HomeMy Public PortalAboutORD-CC-2013-08ORDINANCE #2013-08
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.72.070, CERTIFICATE: OF
ZONING COMPLIANCE REQUIRED, SUBSECTIONS A AND B, AMENDING THE ISSUANCE OF A CERTIFICATE
OF OCCUPANCY AND CERTIFICATES OF ZONING COMPLIANCE WITH AN APPROVED BOND
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and
especially Title 17.00 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 has found that from time to time, it is desirable to issue Certificates of
Occupancy even when minor improvements on a project are not yet complete; and
WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public
hearing held on July 8, 2013, 2013, met to hear testimony and determine the merits of the changes to
Chapter 17.72.070 of the Moab Municipal Code; and
WHEREAS the Commission unanimously voted to recommend that Council adopt the amended
language and that adoption of Ordinance #2013-08 is in the best interests of the citizens of Moab; and,
WHEREAS, the Commission found that the proposed changes to said code chapter would benefit
the public at large and the City to insure that appropriate detailed site plans are submitted with a
development application; and
WHEREAS, Council agrees with the Planning Commission and found that the amendments to the
code are in the best interests of the City and residents.
NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-08 is hereby
adopted to amend the Municipal Code as follows:
17.72.070 Certificate of zoning compliance required.
A. It is unlawful to use or occupy or permit the use or occupancy of any building or
premises, or to change the occupancy of any building or premises until a certificate of zoning
compliance is issued by the zoning administrator, stating that the proposed use of the building or land
conforms to the requirements of this title. No nonconforming structure or use shall be changed or
extended until a certificate of zoning compliance has been issued by the zoning administrator. The
certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the
provisions of this title.
B. The zoning administrator may permit the occupancy of a building prior to the
completion of all required work, provided a cash -only bond is posted with the city recorder in an
amount equal to the cost of completing such required work plus fifty percent and all administrative
costs as determined by the governing body.
1. The construction costs for the completion of the remaining improvements shall be less than
$10,000.00 and shall not include ADA accessibility requirements, potable water and sanitary sewer, or
health and safety requirements found in the building code or other ordinances adopted by the city.
2. Types of improvements that may be bonded under this section include but are not limited to:
building trim, landscaping, curb, gutter and sidewalk, or replacement of concrete that was damaged
during construction.
3. The estimated cost of the remaining improvements and a schedule for completion shall be
established in an Improvements Agreement that must be approved by City Council.
4. The agreement must contain at a minimum:
i. A description of the work to be completed
ii. Reasons for the incompletion of items
iii. Estimates of the construction costs and the additional costs listed above
iv. Contain a reference to the building permit number
v. An expected date of completion
vi. Actions to be taken or penalties for failure to complete the improvements on
time
5. If necessary items remain unfinished at the end of the agreed time period, the city manager
may grant an extension. The extension shall not exceed a reasonable period of time to allow the
contractor/developer to complete those remaining items listed in the Improvements Agreement.
6. The city manager shall have the authority to release the bond if the improvements are
satisfactorily completed. All public improvements shall be warranted by the developer/contractor for a
period of one year from the date of final inspection by city staff. If the improvements are not completed
to the satisfaction of the city or incomplete at the time of expiration of the agreement, the city manager
shall cause the work to be completed and use the bond to satisfy the incurred costs.
The zoning administrator shall maintain a record of all certificates of zoning compliance for a period of
five years and a copy shall be furnished upon request to any applicant.
Passed and adopted by action of the Governing Body o g he City of Moab invpen session this 13th day of
August, 2013.
Cit
Mayor David L. Sakrison
Rachel E. Stenta
City Recorder
CITY OF MOAB
ORDINANCES #2013-08,
#2013-09 and #2013-10
AN ORDINANCE AMENDING
THE CITY OF MOAB MUNICIPAL
CODE, SECTION 17.72.070,
CERTIFICATE OF ZONING
COMPLIANCE REQUIRED,
SUBSECTIONS AAND B,
AMENDING THE ISSUANCE OF
A CERTIFICATE OF
OCCUPANCY AND
CERTIFICATES OF ZONING
COMPLIANCE WITH AN
APPROVED BOND;
AND
AN ORDINANCE AMENDING
THE CITY OF MOAB MUNICIPAL
CODE, ESPECAILLY CHAPTERS
18.24.020, DESIGN STANDARDS
SPECIFIED, 17.09.660, SITE
PLAN REQUIRED, 17.65.060,
SUPPLEMENTARY
REGULATIONS FOR MIXED USE
MPD DEVELOPMENTS WITHIN
COMMERICAL. ZONES, AND
17.66.150, FINAL PLAN AND
APPROVAL, AND
REFERENCING CHAPTER
12.24, TREE STEWARDSHIP;
AND
AN ORDINANCE AMENDING
THE CITY OF MOAB CODE
TITLE 16.00, SUBDIVISIONS
AND ESPECIALLY CHAPTER
16.24.020 DESIGN STANDARDS
SPECIFIED.
Ordinances #2013-08, #2013-
09 and #2013.10 were adopted
at a Regular City Council Meeting
held on August 13, 2013 at the
Moab City Council Chambers,
217 East Center Street Moab,
Utah 84532. Complete copies of
Ordinances #2013-08, #2013-09
and #2013-10 are available online
at www.moabcity.org or at the City
of Moab Recorder's Office at 217
East Center Street Moab, Utah
84532.
Is/ Rachel E. Stenta
City Recorder/Assistant
City Manager
Published in The Times -Inde-
pendent, Moab, Utah September
12, 20
Proof of Publication
STATE OF UTAH,
)
ss.
County of Grand, )
Zane W. Taylor, being first duly sworn accord-
ing to law, deposes and says: That he is the pubisher of
The Times -Independent, a weeldy newspaper of general
circulation, published every Thursday at Moab, Grand
County, State of Utah, and a designated agent of the Utah
Press Association; that the notice attached hereto and
which is a copy of a
City of Moab
Ordinances #2013-08, 09, & 10
which is made a part of this Affidavit of Publication, was
published in said newspaper for a period of 3 consecutive
issues, the first publication date having been made
September 12, 2013
; and the last on
; and the said notice was published in each and every copy
of said newspaper during the period and time of publica-
tion, and that it was published in the newspaper proper
and not in a supplement thereof, and that said notice was
published on Utahlegals.com on the same day as the first
newspaper publication and the notice remained on Utah-
legals.com throughout the period and time of print pub-
lication.
7 ZI
Publisher
Subscribed and sworn before me this
c, n
Notary Public
Residing in Moab, Utah
My Commission Expires