17.55.060 Hillside development permit required.
A. All major development on slopes in excess of fifteen percent shall require a hillside development permit granted by the City Council prior to any excavation or construction activity. The Planning Commission shall first review proposed development and make a recommendation to the City Council.
B. All minor development on slopes greater than fifteen percent shall require a hillside development permit granted by the City Council prior to any excavation or construction activity. The Planning Commission shall first review the proposed development and make a recommendation to the City Council.
C. Government Exemptions. Exemptions to this chapter may be granted to government agencies under the following guidelines. Proposed development by the City of Moab and other government agencies, are required to submit the appropriate documentation as established in Section 17.55.070. The application shall be submitted to city staff for review and recommendation to the City Council. Subsequent to review of the proposed project by staff, City Council shall evaluate the project at the next available meeting. In granting an exemption, the City Council may prescribe appropriate reasonable conditions and safeguards to ensure compliance with the requirements of the Moab land development regulations.
Exemptions apply to necessary development of various public works and community development projects including, but are not limited to, flood control structures such as dams and retaining walls, water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. In the application of this section, Council shall have the authority to grant exemptions to any of the requirements of this chapter by applying the following review criteria:
1. The establishment, maintenance or operation of the proposed exemption is not detrimental or injurious to the use and enjoyment of existing uses on adjacent properties;
2. The establishment, maintenance or operation of the proposed special exception use or structure will not cause traffic hazards in the vicinity;
3. Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking;
4. Adequate public facilities and services are available for the proposed special exception use or structure;
5. The application meets all special requirements as detailed within the zoning ordinance for the specific special exception if any apply;
6. The use will not be detrimental to the public health, safety or welfare;
7. The location, nature and height of each building, wall and fence, the nature and extent of landscaping on the site and the location, size, nature, and intensity of each phase of the use and its access streets will be compatible with the appropriate and orderly development of the district in which it is located;
8. The proposed use will not conflict with an existing or programmed public facility, public service, school, or road;
9. The proposed use has the written recommendations and comments of the public works and engineering departments;
10. The applicant has presented sufficient evidence of public need for the use.
D. Permit approval under this section shall not be required for preliminary plats that have been approved by the City Council prior to the adoption of the ordinance codified in this chapter.
E. Upon review of a permit application for either major or minor development the Planning Commission may, in addition to recommending approval or denial of the application, submit to the City Council recommendations as to conditions to be attached to the permit to mitigate specific adverse impacts associated with the application.
F. The City Council may approve the application as submitted; approve subject to conditions; or deny the permit in full where the development does not meet the standards of this chapter or other provisions of the Municipal Code. (Ord. 10-01, 2010)