zone in which it is located. 4) The home occupation shall not physically change the dwelling or accessory structure or attached or detached garage or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, accessory structure, attached or detached garage, yard, or neighborhood. 5) A home occupation shall utilize no more than twenty five percent (25%) of the total ground floor area of the dwelling unit. Where an accessory building or a screened rear yard is used, no more than twenty five (25) percent or six hundred (600) square feet in area, whichever is less, shall be devoted to the home occupation. 6) A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 7) A person who engages in a home occupation shall not use an advertisement, sign, or display on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 8) A home occupation shall not operate during hours other than 6:00 a.m. to 8:00 p.m. Ordinance #2008-06 Page 2 of 4 9) A home occupation shall not generate more traffic than the typical or average dwelling unit and it shall not involve or result in the presence of more than two (2) patrons on the premises at one time. 10) A home occupation shall not generate loud and raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or operate in any way that substantially and unreasonably interferes with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. 11) A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 12) Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specification in Section 17.09.220, Off-street parking and loading, of this code. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity of not to exceed one ton. The licensee shall provide developed off- street parking for all commercial vehicles used in the business and all employee vehicles. 13) At the discretion of staff and based upon site -specific considerations, home occupations may be permitted up to two (2) employees who are not residents of the primary dwelling. 14) The home occupation shall not occupy any area required to satisfy off-street parking requirements. 15) A home occupation shall not include the following: kennel, mortuary, restaurant, dance studio, nursing home, taxi service, health or medical clinic, veterinary clinic or similar activities. B. Review Process. 1) The premises shall be inspected for compliance with the above standards and a report and recommendation submitted by the Planning Department to the City Manager for review and approval or denial. 2) Terms of the home occupation permit shall be specified in a written permit issued by the City following approval. A written notice of decision shall also be issued following denial of any application. 3) Decisions by Staff may be appealed to the Board of Adjustments and appeals must be submitted to the Planning Department within thirty days of written notice of denial. C. Revocation. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to denial or revocation following delivery of written notice to the owner, as specified in subsection D of this section. D. Enforcement. 1. Any person aggrieved by a violation or apparent violation of the provisions of this chapter may file a written complaint with the Zoning Administrator, who shall investigate such Ordinance #2008-06 Page 3 of 4 complaint and take the appropriate action to have the violation penalized or removed, if such violation is found to exist. 2. The Zoning Administrator shall be authorized to enter and periodically inspect permitted premises for compliance with this section and applicable permit terms. Prior to instituting any enforcement action for violations of the license or this code, the Zoning Administrator shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended at the discretion of the City Manager upon a showing of good cause by the applicant. 3. Any violation not corrected within the abatement period may be subject to, at the option of the City, administrative, civil, and criminal enforcement. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the business license or this section may be subject to a business license revocation, as provided by Chapter 5.04 of the City Code. 5. Persons operating a business subject to this section without a home occupation permit, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this Code. 6. Any permit or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or representing agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the permit holder explaining the basis for the action. Revocations may be appealed to the Board of Adjustment by delivering notice of appeal to the City within ten days of the notice of revocation. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of �llioab City Council on March 11, 2008. SIGH EE: David L. Sakrison, Mayor Rachel Ellison, Recorder Ordinance #2008-06 Page 4 of 4 f CITY OF MOAB ORDINANCES #2008-06 . AND #2008-07 AN ORDINANCE AMENDING TITLE 17.00:ZONING, TO REMOVE HOME OCCUPATIONS FROM CONDITIONAL USE STATUS AND ALLOW FQR AN ADMINISTRATIVE REVIEW AND AP- PROVAL OF HOME OCCUPATIONS AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS -AND- AN ORDINANCE AMENDING TITLE 17.00, ZONING, TO REMOVE THE BUSINESS LICENSE REFERENCES FOR HOME OC- CUPATIONS FROM THE LAND USE REQUIREMENTS AND AMENDING TITLE 5.00 BUSI- NESS LICENSES REGULATIONS, BY THE ADDITION OF A NEW SECTION 5.80, REFERENCING THE REQUIREMENTS FOR HOME OCCU- PATIONS Ordinances #2008-06 and #2008- 07 were adopted at a Regular City Coun- ciI Meeting held on March 11, 2008 at the Moab City Council Chambers, 217 East Center Street, Moab, Utah 84532. Complete copies of Ordinances #2008-06 and #2008- 07 are available online at: www.moabcity.org Drat the City of Moab Recorder's Office at-217 East Center Street. Moab, Utah 84532 Is/ Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah March 20, 2008. t Proof of Publication STATE OF UTAH, SS. County of Grand, Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance 2008-06 & 2008-07 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made March 20, 2008 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the newspa- per proper and not in a supplement thereof. Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SADIE WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18. 2009 STATE OF UTAH CITY OF MOAB PLANNING ' COMMISSION PUBLIC HEARING PROPOSED ORDINANCE 2008-06 The Gity,of Moab Planning oMmieSion w171 hold a Public Hear- ing on Thursday, Peb- wary 14, 2008 at ap- proximately 6:00 p.m. in the Council Chem- " bers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this Public Hearing is tosoliEit public input on proposed Ordinance 2008-06 amending True 17.00, Zoning, of the Moab City Code to remove home occupa- tions .from conditional use status and allow for an administrative review and approval of home occupations as a permitted use in cer- tain zoning districts. The proposed or- dinance is available for public review at the Moab City , Planning Office located at 217 East Center Street and on the website at www. moabcity, org. In compliance with the Americans with Disabilities Act, individuals needing special accommoda- tions during this meet- ing should notify the Planning Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5129 at least three p workvi - ing days prior to the i1 meeting. /8/ Sommer Johnson ": Zoning Administrator Published in The Times -Independent, Moab, Utah January 31 and February 7, 2008. Proof of Publication STATE OF UTAH, ) County of Grand, SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weeldy newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance 2008-06 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 2 consecutive issues, the first publication date having been made January 31, 2008 ; and the latest on February 7, 2008 ; and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the newspa- per proper and not in a supplement thereof. ubli her Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SADIE WARNER 4481 Easy street Moab., Utah 84532 My Commission Expires November 18, 2009 STATE OF UTAH