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HomeMy Public PortalAboutORD-CC-1996-07ORDINANCE #96-07 AN ORDINANCE AMENDING SECTION 17.09.230 (B) OF CHAPTER 17.09, TITLE 17, OF THE MOAB MUNICIPAL ORDINANCES REGARDING SUPPLEMENTARY REQUIREMENTS AND PROCEDURES APPLICABLE WITHIN ZONES. WHEREAS, the City Council, on the recommendation of the Moab City Planning Commission deems that it is necessary to amend the Moab Municipal Code with respect to Supplementary Requirements and Procedures Applicable within Zones -Pay -In -Lieu of Parking. BE IT ORDAINED BY THE MOAB CITY COUNCIL AS FOLLOWS: That Section 17.09.230 (B) of Chapter 17.09, Title 17, of the Moab Municipal Ordinances be and the same are hereby amended and shall read as follows: 17.09.230 Off-street parking and loading --Location and control of facilities (B). B. In the event that the Zoning Administrator determines that off-street parking cannot be reasonably provided in accordance with the provisions of this title, a commercial property owner may be allowed to make a payment -in -lieu of providing parking spaces, according to the following conditions: 1. A commercial property owner must fill out a payment -in -lieu of parking application and pay a review fee as established by resolution. 2. The Moab Planning Commission must review any payment -in -lieu of parking requests and after holding a public hearing, may approve or disapprove such requests. 3. The established payment -in -lieu rate shall be established by resolution and an annual maintenance fee shall also be established by resolution. Such fees shall be deposited into a parking facilities development fund and all expenditures from this fund shall be directly spent or encumbered only for the purpose of operation, maintenance and administration of parking or transit facilities. The fee shall be paid to the City of Moab according to the following schedule: 50% of the fee shall be paid prior to an issuance of a building permit and the remaining 50% shall be paid prior to the issuance of a certificate of occupancy permit. The City shall annually assess the property to cover the necessary maintenance costs. 4. To encourage higher building density in the downtown businesses district, owners of land or businesses in the C-3 Central Commercial Zone have the option to use payment -in -lieu of parking rather than to provide parking spaces at the time of erection of any main building or at the time such buildings are structurally enlarged or converted to increase the use or capacity of the buildings. -1- 5. To encourage more harmonious development patterns in the general commercial district, owners of existing businesses in the C-4 General Commercial Zone located between Mill Creek and Pack Creek as designated on the official, in -effect, Moab City Zoning Map have the option to use payment -in -lieu of parking rather than to provide additional on -site parking spaces at the time buildings on the parcel are structurally enlarged or converted to increase the use or capacity of the buildings. 6. In order to be eligible for pay -in -lieu of parking the number of parking spaces required must be less than five. PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this Niiday of jYl o- y , 1996, This Ordinance shall take effect immediately upon passage. DONE IN OPEN COUNCIL this ty-1-1 day of Piij, / A.D. ATTEST: 14A- andra E. Beauregard Acting Recorder of Moab City Thomas A Stocks, Mayor of Moab City -2-