HomeMy Public PortalAboutORD-CC-2004-03ORDINANCE 2004-03
AN ORDINANCE AMENDING SECTION 17.69.030 OF THE MOAB MUNICIPAL CODE
RELATING TO SECONDARY DWELLINGS.
WHEREAS, the City of Moab promotes residential development in areas where city
services are currently provided; and,
WHEREAS, potential residents are looking to the City as a potential place to live and
retire; and,
WHEREAS, moving to the City is sometimes a process that is more efficiently and
economically accomplished over time; and,
WHEREAS, a small, accessory residence, constructed under the ordinance allowing
secondary dwellings on residential properties in the R-2, R-3, R-4 & RA-1 residential
zones (17.69), would facilitate residential infilling; and,
WHEREAS, when the primary structure was completed, the secondary dwelling could, if
so desired by the owners, be used as a separate rental dwelling unit; and,
WHEREAS, the City of Moab in its General Plan encourages the construction of
affordable housing units; and,
WHEREAS, the Planning Commission recommended that the following amendment be
adopted by the City Council.
NOW THEREFORE, the City of Moab amends the Zoning Ordinance Chapter 17.69.
030 as follows:
B. A secondary dwelling may be built prior to the construction of the main dwelling
if:
1. An adequate building envelope for the main dwelling is located shown
on an approved site plan; and,
2. Adequate access to secondary dwelling is maintained; and,
3. The secondary dwelling will be located to the rear of the proposed
primary dwelling; and,
4. All setback requirements for both the secondary and primary dwelling
structures are satisfied; and,
5. The primary dwelling is constructed within 2 years of the issuance of
the building permit for the secondary dwelling.
PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in
open session this 27'`' day of April, 2004. This ordinance shall take effect immediately
upon passage.
Rachel Ellison
Moab City Recorder
Dave Sakrison
Mayor of Moab City
Ordinance #2004-03
Page 1 of 1
Prooa )f Publication
CITY OF MOAB
PUBLIC HEARING
PROPOSED
ORDINANCE
#2004-03
SECONDARY
DWELLINGS
The City of Moab
will hold a Public Hear-
ing on Tuesday, April
13, 2004 at approxi-
mately 7:30 p.m. in the
Council Chambers of
the Moab City Offices
at 115 West 200 South,
Moab, Utah.
The purpose of this
hearing is to solicit
public input Ordinance
#2004-03 - An Ordi-
nance Amending Sec-
tion 17.69.030 of the
Moab Municipal Code
Relating to Secondary
Dwellings.
In compliance with
the Americans with
Disabilities Act, indi-
viduals needing spe-
cial accommodations
during this meeting
should notify the
Recorder's Office at
115 West 200 South,
Moab, Utah 84532; or
phone (435) 259-5121
at least three (3) work-
ing days prior to the
meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah April 1 and
A. 2004.
STATE OF UTAH,
ss.
County of Grand,
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ord. 2004-03 Hearing
MAY 2ont
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 Apr . 1, 2004
;and the last on Apr. 8, 2004
;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 news-
paper proper and not in a supplement thereof.
4‘z,_4o4)="
o-Publisher
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Commission Expires
4 -zs .i ; O k,.:_; a TAYLOR
g'
7•n.i°i•';eSTRIColliT
•: CENTER
`-1;V ;, t nT 84532
C-: • . =`('. 10-17-2004
ORDINANCE •7,T.
2004-03 - AN ORDINANCE
AMENDING SEC-
TION 17.69.030 OF
THE MOAB MUNICI-
PAL CODE RELAT-
ING TO SECOND-
ARY DWELLINGS.
WHEREAS, the
City of Moab pro-
motes residential de-
velopment in areas
where city services
are currently pro-
vided; and,
WHEREAS, po-
tential residents are
looking to the City -as
a potential place to
live and retire; and,
WHEREAS, mov-
ing to the City is
sometimes a process
that is more efficiently
and economically ac-
complished over time;
and,
WHEREAS, a
small, accessory resi-
dence, constructed
under the ordinance
allowing secondary
dwellings on residen-
tial properties in the
R-2, R-3, R-4 & RA-1
residential zones
(17.69), would facili-
tate residential
infilling; and,
WHEREAS, when
the primary structure
was completed, the
secondary dwelling
could, if so desired by
the owners, be used
as a separate rental
dwelling unit; and,
WHEREAS, the
City of Moab in its
General Plan encour-
ages the construction
of affordable housing
units; and,
WHEREAS, the
Planning Commission
recommended that
the following amend-
ment be adopted by
the City Council.
NOW THERE-
FORE, the City of
Moab amends the
Zoning Ordinance
Chapter 17.69.030 as
follows:
B. A secondary
dwelling may be built
prior to the construc-
tion of the main dwell-
ing if:
1. An adequate
building envelope for
the main dwelling is
located shown on an
approved site plan;
and,
2. Adequate ac-
cess to secondary
dwelling is main-
tained; and,
3. The secondary
dwelling will be lo-
cated to the rear of the
proposed primary
dwelling; and,
4. All setback re-
quirements for both
the secondary and
primary dwelling
structures are satis-
fied; and,
5. The primary
dwelling is con-
structed within 2
years of the issuance
of the building permit
for the secondary
dwelling.
PASSED, ADOPTED
AND APPROVED by
the Governing Body
of the City of Moab in
open session this
27th day of April,
2004. This ordinance
shall take effect im-
mediately upon pas-
sage.
/s/Dave Sakrison
Mayor of Moab City
ATTEST:
/s/Rachel Ellison
Moab City Recorder
Published in The
Times -Independent,
Moab, Utah July 29,
2004.
Prod )f Publication
STATE OF UTAH,
SS.
County of Grand,
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ordinance 2004-03
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 July 29 , 2004
;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 news-
paper proper and not in a supplement thereof.
Subscribed and sworn before me this
Residing at Moab, Utah
My Commission Ex s ires,,. ,.
THOMAS S. TAYLOR
NOTARYPifLH STATEorurii
29 EAST CENTER
MOAB, UT 84532
COMM. EXP. 10-17-2004