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Morgan City Zoning Code

CHAPTER 10

02 GENERAL PROVISIONS

10.02.010 SHORT TITLE

This title shall be known as THE ZONING ORDINANCE OF MORGAN CITY and may be so cited and pleaded. (Ord. 040202, 4-2-2002)

10.02.020 APPLICATION

The provisions of this chapter are general in nature and, as applied, affect the entire title. (Ord. 040202, 4-2-2002)

10.02.030 SCOPE

This title is designed and enacted in accordance with a general plan to designate, regulate and restrict the erection, construction, reconstruction, alteration, relocation and uses of buildings and the uses of land for business, industry, residence, recreation, public activities or other purposes; to regulate and restrict the height, number of stories, size and bulk of buildings and other structures hereafter erected or altered; to regulate and restrict the height, bulk and location of objects of natural growth where such objects are deemed to be hazardous to life or property; to regulate and determine the size of lots, courts, yards and other open spaces, and the percentage of the lot that may be occupied; and to regulate the density and distribution of population; and for these purposes to divide the municipality into zones or districts of such number, shape or area as may be deemed best suited to carry out these regulations and provide for their enforcement. (Ord. 040202, 4-2-2002)

10.02.040 PURPOSE

The purpose of this title, and for which reason it is deemed necessary and for which it is designed and enacted, is to preserve and promote the health, safety, morals, convenience, order, and the general welfare of the city, and its present and future inhabitants, and the public generally, and in particular to:

  1. Encourage and facilitate the orderly growth and expansion of the city;
  2. Secure economy in governmental expenditures;
  3. Provide adequate light, air and privacy to meet the ordinary or common requirements of happy, convenient and comfortable living of the municipality's inhabitants, and to foster a wholesome social environment:
  4. Enhance the economic well-being of the municipality and its inhabitants;
  5. Facilitate adequate provisions for transportation, water, sewerage, schools, parks, recreation and other public requirements;
  6. Prevent the overcrowding of land and the undue concentration of population;
  7. Stabilize and conserve property values;
  8. Encourage the development of an attractive and beautiful community; and
  9. Promote the development of the city in accordance with the city general plan. (Ord. 040202, 4-2-2002)

10.02.050 EFFECT ON GOVERNMENTAL ENTITIES

In accordance with the laws of the state, the provisions of this title shall not apply to the properties owned by the state, or the United States government; however, any person, firm or corporation who may obtain such properties by purchase, lease or other arrangement with the state shall utilize such properties in accordance with regulations as set forth in Utah Code. (Ord. 040202, 4-2-2002)

10.02.060 EFFECT OF OTHER REGULATIONS

Wherever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance or regulation than are established by the provisions of this title, the provisions of such other statute, ordinance or regulation shall govern. (Ord. 040202, 4-2-2002)

10.02.070 EFFECT OF PRIVATE COVENANTS AND AGREEMENTS

This title shall not nullify the more restrictive provisions of private covenants and agreements entered into between private persons but shall prevail, notwithstanding such provisions which are less restrictive. Enforcement of private covenants and agreements is affected only by the parties in interest, and the responsibility therefor shall not be assumed by the municipality or its agents. (Ord. 040202, 4-2-2002)

10.02.080 CLASSIFICATION OF ANNEXED TERRITORY

All property hereafter annexed to the city shall be classified as zone A, and all of the zone regulations shall apply thereto until such time that a public hearing is held to consider a change in classification thereof. Such hearing and classification shall be considered in the same manner as set forth in MCC 10.08 pertaining to the amendment of this title. (Ord. 040202, 4-2-2002)

10.02.090 ESTABLISHMENT OF ZONES

The municipality is divided into zoning districts as shown on the map entitled, "Zoning Map of Morgan, Utah", which map and boundaries, notations, references and other information shown thereon shall be as much a part of this title as if the information and matters set forth by the map were all fully described herein. (Ord. 040202, 4-2-2002)

10.02.100 REQUIREMENTS DECLARED MINIMUMS

The uses and regulations which apply to each zoning district are established in accordance with a general plan designed for the same purposes for which this title is enacted. The requirements set forth herein are declared to be the minimum, which are necessary to accomplish the purposes of this title. (Ord. 040202, 4-2-2002)

10.02.110 PROPERTY USE REGULATIONS

The use of all real property within the corporate limits of the municipality shall be limited and restricted as follows:

  1. Land Use:
    1. No land shall be used or occupied except as specifically permitted in the regulations for the zoning district in which it is located;
    2. No land shall be used or occupied for use which is permitted only as an accessory use to an established main use before such main use is actually established or where an established main use of the land has ceased;
  2. Building, Structure Uses:
    1. No building or structure shall be designed, erected, altered, used or occupied for use except for uses specifically permitted on the lot upon which the building or structure is located or erected as stated in the regulations for the zoning district in which the lot is located: and
    2. No building or structure shall be erected, used or occupied for a use which is permitted only for purposes accessory to an established main use or main building before such building has actually been located, erected, or use established, and has been placed into operation; provided, that any such accessory use, building or structure may be erected after construction of the main building or use has commenced and during the construction of the main building; and no existing accessory use building may be continued to be used after the operation of the main building's use has ceased. (Ord. 040202, 4-2-2002)

10.02.120 EFFECT ON PREVIOUS ORDINANCES AND MAPS

This title, including the attached map or maps and any amendments to this title, shall be deemed a continuation of previous codes and not a new enactment. Determinations regarding questions of conforming and nonconforming uses, buildings and structures, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming, shall be made independently with reference to the status of the use, building or structure and the applicable dates of enactment of the regulation creating said status. (Ord. 040202, 4-2-2002)

10.02.130 LICENSING

All departments, officials and public employees of the city which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 040202, 4-2-2002)

10.02.140 ADMINISTRATIVE DETERMINATION FOR USES NOT LISTED

Determination as to the classification of uses not specifically listed in this title, shall be made by the zoning administrator and shall be subject to appeal to the land use appeal authority as set forth in MCC 10.10. The procedure shall be as follows: (Ord. 040202, 4-2-2002; amd. Ord. 12-05, 4-10-2012)

  1. Request For Determination: A written request for such a determination shall be filed with the zoning administrator. The request shall include a detailed description of the proposed use and such other information as may be required.
  2. Investigation: The zoning administrator shall thereupon make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and shall make a determination of its classification based on these investigations.
  3. Determination; Time Limit: The determination of the zoning administrator shall be rendered in writing within a reasonable time. The determination shall state the zone classification in which the proposed use will be conditional or permitted, as well as the findings which established that such use is of the same or similar character as uses permitted in that zone classification. Upon making this decision, the zoning administrator shall notify the applicant in writing of the decision.
  4. Decision Permanent Public Record; Status: The determination and all information pertaining thereto shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record in the planning department. Such use shall become a permitted or conditional use in the class of district specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations or the zone classification. (Ord. 040202, 4-2-2002)

10.02.150 ADMINISTRATIVE REVIEWS, CERTIFICATES AND PERMITS

  1. Zoning Review For Building Permits And Business Licenses: All applications for building permits shall be submitted to the community development department for zoning review. Such review shall assure compliance with the requirements of this code. The application for a building permit shall be accompanied by a plot plan showing lot lines and dimensions, locations of structures and improvements, building elevations, and all data necessary to ensure provisions of this code are met. The building department shall not issue any building permit until approved by the building official.
  2. Site Plan And Architectural Review: The planning department shall receive all applications for site plan review, as provided for in MCC 10.18. The planning department shall receive all submittals, assure completeness and prepare submittal for review by the appropriate reviewing body.
  3. Conditional Use Permit: Applications for a conditional use permit shall be submitted to the planning department as provided for in MCC 10.26. The planning commission chair shall assure completeness and prepare submittal for review and action by the planning commission. Permits approved by the planning commission shall be issued by the planning commission chair.
  4. Zoning Amendments: Requests for amendments or changes to the zoning ordinance or zoning district map shall be initiated with the planning commission chair. The amendment process shall proceed as provided for in MCC 10.08. (Ord. 040202, 4-2-2002)
  5. Home Occupations: Home occupation permits and applications for a home occupation permit shall be presented for review and approval to the planning commission chair. Upon such approval, the planning commission chair is authorized to issue a land use permit as described in MCC 10.16.030. (Ord. 05-02, 4-12-2005)

10.02.160 FEES

A fee for reviews, certificates and permits shall be charged as set forth in the city fee schedule. No such fee, or any part thereof, shall be refundable in the event that the permit or approval applied for is denied; however, a portion may be refunded if the permit is withdrawn. (Ord. 040202, 4-2-2002)

10.02.170 EXPIRATION OF BUILDING PERMIT

Unless a longer time is specifically set forth at the time of issuance of the permit, or unless an extension is granted in writing, upon a showing of good cause, by the issuing agency prior to expiration, each permit issued, as set forth in this title, shall expire one hundred eighty (180) days from the date of issuance. Further, if no significant work or construction occurs during any one hundred eighty (180) day period following the issuance of any permit, said permit shall expire. (Ord. 040202, 4-2-2002)

10.02.180 CANCELLATION OF PERMITS, CERTIFICATES AND APPROVALS

Failure to comply fully with the terms of any permits, certificates or approvals shall be grounds for cancellation of such. Action to cancel any permits, certificates or approvals may be taken by the city official, board, commission, council or agency which issued it. Notice of said cancellation shall be mailed to the permittee at the address provided on the application. Such mailing constitutes proper notice of any such action. (Ord. 040202, 4-2-2002)

10.02.190 DEVELOPMENT IN ACCORDANCE WITH TERMS OF CERTIFICATE

Upon issuance of any special certificate or approval, as provided in MCC 10.02.150, the developer, operator or other recipient of said certificate of approval, shall proceed only in accordance with the terms of such permit or certificate, including any requirements or conditions established as a condition of the issuance of such certificates or approval of plans. No building permit required in connection with such proposed development or operation shall be issued until all permits, reviews or approval required by this title have been secured, except as specifically provided herein. The securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval required in the particular case. (Ord. 040202, 4-2-2002)

10.02.200 HEARINGS

Hearing procedures for zoning ordinance and map amendments are described in MCC 10.08 and Utah Code. Hearing procedures for appeals from administration or enforcement of this title are set forth in MCC 10.10, "Land Use Appeal Authority". (Ord. 040202, 4-2-2002; amd. Ord. 12-05, 4-10-2012)

10.02.210 MANDATORY REVIEWS

  1. Planning Commission Recommendation Required: Any board, commission, committee, administrative officer, or other employee of the city, or any other person having jurisdiction over or responsibility for the development of, or the carrying out of plans or other matters relating to the physical development of the city, shall first refer such matters to the planning commission and receive its recommendation thereon before taking any action pertaining thereto.
  2. Matters Referred To Planning Commission: The following matters shall be referred to the planning commission:
    1. The use and zoning of land for private or public purposes;
    2. Location, widening, narrowing, abandonment, extension or relocation of proposed or existing streets;
    3. The location of public buildings, parks or other open spaces;
    4. The location and extent of public or private utilities;
    5. The subdivision of land; and (Ord. 040202, 4-2-2002)
    6. All other matters pertaining to the physical development of the city, except those matters specifically regulated by provisions of the building code. (Ord. 040202, 4-2-2002; amd. 2003 Code)