HomeMy Public PortalAboutORD-CC-2013-01aORDINANCE #2013-01
AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE,
SPECIFICALLY CHAPTERS 17.15, 17.42, 17.45, 17.48, and 17.51 AND THOSE
SECTIONS DEALING SPECIFICALLY WITH THE AREA, WIDTH, AND LOCATION
REQUIREMENTS FOR RESIDENTIAL USES
WHEREAS, the City of Moab ("City")adopted 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 in
the R-2, R-3, and R-4 zones acted as barriers to affordable housing and contributed to
costly sprawl; and
WHEREAS, Staff and the Planning Commission recognize that the residential districts
have been established in order to secure for the persons who reside in them a
comfortable, healthy, safe, and pleasant environment, sheltered from incompatible and
disruptive activities and to encourage a diversity of housing options; and
WHEREAS, Staff and the Planning Commission have requested from Moab City Council
("Council") amendments to code chapters 17.15, 17.42, 17.45, 17.48, and 17.51 that
deal with area, width and location requirements, for the residential zones; and,
WHEREAS, the Moab City Planning Commission held a duly advertised public hearing
on October 11, 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 December 11, 2012; and,
WHEREAS, Council desires to encourage affordable housing in our community for all
residents regardless of physical or mental health, race, or socio-economic level; and
WHEREAS, Council desires to encourage a compact, more sustainable type of
development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs
to the city for infrastructure.
NOW, THEREFORE, Council hereby declares and ordains that the following changes
are adopted and the specified code chapters and sections are amended as noted below:
CHAPTER 17.15
ESTABLISHMENT OF ZONES
Sections:
17.15.010 Scope and applicability.
17.15.020 Districts established.
17.15.030 Official zoning map.
17.15.040 Zone boundaries
17.15.050 Residential area regulations summary.
17.15.010 Scope and applicability.
The regulations of this chapter shall apply to all lands located within the corporate limits of the
city. All lands, buildings, structures or appurtenances thereon located within the city that are
hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be
occupied, used, erected, altered, removed, placed, demolished or converted in conformance with
the zoning regulations prescribed for the zoning district in which such land or building is located
as provided in this chapter.
17.15.020 Districts established.
In order to implement the general plan and the other purposes and provisions of this title, the city,
is divided into residential, commercial, agricultural, industrial, and flood hazard zoning districts.
The regulations as set out herein are uniform throughout each district.
(a) Purpose for Zone Districts.
(1) Residential Districts. In order to secure for the persons who reside there a
comfortable, healthy, safe, and pleasant environment in which to live, sheltered from
incompatible and disruptive activities and to encourage a diversity of housing options, the
following residential districts are established.
Residential Zones
Abbreviated Designation
Zoning District
Code Chapter
R-1
Single- family Residential Zone
17.42
R-2
Single-family and Two-family Residential Zone
17.45
} R-3
Multi -family Residential Zone I 17.48
R-4
Manufactured HousinkResidential Zone
_ 17.51
RA -I
Residential -A ricultural Zone
17.54
MHIRV-1
Mobile Home/Recreational Vehicle Parks Zone
17.35
Commercial Zones
C-1
I. Commercial -Residential Zone
17.20
C-2
Commercial -Residential Zone
17.21
C-3
Central Commercial Zone
17.24
C-4
General Commercial Zone
17.27
_ C-5
Neighborhood Commercial Zone
17.30
RC
Resort Commercial Zone
17.31
SAR
Sensitive Area Resort Zone
17.32
Agricultural Zones
A-2 Agricultural Zone l 17.18
Industrial
1-1 ! Industrial Zone , 17.36
Flood Hazard
FC-1 J Flood Channel Zone
17.33
17.15.030 Official zoning map.
A. The location and boundaries of each of the zones are shown on the official zone map of
the city, and said map is declared to be an official record and a part of this title.
B. Whenever amendments or changes are made in zone boundaries, such amendments or
changes shall be promptly made on the official subsequent to approval by city council. No amendment or
change shall become effective until after it has been properly posted and attested to on the official zone
map.
C. No changes of any nature shall be made in the official zone map, except in conformity
with the procedure set forth in this title. Any unauthorized changes of whatever kind by any person or
persons shall be considered a violation of this title and punishable as provided in this title.
D. Regardless of the existence of purported copies of the official zone map which may from
time to time be made or published, the official zone map, which shall be located in the office of the city
recorder, shall be the final authority in determining current zoning status.
17.15.040 Zone boundaries.
apply:
Where uncertainty exists with respect to the boundaries of various zones, the following rules shall
A. Where the intended boundaries on the zone map are approximately street or alley lines,
said street or alleys shall be construed to be the zone boundaries.
B. Where the indicated boundaries are approximately lot lines, said lot lines shall be
construed to be the zone boundaries, unless otherwise indicated.
C. Where land has not been subdivided into lots, the zone boundary shall be determined by
the use of the scale of measurement shown on the map.
D. Where other uncertainty exists, the appeal authority shall interpret the map.
(Prior code § 27-5-3)
(Ord. No. 10-06, 11-9-10)
17.15.050 Residential Area regulations summary.
(a) Schedule of Residential Area Regulations. The following residential area regulations schedule
summarizes the regulations of this code with regard to minimum lot size, minimum yards,
maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of
residential uses in the various zoning districts. The standards shown in the following schedule
may be modified by additional provisions contained in this section or in the individual district
regulations. In the event of any conflict between the text of this section and the schedule of
residential area regulations, the text shall control.
Residential Area Regulations
Development
Standard
R-1
R-2
R-3 I
R-4
RA-1
Single-family Dwellin_g
. Minimum Lot
Area/unit (sq ft)
10,000
5,000
5,000
5,000
43,560
Minimum
Front Yard (ft)
25 t't
15
15
15
25 ‘"
1
Minimum Side
Yard, first side
(ft)
10 (1*
_
7
7
7
10
Minimum Side
yard, second
side (to
14
r 7
7
7
14
Minimum Side
I Yard, Corner
20
15
12
12
25
Minimum Rear
Yard inter. (to
15
12
12
10
25
Minimum Rear
Yard Corner
(ft)
25 (")
15
15
_
12
20
Max Net Lot
Coverage (%)•
-
60*
60*
60*
-
.
•See
footnotes
(vi) and (vii)
r Max. Height
ift)
40
30
30
30
40
Min. Lot Width
(ft)
90
50
50
50
125
Minimum
Ground Floor
Area/Structure
Ann
1,200
500
500
500
'
1,000
Duplex or
1
Two-family Dwelling
Minimum Lot
Arealunit (sq ft)
-
3,000 sq
ftldwelling
2,500 sq
ft/dwelling
2,500 sq
ft/dwelling
-
Minimum
Front Yard Ito
-
20
15
15
-
Minimum Side
Yard, first side
JLO+
-
' 7
7
7
'
-
Minimum Side
yard, second
side (ft)
-
7
7
7
-
Minimum Side
Yard, Corner
-
15
12
12
-
Minimum Rear
1 Yard inter (ft)
-
12
12
10
-
Minimum Rear
Yard Corner
-
15
15
S
-
Max Net Lot -
1 Coverage (Vs)*
60*
60*
60*
- -
• See
footnotes
(vi) and (vii)
Development R-1
Standard
R-2
R-3
R-4
RA-1
Duplex or Two-family Dwelling (continued)
Max. Height
00
-
30
30
30
-
Residential Area Regulations (continued)
Min. Lot Width
1fti
-
50
50
50
-
Minimum
Ground Floor
Area/unit (sq ft)
-
500
500
500
-
Three, Four, Five or Six family
Dwelling
Minimum Lot
Arealunit (sq ft)
-
2,000 sq
ft/dwelling
1800 sq
ft/dwelling
-
Minimum
Front Yard (ft)
-
15
15
-
Minimum Side
Yard, first side
(ft)
-
7
8
-
Minimum Side
yard, second
side (ft)
-
7
8
-
Minimum Side
Yard, Corner
12
12
-
Minimum Rear
Yard inter (ft)
12
10
-
Minimum Rear
Yard Corner
(ft)
15
10
-
Max Net Lot
Coverage (%)'
60*
80*
-
' See
footnotes
(vi) and (vii)
Max. Height
(ft)
30
40
-
Min. Lot Width
V»
50
50
-
Minimum
Ground Floor
Area/unit Isq ft)
300
250
-
(i) Or fifty-five feet from the centerline of any public street, whichever is greater.
(ii) For dwellings having an attached garage or carport the setback shall not be less than twenty feet.
(iii) Total of the two side setbacks shall be at least twenty-four feet.
(iv) For the purpose of determining front, side and rear setback requirements any separate building situated within
twelve feet from a dwelling or other main building shall be considered as a part of the main building and not
as an accessory building.
(v) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and that
the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other
main building.
(vi) Net Lot Area is defined as the usable portion of the lot after setbacks are deducted from the lot area,
(vii) Maximum Net Lot Coverage may be increased to 75% if the home is a single story structure.
Furthermore, the title for Chapter 17.42, shall be amended to read R-1 Single-family Residential Zone.
AND, the title for Chapter 17.45, shall be amended to read R-2 Single-family and Two-family Residential
Zone,
AND, Section 17.45.030 Area requirement shall be amended to read:
"An area of not less than five thousand square feet shall be provided and maintained for each one -
family dwelling and uses thereto. For two-family dwellings the lot size shall consist of a minimum of three
thousand square feet per dwelling. For child day care centers and foster family care homes the building site
shall contain at least ten thousand square feet. An area of not less than five acres shall be provided and
maintained for each planned unit development, except that there shall be no area requirements for additions
to an approved planned unit development. All church buildings shall have a building site area in which the
area of the building is equal to or less than twenty percent of the total parcel size area."
AND, Section 17.45.040 Width requirements shall be amended to read:
"The minimum width of any building site for a one -family dwelling or other building shall be fifty
linear feet, measured at a distance of fifteen feet back from the front lot line. "
AND, Section 17.45.050 Location requirements, shall be amended to read:
A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The
minimum front setback for fences, walls and hedges which do not exceed six feet in height along those
properties that front on 3rd South, 4th East, 4th North and 5th West shall be twenty feet.
B. Side Setback. The minimum side setback for any dwelling or any other main building
shall be seven feet; provided, that the minimum distance between dwellings located on the same or
adjoining lots shall be ten feet On corner lots, the side yard which faces on a street shall be not less than
fifteen feet or 75% of the front yard setback.
C. Rear setback. The minimum rear setback for any main building shall be twelve feet.
AND, Section 17.45.060 Special provisions, B. shall be amended to read:
B. The ground floor area of all dwellings shall be at least five hundred square feet.
AND, the title for Chapter 17.48, R-3 RESIDENTIAL ZONE shall be amended to read R-3 Multi family
Residential Zone.
AND, Section 17.48.030 Area requirements, shall be amended to read:
An area of not less than five thousand square feet shall be provided and maintained for each one -
family dwelling and duplexes or two-family dwellings All other multi -family development shall provide a
minimum of two thousand square feet per unit for three-family dwellings and above. Schools, churches,
boarding houses and other main buildings shall have a building site area in which the area of the building is
equal to or less than twenty percent of the total parcel size area.
An area of not less than three acres shall be provided and maintained for each planned unit
development, except that there shall be no area requirements for additions to an approved planned unit
development.
AND Section 17.48.040 Width requirements, shall be amended to read:
The minimum width of any building site for a one -family dwelling or other buildings shall be fifty
linear feet measured at a distance twenty-five feet back from the front lot line,
AND, Section 17.48.050 Location requirements, shall be amended to read:
A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The
minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No
accessory building shall be constructed on a lot prior to the main building.
B. Side Setback. The minimum side setback for any dwelling or any other main building
shall be seven feet; provided that the minimum distance between dwellings located on the same or
adjoining lots shall be more than ten feet, On corner lots, the side yard that faces on a street shall be not less
than twelve feet.
C. Rear Setback. The minimum rear setback for any main building shall be twelve feet.
D. The minimum side setback for accessory buildings on interior and comer lots is listed in
Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the
rear of any dwelling.
AND, the title for Chapter 17.51, R-4 RESIDENTIAL ZONE shall be amended to read R-4
Manufactured Housing Residential Zone,
AND, Section 17.51.030 Area requirements, shall be amended to read:
"An area of not less than five thousand square feet shall be provided and maintained for each one -
family dwelling. Two thousand five hundred square feet shall be provided for each unit of a duplex or two-
family dwelling and one thousand eight hundred square feet shall be provided for each unit in a tri-plex or
three-family or more dwelling. For child day care centers the building site shall contain at least ten
thousand square feet.
An area of not less than three acres shall be provided and maintained for each planned unit
development, except that there shall be no area requirements for additions to an approved planned unit
development. All non-residential uses such as church buildings shall have a building site area in which the
area of the building is equal to or Iess than twenty percent of the total parcel size area. The area required to
meet minimum off-street parking requirements shall not be included in the calculation of the total parcel
size.
AND, Section 17.51.040 Width requirements, shall be amended to read:
The minimum width of any building site for a dwelling shall be fifty linear feet.
AND, Section 17.51.050 Location requirements, shall be amended to read:
A. Front Setback_ The minimum front setback for main buildings shall be fifteen feet. The
minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building_ No
accessory buildings shall be constructed on a lot prior to the main structure.
S. Side Setback. The minimum side setback for any dwelling or any other main building
shall be seven feet; provided, that the minimum distance between dwellings located on the same or
adjoining lots shall be ten feet. On comer lots, the side yard that faces on a street shall be not less than
twelve feet.
C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On
corner lots, the rear setback shall be not less than eight feet.
D. The minimum side setback for accessory buildings on interior and corner lots is listed in
Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the
rear of any dwelling,
AND, Section 17.51.060 Special provisions, shall be amended to read:
The following special provisions shall apply in this zone in order to protect its essential
characteristics and to promote the purposes of this title!
A. For the purposes of determining front, side and rear setback requirements, any separate
building situated within twelve feet from a dwelling or other main building shall be
considered as a part of the main building and not as an accessory building.
O
B. The ground floor area of all dwellings shall be at least five hundred square feet.
C, The maximum permitted density of planned unit developments shall be eight dwelling
units per acre, up to a maximum of ten units per acre utilizing affordable housing density
bonuses.
D, The minimum building site for a mobile home park and mobile home subdivision shall be
not less than ten acres.
In effect on the day of passage;
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of
Mob City Cou it on tl 8th day of January, 2013.
D:
David L. Sakrison, Mayor
ST:
Rachel Stenta, Recorder