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HomeMy Public PortalAboutORD-CC-2008-32n ORDINANCE # 2008-32 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE BY REPEALING CHAPTER 17.39, R&D-1, RESEARCH AND DEVELOPMENT ZONE AND AMENDING THE ALLOWED USES IN THE C-4 COMMERCIAL ZONING DISTRICT WHEREAS, the City of Moab General Plan ("General Plait) was adopted by the Moab City Council on January 8, 2002, with Resolution # 01-2002, to serve as the guide for land development decisions; and WHEREAS, Titles 15, Buildings and Construction, 16, Subdivisions, and Title 17, Zoning, of the Moab Municipal Code were adopted to implement the General Plan with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to review those unused or abandoned sections of the Municipal Code and to simplify the language in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, City Staff has identified that there are specific superfluous zones as established in Title 17, Zoning, that must be repealed; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2008-32 during a public hearing held on August 14, 2008, and subsequently recommended to Council, adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on October 14, 2008 to decide the merits of the proposed ordinance; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, specifically, Chapter 17.39, R&D-1 Research and Development Zone is hereby repealed and that Chapter 17.27.020, Use Regulations for the C-4 Zone is hereby amended by the addition of the allowed uses of the R&D-1 Zone to read as follows: The following uses shall be permitted in the C-4 general commercial zone: 1. Retail establishments and service enterprises; 2. Office buildings; 3. Auto body and fender shops, auto painting, welding and sheet metal shops, electrical appliance shops, plumbing shops, carpenter shops, hardware and retail lumber yards, and assembly of appliances from previously prepared parts; 4. Service stations; 5. Beer parlors and alcohol dispensing establishments; 6. Fraternity buildings, clubs, lodges; 7. Funeral establishments, mortuaries and churches; 8. Used car lots, farm equipment sales establishments and parking lots (commercial); 9. Engraving and printing establishments, stone and monument sales establishments, taxidermy shops and secondhand stores; 10. Gymnasiums or physiculture establishments; 11. Home occupations (city council approval not required); 12. Pawnshops; 13. Motels and lodging establishments; 14. Cafes, restaurants and food drive-ins; 15. Utility buildings, schools, hospitals and other public buildings; 16. Signs; 17. Wholesale establishments with stock on premises; 18. Trucking companies subject to city council approval; 19. Auction houses; 20. Caretaker dwellings; 21. Manufacturing, compounding and processing; 22. Pasturing of animals; 23. Recreational vehicle courts subject to requirements set forth in Title 15 of this code; 24. Warehouses, garages, storage buildings and accessory buildings; 25. 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; 26. Public and private research establishments; 27. Laboratories, but not including activities which are hazardous by reason of explosion, fire or other danger; AND, FURTHER THAT the uses of Tire recapping and Temporary revival tents are repealed and removed from the uses of the C-4 Zone. IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on October 28, 2008. SIGNS atfit David L. Sakrison, Mayor Rachel Ellison, Recorder Ordinance #2008-32