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Home My Public Portal AboutORD-CC-2002-07CITY OF MOAB ORDINANCE #2002-07 AN ORDINANCE AMENDING SECTION 17.09.530 AND.09.540 OF CHAPTER 17.09, TITLE 17, OF THE MOAB MUNICIPAL CODE REGARDING CONDITIONS IN GENERAL AND CONDITIONS FOR THE APPROVAL OF HOME OCCUPATIONS WHEREAS, the existing municipal ordinances regulating Home Occupations are lengthy and time consuming; and WHEREAS, the Planning Commission has the legal power to process Home Occupation Permits; and, WHEREAS, the City Council will have the power of review upon appeal of the Planning Commission decisions; NOW THEREFORE, the Moab City Council, on advice and recommendation of the Moab City Planning Commission, hereby amends the Moab Municipal Code Section 17.09.540 as follows: 17.09.540 CONDITIONAL USE -HOME OCCUPATIONS. The Planning Commission may permit home occupations in the A-2, RA-1, R-2, R-3, R-4 and MH/RVx 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 Planning Commission . 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. B. Site and Use Limitations. Ordinance #2002-07 Page 1 of 4 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 Planning Commission , based upon site -specific considerations, Home occupations may be permitted up to two (2) employees who are not residents of the primary dwelling. The Commission 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 interne) 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. 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. Ordinance #2002-07 Page 2 of 4 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 Planning Commission 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 Commission 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 Planning Commission . A written notice of decision shall also be issued following denial of any application. E. Appeals. Decisions by the Planning Commission may be appealed to the City Council. Appeals must be submitted to the Planning Office within 30 days of date of decision and shall be heard at the next regularly scheduled City Council Meeting. The Planning Commission at their discretion may forward their decision for review to the City Council. F.. 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 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 ($1,000) per violation. The City shall be entitled to recover its reasonable attorney fees Ordinance #2002-07 Page 3 of 4 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 Planning Commission by delivering notice of appeal within ten (10) days of the notice of revocation. 17.09.530 Conditional use --Generally. The following uses shall be permitted only after hearing by the planning commission and consideration of the planning commission records by the city council as set forth in Sections 17.09.540 through 17.09.640. Except that 17.09.540 (Home Occupations) shall be heard by the Planning Commission with appeal to the City Council. (Prior code §27-28(part)) PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 24th day of September, 2002. This ordinance shall take effect immediately upon passage. Rachel Ellisegga„);„ on Moab City Recorder Ordinance #2002-07 David L. Sakrison Mayor of Moab City Page 4 of 4