HomeMy Public PortalAboutORD-CC-2012-02ORDINANCE #2012-02
AN ORDINANCE TO AMEND TITLE 17.21 OF THE MOAB LAND USE CODE, BY ADDING
CLARITY TO CHAPTER 17.24030 FOR RESIDENTIAL USES IN THE C-2 RESIDENTIAL -
COMMERCIAL ZONE AND PROVIDE FOR A LOT COVERAGE EXCEPTION FOR EMERGENCY
AND OTHER TYPES OF HOUSING
WHEREAS, the City of Moab ("Cityladopted Chapter 17, Zoning, of the Moab Municipal Code
("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare
of the present and future inhabitants of the city by guiding development within the City of Moab in
accordance with the General Plan; and,
WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that
specific area, width and location requirements for residential uses of the R-3 zone as well as
emergency and transitional housing services provided by governmental entities were lacking in detail;
and
WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council')
said amendment to code chapters 17.21.030 Area, width and location requirements, for the C-2
Residential -Commercial Zone; and,
WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on January 12,
2012, to hear and decide the merits of said amendment; and,
WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff
favorably recommends to Council that the suggested amendment be adopted; and,
WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to
hear public evidence and review the recommendations from Staff and the Planning Commission on
January 12, 2012; and,
WHEREAS, Council desires to encourage housing in our community for all residents regardless of
physical or mental health, race, or socio-economic level.
NOW, THEREFORE, Council hereby declares and ordains that Chapter 17.21.030 as reads is hereby
repealed and amended as below:
Chapter 17.21.030 Area, width, and location requirements, AS NOW READS,
All buildings and structures in the C-2, commercial -residential zone, shall be set back at least
twenty-five feet from any public street. Area, width and location requirements for buildings arranged,
intended or designed primarily for residential use, shall be setback from the front property line a
distance of at least twenty-five feet. Minimum side yards shall be at least eight feet or less by
conditional use permit, with a minimum rear yard setback of fifteen feet. Street -side setbacks for
corner lots shall be no less than twenty feet in width. No area and width requirements shall apply to
dwellings located above the ground floor when the ground floor is devoted exclusively to a commercial
use permitted in the zone Lot coverage of the principal use shall not exceed fifty percent of the total lot
area.
SHALL READ:
1. All buildings and structures in the C-2, Commercial -residential Zone, shall be set back at
least twenty (20) feet from any public street.
2. For buildings arranged, intended or designed primarily for residential use, the area, width and
location requirements shall be a minimum lot size of six thousand square feet for single family
dwellings and an additional 1500 square feet for a second unit. Any additional dwellings of
Ordinance tl 2012-02 page 2
more than two shall require additional lot area increases of nine hundred square feet per
dwelling.
3. Lot frontage shall be a minimum of fifty linear feet.
4. Minimum side yards shall be at least eight (8) feet or less by conditional use permit, with a
minimum rear yard setback of fifteen (15) feet. Street -side setbacks for corner lots shall be no
less than seventy five percent of the front yard setback.
5. No area and width requirements shall apply to dwellings located above the ground floor
when the ground floor is devoted exclusively to a commercial use permitted in the zone.
6. Lot coverage of the principal use shall not exceed fifty (50) percent of the total lot area.
a. Exception-- lot coverage. For transitional, affordable, or other housing types
managed or owned by a legally constituted housing authority or if the owner of the
property is a legally recognized nonprofit land trust or government agency operating
an emergency service under the state of Utah, Grand County, or Moab City and
serving persons in need, the lot coverage may be increased by administrative review
for up to eighty percent as long as the required setbacks are applied.
In effect on the day of passage;
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on the u{day of JOB , 2012.
SIGNED:
Kirstin Peterson, MayaPro Tem
Rachel E. Stenta, Recorder