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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