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HomeMy Public PortalAboutORD-CC-2011-09ORDINANCE #2011-09 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.09 BY AMENDING THE NUMBER AND TYPES OF 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, subsequent to the adoption of Ordinance #2010-13, a conflict was identified regarding the types of conditional uses and uses by right in the Resort Commercial Zone; WHEREAS, Ordinance #2011- 09 has been drafted to correct the conflict; and WHEREAS, the City of Moab Planning Commission ("Commission") met in a duly advertised public hearing held on July 14, 2011, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would eliminate the conflict between types of uses in the RC Zone; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the City of Moab; and, WHEREAS, Council reviewed Ordinance #2011-09 in a regularly scheduled public meeting held on July 26, 2011, to hear and decide the merits of the proposed change to Chapter 17.09.530, 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 #2011-09 that amends the table in Section 17.09.530 (b) by removing the conditional use designation for the use of RV/Travel Trailer Park in the RC Zone and repeals items 14, Outfitters guide services and facilities, and 15, Outdoor recreational uses, commercial, removing them from Code Section 17.09.530 (b), "Conditional Use Matrix", and removing them from the text of Code Section 17.09.531, "Conditions for approval of specific conditional uses" as shown below: (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. CONDMONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR MI3/RV FC- 1 RC I Residential uses Dwellings(/) C Historic Residential Uses (21 C Secondary dwelling Unit (3) CCCC Multi -family dwellings or 7 or more units (4) C C Group Home (5) C C C CC C Public services Utility provider structures and buildings (6) CCCC C C C CC C ARrieultural uses Premises agricultural occupations (specifically retail with feed. seed. fertilizer, equipment and similar items) (7) C C Transportation -related uses Storage or Trucking CompanyfTerminal (8) C C Recreational and Entertainment Uses B&B /rooming or hoarding house (9) C C C RV /travel trailer park (/0) C RV area within a mobile home park (11) C Golf Courses (12) C C RV court (13) C C Industrial Uses Sell. storage warehouse (14) C Asphalt/concrete hatching plait. permanent (151 C Asphalt or Concrete Batching Plant, Temporary (!fi) C C Wireless telecommunication facilities (/7) C C Commercial Uses Drive-thru Windows (181 C Large commercial and home -based day-care centersll9) C C CC C C C Sales of Manufactured Homes (20) C Land Use Division of small Lots (21) C C C CC C C C CC C C Moved buildings (22) C C C CC C C CC C C C Page 2 Of 3 Ordinance #2011-09 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 MR/RV FC- 1 RC I Personal Service Uses Cemeteries. public or private (231 C C Animal pound or kennel (private) (24) C C C C Veterinary clinic (25) C Institutional Schools, churches, monasteries, etc. (26) CC CCC C (.. ( C AND Removes the following language from 17.09.53, Conditions for approval of specific conditional uses: (Id) 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. S. Hours of operation shall be established by resolution of the Planning Commission (15) Outdoor recreational uses, commercial. l , 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 PASSED AND APPROVED in open session by a majority vote of the Governing Body of Moab City Co cil on July 26, 2011. SIGNE Lj David L. Sakrisot, ayor Rachel Ellison, Recorder Page 3 of 3 Ordinance #2011-09