For the purposes of this title, the following terms and words and their derivations shall have the meaning as given herein. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and the plural the singular. "Shall" is always mandatory. Words not included herein, but which are defined in the building code, shall be construed as defined therein. Words which are not included herein or in the building code shall be given their usual meaning as found in an English dictionary, unless the context of the words clearly indicates a different meaning.

Definitions of words applicable particularly to certain chapters may be included in those chapters.

ACCESS POINT: A two-way street into a subdivision or development that provides unrestricted access to residents, the public, and emergency services. This definition does not prohibit a gated community entrance that is designed to service residents, guests, and the general public.

ACCESSORY BUILDING: See definition of Building, Accessory.

ACCESSORY, RESIDENTIAL APARTMENT: A secondary dwelling unit, either in, added to, or unattached from an existing single-family detached dwelling, for use as a complete, independent living facility for a blood relative.

ACCESSORY, RESIDENTIAL DWELLING: See 10.16.180

ACCESSORY STRUCTURE: See definition of Structure, Accessory.

ACCESSORY USE: A use that: a) is clearly incidental to and customarily found in connection with a principal or main use; b) is subordinate to and serves a principal or main use; c) is subordinate in extent, area or purpose to the principal or main use; d) is located on the same lot as the principal or main use; and e) contributes to the comfort, convenience or necessity of occupants, businesses or industries of the principal or main use. Home occupations shall be considered an accessory use.

ADMINISTRATIVE LAND USE AUTHORITY: Individuals designated by the City to review, administrator and approve subdivision per Title 11. Typically includes Planning, and Engineering, and Legal professionals.

AGRICULTURE: A farming activity limited to the tilling of the soil, raising of crops, horticulture and gardening. The definition does not include any commercial activity or raising of animals or fowl.

ALTERED: Any change in the construction of, or addition to, a building, which would permit an increase in capacity, or a change of use.

ALTERED, STRUCTURALLY: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

AMUSEMENT ARCADE: An establishment offering coin operated electronic games, shooting galleries, table games, and similar recreational diversions within an enclosed building.

AMUSEMENT, COMMERCIAL/INDOOR: Any place of amusement conducted wholly within a completely enclosed building.

AMUSEMENT, COMMERCIAL/OUTDOOR: Any place of amusement not conducted wholly within a completely enclosed building.

APPLICANT: The owner of land proposed to be subdivided or such owner's duly authorized agent. Any agent must have written authorization from the owner. 

ARCHITECTURAL METAL: High-quality, aesthetically refined metal elements incorporated into building facades and overall architectural design. Elements may include decorative metal panels, laser-cut screens, ornamental railings, metal cladding, and artistic installations, all selected to complement the architectural style. Architectural metal should be compatible with building design, other materials, and windows.

ARCHITECTURAL AND INTEGRAL PART: Any portions of, appendage to, or part of the general building layout of a main use planned for and/or constructed within the buildable area of a lot; and which is a functional part thereof; and which may be a structural part of or a detached accessory structure separated from the main building by a court not less than six feet (6') in width; and which is of the same general design or style and comparable in excellence of quality and construction to the main building.

AUTO REPAIR, MAJOR: A building or premises used for the repair of any passenger auto, pickup truck, semitractor, recreational vehicle or similar vehicle where the repair includes, but is not limited to, the rebuilding of engines, transmissions or differentials.

AUTO WRECKING, SALVAGE YARD: See also definition of Junkyard. Any lot, portion of lot or tract of land used for the storage and keeping of salvage, including scrap metals or other scrap material, or for dismantling or demolition of automobiles or equipment, machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.

BED AND BREAKFAST: A dwelling having one kitchen and used for the purpose of providing meals and/or lodging for pay or compensation on a temporary basis.

BLOCK: Land surrounded by streets and other rights of way other than an alley, or land which is designated as a block on any recorded subdivision plat. The block length does not include public right-of-way or streets.

BOARDING HOUSE, ROOMING HOUSE: A dwelling having one kitchen and used for the purpose of providing meals and/or lodging for pay or compensation of any kind for three (3) or more persons.

BOND AGREEMENT: Means and escrow agreement, cash bond or financial institution bond, required by the City to guarantee the proper completion of landscaping or an infrastructure improvement required as a condition precedent to recording a subdivision plat.  All bonds shall be on forms approved by the City Attorney, wherever a bond is required pursuant to this title. 

BUILDABLE AREA: That portion of a building lot not included within any required yard or open space upon which a main building may be located. Buildable areas must be defined on subdivision plats in areas of thirty percent (30%) slope or less. "Buildable area" does not include any portion of a "special flood hazard area" as defined in the federal insurance rate map of Morgan City.

BUILDING: Any structure having a roof supported by columns or walls, intended or used for the shelter, housing or enclosure of any person, animal or property of any kind.

BUILDING, ACCESSORY: A building that:

1. Is clearly incidental to and customarily found in connection with a principal or main building;
   
2. Is subordinate to and serves a principal or main building;
   
3. Is subordinate in area, extent or purpose to the principal or main building served;
   
4. Is located on the same lot as the principal or main building served; and
   
5. Contributes to the comfort, convenience or necessity of the occupants, businesses or industries in the principal or main building.
   

BUILDING, ATTACHED: An addition to the main structure that is tied together with a common roofline, and access to the addition is obtainable from inside the main structure.

BUILDING, DETACHED: A freestanding building with open space on all four (4) sides.

BUILDING HEIGHT: The vertical distance from the average finished grade surface at the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs.

BUILDING LOT: See definition of Lot, Building.

BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot. This also includes all of the appendages to a principal building constructed as an architectural and integral part thereof.

BUILDING OFFICIAL: The Morgan City building official.

BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, or the state of Utah or any of its subdivisions, including counties and municipalities in connection with a public use.

BUILDING, RESIDENTIAL: Building shall mean any one- and two- family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto. 

BUILDING STEP BACK- A building step back is an architectural and urban design feature where upper floors of a building are set back further from the facade of lower floors. This creates a tiered or stepped appearance as the building rises in height.

CARPORT: A private garage not completely enclosed by walls or doors.

CHILDCARE CENTER: A childcare facility which regularly provides custodial care for six (6) or more children during the part of any day.

CHILDCARE HOME: A childcare facility operated on a residential premises.

CHURCH OR TEMPLE: A building, together with its accessory buildings and uses, where persons regularly assemble for worship, which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CITY: Morgan City, Utah, a municipal corporation.

CITY COUNCIL: The City Council of Morgan City.

CITY PLANNER: The city planner employed by or officially representing the city.

CIVIC GREEN: A community gathering place such as a square, plaza, or functioning grass gathering area. Outdoor activities and community gatherings may occur in Civic Green.

CLINIC, DENTAL AND MEDICAL: A building in which a group of physicians, dentists and allied professional assistants are associated for the carrying on of their professions, including a dental or medical laboratory. "Clinic" does not include inpatient care or operating rooms for major surgery.

COLLECTOR STREET: See definition of Street, Major Collector or Street, Minor Collector.`

COLLEGE: An independent institution of higher learning offering a course of general study.

COMMON GREEN: Property within a Homeowners Association (HOA) that is owned by the HOA and available for gatherings, recreation, and open space uses. All HOA members have access to Common Green. Landscaping around buildings and streets is not part of a Common Green unless associated with a larger gathering land area.

COMMUNITY USE: The uses which have the primary purpose of serving the educational, recreational, religious or governmental needs of the community in general. Such uses may include churches, public and private educational institutions, private nonprofit recreation grounds, public parks, public buildings, public faculties, cemeteries and other similar uses. This definition shall not include such uses as detention facilities, halfway houses, alcohol rehabilitation centers and other similar uses.

COMPLETE APPLICATION: An application that meets all the requirements of the applications, City ordinances, City standards, and requirements of the Planning Department and City Engineer.  

CONCEPT PLAN: A sketch or concept drawing submitted before the preliminary plat application will enable the potential subdivider to receive guidance from the Design Review Committee in a pre-application meeting regarding the requirements for subdivisions within the City. 
CONDITIONAL USE: A use that is not authorized as a permitted use in a particular zoning district, but which use may be allowed with conditions, or denied based upon compliance with standards and criteria set forth in this title for those uses.

CONDOMINIUM: The ownership of a single unit in a multiple unit project or structure which may be combined with an undivided interest in the common areas and facilities of the property and meeting all requirements of the condominium ownership act of the state of Utah.

CONVENIENCE STORE: A building which contains less than five thousand (5,000) square feet and is primarily engaged in the provision of frequently needed, day to day retail goods, including, gasoline, food and nonfood products.

CORNER LOT: See definition of Lot, Corner.

CROSS ACCESS: Legal access to adjacent property.

CUL-DE-SAC: See definition of Street, Cul-De-Sac.

DAIRY: A farming operation for the production of milk in commercial quantities and which is regularly inspected by the state department of agriculture or its cooperating agencies. It includes the raising of the natural increase to the dairy herd, but does not include the feeding and fattening of livestock for slaughter in conjunction therewith.

DAIRY PROCESSING PLANT: A commercial establishment for the manufacture, processing or distribution of dairy products.

DAYCARE CENTER: See definition of Childcare Center.

DAYCARE HOME: See definition of Childcare Home.

DESIGN REVIEW COMMITTEE: Committee of City Staff, emergency service personnel, Utility Agencies, and Consultants who review land use application.

DEVELOPER: As the case may be, either: a) an applicant for subdivision approval; b) an applicant for a building permit or another permit issued; or c) the owner of any right, title, or interest in real property for which subdivision approval or site plan approval is sought. 

DEVELOPMENT ACTIVITY: 

A.  Any construction or expansion of a building, structure, or use that creates additional demand and need for DAYCARE HOME: See definition of Childcare Home. 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 land that creates additional demand and need for public facilities.

DISABLED PERSON: A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments, which is likely to continue indefinitely, and which results in a substantial functional limitation in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment or other services that are individually planned or coordinated to allow the person to function in, and contribute to, a residential neighborhood.

DWELLING: Any building or portion thereof which is designed for residential purposes; except hotels, apartment hotels, boarding houses, rooming houses, tourist courts, and mobile homes when not connected to public utilities. A mobile home will be considered a "dwelling" when it is connected to public utilities and the occupants thereof make meals and sleep within the confines of the mobile home.

DWELLING, MULTIPLE-UNIT: A building containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY ATTACHED: A dwelling sharing a common wall or walls, but located on an individual lot.

DWELLING, SINGLE-FAMILY DETACHED: A building designed for and occupied exclusively by one family on a separate lot and not sharing any common wall.

DWELLING, TWO-FAMILY: Two (2) dwellings sharing a common wall or walls and located on one lot.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT: A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property.

ELDERLY PERSON: A person who is sixty two (62) years of age or older.

FAMILY: Any number of individuals, related by blood, marriage or adoption, and domestic servants for such family, or a group of not more than five (5) persons who are not so related, living together as a single nonprofit housekeeping unit doing their own cooking.

FAMILY FOOD PRODUCTION: The production of food through gardening or horticulture, for the sole use of the family occupying the premises. The raising of animals or fowl is not included in this definition.

FARM ANIMALS: The keeping of animals and fowl such as commonly used for food or fiber production or as a beast of burden, for commercial purposes or for pleasure. The density allowed in various zones is contained in MCC 10.16.

FARM INDUSTRY: The keeping and raising of farm animals and/or fowl for domestic or commercial use, such as fur farms, livestock feed yards, pig farms, dairy farms, stables, ranches, and similar uses, and accessory uses thereto.

FAST FOOD EATING ESTABLISHMENT: Any establishment where foods or beverages are prepared for consumption, and consumption occurs in either the building, on the premises or within a motor vehicle parked thereon, or off premises.

FEMA: An acronym for the Federal Emergency Management Agency.

FLAG LOT: See definition of Lot, Flag.

FLOOD, 100-YEAR: A flood having a one percent (1%) chance of being equaled or exceeded in any given year. 

FLOOD, 10-YEAR: A flood having a ten percent (10%) chance of being equaled or exceeded in any given year.  FLOODPLAIN: Land that: 

A.  Is within the 100-year special flood hazard area designated by the Federal Emergency Management Agency; or 

B. It has not been studied or designated by the Federal Emergency Management Agency, but it presents a likelihood of experiencing chronic flooding or a catastrophic flood event from any flood source. 

FLOOR AREA: The sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior faces of the exterior walls.

FOSTER HOME: A dwelling unit where minor children, not related by blood, marriage or adoption, are cared for and furnished board and room, with or without compensation, on a continuing basis.

FRATERNAL AND BENEVOLENT SOCIETY: A chartered, nonprofit social club or lodge with or without dining faculties and cocktail lounges composing a branch of a fraternal order or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary, and other similar nonprofit fellowship organizations which are open only to members and their duly authorized guests.

FRONT YARD: See definition of Yard, Front.

FRONTAGE: The distance between the two (2) side lot lines of a parcel measured along the street, or streets of a corner lot, which the parcel is allowed to access. State or federal highways, to which no access is allowed, shall not be considered as frontage. For the purposes of this title, neither temporary turnarounds nor dead ends of roadways shall be used as frontage.

FUR FARM: The raising of any animal for the purpose of producing pelts to be sold commercially, or the raising of breeding stock for such commercial fur pelts, including, but not exclusive of, otters, fox, mink, rabbit, lynx, and chinchilla.

GARAGE, PRIVATE: An attached or detached building, accessory to a dwelling on the premises, designed or used for the storage of private passenger automobiles owned and used by the occupants of the building to which it is accessory. A private garage designed and constructed as an architectural and integral part of the main building shall be subject to all the requirements of this title applicable to main buildings.

GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for the storing, servicing, repairing, equipping, hiring or selling of motor driven vehicles.

GARAGE SALE OR YARD SALE: Sale of personal belongings in a residential zone, which sale is conducted by a legal resident of the premises.

GASOLINE, RETAIL: A building or premises used for the sale of gasoline and limited amounts of other oil products. Such premises may also include the sale of food products.

GENERAL PLAN: The comprehensive, long-range General Plan for proposed future development of land in the City, as provided in Utah Code Annotated Section 10-9a-401 et seq., as amended. 

GRADE, FINISHED SURFACE: The average level of the finished surface of the ground adjacent to the front setback line of a building or structure; and, on a corner lot, the average level of the ground adjacent to and measured along all front setback lines of the building. Where a lot has no frontage on a public street, the average level of the finished ground surface adjacent to and measured along all exterior walls shall be the finished surface grade.

HARD SURFACE: An impermeable, dust free surfacing such as concrete or asphalt.

HOME FOR THE ELDERLY: A service providing ambulatory care for more than eight (8) elderly persons.

HOME OCCUPATION: A nonresidential activity, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the dwelling for residential purposes. (See MCC 10.16.030.)

HORSES FOR PRIVATE USE: Horses kept and maintained as an accessory use to a dwelling for the pleasure and use of the occupants thereof, and not to be used for commercial purposes.

HOSPITAL: An institution licensed by the state of Utah providing inpatient health services for human beings, and primarily medical or surgical care of the sick or injured, and such other services and accessory uses as normally provided for its administration and operation.

HOTEL: A building containing guestrooms in which lodging is provided for compensation to transient or permanent guests, or both, and where no provision is made for cooking in the guestrooms, and in which commercial services may be provided for guests.

HOUSEHOLD PETS: Animals and fowl, which are customarily allowed in the home for the sole pleasure and enjoyment of the occupants, but not raised or kept for commercial purposes, or for food.

INDUSTRIAL: See definition of Manufacturing.

INFILL DEVELOPMENT: Development of land that has been bypassed, remained vacant, and/or is underused because of current market conditions. Infill development is not on the perimeter of the city, located near outer annexation areas, and upper hillsides.

INTERIOR LOT: See definition of Lot, Interior.

JUNK: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, disposal or other use or disposition. "Junk" includes, but is not limited to, tires, furniture, tools, paper, bags, plastics, cordage, scrap iron or other metal, glass, building materials, machinery and appliances, or parts thereof, brush, wood and lumber, solid waste, and vehicles and parts thereof.

JUNKYARD: An open area where junk or used or secondhand materials are bought, sold, exchanged, stored, processed or handled. An automobile wrecking yard or a salvage yard is also considered a junkyard (see definition of Auto Wrecking, Salvage Yard).

KENNEL, BOARDING¹: Any lot or premises on which three (3) or more dogs at least four (4) months old are kept for a fee.

KENNEL, PRIVATE²: Any developed lot or premises on which three (3) or more dogs at least four (4) months old are kept.

LAND USE APPLICATION: A land use applicant is required to obtain a land use decision for subdivisions, rezones, site plan approval, and other act changing or enacting the legal use of the land.

LAND USE AUTHORITY: A person, board, commission, agency, or body, designated by the local legislative body to act upon a land use application. 
LANDSCAPING: The installation of living plant materials (i.e., lawn, ground cover, annual and perennial flowering plants, vines, shrubs and trees) planted directly on the property and kept free from all hard surfaces. The use of water (i.e., pools, fountains, falls and streams) and sculptures are also included as landscape design materials.

LIVE-WORK UNIT: An owner occupied single-family home used jointly for commercial/office and residential purposes where the commercial or office use of the space is secondary or accessory to the primary use as a single-family residential dwelling.

LOT: A tract of land, regardless of any label, created by and shown on a final subdivision plat that has been recorded in the county recorder's office. Lots shall have essential facilities on the property at the time of recording. This is further understood to mean that utilities available at the street are extended into the lot. Lots must meet the minimum size and dimension standards established for the applicable zone at the time of recording. 

LOT, BUILDING: A parcel of land which is of such dimensions as to comply with the minimum requirements of this title for area, width and depth applicable to the zone in which it is located, and having frontage on a public or approved private street. Said street shall be extended the full required frontage of the lot and improvements installed as required by the city. No lot shall utilize any part of the temporary end or dead end of a street for frontage.

LOT, CORNER: A building lot situated within a corner created by the intersecting lines of a street or streets.

LOT DEPTH FOR INSIDE LOTS: The distance from the front lot line and rear lot line as measured from the centerline.

LOT DEPTH FOR MULTI-FRONTAGE AND CORNER LOTS: The horizontal distance between opposite boundaries of the lot measured along the centerline thereof.

LOT, DOUBLE FRONTAGE: Any building lot which has both the front and rear yard line bounded by a street. This does not normally include corner lots.

LOT, FLAG: An "L" shaped lot comprised of a staff portion contiguous with the flag portion thereof, the minimum width of the staff being twenty feet (20') per flag lot and the maximum length determined by the Morgan City/county fire department.

LOT, INSIDE GORE SHAPED: A lot where lot lines converge towards the rear, and the rear lot line width is less than half the required width for the applicable zone.

LOT, INTERIOR: Any building lot other than a corner lot.

LOT LINE, FRONT: Any street right of way line of record, or established by use, which forms one or more boundaries of a lot.

LOT LINE, FRONT FOR FLAG LOT: The front lot line of a flag lot shall be determined to be the lot line nearest to a dedicated public street and at the end of the staff.

LOT LINE, REAR, FOR CORNER LOTS: That interior lot line which has been designated as the rear lot line determined by the direction the house faces.

LOT LINE, REAR, FOR INTERIOR LOTS: The interior line lying opposite of the front lot line.

LOT LINE, SIDE, FOR CORNER LOTS: All interior lot lines for multi-frontage lots; for other corner lots, that interior lot line which has been designated as the side lot line by the lot owner.

LOT LINE, SIDE, FOR INTERIOR LOTS: Those interior lines lying opposite each other, running between the front and rear lot lines, or in the case of a multi-frontage lot, those interior lines which run between the two (2) front lot lines.

LOT, MULTI-FRONTAGE: Any building lot, the centerline of which intersects two (2) front lot lines and which has no rear lot line.

LOT WIDTH FOR CORNER LOTS: The width of the lot as measured along both street frontages at the required setback.

LOT WIDTH FOR INTERIOR LOTS: The horizontal distance between the side lot lines measured along a line lying at right angles to the centerline of the lot at the point of the required setback.

MAIN BUILDING: See definition of Building, Main.

MANUFACTURED HOME: A home or other building of new construction without attached axles or wheels, which has been assembled fully, or in part, upon another site, or in a "factory", and moved to the site upon which it is to be permanently assembled by truck, timber, dolly or similar conveyance, and which is placed upon a permanent foundation in compliance with the provisions of the building code.

MANUFACTURING: The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product. This word is used interchangeably with "industrial" throughout this title.

MASTER TRAFFIC AND TRANSPORTATION PLAN(S): That portion of the General Plan that defines the future alignments of streets and their rights-of-way, including maps or reports or both, which have been approved by the Planning Commission and City Council as provided in Utah Code Annotated Section 10-9a-401 et seq., as amended. This also includes additional TRANSPORTATION PLANS prepared by the City. 

MASONRY: Stucco, brick or rock.

MINISTORAGE UNITS: Units to be used for dead storage of household goods.

MIXED-USE BUILDING- A Mixed-Use Building is a development type that integrates multiple complementary uses within a single structure, typically combining residential (above main floor), commercial, and sometimes office or institutional spaces.

MIXED USE: Allows for various land uses, often including commercial and residential, but not industrial/manufacturing.  

MOBILE HOME: A detached dwelling designed for long term occupancy and to be transported on its own wheels, or on a flatbed or other trailer or detachable wheels, and arriving at the site where it is to be occupied as a complete dwelling unit ready for occupancy except for connections to utilities and other minor work. Removal of such wheels or placing such dwelling unit on a foundation shall not remove such unit from classification as a mobile home. Excluded from this definition shall be those permanent dwelling structures that are constructed of component parts that are transported to the building site and which meet structural requirements of the building code, plumbing code, mechanical code and electrical code.

MOBILE HOME PARK: A parcel of land, not less than five (5) acres, designed to accommodate one or more mobile homes in a planned environment, with all public utilities available, for the purpose of permanent or long term residential dwelling.

MOBILE HOME PARK SERVICE BUILDING: A permanent structure housing laundry, office, sanitation, or other community facilities as required in mobile home parks for mobile home occupants.

MOTEL: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.

MULTIPLE-FAMILY DWELLING: See definition of Dwelling, Multiple-Unit.

NATURAL DRAINAGE COURSE: Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels.

NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the city council, or as shown on the city master drainage plan, or as designated by FEMA, in which no structure or building construction or placement is permitted.

NONCONFORMING BUILDING LOT: A parcel of land of record that was lawfully subdivided and in compliance with all laws at the time of division, and which no longer meets the minimum requirements for a building lot in the zone in which it is located because of a subsequent amendment to the applicable zoning ordinance.

NONCONFORMING BUILDING OR STRUCTURE: A building or structure, or portion thereof, lawfully constructed which does not now conform to all the height, area, setback and yard regulations prescribed in the zone in which it is located. This term shall also include any existing building or structure which is rendered nonconforming by virtue of annexation or subsequent amendment to this title.

NONCONFORMING USE: Any existing use of a building or land which was lawful at its inception and has continued without interruption but does not now conform with the use regulations of the district in which it is situated, or for which a conditional or special use permit is required but has not been issued. The term also includes any existing use of a building or land which is rendered nonconforming by a subsequent amendment to this title.

NONVIEW OBSTRUCTING: A fence, wall or hedge in which no more than twenty five percent (25%) of the plane formed by the wall or hedge obstructs view, excluding two feet (2') in height above finished grade.

NURSING HOME: Any residential development providing dwelling units with common dining, recreation, and medical or nursing facilities for elderly persons or people with physical disabilities. A nursing home must: 1) be licensed and staffed for skilled care; 2) contain common kitchen and dining facilities; 3) have call button monitoring systems; 4) have on premises physical therapy; and 5) have on premises personal services (library, educational, social and available transportation).

OFFICE, BUSINESS: A place intended for the conduct of administration or services by a business enterprise and in which no goods or merchandise are stored, displayed or sold.

OPEN SPACE: An open, landscaped area which is unoccupied and unobstructed by buildings or hard surfaces such as concrete or asphalt, except that such open space may be traversed by necessary sidewalks and access rights of way.

OWNER: Any person who alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property. 

PARK: A playground or other area or open space providing opportunities for active or passive recreational or leisure activities. 

PARK STRIP: The landscape area is between the sidewalks and curb/gutter. 
PARKING LOT: An open area, other than a street, used for the temporary parking of automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

PARKING SPACE, OFF STREET: The space within a building, lot or parking lot but not within any portion of any public street right of way, for the temporary parking of one vehicle.

PERMITTED USE: A use of land for which no conditional use permit is required.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the foregoing. 

PERSONAL SERVICES: Establishments primarily involved in providing personal grooming and related services. This definition includes, but is not limited to, barbershops, beauty parlors, tailors, etc., but does not include laundries or dry cleaners.

PLANNED DWELLING GROUP: Two (2) or more detached buildings used as residences located on a lot that is in single ownership and having yards, courts, or facilities in common.

PLANNING COMMISSION: The planning commission of Morgan City, Utah. The planning commission acts as the administrative land use authority for preliminary subdivision plats.

PLANNING DEPARTMENT: The City’s Planning personnel and designees assigned to conduct City planning and review of applications.  

PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing with the county recorder which complies with applicable requirements set forth in this title and other titles of this code and provisions adopted pursuant thereto. Such plat shall also be in conformity with Utah Code Annotated Sections 10-9a-603, 17-23-17, or 57-8-13 et seq., as amended. 

PLAT, PRELIMINARY: The initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this title. 

PLOT PLAN: A plat of a lot drawn to scale, showing its actual measurements, the size and location of any existing buildings and buildings to be erected, and showing the location of the lot and abutting streets, and as further described in MCC 10.18.

PRECONSTRUCTION MEETING: The meeting held with the general contractor performing work, City staff, City consultants, utility companies and other invited participants having interest in the development. The Preconstruction Meeting is held after final plan approval and prior to construction activities.

PRESCHOOL CENTER: See definition of Childcare Center.

PRESCHOOL HOME: An educational facility operated on a residential premises, regularly providing an educational program for not more than twelve (12) children (including the operator's natural, adopted or foster children under 6 years of age) at any one time.

PROTECTION STRIP: A strip of land running parallel and adjacent to a public street and the abutting private property, created to control the access of property owners abutting the street until the adjacent owners share in the cost of infrastructure improvements. 

PUBLIC BUILDING: See definition of Building, Public.

PUBLIC IMPROVEMENTS: Streets, curb, gutter, sidewalk, water and sewer lines, storm sewers, flood control facilities and other similar facilities which are required to be dedicated to the City in connection with subdivision, conditional use, or site plan approval. 

PUBLIC RIGHT OF WAY: Any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right of way. 

PUBLIC WORKS STANDARDS: Standard drawings and specifications adopted by the City to be used for the construction of public improvements

RADIO/TELECOMMUNICATION TOWER: A structure intended for transmitting or receiving television, radio or telephone communications which is primarily supported by its own foundation.

REAR YARD: See definition of Yard, Rear.

RESIDENTIAL DENSITY: The average number of dwelling units on one acre of land in a given area.

1. Net residential density is determined by dividing the total number of dwelling units in a defined area by the total acreage of all parcels of land within the area that are used exclusively for residential and accessory purposes.
   
2. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks, and local shopping facilities, into the total number of dwelling units in said area.
   

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or multiple-family dwelling unit that is or is not a business and offers primary care for any number of nonrelated elderly persons, and may include limited medical, recreational and commercial services, if such services are limited to residents and their guests.

RESIDENTIAL ZONE: All residential and agricultural zoning districts.

RESTAURANT:

1. Any establishment which provides as a principal use, foods and beverages prepared for consumption within the establishment and whose operation includes both of the following characteristics:
   
   1. Customers are provided with an individual menu and are served their food or beverage by a restaurant employee at the same table or counter at which said items are consumed; and
      
   2. The food and beverages are served on nondisposable plates or containers and nondisposable eating utensils are provided. A restaurant employee clears the table of trash.
      
2. Notwithstanding the above, a cafeteria where food and beverages are:
   
   1. Generally consumed within the establishment; and
      
   2. Served on nondisposable plates or containers with nondisposable utensils shall be included in this definition.
      
3. A restaurant may provide takeout service, provided such service is clearly not the principal business of the restaurant and the takeout function is totally conducted inside the building.
   

ROAD, PRIVATE: A thoroughfare, held in private ownership and controlled by one or more persons, firms or corporations, and used or held for use primarily as a means of access to adjoining properties.

ROAD, PUBLIC: See definition of Street, Public.

SCHOOL, COLLEGE, UNIVERSITY, PRIVATE OR QUASI-PUBLIC: A school operated by a private or quasi-public organization, or individual, which has a program similar to that provided in any public school in the state of Utah, except that such curriculum may include religious instruction. A private school may be a for profit or nonprofit organization. This definition shall not include commercial schools.

SCHOOL, COMMERCIAL: An establishment for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately and do not offer a complete educational curriculum.

SCHOOL, PUBLIC: An educational facility operated by a school district or other public agency of the state of Utah.

SECONDARY ACCESS ENTRANCE: See definition of Access Point. 

SECONDARY RESIDENTIAL UNIT: A living unit subordinate and accessory to the main structure with living space found within or detached from the dwelling unit for family of the occupants of the main structure only.

SECONDARY STRUCTURE: See definition of Structure, Accessory.

SECONDARY WATER SYSTEM: Any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers and other nonculinary uses.

SECONDARY USE: Any use which is not a principal or main use or an accessory use thereto, which use is not customarily found in connection with the principal or main use.

SENSITIVE LANDS: Rivers, floodplains, natural drainage channels, drinking water source protection zones, hillsides, and other lands in the City that are to be protected to ensure that urban development in these sensitive areas be guided in a manner that will minimize the potential for flooding, erosion, and other environmental hazards and will protect the natural scenic beauty of the foothills and floodplain.

SERVICE STATION: A building or premises used for the sale of gasoline and oil products, including the servicing of motor vehicles and the retail sale and installation of tires, replacement parts and accessories in and upon such vehicles; but not including paint, body and frame repair, or rebuilding of engines, transmissions or differentials. Such premises may also include the sale of food products.

SETBACK: The shortest horizontal distance permitted in each zone, as set forth in this title, between the boundary lines of a lot and the building, structure or part thereof.

SIDE YARD: See definition of Yard, Side.

SIDEWALK: A passageway or pathway for pedestrians, excluding motor vehicles.

SINGLE-FAMILY DWELLING: See definition of Dwelling, Single-Family (Detached or Attached).

SOLID WASTE: Any discarded material that does not flow under stress.

SPECIALTY FOOD SHOP: A retail food store specializing in a certain food category. Examples would include: bakeries, butcher shops, confectioneries, delicatessens, health food stores and import shops.

STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STABLE, PUBLIC: A stable other than a private stable.

STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor or ceiling next above.

STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.

STREET ARTERIAL: A street, existing or proposed, which supports traffic from collector streets and conveys traffic to freeways or interstate roads maybe identified on the Master Transportation Plan. 

STREET, COLLECTOR: A street which provides for movement between arterial and local streets and direct access to abutting property.

STREET, CUL-DE- SAC: A minor terminal street provided with a turnaround. 

STREET, DEAD END: An improved street or subsystem of streets with only one point of connection to the overall street system. 

STREET, FREEWAY: A street with a fully controlled access designed to link major destination points. A freeway is designed for high-speed traffic with a minimum of four (4) travel lanes, and is owned by the state of Utah. 

STREET, HALF: The portion of a street within a subdivision comprising sufficient right-of-way for the following:  the full standard pavement width, curb, gutter, park strip, and sidewalk on one side. Half streets shall also include the full utilities with service laterals extended to one side of the road. Half streets are only to be used in locations where the property adjacent to the opposite side of the street is not developed, has the potential to be developed and is not owned by the developer.

STREET, LOCAL: A minor street providing access to abutting properties and protection from traffic.

STREET, MAJOR COLLECTOR: A street, existing or proposed, which is the main means of access to the major street system. See Master Street Plan/Transportation Plan.  

STREET, MINOR COLLECTOR: A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood

STREET, PRIVATE: A right-of-way which has been reserved by dedication unto the subdivider, lot owners, or homeowners' association to be used as a private access to serve property and complying with the adopted street cross-section standards of the City. All private streets shall be approved by the City and maintained by the subdivider or other private entity. 

STREET, PUBLIC: A right-of-way which has been dedicated to the City and accepted by the City Council, or which the City has acquired by prescriptive right, deed or by dedication, or a thoroughfare which has been made public by use and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards. 

STREET, STUB: A street ending extended up to an abutting property that is intended to be extended through the abutting property and/or provide cross access in the future. 

STREET TREE: Trees planted in the park strip

STRUCTURE: That which is framed, erected, constructed or placed upon the ground; but not including fences which are six feet (6') or less in height.

STRUCTURE, ACCESSORY: A subordinate structure detached from but located on the same lot as the principal or main structure, the use of which is incidental and accessory to that of the principal or main structure.

SUBDIVIDER: Any person who undertakes to create a subdivision.

SUBDIVISION: Land that has been legally divided from a larger tract of land or legally created by combining adjacent land(s) to provide lots that can be used for further development under City ordinances.

SUBDIVISION, MINOR: A subdivision of five (5) or fewer lots meets this title's requirements for minor subdivisions. 

SWAP MEETS: A location where the owner or lessee rents, lends or leases portions of the premises to persons for use as an open market place to barter, exchange or sell goods. A flea market shall be considered a swap meet. Yard sales and garage sales at residences are not swap meets.

SWIMMING POOL: Any constructed pool, any part of which is above or below grade. Also, any prefabricated pool, any part of which is below grade, or any prefabricated pool which is totally above grade and has a capacity of five thousand (5,000) gallons or more, used for swimming or bathing.

TAVERN: Any business establishment operating under a private club or on premises beer license.

TEMPLE: See definition of Church Or Temple.

TRAIL: A path, hard or soft surfaced, intended for public use for recreation and/or alternative transportation methods, and which may provide access to City, State, or Federal open lands or recreation areas

TRAVEL VEHICLE: A trailer, camper or motor home designed or used for sleeping by persons while traveling, but not intended as a permanent dwelling, and not constructed for permanent attachment to public utilities.

UTILITIES: Includes culinary water lines, pressure and gravity irrigation lines, sanitary sewer, and flood control facilities, electric power, natural gas, cable television telecommunication services, underground conduits and junction boxes. 

VARIANCE: A variation of, or deviation from, the regulations or standards adopted by ordinance, which the land use appeal authority is permitted to grant.

VOCATIONAL SCHOOL: A school which specifically trains people for a skill or trade to be pursued as a trade.

WATER AND SEWER IMPROVEMENT DISTRICT: Any water or sewer improvement districts or service, existing or hereinafter organized which have jurisdiction over the land proposed for a subdivision.

WATER CONVEYANCE FACILITY: A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. This definition does not include a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. 

YARD: A space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

YARD, FRONT: Any yard between the front lot line and the setback line of a main building and extending for the full width of the lot.

YARD, REAR: A yard between the rear lot line and the setback line of a main building, extending across the full width of inside lots and for corner lots a yard between the rear lot line and the setback line of the building and extending between the side lot line and the front yard lying opposite thereto.

YARD SALE: See definition of Garage Sale Or Yard Sale.

YARD, SIDE: Any yard between the side lot line and the setback line of a main building, extending from the front yard to the rear yard.

YARD, STREET SIDE: On corner lots, the yard determined by the owner to be the side yard on the street and running from the front setback line to the rear property line.

ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on lots with one side wall of the building located on the property line.

ZONING ORDINANCE: The Morgan City Planning and Zoning Ordinance is presently adopted and amended hereafter by the City Council, and is also referred to as Title 10 of this Code.

(Ord. 040202, 4-2-2002; amd. 2003 Code; Ord. 092804, 9-28-2004; Ord. 05-07, 5-10-2005; Ord. 05-14, 8-9-2005; Ord. 06-02, 2-28-2006; Ord. 06-03, 3-28-2006; Ord. 08-14, 11-25-2008; Ord. 12-05, 4-10-2012; Ord.24-14, 1-28-2025) 

Footnote 1: See also licensing of kennels at MCC 5.02.050.
Footnote 2: See also licensing of kennels at MCC 5.02.050.