HomeMy Public PortalAboutORD-CC-2000-02ORDINANCE 2000-02
AN ORDINANCE AMENDING CHAPTER 17.70 OF THE MOAB MUNICIPAL CODE
REGARDING BED AND BREAKFAST FACILITIES
WHEREAS, the City Council, on advice of the Moab City Planning Commission deems
it necessary to amend Chapter 17.70 of the Moab Municipal Code Regarding Bed and Breakfast
Facilities;
NOW, THEREFORE, IT IS HEREBY ORDAINED THAT CHAPTER 17.70 OF THE
MOAB MUNICIPAL CODE SHALL BE AMENDED TO READ AS FOLLOWS:
Chapter 17.70 BED AND BREAKFAST FACILITIES4
17.70.010 Bed and breakfast defined.
17.70.020 Rooming house or boarding house defined.
17.70.030 Primary residence defined.
17.70.040 Occupation defined.
17.70.050 Owner defined.
17.70.060 Owner Occupied defined.
17.70.070 Preconditions for conditional use permit.
17.70.080 Requirements for conditional use permit.
17.70.090 Enforcement.
17.70.010 Bed and breakfast defined.
"Bed and breakfast" means a residence containing not more than two kitchens where, for
compensation, overnight accommodations and meals are provided, and where retail sales to bed
and breakfast patrons are made. (Ord. 95-1 (part), 1995)
17.70.020 Rooming house or boarding house defined.
"Rooming house" or "boarding house" means a residence with not more than one
kitchen, where for compensation room and/or board may be provided on a daily, weekly or
monthly basis. (Ord. 95-1 (part), 1995)
17.70.030 Primary residence defined.
"Primary residence" means a home, abode or place where an individual is actually living
at any given point in time. (Ord. 95-1 (part), 1995)
17.70.040 Occupation defined.
"Occupation" or "occupy" means to take possession and control of a residence; to make
one's home, abode or dwelling. (Ord. 95-1 (part), 1995)
17.70.050 Owner defined.
"Owner" shall mean a natural person who holds title to the licensed premises, either
directly as in the form of a deed of record to the premises, or indirectly through an equity interest
in a lawful entity holding title to the premises, e.g., corporate shareholder, limited liability
company member or the like. To qualify as an owner, the person must hold title, either directly
or indirectly, to an equity interest of not less than fifteen percent (15%) of the total equity interest
4 Prior history: Ord. 90-06.
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in the licensed premises. Where two or more persons occupy the licensed premises, as defined in
this chapter, they may combine their individual percentages of ownership to qualify as "owners".
17.70.060 Owner Occupied defined.
"Owner Occupied" when referenced in this chapter means that the legal home and
primary residence of an owner, as defined herein, is resided in by at least one owner on a
continuous basis for not less than nine months in any calendar year and whenever being operated
as a bed and breakfast.
17.70.070 Preconditions for conditional use permit.
A. Bed and breakfast facilities, rooming and/or boarding houses may be allowed by
conditional use permits where applicant can show evidence of compliance with outlined standards
and procedures and where there is clearly minimal negative impact on adjacent residential
properties and neighborhoods. An inspection by the building inspector, fire chief and health
department shall be required prior to the issuance of a permit and as often as necessary for
enforcement of this chapter. No person shall operate a bed and breakfast unless they hold a valid
permit and business license. For purposes of obtaining a conditional use permit, rooming and/or
boarding houses shall abide by the same regulations as a bed and breakfast facility.
B. A letter of application sworn before a notary public shall be provided by the owner(s)
stating that such owner will occupy the facility, as provided for herein. The letter shall be
recorded by the City Recorder with a certified copy to accompany the application. The letter
shall also be submitted to the Planning Commission for its recommendation.
C. The conditional use permit for a bed and breakfast facility shall be granted annually
from the date of the original permit. At the end of the one-year period, renewal shall be granted
by the City Council if all other conditions required at the time of approval remain unchanged.
D. A change in ownership as defined herein will require a new conditional use permit.
E. Applicant must provide plot plans and building or floor plans one -quarter inch to the
foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that
the facility meets minimum performance standards for off-street parking and landscaping as
specified in Section 17.70.080 B. Plans shall be approved by the building inspector, zoning
administrator, fire chief and health department.
F. Applicant must complete the bed and breakfast home occupation form in order to
complete the conditional use permit application process. The home occupation form must contain
specific information from eight adjacent property owners in regard to the proposed bed and
breakfast and whether those eight property owners agree or disagree with the proposed bed and
breakfast home occupancy use. (Ord. 95-1 (part), 1995)
17.70.080 Requirements for conditional use permit.
A. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. Road design and access shall be considered in the planning commission's
recommendation. Construction and alterations of bed and breakfast facilities shall not alter the
residential character of residential zones and of the dwelling.
B. The parcel shall also be of sufficient size to be in scale with the number of people
using the facility. A11 bed and breakfast rentals must provide adequate parking (required one
off-street parking space per rental bedroom) in addition to needed parking for owners of the
facility, have a maximum thirty -day stay, and meals shall be served to guests only. (Bed and
breakfast: zoning R2, R3, R4.)
C. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or
no dwelling unit in excess of twenty percent of the total parcel size area).
D. No bed and breakfast facility shall rent for compensation more than seven rooms,
except that suites that do not use a public corridor or passageway between suite bedroom areas
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shall be counted as one room.
E. No bed and breakfast facility shall allow more than two adults in any rental room
unless the bedroom square footage is larger than three hundred square feet and does not use a
public corridor or passageway between suite bedroom areas.
F. Signs are limited to one non -flashing sign not larger in area then two hundred
twenty-six square inches. If lighted, the light shall be defused or shielded.
G. All bed and breakfast facilities shall pay water and sewer rates according to the rate
formulas contained in Sections 13.24.010 and 13.24.020.
H. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax
and city gross business license fee.
I. The bed and breakfast facility shall conform to fire, building and health codes and be
licensed in conformance with all city ordinances. Any other appropriate or more stringent
conditions deemed necessary for bed and breakfast facilities protecting public health, safety,
welfare and the residential character of residential zones may be required by the planning
commission. (Ord. 95-1 (part), 1995)
17.70.090 Enforcement.
All violations of this chapter are classified as Class B misdemeanors, punishable by a fine
not to exceed one thousand dollars or by imprisonment in the county jail for a period not to
exceed six months, or by both such fine and imprisonment. Each day of violation or
noncompliance shall constitute a separate offense and may be prosecuted accordingly. The City
Council may also revoke or suspend violator's license(s) for noncompliance of conditional use.
(Ord. 95-1 (part), 1995)
This Ordinance shall be applied prospectively to new Bed and Breakfast applicants and
licensees after the affective date.
Approved and adopted by action of the Governing body of the City of Moab in open
session this 28th day of March, 2000.
CITY OF MOAB
BY:
Mayor Karla R. Hancock
Attest:
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Rachel Ellison
City Recorder
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