HomeMy Public PortalAboutORD-CC-2010-14ORDINANCE #2010-14
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, WITH THE
ADDITION OF SECTION 17.09.560, ACCESSORY USE OR STRUCTURE
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 in an effort to
modernize the language and provide clarity so that the Code is more easily understood; and
WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public
hearing held on August 26, 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 #2010-14 in a regularly scheduled public meeting held on
November 9, 2010, to hear and decide the merits of the proposed change to Chapter 17.09, Supplementary
Requirements and Procedures Applicable Within Zones, 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 ordains that Ordinance #2010-14 is adopted to
amend Chapter 17.09.560 of the Moab Municipal Code to read:
17.09.560 Accessory Use or Structure.
A. Accessory uses or structures as defined in Chapter 17.07.020 may be permitted subject to the
following conditions:
1. Such accessory uses shall be limited to those customarily associated with and appropriate,
incidental and subordinate to the principal use,
2. Such accessory uses shall be located on the same lot or tract as the associated principal use.
3. Detached garages and attached carports located in the front yard setback, shall be controlled in
the same manner as the associated principal use, except as otherwise expressly provided in this
code. Carports located in the rear one-half of the building lot and all non -garage accessory
structures shall be required to have a minimum 2: l2 roof pitch.
4. Such accessory uses shall not be located on the lot so that storm water drainage is allowed to
drain directly onto neighboring private property or public property including easements, alleys,
and rights -of -way.
Page 2 of 7
o
5. In no event shall an accessory use be construed to authorize a use not otherwise permitted in
the zone district in which the principal use is located, and in no event shall an accessory use or
structure be established prior to the principal use or structure to which it is accessory.
6. DimensionaI requirements for accessory structures in the RA-1, A-2, C-1, C-2, C-4, C-5, R-1,
R-2, R-3, R-4, and MH/RV-1 zone districts:
a. In no case shall a single accessory structure or in the case of multiple structures, shall
an area in excess of 25% of any rear [or side] yard of a principal structure be utilized.
b. The maximum height of accessory structures shall not exceed 20 feet or the height of
the principal structure, whichever is less; provided, however, that carports may not
exceed a height of 16 feet or be equal to the height of a single story principal structure if
located in the front yard and attached to the principal residential structure.
7. Accessory structures exceeding the dimensional requirements listed in subsection (e) of this
section may be approved through a conditional use permit as established in Chapter 17.09.530.
8. In no case shall an accessory structure or use be constructed or established prior to the principal
use.
9. Carports with three sides open may be constructed in conjunction with an allowed residential
structure to within ten (10) feet of the front property line. However, no carport shall be
constructed to encroach over any recorded easement, public right-of-way or other private
property. If a property owner desires to construct a carport closer than ten feet to the front
property line a variance is required from the Appeals Authority as per Chapter 17.72 of this code.
10. An accessory carport that is attached to the principal structure may be allowed to extend into
the front yard setback when all of the following standards can be met:
a. The carport roof must be constructed in such a manner to appear as a part of the
original construction of the principal structure.
b. The materials used in construction of the accessory use are compatible with the
materials used in the principal use.
c. The carport meets side yard setback standards for the underlying zone.
d. The carport does not extend into or over any easement or any city right-of-way.
e. The carport roof slope shall comply with the requirements of garages in Section (c)
above, and have no less than a 4:12 pitch or match the roof pitch of the existing principal
structure. A carport in conjunction with a Southwestern style house shall have no less
than a 2:12 roof pitch.
f. Staff is authorized to review the proposal for compliance with the above standards and
approve the building materials for the project.
g. All attached carports shall meet the requirements of the adopted building codes of the
city.
1 1. Residential front porches attached to the principal use and having three sides open may be
constructed in conjunction with an allowed residential structure to extend a distance of ten (10)
feet into the front yard setback. However, in no case shall a residential porch extend to less than
five (5) feet from a street right-of-way or be constructed on or encroach over any recorded
easement, public right-of-way or other private property. Such porches shall not be converted to
living space or be enclosed with solid walls.
Ordinance #2010-14
Page 3 of 7
(B) Setbacks. Detached accessory buildings shall be constructed to the established setbacks as
illustrated in the following table.
Setbacks for Accessory Structures*
Detached accessory structures
Attached accessory structures
Side Yard
More than 5 feet
Must meet the established setbacks for the principal structure
if located within I2 feet of the principal structure.
Rear Yard
More than 5 feet
From other
accessory structures
on the same
property
10 feet
Corner Iot (side
street)
10 feet
s measured from any side lot line, alley right of -way or easement line.
AND FURTHERMORE, Council amends the following Code chapters to read as noted below:
17.18.050 LOCATION REQUIREMENTS, SUBSECTION B AND C THAT READS,
B. Side Setback. All dwellings shall be set back from the side property line a
distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-
four feet. The minimum side setback for accessory buildings shall be the same as for main
buildings, except that a three-foot side setback shall be required for accessory buildings which
are located more than one hundred feet from the front lot line and at least twelve feet in the rear
of any dwelling. On comer lots, the side setback from any street shall not be less than twenty-
five feet for both main and accessory buildings.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set
back from the rear property line a distance of at least twenty-five feet. Accessory buildings on
interior lots shall be set back not less than ten feet from the rear property line, except that no rear
setback shall be required for comer lots, all dwellings and other main buildings shall be set back
from the rear property line a distance of at least twenty-five feet, except that for dwellings having
an attached garage or carport, the setback shall not be less than twenty feet. Accessory buildings
on comer lots shall be set back from the rear property line a distance of not less than ten feet."
SHALL NOW READ:
17.18.050 Location requirements.
B. Side Setback. All dwellings shall be set back from the side property line a distance of at
least ten feet and the total distance of the two side setbacks shall be at Ieast twenty-four feet. On corner
lots, the side setback from any street shall not be less than twenty-five feet for the main building.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back
from the rear property line a distance of at least twenty-five feet. When located on a corner lot, all
dwellings and other main buildings shall be set back from the rear property line a distance of at least
twenty (20) feet.
D. The minimum side setback for accessory buildings on interior and corner lots is listed in
Code Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet
to the rear of any dwelling.
Ordinance 02010-14
Page 4 of 7
AND THAT, CHAPTER 17.42.050 LOCATION REQUIREMENTS, SUBSECTION B AND C
THAT READS,
"B. Side Setback. A11 dwellings shall be set back from the side property line a
distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-
four feet. The minimum side setback for accessory buildings shall be the same as for main
buildings, except that a three-foot side setback shall be required for accessory buildings which
are located more than one hundred feet from the front lot line and at least twelve feet in the rear
of any dwelling. On corner lots, the side setback from any street shall not be less than twenty feet
from both main and accessory buildings.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set
back from the rear property line a distance of at least fifteen feet. Accessory buildings on interior
lots shall be set back not less than ten feet from the rear property line, except that no rear setback
shall be required for accessory buildings having fire -resistive walls of two hours or more. For
corner lots, all dwellings and other main buildings shall be set back from the rear property line a
distance of at least twenty-five feet, except that for dwellings having an attached garage or
carport the setback shall not be less than twenty feet. Accessory buildings on corner lots shall be
set back from the rear property line a distance of not less than three feet. "
SHALL NOW READ:
17.42.050 Location requirements.
B. Side Setback. All dwellings shall be set back from the side property line a distance of at Ieast ten
feet and the total distance of the two side setbacks shall be at least twenty-four feet. On comer lots, the
side setback from any street shall not be less than twenty feet from the property line.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from the
rear property line a distance of at least fifteen feet. For corner lots, all dwellings and other main buildings
shall be set back from the rear property line a distance of at least twenty (20) feet.
D. The minimum side setback for accessory buildings on interior and comer lots is listed in Code
Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet to
the rear of any dwelling.
AND, THAT, CHAPTER 17.45.050 LOCATION REQUIREMENTS, SUBSECTION B AND C
THAT READS,
17.45.050 Location requirements.
"B. Side Setback. The minimum side setback for any dwelling or any other main
building shall be eight feet; provided, that the minimum distance between dwellings located on
the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall
be not less than one-third of the frontage of the dwelling or other main building. On corner lots,
the side yard which faces on a street shall be not less than twenty feet for both main and
accessory buildings.
Ordinance #2010-14
Page 5 of 7
C. The minimum rear setback for any main building shall be fifteen feet. "
SHALL NOW READ:
17.45.050 Location requirements.
B. Side Setback. The minimum side setback for any dwelling or any other main building
shall be eight feet; provided, that the minimum distance between dwellings located on the same or
adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-
third of the frontage of the dwelling or other main building. On corner lots, the side yard which faces on a
street shall be not less than twenty feet.
C. Rear setback. The minimum rear setback for any main building shall be fifteen feet.
D. The minimum side setback for accessory buildings on interior and corner lots is listed in
Code Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet
to the rear of any dwelling.
AND THAT, CHAPTER 17.48.050 LOCATION REQUIREMENTS, SUBSECTION B AND C
THAT READS,
"B. Side Setback. The minimum side setback for any dwelling or any other main
building shall be eight feet; provided, that the minimum distance between dwellings located on
the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall
be not less than one-third of the frontage of the dwelling or other main building. On corner Iots,
the side yard which faces on a street shall be not less than twenty feet for both main and
accessory buildings.
C. Rear Setback. The minimum rear setback for any main building shall be fifteen
feet."
SHALL NOW READ:
17.48.050 Location requirements.
B. Side Setback. The minimum side setback for any dwelling or any other main building
shall be eight feet; provided, that the minimum distance between dwellings located on the same or
adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-
third of the frontage of the dwelling or other main building. On corner lots, the side yard that faces on a
street shall be not less than twenty feet.
C. Rear Setback. The minimum rear setback for any main building shall be fifteen feet.
D. The minimum side setback for accessory buildings on interior and corner lots is listed in
Code Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet
to the rear of any dwelling.
Ordinance #2010-14
Page 6 of 7
AND THAT, CHAPTER 17.51.050 LOCATION REQUIREMENTS, SUBSECTION B AND C
THAT READS,
"B. Side Setback. The minimum side setback for any dwelling or any other main
building shall be eight feet; provided that the minimum distance between dwellings located on
the same or adjoining lots shall be sixteen feet and the total width of the two side yards shall be
not less than one-third of the frontage of the dwelling or other main building. On corner lots, the
side yard which faces on a street shall be not less than fifteen feet for both main and accessory
buildings.
C. Rear Setback. The minimum rear setback for any main building shall be ten feet.
On comer lots, the rear setback shall be not less than eight feet."
SHALL NOW READ:
B. Side Setback. The minimum side setback for any dwelling or any other main building
shall be eight feet; provided, that the minimum distance between dwellings located on the same or
adjoining lots shall be sixteen feet and the total width of the two side yards shall be not less than one-third
of the frontage of the dwelling or other main building. On corner lots, the side yard that faces on a street
shall be not less than fifteen feet.
C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On
corner lots, the rear setback shall be not less than eight feet.
D. The minimum side setback for accessory buildings on interior and corner lots is listed in
Code Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet
to the rear of any dwelling.
AND THAT, CHAPTER 17.54.050 LOCATION REQUIREMENTS, SUBSECTION B AND C
THAT READS,
B. Side Setback. All dwellings shall be set back from the side property line a
distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-
four feet. The minimum side setback for accessory buildings shall be the same as for main
building, except that a three-foot side setback shall be required for accessory buildings which are
located more than one hundred feet from the front lot line and at least twelve feet in the rear of
any dwelling. On corner lots, the side setback from any street shall not be less than twenty-five
feet for main and accessory buildings.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set
back from the rear property line a distance of at least twenty-five feet. Accessory buildings on
interior lots shall be set back not less than ten feet from the rear property line, except that no rear
setback shall be required for accessory buildings having fire -resistive walls of two hours or
more. For corner lots, all dwellings and other main buildings shall be set back from the rear
property line a distance of at least twenty (20) feet Accessory buildings on corner lots shall be
setback from the rear property line a distance of not less than ten feet."
Ordinance #2010-14
Page 7 of 7
SHALL NOW READ:
17.54.050 Location requirements.
B Side Setback. All dwellings shall be set back from the side property line a distance of at
least ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On corner
lots, the side setback from any street shall not be less than twenty-five feet for main buildings.
C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back
from the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings and other
main buildings shall be set back from the rear property line a distance of at least twenty (20) feet.
D. The minimum side setback for accessory buildings on interior and corner Iots is listed in
Code Chapter 17.09.560 Accessory Use or Structure and shall be located a distance of at least twelve feet
to the rear of any dwelling.
PASSED AND APPROVED in open Council by a majority vote of the Governing
Body of Moab City Council on November 9, 2010.
SIGNLdai
David L. Sakrison, Mayor
'7:_sa,,0 cskij,,,
Rachel Ellison. City Recorder
Ordinance #2010-14
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and Enforcement end. Itspecdaliy
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Board Of Adjustment, lo.Ali n The
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t tat kSt ate Code: and
Proposed OFdlnance40201.O
1•4 -An OrdlneneeuAreendfng.ifii3
Cftytar"Moab MunrcpeJ Code, with
tlie:Addition of aedtion 17,:0005eO,
Accessary Use df 1 'kructurer, arid.
Proposed Ordira oe 0 u-
Pr1 - Art.Ordinance To AdoprtThe
2009 Irrternetionel 1au115fftig Code
F lusApperidices O. And. di 2009
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lel• Rachel 1ElifsQn
City RecorderfAesIStzuteity
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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
Ordinances #2010-06, #2010-14, and #2010-21
which is made a part of this Affidavit of Publication, was
published in said newspaper for a period of 2 consecu-
tive issues, the first publication date having been made
October 14, 2010
; and the last on October 21, 2010
; 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.
ublisher
Subscribed and sworn before me this
9-eAr/e-i
Notary Public
Residing in Moab, Utah
My Commission Expires
SADIE WARNER
Notary Public Slate of Utah
My Commission Expires on;
November 7, 2013
Comm. Number 581356
trrYtI AOAB)
ORDINANCE #201:0-, 010=
14, #2<010-21',42010.8 end
#2010.24
ORDINANCE 201:0 461 r
-.AN ORDINANCE AMEND.,
ING THE .CITY OF MOAB
MUNICIPAL CODE, ORAPTER,
17.7 ,ADMINIETRATIONANO
ENFORCEMENT AND ESPE-
CIALLY CHAPTERS 17 72.100
THROUGH 17.72:24U, THAT
DEALS WITH THE LARD OF
ADJUSTNIENT, TALI N THE
MOAB MUNICIPAL GORE WITH
THE UTAH STATE:CODE; and
ORDINANCE Irloi'0--i.4 - AN
OIRDINANGIE AMENDING THE
CITS! OF MOAB MUNICIPAL
OODE. WITH THE,ADDITION OF a
SII;CTION 17.08,560;AOCE3SO I
RY USE OR. STRUCTURE; and:
ORRDINANOE 01:0-211 ANI
ORDINANOE'TO/A,DOPT THE
2609INTERNATIONAL a AID- '
;rNG CODE PLUS APPENDICES
GI and. , 2009 INTEIRNAI!IONAL
RESIDENTIAL COPE, grog
INiERNATIONAI! .MI£OHM[CAL
CODE, 2008 NATIOi L,ELEG-
. TRIBAL CODE, 20,79 INTEIRNA- w
TIONAL PIANISM CODE US
1' APPFN;DIX C, 2 INTERNA-
TIONAL FIJEL;.CzAS CODE, 2009 I�
IMTE=RNA'TIONAL EN> F.OY
CONSERVATION CODE, 2009 a
INTF.TINAT1ONAL PROPERTY
MAINTENANCE CODDE,. 2009
INTERNATIONAL FIRE CODE,
1997 UNIFORM GGDE FOR THE
ABATEMENT OF DANEIEROUS
BUILDINGS AND A1rt:7.1-2003;
and
zwaruNiaAin c.
0
Proof of Publication
STATE OF UTAH,
SS.
County of Grand,
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
Ordinances
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
December 9, 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 Pubt.c State of Utah
My Commissiol F.rpires on!
November 7, 2013
Comm. Number. 581356
MY OF ems`
PI��1�ti
PUBLIC HEARING
PROPOSED
oRPINaNCE 201,,M4
The arty of Mottbi
Plar`nIN Commie-
hvid P id
Filaeling on Thurs114p
August2e, 2010 efillrOtirrikrteiy.7100
p:rn_ inttkeelnoll
aharnbors: c-the
P;%61.,Pity.Offfces
etrntaitt3en6er
'Street, Moab, Utah.
the. putposecof
This-Pubi ffearirtg.
Hs. fo...Who: i .1*AM
Input% posed
Ordirienoe 2010-14;
an or lOunce amend-
ing. the; City of mmib
Nrol1ip o [ de, with
ttie.edditFon of sector
17,09;560, Aoceseory
Urea ohStfruoldre.
The proposed
.ordlneNti lleAvafleble
prob re.r vieviet the
[obab,Cfly Pranntng
OfftOeloccated at217
E,estkeenter Street
anOtifilitO Welhlite0
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Proof of Publication
STATE OF UTAH,
55.
County of Grand,
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 2010-14 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.
Publisher
Subscribed and sworn before me this
,t,
Notary Public
Residing in Moab, Utah
My Commission Expires
SADIE WARNER
Notary Public Slate of Utah
My Commission Expires on:
November 7, 2013
Comm. Number: 581356