Morgan County Unincorporated
City Zoning Code
City Zoning Code
RECREATIONAL DWELLING
OVERLAY DISTRICT
§ 155.285 PURPOSE.
(A) The purpose of the Recreational Dwelling Overlay District (RDOD) is to permit development of identified mountain areas that meet specific requirements for seasonal recreational residential development and other activities to the extent that they are compatible with the protection of the natural and scenic resources of the area for the benefit of present and future generations.
(B) Because the location, accessibility, terrain or other similar features of recreational dwellings are not easily serviced by local service providers, development shall be limited in these areas to minimize disturbance to the natural environment, lessen the fire danger, protect water supplies, protect wildlife, protect natural resources and view sheds and protect and promote open space values of the county.
(C) For the purpose of this subchapter, a SEASONAL RECREATIONAL DWELLING shall be defined as a dwelling that is not a primary residence of the occupant and is occupied for no more than 180 days in a year. (Further clarification of a primary residence is outlined by the state’s Tax Commission in Utah Admin. Code R884-24P.)
(Prior Code, § 8-5L-1) (Ord. 18-13, passed 8-7-2018)
§ 155.286 ESTABLISHMENT OF RDOD ZONES.
The RDOD Zone is intended to establish areas of the county where recreational dwellings may be allowed with customized zoning requirements in order to permit recreational, seasonal dwellings. The RDOD is intended to be utilized only where the General Plan’s future land use map allows recreational uses. The following requirements shall apply to the establishment of any RDOD Zone.
(A) Each RDOD shall be at least 100 acres in size.
(B) Each RDOD shall dedicate a minimum of 50% of the gross acreage of the project in perpetual open space. Each RDOD application shall submit an open space management and maintenance plan.
(C) A view shed analysis of any proposed dwelling units and access roads visual impact to the adjacent properties and public roads shall be provided to determine if the visual impact to the surrounding property is minimized to the fullest extent possible. View shed requirements shall be (see Figure 155.286-1 below):
(1) No ridgeline development;
(2) Development shall not project into skyline as viewed from major roadways;
(3) Hillside shall use natural colors that minimize visibility through building colors and landscapes; and
(4) All lighting shall be full cut-off and not impact view shed.
Figure 155.286-1: View shed requirements. DAT 2008 |
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(D) To establish an RDOD Zone, an application shall be submitted for a text and zoning map amendment as provided in this chapter:
(1) Proposed legal description for the subject property; and
(2) Proposed zone text which shall include:
(a) Permitted, conditional and accessory uses; and
(b) A conceptual land use plan which shows the following:
1. Location of proposed uses;
2. Access roads; and
3. Location, arrangement and configuration of open space.
(E) In considering a petition for an RDOD Zone, the proposed zone text and zoning map amendments may be modified by the county to meet the intent of this chapter and may include regulations and standards other than those proposed by the applicant.
(F) A proposed RDOD text and zoning map amendment and schematic development plan shall be approved only if, in the opinion of the County Commission, development proposed on the property will:
(1) Conform to applicable provisions of the county’s General Plan;
(2) Conform to applicable provisions of this chapter and this code;
(3) Better preserve the property and neighborhood by integrated planning and design than would be possible under other zoning regulations of this chapter; and
(4) Establish that development of the property will contribute positively to the county’s long-term economic stability.
(Prior Code, § 8-5L-2) (Ord. 18-13, passed 8-7-2018)
§ 155.287 PERMITTED USES.
Uses permitted in this zone are:
(A) Recreational dwelling for seasonal occupancy only;
(B) Accessory buildings, allowed after a permit for a dwelling has been issued;
(C) The keeping of limited numbers of animals and fowl;
(D) Livestock grazing;
(E) Short-term vacation rental (as per § 155.350 of this code, county business license required); and
(F) All uses as allowed in the underlying zone.
(Prior Code, § 8-5L-3) (Ord. 18-13, passed 8-7-2018)
§ 155.288 CONDITIONAL USES.
Uses requiring a conditional use permit in this zone are as follows:
(A) Commercial lodging;
(B) Private lodges (more than one family dwellings);
(C) Public buildings;
(D) Public utilities;
(E) Rural recreation grounds and facilities; and
(F) Other uses similar to those listed in divisions (A) through (E) above and judged by the Planning Commission to be in harmony with the character and intent of this zone.
(Prior Code, § 8-5L-4) (Ord. 18-13, passed 8-7-2018)
§ 155.289 HEIGHT REGULATIONS.
The maximum height for all buildings and structures in districts regulated by this subchapter shall be 35 feet, except as specifically provided for in other sections of this chapter.
(Prior Code, § 8-5L-5) (Ord. 18-13, passed 8-7-2018)
§ 155.290 AREA, STREET FRONTAGE AND SETBACK REGULATIONS.
(A) The minimum lot area in acres for any main use in the districts regulated by this subchapter, except as allowed for utility uses and governmentally operated essential service facilities in § 155.326 of this code, shall be 100 acres.
(B) The minimum lot area may be reduced if the clustering requirements are met through a clustering plan, which meets the following requirements:
(1) Include at least 200 acres;
(2) Maintain a gross density of one recreational dwelling unit (RDU) for each 100 acres;
(3) Maintain undeveloped open space of at least 50% of the total acreage with a maintenance plan including financial provisions provided by the homeowners’ association; and
(4) A common road shall provide access to each lot in which a homeowners’ association is legally established. A perpetual maintenance plan, including estimates of annual assessments and 30-year road maintenance costs, along with provisions for management of the association, shall be included within the CC&Rs for the subdivision. All CC&Rs and HOA corporate documents and bylaws shall be recorded prior to or concurrent with the clustering plan.
(Prior Code, § 8-5L-6) (Ord. 18-13, passed 8-7-2018)
§ 155.291 WIDTH AND ACCESS REGULATIONS.
(A) The minimum width in feet for any lot in the districts regulated by this subchapter, except as allowed for utility uses and governmentally operated essential service facilities in § 155.326 of this code, shall be 200 feet.
(B) Properties utilizing access easements for recreational dwelling units are not required to meet minimum frontage requirements.
(C) Lots or parcels that are not adjacent to or share a boundary line with a public or private road shall provide evidence of new easements for access to the property for the purpose of a new recreational dwelling unit.
(D) Access easements shall be a minimum of 26 feet wide and shall be recorded against adjacent properties in favor of the lot or parcel in perpetuity and shall allow access for emergency personnel and apparatus, in accordance with § 155.427 of this code.
(Prior Code, § 8-5L-7) (Ord. 18-13, passed 8-7-2018)
§ 155.292 YARD REGULATIONS.
(A) Front yard regulations.
Districts | |
RDOD | |
Accessory buildings may have the same minimum front yard depth as main buildings if they have the same side yard required for main buildings; otherwise, they shall be set the following distance in feet from the rear of the main building | 8 |
The minimum depth in feet for the front yard for main buildings and accessory buildings in districts regulated by this subchapter shall be: | 100 |
Where the proposed minimum right-of-way is more than 66 feet, the setback in feet shall be 1/2 proposed right-of-way, plus 30 feet | A |
(B) Rear yard regulations.
Districts | |
RDOD | |
The minimum depth in feet for the rear yard in the districts regulated by this subchapter shall be: | |
Accessory buildings | 60 |
Main buildings | 60 |
Utility facilities and governmentally operated essential service facilities | 15 |
(C) Side yard regulations.
Districts | |
RDOD | |
The minimum side yard in feet for districts regulated by this subchapter shall be: | |
Accessory buildings | 60 |
Main buildings | 60 |
Utility facilities and governmentally operated essential service facilities | 15 |
(D) Fence regulations. All recreational dwelling units shall be required to fence out livestock.
(Prior Code, § 8-5L-8) (Ord. 18-13, passed 8-7-2018)
§ 155.293 SLOPE AND SOIL REGULATIONS.
§ 155.294 SEPTIC REGULATIONS.
(A) Septic tanks and bathroom facilities will be required to be constructed along with any building permit. Separate bathroom facilities, if detached from a main dwelling, shall also require a building permit.
(B) Wastewater shall be disposed of according to state and federal law, to include sewage disposal or approved on-site wastewater disposal system.
(Prior Code, § 8-5L-10) (Ord. 18-13, passed 8-7-2018)
§ 155.295 LIMITED SERVICE AREA.
(A) Any structure permitted through this regulation may not receive any county services including but not limited to fire, ambulance and road maintenance.
(B) Private covenants shall address long-term development and provision of services.
(C) Prior to receipt of a building permit, the property owner must execute and record as an addendum to his or her property deed, and show proof thereof to the Building Department, an owner’s acknowledgment of responsibility and indemnification in substantially the following form:
Owner’s Acknowledgment of Responsibility and Indemnification State of Utah ) ) ss. Morgan County ) We (I), the undersigned owners of the property located at (describe property boundaries) acknowledge and agree to maintain and repair the private right-of-way, driveway or road accessing the property described herein and any dwelling or accessory buildings located thereon, and to remove snow and otherwise maintain reasonable access to our (my) dwelling and accessory building(s). We (I) agree that failure to maintain the road under all conditions may relieve Morgan County of emergency service obligations. We (I) agree to indemnify and hold Morgan County harmless from any claim, damage or liability that may arise against the county or its employees, agents or representatives related to our (my) failure to maintain the road under all conditions. We further acknowledge that failure of the local jurisdiction or Planning Commission to observe or recognize hazardous, unknown or unsightly conditions or to recommend denial of this conditional use because of said unrecognized hazardous, unknown or unsightly conditions shall not relieve the developer or owner from responsibility for the condition or damages resulting therefrom, and shall not result in the local jurisdiction or Planning Commission, its officers or agents, being responsible for the conditions and damages resulting therefrom. Subscribed and sworn to before me this day of, 20
Signature(s) |
(Prior Code, § 8-5L-11) (Ord. 18-13, passed 8-7-2018)
§ 155.296 FUTURE DEVELOPMENT STANDARDS.
Any structure or access permitted through this subchapter may be required to meet subdivision standards with any future development.
(Prior Code, § 8-5L-12) (Ord. 18-13, passed 8-7-2018)