HomeMy Public PortalAboutORD-CC-2008-11ORDINANCE #2008-11
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION
17.90 THROUGH THE ADDITION OF LANGUAGE FOR HISTORIC PRESERVATION
WHEREAS, the City of Moab General Plan ("General Plan" or "Plan") was adopted by
the Moab City Council on January 8, 2002, with Resolution # 01-2002, and serves as the
comprehensive guide to development within the City of Moab; and
WHEREAS, Title IV, Historic Districts/Historic Conservation Areas, of the Plan discusses
the need for preserving our historical heritage through the goal: "To preserve and
enhance the historic quality and character of Moab and surrounding area, and to
recognize and maintain the attractiveness of older residential neighborhoods and of the
central business district that presents a "sense of place" unique to Moab."
WHEREAS, the Moab City Planning Commission of the City of Moab (the Commission)
held a duly advertised public hearing on February 28, 2008 to hear public comment
concerning the proposed amendment to Title 17 of the Moab City Municipal Code (the
"Code") through the addition of a new section promoting Historic Preservation;
WHEREAS, the Commission found that the Code amendment promotes the health,
safety, morals, convenience, order, prosperity, and general welfare of the present and
future inhabitants of the City of Moab through implementing tools for public education
and the conservation of the historic heritage of Moab, Utah; and
WHEREAS, due notice was given that the Moab City Council ("City Council") would
meet to hear and consider this ordinance on March 25, 2008; and
WHEREAS, the Moab City Council (Council) has heard and considered all evidence and
testimony presented with respect to the code amendment 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;
WHEREAS, Council desires to encourage preservation and rehabilitation of existing
structures; encourage new development in historic areas; express compatibility with the
historic character and integrity of those areas; and encourage and support preservation
efforts by nonprofit organizations and individuals.
NOW THEREFORE, Council, in accordance with Section IV, Historic Districts/Historic
Conservation Areas, of the General Plan hereby amends Chapter 17, Zoning, through the
adoption of the following new Chapter 17.80, Historic Preservation and declares as a matter of public
policy that the protection, preservation, and enhancement of the City's cultural, historic, and
architectural heritage is essential to public health, safety and welfare.
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17.90 Historic Preservation.
(a) Purpose. The purpose of this section is to enhance our community's local resources
and to promote the public interest in historic preservation through:
(1) The protection and preservation of the City's architectural, historic and
cultural heritage, as embodied in designated historic structures, sites and
districts, by appropriate regulations and incentives;
(2) The establishment of a City register listing designated structures, sites, signs,
and districts; and,
(3) The provision of educational opportunities to increase public appreciation of
Moab's unique heritage.
(b) Board Established. The City Council creates an historic preservation board, referred
to in this section as the "board," which shall have principal responsibility for matters of
historic preservation.
(1) Membership. The board shall consist of seven (7) members, which shall be
made up from representatives from Grand County Historical Preservation
Commission, Moab Cultural Center, Planning Commission, and the Chamber of
Commerce, as well as three (3) at large positions. There shall be no requirement
that the three (3) at large positions be property owners within the City of Moab,
but the three at large members shall be residents of the Grand County. Persons
who have an interest and knowledge of local history and culture are especially
encouraged to apply.
(2) Appointments and Terms of Office. Members of the board shall be appointed
by the City Council and shall serve three (3) year staggered terms from the date
of their appointment.
a. Members may continue to serve until their successors have been
appointed. Appointments to fill the vacancies on the board shall be made
by the City Council. All members of the board shall serve without
compensation except for such amounts determined appropriate, in
advance, by the City Council to offset expenses incurred in the
performance of their duties. Members of the board may be removed by
the City Council without cause being stated.
b. Until such time that the members of the board are appointed, City
Council shall act as the board.
(3) Quorum and Voting. A quorum for the board shall consist of four (4)
members. A quorum is necessary for the board to conduct business, including
holding a public hearing. A roll call vote shall be taken upon the request of any
member. A tie vote shall be deemed a denial of the motion or recommended
action.
(4) Officers. The board shall, by majority vote, elect one (1) of its members to
serve as chairperson to preside over the board's meetings and one (1) member
to serve as the vice -chairperson. The members so designated shall serve in
these capacities for terms of one (1) year.
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(5) Meetings. The board shall establish a regular meeting schedule. Minutes shall
be kept of all board proceedings. The board shall conduct its business in
accordance with the Public Meetings Acts, Public Records Act and other laws
applicable to local public bodies.
(6) Powers and Duties. The board shall after solicitation of public comment and
at a properly noticed public meeting:
a. Recommend eligibility criteria for the designation of historic resources
and for review of proposals to alter designated resources.
b. Review and determine qualifications of properties nominated for
designation as either an historic structure, site or district and recommend
to City Council approval or denial of a designation.
c. Upon a property owners request, review and make recommendations
to the owner(s) on proposed alterations to a designated historic structure,
site or district.
d. Advise and assist owners of historic properties on physical and
financial aspects of preservation, renovation, rehabilitation and reuse,
including nomination to the City Register, the State Register and the
National Register of Historic Places.
e. Develop and assist in public education programs including, but not
limited to, walking tours, brochures, and a marker program for historic
properties, lectures, exhibits, and conferences.
f. Conduct surveys of historic sites, properties, and areas for the purpose
of defining those of historic significance, and prioritizing the importance of
identified historic areas.
g. The board may create a list of structures of historical or archaeological
merit, which have not been designated.
h. Advise the City Council on matters related to preserving the historic
character and substance of the City and recommend easements,
covenants, licenses and other methods which would implement the
completion of purposes of this code.
i. Actively pursue financial assistance for preservation -related programs.
j. The board shall propose to the City Council bylaws, as the board deems
necessary.
k. Recommend to City Council the establishment of construction and
design standards for new construction within designated historic districts,
and the renovation or alteration of historic structures.
(c) City Registry Established. The City Council establishes the City Register of Historic
Sites. Structures or districts may be listed on the register only if the site, structure or
district has been designated by the City Council following recommendation by the board.
All properties listed on the National or State Register are eligible for the City register but
are not designated until approval, pursuant to this section, is obtained.
(d) Designation of Historic Structures, Sites and Districts. Pursuant of the
procedures set forth in this section, the City Council may, by resolution:
Ordinance #2008-11 Page 3 of 9
(1) Designate as historic an individual structure, site or other feature or an
integrated group of structures and features on a single lot or site having a special
historical or architectural value; or
(2) Designate as an historic district an area containing a number of structures or
sites having a special historical or architectural value.
(3) Each such designation shall include a description of the characteristics of the
structure, site or historic district which justify its designation and a description of
the particular features that should be preserved, and shall include a legal
description of the location and boundaries of the historic structure, site or district.
(4) No individual structure or site will be designated without the consent of all
owners of record and the provisions of this section.
(5) The purpose and effect of designation is:
a. To assist local groups interested in preservation of physical structures,
sites or districts, and to recognize locally significant structures, sites or
districts;
b. To provide a mechanism to educate the public on local history,
development of the community, architectural styles, and housing and
business development;
c. To enable the owners of the property in the City to take advantage of
historic preservation programs and opportunities; and
d. To make all properties listed on the City registry eligible for such
incentive programs as may be developed.
(e) Procedures for Designating Historic Structures, Sites and Districts for
Preservation. A nomination for designation listing in the City register may be made by
the board or by any citizen by filing an application with the zoning administrator. The
applicant shall pay all public notice expenses, recording fees and any other fees
established by resolution of the City Council. The initial application fee is established at
seventy-five ($75.00) dollars.
(1) Board Review.
a. Once it has been determined that the application for historical
designation is complete, and the requirement for public hearing has been
met, the Planning Department shall forward the request to the board of
historic preservation to be placed on the agenda for the next regularly -
scheduled meeting. The hearing on the requested designation will occur
not more than ninety (90) days from the date of determination that the
application is complete.
b. The board shall review the application for conformance with the
established criteria for designation and with the purposes of this section.
c. Within ten (10) days after the conclusion of the public hearing, but in no
event more than thirty (30) days after the meeting, unless mutually
agreed by the board, the applicant and the owner or owners other than
the applicant, the board shall recommend either approval, modification
and approval or disapproval of the application. The board may
recommend approval conditional upon the execution of certain
easements, covenants, or licenses.
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d. The board shall forward to the City Council in writing any
recommendations as to easements, covenants, or licenses that must be
met by the property owner to receive and/or maintain the designation.
(2) City Council Review.
a. The City Council shall hold a public hearing on the designation
application no more than thirty (30) days after receipt of the board's
recommendation.
b. The City Council shall review the application for conformance with the
established criteria for designation and with the purpose of this section.
(3) Owner Notification. When a structure, site or historic district has been
designated as provided herein, the Zoning Administrator shall promptly notify the
record owners of the property, according to the County Assessor's records or
other available information, and record the designation with the county clerk and
recorder.
(4) Limitation on Resubmission and Reconsideration of Proposed
Designation. Whenever the City Council disapproves a proposed designation,
no person shall submit an application that is the same or substantially the same
for at least one (1) year from the effective date of the final action on the denied
application.
(f) Criteria for Designation. The board and City Council will consider the following
criteria in reviewing nominations of properties for designation.
(1) Structures. Structures must be at least fifty (50) years old and meet one (1) or
more of the following criteria for architectural, cultural or geographic and
environmental significance. A structure can be exempted from the age standard if
the council finds it to be exceptionally important in other criteria.
(2) Architectural, Cultural or Geographic/ Environmental Criteria. Historic
structures or sites shall meet one (1) or more of the following criteria in order to
be considered for designation.
a. Architectural:
1. Exemplifies specific elements of an architectural style or period;
2. Is an example of the work of an architect or builder who is
recognized for expertise nationally, state-wide, regionally or
locally;
3. Demonstrates superior craftsmanship or high artistic value;
4. Represents an innovation in construction, materials or design;
5. Represents a built environment of a group of people in an era of
history;
6. Exhibits a pattern or grouping of elements representing at least
one (1) of the above criteria;
7. Is a significant historic remodel.
b. Cultural:
1. Is a site of an historic event that had an effect upon society;
Ordinance #2008-11 Page 5 of 9
2. Exemplifies cultural, political, economic or ethnic heritage of the
City; or
3. Is associated with a notable person or the work of a notable
person.
c. Geographic/Environmental:
1. Enhances the sense of identity of the City; or
2. Is an established and familiar natural setting or visual feature of
the City.
(3) Prehistoric and Historic Archaeological Structures or Sites. Prehistoric
and historic archaeological structures or sites shall meet one (1) or more of the
following:
a. Architectural:
1. Exhibits distinctive characteristics of a type, period or manner of
construction; or
2. Is a unique example of structure.
b. Cultural:
1. Has the potential to make an important contribution to the
knowledge of the area's history or prehistory;
2. Is associated with an important event in the area's
development;
3. Is associated with a notable person(s) or the work of a notable
person(s);
4. Is a typical example or is associated with a particular ethnic or
other community group; or
5. Is a unique example of an event in local history.
c. Geographic/Environmental.
1. Is geographically or regionally important.
(4) General Criteria. Each property will also be evaluated based on physical
integrity using the following criteria (a property need not meet all the following
criteria):
a. Shows character, interest or value as part of the development, heritage
or cultural characteristics of the community, region, state or nation;
b. Retains original design features, materials and/or character;
c. Is in the original location or same historic context if it has been moved;
d. Has been accurately reconstructed or restored.
(g) Historic Districts.
(1) For the purposes of this section, a district is a geographically definable area
including a concentration, linkage or continuity of sites, buildings, structures
and/or objects. A district is related by a pattern of either physical elements or
social activities.
(2) Significance is determined by applying criteria to the pattern(s) and unifying
element(s).
Ordinance #2008-11 Page 6 of 9
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(3) Nominations will not be approved unless the application contains written
approval from owners of at least seventy (70) percent of the properties
within the district boundaries.
(4) Properties that do not contribute to the significance of the historic district
may be included within the boundaries as long as the noncontributing
elements do not noticeably detract from the district's sense of time, place
and historical development. Noncontributing elements will be evaluated
for their magnitude of impact by considering their size, scale, design;
location, and/or information potential.
(5) District boundaries will be defined by visual changes, historical
documentation of different associations or patterns of development, or
evidence of changes in site type or site density as established through
testing or survey.
(6) When districts are designated, applicable design guidelines and other
appropriate restrictions may be included as part of the designation.
(7) In addition to meeting at least one (1) of the criteria outlined in subsection
(g)(8) below, the designated contributing sites and structures within the
district must be at least fifty (50) years old. The district could be exempt
from the age standard if the resources are found to be exceptionally
important in other significant criteria.
(8) Historic districts shall meet one (1) or more of the following:
a. Architectural:
1. Exemplifies specific elements of an architectural style or period;
2. Is an example of the work of an architect or builder who is
recognized for expertise nationally, state-wide, regionally or
locally;
3. Demonstrates superior craftsmanship or high artistic value;
4. Represents an innovation in construction, materials or design;
5. Represents a built environment of a group of people in an era of
history;
6. Exhibits a pattern or grouping of elements representing at least
one of the above criteria; or
7. Is a significant historic remodel.
b. Cultural:
1. Is the site of an historic event that had an effect on society;
2. Exemplifies cultural, political, economic or social heritage of the
community; or
3. Is associated with a notable person(s) or the work of a notable
person(s).
c. Geographic/environmental:
1. Enhances sense of identity of the community; or
2. Is an established and familiar natural setting or visual feature of
the community.
d. Archaeology/subsurface:
1. Has the potential to make an important contribution to the
area's history or prehistory;
Ordinance #2008-11 Page 7 of 9
2. Is associated with an important event in the area's
development;
3. Is associated with a notable person(s) or the work of a notable
person(s);
4. Has distinctive characteristics of a type, period or manner of
construction;
5. Is of geographical importance.
(h) Review of Alterations. The owner is requested to consult with the board before
making any alteration. The board shall determine if the alteration is compatible with the
designation and by resolution, make a recommendation to the Council. Property owners
making alterations or constructing new buildings on their property that are adjacent to
registered building, landmarks, or districts are requested to consult with the board prior
to beginning construction. For this section, the term "alteration" shall mean any proposed
modification to a designated historic site, structure or district, that could have an affect
on the character of the historic resources relative to the criteria by which it was
designated. Examples of alterations for structures may include additions, any exterior
modifications, including signage to be affixed to the facade, and any interior
modifications that may affect the characteristics for which the structure was designated.
The board shall make its review as per the time line in subsection (e)(1), Board Review,
of this section.
(1) Criteria to Review Alterations. In reviewing a proposed alteration, the board
shall consider the project in terms such as design, finish, material, scale, mass
and height. When the subject site is in an historic district, the board must also
find that the proposed development is visually compatible with the development
on adjacent properties, as well as any guidelines adopted as part of the given
historic district designation. For this section, the term "compatible" shall mean
consistent with, harmonious with and/or enhances the mixture of complementary
architectural styles either of the architecture of an individual structure or the
character of the surrounding structures. The board will use the following criteria
to determine compatibility of a proposed alteration:
a. The effect upon the general historical and architectural character of the
structure and property;
b. The architectural style, arrangement, texture and material used on the
existing and proposed structures and their relation and compatibility with
other structures;
c. The size of the structure, its setbacks, its site, location and the
appropriateness thereof, when compared to existing structure and the
site;
d. The compatibility of accessory structures and fences with the main
structure on the site, and with other structures;
e. The effects of the proposed work in creating, changing, destroying, or
otherwise impacting the exterior architectural features of the structure
upon which such work is done;
f. The condition of existing improvements and whether they are a hazard
to public health and safety; or
g. The effects of the proposed work upon the protection, enhancement,
perpetuation and use of the property.
Ordinance #2008-11 Page 8 of 9
(I)
(2) Existing non -conforming single family residential uses in buildings located in
the C-3 Zone that have been granted historic designation as per this chapter,
may expand as allowed through an approved conditional use permit.
Approval of the expansion is contingent upon the applicant receiving approval
from both the Historic Preservation Board as well as the Planning
Commission and the City Council. The review process for the conditional use
permit shall follow the requirements of Chapter 17.09.530. Additional criteria
that shall be used to determine appropriateness of the alteration(s) include:
(1) The expansion shall not be greater than 25% of the total net floor area
of the structure
(2) Proof that the structure was used and has continued to be used as a
residence prior to the adoption of the original zoning code on December 31,
1958.
(3) The addition shall be completed in a manner that will enhance and
accent the historic character of the home with minimal alterations to the
facade.
(4) The requirements of the latest adopted revision of the building code
shall be met.
Revocation of Designation. If a building or special feature on a designated
site has been altered in such a way so as to negate the features necessary to
retain designation, the owner may apply to the board for a revocation of the
designation or the board shall recommend revocation of the designation to
the City Council in the absence of the owner's application to do so.
PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open
session this 25th day of March, 2008.
ATTEST:
Rachel Ellison
Moab City Recorder
Dave Sakrison
Mayor of Moab City
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