Once a completed application is submitted to the Morgan County Planning Department there are many variables and requirements that have an affect on the process and the amount of time it takes to complete the process - from start to finish.
After an application is submitted to the Planning office a thorough review of the application is conducted by staff. If the application is deemed to be complete it is processed for hearing.
The Planning Commission meets once a month on the second Monday and the Board of Adjustments meets once a month on the third Monday (variances heard by the Board of County Commissioners are generally held on the third Monday). The Planning Department has filing deadlines that must be strictly followed because of notification requirements.
Special hearings may be scheduled with the Planning Commission or the Board of Adjustments. Double fees are required for special hearings. Please contact the Planning Department for further information.
Prior to a hearing with either the Planning Commission or the Board of Adjustments notification is sent to all of the landowners within 1/4 mile of the subject property, and to referral agencies such as irrigation companies, Division of Wildlife and municipalities. With the exception of subdivision exemptions, legal notice is also published in the newspaper. By state statute these notices must occur anywhere from 7 to 21 days prior to a hearing, depending on the type of application and the type of notice.
It is very important that someone represent your application at all of the hearings. It is very likely that your application may be tabled until a future date if there is no one there to represent it. At the hearing please be prepared to answer questions from the Commission or the Board. There is also a possibility that one or more of your neighbors will be present to speak in favor of or in opposition to your application.
At the conclusion of the hearing for a variance, the Board of Adjustments or the Board of County Commissioners have the following options; denial of the application, approval of the application, table the application or take the application under advisement to render a decision at a future date. Any decision made by either Board may be appealed to District Court.
At the conclusion of the hearing for other applications, the Planning Commission has the following options; recommend approval, recommend denial or table the application. If an application is tabled it will be rescheduled for the next available Planning Commission hearing after all requested information is submitted.
Following a recommendation by the Planning Commission a hearing with the Board of County Commissioners is scheduled. There is no set time or date for these hearings. They are scheduled as the Commissioners calendar allows. Subdivision Exemptions are usually scheduled within 2 weeks following the Planning Commission.
All other applications must again have legal notice published in the newspaper. Planned Developments, Special and Conditional Uses and Rezonings must also post a sign on the subject property. Because of the further notification requirements these applications are not scheduled any sooner than 3 weeks following the Planning Commission. These hearings are held during regular business hours.
The Board of County Commissioners hearing will be similar to that with the Planning Commission. Again it is very important that someone be present to represent your application. And again, your neighbors will be given the chance to testify.
The Board of County Commissioners have the option to approve, deny, table or take under advisement your application. If your application is tabled an additional hearing date will be scheduled. If your application is taken under advisement an additional hearing likely won't be held. The Board of County Commissioner's decision may be appealed to District Court.
If your application is approved there are further steps to be completed prior to your file being closed. For all applications, with the exception of subdivision exemptions, the County Attorney must prepare a resolution. The resolution must then be approved by the Board of County Commissioners. This process may take as long as 1 month but no less than 1 week.
For Special and Conditional Use permits and Variances this is the final step. A copy of the Resolution will be mailed to you.
For all other applications, including subdivision exemptions, a Mylar copy of the survey must be submitted to the Planning Department. It is your responsibility to obtain the Mylar from your surveyor and deliver it to the Planning Department. The Mylar must be signed by the chairman of the Board of County Commissioners. Please keep in mind that this Commissioner may not be readily available. Final, signed and notarized covenants must be submitted and all recording fees paid.
The final documents are delivered to the Morgan County Clerk and Recorders office to be recorded. The recording process may take several days.
A copy of the recorded resolution, covenants and/or exemption certificate will be mailed to you.
REMEMBER: TITLE TO ANY PARCEL CANNOT TRANSFER UNTIL ALL REQUIRED DOCUMENTS HAVE BEEN RECORDED IN THE MORGAN COUNTY CLERK AND RECORDERS OFFICE.
PROPERTY TAXES MUST BE CURRENT PRIOR TO ANY APPLICATION BEING PROCESSED.