HomeMy Public PortalAboutORD-CC-2001-05CITY OF MOAB
ORDINANCE NO.2001-05
AN ORDINANCE AMENDING SECTIONS 17.09.540; 17.09.550; 17.09.640 OF
CHAPTER 17.09, TITLE 17, OF THE MOAB MUNICIPAL CODE REGARDING
CONDITIONS FOR THE APPROVAL OF HOME OCCUPATIONS, PREMISES
OCCUPATION AND PROFESSIONAL OFFICES.
WHEREAS, the existing municipal ordinances regulating business uses in residential
areas, as Home Occupations, Premises Occupations or Professional Offices, are
confusing, contradictory and redundant; and
WHEREAS, municipal ordinance procedures and conditions should be readable and
understandable by the general public;
THEREFORE, the Moab City Council, on advice and recommendation of the Moab
City Planning Commission, hereby amends the Moab Municipal Code by repeal of
Sections 17.09.540, 17.09.550 and 17.09.640 and the reenactment of Section 17.09.540
as follows:
17.09.540 CONDITIONAL USE -HOME OCCUPATIONS. The City Council may
permit home occupations in the A-2, RA-1, R-2, R-3, R-4 and MH/RV-1 Residential
Zones as a conditional use. All such conditional uses must satisfy the requirements of
this Section.
A. Application and Requirements. 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, as defined by the Municipal Code.
1. Each applicant for a Home Occupation License shall submit a complete
application naming the applicant, identifying the property, describing the
location on the property where the use is to take place, and describing in
detail the nature of the proposed business. The City Community
Development and Planning staff may require other or additional
information from the applicant prior to review by the City Council.
2. Each applicant shall provide proof of delivery of written notice to all property
owners adjacent to the property where the business is to be located. Adjacent
properties shall be defined as all properties whose external boundaries are
located within one hundred feet of the external boundary of the lot on which
the business is to be located.
3. If the applicant is not the owner of the building or lot on which the request for
a home occupation is located, a letter signed and notarized from the owner
agreeing to the proposed home occupation, is required.
1
B. Site and Use Limitations.
1. Home occupation shall be conducted entirely within the principal dwelling
or an accessory building. No more than 25% of the total ground floor area
of the principal dwelling shall be devoted to the home occupation. Where
an accessory building is used, the total area devoted to the home
occupation shall not exceed six hundred (600) square feet.
2. In the discretion of the City Council, based upon site -specific
considerations, Home occupations may be permitted up to two (2)
employees who are not residents of the primary dwelling. The Council on
a case -by -case basis, if any, shall determine the allowable number of non-
resident employees.
3. Home occupations shall not be permitted for businesses that engage in the
retail sale of products to the public. Businesses that conduct off -site sales
(e.g. processing orders by mail, telephone, or internet) are exempt from
this restriction. 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 as a whole.
4. No outside storage of raw materials, inventory, or equipment used in the
home occupation shall be permitted.
5. Each licensee is permitted to use and park on the licensed premises one (1)
commercial vehicle that has a rated capacity of not to exceed one (1) ton.
The licensee shall provide off-street parking for all commercial vehicles
used in the business and all employee vehicles.
6. Home occupation signs shall conform to the requirements of Section
15.44.080.
7. 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 E, below.
C. Business License Required. Each Home Occupation licensee shall apply for and
maintain for the duration of the use a business license, as specified in Chapter
5.04 of the Municipal Code. Upon the expiration or revocation of a business
license pursuant to the procedures in Chapter 5.04, the Home Occupation License
shall automatically expire.
2
1. Except as otherwise provided in this Section, Home Occupation Licenses
may continue for the life of the use. The Home Occupation License is
transferable, provided that each transferee complies with all license terms
and obtains a business license within thirty (30) days of any assignment or
transfer.
2. Any substantial change in the nature of the business use shall require the
applicant or existing licensee to apply for and obtain a new Home
Occupation License specific to the new business use.
3. 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 (90) consecutive days, shall result in the lapse of the
Home Occupation License.
D. Approval Conditions. The City Council may require, as a condition for license
approval, that the applicant comply with other or additional site -specific
requirements dictated by the nature of the proposed business, site constraints, and
neighborhood characteristics. By way of example only, and not of limitation, the
Council may impose restrictions on hours of operation, customer parking,
landscaping and screening, noise, or the like. The terms of the Home Occupation
License shall be specified in a written license issued by the City following
approval by the City Council. A written notice of decision shall also be issued
following denial of any application.
E. 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
the Municipal 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 (30) days in which to abate or correct the violation, which period
may be extended by the City Council 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 ($1,000) per
3
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 of the City
Code, 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 or written notice to the applicant explaining
the basis for the action. Any aggrieved party may appeal such revocation
to the City Council by delivering notice of appeal within ten (10) days of
the notice of revocation.
8. An applicant wishing to appeal the grant or denial of a Home Occupation
License shall do so by filing a notice of appeal with the City Recorder
within ten (10) days of the notice of decision. The Board of Adjustments
shall hear appeals and shall be limited to the issue of whether the Council
exceeded the authority granted by this Section.
PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in
open session thisl0th day of April, 2001. This ordinance shall take effect immediately
upon passage.
Rachel Ellison
Moab City Recorder
arla R. Hancock
Mayor of Moab City
4
ORDINANCE #2001-05
AN ORDINANCE AMENDING SECTIONS 17.09.540; 17.09.550; 17.09.640
OF CHAPTER 17.09, TITLE 17, OF THE MOAB MUNICIPAL CODE
REGARDING CONDITIONS FOR THE APPROVAL OF HOME
OCCUPATIONS, PREMISES OCCUPATION AND PROFESSIONAL
OFFICES.
Ordinance #2001-05 was adopted at a Regular City Council Meeting held on April 10, 2001
at the Moab City Council Chambers, 115 W. 200 So. Moab, Utah 84532. Complete copies of
Ordinance #2001-04 are available at the City of Moab Recorder's Office at 115 W. 200 So. Moab,
Utah 84532
/s/ Rachel Ellison, City Recorder
Published in the Times Tnderendent on April 26, 2001