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HomeMy Public PortalAboutORD-CC-2011-07ORDINANCE #2011-07 AN ORDINANCE AMENDING PORTIONS OF CHAPTERS 16.04. DEFINITIONS, AND 17.06, DEFINITIONS, AND ADDING NEW LANGUAGE FOR TERMS A THROUGH E WHEREAS, the Moab City Council ("Council") adopted Title 17.00.00, Zoning, also known as "The Zoning Ordinance of Moab City, Utah" on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and WHEREAS, Council also adopted Title 16, Subdivisions, in an effort to further allow safe, logical, and publically acceptable development within the Moab City Limits; and WHEREAS, the City, from time to time, has found it necessary and desirable to amend the regulations and requirements of Titles 16, and 17 to remain current with changing elements of society and contemporary planning and development patterns; and WHEREAS, numerous definitions currently found in Titles 16 and 17, have been determined by the Planning Commission ("Commission") to not reflect clear meaning of the terms as used today; and WHEREAS, it is in the best interests of the citizens, city staff, the Commission and Council to have an organized code that is easier to read and understand; and WHEREAS, it is desirable to consolidate the definitions and various code sections into a uniform development code; and WHEREAS, the City of Moab Planning Commission held a duly advertised public hearing on April 14, 2011, to hear and consider testimony in support and opposition of amending the text of the Code to establish more adequate definitions based on current meanings of specific terms; and WHEREAS, the Planning Commission, after consideration and review of the public comments, favorably recommend that Council approve Ordinance #2011-07and WHEREAS, Council, in a regularly scheduled open meeting on April 26, 2011, considered the public testimony and the recommendations of the Planning Commission and City Staff in reviewing the proposed code amendment; and WHEREAS, Council has determined that it is in the interests of the city to update the definitions to provide contemporary meanings and descriptions of terms used in the code. NOW, THEREFORE, Code Section 16.04, Definitions from A through E is also repealed and replaced with the following language: "Refer to Section 17.06, Definitions, for terms beginning with the letters A through E." Ordinance #2011-07 Page 1 of 9 AND FURTHERMORE, the Moab City Council hereby amends Chapters 17.06, by repealing the definitions A through F, and replacing the definitions with the following: Accessory use or structure: A use or structure located on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building. Examples include, but are not limited to, garages, arbors, carports, and storage sheds Acre, gross: A measure of land containing 43,560 square feet Acre, net: A gross acre excluding public rights of way Agriculture: The growing of soil crops in the customary manner in the open. It shall not include livestock - raising activities, nor shall it include retailing of products on the premises Agricultural Industry or Business: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. Alley: A public access -way not less than twenty (20) feet in width and not greater than twenty-six (26) feet in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this ordinance. Animals, livestock: May include horses, cows, sheep, and goats and excludes pigs and exotic animals. Antenna: A transmitting or receiving device used in telecommunications that radiates or captures radio frequency waves or signals and includes, but is not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omni-directional antennas, such as whip antennas Applicant: A person who submits an application for development to the City of Moab. Architectural Projection: Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but does not include signs Automatic Car Wash: A facility for automatic or self- service washing and cleaning of automobiles and small trucks not exceeding one and one-half (1 112) tons capacity Automobile Sales Area: An open area used for display, sale, or rental of new or used motor vehicles, recreational coaches, or recreation vehicles in operable condition Automobile Service Station: A place where lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair and are not kept overnight Basement: A story whose floor is more than twelve (12) inches below the average level of the adjoining ground, but where no more than one-half (112) of its floor -to -ceiling height is above the average contract level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half -story for the purpose of side -yard determination Basement House: A residential structure without a full story structure above grade Ordinance #2011-07 Page 2 of 9 Bed and breakfast: A residence containing not more than two kitchens where, for compensation, overnight accommodations and meals are provided, and where retail sales to bed and breakfast patrons are made Beginning of Construction: The placing of concrete footings for a building or structure Benchmark: A mark affixed to a permanent or semi -permanent object along a line of survey to furnish a datum level Block: An area enclosed by streets and occupied by or intended for buildings; or if such word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets that intersect such street Block frontage: All properties fronting on one (I) side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts Boarding house, lodging house: A building containing not more than one kitchen, where for compensation, meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis as distinguished from a motel, cafe or rooming house. Body and Fender Shop: A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding. Building: Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. "Building" includes yurts, removable sheds, and similar uses, but does not include signs or fences. Building height: The vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof. IBC 'The vertical distance from grade plane to the average height of the highest roof surface Building, main: One or more of the principal buildings upon a lot. Buildable Area: The area of a lot remaining after the minimum yard and open space requirements of the applicable zone have been met. Building setback: A line within a lot or other parcel of land, so designated on the plat of the proposed subdivision, between which line the adjacent boundary of the street upon which the lot abuts, the erection of an enclosed structure or portion thereof is prohibited. Building official/Inspector: The building inspector charged with the responsibility of issuing permits and enforcing on behalf of the city the currently adopted city construction codes, or other building code adopted by the city, and land use code, including any amendments, or that person's designee. Building permit: A permit issued by the building official, after approval of a zoning development permit, that allows a developer or property owner to erect, construct, reconstruct, grade, excavate for a foundation, alter or change the use of a building or other structure or improvements of land. Campground: A public area designated by a public agency for camping, or a private area licensed by the City of Moab for camping. Camping: A temporary establishment of living facilities such as tents or recreational coaches as regulated by this Code. Ordinance #2011-07 Page 3 of 9 Carport: A structure for the shelter of vehicles open on a minimum of two sides. Requires a building permit. Carport, permanent: A structure that may or may not be attached to a home or other main building that has an approved foundation. Carport, Temporary: A structure that may or may not be attached to a home or other main building that does not have an approved foundation but is anchored securely and covered with a tarp or other cloth material. Caretaker or guard residence: Dwelling facilities located on a premise occupied by a permitted main use for the housing of persons and their families who are employed on the premises as guards, caretakers or in similar custodial capacity. Certificate of occupancy: An official certificate issued by the city through the enforcing official that indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued. Character: Special characteristics of a structure or area that set it apart from surrounding development and that contribute to its interest or individuality. Examples include a grid pattern for residential neighborhoods, tree -lined avenues with alleys for rear parking access and trash collection; a business district with uniformity in building scale, materials, architectural elements, setbacks, street furniture, and sign design; a waterfront walkway with historic elements, fountains, public art, design coordinated furniture, light standards, and trash receptacles. Buildings may exhibit character in density, height, coverage, setback, massing, the placement and design of windows in walls {fenestration}, materials, scale of materials, and the use of architectural elements Child care center: A child care facility licensed by the State of Utah and in compliance with state rules and regulations as established by state law. Church or place of worship: A site used primarily or exclusively for religious worship and related religious services operated by a bona fide religious group for religious activities. City Council: The legislative body of the City of Moab. Club, Social: Any organization, group, or association supported by its members where the sole purpose is to render a service to said members and their guests. City Manager: The chief administrative officer of the city. City: The City of Moab, Utah. City planner: An administrative officer designated by the City Manager and charged with the responsibilities of planning, leading, analyzing, preparing, negotiating, and commenting on the process of development applications and presenting staff review of applications to decision making boards. The City Planner is responsible for the daily administration of the Land Use Code and General Plan and leads and participates in complex current to long range planning assignments. Clinic, medical: An ambulatory health care facility in which outpatient treatment is provided by physicians, dentists, other medical personnel, psychologists, or social workers and where examination and treatment require a stay of less than twelve hours Clinic, veterinary: A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. Ordinance #2011-07 Page 4 of 9 Collector street: A street that carries traffic from minor streets to the major street system, including the principal entrance streets of residential development and the primary circulation streets within such a development. Commercial development: Includes, but is not limited to, expansion or construction of office, retail, wholesale, warehouse, manufacture, commercial recreation, restaurant/bar and/or service commercial operations by the addition of square footage. Commercial use: Activity involving the sale of goods or services carried out for profit. Commercial wireless telecommunication services: Licensed commercial wireless telecommunication services including cellular, personal communication services ("PCS"), specialized mobilized radio ("SMR"), enhanced specialized mobilized radio ("ESMR"), paging, and similar services that are marketed to the general public. Common area: An area designed to serve two or more dwelling units or separate uses with convenient access to the area. Common element: In a condominium or cooperative, all portions of the condominium other than the units. Common open space: A parcel of usable land, area of water, or a combination of land and water within the site designated for a planned unit development designated and intended primarily for the use or enjoyment of residents, occupants and owners of the planned unit development. "Common open space" may include, but is not limited to, areas devoted to recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets, parking and loading areas. Community center: A building and grounds owned and operated by a governmental body or homeowners' association, for the social, recreational health or welfare of the community served. Compatible design: The visual relationship between adjacent and nearby buildings and the immediate streetscape in terms of a consistency of materials, colors, building elements, building mass, and other constructed elements of the urban environment, such that abrupt or severe differences are avoided. Also means consistent with, harmonious with, similar to and/or enhancing the mixture of uses, site placement and/or complimentary architectural styles, either of an individual structure or the character of the surrounding structures. Compatible Land Use: A use of land and/or buildings that, in terms of development density, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings Complete Application. An application shall not be considered complete unless and until: (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the city department or official specified in this code; and (2) the City Planner or a duly -appointed representative, has certified the application as "complete." The decision of the City Planner with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government, but does not include building permit applications. Comprehensive plan: The plan of the city and adjoining areas adopted by the planning commission and city council, including all of its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements. A coordinated plan, which has been prepared and adopted for Ordinance #2011-07 Page 5 of 9 the purpose of guiding development, including but not limited to a plan or plans of land use, circulation, housing, and public facilities and grounds. Conditional use: A use which requires approval of the land use authority before the Zoning Administrator may issue a permit. Uses that require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the zoning districts; a use for which a conditional use permit is required by this title. Context: The block face in which an affected property is located. Convalescent Home: See "Rest home." Coop, chicken: A structure for housing poultry that provides shelter from the elements, rodents, hungry predators, theft, and injury and that consists of at least four square feet of habitable area per laying hen. Coops may have an open front or may be draft free with ventilation openings such as windows. Also includes coop, henhouse, hen coop. Cooperative: A common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association an exclusive possession of a unit. Corral: A space, other than a building, less than one (1) acre in area, or less than one hundred (100) feet in width, used for the confinement of animals or fowl. Council: The city council of the City of Moab, Utah. Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings. Court apartment (dwelling group): One or more dwellings (other than mobile home parks), arranged around two or three sides of a court which opens onto a street, may include single-family, two-family or multiple -family dwellings. Crosswalk: Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other surface markings or by a change in surface material. Cul-de-sac: A minor street having one open end and being terminated at the other by a vehicular turnaround. Specific standards can be found in the construction design standards for public improvements. Curb cut: An access cut in the curb line for the passage of vehicles. Curb cuts for sidewalks at intersections or mid -street crossings are necessary to provide a ramped area that allows easy passage in compliance with ADA requirements. Custom personal service: Includes a barber shop, beauty shop, tailor, dressmaker, shoe shop or similar shop offering custom service. Cut: Land surface that is reshaped by human activity through the removal of soil, rock, or other materials. Customary household pets: A domesticated animal that is commonly kept as a household pet, such as a cat, dog, gerbil, hamster, caged birds that are not unreasonably noisy, fish in tanks, or contained reptiles such as lizards and non-poisonous snakes. Other animals, such as horses, pigs, sheep, and goats are considered farm animals. Monkeys are not considered household pets. Cut area: Any area where the existing grade is lowered Ordinance #2011-07 Page 6 of 9 Density: The number of families, individuals, dwelling units, household units, or housing structures per unit of land. Developer: Any public or private person, partnership, association or agency that prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, during which preparation of the land or the creation of the building space is in itself a business and is not incidental to another business or activity. Development Application: An application for a preliminary or final plat for a subdivision, a planned unit development, or any other similar land use designation that is used in this code. These include applications for zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, but does not include building permit applications. Development parcel: Any quantity of land described with a definite location and specific boundaries that is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Development Permit: See Zoning development permit. Development: The physical extension and/or construction of urban land uses. Development activities include: subdivision of land; change in the intensity of use of land; construction, reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other facilities; commencement of drilling (except for a well or to obtain soil samples), mining, or excavation; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetation cover. District: A part, zone, or geographic area within the City of Moab to which certain zoning or developmental regulations apply. Also includes "zone", and "zoning district'. Drive-in use: An establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their vehicles. Driveway: A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located. Dwelling: A structure or portion of a structure that is designed, occupied or intended to be occupied as living quarters and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints. Apartment house (multi -family dwelling): Any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking within the premises. Court apartment (dwelling group): One or more dwellings (other than mobile home parks), arranged around two or three sides of a court which opens onto a street, may include single-family, two- family or multiple -family dwellings. Condominium: A legal form of ownership of real estate and not a specific building style. The purchaser has title to the interior space in the building and an undivided interest in parts of the interior, the exterior, and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction. Ordinance #2011-07 Page 7 of 9 Duplex dwelling: A structure under single ownership and containing two residential dwelling units, other than manufactured homes, within a single building and under a single roof each of which is designed for or occupied by one family. Manufactured home dwelling: A HUD, UBC, or IRC Standard approved structure designed to be transported after fabrication and equal to or exceeding fourteen feet in width and seven hundred square feet in area, excluding towing gear and bumpers. Such a structure is suitable for human habitation on a year-round basis when equipped with required plumbing, heating and electrical facilities. Manufactured homes may or may not have integral chassis or permanent hitches to allow future movement. The space and width requirements of this definition shall not apply to any manufactured home located within a previously existing manufactured home park. Multi -family dwelling: Three or more residential dwelling units within a single building and under a single roof, including apartments, townhouses and attached condominiums. Any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking within the premises. Secondary dwelling unit (SDU): A dwelling unit either attached to a single-family principal dwelling or located on the same lot and having an independent means of access. Such units shall be allowed in accordance with Section 17.69 of this code. Single-family dwelling: A free-standing residential building providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Townhouse ("townhome"): A form of multi -unit housing constructed as a single structure or group of structures in which the owner owns the described area of land in the unit and also owns the land on which the unit is located. Dwelling, Unit: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. Easement: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots. Encroachment: The authorized or unauthorized placement of a structure or part of a structure upon the land or easement of another or a public right-of-way. Engineer: A person duly authorized under applicable provisions of Utah State Code to practice the profession of engineering. Environmental analysis statement: A statement prepared by an engineer, geologist, or other person qualified by training or experience, as determined by the planning commission, which indicates or describes the impact that the development will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions with respect to: a. Control of erosion within the area to be developed; b. Reseeding of cuts and fills; c. Provision for potable water; d. Disposition of any geological hazards or soil conditions which may cause injury or damage to improvements which may be constructed in the development, such as buildings, water and sewer lines and streets; e. Provisions for the proper disposal of solid and liquid wastes that will likely come from the occupants of the development when it is fully developed; f. Prevention of the destruction of vegetation or else the establishing of new vegetation; g. Prevention of the accumulation of weeds and debris; h. Disposal of surface water and disposition of flood hazards. Ordinance #2011-07 Page 8 of 9 Essential services: The development or maintenance of public utilities or city -approved underground, surface or overhead gas, electrical, telephone, steam: fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers_ pipes_ conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, and sewage pump stations. Excavation: Any disturbance to the ground, including but not limited to soil removal, clearing, grubbing, rock removal, cutting, tunneling, drilling, or any other activity which alters the natural ground. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 26, 2011. SIGNED: r� David L. Sakrison, Mayor ATTEST: Rachel Ellison, City Recorder Ordinance #2011-07 Page 9 of 9