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HomeMy Public PortalAboutORD-CC-2017-19ORDINANCE #2017-19 AN ORDINANCE TO AMEND MOAB MUNICIPAL CODE CHAPTER 17.09.060, ACCESSORY BUILDING — AREA, AND 17.09.070, ACCESSORY BUILDING — PROHIBITED AS LIVING QUARTERS WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code') and especially Title 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 as well as to promote a more attractive and wholesome community environment; and, WHEREAS, the City determined that Section 17.09.060 is already covered in Section 17.09.560.A.6.a. Accessory use or structure; and, WHEREAS, the City found a discrepancy in Section 17.09.070, in that it does not explicitly allow living and sleeping in a Secondary Dwelling Unit (SDU); and, WHEREAS, from time to time Council has found it necessary to amend Title 17 to promote clarity and efficiency in the Code; and, WHEREAS, the Moab City Planning Commission ("Commission') held a duly advertised public hearing on May 11, 2017, to hear and decide the merits of said amendments; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff, determined that these amendments would provide more clarity in the code; and, WHEREAS, Council reviewed Ordinance #2017-19 in a regularly scheduled meeting held on June 13, 2017, to hear and decide the merits of the proposed changes to Sections 17.09.060 and .070; and, WHEREAS, Council found the changes to be in the best interests of the City of Moab. NOW, THEREFORE, the Moab City Council hereby amends Sections 17.09.060 and .070, as currently read to be revised by the changes below: Current Code, that now reads: 17.09.060 Accessory building —Area. Accessory buildings in any residential zone shall cover not more than twenty-five percent of the rear yard. (Prior code § 27-3-6) Shall be removed from the Code in its entirety, and the section placed in reserve. AND, Current Code, that now reads: 17.09.070 Accessory building --Prohibited as living quarters. Living and sleeping quarters in any building other than the main residential building is prohibited. (Prior code § 27-3-7) Shall be amended to read: 17.09.070 Accessory building --Prohibited as living quarters. Living and sleeping quarters in any building other than the main residential building, or a secondary dwelling unit, is prohibited. (Prior code § 27-3-7) In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the 13th day of June, 2017. S IQNED: David L. Sakrison, Mayor ST: Rachel Stenta. Recorder