General Information

Government Type

Municipality

Entity

Moab

Public Body

Notice of Ordinance Adoptions

Notice Information

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Notice Title

Ordinance 2026-19

Notice Tags

'vendors'

Notice Type(s)

Notice

Event Start Date & Time

October 14, 2026 08:00 AM

Description/Agenda

CITY OF MOAB ORDINANCE 2026-19 AN ORDINANCE AMENDING THE TEXT OF THE MOAB MUNICIPAL CODE SECTION 12.08.060 TO UPDATE THE PROCESS BY WHICH THE CITY GRANTS EXEMPTIONS TO ITS REQUIREMENTS GOVERNING THE CONSTRUCTION OF SIDEWALKS, CURBS, AND GUTTERS TO HIGHWAY COMMERCIAL PROPERTIES WHEREAS, Moab City ('City') is a municipality and has authority to adopt land use regulations pursuant to Utah Code § 10-20-501 accordance with the Municipal Land Use, Development, and Management Act, Title 10, Section 20, Utah Code; and WHEREAS, the Council deems it necessary to amend its land use ordinances to update the City's procedures under Section 12.08.060 of the Moab Municipal Code, which govern the process by which the City grants exceptions to its requirements governing the construction of sidewalks, curbs, and gutters (collectively, the 'Proposed Action'); and WHEREAS, the Moab City Planning Commission held a public hearing on September 24th, 2026 to consider the Proposed Action in accordance with Utah Code §§ 10-20-205 and 10-20-502; and WHEREAS, the Moab Planning Commission issued a positive recommendation to the City Council regarding the Proposed Action; and WHEREAS, the City Council desires to enact the Proposed Action. BE IT ORDAINED BY THE MOAB CITY COUNCIL as follows: 1. Amendment. Section 12.08.060 of the Moab Municipal Code is repealed in its entirety and replaced with the language set forth in Exhibit A. 2. Severability. If a court of competent jurisdiction determines that any part of this Ordinance is unconstitutional or invalid, then such portion of this Ordinance, or specific application of this Ordinance, shall be severed from the remainder, which shall continue in full force and effect. 3. Direction to Staff. City staff are authorized and directed to take such steps as may be needed: (a) for this ordinance to become effective under Utah law, including but not limited to compliance with the requirements of Utah Code § 10-3-711; and (b) to finalize and post the ordinance, including but not limited to making non-substantive edits to correct any scrivener's, formatting, and numbering errors. 4. Effective Date. This Ordinance will take effect immediately pursuant to Utah Code § 10-3-712. [execution on following page] PASSED AND ADOPTED this ____ day of ______ October 2026. MOAB CITY COUNCIL __________________________ By: Joette Langianese, Mayor ATTEST ___________________________ Sommar Johnson, Recorder EXHIBT A Section 12.08.060 of the Moab Municipal Code is repealed in its entirety and replaced to read as follows: 12.08.060 Sidewalks, curbs and gutters required at time of construction. A. Sidewalks, curbs and gutters, and street paving shall be installed along all street frontage of any building lot at the time of construction upon that lot unless the City Manager grants an exception under 12.08.061. B. The City Engineer shall determine the location and specifications for said sidewalks, curbs and gutters, and streets. C. The property owner or their agent, servant, contractor, or employee shall complete all construction of streets, sidewalks, curbs and gutters at the time of final inspection by the building inspector unless the City Manager grants an exception under 12.08.061. 12.08.061 Exceptions to Sidewalk, curb, and gutter requirements. A. Fee-in-Lieu 1. Residential. If the lot frontage meets all the following criteria, the City Manager may grant an exception where the property owner pays a fee in lieu of construction. Those criteria are: a. The lot is a single-household use; b. The construction of the street, curb and gutter, and sidewalks is inconsistent with the street character; i. The fee-in-lieu for a property meeting the above criteria shall be calculated for the frontage length of the property or 200 Linear Feet, whichever is less. 2. Commercial, Residential, Industrial. If the lot frontage meets all the following criteria, the City Manager may grant an exception where the property owner pays a fee in lieu of construction. Those criteria are: a. The frontage of the lot exceeds two hundred lineal feet; b. Lot is within an Industrial, Residential, or Commercial Zone c. The construction of the street, curb and gutter, and sidewalks is inconsistent with the street character i. The fee-in-lieu for a property meeting the above criteria shall be calculated for the frontage length of the property. 3. Highway Commercial If the lot meets all the following criteria, the City Manager may grant an exception where the property owner pays a fee in lieu of construction. Those criteria are: a. The lot has frontage on a highway; b. Site constraints limit placement in line with policy or existing sidewalk based on the judgment of the City Engineer. i. The fee-in-lieu for a property meeting the above criteria shall be calculated for the frontage length of the property. B. The City Manager shall determine the fee in lieu of construction, which shall be an amount equal to a percentage, as specified in the Master Fee Schedule, Chapter 3.50, of the estimated cost of constructing the required improvements as specified in the applicable Fee-in-lieu section . Those funds shall be submitted by the property owner to the City for deposit into a street fund for future use to develop and repair sidewalks, curbs and gutters, pedestrian trails, and streets within the City. The City Engineer shall calculate the lineal foot costs for construction of the required construction improvements by consulting licensed contractors in the area. C. Exemption. Notwithstanding subsection (A) of this section, the City Manager shall grant an exception to the requirements of this section and shall not require a fee in lieu of construction if the following criteria are satisfied: 1. The entire street where the lot or property is located is unpaved in its entirety; 2. The City has not previously collected a fee in lieu or similar fee from other lot or property owners on the street to pay for the construction of sidewalks, curbs, and gutters on the street; and 3. The street where the lot or property is located is not subject to a project the City has approved to pave or otherwise improve the street. SUMMARY OF MOAB CITY ORDINANCE 2026-19 On October ___, 2026, the Moab City Council enacted Ordinance 2026-19amending Moab Municipal Code Section 12.080.060, updating the process by which the City grants exemptions to the City's requirements regarding the construction of sidewalks, curbs, and gutters. MOAB CITY COUNCIL __________________________ By: Joette Langianese, Mayor ATTEST ___________________________ Sommar Johnson, Recorder A complete copy of Ordinance 2026-19 is available in the Moab City offices located at 217 E. Center Street, Moab, UT 84532.

Notice of Special Accommodations (ADA)

In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting.

Notice of Electronic or Telephone Participation

N/A

Meeting Information

Meeting Location

217 E. CENTER ST.
MOAB, UT 84532
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Contact Name

Sommar Johnson

Contact Email

sommar@moabcity.org

Contact Phone

(435)259-2683

Notice Posting Details

Notice Posted On

October 14, 2026 09:29 AM

Notice Last Edited On

October 14, 2026 09:29 AM

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