HomeMy Public PortalAboutORD-CC-2012-05ORDINANCE #2012-05
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00, ZONING,
AND SPECIFICALLY AMENDING CHAPTER 17.09.53I (3), CONDITIONS FOR APPROVAL OF
SPECIFIC CONDITIONAL USES, BY REMOVING SECONDARY DWELLINGS FROM
CONDITIONAL USES AND REQUIRING AN ADMINISTRATIVE REVIEW AND APPROVAL TO
BE ESTABLISHED IN CHAPTER 17.69
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 April 12, 2012, 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 Chapter 17.09.531, would benefit the
Residents of the City of Moab; and
WHEREAS the Commission unanimously voted to recommend that Council adopt the amended
language and that adoption of Ordinance #2012-05 is in the best interests of the citizens of Moab; and,
WHEREAS, Council reviewed Ordinance #2012-05 in a regularly scheduled public meeting held on
April 24, 2012, 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 #2012-05 is adopted to
amend the Municipal Code with the following text:
Chapter 17.09.531, Conditions for approval of specific conditional noses, subsection C. Secondary
Dwelling Unit, shall be amended with the repeal of the use of secondary dwelling units from conditional
use status and the use "Secondary Dwelling Unit" shall be removed from the table in chapter 17.09.530,
subsection B, Conditional Use Matrix. The remaining uses shall be renumbered to reflect the removal of
"secondary dwelling units".
AND,
Chapter 17.69, Secondary Dwelling Unit, shall now read:
17.69
Secondary Dwelling Unit (SDU)
Ordinance 42012-05 Page 1 of 4
The SDU shall be permitted as a second dwelling unit added to, created within, or detached from the original
dwelling. The SDU shall be oriented in a way that maintains, to the extent practical, the privacy of residents in
adjoining dwellings.
Sections:
17.69.010 Purpose
17.69.020 General Standards
17.69.030 Criteria for approval
17.69.040 Enforcement -revocation
17.69.010 Purpose.
Secondary dwelling units are encouraged as dwellings for persons to increase affordable housing
opportunities in the R-2, R-3, R-4, and RA-1 residential zones. They shall be allowed in the R-1 Zone on
lots sufficient in size to allow further subdivision.
17.69.020 General Standards.
The following provisions are intended to facilitate secondary dwellings while minimizing land use
conflicts and environmental degradation:
1. Secondary dwellings shall not occupy more than twenty-five percent of any rear
or side yard.
2. The front yard setback for a secondary dwelling shall be at least equal to the
plane of the front wall of the principal structure and/or adhere to the required
setbacks of the underlying zone.
a. Exception. Where pre-existing structures meet the development standards of
Title 17.69, the original structure may be designated as the secondary dwelling.
3. Any request for secondary living quarters within residential zones shall be
reviewed for compliance with the standards in this chapter and approved by city
staff. A letter of compliance shall be issued to the applicant by the Zoning
Administrator prior to issuance of a building permit.
4. A secondary dwelling shall not be constructed prior to the principal structure.
5. A secondary dwelling may be constructed above a garage and consist of the same
floor area provided that it shall not protrude beyond any ground floor wall and
shall not consist of more than one story above the ground floor. The overall
structure shall not exceed twenty (20) feet in height.
17.69.030 Criteria for approval.
The following criteria must be established prior to building permit issuance:
1. Size. The maximum size for secondary Iiving quarters shall be no more than one
thousand square feet with no more than three bedrooms.
2. Parking. One on -site parking space shall be provided in addition to the
Ordinance #2012-05 Page 2 of 4
underlying parking requirement. The parking space may be provided in tandem if
the existing driveway length exceeds thirty-five feet as measured from the
property line.
3. Secondary Dwellings Per Lot. No more than one secondary dwelling may be
located on a lot.
4. Property to Remain Undivided. Properties with secondary dwelling permits shall
remain recorded as one lot.
5. Subdivision of property. The secondary dwelling shall not be sold separately
unless the secondary dwelling occupies an area of adequate size to meet the lot
area and all other requirements of the zone.
6. Deed Restriction. A deed restriction must be filed with the county recorder which
states:
"A permit for a secondary dwelling was issued to , the current owner of this property on
. The owner shall strictly adhere to the prohibition of the use of the secondary dwelling
as nightly or short-term rental.
7. Nightly Rentals. Secondary dwellings are intended for long-term rental of six
consecutive months or more, to the same individual, and may not be used for nightly
rentals.
17.69.040 Enforcement -revocation of permit.
The zoning administrator may revoke the secondary dwelling permit for noncompliance with the criteria
of this chapter. The permittee may appeal the determination to the appeal authority, which will evaluate
the zoning administrator's determination of noncompliance and decide if the permit revocation should
occur.
AND, FURTHERMORE,
Code chapter 17.45.020 shall be amended with a new use to read "K. Secondary dwelling units as per
code chapter 17.96."
AND, Code chapter 17.48.020 shall be amended with a new use to read "O. Secondary dwelling units as
per code chapter 17.96."
AND, Code chapter 17.51.020 shall be amended with a new use to read "U. Secondary dwelling units as
per code chapter 17.96."
AND, Code chapter 17.54.020 shall be amended with a new use to read "P. Secondary dwelling units as
per chapter 17.96."
AND, Code chapter 17.42.020 shall be amended with a new use to read "I. Secondary dwelling units as
per chapter 17.96."
AND, the table in Code Chapter 17.09.530, Conditional use permits, is amended with the removal of
conditional use number 3, Secondary dwelling unit from the table.
Ordinance #2012-05 Page 3 of 4
AND, Code Chapter 17.09.531, Conditions for approval of specific conditional uses, Subsection C,
is hereby amended with the removal of the text in conditions, A, B, and C.
IN EFFECT, IMMEDIATELY UPON PASSAGE.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on April 24, 2012.
David L. Sakrison, Mayor
10(6, aivt4-6L,
Rachel E. Sten!a, Recorder
Ordinance #2012-05 Page 4 of 4