ARTICLE A. MULTIPLE USE, AGRICULTURE AND RURAL RESIDENTIAL DISTRICTS

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1 ARTICLE A. MULTIPLE USE, AGRICULTURE AND RURAL RESIDENTIAL DISTRICTS 8-5A-1: 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:

2 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. (20 Code) 8-5A-2: CODES AND SYMBOLS: In the following sections of this article, 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 "-". (Ord , ; amd. Ord , ) 8-5A-3: 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 article. Districts MU- Accessory buildings and uses customarily incidental to conditional uses Accessory buildings and uses customarily incidental to permitted uses Accessory buildings and uses customarily incidental to permitted agricultural uses C1 C1 C1 C1 C1 C1 P P P P P P P P P P P P

3 Agricultural and forestry: Agribusiness C2 - C2 C2 C2 - Agriculture, including grazing and pasturing of animals; the tilling of the soil, the raising of crops, horticulture and gardening P P P P P P Apiary and aviary P P P P P P Family food production P P P P P P Farms devoted to raising and marketing chickens, turkeys or other fowl or poultry, fish or frogs, mink, rabbits, including wholesale and retail sale Forest industry, such as a sawmill, wood products plant, etc. P P P P P P C2 C2 C Forestry, except forest industry P P P P P P Fruit/vegetable stand C1 C1 C1 C1 C1 C1 Bed and breakfast inn C1 - C1 C1 C1 C1 Commercial recreation use (subject to regulations in section of this title): Heli-skiing P1 P County fairgrounds uses - - C Dams and reservoirs C3 C3 C3 C3 C3 C3 Dude ranch - (no separate cooking facilities in accessory lodging structures) C2 C2 C Dwellings: Accessory apartment C1 - C1 C1 C1 C1 Homes or mobile homes on bona fide farms or for worker housing Recreation dwelling (shall not utilize the same minimum lot area as a main dwelling) Residential facilities for handicapped or elderly C1 - C C1 C1 C C3 - C3 C3 C3 C3

4 Single-family dwelling C1 - P P P P Home occupation P - P P P P Household pets P P P P P P Kennel C2 - C2 C2 C2 - Land excavations C2 C2 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, etc. Mobile home developments, including mobile homes in mobile home parks or subdivisions, are permitted in a planned district only C3 C3 C A A A A A A Power generation (commercial) C2 C2 C Power generation (personal use) Private park or recreational grounds, or private recreational camps or resorts, including accessory or supporting dwellings or dwelling complexes, and commercial service uses which are owned or managed by the recreational facility to which it is accessory Public and quasi-public uses. Exception: Public school C1 C1 C1 C1 C1 C1 C2 C2 C C3 C3 C3 C3 C3 C3 Airports C3 C3 C Specialized correction facilities Public facilities or public service facilities. Exception: Governmentally operated essential service facilities such as police, fire, ambulance substations, and animal control facilities Public schools and governmentally operated essential service facilities C3 - C3 C3 C3 - C3 C3 C3 C3 C3 C3 P P P P P P

5 Public stable, riding academy or riding ring, horse show barns or other equestrian facilities under single management Railroad facilities and rights of way Recreational vehicle storage (personal storage only) Religious uses (including churches, rectories, and other faith based uses) C2 - C2 C2 C2 - C3 C3 C3 C3 C3 C3 P P P P P P P P P P P P Special uses: Child daycare centers, subject to regulations as set forth in section of this title - - C1 C1 C1 C1 Swimming pool (private) C1 C1 C1 C1 C1 C1 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 Temporary gravel pit, crusher, subject to the provisions of section 8-5A-11 of this article Temporary meteorological monitor tower, subject to regulations in section 8-5A-12 of this article C1 C1 C1 C1 C1 C1 C3 C3 C3 C3 C3 - P P P Temporary uses Subject to regulations in section of this title (20 Code; amd. Ord. -11, ; Ord. -16, ; Ord. -17, ; Ord. 11-, ; Ord , ; Ord , ; Ord , ; Ord , ; Ord , ; Ord , ) 8-5A-4: AREA REGULATIONS:

6 Districts MU- The minimum lot area in acres for any main use in the districts regulated by this article, except as allowed for utility uses and governmentally operated essential service facilities in section of this title, shall be 1 / 4 section (Ord , ) 8-5A-5: WIDTH AND FRONTAGE REGULATIONS: Districts MU- The minimum width in feet for any lot in the districts regulated by this article, except as allowed for utility uses and governmentally operated essential service facilities in section of this title, shall be 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 the minimum frontage along that road. 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. Access easements shall be a minimum of 24 feet wide and shall be recorded against adjacent properties in favor of the lot, and shall allow access for emergency personnel and apparatus. Properties in the zoning district shall have the same 1,320 1, A A A A A -

7 frontage along a public or private street as the width of the lot (Ord , ) 8-5A-6: YARD REGULATIONS: A. Front Yard Regulations: Districts MU- The minimum depth in feet for the front yard for main buildings and accessory buildings in districts regulated by this article shall be 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 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 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 A A A A A A B. Rear Yard Regulations: Districts

8 MU- The minimum depth in feet for the rear yard in the districts regulated by this article shall be: Main buildings Accessory buildings Utility facilities and governmentally operated essential service facilities C. Side Yard Regulations: Districts MU- The minimum side yard in feet for districts regulated by this article shall be: Main buildings Accessory buildings Utility facilities and governmentally operated essential service facilities (Ord , ) 8-5A-7: HEIGHT REGULATIONS: The maximum height for all buildings and structures in districts regulated by this article shall be thirty five feet (35'), except as specifically provided for in other sections of this title. (Ord , ) 8-5A-8: COVERAGE REGULATIONS:

9 Districts MU- The maximum coverage in percent for any lot in the districts regulated by this article, except as allowed for utility uses and governmentally operated essential service facilities in section of this title, shall be (Ord , ) 8-5A-9: RECREATION DWELLINGS: Notwithstanding any provision in this title to the contrary, the following additional provisions shall apply to recreation dwellings located in MU- 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 two hundred feet (200') 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 one hundred sixty () acres, or a one-quarter ( 1 / 4 ) section. For legal conforming lots created after March 1, 2001, the minimum acreage for a recreation dwelling in the F-1 zone shall be three hundred twenty (320) acres or a one-half ( 1 / 2 ) 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 )

10 ) 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) (20 Code) 8-5A-: 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- Street grading 2 A A A A A A Street base 2 A A A A A A Street dust treatment (oil or similar treatment) A - - A A A Street paving A A A Curb and gutter

11 Sidewalk Surface drainage facilities 2 A A A A A A Wastewater disposal facilities A A A A A A Culinary water facilities 2 A A A A A A Firefighting facilities 2,3 A A A A A A Street name signs 1 A A A A A A Street monuments A A A Survey monuments boxes 1 A A A A A A Streetlights A Address numbers A A A A A A Notes: 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. (20 Code; amd. Ord. -11, ; Ord. -13, ) 8-5A-11: TEMPORARY GRAVEL PITS: 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. The following regulations shall apply: A. Distance To Dwellings: Mining operations (including extraction, stockpiling, staging, crushing) shall be located a minimum of five hundred feet (500') from any existing dwelling. B. Hours Of Operation: Hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., Monday through Friday.

12 C. Transportation Of Materials: Transporting of materials off site is prohibited. Only roadways within the development area shall be used for moving materials. D. Safe Operation: Operation must meet any and all county, state and federal requirements for safety, noise, erosion and dust control as applicable. E. 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. F. 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, proposed vegetation materials to be used. G. 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. H. 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 one hundred fifteen percent (115%) of the estimated reclamation budget, as approved by the county engineer. I. Conditions For Partial Release: Partial release of the escrow or bond shall be approved by the county engineer as the required reclamation improvements have been completed and inspected. The fifteen percent (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. J. Time Limit For Reclamation: Developer shall be required to reclaim the site in accordance with the approved reclamation plan within six (6) months following the expiration of the conditional use permit or discontinued use of the pit.

13 K. 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 title. L. 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. M. Term Of Approval; Extension: Approval shall be granted for a period of one year. The planning commission may grant extension of said approval in one year increments upon expiration of each approval period; provided, 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. (20 Code) 8-5A-12: 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 one hundred (0) 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 one hundred fifteen percent (115%) of the removal and site reclamation costs for the removal of said temporary tower.

14 F. Term Of Permit: The conditional use permit shall only be valid for a period of eighteen (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. (20 Code)

Article 3: Zoning Districts

Article 3: Zoning Districts rticle 3: Zoning Districts Chapter 3- Multiple Use, gricultural, and Rural Residential District Sections. 3--0. Purpose. 3--0. Scope. 3--030. Definitions. 3--0. Uses llowed. 3--00. Use Regulations. 3--060.