The purpose of supplementary standards is to further the purposes of this title and to address the use, location, construction, and operation of particular uses and activities. Compliance with all supplementary standards, as applicable, as well as all other requirements of this title, and all other federal, state, and local requirements is required for the approval of all land use applications. (Ord. 12-12-04, 12-4-2012)

All applications to establish a home occupation shall comply with the following requirements:

   A.   The home occupation is clearly incidental to the use of the dwelling unit for residential purposes and does not change the character of the structure.

   B.   Entrance to the home occupation from outside shall be the main entrance or the same entrance used by the residents of the dwelling unit, except when required to be otherwise by the fire authority, board of health, or other public agency with authority.

   C.   The physical appearance, traffic, and other activities in connection with the home occupation are not contrary or in conflict with the purposes of the zoning district in which the dwelling unit is located.

   D.   All activities associated with the home occupation shall be conducted entirely within the dwelling unit and conducted by the residents of the dwelling only and does not involve the use of any accessory buildings or outside areas for the storage of goods or materials or the conduct of the home occupation.

   E.   The home occupation shall maintain a valid business license. (Ord. 12-12-04, 12-4-2012)

   A.   All childcare facilities, including a "childcare, facility", "childcare, hourly", "childcare, licensed family", and "childcare, residential certificate" shall comply with all licensure requirements of the state of Utah department of child and family services.

   B.   All childcare facilities, including a "childcare, facility", "childcare, hourly", "childcare, licensed family", and "childcare, residential certificate" shall be inspected and provide a "fire clearance" issued by the fire authority.

   C.   All childcare facilities, including a "childcare, facility", "childcare, hourly", "childcare, licensed family", and "childcare, residential certificate" shall maintain a valid business license. (Ord. 12-12-04, 12-4-2012)

As required by the act, and for the purposes of this section, a manufactured home is the same as defined in section 58-56-3, Utah Code Annotated, 1953, as amended, except that the manufactured home must be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the applicable building code. All associated carports, garages, storage buildings, additions, or alterations must be built in compliance with the applicable building code.

   A.   A manufactured home may not be excluded from any zoning district in which a single-family residence would be permitted, provided the manufactured home complies with all land use ordinances, building codes, and any restrictive covenants, applicable to a single-family residence within that zoning district or area.

   B.   The county may not:

      1.   Adopt or enforce an ordinance or regulation that treats a proposed development that includes manufactured homes differently than one that does not include manufactured homes; or

      2.   Reject a development plan because the development is expected to contain manufactured homes. (Ord. 12-12-04, 12-4-2012)

The establishment of any "church" shall comply with all requirements of the "Utah religious land use act". (Ord. 12-12-04, 12-4-2012)

   A.   All accessory buildings or accessory uses shall only be permitted concurrently with, or following, the establishment of a primary building or primary use.

   B.   Accessory buildings may be attached to, or detached from, the primary building, except all accessory building(s) housing animals or fowl shall be located, as provided by section 10-25-3 of this title, appendix B-2.

   C.   An accessory building that is attached to a primary building shall meet all development standards for the location of the primary building.

   D.   A detached accessory building shall meet all requirements for the location of a detached accessory building, as provided by section 10-25-3 of this title, appendix B-2.

   E.   The location of all accessory buildings, located on corner lots, shall meet the required side yard setback, applicable in the zoning district.

   F.   No mobile home, travel trailer, or similar recreational vehicle shall be used as an accessory building.

   G.   All accessory buildings shall comply with the requirements of the building codes, as adopted, and as applicable.

   H.   No accessory building shall be used as a dwelling unit for human occupancy, unless such accessory building has been approved as an accessory dwelling unit for an owner or employee, as provided by section 10-18-9 of this chapter.

   I.   Accessory buildings shall not be rented, leased, or sold separately from the rental, lease, or sale of the primary building located on the same lot.

   J.   No portion of any accessory building shall be allowed to extend over any property line.

   K.   No stormwater runoff from an accessory building shall be allowed to run onto adjacent property. (Ord. 12-12-04, 12-4-2012)

Section 10-25-3, "Appendix B-2, Development Standards For Detached Accessory Buildings And Structures", of this title, identifies the development standards for all detached accessory buildings. (Ord. 12-12-04, 12-4-2012)

Accessory buildings with a maximum height of ten feet (10') and a maximum size of less than one hundred twenty (120) square feet shall not require a building permit, provided all setback requirements for the zoning district in which the accessory building is located are met, no portion of the accessory building extends over any property line, and no stormwater runoff from the accessory building is allowed to run onto adjacent property. (Ord. 12-12-04, 12-4-2012)

   A.   An accessory dwelling unit for an owner or employee shall not be rented, leased, or sold separately from the rental, lease, or sale of the primary building located on the same lot.

   B.   The lot proposed for an accessory dwelling unit for an owner or employee shall already have an existing primary structure provided, or approved, prior to the consideration of an application to allow an accessory dwelling unit.

   C.   An accessory dwelling unit for an owner or employee shall meet the required setbacks for attached or detached accessory buildings and uses as required by the zoning district in which they are located.

   D.   An accessory dwelling unit for an owner or employee shall be connected to, and served by, the same water, sewer, electrical, and gas meters that serve the primary building. No separate utility lines, connections, or meters shall be allowed for an accessory dwelling unit for an owner or employee.

   E.   The construction of an accessory dwelling unit for an owner or employee shall meet all requirements of the adopted building code, as applicable.

   F.   Mobile homes, travel trailers, boats, or similar recreational vehicles shall not be used as an accessory dwelling unit for an owner or employee.

   G.   The land use application approval for an accessory dwelling unit for an owner or employee shall be received before a building permit is issued.

   H.   As a condition of approval required to establish an accessory dwelling unit for an owner or employee, the property owner shall record against the deed of the subject property, a deed restriction, in a form approved by the county, running in favor of the county, which shall prohibit the rental, lease or sale of the accessory dwelling unit for an owner or employee separately from the rental, lease or sale of the primary use or building. Proof that such deed restriction has been recorded shall be provided to the county planner/zoning administrator prior to the issuance of the certificate of occupancy for the accessory dwelling unit for an owner or employee. (Ord. 12-12-04, 12-4-2012)

   A.   Height:

      1.   Unless required for land use application approval no fence, wall, hedge, or similar structure shall be erected on any required rear or side yard to a height in excess of six feet (6'), provided that any such fence will not result in the establishment of a hazardous condition and will comply with the "clear view" requirements of section 10-17-27 of this title.

      2.   All fences and walls higher than six feet (6'), measured from finished grade, shall obtain a fence permit, approved by the county planner/zoning administrator and building official.

   B.   Quality Of Construction:

      1.   All fences and walls shall be constructed in a workmanlike manner according to industry standards. (Ord. 12-12-04, 12-4-2012)

A bed and breakfast inn shall be conducted only in a single- family dwelling and only by the owner of the dwelling that complies with the following requirements:

   A.   The single-family dwelling proposed as a bed and breakfast inn shall meet all applicable requirements of this title, other land use ordinances, adopted building code, and health code, as applicable.

   B.   The fire authority shall inspect the premises and be satisfied that the dwelling and premises comply with all applicable fire codes, as adopted.

   C.   A hard surfaced off street parking area of one parking space for each guestroom, in addition to the parking requirements for the single-family dwelling shall be provided.

   D.   No accessory structure, motor home, travel trailer, boat, or similar vehicle or facility shall be used as guestrooms. (Ord. 12-12-04, 12-4-2012)

The approval of a residential facility for elderly persons is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons, or if the structure fails to comply with the requirements of this section.

   A.   A residential facility for elderly persons shall not:

      1.   Operate as a business pursuant to section 17-27a-515(1), Utah Code Annotated, as amended.

      2.   Be considered as a business because a fee is charged for food or actual and necessary costs of operation and maintenance of the facility pursuant to section 17-27a-515(3), Utah Code Annotated, as amended.

      3.   Provide housing for a person being treated for alcoholism or drug abuse pursuant to section 17-27a-516(2)(e), Utah Code Annotated, as amended.

   B.   A residential facility for elderly persons shall:

      1.   Be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident pursuant to section 17-27a-515(2)(a), Utah Code Annotated, as amended.

      2.   Be consistent with any existing, applicable land use ordinance requirements affecting the location pursuant to section 17-27a-515(2)(b), Utah Code Annotated, as amended.

      3.   Be occupied on a twenty four (24) hour basis by eight (8) or fewer elderly persons in a family type arrangement pursuant to section 17-27a-515(2)(c), Utah Code Annotated, as amended.

      4.   Be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character pursuant to section 17-27a-516(1)(c), Utah Code Annotated, as amended.

      5.   Shall meet all land use ordinances, building code(s), and health codes as adopted, as applicable to similar dwellings pursuant to section 17-27a-516(2)(a), Utah Code Annotated, as amended.

      6.   Provide adequate off street parking pursuant to section 17-27a-516(2)(b), Utah Code Annotated, as amended.

   C.   Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility pursuant to section 17-27a-516(2)(f), Utah Code Annotated, as amended.

   D.   The land use authority in reviewing an application to establish a residential facility for elderly persons may to the extent necessary modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility. (Ord. 12-12-04, 12-4-2012)

   A.   Requirements Determined To Comply: The requirements of this section are hereby found to comply with title 57, chapter 21, Utah Code Annotated Utah fair housing act, and the federal fair housing amendments act of 1988, 42 USC section 3601 et seq.

   B.   Applicant Required To Identify Type Of Facility:

      1.   The applicant for a land use permit to establish a residential facility for persons with a disability, and who is either the owner or provider, shall identify in writing, and include with the land use application, the specific type of residential facility for persons with a disability to be licensed by the Utah department of human services, office of licensing, under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.

      2.   No action by the land use authority, as applicable, shall be taken and no application shall be scheduled for review until the applicant has specifically identified the type of residential facility for persons with a disability proposed to be licensed by the Utah department of human services, office of licensing, under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.

   C.   Land Use Authority Approval Limited: The approval of a permit or license to operate a residential facility for persons with a disability shall be limited to the type of residential facility for persons with a disability, as licensed by the Utah department of human services, office of licensing under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.

   D.   Minimum Standards For Land Use Permit Approval:

      1.   State Law Compliance: All land use applications to establish a residential facility for persons with a disability shall comply with all requirements for licensure, as required by the Utah department of human services or the Utah department of health and this section.

      2.   Physical Environment:

         a.   The residential facility for persons with a disability is proposed to be located within a zoning district where similar residential dwellings that are not residential facilities for persons with a disability are allowed 1 . Such zoning districts are identified in section 10-25-1 of this title, appendix A, table of uses.

         b.   The proposed residential facility for persons with a disability complies with the dispersal standards 2 provided in section 10-25-1 of this title, appendix A, table of uses.

         c.   As provided by R501 et seq., Utah administrative code ("UAC") as amended, no residential facility for persons with a disability shall be approved unless it complies with all physical facilities requirements including:

            (1)   It is proposed in a building, or buildings, that complies, or will comply with county land use ordinances, as adopted, and as applicable to similar structures in the zoning district in which the residential facility for persons with a disability is proposed, as evidenced in writing by the county planner/zoning administrator.

            (2)   It is proposed in a building, or buildings, that complies, or will comply, with all business license requirements, as evidenced in writing by the county planner/zoning administrator.

            (3)   It is proposed in a building, or buildings, that complies, or will comply with all building code(s), as adopted, and as applicable to similar structures in which the residential facility for persons with a disability is proposed, as evidenced in writing by the county building official.

            (4)   It is proposed in a building, or buildings, that complies, or will comply with all state fire prevention laws and requirements, as evidenced in writing by a representative of the state of Utah fire marshal's office.

            (5)   It is proposed in a building, or buildings, that complies, or will comply with all state and local health codes and rules regarding sanitation and infectious disease control, as evidenced in writing by the local health department.

      3.   Buildings And Grounds:

         a.   The appearance and cleanliness of the building(s) and grounds shall be adequately maintained.

         b.   Reasonable measures shall be taken to ensure a safe physical environment for all clients and staff.

   E.   Maximum Number Of Occupants (Clients And Staff) To Be Established: Any building, or buildings, proposed to be used as a residential facility for persons with a disability shall be inspected or reviewed by the Millard County building official, considering the requirements of physical environment, as provided by UAC, as amended, and established for the type of residential facility for persons with a disability, as identified by the applicant, as required by subsection B of this section. Following this inspection or review, the county building official shall determine the maximum number of occupants (clients and staff) to be permitted for the type of residential facility for persons with a disability. This determination shall be provided in writing to the land use authority, as applicable, and prior to any action by the land use authority on the land use application.

   F.   Licensed Or Certified By The State; Permitted Use Provisions To Apply:

      1.   The state of Utah department of human services, office of licensing and department of health licenses or certifies various residential facilities. For the purposes of this section, a residential facility for persons with a disability licensed or certified by the state of Utah department of human services, office of licensing or the department of health shall be a permitted P-1 use within a zoning district where similar residential dwellings that are not residential facilities for persons with a disability are allowed 3 .

      2.   No residential facility for persons with a disability shall be approved by the land use authority unless and until all requirements for the necessary license or certification have been met and the facility has received the necessary approval from the state of Utah department of human services, office of licensing or the state of Utah department of health; or

      3.   The land use authority shall condition an approval of a land use application on the presentation of written evidence that the state of Utah department of human services, office of licensing or the department of health, as required by this section, has licensed the residential facility for persons with a disability. Failure to provide written evidence of such license or certification within ninety (90) days following approval to the county planner/zoning administrator shall automatically void any approval and invalidate any existing or pending land use permit or license.

   G.   Continued Compliance With All State Licensure Requirements:

      1.   The responsibility to license or certify programs, or owners or providers that operate a residential facility for persons with a disability, as well as require and monitor the provision of adequate services to clients shall rest with the state of Utah department of human services or the state of Utah department of health. All types of residential facilities for persons with a disability shall maintain the necessary license or certification as required by the Utah department of human services or the Utah department of health.

      2.   Failure to maintain a valid license or certification with the department of human services or the department of health shall be cause for any approval, license or permit issued by a land use authority to be automatically terminated and be found to be void and invalid.

   H.   Approval To Operate Nontransferable:

      1.   The Utah department of human services, office of licensing and the Utah department of health specifically issues the required license or certification to operate the type of residential facility for persons with a disability approved by the Utah department of human services, office of licensing or the Utah department of health to the owner or operator of the facility.

      2.   An approval to operate a residential facility for persons with a disability, as authorized by this section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the residential facility for persons with a disability, and as identified as the owner or provider, licensed by the state of Utah department of human services or the state of Utah department of health. An approval to operate a residential facility for persons with a disability terminates if the building, or buildings, are devoted to another use or if the facility fails to comply with any of requirements of this section or the requirements of the Utah department of human services or the Utah department of health.

   I.   Reasonable Accommodations: The land use authority, in reviewing an application to establish and operate a residential facility for persons with a disability, may to the extent necessary, modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facility equal opportunity in the use and enjoyment of the facility and/or to comply with the requirements of title 57, chapter 21, Utah Code Annotated Utah fair housing act or the federal fair housing amendments act of 1988, 42 USC section 3601 et seq. (Ord. 12-12-04, 12-4-2012)

With the following additions and exception to the requirements for a residence for persons with a disability, as provided by section 10-18-13 of this chapter, the following requirements shall apply to all residences for persons with a disability that are substance abuse facilities and proposed within five hundred feet (500') of a school:

   A.   In accordance with the rules established by the department of human services under Utah Code Annotated title 62A et seq., licensure of programs and facilities, shall provide:

      1.   A security plan satisfactory to the Millard County sheriff;

      2.   Twenty four (24) hour supervision for residents; and

      3.   Other twenty four (24) hour security measures.

   B.   A residential facility for persons with a disability that are substance abuse facilities and proposed within five hundred feet (500') of a school shall be a permitted P-2 use within the zoning districts identified by section 10-25-1 of this title, appendix A, table of uses. (Ord. 12-12-04, 12-4-2012)

   A.   Land Use Authority Approval Limited: The approval of a permit or license to operate a therapeutic school shall be limited by the standards established by the Utah department of human services, office of licensing, and the county.

   B.   Minimum Standards For Land Use Permit Approval:

      1.   State Law Compliance: All land use applications to establish a therapeutic school shall comply with all requirements for licensure, as required by the Utah department of human services and this section.

      2.   Physical Environment: A therapeutic school shall comply with the following:

         a.   A therapeutic school shall be a conditional C-1 use within the zoning districts identified by section 10-25-1 of this title, appendix A, table of uses.

         b.   The proposed therapeutic school complies with the dispersal standards provided in section 10-25-1 of this title, appendix A, table of uses.

         c.   As provided by R501-14 et seq., Utah administrative code ("UAC") as amended, no therapeutic school shall be approved unless it complies with physical facilities requirements including, but not limited to:

            (1)   It is proposed in a building, or buildings, that complies, or will comply with Millard County's land use ordinances, as adopted, and as applicable to similar structures in the zoning district in which the therapeutic school is proposed, as evidenced in writing by the county planner/zoning administrator.

            (2)   It is proposed in a building, or buildings, that complies, or will comply, with all business license requirements, as evidenced in writing by the county planner/zoning administrator.

            (3)   It is proposed in a building, or buildings, that complies, or will comply with all building code(s), as adopted, and as applicable to similar structures in which the therapeutic school is proposed, as evidenced in writing by the county building official.

            (4)   It is proposed in a building, or buildings, that complies, or will comply with all state fire prevention laws and requirements, as evidenced in writing by a representative of the state of Utah fire marshal's office.

            (5)   It is proposed in a building, or buildings, that complies, or will comply with all state and local health codes and rules regarding sanitation and infectious disease control, as evidenced in writing by the local health department.

      3.   Buildings And Grounds:

         a.   The appearance and cleanliness of the building(s) and grounds shall be adequately maintained.

         b.   The therapeutic school shall maintain on site offices.

         c.   Reasonable measures shall be taken to ensure a safe physical environment for all clients and staff.

   C.   Maximum Number Of Occupants (Clients And Staff): Any building, or buildings, proposed to be used as a therapeutic school shall be inspected or reviewed by the county building official, considering the requirements of physical environment, as provided by the UAC, as amended, and established for therapeutic schools. Following this inspection or review the county building official shall determine the maximum number of occupants (clients and staff) to be permitted. This determination shall be provided in writing to the land use authority, as applicable, and prior to any action by the land use authority.

   D.   Department Of Human Services License Required:

      1.   No therapeutic school shall be approved by the land use authority unless and until all requirements for the necessary license or certification have been met and the facility has received the necessary approval from the state of Utah department of human services, office of licensing; or

      2.   The land use authority may condition an approval on the presentation of written evidence that the state of Utah department of human services, office of licensing has licensed the therapeutic school. Failure to provide written evidence of such license or certification within ninety (90) days following approval to the county planner/zoning administrator shall automatically void any approval and invalidate any existing or pending land use permit or license.

   E.   Continued Compliance With State Licensure Requirements:

      1.   The responsibility to license programs, or owners or providers that operate a therapeutic school, as well as require and monitor the provision of adequate services to clients shall rest with the state of Utah department of human services. A therapeutic school shall maintain the necessary license with the Utah department of human services.

      2.   Failure to maintain a valid license with the department of human services shall be cause for any approval, license or permit issued by a land use authority to be automatically terminated and be found to be void and invalid.

   F.   Approval To Operate Nontransferable: An approval to operate a therapeutic school, as authorized by this section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the therapeutic school, and as identified as the owner or provider licensed by the state of Utah department of human services. An approval to operate a therapeutic school terminates if the building, or buildings, are devoted to another use or if the facility fails to comply with any of the requirements of this section or the license requirements of the Utah department of human services.

   G.   Reasonable Accommodations: The land use authority, in reviewing an application to establish and operate a therapeutic school, may to the extent necessary modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facility equal opportunity in the use and enjoyment of the facility and/or to comply with the requirements of title 57, chapter 21, Utah Code Annotated Utah fair housing act or the federal fair housing amendments act of 1988, 42 USC section 3601 et seq. (Ord. 12-12-04, 12-4-2012)

   A.   Land Use Authority Approval Limited: The approval of a permit or license to operate an outdoor youth program shall be limited, as licensed by the Utah department of human services, office of licensing.

   B.   Minimum Standards For Land Use Permit Approval:

      1.   State Law Compliance: All land use applications to establish an outdoor youth program, as provided by rule R501-8, outdoor youth programs, UAC, as amended, shall comply with all requirements for licensure, as required by the Utah department of human services and this section.

      2.   Minimum Local Requirements:

         a.   As authorized by the UAC, including R501 et seq., as amended, no outdoor youth program shall be approved unless:

            (1)   It has been approved as a conditional C-2 use within the zoning districts identified by section 10-25-1 of this title, appendix A, table of uses.

            (2)   A Millard County business license has been issued, and the outdoor youth programs remains in compliance with all business license requirements, as evidenced in writing by the county planner/zoning administrator.

            (3)   The maximum group size has been reviewed and approved, as evidenced in writing by the Millard County sheriff's office and the local health department.

            (4)   An emergency evacuation plan has been reviewed and approved, as evidenced in writing by the Millard County sheriff's office. Such emergency evacuation plan shall identify all necessary arrangements with all local rescue services for possible emergency evacuation needs, which shall be reviewed and approved every six (6) months by the Millard County sheriff's office.

            (5)   Written evidence that a copy of each expeditionary route has been provided to the Millard County sheriff's office, including schedule and itinerary.

            (6)   Written evidence is provided from the property owner or federal land managers of approval to operate the outdoor youth program on the property(ies) at the proposed location.

            (7)   All stationary outdoor youth program camps shall be inspected by the local health department before being occupied and on an annual basis thereafter. A copy of the inspection shall be maintained at the site of the camp and a copy provided to the county planner/zoning administrator. The inspection shall require the following:

   (A) Food: Food be stored, prepared and served in a manner that is protected from contamination.

   (B) Water Supply: The water supply shall be from a source that is accepted by the local health authority according to UAC R392-300 "rules for recreation camp sanitation", as amended, at the time of application and for annual renewal of such licenses.

   (C) Sewage Disposal: Sewage shall be disposed of through a public system, or in absence of a public system, in a manner approved by the local health authority, according to UAC R392-300 "rules for recreation camp sanitation", as amended.

   C.   Department Of Human Services License Required:

      1.   No outdoor youth program shall be approved by the land use authority unless and until all requirements for the necessary license or certification have been met and the facility has received the necessary approval from the state of Utah department of human services, office of licensing; or

      2.   The land use authority may condition an approval on the presentation of written evidence that the state of Utah department of human services, office of licensing has licensed the outdoor youth program. Failure to provide written evidence of such license or certification within ninety (90) days following approval to the county planner/zoning administrator shall automatically void any approval and invalidate any existing or pending land use permit or license.

   D.   Continued Compliance With State Licensure Requirements:

      1.   The responsibility to license programs, or owners or providers that operate an outdoor youth program, as well as require and monitor the provision of adequate services to clients shall rest with the state of Utah department of human services. An outdoor youth program shall maintain the necessary license with the Utah department of human services, office of licensing.

      2.   Failure to maintain a valid license with the department of human services shall be cause for any approval, license or permit issued by a land use authority to be automatically terminated and be found to be void and invalid.

   E.   Approval To Operate Nontransferable:

      1.   An approval to operate an outdoor youth program, as authorized by this section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the outdoor youth program, and as identified as the owner or provider licensed by the state of Utah department of human services, office of licensing. An approval to operate an outdoor youth program terminates if the outdoor youth program fails to comply with any of requirements of this section or the license requirements of the Utah department of human services.

   F.   Reasonable Accommodations: The land use authority, in reviewing an application to establish and operate an outdoor youth program may to the extent necessary, modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons equal opportunity in the use and enjoyment of the outdoor youth program. (Ord. 12-12-04, 12-4-2012)

No animals or fowl that are inherently or potentially dangerous shall be kept on any lot or parcel located within the county. (Ord. 12-12-04, 12-4-2012)

This section provides standards for wireless telecommunication facilities to promote compatibility with adjoining uses to the extent permitted by the telecommunications act of 1996, as amended.

   A.   Scope: The requirements of this section shall apply to all wireless telecommunications facilities such as "cellular" or "PCS" (personal communications system) communications and paging systems. This section shall not apply to radio antennas complying with the ruling of the federal communications commission in "amateur radio preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 CFR part 97.

   B.   Facility Types: The following types of wireless telecommunication facilities shall be governed by this section:

      1.   Stealth design antennas.

      2.   Roof mounted antennas.

      3.   Wall mounted antennas.

      4.   Monopoles; monopoles with antennas and antenna support.

   C.   Prohibited Facility Types: Unless a facility is a wireless telecommunication facility identified above, all other types of facilities are determined to be prohibited facilities within the county, including the following facilities:

      1.   Lattice Tower: A lattice tower unless otherwise required to comply with state or federal law.

      2.   All Other Types: All other types of wireless telecommunication facilities unless otherwise required to comply with state or federal law.

   D.   Other Laws: The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title or other laws, including regulations of the federal communications commission and the federal aviation administration.

   E.   Existing Facility Plan Required: When a carrier applies for an approval under this section, the carrier shall submit a plan showing by location and type of the carrier's existing and planned facilities within the county.

   F.   Screening: Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a decorative screening fence, and/or landscaping.

   G.   Location: The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right of way.

   H.   Compliance Required: The proposed facility shall conform to the requirements of this section and other applicable federal, state, or local laws, including regulations of the federal communications commission and the federal aviation administration.

   I.   Permits Required: Copies of required permits from federal and state agencies establishing compliance with applicable federal or state regulations shall be filed with the county clerk as a part of a land use application required to authorize the proposed facility.

   J.   Stealth Design Antennas: The following provisions shall apply to all stealth design antennas. The intent of this section is to allow creativity in designing a proposed facility so that it will have limited visual impact.

      1.   Stealth designs may include, but are not limited to, the use of one or more of the following:

         a.   Screening, structure, and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted;

         b.   Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site; and

         c.   Color schemes that make the antenna less noticeable.

      2.   Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a decorative screening fence, and/or landscaping.

      3.   The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right of way.

      4.   The proposed facility shall conform to the requirements of this section and other applicable federal, state, or local laws, including regulations of the federal communications commission and the federal aviation administration.

      5.   Copies of required permits from federal and state agencies establishing compliance with applicable federal and state regulations shall be maintained on file with the county clerk.

      6.   The proposed facility shall conform to applicable development standards set forth in this section.

      7.   The land use authority shall have authority to determine whether a proposed roof mounted or wall mounted wireless telecommunications facility design will have limited visual impact and whether a proposed stealth design meets the intent of this section.

   K.   Roof Mounted Antennas: The following provisions shall apply to roof mounted antennas:

      1.   Roof mounted antennas may only be allowed if determined to be a stealth design as set forth in this section.

      2.   The maximum height of any roof mounted antenna shall comply with the maximum building height allowed in the zoning district in which the roof mounted antenna is located.

      3.   The maximum number of roof mounted antennas shall be one roof mounted antenna per building or structure.

   L.   Wall Mounted Antennas: Wall mounted antennas may only be allowed if determined to be a stealth design as set forth in this section. The following provisions shall apply to flush and nonflush mounted wall antennas:

      1.   Wall mounted antennas shall not:

         a.   Extend above the maximum building height allowed in the zoning district in which the wall mounted antenna is located.

         b.   Extend more than one foot (1') horizontally from the wall surface.

      2.   Wall mounted antennas, equipment, and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.

      3.   The maximum number of wall mounted antennas shall be one wall mounted antenna per building or structure.

      4.   All wall mounted antennas shall be approved stealth design antennas as set forth in this section.

   M.   Monopoles And Antenna Support Structures: Monopoles with antenna support structures shall only be allowed if determined to be a stealth design, as set forth in this section. The following provisions shall apply to monopoles and antenna support structures:

      1.   The maximum height of any monopole, including antennas and antenna support structures, shall comply with the maximum building height allowed in the zoning district in which the monopole, including antennas and antenna support structures is located, measured from the natural grade at the base of the monopole to the highest point of the pole, antennas, or support structures.

      2.   The location of a monopole, and its associated equipment and facilities, shall be as follows:

         a.   All accessory equipment not located within an accessory building shall be completely screened from view by a decorative screening fence.

         b.   All monopoles and associated equipment and facilities shall be a stealth design, as provided by this section. The land use authority shall have the authority and responsibility to determine whether a proposed monopole and its associated accessory equipment and facilities will have limited visual impact.

         c.   A monopole, and its associated equipment and facilities, shall comply with the minimum yard setback requirements of the zoning district in which it is located.

         d.   A monopole shall not be located within one thousand (1,000) linear feet from another monopole.

         e.   All communication and power lines to or between any accessory building, accessory equipment, and antenna structures, shall be located underground.

   N.   Alternative Locations: In considering applications to locate wireless telecommunications facilities, the land use authority shall consider whether the location of the antenna on other existing structures in the same vicinity, such as other towers, buildings, athletic field lights, parking lot lights, etc., is possible without significantly affecting antenna transmission or reception.

   O.   Nonmaintained And Abandoned Facilities; Letter Agreement: Prior to approval of an application for a wireless telecommunication facility, the applicant shall provide the land use authority a letter agreeing to the requirements of this section. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the county clerk with a copy of a "notice to abandon" to be filed with the federal communications commission and will remove the facility.

   P.   Enforcement: If the county planner/zoning administrator determines that a facility is not maintained, is abandoned, or is vacated, the county planner/zoning administrator shall send the carrier a notice of nonmaintenance or abandonment by certified mail. If a facility subject to the notice has not been repaired, put into use, or removed within thirty (30) calendar days of receipt of the notice, the county planner/zoning administrator shall send the carrier a certified notice to remove, which shall give the carrier thirty (30) calendar days from the receipt of the notice to remove the facility. In the event a facility is not removed as required, the county may undertake legal proceedings to enforce removal as set forth in this section, or other applicable ordinances of the county. (Ord. 12-12-04, 12-4-2012)

As required by the act, the county may not enact or enforce an ordinance that does not comply with the ruling of the federal communications commission in "amateur radio preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 CFR part 97.

If the county adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall:

   A.   Reasonably accommodate amateur radio communications; and

   B.   Represent the minimal practicable regulation to accomplish the county's purpose. (Ord. 12-12-04, 12-4-2012)

All applications for a beer license, as provided by Utah law, shall comply with the procedures and requirements of the county for the sale, distribution, and consumption of alcoholic beverages and alcoholic products, as adopted. (Ord. 12-12-04, 12-4-2012)

A sexually oriented business may be authorized as a conditional C-2 use in the zoning districts identified by section 10-25-1 of this title, table of uses, subject to the following conditions:

   A.   No sexually oriented business shall be located less than one thousand feet (1,000') of:

      1.   A church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities;

      2.   A public or private educational facility, including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, junior colleges and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

      3.   A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the county;

      4.   An entertainment business that is oriented primarily toward children or family entertainment;

      5.   Any private club or tavern; or

      6.   The property line of a lot devoted to a residential use.

   B.   For the purpose of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in this section. Presence of a city, county, or other political subdivision boundary shall not be considered for purposes of calculating and applying the distance requirements of this section.

   C.   For the purpose of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

   D.   Signs for sexually oriented businesses shall be limited as follows:

      1.   No more than one exterior wall sign or awning sign shall be allowed.

      2.   No sign shall be allowed to exceed eighteen (18) square feet.

      3.   No animation shall be permitted on, or around any sign, or on the exterior walls or roof of such premises.

      4.   No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only.

      5.   Painted wall advertising shall not be allowed.

   E.   Other than the signs specifically allowed by this section, sexually oriented businesses shall not attach, construct, or allow to be attached or constructed, any temporary signs, banner, light, or other device designed to draw attention to the business location. (Ord. 12-12-04, 12-4-2012)

This section provides the minimum standards for the placement, construction and modification of wind energy systems (major), while promoting the safe, effective and efficient use of such systems.

   A.   Location: A wind energy system (major) may be authorized as provided by section 10-25-1 of this title, appendix A, table of uses.

   B.   Setbacks: All wind energy systems (major) shall be set back from the nearest property line and public road right of way as approved by the land use authority, as applicable.

   C.   Avoid Negative Impact On Adjoining Property: All wind energy systems (major) shall be located so as to avoid creating any negative impacts or nuisance to any adjoining use or property, as evidenced by data, information, materials, and studies provided by the applicant, and accepted and approved by the land use authority.

   D.   Minimum Parcel Size: No wind energy system (major) shall be established on any parcel less than twenty (20) acres.

   E.   Height: The height of a wind energy system (major) shall be as approved by the land use authority, as applicable.

   F.   Design Standards: A wind energy system (major) shall demonstrate that any structures, location and siting will not result in shadow flicker, noise, or ice throw on an adjacent property or structure, including a finding that the wind energy system (major) can be approved complying with all requirements of this section. In addition, the land use authority shall consider the following when considering a land use application for a wind energy system (major):

      1.   Avian impacts.

      2.   Visual impacts, appearance and viewsheds.

      3.   Wildlife habitat areas and migration patterns.

      4.   Decommissioning, reclamation and abandonment plans.

      5.   Lighting and federal aviation administration (FAA) height restrictions.

      6.   Fencing and security.

      7.   Noise impacts.

      8.   Shadow flicker and strobe effects.

      9.   Telecommunications interference.

      10.   Other issues and impacts, as applicable.

   G.   Safety And Access:

      1.   No tower shall have any climbing apparatus within fifteen feet (15') of the ground. All access doors or accessways to towers and electrical equipment shall be locked at all times.

      2.   Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.

   H.   Noise: No wind energy system (major) shall exceed sixty decibels (60 dBA) as measured at the property line or fifty decibels (50 dBA) measured at the nearest dwelling.

   I.   Visual Appearance:

      1.   Wind energy systems (major) shall be finished in a rust resistant, nonobtrusive finish and color that is nonreflective.

      2.   No wind energy system (major) shall be lighted unless required by the federal aviation administration (FAA).

      3.   No advertising signs of any kind shall be permitted on any wind energy system (major).

      4.   Appropriate screening and landscaping shall be provided to screen all accessory structures from roads and adjacent dwellings and public buildings.

   J.   Electrical Connections: All electrical connections and distribution lines shall comply with all applicable codes and public utility requirements.

   K.   Communications Signal Interference: All efforts shall be made to site wind energy systems (major) to reduce the potential for blocking or reflecting television and other communication signals. No wind energy system (commercial) shall cause permanent and material interference with television or other communication signals.

   L.   Overspeed Controls: All wind energy systems (major) shall be equipped with both manual and automatic overspeed controls.

   M.   Fire Protection: All wind energy systems (major) shall have a defensible space for fire protection in accordance with the Utah wildland-urban interface code.

   N.   Land Use Application: All land use applications to establish a wind energy system (major) shall, in addition to the conditional use application materials required herein, provide the following information:

      1.   Elevations of the proposed site to scale showing the height, design and configuration of the wind energy system (major) and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.

      2.   Engineering drawings of the proposed wind energy system (major) identifying:

         a.   Tower design, including its weight bearing capacity.

         b.   Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.

         c.   Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed wind energy system (major) including the name and address of the manufacturer and model.

         d.   Emergency and normal shutdown procedures.

         e.   Electrical drawings identifying all electrical components and in sufficient detail to establish that the installation conforms to all applicable electrical codes. (Ord. 12-12-04, 12-4-2012)

This section provides the minimum standards for the placement, construction and modification of wind energy systems (minor), as defined herein, while promoting the safe, effective and efficient use of such systems.

   A.   Location: A wind energy system (minor) may be authorized as provided by section 10-25-1 of this title, appendix A, table of uses.

   B.   Setbacks: All wind energy systems (minor) shall be set back from the nearest property line, public road right of way, communication and electrical line not less than 1.5 times its total height.

   C.   Minimum Parcel Size: No wind energy system (minor) shall be established on any parcel or lot less than two (2) acres in size.

   D.   Avoid Negative Impact On Adjoining Property: All wind energy systems (minor) shall be located so as to avoid creating any negative impacts or nuisance to any adjoining use or property, as evidenced by data, information, materials, and studies provided by the applicant, and accepted and approved by the land use authority.

   E.   Height: For parcels and lots of two (2) acres but less than five (5) acres, the total height shall not exceed seventy feet (70'). For properties of five (5) acres but less than twenty (20) acres, the total height shall not exceed one hundred feet (100'). For properties of twenty (20) acres or larger, the total height shall not exceed one hundred twenty feet (120').

   F.   Design Standards: A wind energy system (minor) shall demonstrate that any structures, location and siting will not result in shadow flicker, noise, or ice throw on an adjacent property or structure, including a finding that the wind energy system (minor) can be approved complying with all requirements of this section. In addition, the land use authority shall consider the following when considering a land use application for a wind energy system (minor):

      1.   Monopole Or Freestanding Design: All wind energy systems (minor) shall be of a monopole or freestanding design without guywires.

      2.   Minimum Blade Height: The minimum height of the lowest extent of a turbine blade shall be thirty feet (30') above natural or finished grade and thirty feet (30') above any structure or obstacle within one hundred feet (100') of the tower.

   G.   Safety And Access:

      1.   No tower shall have any climbing apparatus within fifteen feet (15') of the ground. All access doors or accessways to towers and electrical equipment shall be locked at all times.

      2.   Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.

   H.   Noise: No wind energy system (minor) shall exceed sixty decibels (60 dBA) measured at the property line or fifty decibels (50 dBA) measured at the nearest dwelling.

   I.   Visual Appearance:

      1.   Wind energy system (minor) shall be finished in a rust resistant, nonobtrusive finish and color that is nonreflective.

      2.   No wind energy system (minor) shall be lighted unless required by the federal aviation administration (FAA).

      3.   No advertising signs of any kind shall be permitted.

      4.   Appropriate fencing and landscaping shall be provided to screen all accessory structures from roads and adjacent dwellings and public buildings.

      5.   All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements.

   J.   Interference: No wind energy system (residential) shall cause permanent and material interference with television or other communication signals.

   K.   Overspeed Controls: All wind energy systems (minor) shall be equipped with both manual and automatic overspeed controls.

   L.   Fire Protection: All wind energy systems (minor) shall have a defensible space for fire protection in accordance with the Utah wildland-urban interface code.

   M.   Land Use Application: All land use applications to establish a wind energy system (minor) shall, in addition to the conditional use application materials, provide the following information:

      1.   Elevations of the proposed site to scale showing the height, design and configuration of the wind energy system (minor) and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.

      2.   Engineering drawings of the proposed wind energy system (minor) identifying:

         a.   Tower design, including its weight bearing capacity.

         b.   Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.

         c.   Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed wind energy system (minor) including the name and address of the manufacturer and model.

         d.   Emergency and normal shutdown procedures.

         e.   Electrical drawings identifying all electrical components and in sufficient detail to establish that the installation conforms to all applicable electrical codes.

         f.   Evidence that the electrical service provider has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid. (Ord. 12-12-04, 12-4-2012)

This section provides standards for the establishment and operation of animal feeding operations ("AFO"), including concentrated animal feeding operations ("CAFO"). The provisions of this section are found to implement the applicable goals and policies of the Millard County general plan and to be consistent with all federal and state requirements, as applicable.

   A.   Classification Of Animal Confinement Operations: For the purposes of this section, AFOs shall be classified as follows 1 :

      1.   Level 1: Any confinement where:

         a.   Of more than ten (10) but less than three hundred (300) animal units are kept at the same time for more than forty five (45) days out of any calendar year; and

         b.   Does not also meet the definition of a CAFO.

      2.   Level 2: Any AFO where:

         a.   More than three hundred (300) animal units are kept at the same time for more than forty five (45) days out of any calendar year; and

         b.   Does not also meet the definition of a CAFO.

      3.   Level 3: Any AFO meeting the definition of a CAFO, as provided by the state of Utah or is designated by the executive secretary of the Utah department of environmental quality - division of water quality.

   B.   Requirements, Application And Approval: The establishment and operation of an AFO shall be subject to the following:

      1.   No level 1 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.

      2.   No level 2 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.

      3.   No level 3 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.

      4.   No AFO shall be constructed or established and no AFO shall be permitted to operate, or increase the number of animals confined, without submitting the appropriate permitted use application or conditional use permit application and receiving the necessary permit approval from the land use authority, as applicable.

      5.   A legally existing AFO located in a zoning district where an AFO is not allowed by the provisions of this section, may continue as a legal nonconforming use. Such AFO shall not increase the number of animals confined unless the necessary conditional use permit is issued.

      6.   An illegally existing AFO shall remain an illegal use and subject to the county's enforcement provisions.

   C.   Application Requirements: In addition to the standards and requirements of a permitted (P) use application, conditional (C-1) use application, or conditional (C-2) use application, as applicable, the following shall also apply to all applications to establish and operate an AFO:

      1.   Preapplication Conference: Before submitting an application to establish and/or operate an AFO, the applicant shall schedule and hold a preapplication meeting with the county planner to discuss the proposed AFO and to review the application process. The county planner shall provide the applicant with a compliance checklist identifying the requirements of the application and approval procedure, and a flow chart of the approval process. The applicant shall provide information at the preapplication conference regarding the proposed number of animal units to be confined in the AFO, the proposed location of the AFO, and the intended development schedule.

      2.   Land Use Application: All applications to establish a level 2 AFO shall, in addition to the conditional use application materials required provide the following additional information:

         a.   The location and total size of all animal confinement areas and the maximum number of animal units proposed to be confined.

         b.   The location of any incorporated towns, schools, churches, public or private parks, and subdivisions within one-half (1/2) mile of the proposed AFO.

         c.   The location of all inhabited dwellings located closer than six hundred sixty feet (660') from any facilities that will constitute any part of the animal confinement, feed storage or processing, or manure handling facilities and lagoons.

         d.   The location of all public roads and highways within three hundred feet (300') of the land upon which the AFO will be located.

         e.   The location of any existing wells and the boundary of any public water system source protection zones located within three hundred feet (300') of the boundary of the land on which the AFO will be developed.

         f.   The name of the person (or persons) or entity (or entities) that will be responsible for managing the AFO.

         g.   Written evidence of water rights available and necessary for the AFO and plans for the development of any water systems that will serve the AFO, including an estimate of the total annual quantity of water to be used.

         h.   Plans for controlling dust generated during construction and operation of the AFO.

         i.   A copy of mortality/dead animal disposal plan.

         j.   A plan to prevent or mitigate the effects of odors from the AFO on lands where uses presently exist that may be affected by the AFO.

         k.   Plans for controlling insects, rodents, or other undesirable animal species that may result from operation of the CAFO.

         l.   The access road(s), existing or proposed, for trucks and all other regular vehicular traffic to and from the AFO.

         m.   The total number of animals to be located on the AFO estimated as closely as possible for the next five (5) years.

         n.   A manure disposal plan.

      3.   Land Use Application: All applications to establish a level 3 AFO shall, in addition to the conditional use application materials required provide the following additional information:

         a.   All information required for level 2 AFO, as required by subsection C2 of this section.

         b.   All applications submitted to the Utah department of environmental quality, or if none have yet been submitted, the expected date on which all such applications will be submitted.

         c.   The expected number of persons necessary to operate the level 3 AFO (CAFO).

         d.   The estimated investment in the level 3 AFO (CAFO) if it is constructed as set forth in the proposal.

   D.   Fees: Fees for the review and processing of all permitted use applications and conditional use applications involving an AFO shall be in accordance with chapter 2 of the administrative manual. The application fee shall be based on the maximum number of animal units to be maintained in the AFO. Any permitted (P) use permit, conditional (C-1) use permit or conditional (C-2) use permit issued for the AFO shall not provide for more animals than the number on which the fee is based, unless the fee amount for additional animals is paid prior to permit approval. In the event that additional assistance is required to review the application, the county may, at its discretion, require the applicant to pay all or a portion of the professional fees incurred by the county for this service.

   E.   Filing Land Use Application: All permitted use applications and conditional use applications shall be submitted to the county planner who shall determine the application complete as required by chapter 2 of the administrative manual.

   F.   Application Review:

      1.   All permitted (P) use applications to establish and/or operate a level 1 AFO shall be reviewed as required by this section and chapter 7 of this title.

      2.   All conditional (C-1) use applications and all conditional (C-2) use applications, as applicable, to establish and/or operate a level 2 or level 3 AFO shall be reviewed as required by this section and chapter 8 of this title.

   G.   Site Selection Criteria And Required Minimum Separation: No AFO shall be constructed, or allowed to operate, except on sites meeting the minimum site selection criteria set out in this section, except for those that qualify as a legal nonconforming use under this section. The minimum site requirements and separation distances are:

      1.   Public Water Supply System: No AFO shall be located within the source protection area of a public drinking water supply system, except for a public water supply system constructed and operated solely for the benefit of the AFO.

      2.   Access For Vehicles: All roads, streets, and other accesses providing access for vehicles to the AFO shall be sufficient for the type and volume of traffic necessary for operation of the AFO, or adequate provision shall be made to improve such roads, streets, and accesses as part of the AFO approval.

      3.   Comprehensive Nutrient Management Plan: The AFO shall have sufficient lands for application of manure nutrients, unless the AFO will utilize other manure management systems such as systems providing nutrient reduction or processing of manure components. When required either by Utah law or by conditions of approval, an approved comprehensive nutrient management plan (CNMP) shall be prepared for the AFO, and arrangements shall be made for the use of lands to be used as part of the CNMP.

      4.   Utility Services: All utility services must be sufficient for the AFO, or provision must be made for such utility services to be provided.

      5.   Water Supply: There must be an adequate water supply for the AFO, with sufficient water rights either by contract or by rights appurtenant to the AFO lands.

      6.   Required Minimum Separation Distances: The following minimum separation distances shall apply to all AFOs:

         a.   The setbacks for land improvements used in a level 1 AFO shall be the setback requirements required by the zoning district.

         b.   In addition to the setback requirements of the zoning district all level 2 and level 3 AFOs shall comply with the following minimum separation distances:

            (1)   No corral, building or structure which houses or is intended to house any livestock or any manure storage area or waste lagoon shall be located closer than one-half (1/2) mile from the property or boundary line of the nearest incorporated town, school, church, public park, or platted subdivision.

            (2)   No corral, building or structure which houses or is intended to house livestock or any manure storage area or manure treatment lagoon shall be located closer than fifty feet (50') from the property line of the AFO facility.

            (3)   All corrals, buildings, or structures which house or are intended to house any livestock, and all manure storage areas and manure treatment lagoons shall be located at least one hundred feet (100') from the centerline of any road used by the public for general travel, except state and federal highways, for which the minimum separation distance shall be two hundred feet (200') from the centerline.

            (4)   The closest inside edge of the retaining wall of any manure treatment lagoon, or outside wall of a milking barn, or the outside edge of any corral or manure storage area shall be at least six hundred sixty feet (660') from the nearest inhabited dwelling, other than dwellings for the owner or employees of the AFO, or for which an appropriate easement has been obtained.

            (5)   No AFO structures which house, or are intended to house, livestock or any other contamination sources may be located within one hundred feet (100') of an existing well unless grouting or other wellhead protection approved by the appropriate state of Utah agency has been implemented.

            (6)   For a level 3 AFO, the required minimum separation distance shall increase from six hundred sixty feet (660') at the rate of one hundred feet (100') for each additional one hundred (100) animal units to a maximum of one and one-half (1.5) miles.

      7.   Consideration Of Application: The planning commission in considering and deciding a conditional use (C-1) level 2 AFO application, and the planning commission in recommending, and the county commission in considering and deciding a conditional use (C-2) level 3 AFO application, may modify the minimum separation distances, required by this section, for a level 2 AFO or level 3 AFO if it can be shown, by substantial evidence presented to the planning commission and county commission, that the purposes of this section, as provided by section 10-1-4 of this title can be secured, and the health, safety, and welfare of the citizens and businesses of Millard County is protected.

   H.   State Permits: Before the land use authority, as applicable, approves a permitted (P) use application, conditional (C-1) use application or conditional (C-2) use application to establish and/or operate any AFO, the owner shall obtain all of the necessary permits and licenses, as required by the state of Utah.

   I.   Notification: Before a land use application to establish or operate a level 3 AFO is determined complete by the county planner, the applicant shall provide evidence that the following Utah state agencies have been notified either in writing, or have been furnished a copy of the land use application:

      1.   Utah department of agriculture.

      2.   Utah department of environmental quality, division of water quality.

      3.   Utah department of environmental quality, division of air quality.

      4.   Utah department of environmental quality, division of solid and hazardous waste.

      5.   Utah department of environmental quality, division of drinking water if the AFO proposes to use a water system that would become regulated as a public drinking water system under Utah administrative code.

      6.   Central Utah public health department if the AFO proposes to use a private wastewater treatment system.

   J.   Minimum Design And Operational Requirements: In addition to minimum separation distances, the design and management practices of all AFOs can significantly influence the effects such facilities have on other land uses.

      1.   It shall be unlawful to operate any AFO without obtaining the necessary land use application approval as required by this section and this ordinance.

      2.   It shall be unlawful to operate any AFO in violation of any requirement or condition of approval or any other federal or state requirement.

      3.   It shall be unlawful to operate any AFO without the necessary state of Utah permits and licenses, or in noncompliance with such permits or licenses.

   K.   Incompatible Uses: If any non-AFO, or incompatible land use locates within the required separation distances of any AFO as set forth herein, or if any such non-AFO locates within a separation distance which the AFO would be required to maintain if it were designed for a greater number of animal units, the non-AFO may not maintain an action for nuisance or to compel the county to enforce this section with respect to the AFO. Further, the separation distance requirements for AFOs set forth in this section shall be determined at the time the AFO is permitted and shall not apply to other uses that encroach on the AFO after the AFO has been issued a valid land use permit. (Ord. 13-10-01, 10-1-2013)