The purpose of general property standards is to further the purposes of the county general plan and the county's land use ordinances. Compliance with all general property standards, as well as all other requirements of this title, and all other federal, state and local requirements, as applicable, is required for the approval of all land use applications. (Ord. 12-12-04, 12-4-2012)

No land use application approval, license or permit, and no land use ordinance, or amendment thereto, no map, or amendment thereto, and no official map, or amendment thereto shall be approved unless such land use application approval, license, permit, amendment, ordinance or map is found to be consistent and conform to the county general plan, as adopted. (Ord. 12-12-04, 12-4-2012)

As required by the act, no publicly owned road, street, way, place, space, building, structure, or facility, and no public utility line, infrastructure, or facility, whether publicly or privately owned, may be constructed unless:

   A.   It conforms to the county's general plan, including consistency with the accompanying map(s); or

   B.   It has been considered by the commission and, after receiving the recommendation of the commission, has been approved by the BOCC as an amendment to the county's general plan.

   C.   Received necessary land use application approval by the land use authority, as applicable. (Ord. 12-12-04, 12-4-2012)

   A.   As provided by the act, the county may adopt official maps.

   B.   An official map does not:

      1.   Require a landowner to dedicate and/or construct a road or street as a condition of development approval, except under circumstances provided by section 10-2-10 of this title, or

      2.   Require the county to immediately acquire property. (Ord. 12-12-04, 12-4-2012)

Except for lots or parcels created as an agricultural division as provided by the subdivision ordinance, nothing in this title shall be construed to prevent the establishment of one single- family dwelling on any legal lot or parcel of land, as determined by the county planner/zoning administrator, and provided that such legal lot or parcel is located in a zoning district that permits single-family dwellings, and any proposed construction can qualify for a building permit, as required by the building code, as adopted. (Ord. 12-12-04, 12-4-2012)

Any lot, use, building or structure that was not authorized by a prior land use ordinance, shall remain as an illegal lot, use, building, or structure, unless such lot, use, building, or structure is authorized and permitted as required by this title. (Ord. 12-12-04, 12-4-2012)

All allowed uses are identified in section 10-25-1 of this title, appendix A, table of uses. (Ord. 12-12-04, 12-4-2012)

Any use not specifically provided for in section 10-25-1 of this title, appendix A, table of uses is declared to be a prohibited use in the unincorporated area of Millard County. (Ord. 12-12-04, 12-4-2012)

   A.   The Millard County general plan provides for major utility corridors.

   B.   Any use, building, structure, or activity proposed to be located within a major utility corridor, as defined and identified by the Millard County general plan, as adopted, shall be reviewed and considered by the Millard County planning commission for major utility corridor compatibility.

   C.   If such use, building, structure, or activity is determined by the planning commission to conflict with the purpose(s) of the major utility corridor, or to be incompatible in any way, such use, building, structure, or activity shall be a prohibited use, building, structure or activity within the major utility corridor.

   D.   See also subsection 10-25-1A5 of this title. (Ord. 12-12-04, 12-4-2012)

No use shall be established and no construction, alteration, enlargement, repair, or removal of any building, structure, or part thereof shall be commenced until the approval of the required land use application, license, or permit. (Ord. 12-12-04, 12-4-2012)

All requests to establish a use, or construct, alter, enlarge, repair, or demolish any building, structure, or part thereof shall be initiated by the submission of necessary application(s), to the county, as required by the county's land use ordinances, including this title, the administrative manual, and building code, as adopted. (Ord. 12-12-04, 12-4-2012)

All buildings shall be taxed as real property. For a mobile home, an affidavit shall be filed with the state tax commission, pursuant to the requirements of the Utah Code Annotated, as amended. (Ord. 12-12-04, 12-4-2012)

A land use application approval and any other permit or license approval may provide that the land use application approval, permit, or license is not valid and no building permit shall be issued until all delinquent taxes and charges for the property have been paid to the date of approval. (Ord. 12-12-04, 12-4-2012)

Land purchased, leased, or otherwise acquired or obtained from any federal, state or local agency shall comply with all provisions and requirements of this title and the administrative manual. (Ord. 12-12-04, 12-4-2012)

All private uses occurring on any federal or state owned lands shall comply with all provisions and requirements of this title and the administrative manual. (Ord. 12-12-04, 12-4-2012)

Every use established, and all buildings or structures erected, reconstructed, altered, enlarged or moved shall be used, established, or constructed only as allowed by the requirements of this title, and the county's other land use ordinances, and the administrative manual. (Ord. 12-12-04, 12-4-2012)

No person shall subdivide any lands, located wholly or partially within the unincorporated area of the county for any purpose, unless approval for such subdivision has been received from the applicable land use authority, as required by the county subdivision ordinance, and the administrative manual. (Ord. 12-12-04, 12-4-2012)

To protect the property rights of all owners and to provide adequate and convenient legal access no person shall subdivide any lands, located wholly or partially within the unincorporated area of the county, without providing a legal access to all adjacent properties. No land use application approval, permit, or license shall be approved by the county that has the potential or effect of landlocking any property(ies). (Ord. 12-12-04, 12-4-2012)

Every lot or parcel created shall have frontage upon a dedicated or publicly approved road or street, or right of way providing direct access to a dedicated or publicly approved road or street. The required lot frontage shall be not less than the minimum lot width requirement as measured at the minimum front yard setback, as required by the zoning district in which the lot is located. (Ord. 12-12-04, 12-4-2012)

Every lot or parcel created after the effective date hereof shall have a minimum buildable area sufficient to establish a building or structure thereon that meets the minimum standards of the zoning district in which the lot or parcel is located. Any area located within an easement may not be included within any minimum buildable area unless the easement beneficiary executes and records a release of the easement in a form acceptable to the county attorney. (Ord. 12-12-04, 12-4-2012)

Every lot or parcel created after the effective date hereof shall comply with the minimum lot size, frontage, width, depth, and all other requirements of this title. (Ord. 12-12-04, 12-4-2012)

All buildings or structures shall be located and maintained on a lot, as defined, such lot meeting all requirements of this title and the county's other land use ordinances. (Ord. 12-12-04, 12-4-2012)

Where a lot is located in two (2) or more zoning districts, the more restrictive zoning district provisions shall apply. (Ord. 12-12-04, 12-4-2012)

   A.   All required yard or setback areas shall be situated on the same lot as the primary building or structure to which it is required.

   B.   No required yard or setback area for any lot or building required for the purposes of complying with the county's land use ordinances, including this title, shall be considered as providing the required yard or setback for any other lot or building.

   C.   No area required to meet the lot width, area, setback, or other requirements of this title for a lot or building may be divided, sold, or leased separately from such lot or building. (Ord. 12-12-04, 12-4-2012)

All required yard or setback areas shall be open to the sky and unobstructed and all buildings or parts thereof shall comply with the setback requirements of the zoning district, except for permitted and approved accessory buildings, for the projection of sills and other ornamental features. (Ord. 12-12-04, 12-4-2012)

Wherever a required front yard or side yard abuts on a road or street, the required front yard and side yard setbacks shall be measured from the mapped road or street line provided by the official map, as adopted. (Ord. 12-12-04, 12-4-2012)

   A.   Corner Lot: In all required setback areas, no obstruction to view in excess of three feet (3') in height shall be placed on any corner lot within the triangle formed by the property lines and a line connecting them at points forty feet (40') from the intersection of the property lines.

   B.   Roads: The clear view area on roads shall be the triangle formed by the property lines and a line connecting them at points forty feet (40') from the intersection of the property lines.

   C.   Driveways: The clear view area for a driveway shall be the triangle formed by the driveway lines and the property line and a line connecting them at points twenty five feet (25') from the intersection of the driveway line and property line.

   D.   Modification Of Clear View Area: The land use authority, as applicable, may make a modification of the clear view areas. The land use authority is authorized to increase or decrease the required clear view area if it is determined that there is a valid reason to increase or decrease the required clear view area. (Ord. 12-12-04, 12-4-2012)

The maximum height of all primary buildings shall be as identified in section 10-25-2 of this title, appendix B-1, table of development standards, for the zoning district in which the primary building is located. (Ord. 12-12-04, 12-4-2012)

The requirement for maximum building height shall not apply to:

   A.   Steeples, flagpoles, chimneys, wireless or television masts that are not used for human occupancy.

   B.   Agricultural buildings provided such buildings are not used for human occupancy. (Ord. 12-12-04, 12-4-2012)

Land shall be developed only to the extent that adequate infrastructure and services are available, or will be available concurrent with the development activity, and at capacities sufficient to meet the needs of the proposed development. A land use authority may require an analysis to be completed and provided to determine if adequate public facilities and services are available to serve the proposed development and if such development will change the existing levels of service, or will create a demand for services that exceeds available capacities.

Public facilities that may be required by a land use authority to be included in a public facilities analysis include, but are not limited to, road and street facilities, intersection and bridge capacities, culinary water facilities, sanitary sewer facilities, storm drainage facilities, fire protection and suppression facilities, culinary water pressure, fire and emergency services response times, sheriff's services, and other required public facilities and services. A land use authority may deny or modify a proposed development activity if the demand for public facilities and services exceeds available capacities or require an applicant for a land use application approval, license, or permit to provide the required facilities and services, at the capacities required, and concurrent with the demand created by the development activity, consistent with all applicable legal authorities. (Ord. 12-12-04, 12-4-2012)

   A.   All uses and primary buildings requiring culinary water and sanitary sewer services shall comply with the requirements of the culinary water authority and sanitary sewer authority, as applicable.

   B.   All uses and primary buildings shall comply with the requirements of the fire authority, as applicable. (Ord. 12-12-04, 12-4-2012)

The installation of necessary roads and streets, road and street widening and improvement(s), fire protection facilities, and other improvements and facilities required by the county's land use ordinances shall be required as a condition of any required land use application approval, permit, or license. (Ord. 12-12-04, 12-4-2012)

Land use and building permit applications required to establish a residential dwelling in the unincorporated area shall execute a dated and notarized declaration recognizing the proposed dwelling will be located in an unincorporated area of Millard County. Such declaration, prepared by the county, may include, but shall not be limited to, the following:

   A.   A description of the general location of the property.

   B.   A legal description of the property, provided by the applicant.

   C.   The name of the applicant and recognition that the land use permit allows the applicant to build, install, maintain, repair, replace and make betterments to a dwelling in the unincorporated area of the county.

   D.   The identification of all necessary requirements and conditions for the issuance of the land use permit, including a building permit.

   E.   Execution of the dated notarized declaration, signed and dated by the property owner and with notary public attestation, complying with all accepted standards, the applicant acknowledges:

      1.   It is acknowledged and understood that agricultural production is limited to an area where there is availability of water and good soil. Therefore, agricultural production is a priority use, and dwellings are an intrusive use.

      2.   The applicant has chosen to build a residential structure in the unincorporated area of the county, with full acknowledgment that by so doing, there will be possible exposure to certain agricultural activities considered by some to be nuisances such as, but not limited to, pesticide spraying, field burning, all types of machinery operation, fertilizing, composting, dust from both roads and fields, pollinator bees, flies, dairy operations, feedlots, grazing, moving of livestock, various odors, and other farming operations, all of which may happen any time of day or night. The use and enjoyment of this property as a residential dwelling is expressly conditioned upon acceptance of any annoyance or inconvenience that may result from agricultural practices, activities and procedures.

      3.   The applicant has chosen to locate a dwelling accessed by county roads as they are presently constructed and maintained, and that the county is under no obligation or requirement to upgrade or otherwise improve the present status of any road. Further, the applicant acknowledges that at the very least, they will be partially responsible for the cost of any road improvements the applicant requests.

      4.   The applicant agrees to locate and arrange all new construction and service equipment in such a way that it will in no way interfere with the normal operation of agricultural production in the vicinity. This shall include the dwelling and all outbuildings, fences, power poles and lines, water lines, ditches, roadways, etc.

      5.   The applicant agrees to locate all dwellings not less than one thousand three hundred twenty feet (1,320') from an existing concentrated animal feeding operation (CAFO) or animal feeding operation (AFO), as defined, except for dwellings occupied by the owner and employees.

      6.   The applicant agrees to waiver and enforcement as follows:

Millard County or a private landowner may enforce this document.

      7.   Effective date and recordation as follows:

(Ord. 12-12-04, 12-4-2012)

A land use authority with responsibility to approve a required land use application approval, license, or permit, shall guarantee the installation of any required facilities and services by one of the methods specified as follows:

   A.   The applicant(s) may furnish and file with the county clerk a bond with corporate surety in an amount equal to the cost of the improvements as approved by the county attorney and filed with the county clerk.

   B.   The applicant(s) may deposit in escrow with an escrow holder approved by the BOCC an amount of money equal to the cost of the improvements as approved by the county attorney and filed with the county clerk. (Ord. 12-12-04, 12-4-2012)

   A.   Unless exempted by the building code(s), as adopted, no building or structure shall be occupied, or used, until the building official has issued a certificate of occupancy.

   B.   It is unlawful to occupy or use a building or structure until a certificate of occupancy has been issued for such building or structure.

   C.   Failure to obtain a certificate of occupancy shall be a violation of this title and the building code(s), as adopted. (Ord. 12-12-04, 12-4-2012)

All activities requiring a business license, as required by the business license requirements of the county, including all home occupations shall be operated in compliance with all requirements of the land use application, as approved, and all business license requirements. (Ord. 12-12-04, 12-4-2012)

Section 10-25-2 of this title, appendix B-1, table of development standards, identifies the minimum lot size, building location requirements, and other requirements for buildings and structures in each zoning district provided by this title. (Ord. 12-12-04, 12-4-2012)

All uses shall meet the required off street parking requirements identified by chapter 19 of this title. (Ord. 12-12-04, 12-4-2012)

To protect the public health, welfare and safety from geologic, flood, or other natural hazards all land use applications for any approval, license, or permit shall comply with the requirements of the sensitive lands overlay district (SL), as applicable, and as provided by chapter 20 of this title. (Ord. 12-12-04, 12-4-2012)

All property owners shall comply with the requirements of the "Utah noxious weeds act", Utah Code Annotated, 1953, as amended. (Ord. 12-12-04, 12-4-2012)