This title shall be known and may be referred to as the MILLARD COUNTY ZONING ORDINANCE. The Millard County zoning ordinance may, in subsequent chapters and sections, and in the administrative manual be referred to as "ordinance", "the ordinance", "this ordinance" or "zoning ordinance". This ordinance may be codified in the Millard County code. (Ord. 12-12-04, 12-4-2012)

The board of county commissioners of Millard County, Utah (hereinafter "BOCC") adopts this title pursuant to the state of Utah county land use, development, and management act, as provided at section 17-27a-101 et seq., Utah Code Annotated, 1953, as amended (hereinafter "the act") and all other authorities and provisions of Utah and federal statutory and common law, as applicable. This title constitutes part, and is a component of, the Millard County land use ordinances, as provided and authorized by the act. (Ord. 12-12-04, 12-4-2012)

This title provides for the establishment of zoning districts, with associated requirements, standards, and other provisions for the guidance, management, and regulation of land uses, buildings and structures, and activities occurring on all unincorporated areas located within the boundaries of Millard County. This title is declared to be consistent with, and to meet the requirements of the act. (Ord. 12-12-04, 12-4-2012)

This title is provided to implement the goals and policies of the Millard County general plan (hereinafter "general plan") and the other purposes, as provided by the act. This title contains standards, provisions and requirements intended to protect the health, safety, and welfare of the citizens and businesses of Millard County, to guide and manage growth and development, and to promote the orderly use of all unincorporated lands within the county. It is the purpose of this title to provide a means of ensuring predictability and consistency in the use and development of all unincorporated lands within the county. (Ord. 12-12-04, 12-4-2012)

All definitions included in the administrative manual are incorporated herein by this reference and shall be considered as if they are included and part of this title. (Ord. 12-12-04, 12-4-2012)

   A.   The BOCC may provide a "Land Use Ordinances Administrative Manual" (hereinafter "administrative manual") to provide administrative guidelines, standards, forms, and other documents to assist the county staff, county residents, and applicant(s) in providing and processing applications and interpreting and administering the county's land use ordinances, including this title.

   B.   When provided by the BOCC the land use applications required by this title shall be reviewed and approved or denied by the land use authority, as applicable, in compliance with all requirements and standards of this title and all guidelines, standards, forms, or other documents, as applicable, and in effect on the date an application is determined complete by the county planner/zoning administrator. (Ord. 12-12-04, 12-4-2012)

   A.   Applications accepted as complete for any approval required by the provisions of this title shall be processed, reviewed and approved or denied, subject to the provisions of this title and all other ordinances and resolutions of the county, as applicable and in effect at the time the application is determined to be "complete", by the Millard County planner/zoning administrator (hereinafter "county planner/zoning administrator") as required by this title and all other ordinances and resolutions, as applicable.

   B.   No building or structure shall be erected, and no existing building or structure shall be moved, altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any use, activity, purpose, or in any manner other than as allowed by this title.

   C.   The provisions of this title shall apply to all unincorporated lands located within the boundaries of Millard County, unless exempted by the provisions of this title, or other law.

   D.   The provisions of this title shall be held to be the minimum requirements necessary to protect the health, safety, and welfare of the citizens of Millard County, and achieve the purposes of this title and the act. (Ord. 12-12-04, 12-4-2012)

This title shall not nullify any laws, ordinances, or requirements that are more restrictive, but shall prevail notwithstanding such laws, ordinances, or requirements that are less restrictive. (Ord. 12-12-04, 12-4-2012)

All officials, employees, and agents with the duty or authority to issue approvals, permits, or licenses required by this title shall require that such approvals, permits, or licenses conform to the provisions of this title and shall not issue any approval, permit, or license for any use(s), activity(ies), building(s), or structure(s) in conflict with the provisions of this title. Any approval, permit, or license issued in violation of this title shall be invalid and void. (Ord. 12-12-04, 12-4-2012)

This title shall take effect on January 1, 2013. (Ord. 12-12-04, 12-4-2012)

An omission to specify or enumerate in this title those provisions of general law applicable to all Utah counties shall not be construed to be a waiver of any such laws. (Ord. 12-12-04, 12-4-2012)

Upon its adoption by the BOCC, and upon its effective date, the ordinance codified herein shall repeal the zoning regulations, county code of Millard County, Utah, existing prior to the effective date hereof. This title shall govern and apply to the use of all unincorporated lands located within the boundaries of Millard County, Utah. The provisions of this title shall be construed to carry out the purposes of this title and the purposes of the state of Utah enabling laws, including the act, and to avoid conflict with the laws of the United States Of America, the state of Utah, or any other limitations imposed by law. If a court of competent jurisdiction declares any chapter, section, subsection, provision, sentence, clause or word of this title unconstitutional, such determination shall not impair the validity of the remainder of this title, which shall remain in effect. (Ord. 12-12-04, 12-4-2012)