Morgan County Unincorporated
City Zoning Code
City Zoning Code
MULTIPLE USE
AGRICULTURE AND RURAL RESIDENTIAL DISTRICTS
§ 155.080 PURPOSE.
(A) Multiple Use Districts. The purpose of providing a Multiple Use District is to establish areas in mountain, hillside, canyon, mountain valley, desert and other open and generally undeveloped lands where human habitation should be limited in order to protect land and other open space resources; to reduce unreasonable requirements for public utility and service expenditures through uneconomic and unwise dispersal and scattering of population; to encourage use of the land, where appropriate, for forestry, grazing, agriculture, mining, wildlife habitat and recreation; to avoid excessive damage to watersheds, water pollution, soil erosion, danger from brushland fires, damage to grazing and livestock raising and to wildlife values; to avoid the premature development of lands by discouraging intensive development until the ultimate best use of the land can be recommended by the Planning Commission to the governing body; and to promote the health, safety, convenience, order, prosperity and general welfare of the inhabitants of the community.
(B) Forestry District.
(1) The purposes of providing a Forestry District are to encourage the appropriate use of certain mountainous, hillside and canyon area of the county for watershed, forestry, grazing, agriculture, wildlife habitat and limited recreational uses, as well as the reduction of requirements for unreasonable public utility and service expenditures which would be caused by concentrated urban uses in the district; to protect watersheds and water supplies from pollution; and to promote the health, morals, convenience, order, prosperity and general welfare of the inhabitants of the county.
(2) The intent of providing a Forestry District is to separate those areas of the county which should best remain relatively undeveloped from those areas which can support greater development, as provided for and encouraged in other districts.
(C) Agriculture Districts. The purposes of providing an Agriculture District are to promote and preserve in appropriate areas conditions favorable to agriculture and to maintain greenbelt spaces. These districts are intended to include activities normally and necessarily related to the conduct of agriculture and to protect the district from the intrusion of uses inimical to the continuance of agricultural activity.
(D) Rural Residential Districts.
(1) The purposes of providing a Rural Residential District are:
(a) To promote and preserve in appropriate areas conditions favorable to large lot family life;
(b) Maintaining a rural atmosphere;
(c) The keeping of limited numbers of animals and fowl; and
(d) Reduced requirements for public utilities, services and infrastructure.
(2) These districts are intended to be primarily residential in character and protected from encroachment by commercial and industrial uses.
(Prior Code, § 8-5A-1)
§ 155.081 CODES AND SYMBOLS.
In the following sections of this subchapter, uses of land or buildings which are allowed in various districts are shown as “permitted uses,” indicated by a “P,” “P1,” “P2” or “P3” in the appropriate column, or as “conditional uses,” indicated by a “C1,” “C2” or “C3” in the appropriate column. If a use is not allowed in a given district, it is either not named in the use list or it is indicated in the appropriate column by a dash, “-.” If a regulation applies in a given district, it is indicated in the appropriate column by a numeral to show the linear or square feet required, or by the letter “A.” If the regulation does not apply, it is indicated in the appropriate column by a dash, “-.”
(Prior Code, § 8-5A-2) (Ord. 14-08, passed 12-4-2014; Ord. 15-02, passed 3-17-2015)
§ 155.082 USE REGULATIONS.
No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the Multiple Use, Agricultural or Rural Residential Districts, except as provided in this No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the Multiple Use, Agricultural or Rural Residential Districts, except as provided in this subchapter.
Districts | ||||
MU-160 | F-1 | A-20 | Rural Residential | |
Districts | ||||
MU-160 | F-1 | A-20 | Rural Residential | |
Accessory buildings and uses customarily incidental to conditional uses | C1 | C1 | C1 | C1 |
Accessory buildings and uses customarily incidental to permitted agricultural uses | P | P | P | P |
Accessory buildings and uses customarily incidental to permitted uses | P | P | P | P |
Agricultural and forestry: | ||||
Agribusiness | C2 | - | C2 | C2 |
Agricultural Industry | C3 | - | C3 | - |
Agriculture including allowing the raising, keeping, grazing and pasturing of animals; the tilling of the soil; the raising of crops; horticulture and gardening | P | P | P | P |
Apiary and aviary | P | P | P | P |
Family food production | P | P | P | P |
Farms devoted to raising and marketing chickens, turkeys or other fowl or poultry, fish or frogs, mink or rabbits, including wholesale and retail sale | P | P | P | P |
Forest industry, such as a sawmill, wood products plant and the like | C2 | C2 | C2 | - |
Forestry, except forest industry | P | P | P | P |
Fruit/vegetable stand | C1 | C1 | C1 | C1 |
Bed and breakfast inn | C1 | - | C1 | C1 |
Cemetery: | ||||
Private cemetery | - | - | - | - |
Public cemetery | C3 | C3 | C3 | C3 |
Commercial recreation use (subject to regulations in § 155.348 of this code): | ||||
Heli-skiing | P1 | P1 | - | - |
County fairgrounds uses | - | - | C3 | - |
Dams and reservoirs | C3 | C3 | C3 | C3 |
Dude ranch (no separate cooking facilities in accessory lodging structures) | C2 | C2 | C2 | - |
Dwellings: | ||||
Accessory apartment | C1 | - | C1 | C1 |
Homes or mobile homes on bona fide farms or for worker housing | C1 | - | C1 | - |
Recreation dwelling (shall not utilize the same minimum lot area as a main dwelling) | C1 | C1 | C1 | - |
Residential facilities for handicapped or elderly | C3 | - | C3 | C3 |
Single-family dwelling | C1 | - | P | P |
Home occupation | P | - | P | P |
Household pets | P | P | P | P |
Kennel | C2 | - | C2 | -* |
Land excavations | C2 | C2 | C2 | C2 |
Mine, quarry, gravel pit, rock crusher, concrete batching plant or asphalt plant, oil and gas wells, steam wells, test borings for exploration and the like | C3 | C3 | C3 | - |
Mobile home developments, including mobile homes in mobile home parks/subdivisions, are permitted in a planned district only | A | A | A | A |
Power generation (commercial) | C2 | C2 | C2 | - |
Power generation (personal use) | C1 | C1 | C1 | C1 |
Private park or recreational grounds, private recreational camps or resorts, including accessory or supporting dwellings or dwelling complexes and commercial service uses owned or managed by the recreational facility to which it is accessory | C2 | C2 | C2 | - |
Public and quasi-public uses. Exception: Public school | C3 | C3 | C3 | C3 |
Airports | C3 | C3 | C3 | - |
Specialized correction facilities | C3 | - | C3 | -* |
Public facilities or public service facilities. Exception: Governmentally operated essential service facilities such as police, fire, ambulance substations and animal control facilities | C3 | C3 | C3 | - |
Public schools and governmentally operated essential service facilities | P | P | P | P |
Public stable, riding academy or riding ring, horse show barns or other equestrian facilities under single management | C2 | - | C2 | -* |
Railroad facilities and rights-of-way | C3 | C3 | C3 | C3 |
Recreational vehicle storage (personal storage only) | P | P | P | p |
Religious uses (including churches, rectories and other faith-based uses) | P | P | P | p |
Special uses: | ||||
Child daycare centers, subject to regulations as set forth in § 155.347 of this code | - | - | C1 | C1 |
Swimming pool (private) | P | P | P | P |
Temporary buildings for uses incidental to an approved construction project, including temporary living quarters, which buildings must be removed within 90 days of completion or abandonment of the construction work | C1 | C1 | C1 | C1 |
Temporary gravel pit, crusher, subject to the provisions of § 155.090 of this code | C3 | C3 | C3 | -* |
Temporary meteorological monitor tower, subject to regulations in § 155.091 of this code | P | P | P | - |
Temporary uses | Subject to regulations in § 155.324 of this code | |||
* (RR-10/RR-5 W/C3)
(Prior Code, § 8-5A-3) (Ord. 10-11, passed 6-15-2010; Ord. 10-16, passed 12-14-2010; Ord. 10-17, passed 12-14-2010; Ord. 11-10, passed 6-21-2011; Ord. 11-11, passed 9-20-2011; Ord. 11-15, passed 11-1-2011; Ord. 12-01, passed 3-6-2012; Ord. 14-08, passed 12-4-2014; Ord. 15-02, passed 3-17-2015; Ord. 15-06, passed 6-21-2015; Ord. 18-08, passed 11-13-2018; Ord. 20-10, passed 7-21-2020; Ord. 23-04, passed 4-18-2023; Ord. 24-18, passed 8-6-2024)
§ 155.083 AREA REGULATIONS.
Districts | ||||||
MU-160 | F-1 | A-20 | RR-10 | RR- 5 | RR- 1 | |
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: | 160 | 1/4 section | 20 | 10 | 5 | 1 |
(Prior Code, § 8-5A-4) (Ord. 11-15, passed 11-1-2011; Ord. 24-18, passed 8-6-2024)
§ 155.084 WIDTH AND FRONTAGE REGULATIONS.
Districts | |||||||
MU- 160 | F-1 | A-20 | RR- 10 | RR- 5 | RR -2.5 | RR- 1 | |
The minimum width and frontage (see §§ 155.066 through 155.068 of this code for frontage requirements) in feet for any lot or parcel 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: | 500 | 1,320 | 330 | 330 | 250 | 200 | 200 |
Where lots have lot lines that are adjacent to and share a boundary line with a public or private road, the minimum lot width shall also be 70% of the minimum frontage along that road. Wellhead protection zones must be wholly contained on the lot | 350 | 924 | 231 | 231 | 175 | 140 | 140 |
Lots that are not adjacent to or share a boundary line with a public or private road shall provide evidence of easements for access to the property. See § 155.427(Q) for access easement requirement | A | A | A | A | A | - | - |
(Prior Code, § 8-5A-5) (Ord. 15-06, passed 6-21-2015; Ord. 18-04, passed 5-15-2018; Ord. 21-01, passed 3-2-2021; Ord. 22-01, passed 1-4-2022; Ord. 24-18, passed 8-6-2024)
§ 155.085 YARD REGULATIONS.
(A) Front yard regulations.
Districts | |||||||
MU -160 | F-1 | A-20 | RR- 10 | RR- 5 | RR- 2.5 | RR -1 | |
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 | 8 | 8 | 8 | 8 | 8 | 8 |
The minimum depth in feet for the front yard for main buildings and accessory buildings in districts regulated by this subchapter shall be: | 30 | 30 | 30 | 30 | 30 | 30 | 30 |
Where the existing minimum right-of-way on which the lot fronts is less than 66 feet, the setback shall be measured from the centerline and in feet shall not be less than: | 63 | 63 | 63 | 63 | 63 | 63 | 63 |
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 | A | A | A | A | A | A |
(B) Rear yard regulations.
Districts | |||||||
MU- 160 | F-1 | A-20 | RR- 10 | RR- 5 | RR -2. 5 | RR- 1 | |
The minimum depth in feet for the rear yard in the districts regulated by this subchapter shall be: | |||||||
Accessory buildings | 10 | 10 | 10 | 10 | 10 | 10 | 10 |
Main buildings | 60 | 200 | 60 | 60 | 50 | 30 | 30 |
Utility facilities and governmentally operated essential service facilities | 15 | 15 | 15 | 15 | 15 | 15 | 15 |
(C) Side yard regulations.
Districts | |||||||
MU- 160 | F-1 | A-20 | RR- 10 | RR- 5 | RR -2. 5 | RR- 1 | |
The minimum side yard in feet for districts regulated by this subchapter shall be: | |||||||
Accessory buildings | 60 | 60 | 10 | 10 | 10 | 10 | 10 |
Main buildings | 60 | 60 | 60 | 60 | 20 | 15 | 15 |
Utility facilities and governmentally operated essential service facilities | 15 | 15 | 15 | 15 | 15 | 15 | 15 |
(Prior Code, § 8-5A-6) (Ord. 11-15, passed 11-1-2011; Ord. 24-18, passed 8-6-2024)
§ 155.086 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, § 8-5A-7) (Ord. 11-15, passed 11-1-2011)
§ 155.087 COVERAGE REGULATIONS.
Districts | |||||||
MU- 160 | F-1 | A-20 | RR- 10 | RR-5 | RR -2.5 | RR -1 | |
The maximum coverage in percent 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: | - | - | - | 30 | 30 | 30 | 30 |
(Prior Code, § 8-5A-8) (Ord. 11-15, passed 11-1-2011; Ord. 24-18, passed 8-6-2024)
§ 155.088 RECREATION DWELLINGS.
Notwithstanding any provision in this chapter to the contrary, the following additional provisions shall apply to recreation dwellings located in MU-160 and F-1 Zones:
(A) Width and frontage regulations may be waived, provided the dwelling and any accessory buildings are accessible by a legal right-of-way held by the property owner;
(B) The dwelling and all accessory buildings shall be set back no less than 200 feet from all property boundary lines;
(C) For legal conforming lots existing on or before March 1, 2001, the minimum acreage for a recreation dwelling shall be 160 acres, or a one-quarter section. For legal conforming lots created after March 1, 2001, the minimum acreage for a recreation dwelling in the F-1 Zone shall be 320 acres or a one-half section; and
(D) Prior to receipt of a building permit, the property owner must execute and record as an addendum to their property deed, and show proof thereof to the Building Inspector, 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, § 8-5A-9)
§ 155.089 IMPROVEMENTS COMPLETED OR BONDED AND IN PROGRESS BEFORE BUILDING PERMIT ISSUED.
Improvements are to be in compliance with standards adopted by the county.
Districts | |||||||
MU-1 60 | F-1 | A-20 | RR-10 | RR-5 | RR-2. 5 | RR-1 | |
Districts | |||||||
MU-1 60 | F-1 | A-20 | RR-10 | RR-5 | RR-2. 5 | RR-1 | |
Address numbers | A | A | A | A | A | A | A |
Culinary water facilities2 | A | A | A | A | A | A | A |
Curb and gutter3 | - | - | - | - | - | - | - |
Firefighting facilities2, 3 | A | A | A | A | A | A | A |
Sidewalk1 | - | - | - | - | - | - | - |
Street base2 | A | A | A | A | A | A | A |
Street dust treatment (oil or similar treatment) | A | - | - | A | A | A | A |
Street grading2 | A | A | A | A | A | A | A |
Streetlights1 | - | - | - | - | - | A | A |
Street monuments1 | - | - | - | A | A | A | A |
Street name signs1 | A | A | A | A | A | A | A |
Street paving1 | - | - | - | A | A | A | A |
Surface drainage facilities2 | A | A | A | A | A | A | A |
Survey monuments boxes1 | A | A | A | A | A | A | A |
Wastewater disposal facilities | A | A | A | A | A | A | A |
Notes to table: | |||||||
1 Improvements are applicable only to subdivisions, unless required by conditional use permit. | |||||||
2 Construction completed prior to issuing building permits. | |||||||
3 Indicates refer to fire officials for latest regulations. | |||||||
(Prior Code, § 8-5A-10) (Ord. 10-11, passed 6-15-2010; Ord. 10-13, passed 7-20-2010; Ord. 24-18, passed 8-6-2024)
§ 155.090 TEMPORARY GRAVEL PITS.
(A) In conjunction with an approved development or subdivision, the Planning Commission may approve a temporary gravel pit and associated crusher as a conditional use permit. Said gravel pit shall only be permitted in order to provide materials used on the approved development or subdivision site related to infrastructure, improvement installation or individual lot improvements.
(B) The following regulations shall apply.
(1) Distance to dwellings. Mining operations (including extraction, stockpiling, staging, crushing) shall be located a minimum of 500 feet from any existing dwelling.
(2) Hours of operation. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
(3) Transportation of materials. Transporting of materials off-site is prohibited. Only roadways within the development area shall be used for moving materials.
(4) Safe operation. Operation must meet any and all county, state and federal requirements for safety, noise, erosion and dust control as applicable.
(5) Site plan. The developer shall submit a site plan prepared by a licensed surveyor and/or engineer detailing the location of all proposed uses on the site, proposed berms or landscaping to be used for visual and/or noise buffer, a metes and bounds description of the proposed extraction areas and limits of disturbance, storm drainage, roadways, dust control and any other information as applicable and requested.
(6) Reclamation plan. The developer shall submit a detailed reclamation plan for the entire site, including extraction, staging, stockpiling and crushing areas. Said plan shall be prepared by a licensed surveyor and/or engineer and shall indicate proposed final slopes, placement and depths of topsoil, soil and slope stability calculations and proposed vegetation materials to be used.
(7) Budget for reclamation. The developer shall be required to submit an estimated reclamation budget prepared by a qualified individual, taking into account inflation projections based on the proposed length of operation.
(8) Bond or escrow. A condition of approval shall be the submittal of a bond or escrow account in favor the county, in a form acceptable to the County Attorney, in the amount of 115% of the estimated reclamation budget, as approved by the County Engineer.
(9) Conditions for partial release.
(a) Partial release of the escrow or bond shall be approved by the County Engineer as the required reclamation improvements have been completed and inspected.
(b) The 15% amount of the bond or escrow shall be retained for a period of one year from the date of final inspection approval by the County Engineer to guarantee the reclamation from defect in either, slope stability, storm drainage or vegetation.
(10) Time limit for reclamation. Developer shall be required to reclaim the site in accordance with the approved reclamation plan within six months following the expiration of the conditional use permit or discontinued use of the pit.
(11) Applicability to other provisions. Application under this section shall not void or invalidate any other requirements for a gravel pit or crushing operation as defined in other sections of this chapter.
(12) Further restrictions. The Planning Commission may place any further restrictions or conditions with the conditional use permit, as deemed appropriate to protect the public health, safety and welfare.
(13) Term of approval; extension.
(a) Approval shall be granted for a period of one year.
(b) The Planning Commission may grant extension of said approval in one-year increments upon expiration of each approval period; provided, that the development or subdivision has been approved for multiple phases; the developer or designee has satisfactorily met all required conditions of the conditional use permit; and the development has progressed in a timely manner as agreed upon within the development agreement (when existing) and in accordance with the approved phasing plan, evidenced by submission and approval of phased final plats.
(Prior Code, § 8-5A-11)
§ 155.091 TEMPORARY METEOROLOGICAL MONITORING TOWERS.
(A) Permitted as conditional use. Temporary meteorological monitoring towers shall be permitted as a conditional use in conjunction with permitted mining operations for the purpose of collecting air quality data, specifically wind speed, direction, temperature, solar radiation, solar reflection and humidity in the vicinity of said mining operation.
(B) Height limit. Towers shall be limited in height to 100 meters.
(C) Design. Towers shall be designed by a licensed engineer.
(D) Placement on property. Placement of the tower shall be located on a property with consideration of neighboring land uses and facilitating maximum safety.
(E) Bond required. The applicant shall post a bond in favor of the county in an amount of 115% of the removal and site reclamation costs for the removal of said temporary tower.
(F) Term of permit. The conditional use permit shall only be valid for a period of 18 months from the commencement of construction with removal and reclamation of the site within that period.
(G) Liability insurance. The owner shall provide to the county an insurance policy releasing the county from liability in the event of any injury resulting from said installation, operation, removal or failure of the tower structure.
(Prior Code, § 8-5A-12)