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A. Variances--Exceptional Conditions. In cases where unusual topographic or other exceptional conditions would pose a hardship on the applicant, variances from the strict requirements of this chapter may be made by the appeal authority prior to final plat/plan review. Staff shall provide a recommendation with respect to the proposed variance. The appeal authority may grant a variance; provided, that it will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter.

B. Accessory Dwelling Units Prohibited. Accessory dwelling units, as defined in the Moab Municipal Code, are not permitted within a PAD development.

C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or amendment to an approved PAD plat must be reviewed in conformity with the procedures and standards applicable under Utah law. An amendment that would violate one or more provisions of this chapter or applicable development approvals may be grounds for denial.

D. Decision Matrix. Decisions under this chapter shall be made by the following:

Application/Action

Advisory Body

Land Use Authority

Appeal Body

Required Public Hearing

Prelim. Plat/ Prelim. Site Plan

City Staff

Planning Commission

AA**

Yes, (PC)

Final Plat/Site Plan

City Staff

City Council

District Court

No

**“AA” means the appeal authority, as specified in Section 17.72.120.

E. Proof of Service Availability for Non-City Authorities. Where the City is not able to provide culinary water or wastewater service to a proposed development, the applicant will be required to provide a current letter from the water or wastewater service provider demonstrating that water and wastewater service is available to the subject site. (Ord. 19-02 (part), 2019)