HomeMy Public PortalAboutORD-CC-2011-01ORDINANCE #2011-01
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00,
ZONING, AND SPECIFICALLY AMENDING CHAPTERS 17.06,17.09, AND 17.45 WITH THE
ADDITION OF OTHER PUBLIC FACILITIES IN THE R-2 ZONE
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 determined that there is a need to amend the Code in order to
make the text more contemporary, align the language with Utah State Code, and provide for a use that was
not anticipated at the time of adoption; and
WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public
hearing held on January 13, 2011, met to hear testimony and determine the merits of the changes to Title
17.00 of the Moab Municipal Code; and
WHEREAS, the Commission found that the proposed changes to Title 17.00, Zoning, would benefit the
Planning Commission, City Council, and Appeals Authority as well as the residents of Moab City; and
WHEREAS the Commission unanimously voted to recommend that Council adopt the amended
language and that adoption of Ordinance #2011-01 is in the best interests of the citizens of Moab; and,
WHEREAS, Council reviewed Ordinance #2011-01 in a duly advertised public hearing held on March
22, 2011, to hear and decide the merits of the proposed changes to Title 17.00 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 #2011-01 is hereby
adopted to amend the Municipal Code with the following text:
Chapter 17.06, Definitions, shall be amended with the following definition:
"Other public facilities include, but are not limited to, governmental functions such as libraries,
museums, parks, playgrounds, recreational centers, police, fire, or utilities facilities, that are public owned
or operated or under public control and jurisdiction, and subject to the provisions of this code. "
AND, FURTHERMORE, the Table of Conditional Uses in Chapter 17.09.530, shall be amended to
show the addition of a new Conditional Use in the R-2 Zoning District named "Other Public Facilities":
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.
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
5
SAR
MA/RV
FC-
1
RC
I
Residential uses
Dwellings(/)
C
Historic Residential
Uses (2)
C
Secondary dwelling
Unit (3)
CC
C
C
Multi -family dwellings
of 7 or more units (4)
C
C
Group Home (5)
CCCCC
C
Public services
Utility provider
structures and
buildings (61
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 (il)
C
C
C
RV /travel trailer park
( / 0)
C
C
RV area within a
mobile home park (11)
C
Golf Courses (12)
C
C
RV court 1131
C
C
Outfitters and guide
services(14)
C
Outdoor recreational
uses, commercial (15)
C
Industrial Uses
Self storage warehouse
(/6)
C
Asphalikoncrete
hatching plant.
permanent (17)
C
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
5
SAR
MH/RV
FC-
1
RC
I
Asphalt or Concrete
Batching Plant,
Temporary (18)
C
C
Wireless
telecommunication
facilities (19)
C
C
Commercial Uses
Drive-thru Windows
(20)
C
Ordinance #2011-01
Page 2 of 4
Large commercial and
home-hascd day -cart:
centers(2l
CCCC
C
C
Sales of Manufactured
Homes (22)
C
Land Use
Division of small Lots
(2 )
CC
C
C
C
C
C
C
CC
C
C
Moved buildings (24)
CCCCC
C
C
C
CC
C
C
Personal Service Uses
Cemeteries, public or
private (25)
C
C
Animal pound or
kennel (private) tzk;,
C
C
C
Veterinary clinic (27)
C
Educational, Institutional and Civic
Uses
Schools, churches.
monasteries, etc (2P)
CCCCC
CC
f
Other Public
Facilities, (29)
C
AND, Chapter 17.09.530, is further amended with the following specific conditions of approval for the
use "Other Public Facilities" as required by state law.
(29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after
approval of a conditional use permit. The standards that shall apply during the review by the planning
commission and the city council shall include:
1. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the
use as well as required landscaping, off-street parking, and trails;
2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on
surrounding residential uses;
3. 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;
4. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
5.Outside storage of equipment, materials, and supplies shall be contained and located within a building
or a sight obscuring fence;
b. The use shall demonstrate that there is a benefit to the neighborhood or community;
7. Traffic from the proposed use shall not create a significant negative impact on the neighborhood.
AND, 17.45.020, Use requirements, for the R-2 Zone shall be amended with the addition of an Item K,
Other Government Facilities, as allowed under an approved conditional use permit, and read:
Conditional Uses.
K. Other public facilities are allowed when an approved conditional use permit has been
granted by the City as required under Chapter 17.09.530.
Ordinance #2011-01 Page 3 of 4
IN EFFECT IMMEDIATELY UPON PASSAGE.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on March 22, 2011.
SIGNED:
David L."Sakrison, Mayor
7ST:
Rachel Ellison, Recorder
Ordinance #2011-01 Page 4 of 4