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NOW, THEREFORE, Code Section 16.04, Definitions from A through E is also repealed and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."
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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