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