A.   This title shall be known as and shall be entitled the AMENDED ZONING ORDINANCE OF THE CITY OF MONTICELLO, UTAH, dated February 27, 2024, and may be so cited and pleaded.

   B.   It is the intent and purpose of the city council of Monticello, Utah, to promote the health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of the city by guiding development within said city in accordance with a comprehensive plan which plan has been designed:

      1.   To encourage and facilitate orderly growth and development in the area;

      2.   To promote safety from fires, floods, traffic hazards and other dangers;

      3.   To promote sanitation and health of the inhabitants;

      4.   To discourage undue scattering of population and unnecessary expenditures of the monies for excessive streets, water and sewer lines, and other public requirements;

      5.   To stabilize and improve property values;

      6.   To protect the residents from objectionable noise, odor, dust, fumes, and other deleterious substances or conditions;

      7.   To promote a more attractive and wholesome environment. It is also the intent and purpose of the city council of Monticello that the regulations and restrictions as set forth in this title shall be interpreted and construed as to further the purposes of this title. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

In establishing the zones, the boundaries thereof and regulations and restrictions applying within each of the zones, due and careful consideration was given, among other things, to the suitability of the land for particular uses and to the character of the zone with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

   A.   In interpreting and applying this title, the provisions thereof shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare.

   B.   Except as specifically herein provided, it is not intended by the adoption of the ordinance codified herein to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued, pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with, abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction than is imposed or required by other existing provisions of law or ordinance, the provisions of this title shall control. (Ord. 2012-01, 7-10-2012; amd. Ord. 11-29-2022; Ord. 2024-02, 2-27-2024)

ACCESSORY BUILDING: See BUILDING, Accessory

ACCESSORY DWELLING UNIT: See DWELLING, Detached Accessory Dwelling Unit and DWELLING, Internal Accessory Dwelling Unit.

ADVERSELY AFFECTED PARTY: A person other than a land use applicant who:

A.   Owns real property adjoining the property that is the subject of a land use application of land use decision; or:

B.   Will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.

AFFECTED ENTITY: A county, municipality, local district, special district under Title 17D, Chapter 1, Special Service District Act, school district; interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act; specified public utility; a property owner; a property owners' association; or the Utah Department of Transportation, if:

A.   The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;:

B.   The entity has filed with the municipality a copy of the entity's general or long- range plan; or:

C.   The entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter.

AFFECTED OWNER: The owner of real property that is:

A.   A single project;

B.   The subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and

C.   Determined to be legally referable under Section 20A-7-602.8.

AGRICULTURE: The growing of soil crops in the customary manner in the open. It shall not include livestock raising activities; nor shall it include retailing of crops on the premises.

APARTMENT HOUSE (MULTIPLE DWELLING): Any building or portion thereof which is designed, built, rented or leased, let, or hired out to be occupied or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking within the premises.

APPEAL AUTHORITY: "Appeal authority" means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

APPROVED WATER SYSTEM, PUBLIC WATER SYSTEM: The Monticello city water system.

BOARDING HOUSE, LODGING HOUSE, BED AND BREAKFAST: A building containing not more than one kitchen where for compensation meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis as distinguished from a motel, caf , or rooming house. These are considered short-term rental units if rented for less than thirty (30) days.

BUILDABLE AREA: That portion of a lot or parcel which will fit the construction of a structure under the provisions of the building codes adopted by the city and this title, either without grading and excavation or with grading and excavation, as specified in this title.

BUILDING: Any structure built for the support, shelter or enclosure of a person, animals, chattels or property of any kind.

A.   Building, Accessory: A subordinate building, the use of which is incidental to that of the main building.

B.   Building Line: A line designating the minimum distance which buildings must set back from a street or lot or parcel line.

C.   Building, Main: The principal building upon a lot or parcel.

CARPORT: A structure for the shelter of automobiles that is not completely enclosed by walls.

CHARTER SCHOOL:

A.   An operating charter school;

B.   A charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or

C.   An entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.

A Charter School does not include a therapeutic school.

CHILDCARE: Tending of children by family members or friends for which no compensation is received. Childcare services are exempt from state regulation as specified in applicable Utah Code.

CITY ENGINEER: Until such time as the city hires a permanent registered engineer, the city engineer shall be a licensed surveyor, a registered engineer, or an engineering firm as designated by the city council on either a retainer or per job basis.

CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the field of civil engineering work.

CLINIC: A building used for the diagnosis and treatment of ill, infirm, and injured persons which does not provide board, room or regular hospital care and services.

CLUB: A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but not including any building used principally to render a service usually and ordinarily carried on as a business.

COMMON AREA: An area designed to serve two (2) or more dwelling units which have convenient access to the area.

COMPREHENSIVE PLAN: A coordinated plan which has been prepared and adopted for the purpose of guiding development, including, but not limited to, a plan or plans of land use, circulation, housing and public facilities and grounds.

CONDITIONAL USE: A land use that, because of the unique characteristics or potential impact of the land use on city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

CONSTITUTIONAL TAKING: A governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:

A.   Fifth or Fourteenth Amendment of the Constitution of the United States; or:

B.   Utah Constitution Article I, Section 22.

CONVALESCENT HOME: See definition of Rest Home, Nursing Home, Convalescent Home.

CULINARY WATER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

CURB CUT: A cut in the curb line for the passage of vehicles.

CUT: A process of excavation. See definition of Excavation.

DAYCARE, NURSERY, PRESCHOOL: A home or building in which children are tended or kept for compensation, and any similar use for which the State requires a license. Does not include overnight accommodations for children, as in a foster home or an orphanage.

DENSITY: Density of population, measured by the number of dwelling units per acre of land.

DESIGNATED FLOOD HAZARD AREA: Zone A on the flood hazard boundary map issued by the federal insurance administration for this community, dated December 24, 1976, with panel number H-01-02, community number 490212, and any officially published revision to this map.

DETACHED STRUCTURE: Any structure being secondary to the primary use of the parcel (i.e., a garage, storage sheds, barns, coops, etc.).

DEVELOPMENT ACTIVITY:

A.   Any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;:

B.   Any change in use of a building or structure that creates additional demand and need for public facilities; or:

C.   Any change in the use of the land that creates additional demand and need for public facilities.

DEVELOPMENT AGREEMENT: A written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use of development of a specific area of land. A development agreement does not include an improvement completion assurance.

DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 or the Controlled Substances Act, 21 U.S.C. 802.

DRIVE-IN RETAIL: Any form of merchandising, serving or dispensing of goods in which the customer is served while in his automobile.

DWELLING: A building designed or used for residential occupancy, including conventional construction, manufactured homes, modular homes, and apartment structures. A dwelling shall not include boarding, rooming, or lodging houses, tents, trailers, recreational vehicles (RVs), mobile home parks, motels and hotels, motor courts, motor lodges, cottage camps, or any short-term rentals or uses primarily for transient residential uses.:

   2.   Meets applicable building codes for a dwelling; and

I.   Live-Work Unit: A dwelling unit that is part of a commercial building; and

   4.   Conforms to applicable building codes for use as a dwelling.

EASEMENT:

A land use right offered for a specific purpose or use over, upon, or beneath the land; its location and extent being accurately described in the letting process or by separate document using metes and bounds; distinct from land ownership and granted to the public, a particular party or public utility.

EDUCATIONAL FACILITY:

A school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and a program for children with disabilities; A structure or facility that is:

A.   Located on the same property as a building described as an educational facility; and

B.   Used in support of the use of that building;

C.   A building or provide office and related space to a school district's administrative personnel;

An educational facility does not include land or structure including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:

A.   Not located on the same property as the building described as an educational facility; and

B.   Used in support of the purposes of a building described as an educational facility.

An educational facility does not include a therapeutic school.

EXCAVATION: Any act by which vegetation matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting from it.

FACILITY: A public service developed, owned and maintained by the city (i.e., water, sewer, etc.).

FAMILY: Related individuals living together in a single dwelling unit and maintaining a common household:

A.   A family may include four (4), but not more than four (4), persons not related to the family.

B.   The term "family" shall not be construed to mean a group of unrelated individuals, a fraternity, club or institutional group.

FENCE, SIGHT OBSCURING: A fence having a height of six feet (6') or more above grade, which permits vision through less than ten percent (10%) of each square foot that is more than eight inches (8") aboveground.

FILL: A deposit of earth material by artificial means.

FINAL PLAT: A permanent map or chart, accurately describing a division of land which has been surveyed and marked on the ground so that streets, blocks, lots and other divisions may be identified and located.

FINAL PLAT, RECORD OF SURVEY MAP: A plat or plats of survey of land within a subdivision or other large scale development which has been prepared in accordance with applicable city standards and/or state statutes for the purpose of recording in the office of the county recorder.

FIRE AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property.

FLOOD PLAIN: Land that:

A.   Is within the 100-year flood plain designated by the Federal Emergency Management Agency, or:

B.   Has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency.

FLOOR AREA: The floor area of a building is the sum of the areas of headroom height on all floors of the building, including basements, mezzanines and penthouses, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include unoccupied structures such as pipe trenches, exterior terraces, or steps, chimneys, roof overhangs, etc.

FOSTER HOME: A family dwelling that includes the care of non-related persons and is operated under state certification, license, or permit.

FRACTIONAL NUMBERS OF MEASUREMENTS: In determining the requirements of this title, whenever a fraction of a number or a unit is one-half (1/2) or more, and whenever a fraction of a number or a unit resulting from a computation is one-half (1/2) or more, said fraction shall be considered as a whole number or a unit. Where the fraction is less than one-half (1/2), said fraction shall not be included in determining requirements.

GARAGE, PRIVATE: A building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises.

GENERAL PLAN: A document that a municipality adopts that sets forth general guidelines for proposed future development of land within the municipality.

GEOLOGIC HAZARD: Includes:

A.   A surface fault rupture;

B.   Shallow groundwater;

C.   Liquefaction;

D.   A landslide;

E.   A debris flow;

F.   Unstable soil;

G.   A rock fall; or

   3.   Of substantial damage to real property.

GRADE: The top of the foundation or stem wall must be a minimum of one foot (1') higher than the top of the curb. Grade shall be determined by:

A.   For buildings fronting one street only, the elevation of the top of the curb, at right angles to the midpoint of the foundation.:

B.   For buildings fronting more than one street, the average elevation of the top of the curb, at right angles to the midpoint of the foundation.

GRADING: Any excavating or filling, or combination thereof, shall include the conditions resulting from any excavation or fill.

HARD SURFACE: Hard surface is limited to concrete or asphalt only. Hard surface specifications are as approved by the city.

HEIGHT OF BUILDING: The vertical distance from the average grade to top of the building walls.

HILLSIDE AREA: Any lot or parcel with an average slope greater than eight percent (8%).

HOME OCCUPATION: Any occupation conducted within a dwelling and carried on by persons residing in the dwelling.

HOOKUP FEE: A fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system.

IDENTICAL PLANS: Building plans submitted to a municipality that:

A.   Are clearly marked as "identical plans";

B.   Are substantially identical to building plans that were previously submitted to and reviewed and proved by the municipality; and:

C.   Describe a building that (1) Is located on land zoned the same as the land on which the building described in the previously approved plan is located; (2) Is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (3) Has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and (4) Does not require any additional engineering or analysis.

IMPACT FEE: A payment of money imposed under state Title 11, Chapter 36a, Impact Fees Act.

IMPROVEMENT COMPLETION ASSURANCE: A surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping, or an infrastructure improvement required as a condition precedent to:

A.   Recording a subdivision plat; or:

B.   Development of a commercial, industrial, mixed use, or multi-family project.

IMPROVEMENT WARRANTY: An applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:

A.   Complies with the municipality's written standards for design, materials, and workmanship; and:

B.   Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

IMPROVEMENT WARRANTY PERIOD: A period:

A.   No later than one year after the city's acceptance of required landscaping; or

B.   No later than one year after the city's acceptance of required infrastructure, unless the city:

    1.   Determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and

    2.   Has substantial evidence, on record:

       a.   Of prior poor performance by the applicant; or

       b.   That the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil.

INFRASTRUCTURE IMPROVEMENT: Permanent infrastructure that is essential for the public health and safety or that:

A.   Is required for human occupation; and

B.   An applicant must install

    1.   In accordance with published installation and inspection specifications for public improvements; and

    2.   Whether the improvement is public or private, as a condition of:

       a.   Recording a subdivision plat;

       b.   Obtaining a building permit; or

       c.   Development of a commercial, industrial, mixed use, condominium, or multi-family project.

INTERNAL LOT RESTRICTION: A platted note, platted demarcation, or platted designation that:

A.   Runs with the land; and

B.   Creates a restriction that is enclosed within the perimeter of a lot described on the plat; or

C.   Designates a development condition that is enclosed within the perimeter of a lot described on the plat.

INTERVENING PROPERTY: Property located between an existing service facility and the property under development.

JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris and tires, construction waste, waste, iron, steel, and other old or scrap ferrous or nonferrous materials in sufficient quantity to pose a public health or safety hazard, or to be aesthetically unattractive, and shall also include inoperable, unlicensed, junked, dismantled, or wrecked automobiles, or parts thereof.

JUNKYARD: A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.

KENNEL: Land or buildings used in the keeping of four (4) or more dogs over four (4) months old.

LAND USE APPLICANT: A property owner, or the property owner's designee, who submits a land use application regarding the property owner's land.

LAND USE APPLICATION: An application that is:

A.   Required by the city; and:

B.   Submitted by a land use applicant to obtain a land use decision; and:

C.   Does not mean an application to enact, amend, or repeal a land use regulation.

LAND USE AUTHORITY: A person, board, commission, agency, or body, including the city council, designated by the city council to act upon a land use application; or if the city council has not designated a person, board, commission, agency, or body, then the city council itself.

LAND USE DECISION: An administrative decision of a land use authority or appeal authority regarding:

A.   A land use permit;

B.   A land use application; or

C.   The enforcement of a land use regulation, land use permit, or development agreement.

LAND USE PERMIT: A permit issued by a land use authority.

LAND USE PLAN: A plan adopted and maintained by the City Council which shows how the land should be used; an element of the master plan.

LANDSCAPE PLAN, PLANTING PLAN: A plan showing the location and dimensions of plants, irrigation equipment, curbs and other protective features around the edge of the planting beds and the location and species of plants to be planted.

LAND USE REGULATION: A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee or rule that governs the use or development of land including the adoption or amendment of a zoning map or the text of the zoning code. A Land Use Regulation does not include:

A.   A land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or:

B.   A temporary revision to an engineering specification that does not materially

    1.   Increase a land use applicant's cost of development compared to the existing specification; or

    2.   Impact a land use applicant's use of land.

LANDSCAPING: The use and integration of a combination of planted trees, shrubs, vines, ground covers, lawns, rocks, fountains, pools, artworks, screens, walls, fences, benches or surfaced walkways set into an aesthetically pleasing arrangement as determined by the planning commission or their authorized representative.

LEGISLATIVE BODY: The city council.

LIVESTOCK CORRAL: A place or pen where livestock are kept on a seasonal basis as part of an agricultural enterprise or operation as distinguished from a livestock feed yard.

LIVING OPEN SPACE: That portion of the yard on a zoning lot which is not used by automotive vehicles, but reserved for outdoor living space, recreational space, and landscaping.

LODGING HOUSE: See definition of Boarding House, Lodging House.

LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder:

A.   Lot, Corner: A lot situated at a junction of two (2) city streets or situated on a curved street or way, the radius of which is thirty-five feet (35') or less, and where the angle formed by the intersection of the tangent is one hundred five degrees (105 ) or less.

B.   Lot, Interior: A lot other than a corner lot.

C.   Lot, Area: The total area measured on a horizontal plane included within the lot lines of the lot.

D.   Lot, Width: The distance across a lot of property, measured along a line parallel to the front lot line, or parallel to a straight line, connecting the ends of an arc which makes up the front lot line.

LOT LINE ADJUSTMENT: A relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with state Section 10-9a-608:

A.   Whether or not the lots are located in the same subdivision; and:

B.   With the consent of the owners of record.

Lot Line Adjustment does not mean a new boundary line that:

A.   Creates an additional lot; or

B.   Constitutes a subdivision.

Lot Line Adjustment does not include a boundary line adjustment made by the Department of Transportation.

MANUFACTURED HOME: A transportable factory-built housing unit constructed on or after June 15, 1976, according to the National Manufactured Housing Construction and Safety Standards Art (HUD Code), in one or more sections, that:

A.   In the traveling mode, is eight body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; and:

B.   Is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

MAJOR TRANSIT INVESTMENT CORRIDOR: Public transit service that uses or occupies:

A.   Public transit right-of-way;

B.   Dedicated road right-of-way for the use of public transit, such as a bus rapid transit; or

C.   Fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and (1) A public transit district as defined in Section 17B-2a-802; or (2) An eligible political subdivision as defined in Section 59-12-2219.

METES AND BOUNDS: The description of a lot or parcel of land by courses and distances.

MOBILE HOME: A transportable factory-built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the National Manufactured Housing Construction and Safety Standards Art (HUD Code).

MOBILE HOME PARK: An area or tract of land used to accommodate mobile homes, regulations and standards for which are found under chapter 13 of this title.

MODERATE INCOME HOUSING: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located.

MODULAR UNIT: A structure:

A.   Built from sections that are manufactured in accordance with the State Construction Code and transported to a building site; and

B.   The purpose of which is for human habitation, occupancy, or use.

MUNICIPAL UTILITY EASEMENT: An easement that:

A.   Is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;

B.   Is not a protected utility easement or a public utility easement as defined in state Section 54-3-27;

C.   The municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data line;

D.   Is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;

E.   Is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement and is located in a utility easement granted for public use; or

F.   Is described in state Section 10-9a-529 and is used by a specified public utility.

NATURAL STATE: The description of a lot or parcel of land by courses and distances.

NOMINAL FEE: A fee that reasonably reimburses a municipality only for time spent and expenses incurred in:

A.   Verifying that building plans are identical plans; and:

B.   Reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans.

NONCOMPLYING BUILDING or STRUCTURE: A building, structure, or portion thereof:

A.   Legally existed before the building or structure's current land use designation; and

B.   Because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land.

NONCONFORMING USE: A use of land that:

A.   Legally existed before its current land use designation;

B.   Has been maintained continuously since the time the land use ordinance governing the land changed; and:

C.   Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

OFF-SITE IMPROVEMENTS: Improvements, as required by this title, installed outside the perimeter of the subdivision which are designed and located to serve the needs of the subdivision or adjacent properties, lying between the subdivision and existing improvements.

OFFICIAL MAP: A map drawn by municipal authorities and recorded in a county recorder's office that:

A.   Shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;

B.   Provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and

C.   Has been adopted as an element of the municipality's general plan.

ON-SITE IMPROVEMENTS: Improvements, as required by this title, installed within or on the perimeter of the subdivision or development site.

OVERSIZED IMPROVEMENTS: Improvements with added capacity designed to serve other property in addition to the land within the boundaries of the subdivision or development.

PARCEL: Any real property that is not a lot.:

A.   Parcel, Corner: A parcel situated at a junction of two (2) city streets or situated on a curved street or way, the radius of which is thirty-five feet (35') or less, and where the angle formed by the intersection of the tangent is one hundred five degrees (105 ) or less.

B.   Parcel, Interior: A parcel other than a corner parcel.

C.   Parcel, Area: The total area measured on a horizontal plane included within the parcel lines of the parcel.

D.   Parcel, Width: The distance across a parcel of property, measured along a line parallel to the front parcel line, or parallel to a straight line, connecting the ends of an arc which makes up the front lot line.

PARCEL BOUNDARY ADJUSTMENT: A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:

A.   None of the property identified in the agreement is a lot; or

B.   The adjustment is to the boundaries of a single person's parcels.

Parcel Boundary Adjustment does not mean an adjustment of a parcel boundary line that:

A.   Creates an additional parcel; or

B.   Constitutes a subdivision.

A Parcel Boundary Adjustment does not include a boundary line adjustment made by the Department of Transportation.

PARKING SPACE: Spaces within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than eighteen feet (18') in length and nine feet (9') in width. Exception: Spaces reserved for the disabled will be no less than twenty feet (20') in length and thirteen feet (13') in width.

PERSON:

An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.

PLAN FOR MODERATE INCOME HOUSING: A written document adopted by a municipality's legislative body that includes:

A.   An estimate of the existing supply of moderate income housing located within the municipality;

B.   An estimate of the need for moderate income housing in the municipality for the next five years;

C.   A survey of total residential land use;

D.   An evaluation of how existing land uses and zones affect opportunities for moderate income housing; and

E.   A description of the municipality's program to encourage an adequate supply of moderate income housing.

PLAT: An instrument subdividing property into lots as depicted on a map or other graphical representation of land that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13 of the state code.

POTENTIAL GEOLOGIC HAZARD AREA: An area that:

A.   Is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or

B.   Has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.

PRELIMINARY PLAT: A map or plan of a proposed land division, prepared in accordance with the regulations of this title.

PRIVATE DRIVE: An accessway from a city street or highway to private land that does not front a city street or highway. A private drive is owned and maintained by the landowner.

PUBLIC AGENCY: The federal government, state, county, municipality, school district, local district, special service district, or other political subdivision of the state; or a charter school.

PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

PUBLIC MEETING: A meeting that is required to be open to the public under Utah Code Title 52, Chapter 4, Open and Public Meetings Act.

PUBLIC STREET: Any street, avenue, boulevard, road, lane, parkway, viaduct or other way, for the movement of vehicular traffic which is an existing state, county, or city roadway, or a street or way shown upon a plat, formerly approved, pursuant to law, or approved by official action; and includes the land between street lanes, whether improved or unimproved and may comprise pavement, shoulders, gutter, sidewalks, parking areas, and other areas within the right of way. For the purpose of this title, streets shall be classified as follows:

A.   City Street: Any street within the city's incorporated boundary that is recognized and maintained by the city.

B.   Cul-De-Sac: A street open at one end with a designated vehicular turnaround area at the closed end.

C.   Dead End: A street open at one end with no turnaround.

D.   Major Highway: A major regional highway, including an expressway, freeway or interstate highway designed to carry vehicular traffic:

    1.   Into, out of, or throughout the regional area (interregional); and

    2.   From one political subdivision of the region to another, or from an interregional highway.

E.   Service Road: A street or road paralleling and abutting major streets to provide access to adjacent property so that each adjacent lot or parcel will not have direct access to the major street.

F.   Stub: A street or road extending from within a subdivision and which terminates at the subdivision boundary with no provision for a vehicular turnaround. Stub streets are normally required to connect to street systems of adjacent developments.

RECEIVING ZONE: An area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right.

RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13 of the state code.

RECREATIONAL VEHICLE:

A.   A vehicular unit other than a mobile home primarily designed as a temporary dwelling for travel, recreational, or vacation use that is either self-propelled or pulled by another vehicle; Recreation vehicle includes a travel trailer, camping trailer, motor home, fifth-wheel trailer, park model home RV, and a van designed for overnight use.

B.   Off highway vehicle (OHV), including, but not limited to, all-terrain vehicle (ATV), side by side utility task vehicle (UTV), recreational off highway vehicle (ROV), golf cart, and the trailer used to transport such vehicle;

C.   Boat, other than canoe or kayak, and the trailer used to transport it.

RECREATIONAL VEHICLE PARK: A minimum three (3) acre area or tract of land used to accommodate two (2) or more recreational vehicles.

REMOVAL: The killing of vegetation by spraying, complete extraction or cutting of such vegetation to the ground, or down to trunks or stumps.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence:

A.   In which more than one person with a disability resides; and

B.   Which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or

C.   Which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

RESIDENTIAL UNIT: A residential structure or any portion of a residential structure that is occupied as a residence.

REST HOME, NURSING HOME, CONVALESCENT HOME, ASSISTED LIVING HOME: A building for the care and keeping of elderly or infirm people.

RESUBDIVISION: The changing or amending of any existing lot or lots of any subdivision plat previously recorded in the records of the county recorder as provided in section 11-26 of this code.

RETENTION BASIN: An area recessed or designed to receive and retain stormwater discharge or runoff.

RIPRAP: A loose assemblage of broken stone placed on the surface of the ground to prevent erosion.

ROUGH GRADE: The state of excavation at which grading is within four inches (4") of the final grade as shown on the approved grading plan.

RULES OF ORDER AND PROCEDURE: A set of rules that govern and prescribe in a public meeting:

A.   Parliamentary order and procedure;

B.   Ethical behavior; and

C.   Civil discourse.

SALVAGE YARD: See definition of Junkyard.

SANITARY SEWER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on-site wastewater systems.

SENDING ZONE: An area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right.

SETBACK: The shortest distance between the property line and the foundation wall, or main frame of the building.

SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flagpole.

A.   Sign, Accessory: An on-premises sign which directs attention to a business or profession.

B.   Sign, Area Of: The area of a sign shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background material, whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window, the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols.

C.   Sign, Non-accessory; Billboard:-A freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.

SINGLE-FAMILY LIMIT: No more than four (4) unrelated individuals may occupy each residential unit that is recognized by the City in a zone permitting occupancy by a single family.

SITE: Any lot or parcel of land.

SKETCH PLAN: A preliminary map or preapplication plat, showing the concept of the proposed development or subdivision, having sufficient detail to illustrate on site characteristics of the proposed subdivision and adjacent parcels.

SPECIAL DISTRICT: Any entity established under the authority of Utah Code Annotated title 17B, special districts, and any other governmental or quasi-governmental entity that is not a county, municipality, or school district.

SPECIFIED PUBLIC UTILITY: An electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1 of Utah Code.

STATE: Any department, division, or agency of the state.

STREET RIGHT OF WAY: That portion of land dedicated to public use for street and utility purposes.

SUBDIVIDER: Any person or legal entity laying out or making a land division for the purpose of sale, offering for sale or selling for himself or others, any subdivision or any part of it.

SUBDIVISION: Any land that is divided, re-subdivided or proposed to be divided into two (2) or more lots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

A.   "Subdivision" includes:

   1.   The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and

   2.   Except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

B.   "Subdivision" does not include:

    1.   A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;

    2.   A boundary line agreement recorded with the county recorder's office between owners of adjoining parcels adjusting the mutual boundary in accordance with Section 10-9a-524 if no new parcel is created.

    3.   A recorded document, executed by the landowner of record: (1) revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels; or (2) joining a lot to a parcel;

    4.   A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if: (1) no new dwelling lot or housing unit will result from the adjustment; and (2) the adjustment will not violate any applicable land use ordinance;

    5.   A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division;

    6.   Is in anticipation of future land use approvals on the parcel or parcels;

    7.   Does not confer any land use approvals, and

    8.   Has not been approved by the land use authority;

    9.   A parcel boundary adjustment;

    10.   A lot line adjustment;

    11.   A road, street, or highway dedication plat;

    12.   A deed or easement for a road, street, or highway purpose; or

    13.   Any other division of land authorized by law.

SUBDIVISION AMENDMENT: An amendment of a recorded subdivision in accordance with Section 10-9a-608 that:

A.   Vacates all or a portion of the subdivision;

B.   Alters the outside boundary of the subdivision;

C.   Changes the number of lots within the subdivision;

D.   Alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or

E.   Alters a common area or other common amenity within the subdivision.

SUBSTANTIAL EVIDENCE: Evidence that (1) is beyond a scintilla and (2) a reasonable mind would accept as adequate to support a conclusion.

SUSPECT SOIL: Soil that has:

A.   A High susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;

B.   Bedrock units with high shrink or swell susceptibility; or

C.   Gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.

THERAPEUTIC SCHOOL: A residential group living facility:

A.   For four or more individuals who are not related to:

    1.   The owner of the facility; or

    2.   The primary service provider of the facility;

B.   That serves students who have a history of failing to function:

   1.   At home;

    2.   In a public school; or

    3.   In a nonresidential private school; and

C.   That offers room and board, and:

    1.   An academic education integrated with a specialized structure and supervision; or

    2.   Services or treatment related to a disability, emotional development, behavioral development, familial development, or social development.

TRANSFERABLE DEVELOPMENT RIGHT: A right to develop and use land that originates by an ordinance and authorizes a landowner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone.

UNINCORPORATED: The area outside of the incorporated area of a city or town.

VARIANCE: A waiver of specific regulations of this title granted by the board of adjustment in accordance with the provisions set forth in the city code.

VICINITY PLAN: A map or chart, showing the relationship of streets and land within a proposed subdivision to the streets and lands in the surrounding area.

WATER INTEREST: Any right to the beneficial use of water, including:

A.   Each of the rights listed in Section 73-1-11; and

B.   An ownership interest in the right to the beneficial use of water represented by (1) a contract or (2) a share in a water company, as defined in Section 73-3-3.5.

YARD: An open space on the same lot or parcel as a building, said space being unoccupied or unobstructed from the ground upward, except as otherwise provided in this title:

A.   Yard, Front: The single horizontal distance between the street line and the front line of the building or any projection thereof, excluding non-enclosed steps. On a corner lot or parcel, the front yard may be applied to either street.

B.   Yard, Rear: The area between the rear line of the building (exclusive of steps) and the rear lot or parcel line and extending for the entire width of the lot or parcel. In case of a corner lot or parcel where the building facade faces on the side street, the rear yard may be established from the side of the house to the side property line.

C.   Yard, Required: The open space around buildings which is required by the terms of this title.

D.   Yard, Side: A yard between the building and the side line of the lot or parcel, and extending from the front yard to the rear yard.

ZONING MAP: A map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. (Ord. 2012-01, 7-10-2012; amd. Ord. 2016-6, 6-28-2016; Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

Whenever regulations in this title require higher standards than are required in other ordinances or laws, the provisions of this title shall govern. Whenever regulations of other ordinances or laws require higher standards than the provisions of this title, then said other ordinances shall govern. All ordinances or parts of ordinances in conflict with any of the provisions of this title are hereby repealed. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022)

This title and the various parts, sections and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of this title shall not be affected thereby. The city council hereby declares that it would have passed the ordinance codified herein or each part, section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022)

It shall be the duty of all architects, contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued is in conflict with the requirements of this title and shall be deemed guilty of violation of this title in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected or altered, and shall be subject to the penalties herein prescribed for violation. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022)

   A.   Classified: Unless a permit from the zoning administrator was previously obtained, any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who shall erect, construct or reconstruct any building that:

      1.   Involves structural alterations; or

      2.   Involves an increase or decrease in floor area; or

      3.   Changes the use of any building or other structure; or

      4.   Changes the use of any land within the city;

         is in violation of the provisions of this title, and shall be issued a violation fee as set forth in the consolidated fee schedule by resolution of the Monticello city council. If the fee is unpaid as set forth in the consolidated fee schedule, the violator shall be guilty of a class C misdemeanor for noncompliance and, upon conviction thereof, shall be punishable by fine.

   B.   Failure To Comply; Abatement By City: If any owner, occupant or other person having an interest in land described in such notice of decision, to whom the notice was given, shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the city manager may employ all necessary measures to cause such objectionable nuisance or condition to be removed or destroyed and to collect any expenses incurred from said owner, occupant, or other reasonable party.

   C.   Each Day Separate Offense: Such person, firm or corporation violating this title or any part thereof shall be deemed to be guilty of a separate offense for each and every day during which such violation is committed, continued or permitted by such person, firm or corporation and shall be punishable as provided by law as a separate offense. (Ord. 2016-4, 6-14-2016, eff. 6-14-2016; amd. Ord. passed 11-29-2022)

This zoning title, including the zoning map, may be amended as hereinafter provided.

   A.   Intent With Respect to Amendments: It is hereby declared to be public policy that this title shall not be changed except to correct manifest errors or to more fully carry out the intent and purpose of the master plan for the city and of this title.

   B.   Procedure: Any person seeking an amendment to this zoning title or map shall submit to the planning commission a written petition designating the change desired and the reasons therefor and shall pay a filing fee to the city, the amount to be established by resolution of the city council.

      1.   Upon receipt of the petition and the payment of the filing fee, the planning commission shall consider the request and shall certify its recommendations to the city council with respect to the request within thirty (30) days from receipt of the request.

      2.   Failure on the part of the planning commission to certify its recommendations to the city council within thirty (30) days shall be deemed to constitute approval unless a longer period is granted by the city council. The fee required herein shall not be returned to the applicant.

      3.   The planning commission or city council may also initiate amendments to this title.

   C.   Public Hearing Required Before Amending; Notice: Amendments to this title may be adopted only after a public hearing in relation thereto before the city council, at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published as required by law. (Ord. 2024-02, 2-27-2024)