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HomeMy Public PortalAboutORD-CC-2013-14ORDINANCE #2013-14 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.36.020, USE REQUIREMENTS, AMENDING THE LISTED USES OF THE I-1, INDUSTRIAL ZONE, AND CHAPTER 17.36.050, LOCATION REQUIREMENTS 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 has found that some types of uses would be appropriate uses in the I-1 Industrial Zone; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on August 22, 2013, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2013-04 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 #2013-04 is hereby adopted to amend the Municipal Code to repeal section 17.36.020 Use requirements A-J in its entirety and is replaced by with following:: 17.36.020 Use requirements. The following buildings, structures and uses of land shall be permitted in the I-1 industrial zone upon compliance with requirements as set forth in this title: A. Manufacturing, compounding, processing, packaging, fabrication and warehousing of goods and materials, but not to include processing of animal by-products, livestock feed yards, or steel manufacturing, oil refineries, wallboard manufacturing and similar establishments which emit offensive fumes, smoke, noise, odor, etc. B. Asphalt and concrete mixing plants, coal yards, earthmoving equipment and equipment storage, gas and oil wells, gas and oil storage facilities, public buildings and public utility buildings, craft shops, tire recapping establishments, and accessory signs. C. Automobile wrecking and salvage yards, when surrounded by a well -maintained sight - Ordinance #2013-14 Page 1 of 2 obscuring fence constructed to a height of at least eight feet so that the material stored in the enclosure cannot be observed from any street adjacent to the yard. D. Mines, gravel pits, sand pits, clay pits, rock quarries, rock crushers and buildings and structures in connection therewith; also scenic railroads and railroad maintenance yards. E. Agriculture, farm machinery storage sheds, self -serve warehouse storage facilities, vegetable and fruit packing and processing plants, and livestock raising. F. Water wells, utility transmission lines, dams, pumping plants, power plants, sewage treatment plants subject to review and approval of the State Division of Health; solid waste disposal sites. G. Caretaker dwelling consisting of a maximum footprint of 800 square feet when associated with a non-residential use. H. Fitness center or gymnasium I. Retail commercial uses and cafes. J. Accessory buildings and parking lots incidental and accessory to other permitted uses. AND, chapter 17.36.050, Location requirements, shall be amended to now read: Front Setback. All buildings and structures shall be set back at least twenty-five feet from the front lot line, or fifty-five feet from the centerline of the road, whichever is greater. Passed and adopted by action of the Governing Body of the City of Moab in open session this 24th day of September, 2013. f City of Moab Mayor David L. Sakrison Rachel E. Stenta City Recorder Ordinance #2013-14 Page 2 of 2 CITY OF MOAB ORDINANCES #2013-14 and #2013-19 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.36,020, USE REQUIREMENTS, AMENDING THE LISTED USES OF THE 1-1, INDUSTRIAL ZONE, AND CHAPTER 17.36.050, LO- CATION REQUIREMENTS; AND AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 12.08.060, SIDEWALKS, CURBS AND GUTTERS REQUIRED AT TIME OF CONSTRUCTION, AMENDING THE REQUIREMENTS FOR THE CONSTRUCTION OF STREETS, CURB, GUTTER, AND SIDEWALKS WHEN SINGLE FAMILY RESIDENTIAL LOTS ADJACENT TO PARTIALLY DEVELOPED STREETS ARE DEEMED EXCESSIVE IN WIDTH. Ordinances #2013-14 and #2013-19 were adopted at a Reg- ular City Council Meeting held on September 24, 2013 at the Moab City Council Chambers, 217 East Center Street Moab, Utah 84532. Complete copies of Ordinances #2013-14 and #2013-19 are avail- able online at www.moabcity.org or at the City of Moab Recorder's Office at 217 East Center Street Moab, Utah 84532. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Inde- pendent on October 3, 2013. Proof of Publication STATE OF UTAH, County of Grand, } ss. } 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 #2013-14 and #2013-19 which is made a part of this Affidavit of Publication, was published in said newspaper for a period of 1 consecu- tive issues, the first publication date having been made October 3, 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. Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires