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HomeMy Public PortalAboutORD-CC-2008-24ORDINANCE 2008-24 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, BY REMOVING REFERENCE TO THE DEVELOPMENT REGULATIONS FOR THE R-3 ZONE FROM THE DEVELOPMENT REGULATIONS IN THE C-1, C-2, AND C-4 COMMERCIAL ZONES WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and, WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that the application of the area, width and location requirements of the R-3 zone to the General Commercial (C-4) Zone, for commercial development is not an acceptable management tool and requires amendments to the code; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council") said amendment to code chapters 17.20.030, 17.21.030,17.27.020, and 17.27.030, Area, width and location requirements, for the C-1, C-2, and C-4 Commercial Zones; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on August 14, 2008 to hear and decide the merits of said amendment; and, WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on September 23, 2008; and, WHEREAS, Council desires to encourage economic development through commercial retail and service activities in the commercial zoning districts. NOW, THEREFORE, Council hereby declares and ordains that references to R-3 development requirements as established for uses in specific commercial zoning districts are hereby repealed and amended as below: Chapter 17.20.030 Area, width and location requirements, THAT NOW READS, "Area, width and location requirements in the C-1 commercial -residential zone shall be the same as for dwellings in the R-3 zone for both commercial and residential buildings (except buildings shall be permitted to be restored or constructed on nonconforming lots of record)." SHALL READ: `Area, width and location requirements in the C-1 Commercial -residential Zone for all commercial and residential buildings shall be setback from the front property line a distance of at least twenty five (25) feet. Minimum side yards shall be at least eight (8) feet with a minimum rear yard setback of fifteen (15) feet. Street -side setbacks for corner lots shall be no less than twenty (20) feet in width. Buffers between residential uses on adjacent lots shall be a minimum of fifteen (15) feet and be included in the setbacks listed above and may be in addition to the landscaping requirements. Dwellings and apartment houses utilizing the ground floor elevation as a residential use require conditional use approval in accordance with Chapter 17.09.530, Conditional Uses, except that dwellings above the ground floor consisting of commercial uses shall be a permitted use. The lot coverage of the principal use shall not exceed fifty (50) percent." AND THAT, Chapter 17.21.030 Area, width and location requirements, THAT NOW READS, "There shall be no area, width and location requirements for commercial and service buildings and structures, except that all buildings and structures shall be set back at least twenty-five feet from any public street. For buildings arranged, intended or designed primarily for residential use, area, width and location requirements shall be the same as for dwellings in the R-3 zone. (And except that no area and width requirements shall apply to dwellings located above the ground floor when said ground floor is devoted exclusively to a commercial service use permitted in this zone). " SHALL READ: 'All buildings and structures in the C-2, Commercial -residential Zone, shall be set back at least twenty-five (25) feet from any public street. Area, width and location requirements for buildings arranged, intended or designed primarily for residential use, shall be setback from the front property line a distance of at least twenty five (25) feet. Minimum side yards shall be at least eight (8) feet or less by conditional use permit, with a minimum rear yard setback of fifteen (15) feet. Street -side setbacks for corner lots shall be no less than twenty (20) feet in width. No area and width requirements shall apply to dwellings located above the ground floor when the ground floor is devoted exclusively to a commercial use permitted in the zone Lot coverage of the principal use shall not exceed fifty (50) percent of the total lot area." AND THAT, Chapter 17.27.020 Use regulations, THAT NOW READS, "27. Dwellings and apartment houses require conditional use approval, except that dwellings above the ground floor shall be permitted. The conditions for permitting dwellings, apartments and court apartments include the following: They shall follow the area, width and location requirements of the R-3 zone, they shall be located at least one hundred fifty feet from a major street or highway and they shall follow other conditions deemed necessary by the planning commission and city council;" SHALL READ: 27. Dwellings and apartment houses require conditional use approval as described in Chapter 17.09.530, Conditional Uses." AND THAT, Chapter 17.27.030 Area, width and location requirements, THAT NOW READS, Ordinance #2008-24 Page 2 of 3 n fl fl "There shall be no area, width and location requirements for commercial and service buildings and structures, except for gasoline pumps and, except that all buildings and structures shall be set back at least twenty-five feet from any public street." SHALL READ: "All buildings shall have a minimum front yard setback of twenty-five (25) feet and may be constructed to a zero side and rear lot line setback in accordance with the adopted building code. Convenience stores with gasoline pumps shall be set back at least twenty-five (25) feet from any public street or side or rear lot line. No area and width requirements shall apply to residential uses located above the ground floor when said ground floor is devoted exclusively to a commercial use permitted in this zone. Lot coverage of the principal use shall not exceed fifty (50) percent of the total lot area." 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 14th day of October, 2008. David L. Sakrison, Mayor ATTEST: K j creit-f> Rachel Ellison, Recorder Ordinance #2008-24 Page 3 of 3