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HomeMy Public PortalAboutORD-CC-2010-13Q k_J ORDINANCE #2010-13 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.09 and 17.70 BY AMENDING THE NUMBER AND TYPES OF USES AND PROVIDING CONDITIONS AND STANDARDS FOR SPECIFIC CONDITIONAL USES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters dealing with conditional use permits and that the Code is lacking concise review criteria that can be applied to individual conditional uses; and WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public hearing held on July 8, 2010, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to day administration of the Code and be more easily understood by the general public; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2010-13 in a regularly scheduled public meeting held on September 14, 2010, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions, of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2010-13 and repeals the following Chapters in the Moab Municipal Code and holds them in reserve: 17.09.531 (5) Twin Homes 17.09.570 Conditional use --Utility buildings and structures permitted. 17.09.620 Conditional use --Flood protection. 17.09.630 Conditional use --Twin homes. 17.09.650 Street lighting. 17.70.00 Bed and Breakfast Facilities 17.69 Secondary Dwellings 15.36 Article III, Recreational Vehicle Courts, specifically chapters: 15.36.180 Intent; 15.36.190 Regulations -Generally; 15.36.200 Plan and permit regulations; 15.36.210 Development standards. AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language found in Chapter 17.09.530, Conditional Use Permits. (b) Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The general and specific conditions for approval for the review requirements are listed in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses below. Page 1 of 19 CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- S SAR MH/RV FC- 1 RC I Residential uses Dwellings(1) C Historic Residential Uses (2) C Secondarydwelline Unit (3) CCCC Multi -family dwellings of 7 or more units (4) C C Group Home (5) CCCCC C Public services Utility provider structures and buildings (6) CCCC CCCCC C Agricultural uses Premises agricultural occupations (specifically retail with feed, seed, fertilizer, equipment and similar items) (7) C C Transportation -related uses Storage or Trucking Company/Terminal (8) C C Recreational and Entertainment Uses B&B /rooming or boarding house (9) C C C RV /travel trailer park (10) C C RV area within a mobile home park (11) C Golf Courses (12) C C RV court (13) C C Outfitters and guide services (14) C Outdoor recreational uses, commercial (15) C Industrial Uses Self storage warehouse (16) C Asphalt/concrete hatching plant, permanent (/7) C Asphalt or Concrete Hatching, Plant, Temporary t 18) C C Wireless telecommunication facilities (19) C C Commercial Uses Drive-thru Windows (20) C Large commercial and home -based day-care centers 211 CCCC C C C Page 2 of 19 Sales of Manufactured Homes (22) C Land Use Di%ision of small Lots (23) C C C C C CCCCC C C CONDMONAIL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- S SAR MHIRV FC- 1 RC I Moved buildings (24) C C C C C CCCCC C C Personal Service Uses Cemeteries. public or private (25) C C Animal pound or kennel (private) (26) C C C C Veterinary clinic (27) C Institutional Schools, churches, monasteries, etc. (28) CCCCC C C [." C 17.09.531 Conditions for approval of specific conditional uses. (1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject to the following requirements: a. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four (24) feet. b. All principal residential structures shall: 1. Be placed on a slab -on -grade or perimeter foundation as approved by the building department; 2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; 3. Have a minimum 4:12 roof pitch and a one (1) foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); 4. Allowed accessory structures shall not exceed 25% of the rear yard; 5. Buffering is required in accordance with other provisions of this chapter. 6. Minimum Setbacks for Residential Structures in the C-4 Zone Front Yard 30 feet Side Yard 15 feet Rear Yard 20 feet (2) Historic Dwellings in the C-3 Zone. Dwellings that have or may have historical significance may apply for historic designation through the review process contained in Chapter 17.90 of this code. The dwelling must satisfy the review criteria and meet the standards included in the chapter. (3) Secondary Dwelling Unit. Secondary dwelling units are encouraged as dwellings for one or two persons as an opportunity for affordable housing of immediate family. Increasing affordable housing opportunities in the R-2, R-3, R-4 and RA-1 residential zones will benefit the community in its entirety. A. The following provisions are intended to facilitate secondary dwellings while minimizing land use conflicts and environmental degradation. Page 3of19 a. Secondary dwellings shall not occupy more than twenty-five percent of the rear yard. b. The secondary dwelling shall be setback at least twelve feet from the rear of the main dwelling and adhere to the required setbacks of the underlying zone. c. Any request for secondary living quarters within residential zones shall be reviewed and approved by the planning commission upon recommendation of the zoning administrator. d. A secondary dwelling shall not be constructed prior to the principal structure. B. The following criteria must be established prior to building permit issuance: a. Size. The maximum size for secondary living quarters shall be no more than seven hundred square feet with no more than one bedroom. b. Parking. One on -site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line. No parking shall be permitted in the front setback area. c. Secondary Dwellings Per Lot. No more than one secondary dwelling may be located on a lot. d. Property to Remain Undivided. Properties with secondary dwelling permits shall remain recorded as one lot. e. Maximum Occupancy. The maximum occupancy of the secondary dwelling shall be no more than two. f. No Separate Leases. The owner of the property shall occupy one unit. The secondary dwelling shall not be sold separately. g. Deed Restriction. A deed restriction must be filed with the county recorder which states: A permit for a secondary dwelling was issued to , the current owner of this property on . This permit does not run with the land and is automatically invalidated by the sale or transfer of this property. Prospective purchasers should be advised that only one unit on the property may be rented; the other must be occupied by the owner. Prospective purchasers who intend to reside in one of the units on the property may apply to the Planning Department for a secondary dwelling permit. If all of the conditions required by zoning have continually been met, a new permit will typically be granted. The owner shall strictly adhere to the prohibition of the use of the secondary dwelling as nightly or short-term rental. h. Nightly Rentals. Secondary dwellings are intended for long-term rental of six consecutive months or more, to the same individual, and may not be used for nightly rentals. C. The permit for secondary dwellings may be subject to a yearly review by the zoning administrator. The review shall occur one year after issuance of the secondary dwelling permit. Page 4 of 19 The zoning administrator may revoke the secondary dwelling permit for noncompliance with the criteria of this chapter. The permittee may appeal the determination to the board of adjustment, which will evaluate the zoning administrator's determination of noncompliance and decide if the permit revocation should occur. (4) Multi family dwellings of 7 or more units All multi -family development of seven or more units shall be subject to the following requirements: a. Access. Vehicular access shall be provided to the property in such a way that it does not impeded traffic patterns on adjacent streets. b. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. c. Garages or carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen (15) feet or be accessed from the rear or side of the property. d. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of 15% of the interior of the parking area shall be Iandscaped to provide shade and break up the expanse of asphalt. e. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen (I5) feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. f. Open space. Required open space/recreation areas shall be provided in accordance with Chapter 17. (5) Group Home. A group home may provide living arrangements for not more than eight (8) residents per home sixty years of age or older; or for persons in alcohol recovery, halfway house or other similar programs; or for the developmentally disabled, limited to cerebral palsy, multiple sclerosis, mental retardation, autism, and epilepsy; and not more than two (2) supervisory personnel; subject to the following conditions: a. Such homes must be state -licensed. b. All exterior aspects of a group home, including its scale and off-street parking configuration, shall not disrupt the residential character of the area. c. In no case shall the total number of persons residing on premises (including staff) be more than one (1) per four hundred (400) square feet of usable floor area (20% more than the single family equivalent). d. Such homes shall provide off-street parking pursuant to Sections 17.09.210- 17.09.340 of this code. (b) Utility provider structures and buildings. New construction of water lines, sewer lines and electric substations and structures may be constructed in all zones subject to the approval of the Planning Commission and Council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. When expansion of existing facilities and construction of new facilities in developed neighborhoods are proposed, an application for a conditional use permit shall be required. The Planning Commission may require conditions in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities. A. These types of facilities include but are not limited to: Page 5 of 19 1. ElectricaI utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access. 2. Solid waste disposal facility 3. Water pumping plants and pipelines, 4. Public utility buildings and structures (except power plants), 5. Flood control structures, 6. Substations, 7. Sewage treatment plants subject to review and approval of the State Department of Health B. Site standards: 1. Architectural fonn and character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolate minor elements such as pad mounted transformers, telephone pedestals and metering stations. 2. Screening and Fence requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development, shall include retention of significant trees, as necessary to maintain and protect property values, enhance the visual appearance of the City, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the City. a. The Planning Department and Community Development Director shall review the proposed landscape plan with each application and make a recommendation to the Planning Commission. b. The applicant shall provide site perimeter landscaping that shall consist of a minimum width of ten (10) feet and include: 1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; 2. A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years c. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: 1. Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. 2. Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a Downtown Land Use District. 3. A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. Page 6 of 19 d. Equipment and vehicle storage yards require 15 feet of landscaping on all sides if visible from a public right-of-way. e. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter Iandscaping as required f. Alternative landscaping may be approved by the Planning Commission if the landscaping will provide the desired screening as noted below: 1. The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and 2. The proposed landscaping either: a. Incorporates the increased retention of significant trees and naturally occurring undergrowth; or b. Better accommodates or improves the existing physical conditions of the subject property; or c. Incorporates elements to provide for wind protection or to maintain solar access; or d. Incorporates elements to protect or improve water quality; or e. Incorporates native species in a design that buffers a critical area from uses on the site, including parking. (7) Premises agricultural occupations. This type of occupation specifically concerns the retail sale of feed, seed, fertilizer, equipment and similar items used in agriculture. The following standards shall be met for this type of business. a. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways. b. Hours of operation shall be confined to lam to 7pm or established by resolution of the Planning Commission. c. Dust, glare, odor, and noise shall be confined within the boundaries of the property. d. All signs shall comply with the sign regulations of Chapter 15.44 and shall not exceed fifteen (15) square feet. e. Outside storage of products for sale is limited to hours of operation. (8) Trucking Company/Terminal. a. Parking areas shall be paved with an all-weather hard surface such as concrete or asphalt that will not generate dust or gravel deposits on paved roadways. b. A minimum of fifteen (15) percent of the parking area shall be landscaped with: i. Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. ii. Earth -mounding, an average of three and one-half feet in height, planted with trees, shrubs or living ground cover so that the ground will be covered within three years. A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. iii. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; c. Odor, glare, and noise shall be confined to the property. Page 7 of 19 d. Adjacent properties shall be buffered by perimeter landscaping a minimum of fifteen (15) feet in width. e. Parking areas shall be illuminated by pole lighting only that shall be downward directed with full cut-off fixtures dispersed throughout the parking area and shall provide a minimum of .5 candle power and not more than 1.0 candle power of illumination. No light shall be placed on the eave or side of buildings and be directed outward toward the perimeter of the property. f. Adequate access/ingress shall be provided so as not to impact traffic patterns in the area g. Refrigerator units shall not be allowed to run from the hours of 10:00 pm to 7:00 am. (9) Bed and breakfast, rooming or boarding house. A. All such uses shall comply with the following preconditions. 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit 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 the person holds 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. 2. 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 consideration. 3. 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 planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. 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. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. 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. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All 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 Page 8of19 thirty -day stay, and meals shall be served to guests only (bed and breakfast: zoning R2, R3, R4). 3. 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). 4. 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 shall be counted as one room. 5. 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. 6. Signs are limited to one nontlashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. 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. 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. 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. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the board of adjustments within ten days of planning commission action. (10) Recreational vehicle/travel !railer park or court. The following provisions are intended to manage the development of RV parks while minimizing land use conflicts and environmental degradation: a. Trees and other landscaping serving as a buffer to other adjacent uses must surround the area for a minimum distance of fifteen (15) feet. Landscaping shall be in accordance with the requirements of Code Chapter 17.09.360. b. A solid decorative privacy wail or wooden privacy fence shall be constructed and maintained around the park perimeter. c. A minimum separation of twenty (20) feet shall be maintained between each RV unit. d. Adequate sanitation facilities and HC facilities shall be provided and maintained for the maximum number of units as per the International Building Code Appendices. e. A minimum area of 10% or 500 square feet, whichever is greater, must be provided as open space for a playground and/or picnic area. f. Traffic patterns within the park and ingress and egress from adjacent streets shall be designed to minimize congestion at all intersections. g. Hours of operation shall be limited to 6:00 am to 10:00 pm for the office and other park facilities or be established by resolution of the Planning Commission. h. Conditions of Approval. Both the planning commission and city council shall use the following criteria in reviewing conditional use permit requests as well as the specific conditions for each type of conditional use listed in the matrix in section b, above. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause Page 9of19 for denial. The applicant shall adequately demonstrate that the criteria have been met. (11) RV area within a mobile home park. All parks shall meet the following conditions: a. Must be located along a perimeter of the park b. Access shall not be through the park c. Trees and other landscaping serving as a buffer to residential uses must surround the area for a minimum distance of fifteen (15) feet. d. A solid decorative privacy wall or wooden privacy fence shall be constructed and maintained around the RV area. e. A minimum separation of twenty (20) feet shall be maintained between each RV unit f. Adequate sanitation facilities and HC facilities shall be provided and maintained for the maximum number of units as per the International Building Code Appendices. g. A minimum area of 10% or 500 square feet, whichever is greater, that is located within the RV area must be provided as open space for a playground and/or picnic area. i. Appeals (12) Golf Courses Must contain a minimum of ten acres and a golf club house may be permitted when part of an approved site plan. The plan must address the following conditions: a. Golf course designs shall implement nonpoint source pollution best management practices (BMPs). b. Course designs and best management plans shall be submitted to the Moab City Planning Department for review and referral to the Planning Commission for comment and approval before golf course construction can begin. c. Course designs must show that there are no encroachments into areas restricted from development and to minimize the impact of the overall site development on natural resources of the area. The design must meet the requirements of Chapter 17.09.660, Site Plan Required, and contain the following supplemental information: i. Address stream, wetland, and habitat protection ii. Contain an environmental constraints analysis that includes the existing environmental conditions on the site and a report with plans that provide: • Field located streams, ponds or other water bodies, name of watershed and sub -watershed and Stream Use Class designation, • Field located wetlands including documentation of vegetation, soils, and hydrology, • Wetlands classifications (Cowardin; National Vegetation Classification Standard for wetlands), • Calculated 100-year floodplain, • Topography with slopes differentiated as 1-25%, 26-39%, 40-45%, and 46%+, • Existing land cover (e.g., forest, meadow, old field, etc.). • Location of significant plant and/or animal habitat including: documemation of species, date of last known siting, status, and source of documentation. d. Application of Regulations and Policies. After verification of the existing environmental conditions by the U.S. Army Corps of Engineers or other federal agency, the applicant will identify on the plan those areas of the site that would be restricted from development by: 1) denoting buffer boundaries, 2) denoting those areas of significant habitat determined to exist on site that will be preserved, and 3) denoting those existing areas that will be preserved. Page 10 of 19 e. Design Standards for Preliminary Plan. After the applicant has determined the areas restricted from development, a plan should be prepared for submission to the Planning Commission that shows the proposed lay -out of the golf course. The plan shall include the following: 1. Tees, greens, fairways, and practice range; 2. Buildings (e.g., clubhouse, maintenance facilities, etc.); 3. Roads, cart paths, and parking lots 4. Conceptual design for the management of storm water runoff and water quality including locations and methods and documentation that these locations and methods are practical; and 5. Location of irrigation wells and/or ponds. f. Approval of Encroachments. If any of the above facilities would require encroachment on buffers, streams, wetlands or floodplains, approval must be granted by the U.S. Army Corps of Engineers or other federal agency. (13) Recreational vehicle court. These regulations are intended to establish minimum standards that are designed to facilitate the development of safe and sanitary accommodations for short- term occupants. All recreational vehicle courts constructed or enlarged within the city shall be located only in zones in which they are listed as a permitted use under the terms of Title 17, Zoning, and shall conform to the requirements and standards set out below. A. Permit required. Any person wishing to construct a recreational vehicle court shall prepare a plan and submit the same to the zoning administrator. No construction connected with such recreational vehicle court shall be commenced until a valid permit has been obtained. Before a permit can be issued for any construction connected with a recreational vehicle court, the plans must be approved by the planning commission as set forth below: B. Site Plan Required. Such plans shall show the information required for site plans in accordance with Section 17.09.660. C. Development standards. 1. The area shall be held and remain under single ownership. The property shall not be subdivided unless the development and subdivision is approved as a master planned development and complies with the provisions of Chapter 17.65. Not less than twenty- five (25) percent of the gross area of the recreation vehicle court shall be developed into a park or play space for the common use of the occupants. The land covered by vehicular roadways, sidewalks, parking spaces and landscaped areas surrounding recreational vehicle spaces which are pertinent to each space, and the area devoted to service facilities shall not be construed as being part of the area required for parks and playgrounds. An open space easement covering all common area restricting the use of the land contained therein against future building or use, except that which is in accordance with an approved amended plan, shall be conveyed to the city as part of the documentation. Page 11 of 19 2. The plan must be prepared by an engineer, land surveyor, architect or landscape architect licensed to practice in the state. 3. Yard Lighting. A minimum to two -tenths footcandles of light shall be required for protective yard lighting the full length of all driveways and walkways. 4. All roadways shall be hard -surfaced. 5. All recreational vehicle courts shall abut upon a collector or arterial street as set forth in the master plan of the city. b. All entrances and exits from the recreational vehicle court shall be by forward motion only. 7. No exit or entrance from a recreational vehicle court shall be through a residential zone. 8. All one-way roads shall be at least sixteen feet in width and all two-way roadways shall be at least twenty-four feet in width. 9. All recreational vehicle spaces shall be located at Ieast twenty feet back from the right-of-way line at any public street and the resulting setback space must be landscaped with lawn and trees or shrubs as approved by the building inspector. 10. All areas within the court which are not hard -surfaced shall be landscaped and maintained with lawns, trees and shrubs designed to provide privacy and noise containment, and shall be equipped with adequate sprinkling devices as determined by the building inspector. 11. Each recreational vehicle space shall be at least twenty feet in width and at least forty feet in length. 12. All recreational vehicles shall be served by a water system, a sewage disposal system, and a solid waste disposal system and solid waste disposal facilities which have been approved by the State Health Department. 13. In addition to meeting the above requirements, all recreational vehicle courts shall conform to the requirements set forth in the Code of Camp, Trailer Court, Hotel, Motel and Resort Sanitation Requirements as adopted by the Utah State Board of Health and shall also conform to the Fire Code, which codes have been adopted by the city. 14. All recreational vehicle courts shall be maintained in a tidy and sanitary condition, free, at all times, from debris, trash and deleterious objects and structures. 15. Prerequisite to the occupancy of any recreational vehicle court shall be the Page 12 of 19 obtaining of an annual license, which shall be issued only after inspection by the building inspector. It is unlawful to operate a recreational vehicle court without first obtaining a license and such license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth. (14) Outfitters guide services and facilities. All such uses shall satisfy the requirements of this chapter as well as address the following standards to the satisfaction of the Planning Commission : 1. Storage of equipment must be contained indoors except for boats, rafts, canoes and other watercraft. 2. Adequate off-street parking must be provided 3. Noise, glare, and odors shall be contained within the boundaries of the property. 4. All fencing and parking areas shall be maintained in an appealing manner. 5. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). 6. Landscaping screening shall be provided and maintained along the perimeter of the property and consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once it is installed. 7. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. 8. Hours of operation shall be established by resolution of the Planning Commission (15) Outdoor recreational uses, commercial. 1. Adequate off-street parking must be provided 2. Noise, glare, and odors shall be contained within the boundaries of the property. 3. All fencing and parking areas shall be maintained in an appealing manner. 4. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). 5. Landscaping screening shall be provided and maintained along the perimeter of the property and consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once it is installed. Landscaping options may be 6. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. 7. Hours of operation shall be established by resolution of the Planning Commission (16) Self storage warehouse. 1. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as described in Code Chapter 17.09.660, Site plan —Required. 2. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface such as asphalt, concrete, bricks, pavers or cobblestones. The use of gravel may be exercised but a dust inhibitor shall be regularly applied to the surface and appropriately worked into the surface material. 3. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or unloading by a unit. 4. Traffic impacts shall be mitigated and not lead to disruption of traffic flow on adjacent streets. 5. Self storage warehouses shall be screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. High quality landscaping may be incorporated into the screening effort but maintenance of all vegetation is the responsibility of the owner(s) of the property. 6. Glare, dust, odor, and noise must be contained within the property boundaries. Page 13 of 19 7. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). Landscaping screening shall be provided and maintained along the perimeter of the property and consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once it is installed. 8. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. 9. The lot size shall be between a minimum of 2 acres and a maximum of 5 acres. 10. The total area covered by buildings shall not exceed 50 percent of the site. 11. The maximum height of the building or buildings permitted as of right is 20 feet or one story. Additional height may be allowed by resolution of the Planning Commission. 12. No outside storage is permitted except for large vehicles and boats that are under a permanent cover. 13. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited. 14. No business activity other than the rental of storage units shall be conducted on the premises. 15. One dwelling unit is permitted on the same lot for use as a caretaker dwelling. (17) Asphalt/concrete batching plant, permanent 1. Hours of operation 5:00 am to 9:00 pm or restricted by resolution of the Planning Commission 2. Traffic impacts- drive entries must be designed to minimize impeding traffic in lanes of travel on adjacent streets 3. Odor, noise, and glare must be contained within the boundaries of the property 4. Landscaping Screening shall be provided and maintained along the perimeter of the property and consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be managed and landscaping maintained once it is installed. 5. All parking areas shall consist of a dust free durable surface. The use of gravel may be exercised but a dust inhibitor shall be applied to the surface and appropriately worked into the surface material. 6. Dust- Appropriate mechanical devices shall be in place to minimize the release of dust and cement and fly ash particles or other nuisance material from the hatching and stockpile areas. (18) Asphalt or Concrete Batching Plant, Temporary. A temporary asphalt or concrete batch plant permit may be approved by the zoning administrator for producing asphalt or concrete products used in construction activities on the same or nearby sites subject to the following conditions. a. The batching plant site shall comply with all applicable provisions of city, state and federal laws. b. The batch plant shall not be located within six -hundred feet (600') of a residence. c. Hours of operation will be limited to Monday through Friday, 7 a.m. to 7 p.m. d. The batch plant permit will be valid for up to six (6) months with a single renewal of a six (6) month time period by the Zoning Administrator. Subsequent time periods may be approved only through review by the Planning Commission. e. No portion of the batch plant or its operation shall be located on a public street. f. The batch plant shall only furnish concrete, asphalt, or both, to a specific project. The placement of a temporary batching plant for a private project is restricted to the site of the project. g. The site must be clear of all equipment, material and debris upon completion. h. All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) days of completion of the project. Page 14 of 19 i. At termination and/or removal of plant permit, permittee shall have the person responsible walk the site with the building official or his/her designee to verify the site meets city approval. (19) Wireless Telecommunication Towers. All wireless telecommunications facilities shall only be allowed in areas zoned I-1, C-4 or on city, county or school district owned property located in areas found to be aesthetically appropriate and suitable as approved by the planning commission and city council. Council shall base their approval, denial, or approval with conditions on the recommendations of the public works director, zoning administrator, and city planner. The regulations and standards for the construction, erection or placement of all wireless telecommunications towers within the jurisdiction of the city are found in Code Chapter 17.76. (20) Drive-thru Windows. Proposed drive-thru windows shall be evaluated using the following standards. 1. The drive-thru use shall not interfere with traffic circulation to and from the building site 2. The drive-thru use shall not hinder the use of available parking areas or access to parking areas 3. The drive-thru use shall utilize additional landscaping, soil berms, and/or fencing as required to serve as a buffer for light and/or noise 4. Design features shall be incorporated for the sufficient protection of adjacent uses from adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 5. Provisions for proper maintenance of the drive areas, lighting, signage, landscaping, etc. shall be provided. 6. The drive-thru window shall be operated only during approved business hours 7. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. (21) Large commercial and home -based day-care centers. Large home based facility serves eight to sixteen persons in accordance with state rules and shall be permitted to operate between the hours of 5:00 a.m. to 9:00 p.m. daily or as approved by a conditional use permit. A commercial facility is a stand-alone facility not attached to a residence. a. Proof of a state license is required as part of the approval. b. Applicants shall submit a conceptual site plan that indicates: i. Ingress and egress to the property, ii. drop off/pick up areas iii. Traffic circulation iv. Off-street parking v. Landscaping vi. Buffering or separation from dissimilar uses vii. Open space for older kids c. Hours of operation shall be between 5:00 am until 9:00 pm or as restricted by resolution of the Planning Commission. d. Odor, noise, and glare shall be restricted to the property. e. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). (22) Manufactured Home Sales. The following additional items shall be used during review of Page 15 of 19 applications for this use in an effort to mitigate impacts from the sales of factory built structures: a. Additional perimeter landscaping in compliance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications) shall include berms, screening, and fencing, b. Increased setbacks from property lines may be required when adjacent to dissimilar uses, c. Hours of operation shall be 8:00 am to 7:00 pm, or as established by resolution of the Planning Commission. d. Storm water management plan is required to be submitted for review by the City Public Works Director and City Engineer, e. Permanent structures shall express architectural compatibility with surrounding buildings in terms of appearance, scale and features, site design and scope, f. Potentially adverse impacts from noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, shall be contained within the property boundaries, g. Traffic impacts on surrounding streets shall be minimized, h. Sufficient paved parking shall be provided in accordance with this code. (23) Division of Undersized Lots (Not to be confused with Chapter 17.12.110, Nonconforming lots of record.)Where a parcel of land at the time of the adoption of the ordinance codified in this title is at least one and eight -tenths times as large in area as required for a lot in the zone, the planning commission may permit the division of a parcel into two lots, provided: a. Such division will not cause undue concentration of buildings; b. The characteristics of the zone in which the lot is located will be maintained; c. In the opinion of the planning commission, values in the area will be safeguarded. (24) Moved buildings, No building shall be moved within the city which building has had prior use, without an application being filed with the Zoning Administrator. A. Such application shall contain the following information: i. Location and address of the old and new site; ii. Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on such lots; iii. Plans and specifications for the proposed improvements at the new locations, including plans for landscaping treatment when required by the zoning administrator; iv. Certification by the building inspector that the structure is sound enough to be moved and that the condition, location and use of the building will comply with the zoning ordinance and all other applicable codes and ordinances. B. The application must then be reviewed by the planning commission who will forward a recommendation of approval or denial to Council. Before approving such application and authorizing the issuance of a permit, the city council shall consider the recommendation of the Planning Commission and must find: i. That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved; ii. That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved; Page 16 of 19 That such building and the lot on which the building is to be located will conform to the requirements of the zoning ordinance and other applicable codes, ordinances, and regulations; iv. That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties; v. That all landscaping, walkways and masonry work about the premises and the required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city; vi. That a bond or other assurance has been posted as a guarantee that the building and grounds will be improved as stipulated by the planning commission before the building is occupied and that the vacated site will be restored to a safe and attractive condition. The amount of the bond or other assurance shall be at least equal to the cost of employing a contractor to make the improvements to the buildings and premises as required by the planning commission. The requirements of this provision shall also apply to the moving of mobile homes, demountable homes, manufactured homes and similar movable structures, except when being moved from outside the city into a mobile home park. (25) Cemeteries, public or private. No cemetery, or any extension of an already existing cemetery, shall hereafter be established in the city without the consideration and recommendation of the Planning Commission as follows: 1. Applications required. Application for the establishment of a cemetery or for the extension to an existing cemetery shall be made on forms provided by the Zoning Administrator. The application shall include: a. The name(s) and address(es) of the owner(s) of the land, b. The area(s) of the property that will be used for burial purposes, c. The area(s) of the property that will be used for screening purposes, d. Other information as may be helpful to the Planning Commission in its consideration of the application, e. An appropriate fee as adopted by resolution of the City Council. f. Detailed site plans drawn to scale by a licensed professional Utah registered land surveyor or professional engineer as per Chapter 17.09.660. g. A written legal description of the cemetery, h. A narrative describing the: i. Age and condition, ii. Historical significance is applicable, iii. Whether the cemetery is religious, family, organizational, or publicity owned, iv. Any prehistoric or historic archaeological discoveries on the property, and v. A written description of names and vital dates of those interred. 2. Eapansion/disruption. If the expansion requires a disruption of existing burial sites, the applicant shall provide a detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, and reburial plan. Such plan shall include a written description and visual drawing of the plan showing the relocation of graves. Page 17 of 19 O C� 3. Consideration and recommendations by planning department. The planning department shall consider, among other things: a. The need for the proposed cemetery or extension and the desirability of the location, b. Report its findings to the Planning Commission with any conditions that should be imposed on the applicant relative to landscaping and setting aside a part of the proposed area for screening purposes, and c. A recommendation that a bond be furnished by the applicant for the fulfillment of any conditions imposed by the Planning Commission, and an appropriate amount of the bond at one hundred fifty (150) percent of the total cost of the improvements. 4. Conditions of approval to be specified. The Planning Commission, by resolution, shall establish specific conditions of approval to create/extend a cemetery. Conditions shall be based on: a. The need for the proposed cemetery or extension; b. The desirability of the location; c. Specific areas to be used for burial purposes and screening; d. Type and extent of landscaping; e. Amount of guarantee bond for improvements; f Light, glare, dust, noise; g. Traffic impacts; h. Parking. (26) Animal pound or kennel (private) a. Noise, odor and glare shall be contained on the property b. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. c. Parking shall be provided at a rate of one (1) space per 1,000 square feet and one (1) space per each employee. ADA handicapped accessible spaces shall be provided as required. d. A buffer area of twenty five (25) feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of b. above. e. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. f. Hours of operation for public access shall be from 8:00 am to 5:00 pm or restricted by resolution of the Planning Commission. G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or combination thereof and be in accordance with the requirements of Chapter 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area within three (3) years. (27) Veterinary clinic with kennel a. Hours of operation shall be limited to the hours of 7:00 am to 5:00 pm. unless otherwise restricted by resolution of the Planning Commission. b. Traffic impacts shall be minimized so that on -street vehicle flows will not be impeded Page 18 of 19 c. Noise, odor, and glare shall be contained on the property d. Landscaping shall be completed in accordance with the provisions located in Chapters l 7.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area within three (3) years. (28) Schools, churches, monasteries, etc. All schools, churches, and monasteries shall be subject to the regulations established by Utah State Code Annotated (UCA) and shall be considered by the Planning Commission under Chapter 17.09.530, Conditional Uses. At a minimum, the Planning Commission shall receive a complete site plan which demonstrates that: a. Traffic impacts are minimized so that on -street vehicle flows will not be impeded, b. Noise, odor, and glare is contained on the property, c. Landscaping shall be completed in accordance with the provisions located in Chapters 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area within three (3) years. d. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels, e. Adequate parking for the intended use is provided. 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, AND FURTHERMORE, Chapter 17.20, C- I COMMERCIAL --RESIDENTIAL ZONE and specifically17.20A20 (7) that reads: "Bed and breakfast facilities (adhering to the conditions of the bed and breakfast ordinance)", SHALL BE AMENDED to read: "Bed and breakfast facilities shall adhere to the regulations established in Chapter 17.09.530, Conditional Use Permits." PASSED AND APPROVED in open Council by a majority rote of the Governing Body of Moab City Council n September 14, 2010. SIGH David L. Sakrison, Mayor Rachel Ellison, City Recorder Page 19 of 19 :orrT°Otilfatit (: to- ,s ORDINANOE AMONOING THE 1 CITY OF MONIMUNI@IPAIIAli :CODE, SECTION''17.09 and 17.70 BYAftNDING'THF NUM- . BEPL AND TW S, OF USES AND fiFte pfri.Cti GOND11110N8ANP STANDARDS'FOR SPEOIir~IG CON DITIOi►1AL.USIES; AND.OIaD1NANGE 4Mi 045 - W eIRMlNANOE AMENDIN 114efrri :OF NICIAB.NILDN101 . GORE, 'Era 11,00, ZONING,. .AN$ sPEGIFIGALLY AMENDING WAFTER. 1 .1 ,050, f EWSO , 'FORING USk SAND NoNGOw {F.ii}Yira BuilDiNies er ties oio-io anti ifgaMowjs yam Adqvied at a Beg; tiler eitir Bound MeeThg Sapteniter 1.4„ 20i 0 latille pYly Sound CriarRiers. [Ii7 Fast @enter, Steed Moab, Utah axae Complete cOpies.orOi#inanees 8D3i1 $ and 4 0 .o-tbaro aye& able online aft wwyplicnoabniVorg Of EitIO City Ol Mea-b Records es Office_ at arlr7 EastCent $1seeA Meall Utah a41582. to/ Realtel.6b11s n, Git<y Flesoitierl, Assistant GilOaneget, Rubl[sheti in TirnesjlOder pendent, MO, Utah Navembor ¢; 20 0- Proof of Publication STATE OF UTAH, County of Grand, } } } SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah, and a designated agent of the Utah Press Association; that the notice attached hereto and which is a copy of a City of Moab Ordinance #2010-13 and #2010-15 which is made a part of this Affidavit of Publication, was published in said newspaper for a period of 1 consecu- tive issues, the first publication date having been made November 4, 2010 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publica- tion, and that it was published in the newspaper proper and not in a supplement thereof, and that said notice was published on Utahlegals.com on the same day as the first newspaper publication and the notice remained on Utah- legals.com throughout the period and time of print pub- lication. Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires SADIE WARNER Notary Publrc State of thoh My Commission Expires on Novemi dr 7, 2013 Comm Number 581356 . PUtILIC WARM: PRO I% is t 1645' Mistily 6f PoRig +,till! hail A PubIt Keating on Tueada, :AugOst 217.11Pratr .aptinagitnetety 1515. :rr1. in the until .6torribersioPthe Minieb City, OfThaes � a�ti2VT East Center ,, � +,, athislIss ingislto .solkclt glinc.inpUIJ on Pru seckiDitii- n e 4201 Ma —An Ordlnelice-Amend- frig 'Meek trP MOO .Mantel ectle, Seaton llagpand 17...70.by Esta,bliShing igas.farAppraval Ot' Specffic CondktFar�sl. LJses•and PnVosed Ordinance n0106 1-5 —An Ordinance A nding:the Ott 04 Math Menigpal.OAS, Suction.la.12.0130; Nan-cartlarmkng I _LIII iI=.wmplAn RuHdjnge; .In. cora plierice .with the Arnencens veitflisebil ides A+ indlvidaals:r l-ag specie! aac ornrno- detkane during' 114 meeting shouid the Recorders Office at 217.EastCenter Sneed, %Aced, Utah sg; or phone (. 259-5121At least 40 three (s).Working idg s, pflor to1he. meeting ist Rla&el Ellisanl ity RecorderfAssie- iluitUcy Manager PurdIsiipd krt TF1a • trries4Indepen Nice , illitedirArigkist1'2 And 19, 2010. • G y8 Proof of Publication STATE OF UTAH, County of Grand, } SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance #2010-13 & #2010-15 Hearing 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 August 12, 2010 ; and the last on August 19, 2010 ; 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 newspa- per proper and not in a supplement thereof. rim � i Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires SADIE WARNER Notary Public State of Utah My Commission Expires on: November 7, 2013 Comm. Number. 581356 {#iTY OF HOAG PLANNING COMPatSSION PlleMiktEMING PROPO ED ORDINANCE 'I043 T.he Oity of Moab Miming Carnrals- .Sion %III tiokd a Pupklo Wearing or ThurAder: got° *up:, „ pnotimatery 77oo.r;m; inlhe Council Chaim ' tors Of:thetribab.CEt;r Orflipssat 217 Elgst Center' Strom Moab, r Utah. i Itte:purl:Eoee& this Public Mewing is • to solicit pubilellripLA on proposed (F mince. Evi o-iia: Art Ordinance Amending ~tileo y Of kab g i7:09 and 17,10 bjr Amendinwthe r41.11"n er r And Types,of1i'3as AndProviding.Galdli• PLI tons.and Stan s: 4 forSpectfEoCondi tonal lases. �a The l '3J ordirranbe is available � ' Ifer public view et the Moab OIty Planning E E .01:11ce•Imited at 20 EEagtuerirbostniet. 104ionFifie.website • at�5 4irhoebei[+,r.oro, �s { Proof of Publication STATE OF UTAH, County of Grand, } } SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance 2010-13 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 June 24, 2010 ; and the last on July 1, 2010 ; 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 newspa- per proper and not in a supplement thereof. u liti sher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires SADIE° WARNER Notary Public Stole of Utah My Commission Expires on: November 7, 2013 Comm. Number 581356