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Home My Public Portal AboutORD-CC-2008-15ORDINANCE #2008-15 AN ORDINANCE AMENDING TITLE 17.00, ZONING, TO ALLOW FACTORY BUILT HOME SALES IN THE C-4 ZONING DISTRICT AS A CONDITIONAL USE 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 as well as to promote a more attractive and wholesome environment; and, WHEREAS, through the adoption of Section 17.27.010, Council established the C-4, General Commercial Zone, in an effort to provide property for the primary use of business and light industrial purposes as well as to facilitate the development of attractive entrances into the City; and, WHEREAS, the City received and reviewed an application for a Similar Use Determination for the sale of Manufactured Homes in the C-4 Zone from Bradley Harper of Foxfire Homes; and, WHEREAS, the City of Moab Planning Commission ("the Commission") in a public hearing held on November 8, 2007, and by a unanimous vote of the Commission on December 13, 2007, determined that the use was not similar due to the bulk and scale of the product; and WHEREAS, the Commission found that the proposed use of Manufactured Home Sales should be considered as a conditional use and that specific conditional criteria should be considered in the review for the establishment of this use type on properties in the C-4 Zone; and, WHEREAS, Council reviewed Ordinance #2008-02 in a regularly scheduled meeting held on January 8, 2008, to hear and decide the merits of the proposed change to Chapter 17, Zoning, of the Moab Municipal Code; and, WHEREAS, Council found that the use satisfies the objectives and character of the C-4 and that this use type will facilitate the development of attractive entrances to the City. NOW, THEREFORE, the Moab City Council hereby amends Chapter 17, Zoning, of the Moab Municipal Code and specifically Section 17.48, Use Regulations for the C-4, General Commercial Zone, by including a new item number: "29. Manufactured Home Sales are allowed through approval by the Planning Commission of a conditional use permit as established elsewhere in this Code. The following additional items shall be used during review of applications for this use in an effort to mitigate impacts from the sales of Factory built structures: Additional landscaping, Berms, Screening, Fencing, Increased setbacks, Hours of operation, Storm water management, compatibility in terms of appearance, architectural scale and features, site design and scope, the control of adverse impacts from noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking, [Other undesirable or hazardous conditions]." Ordinance No. 2008-15 page 2 of 2 AND FURTHER THAT, Council repeals Chapter 17.06.020, 17. Dwelling, a-f, and item 39, Manufactured home, that read, "17. Dwelling. a. Dwelling, bachelor's" means a dwelling unit which is occupied by three or more nonrelated adults. b. "Dwelling, caretaker's" means a dwelling which is occupied by a person whose function it is to watch or take care of a business or industry which is located on the same premises as the dwelling. c. "Dwelling, multiple -family" means a building containing three or more separate dwelling units each of which is designed for or occupied by one family. d. "Dwelling, one -family" means a building containing one dwelling unit each of which is designed for or occupied by one family. e. "Dwelling, two-family" means a building con--taining two separate dwelling units each of which is designed for or occupied by one family. A twin -home shall be a two-family attached or semi -attached dwelling, subdivided into two separately owned parcels of land underlying said twin -home, but with the requirement that each dwelling unit in said home share a common boundary pursuant to a party wall agreement. f. "Dwelling unit" means one or more rooms in a building designed for living purposes, having one kitchen or set of cooking facilities and an independent water closet and bathing facilities. 39. Manufactured Home. a. A "manufactured house" is a structure transportable in two or more modules which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation and footing when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. For the purposes of this title, the definition of manufactured home shall be construed to include mobile homes that are at least twenty-four feet in body width and thirty-five feet in body length and consists of two or more modules and is attached permanently to an approved foundation and footing, provided the units are manufactured after June 16, 1976, in accordance with the standards adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act 1974 and stamped approved by HUD (S 5402-6) and contains the State Insignia of Approval. AND, FURTHERMORE, amends said section with new text that shall read: "Dwelling" means a structure or portion of a structure that is designed, occupied or intended to be occupied as living quarters and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints. (a) "Accessory dwelling unit (ADU)" means a dwelling incorporated within the living area or attached to the primary single-family residence on a parcel of land zoned for residential use, unless otherwise allowed in accordance with Section 6.10 of this code, Conditional use permits. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and must be attached to the principal use structure. (b) "Apartment. (See definition for "Apartment.") V Ordinance No. 2008-15 page 2 of 2 (c) "Duplex dwelling" means two (2) residential dwelling units, other than manufactured homes, within a single building and under a single roof. (d) "Manufactured home dwelling" means a HUD, UBC, or IRC Standard approved structure designed to be transported after fabrication and equal to or exceeding fourteen (14) feet in width and 700 square feet in area, excluding towing gear and bumpers. Such a structure consists of two or modules and is suitable for human habitation on a year-round basis when equipped with required plumbing, heating and electrical facilities. Manufactured homes may or may not have integral chassis or permanent hitches to allow future movement. The space and width requirements of this definition shall not apply to any manufactured home located within a previously existing manufactured home park. (e) "Multi -family dwelling" means three (3) or more residential dwelling units, other than manufactured homes, within a single building and under a single roof, including apartments, townhouses and attached condominiums. (f) "Single-family dwelling" means a dwelling unit located on a separate lot or tract that has no physical connection to a building located on any other lot or tract. 47. Dwelling, Unit - One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. This ordinance is effective upon adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Bodyflf Moab City Council on August 26, 2008. SI David L. Sakrison, Mayor ,APSEST: /} Gl..t _�.2X ��Q.1�.( tn-W� Rachel Ellison, Recorder