HomeMy Public PortalAboutORD-CC-2019-06CITY OF MOAB ORDINANCE NO. 2019-06
AN ORDINANCE ENACTING A TEMPORARY LAND USE REGULATION
PROHIBITING, FOR A PERIOD OF 180 DAYS, THE DEVELOPMENT OF NEW NIGHTLY
RENTAL USES, INCLUDING HOTELS/MOTELS, BED AND BREAKFASTS, AND OTHER
OVERNIGHT ACCOMMODATIONS PENDING COMPLETION OF REVISIONS TO CITY
ORDINANCES IN ZONING DISTRICTS WHERE NIGHTLY RENTALS ARE ALLOWED
The following findings describe the reasons for this ordinance and explain its purpose:
a. The City possesses the authority, pursuant U.C.A. § 10-9a-504, to enact temporary land
use regulations governing the construction or alteration of any building and having a
duration of not to exceed six (6) months if it finds that there is a compelling
countervailing public interest that justifies the regulation.
b. The City's General Plan includes the goal of "[p]romot[ing] a vibrant Iocal economy that
supports the unique quality of life and character of Moab" along with the following
policies and action steps:
■ Policy: Facilitate the growth of local businesses and industries in a context
appropriate to Moab.
• Action steps: Develop and enforce land use and_dexign_standards for
commercial development; [and] Encourage business development that
complements the existing economy and business offerings.
• Policy: Continue to promote Downtown Moab as a primary commercial core of
the community for residents and visitors.
• Action steps: Develop a Downtown Plan to define a central business
district and expand and enhance pedestrian, cultural, service (eating, etc.)
and shopping opportunities, manage vehicular through traffic in balance
with other downtown values, improve wayfinding, and parking plan.; [and]
Modify zoning code to promote a quantity and distribution of downtown
street -level retail that supports the pedestrian experience, and a balance
between lodging, restaurants, retail, and other business types.
• Policy: Identify and explore new economic development opportunities with the
goals of increasing community economic stability, increasing the proportion of
jobs which pay a living wage.
• Action step: Explore opportunities to diversify Moab's economy.
c. The City of Moab has experienced a surge in new nightly -rental -related development.
New hotel and overnight accommodation developments are planned within the City in the
near future.
d. Nightly rental uses in various forms are now permitted in the following zoning districts
within the City: Cl, C2, C3, C4, RC, and SAR.
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g.
e. The City is engaged in future land use planning to: i) evaluate the right mix of land uses
in various zoning districts; ii) the zoning districts in which nightly rental uses are
appropriate; and iii) additional requirements, if any, for nightly rentals in zoning districts
where they are allowed. The creation of a Downtown Area Plan and related ordinances
are in process, and there is an urgent need to update the City's existing land use and
development code in advance of future growth.
f. In conjunction with Grand County, in 2018 the City engaged BAE Urban Economics to
perform a Nexus Study to evaluate the impacts of nightly rentals. The Nexus Study
concluded that the development of new nightly rentals crowds out the development of
other business uses in the City, while simultaneously driving up demand for affordable
workforce housing. The City finds that a limited supply of land is available for
development, making future land use planning of critical importance.
The City finds that increasing nightly rental development in the downtown area of the
City in particular is forcing out other important land uses to the detriment of balanced
conununity development. Existing land use requirements and market forces have not
facilitated the development of a balanced mix of business types, residential inventory,
and accommodations for visitors in the downtown core.
h. On -February 5, 2019 Grand-Gerunty-enacted-a-similar teiupoi ary land use regni ation with
respect to new lodging development in Grand County, based largely on the same
concerns as to the outsize impacts of lodging development on community character. The
City finds that there is a strong public interest in a coordinated City/County approach to
the issue.
There is a compelling countervailing public interest to assure that lodging uses are
developed in a manner that compliments the other needs of the City and its residents.
This ordinance is necessary to assure that the City can promptly develop ordinances and
policies to achieve those ends.
Now therefore, the foregoing findings are adopted and the City of Moab enacts the following:
1. Definitions. The tern "nightly rental" means hotels, motels, bed and breakfasts,
residential short-term rental dwellings, or other overnight accommodations available to paying
guests who rent rooms, dwellings, or units on a nightly or weekly basis, or for a term of less than
30 days.
2. Temporary Regulation and Duration. The City hereby enacts a temporary land use
regulation prohibiting the development or construction of new nightly rentals within the City
limits. This ordinance shall continue until repealed, but in no instance shall the term exceed one
hundred eighty (180) calendar days from the effective date, as stated below. No nightly rental
land -use applications shall be accepted by the City for the duration of this ordinance. Existing
nightly rentals are excluded from this ordinance.
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3. Exemptions. The following nightly rental developments are exempt from this ordinance:
a) projects that have submitted a complete land use application to the City and paid all applicable
fess as of the effective date of this ordinance; b) projects that have obtained a building permit as
of the effective date of this ordinance; or c) nightly rental uses of existing dwellings located in
the Cl or C2 zoning districts where the use requires only the issuance of a business license to the
owner and no building pen -nits are required under applicable law.
4. Direction to Staff. Staff is directed to engage in further study and development of policy
recommendations to the City Council to implement ordinance changes consistent with this
ordinance.
5. Enforcement. The City may enforce this ordinance in a civil action to obtain injunctive
or declaratory relief In any such proceeding the City need only prove the existence of a violation
of the ordinance to obtain the injunction. Injunctive relief shall be granted without a requirement
of the posting of a bond or other security.
6. Severability. If any provision of this ordinance shall be found to be invalid by any court
with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be
enforced without the severed provision.
7. Effective Date. This ordinance shall take effect immediately upon passage by the City
Council, regardless of the date of publication. The City shall promptly publish same.
Approved and adopted upon the vote of a majority of the City Council, this 12th day of February,
2019.
Mayor Emily S. Niehaus Date
Attest:
By: CZI5r-v\51--6c- - C!
Rachel Stenta, Recorder Date
-End of Document-
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