HomeMy Public PortalAboutORD-CC-2008-07ORDINANCE #2008-07
AN ORDINANCE AMENDING TITLE 17.00, ZONING, TO REMOVE THE BUSINESS
LICENSE REFERENCES FOR HOME OCCUPATIONS FROM THE LAND USE
REQUIREMENTS AND AMENDING TITLE 5.00 BUSINESS LICENSES REGULATIONS, BY
THE ADDITION OF A NEW SECTION 5.80, REFERENCING THE REQUIREMENTS FOR
HOME OCCUPATIONS
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 and required that each holder of a home
occupation apply for and receive a business license from the City of Moab; and,
WHEREAS, Council also adopted Title 5.00, Business Licenses and Regulations in order to
provide for orderly establishment of businesses within the City limits and develop and promote
a more attractive and wholesome economic environment; and,
WHEREAS, the City reviewed the existing home occupation application process and has
determined that clarification of the current business licensing procedure 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
amendments; 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 Title 17.00 and Title 5.00 of the Moab Municipal Code; and,
WHEREAS, Council reviewed Ordinance 2008-07 in a regularly scheduled meeting held on
March 11, 2008, to hear and decide the merits of the proposed changes to Title 17.00 and
Title 5.00; and,
WHEREAS, Council found that the Code amendments are appropriate to the objectives and
character of the General Plan and that these changes are in the best interests of the City and
will promote the health, safety, morals, convenience, order, prosperity, and general welfare of
the present and future inhabitants of Moab residents.
NOW, THEREFORE, the Moab City Council hereby amends Title 17, Zoning, Chapter
17.09.540 with the removal of the references to business licensing and amends Title 5.00 with
a new section 5.80 specifically referencing the business license requirements for home
occupations 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:
THIS SECTION WILL BE REMOVED FROM CHAPTER 17 AND RELOCATED WITH A
SEPARATE CHAPTER INTO TITLE 5, UNDER BUSINESS LICENSES
Ordinance #2008-07 Page 1 of 3
Chapter 5.80, Home Occupation Permits:
A. Business License Required. Each home occupation permit holder shall apply for and
maintain for the duration of the use a business license, as specified in Chapter 5.04. Upon the
expiration or revocation of a business license pursuant to the procedures in Chapter 5.04, the
home occupation permit shall automatically expire.
1. Except as otherwise provided in this section, home occupation licenses may continue for
the life of the use. The home occupation license is not transferable to future property owners,
or from one location to another.
2. Any substantial change in the nature of the business use shall require the existing licensee
to apply for and obtain a new home occupation license specific to the new business use.
3. Abandonment of the home occupations 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 business license.
B. Appeals. Decisions by City Staff may be appealed to the board of adjustments.
1. Appeals must be submitted to the board of adjustments within thirty days of written notice.
C. Enforcement.
1. The Zoning Administrator shall be authorized to enter and periodically inspect all licensed
premises for compliance with this section, applicable license terms, and applicable building,
fire and health codes.
2. Prior to instituting any enforcement action for violations of the license or this code, the
zoning official 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 by the planning commission upon a showing of good cause.
3. Any violation not corrected within the abatement period may be subject to, at the option of
the city, administrative, civil, and criminal enforcement. The city may commence a civil action
to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be
entitled to obtain injunctive relief upon a showing of violation(s) of this section or the
applicable home occupation license. The court may also assess civil penalties of a sum not to
exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable
attorney fees and court costs in any action in which a violation of this section is established.
4. Alternatively, violations of this section are punishable as a Class B misdemeanor, as
defined by Utah statute.
5. In addition to all other remedies, any licensee that refuses or fails to abate any violation of
the license or this section may be subject to a business license revocation, as provided by
Chapter 5.04 of the city code.
6. Persons operating a business subject to this section without the required home occupation
license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in
this section.
7. Any license or approval granted, in whole or in part, as a result of false, inaccurate or
misleading information supplied by the applicant or its agent shall confer no vested right upon
the applicant, and may be subject to revocation following delivery of written notice to the
applicant explaining the basis for the action. Any aggrieved party may appeal such revocation
to the Board of Adjustments by delivering notice of appeal within ten days of the notice of
revocation.
Ordinance #2008-07 Page 2 of 3
PASSED AND APPROVED in open Council by a majority vote of the Governing
Body of Moab City Council on March 11, 2008.
David L. Saknson, Mayor
4
achel Eiiison, Recorder
Ordinance #2008-07 Page 3 of 3
`l l ,L
CITY OP' MGAB
PLANNING
COMMISSION
PUBLIC HEARING
PROPOSED
ORDINANDE 2008-07,
The City of Moab
Planning Commission
will hold a Public Hear-
ing on Thursday, Feb-
ruary 14, 2008 at ap-
proximately 6:00 p.m.
in the Council Cham-
bers of the Moab .City
Offices at 217 East
Center Street, Moab,
Utah.
r The purpose
of this Public Hear
mg is to solicit public
input on proposed
Ordinance 2008-07
amending Title 17.00,
Zoning, of the Moab
City Code to remove
the business license
references for home
occupations from
the land use require-
ments and amending
Title 5.00, Business Li-
cense Regulations, by
the addition of a new
section 5.80, referenc-
ing the requirements
for home occupations.
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.
moabcityorg.
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 (3) work-
ing days prior to the
meeting.
/s/ Sommar 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,
S5.
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 2008-07
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.
ublisher
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
ORDINANCES
420.0&06
AND #2008-07
AN ORDINANCE
AMENDING TITLE
17.00:ZONING, TO
REMOVE HOME
OCCUPAtiTIONS
FROM CONDITIONAL
USE STATUS AND
ALLOW FCQR 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
T E 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-
cil Meeting held on
Mareh 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
or st the City of Moab
Recorder's Office
at 217 East Center
Street. Moab, Utah
84532
/s/ Rachel Ellison,
City Recorder
POblished in The
Times -Independent,
Moab, Utah March 20,
2008.
l
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