1. Permitted, Conditional Uses Of Land, Structures: In any district, no land or structure shall be used, and no building shall hereafter be erected or structurally altered, unless it is:
   
   1. One of the uses listed as permitted by right in that district in MCC 10.16.150 table 4-1, or one or more of the uses listed as permitted in that district in MCC 10.16.160 table 4-2; or
      
   2. One or more of the conditional uses listed for that district in MCC 10.16.150 table 4-1 and MCC 10.16.160 table 4-2; provided, that a conditional use permit has been issued, according to the procedures specified in MCC 10.26.
      
2. Unspecified Uses; How Determined: In the situation where a use is not specifically included in MCC 10.16.150 table 4-1 and MCC 10.16.160 table 4-2, such a use shall be subject to the regulations of the use (whether permitted by right or a conditional use) to which it is most related or similar, as determined by the planning staff. The planning staff may determine that such a use is permitted by right, permitted as a conditional use, or not permitted in a particular district. A written record of all such determinations shall be made and kept for consultation in future cases and for consideration as amendments to the table of land use regulations (MCC 10.16.150 table 4-1 and MCC 10.16.160 table 4-2).
   
3. Scope Of Determination: Uses by right or conditional uses are principal uses subject to all chapters of this title which have an effect on all or specific zoning district regulations. (Ord. 040202, 4-2-2002)
   

1. Principal Uses: The uses listed in MCC 10.16.150 table 4-1 and MCC 10.16.160 table 4-2, as permitted by right and conditional uses in the various zoning districts, are principal uses except when noted as being accessory.
   
2. Accessory Uses, Building Or Structure: Except as otherwise provided, an accessory use, building, or structure is permitted to accompany the principal use to which it is subordinate, where such principal use is either permitted by right or authorized by a conditional use permit.
   
3. Building Permit Required For Accessory Buildings; Certificate Of Occupancy: Building permits shall be required for accessory buildings of two hundred (200) square feet roof area or more. Certificates of occupancy may not be issued to accessory buildings except as a part of the certificate of occupancy for the principal use.
   
4. Conditions For Accessory Structure Or Use: A structure or use may be erected or established as an accessory structure or use to a permitted principal structure or use; provided, that it:
   
   1. Is clearly incidental and customary to, and commonly associated with the operation of the principal use;
      
   2. Is operated and maintained under the same ownership or by lessors or concessionaires thereof and on the same lot as the principal use;
      
   3. Does not include structures or structural features inconsistent with the use by right;
      
   4. Is compatible in character and extent with the principal use and zoning district where located;
      
   5. Is not erected or established prior to the establishment or construction of the principal use or building; and
      
   6. Is not prohibited by other city code provisions.
      
5. Location Of Attached Accessory Structures: Any portion of a main building or appendage thereof or any such building constructed as an architectural and integral part thereof which is designed, constructed or used for accessory use purposes shall be located as required for any other part of the main building.
   
6. Maximum Coverage For Accessory Structures And Uses:
   
   1. In residential zoning districts, no accessory building, structure or group of such buildings or structures shall cover more than twenty five percent (25%) of the minimum rear yard space. Parking spaces and any impervious surface areas shall be included as coverage when determining the twenty five percent (25%) coverage of the rear yard space.
      
   2. In commercial and manufacturing zoning districts, the main building and all accessory buildings or uses in aggregate shall not exceed the lot coverage requirements outlined in MCC 10.14.080 table 3-2.
      
7. Location Of Detached Accessory Structures And Buildings: In residential zoning districts, all accessory buildings or structures shall be located in either the rear or side yards, unless incorporated into the principal use building or structure as an architectural and integral part thereof. In commercial and manufacturing zoning districts, accessory buildings may be located as outlined in MCC 10.14.080 table 3-2. Specific setback regulations for all zoning districts are found in MCC 10.14.070 tables 3-1 and MCC 10.14.080 table 3-2. (Ord. 07-10, 7-31-2007)
   
8. Location Of Detached Accessory Structures Or Improvements Regarding Easements: Accessory structures or other permanent improvements may be placed on the surface of a side yard or rear yard utility and drainage easement under the following conditions:
   
   1. The accessory structure or improvement is on a fully developed lot within a subdivision;
      
   2. The owner has verified, in writing, that there is no utility or improvement in the easement;
      
   3. The owner obtains a permit for the structure or improvement, when required;
      
   4. The owner complies with all other setback and easement restrictions, and any other limitations that may be imposed by any homeowners' association or the applicable covenants, conditions and restrictions.
      
      If a utility company desires to utilize such an easement subsequent to the placement of the accessory structure or improvement pursuant hereto, said company must install its facilities in such a manner so as not to damage said structure or improvement. This may require the use of boring or other similar methods. This section shall not apply to any structure or improvement placed in the easement prior to November 6, 2008. (Ord. 08-11, 10-14-2008)

A home occupation, which shall be considered an accessory use, shall meet all the following provisions:

1. Family Members: The occupation shall be limited to members of the family who reside on the premises;
   
2. Allowable Area Of Dwelling: The occupation shall involve the use of no more than one room in the dwelling or the equivalent of twenty percent (20%) of the ground floor area, whichever is greater. Home preschool/daycare shall meet all state and city requirements and building code requirements for the number of children allowed. If there are conflicts with any regulations, the more restrictive requirements shall apply;
   
3. Activity Contained Within; Exceptions: No home occupation shall carry on activities outside of the dwelling not normally associated with residential use, except outside private swimming pools or tennis courts may be used for instruction and play areas provided for daycare/preschools. All outside home occupation activities shall be within fenced yard spaces. No portion of any home occupation shall be conducted in the attached or detached garage or carport section of the dwelling, nor shall the use of any accessory building, yard space or storage be allowed, unless approved by the planning commission;
   
4. Not Detectable By Residents: The occupation shall be conducted in such a manner that the average neighbor, under normal circumstances, would not be aware of its existence;
   
5. Nuisances Prohibited: The occupation shall not be associated with noise, dust, odors, noxious fumes, glare or other nuisances which are discernible beyond the premises;
   
6. Parking Of Vehicles; Traffic: No objectionable traffic or parking shall be allowed around the premises;
   
7. Nonhazardous Materials: No occupation shall create a hazard by using flammable explosives or other dangerous materials;
   
8. Limited Signage: The occupation shall include no window displays and signage shall be limited to an identification sign which does not exceed four (4) square feet, located on a single wall or window;
   
9. No Display Of Merchandise: There shall be no display, nor stock in trade, nor any employees;
   
10. Vehicles For Occupation: Vehicles associated with home occupations shall be limited as follows:
    
    1. Two (2) passenger cars, vans or pickup trucks; or
       
    2. One large truck not to exceed one and one-half (11/2) tons; or
       
    3. One trailer located out of the right of way and behind the front setback of the residential structure; (Ord. 07-10, 7-31-2007)
       
11. Review Of Application; Appeal; Inspections: An application for a home occupation shall be reviewed by the planning commission for approval. The decision of the planning commission may be appealed to the land use appeal authority. Such appeal shall be applied for within thirty (30) days of the planning commission's decision. If the land use appeal authority approves the application, the planning commission shall issue a home occupation permit. The planning commission may revoke the home occupation permit for violation of any provision of this code. Inspections may be performed without notice to ensure compliance to this section. (Ord. 07-10, 7-31-2007; amd. Ord. 12-05, 4-10-2012)

A "home preschool" is an educational facility operated on a residential premises with the following requirements:

1. Regularly providing an educational program for not more than twelve (12) children at any one time (including the operator's natural, adopted or foster children under 6 years of age);
   
2. Children are to be under six (6) years of age;
   
3. Classes shall not be conducted for more than four (4) hours a day;
   
4. Classes shall be operated between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.;
   
5. Instructors shall show evidence of knowledge in the field that they will be teaching;
   
6. Instructors shall be licensed by the state, if applicable;
   
7. The facility shall provide at least thirty five (35) square feet of interior floor area and at least one hundred (100) square feet of outdoor play area for each child;
   
8. Such use shall be defined a "home occupation" for purposes of this title and be in compliance with all city codes; and
   
9. Instructors shall specify the type of curriculum that will be taught. (Ord. 040202, 4-2-2002)

Any daycare operation conducted on property where the primary use is a residence shall be appropriately licensed by the state and the city, and shall comply with the following standards:

1. Compliance; Exemption: The daycare operation shall comply with all provisions of a home occupation; except that a daycare shall be exempt from the limitation on the use of space in and outside the home.
   
2. Single Provider Homes: A single provider home daycare shall be limited to not more than eight (8) children, including the provider's own children, under the age of six (6). No more than two (2) of the children may be under the age of two (2).
   
3. Two Provider Homes: A two (2) provider home daycare shall be limited to not more than twelve (12) children, including the provider's own children, under the age of six (6). No more than three (3) of the children may be under the age of two (2). Both providers shall be residents of the home in which the home daycare is being conducted.
   
4. Interior Space: There shall be a minimum of thirty five (35) square feet of interior space provided for each person within the area being used for home daycare. Such space shall be exclusive of any storage, restroom or hall spaces. A floor plan indicating what area of the home will be utilized for daycare shall be submitted with each application. The floor plan shall be reviewed and approved by the city staff prior to operation of the home daycare.
   
5. Yard Space; Site Plan: There shall be a minimum of one hundred (100) square feet of yard space provided for each child kept within the daycare. Said space shall be secured by fencing or other acceptable means. Any area or use within the yard area determined to be a hazard to children shall be secured from access and shall not be counted in the open space for the home daycare. A site plan of the yard space being used for home daycare shall be reviewed and approved by the city staff.
   
6. Exits:
   
   1. The area(s) used for the home daycare shall have two (2) separate means of egress arranged so that if one is blocked, the other will be available.
      
   2. Exit doors other than the main exit may be thirty two inches (32") wide. Main exits shall be thirty six inches (36") wide.
      
   3. When the area being used for home daycare is located in the basement or on the second floor, one of the exits must discharge directly to the outside.
      
7. Third Story Prohibited: No home daycare shall be operated above the second floor of a residential structure.
   
8. Sleeping Area: Rooms used for sleeping shall have at least one window and door approved for emergency escape.
   
9. Doors:
   
   1. Closet door latches shall be such that children can open the door from the inside of the closet.
      
   2. Bathroom door locks shall be readily openable by the provider from the outside.
      
10. Smoke Detectors: Smoke detectors shall be installed according to the latest edition of the adopted building code.
    
11. Electrical Outlets: Electrical outlets shall be protected or capped with safety devices.
    
12. Hazardous Materials; Objects Secured: Toxic, hazardous, flammable materials, medicines, firearms or other potentially hazardous materials shall be locked in a protected area.
    
13. Heat Sources: Fireplaces, wood burning stoves, or open face heaters shall be inaccessible to children when in use. Portable space heaters are not permitted when children are on the premises.
    
14. Emergency Plan: Each home daycare shall have a written emergency and/or disaster plan which covers natural disasters, power failures etc., which may pose a health hazard to the children. Evidence that an emergency drill has been conducted at least on a quarterly basis shall be provided to the city/county fire department at the time of the yearly inspection.
    
15. Fire Extinguisher: The area devoted to daycare shall be provided with at least one fire extinguisher. (Ord. 040202, 4-2-2002)
    

A residential facility for elderly persons is a dwelling unit that offers living quarters to a limited number of nonrelated elderly persons. Residential facilities for elderly persons shall be allowed as a permitted use in multi-family zoning districts and a conditional use in single-family zoning districts. A residential facility for elderly persons may not operate as a business. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility. Residential facilities for elderly persons shall comply with the following requirements:

1. Owner, Operator Resident: Shall be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
   
2. Zoning Compliance Required: Shall be consistent with existing zoning of the desired location;
3. Hours Of Operation: Shall be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement;
4. Code Compliance: Shall meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
5. Parking: Shall provide adequate off street parking space as per MCC 10.30.050;
6. Residential Appearance: Shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structures residential character;
7. Proximity To Like Establishment: No residential facility for elderly persons be established within three-fourths (3/4) mile of another residential facility for elderly persons or residential facility for persons with a disability, as defined by Utah Code § 10-9-605;
8. Not Facility For Rehabilitation: No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
9. Residents Voluntary: Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility;
10. Use Exclusive, Nontransferable: The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the ordinances adopted under this code.
11. Discrimination Prohibited: Discrimination against elderly persons and facilities for elderly persons and persons with disabilities is prohibited. (Ord. 040202, 4-2-2002)

A "residential facility for persons with a disability" (as defined in Utah Code § 57-21-2) means a residence in which more than one person with a disability resides. Residential facilities for persons with a disability must conform to the following:

1. Adhere To State Statutes: All applicable standards and requirements of the department of human services under Utah Code 62a-2, licensure of programs and facilities; and
   
2. Code Compliance: Meet all municipal building, safety and health ordinances applicable to similar dwellings and comply with Utah Code 57-21, Utah fair housing act, and the federal fair housing amendments act of 1988, 42 United States Code section 3601 et seq.; and
3. Quality Supervision: Provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour per day basis; and
4. Parking: Provide adequate off street parking space; and (Ord. 040202, 4-2-2002)
5. Maintain Residential Appearance: Be capable of use as a residential facility for disabled persons without structural or landscaping alterations that would change the structures residential character; and
6. Proximity To Similar Facilities: Not be established or maintained within three-fourths (3/4) mile of another residential facility for disabled persons; and
7. Certain Persons Excluded:
   1. Not allow a person being treated for alcoholism or drug abuse be placed in a residential facility for disabled persons; and
      
   2. Not allow a person who is violent to be placed in a residential facility for disabled persons; and
8. Voluntary Placement: Require that placement in a residential facility for disabled persons be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; and (Ord. 040202, 4-2-2002; amd. 2003 Code)
9. Inspection: Obtain permits to facilitate inspections for compliance with the building, safety and health regulations that are applicable to similar structures; and
10. State To Monitor Programs And Services Offered: The responsibility to license programs or entities which operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the department of human services, as provided in Utah Code § 62A-2-114 and Utah Code 62A-5, services to people with disabilities. (Ord. 040202, 4-2-2002)

1. Limited Number Of Pets¹; Service, Aid Dogs Excepted: Household pets shall be limited to the keeping of not more than two (2) dogs or cats, or combination thereof, four (4) months old or older. In addition to the two (2) permitted animals, one seeing eye, search and rescue, or other aid dog may be allowed under the following circumstances:
   
   1. A conditional use permit is issued by the planning commission. In addition to the typical items considered by the planning commission for a conditional use, the following shall also be reviewed:
      
      1. The location and size of any outdoor pens, runs or enclosures;
         
      2. The owner's demonstrated ability to keep the additional animal in a clean and healthy environment, and in a manner that is not offensive to any neighbors; (Ord. 040202, 4-2-2002)
         
      3. That the animals will be kept in accordance to all county health and city and county animal control requirements; and (Ord. 040202, 4-2-2002; amd. 2003 Code)
         
      4. The premises shall be subject to inspection annually by the community development department.
         
   2. The aid dog is certified to serve in the capacity intended by the independent and qualified agency. Aid dogs that are in the process of being trained shall have not more than six (6) months to become certified unless a longer period is granted by the planning commission. The certification of the aid dog is subject to inspection annually by the city. Failure to obtain the certification in the prescribed time period, and maintenance of it thereafter, shall result in the revocation of the conditional use permit; and
      
   3. The owner of the aid dog also owns and was keeping two (2) dogs or cats, or combination thereof, prior to obtaining the aid dog.
      
2. Noncertified Dogs Not Replaced: If, after receiving a permit for the third animal, either of the two (2) noncertified animals becomes absent from the premises, for whatever reason, said animal shall not be replaced.
   
3. Show, Hunting Dogs Unqualified: Show, hunting or other animals not trained and certified to give aid to the physically or mentally impaired, or serve in search and rescue efforts, shall not qualify for the keeping of the third animal.
   
4. Other Household Pets: Animals and fowl customarily kept within the home, such as hamsters, guinea pigs, parakeets, canaries, etc., may be kept so long as they are not being raised for commercial purposes, or do not violate other laws, ordinances or codes.
   
5. Other Unqualified Animals: Animals normally associated with being kept outdoors and/or normally associated with agricultural areas such as horses, cows, goats, sheep, pigs, rabbits, chickens, ducks, geese or other farm animals, shall not be allowed as household pets. (Ord. 040202, 4-2-2002)
   

Footnote 1: See also MCC 10.04.010 for definitions of "kennel", and MCC 5.02.050 for kennel regulations.

1. Areas Zoned For Farm Animals: Farm animals are allowed in every zone, except commercial zones, including all residential zones. The number and type of animals and fowl allowed in these zones shall be limited as in this ordinance.
   
2. Animals Allowed: Not more than any of the following are allowed: one cow or horse; or two (2) sheep or goats; or twenty five (25) pheasants or chickens or, rabbits, or pigeons; or ten (10) geese or ducks. See D for smaller than 20,000 square feet. Animals and fowl not specifically listed may be substituted for those listed of similar size. Combinations of animals and/or fowl are also allowed by a conditional use permit for a farm industry as set forth in this title.
   
3. Lot Size: For every twenty thousand (20,000) square feet of lot area, one of the above mentioned types of animals will be allowed. Furthermore for every additional ten thousand (10,000) square feet of lot area, one additional type of animal will be allowed. (Ord. 102803, 10-28-2003)
   
4. Chickens
   1. Chickens Allowed by Lot Size

      Lots Size	Maximum Number of Hens
      Less than 20,00 sq ft	6 hens
      20,000 sq ft or greater	See Section B

   2. The maximum number of chickens includes all ages over 6 weeks.
   3. Setbacks and Coop Standards (applies to all lot sizes and all fowl types)
      
      1. Chicken coops and runs must comply with the following setbacks:
         1. Minimum 5 feet from side and rear property lines
         2. Minimum 25 feet from any dwelling (including on adjacent properties)
   4. Coops shall:
      1. Not exceed 8 feet in height and 120 square feet in area (except for lots equal to or greater than 20,000 square feet).
      2. Be constructed to be predator-proof, ventilated, and weather-protected
   5. Maintenance and Nuisance Prevention (applies to all lot sizes and all fowl types).
      1. The chickens-keeping area must always be maintained in a clean and sanitary condition.
      2. Manure must be:
         1. Removed regularly and compliant with the Nuisance Ordinances in Chapter 4.
      3. Feed must be:
         1. Stored in sealed containers to prevent rodents and pests
            
   6. Chickens must remain confined to the property at all times within a coop or an enclosed yard.
      
   7. Prohibitions
      
      1. Roosters are not allowed (except for lots equal to or greater than 20,000 SF).
      2. No commercial sales. Commercial sales shall mean sales of eggs to a commercial establishments.
   8. Enforcement
      1. All chicken-keeping activities must comply with the nuisance provisions of Morgan City Code (Chapter 4).
      2. Violations of this section may be subject to enforcement, abatement, or removal as prescribed in Title 10 and other applicable codes.

Every use shall be so operated that it does not emit an excessive or dangerous degree of fumes, dust, smoke or other form of air pollution, or heat, glare or radiation beyond any lot on which the use is located. No use shall generate vibration which is perceptible without the use of instruments at any lot line. Sound shall not be generated to the extent that it is transmitted beyond the lot boundaries to an objectionable degree or offensive to the peace.

1. Exterior Lighting: Exterior lighting installed in commercial, industrial and institutional uses that are adjacent to residential areas, shall submit plans and specifications for approval by the city which meet the following standards:
   
   1. Any light fixture located within thirty five feet (35') of a residential boundary shall not exceed a height of twenty feet (20');
      
   2. Light fixtures located more than thirty five feet (35') from a residential boundary shall not exceed the maximum height permitted for main structures in the zone, or thirty five feet (35'), whichever is less;
      
   3. Light standards shall be spaced at a distance of at least four (4) times the height of the standard;
      
   4. Shielding of light fixtures shall be provided such that the light source shall not be visible at a height greater than five feet (5') above ground level at any residential property line. Shielding shall also be provided such that any lighting will not create a hazard to any driver on an adjacent public street;
      
   5. Uplighting (lights at or near ground level used to highlight architecture, landscaping or signs) or spotlighting shall be focused to the interior of the commercial/industrial site, or at an angle into the air such that no beam of light shall enter onto residential property or into a street so as to create a hazard to any driver;
      
   6. A site plan showing the lighting pattern of each light, whether mounted on a standard, on the ground, or on any structure, shall be submitted to the planning staff for approval; and
      
   7. Recreational facilities requiring lighting may be exempted from the above requirements; however, all such lighting shall be approved as a conditional use.
      
2. Exterior Electronic Two-Way Conversation Systems: Exterior electronic two-way conversation systems at any commercial or industrial location shall be allowed so long as the volume of such systems shall be maintained at a level such that any message or conversation is not intelligible beyond the property line at any time.
   
3. Electrical, Mechanical Systems: All electrical and mechanical systems installed at any commercial or industrial location that is adjacent to a residentially zoned area shall provide a buffer such that the equipment cannot be seen or heard above the average noise levels in the area from the residential property.
   
4. Service Areas: All service areas including loading or unloading and garbage or recycled materials pickup shall be located, buffered and operated such that adjacent residential areas will not be disturbed by the use thereof. (Ord. 040202, 4-2-2002)

In addition to requirements found elsewhere in this code and the laws of the state, all outdoor storage and waste disposal shall be done under the requirements of this section:

1. Required Enclosures: Outdoor storage facilities for junkyards, fuel, and raw materials and products, except for agricultural products, shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street unless expressly exempted elsewhere in this title. No items may be stacked higher than the fence or wall of the enclosure.
   
2. Trash Receptacles: All commercial, industrial, institutional, multi-family, condominium or other development or enterprise required to provide private garbage collection shall be required to locate all outdoor trash receptacles within an area enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street. No items may be stacked higher than the fence or wall of the enclosure. Temporary containers for construction sites, containers located as part of city sponsored cleanup activities or celebrations, and those in public parks are exempt from these requirements.
   
3. Improper Deposits: No materials or waste shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to, rodents or insects may not be stored outdoors unless put in closed containers.
   
4. Open Space Protected: No yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be used for the storage of junk, building materials, debris, inoperable vehicles or commercial equipment, and no other land shall be used for such purposes except as specifically permitted herein.
   
5. Storage Of Agricultural Products: Open storage of hay or other agricultural products shall be located not less than forty feet (40') from a public street, and fifty feet (50') from any dwelling on adjoining property; except, that any accessory building containing such products shall be located as required for all agricultural accessory buildings as provided for herein. (Ord. 040202, 4-2-2002)
   

All public use storage facilities shall meet the following additional requirements:

1. Impervious Surfaces: Have impervious surfacing (concrete, asphaltic concrete or asphalt) in all areas of established or anticipated traffic flows surrounding buildings and throughout the entire site, except where landscaping is required;
   
2. Parking; Screening Or Fencing: All outdoor storage areas shall meet the parking lot requirements of MCC 10.30.050 and shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street. The planning commission may require higher fences if deemed necessary to ensure screening. No junk may be stored within the enclosure and no items may be stacked higher than the fence or wall of the enclosure; and
3. Other Acceptable Surfacing: All areas not required to be either landscaped or surfaced with concrete, asphaltic concrete or asphalt shall be surfaced with a hard material such as road base or gravel and maintained free of weeds and other debris. (Ord. 040202, 4-2-2002)

1. All automobile major repair shops, auto body shops and upholstery shops shall be a conditional use in all zones in which they are allowed. No vehicles shall be kept for repair for more than twenty one (21) days unless it is kept within a fully fenced area or an enclosed structure. The planning commission may require fences or walls where deemed appropriate. The storage area may not be used as a junkyard. No items stored in the enclosed area may be stacked higher than the fence or wall of the enclosure. Such facilities shall also meet the parking lot requirements of MCC 10.30.050.
   
2. With the exception of the provisions governing the twenty one (21) day period, this section shall only apply to outdoor storage for automobile repair establishments approved after July 31, 2007. (Ord. 07-10, 7-31-2007)

Notes:
1. See MCC 10.16.090B.
2. Property must be a current agricultural operation. Except for fireworks, see MCC 10.34.070C1.
3. Limited to produce grown on the same premises.

(Ord. 12-07, 5-22-2012)

Note:
1. The property must be vacant or being used as zoned.(Ord. 12-07, 5-22-2012)

2. In the Central Commercial (C-C) Zone Multiple-family residential shall be permitted only when located behind other commercial buildings which are fronting public streets.

1. Purpose And Intent: The purpose of a planned dwelling group (PDG) is to encourage better utilization of parcels of land up to ten (10) acres in size to ensure neighborhood compatibility, and to provide land development patterns which meet the needs of those living in the developments and surrounding community. This shall be accomplished by allowing more than one building on a lot, flexible placement of buildings, and allowing private infrastructure systems within the project.
   
2. Area Requirements:
   
   1. A planned dwelling group (PDG) may be developed on a parcel of property, which is between sixteen thousand (16,000) square feet and ten (10) acres. If contiguous parcels are combined for the development, the entire acreage of the combined parcels shall be considered for the total area of the planned dwelling group.
      
   2. The minimum lot area required per unit and the minimum separation between buildings shall be based on MCC 10.14.070, tables 3-1.
      
   3. If one of the principal structures in a planned dwelling group is adjacent to any single-family residential zone or use and is over two (2) stories in height, it shall be set back an additional five feet (5'). The maximum height for a principal structure is 2.5 stories or thirty feet (30') in the RM-7 zone and thirty five feet (35') in the RM-15 zone.
      
3. Building Design:
   
   1. Exterior: All four (4) sides of the building, excluding doors and windows, shall have the same use of exterior finish materials (e.g., if brick is used on the front of the building it also is used on the other 3 elevations of the building). The use of vinyl siding materials on greater than sixty percent (60%) on all four (4) sides is not acceptable. The planning commission may consider other options to having all four (4) sides of the building finished in the same materials. In considering other options, the design needs to bring continuity to the entire building, development and neighborhood (e.g., privacy fences made of similar building materials which block the view of other portions of the building, quoins used to give relief to corners, facades having physical changes in the vertical planes so a flat facade is avoided). The commission may also consider other options when there are substantial grade differences from one side of the building to another and variations in the material will not impact neighborhood continuity.
      
   2. Architectural Detailing: Architectural detailing is required in order to provide interest and theme to the buildings. At a minimum, the building designs shall have a covered entry porch and at least two (2) of the following architectural elements, which provide a defined character to the building:
      
      1. Bay windows.
         
      2. Quoins.
         
      3. Dormers.
         
      4. Cantilevered floor.
         
      5. Decorative cornice work.
         
      6. Corbelling on wall.
         
      7. Decorative lintel.
         
      8. Roof style other than gable.
         
   3. Compatible Theme: The architecture shall be visually compatible with the common elements of the existing architecture in the area. The planned architectural theme shall as a minimum use the common elements of the existing architecture in the area with respect to: a) the roof design and pitch, provided that pitch shall in all cases be four to twelve (4:12) or greater, b) the ratio of solid materials (walls) to glazing materials (windows). In the event the neighborhood is in transition or does not have a dominant architectural theme, the commission may approve architecture designs that enhance the neighborhood fabric.
      
   4. Visual Relief: The architecture of the dwellings shall have visual relief in facade and rooflines that adds variety and rhythm to the design, and avoids monotonous straight lines.
      
   5. Front Design: The front of each dwelling structure shall be designed so that:
      
      1. If a building has an attached garage or an area where a garage can be built along the front of the building, the garage doors or area where a garage can be built shall not occupy more than forty percent (40%) of the ground level building frontage.
         
      2. If the attached garage or an area where a garage can be built is accessed from the front the garage or area where a garage can be built shall be set back a minimum of five feet (5') from the building front.
         
      3. The front of the building has as a minimum the design elements of a main entry door and ten percent (10%) of the wall surface area on the main level in glazing.
         
   6. Site Layout: The materials and height of the building is to be sensitive to the existing topography and vegetation that exists on site. The buildings shall be built into the existing topography so that no major cuts occur (i.e., if for example the site slopes, the building should be stepped into the hill). The existing vegetation shall be identified and shown how it will be preserved on site. In the event that areas of vegetation are proposed to be removed, removal shall occur only upon approval by the planning commission based upon a site analysis and revegetation plan that is sensitive to the existing topography and vegetation.
      
4. Landscaping And Fencing: Planned dwelling groups (PDG) shall have open space, street frontage landscape strips, transitional landscaping, and fencing consistent with the requirements of MCC 10.20.
   
5. Off Street Parking: Parking spaces required, size of parking spaces, and access requirements for planned dwelling groups (PDG) shall be consistent with the requirements of MCC 10.30.
   
6. Subdivision Regulations: Document submission requirements, review procedures, and design and construction standards for planned dwelling groups (PDG) shall be consistent with the requirements of MCC 11. (Ord. 05-14, 8-9-2005)

1. Accessory Dwelling Units (ADUs) in single-family residential zones are an essential tool in the City's overall housing goals and needs. ADUs allow for alternative and flexible housing options in single-family residential neighborhoods. The purposes of the ADU standards of this code are to:
   
   1. Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development.
      
   2. Provide more housing choices in residential zones.
      
   3. Allow more efficient use of existing streets, utilities, homes, and large underutilized yards.
      
   4. Provide housing options for family caregivers, adult children, aging parents, newly established households, and families seeking flexible housing solutions.
      
   5. Offer a means for residents, seniors, single parents, and families with older children to remain in their homes and neighborhoods and obtain extra income, security, companionship, and services.
      
   6. Broaden the range of affordable housing options throughout the City.
      
   7. Comply with State codes and land use laws.

The City intends that adopting this Ordinance shall not be understood as increasing the residential lot/unit density of the underlying zone designation. An ADU shall always be an accessory to the principal dwelling.

1. Lots are eligible for an accessory dwelling unit if:
   1. The property is owner-occupied as defined in this Ordinance.
   2. The use of the lot at the time of application and any time after that is single-family residential.
   3. See ADU Land Use Table for Permitted Zone.
   4. The lot is equal to or greater than 6,000 square feet.

1. Accessory Dwelling Unit (ADU) An ADU is an independent habitable living unit with a kitchen, bath facilities, sleeping quarters, and entryway (to the outside). ADUs do not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels. ADUs require a permanent foundation.
2. Internal Accessory Dwelling Unit (IADU) is an Accessory Dwelling Unit created within the primary dwelling footprint. IADUs are created within an existing footprint of a home. The attached garages are part of the dwelling footprint.
3. Attached Accessory Dwelling Unit (AADU) means an Accessory Dwelling Unit that is constructed directly or added as part of the existing primary dwelling home. AADUs require a permanent foundation. The AADU must be fully enclosed, including any connection to the primary structure.
4. Detached Accessory Dwelling Unit (DADU) A DADU is an independent habitable living unit with a kitchen, bath facilities, and sleeping quarters separate from the primary dwelling unit. Detached Accessory Dwelling Units may be standalone or located over detached garages. DADUs do not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels. DADUs require a permanent foundation.

TABLE 1

*New residential homes are not allowed in Commercial Zones. Internal ADUs are allowed for existing residential homes in commercial zones as a non-conforming use. Attached and Detached ADUs are not permitted in Commercial/ Manufacturing Zones.

**Lot size minimums and design requirements apply to all Zones.

ADUs are permitted uses as set forth in the Utah Code and this Ordinance.

1. Application shall be submitted to the City Planning Department and must include, at a minimum, the following:
   1. Documentation that demonstrates the property is owner-occupied. The Owner's name must be on the County's property records directly or via legal documentation proving ownership.
   2. A properly scaled site plan and floor plans of all buildings on the lot. Plans shall include all existing and proposed structures and driveways.
   3. IADUs - provide an existing building plan showing rooms, entrances, kitchen, and bathroom.
   4. AADU - provide building plans.
   5. DADU – provide a site plan and building plans.
   6. Show parking on a site plan or photos showing parking availability.
   7. If located within the Sensitive Lands District, a Plot Plan complete with grading will be reviewed by City Staff.
      1. If located within a Flood Plain, the City's Ordinance applies (Title 1). City Staff will review plans.
      2. Sensitive lands do not apply to IADUs.
   8. Fee. The initial application fee for any ADU shall be paid. The payment of a partial application fee or the submittal of plans for a pre-submittal review shall not constitute a complete application. Fees shall be as set forth in the City's fee schedule.
   9. Only applications deemed complete by the City Staff shall be processed. Complete applications include appropriate application forms, signatures, and documents.
2. The application review shall, at a minimum, consist of the following:
   1. City Staff shall administer an application review procedure in which the proposed use and site development plan is evaluated for compliance with all applicable ordinances and codes.
   2. Referral of the application to all affected entities.
   3. Staff reviewing the application may involve other City Departments for additional considerations or conditions to meet all applicable standards adequately.
3. City staff shall present in writing a determination of the review's outcome.
4. If City staff determines that an accessory dwelling unit complies with the provisions of this chapter, then a notice of compliance shall be recorded on the property at the Morgan County Recorder's Office.
   1. Notices that demonstrate compliance with the City's land use regulations and state statute shall include, at a minimum, the following:
      1. A description of the primary dwelling;
      2. A statement that the primary dwelling or lot contains an ADU;
      3. A statement that the ADU may only be used in accordance with the City's land use regulations.
      4. A denied approval application may be appealed through the appeal authority pursuant to Title 10, Chapter 10.10 of the Morgan City Code.

1. An accessory dwelling unit as a standalone unit shall not be sold separately or subdivided from the principal dwelling unit or lot. All ordinances and subdivision ordinances apply to any and all subdivisions.
2. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, Flood Plain ordinance, and any other applicable codes. When a new ADU is proposed in an existing single-family dwelling, the ADU shall be compliant with all applicable standards.
3. Detached or Attached ADUs in Sensitive Lands areas will be reviewed by City staff.
4. The installation of separate utility meters is prohibited.
5. Setbacks for /Attached ADUs shall be the same as the main structure.
6. Design Standards. For new attached or detached, the new building shall incorporate at least one of the exterior materials used in the principal dwelling for twenty-five percent (25%) of all facades of the structure. The ADU must have a pitched roof unless the principal dwelling has a flat roof, in which case an ADU may have a flat roof or a pitched roof. The ADU shall maintain the same colors of the primary dwelling for at least sixty percent (60%) of all facades.
7. The outside entrance of the ADU must have a sidewalk to the driveway parking area.
8. Detached ADUs are prohibited on flag lots. An IADU/AADU may be located on a flag lot.
9. ADUs may not be built within a recorded easement.
10. Renting ADUs requires a business permit. All ADU landowners who are renting ADUs must obtain a business permit (annually). The business permit must be renewed annually and may be revoked for landowners failing to comply with City ordinances.
11. Short-term renting is per business licensing and City ordinances.
12. No more than one family may rent the ADU at any time. (See State Code 10-9a-505.5)
13. Prohibited separate utility meters.

1. Internal ADUs are regulated under Utah Code Ann. 10-9a-530, and additionally, Attached/Internal ADUs shall;
   1. Be prohibited on lots less than 6,000 square feet.;
   2. Have one off-street parking stall for the IADU/AADU. Parking shall be asphalt or concrete. The existing home must continue to meet the required parking.
   3. Not change the appearance of the primary dwelling as a single-family dwelling.
   4. Are not permitted in a mobile home.
   5. ADU additions or remodels must match the home in architectural styles, materials, form, and colors. The attached ADU/remodel requires architectural floor plans, color elevation drawings, and standard building plans.

1. A Detached ADU shall be a permanent structure built on a foundation. Trailers, mobile homes, and other portable structures, including all structures with wheels, shall not be permitted as a Detached ADU.
2. Exterior lighting shall provide illumination directed downward. The light source shall not be visible from adjacent properties.
3. Detached ADUs shall not be built on slopes of 30% or greater.
4. Detached ADU setbacks shall be according to Table 2. Exterior stairways and landing shall not encroach into a setback.
5. Detached ADUs are required to match the primary dwelling in architectural styles, materials, form, and colors. Detached would require an architectural floor plan, color elevation drawings, and standard building plans.
6. All Detached ADUs require their own building permit, even if they are building both units at the same time.
7. A Detached ADU shall be built after or simultaneous to the primary structure.

TABLE 2

If a property owner is found to be in violation of this Title, the City may revoke the use of an ADU on the property.

A separate address for all ADUs shall be established by the City. Typically, an Internal/Attached ADU shall have the same address as the primary residence with the addition of the letter B, and a Detached ADU shall have the letter C added. ADUs shall use a PO Box for mail service delivery.

1. In addition to any other legal or equitable remedies available to a municipality, the City may hold a lien against a property that contains an accessory dwelling unit if:
   1. The Owner of the property violates any provisions of this Title and any other applicable section of the code;
   2. The City provides a written notice of violation.
   3. The property owner fails to cure the violation within the time period prescribed in the written notice.
   4. The City records a copy of the written notice of lien with the County Recorder.
2. The written notice of violation shall:
   1. Describe the specific violation;
   2. Provide the Owner of the ADU a reasonable opportunity to cure the violation that is:
      1. No less than 14 days after the day on which the City sends the written notice of violation if the violation results from the Owner renting or offering to rent the ADU as a short-term rental; or
      2. No less than 30 days after the day the municipality sends the written notice of violation for any other violation.
   3. State that if the Owner of the property fails to cure the violation within the time period described above, the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
   4. Notify the Owner of the property:
      1. That the Owner of the property may file an appeal of the notice of violation within ten (10) business days after the day on which the written notice of violation is postmarked or posted on the property; and
      2. Of the name and address of the City office where the Owner of the property may file the written objection;
3. The written notice of lien shall:
   1. Comply with Utah Code Ann. Section 38-12-102;
   2. State that the property is subject to a lien;
   3. Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
   4. Be mailed to:
      1. The property's Owner of record and
      2. Any other individual designated to receive notice in the Owner's license or permit records and be posted on the property.
4. Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with the City's appeal process.
   1. If the Owner of property files a written objection to a notice of violation, City may not record a lien until a hearing is held to determine that the specific violation occurred.
   2. If City determines at the hearing that the specific violation has occurred, City may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.
   3. If the Owner of the property cures a violation within the time period prescribed in the written notice of violation, City may not hold a lien against the property or impose any penalty or fee on the Owner in relation to the specific violation described in the written notice of violation.
5. Upon issuing a permit or business license for an ADU, the City may record a notice in the office of the Morgan County Recorder. Upon recording a notice, the City shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include:
   1. A description of the primary dwelling;
   2. A statement that the primary dwelling contains an ADU; and
   3. A statement that the ADU may only be used in accordance with City ordinances.