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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