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HomeMy Public PortalAboutORD-CC-2008-22n ORDINANCE # 2008-22 AN ORDINANCE ESTABLISHING A SIX-MONTH TEMPORARY ZONING REGULATION PROHIBITING THE ERECTION OR CONSTRUCTION OF ANY STRUCTURE OVER 28 FEET IN HEIGHT IN ANY RESIDENTIAL ZONE WHEREAS, Moab Municipal Code Section 17.12.180 provides that no building shall exceed a height of forty feet; and WHEREAS, the height of a building is measured according to the definitions of height and grade plane as provided for in the International Building Code; and WHEREAS, there have been built or relocated within city residential zones a number of residential structures that meet or approach this city-wide height limit; and WHEREAS, the City has been made aware of potential negative impacts of structures over 28 feet on surrounding uses and structures in residential zones; and WHEREAS, potential negative impacts of such structures include impacts on solar gain and loss, loss of privacy for existing adjacent structures due to proximity issues and setback allowances, obstruction of site lines and views, incompatibility with surrounding neighborhoods and uses, and other potential impacts; and WHEREAS, the City's current land use and zoning regulations may be inadequate to deal with potential negative impacts caused by single-family and two-family buildings over 28 feet in height; and WHEREAS, providing affordable housing is an immediate and over-riding concern within the City of Moab; and WHEREAS, multi -family housing can be a cost-effective mechanism to provide affordable housing within the City of Moab; and WHEREAS, the construction of multi -family housing in zones that allow such structures should be encouraged within the parameters of existing zoning regulations and should not be subject to delays or additional restrictions at this time; and WHEREAS, the continued development of any structures in excess of 28 feet in height, in the absence of appropriate development conditions and/or mitigation measures, may have an appreciable detrimental impact on the character of residential neighborhoods; and WHEREAS, further analysis is needed in order to develop appropriate conditions, mitigation measures and/or restrictions for the development of any structure greater than 28 feet in height in residential zones ; and Ordinance #2008-22 Page I of 2 WHEREAS, the City requires up to six months to engage in the research and planning process to develop the aforementioned zoning regulations and mitigation measures. NOW, THEREFORE, WE the governing body of the City of Moab do hereby ordain as follows: 1. The erection or construction of any structure over 28 feet in height, measured according to the definitions of height and grade plane as provided for in the International Building Code, is hereby prohibited in all residential zones within Moab City limits during the effective period of this ordinance. 2. No development applications shall be accepted and no building permits shall be issued for any structure over 28 feet in height in any residential zone within Moab City limits during the effective period of this ordinance, except that building permits may be issued for development projects that have received preliminary Subdivision, Master Planned Development, or Planned Unit Development approval from the City prior to the adoption of this ordinance. 3. The City of Moab Zoning Administrator shall be authorized to enforce this ordinance. 4. This ordinance shall take effect immediately upon passage and shall expire no later than six months following the effective date of this ordinance, unless rescinded upon action of the goveming body. PASSED AND APPROVED THIS loth DAY OF June, 2008. Attest: Rachel Ellison, City Recorder David L. Sakrison, Mayor Ordinance #2008-22 Page 2 of 2