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Commission opens study on Providence code 10-8-4 (height): staff to research enforcement, fire and county rules
Summary
The planning commission studied Providence City Code 10-8-4 (height) after builders and residents flagged ambiguity between the written standard and the diagram; commissioners directed staff to gather county, fire marshal and peer-city information and report back.
Providence City Planning Commission continued a study of city code 10-8-4 (height) after discussion about a conflict between the ordinance text and the illustrative diagram and concerns from builders and neighbors about inconsistent enforcement and the impact of sloped lots.
Commissioner Bob Washburn introduced the item following prior comments from local builder Nathan (Nate) Balstead. Staff and commissioners outlined the apparent discrepancy: the code’s written language measures building height from “the highest point of the roof” down to an average finished grade around the building perimeter, while the included graphic in the code appears to use a midpoint method (halfway up the roof) for measuring roof height. Commissioners and builders said the conflict creates uncertainty, particularly on lots with significant grade changes, and can lead to retaining walls, imported fill, plan revisions and delays that increase project costs.
Builder Nathan Balstead said he sees the 35-foot height limit commonly used in municipalities and is not opposed to that numeric limit; his concern is enforcement based on “average finished grade,” which can make identical houses on opposite sides of a sloped street conform differently. Balstead said some builders respond by raising side grades or constructing retaining walls to meet an “average” measurement, adding cost and sitework. Commissioners noted similar examples where lot grading after certificate of occupancy caused neighbors to raise concerns about changed finished grade.
Staff said they have queried Cache County building officials and the fire marshal (Aaron Walker) and will continue contacting county building staff, the county fire marshal and peer cities (examples cited included mountain towns and Lehi/Traverse Mountain issues) to determine how others measure and enforce height limits and whether life-safety codes drive specific numeric limits. Scarlett (planning staff) confirmed the commission can ask staff to correct a conflicting graphic to match code language as a cleanup item, but substantive changes to how height is measured should follow formal amendment procedures and include consultation with the county building office and the fire marshal.
After discussion commissioners moved to continue study and requested staff research: (1) county building-code practice for finished-grade measurement, (2) the fire marshal’s view on life-safety implications of height limits, (3) peer-city approaches (particularly hillside/mountain communities), and (4) the code graphic cleanup or other drafting fixes. Scarlett accepted the assignment. Commissioners voted to continue the item and requested a staff report at a future meeting.
Votes/Actions at the meeting: the commission voted to continue study of Providence City Code 10-8-4 (height), to have staff contact county building officials and the fire marshal for guidance, and to return with a staff report.
