This chapter and the administrative manual provide the standards and procedures for the review of applications to amend the county's land use ordinances, including applications to amend this title, including text and map amendments, a rezone (zoning districts map amendment) or official map amendment.

All Millard County land use ordinances, including this title, with the accompanying zoning districts map, is considered the county's land use laws for the purposes of land use decision making. (Ord. 12-12-04, 12-4-2012)

The BOCC is authorized as the land use authority responsible to review and approve, approve with revisions, or deny all land use ordinance amendment applications. (Ord. 12-12-04, 12-4-2012)

   A.   The procedures for the review of a land use ordinance amendment application are identified by chapter 10 of the administrative manual.

   B.   In considering a land use ordinance amendment application, the commission in formulating a recommendation, and the BOCC in deciding a land use ordinance amendment application shall consider the following factors, among others:

      1.   Consistency of the proposed amendment with the county general plan.

      2.   The effect of the proposed amendment on the well being of the county.

      3.   The effect of the proposed amendment on the public health, welfare, and safety.

      4.   The effect of the proposed amendment on the interests of the county, and its residents.

      5.   The ability of the county, and other service providers, as applicable, to provide all infrastructure, facilities, and services required by the uses and activities allowed by the proposed amendment.

      6.   Compatibility of the proposed uses and activities with nearby and adjoining properties.

      7.   The suitability of the properties for the uses and activities proposed.

      8.   The effect of the proposed amendment on the existing goals, objectives, and policies of the general plan, and listing any revisions to the county's land use ordinances, and any other ordinances and resolutions, required to implement the amendment. (Ord. 12-12-04, 12-4-2012)

The commission in making a recommendation, and the BOCC in deciding a land use amendment application, shall find that all the procedural requirements and review standards of section 10-6-3 of this chapter have been met. (Ord. 12-12-04, 12-4-2012)

The approval of a land use ordinance amendment application shall not authorize the development of land. After the BOCC has approved a land use ordinance amendment application, by ordinance, no development shall occur until the required land use application approvals have been issued by a land use authority, as applicable, consistent with the requirements of the county's land use ordinances, and other ordinances and resolutions, as applicable. (Ord. 12-12-04, 12-4-2012)

Any person aggrieved by a decision of the BOCC for any land use ordinance amendment application may appeal the decision to the appeal authority, as identified by chapter 14 of this title. (Ord. 12-12-04, 12-4-2012)

As provided by the act, the BOCC without receiving a commission recommendation and without holding a public hearing may adopt a temporary land use regulation for all or a part of the unincorporated areas of the county if the BOCC makes a finding of a compelling, countervailing public interest, or the area is unregulated. A temporary land use regulation shall comply with all requirements of the act, as applicable. (Ord. 12-12-04, 12-4-2012)

   A.   An applicant is entitled to action on a land use application by the land use authority, as applicable, in effect on the date the county planner/zoning administrator determines the application complete and all fees have been paid unless:

      1.   The land use authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the application; or

      2.   In the manner provided by this chapter, and before the land use application is filed and determined to be complete by the county planner/zoning administrator, the county has formally initiated proceedings to amend a land use ordinance, including this title, or official map, in a manner that would prohibit or otherwise affect the approval of the application, as submitted; or

      3.   The BOCC, as provided by section 10-6-7 of this chapter, has adopted a temporary land use regulation affecting the application.

   B.   A land use application approval affected by a pending land use ordinance amendment, official map amendment, or temporary land use regulation shall be subject to the following:

      1.   The application shall not be acted upon until one hundred eighty (180) days from the date when the pending land use ordinance amendment, official map amendment, or temporary land use regulation was first noticed on a commission or BOCC agenda, unless:

         a.   The applicant voluntarily agrees to amend the land use application to conform to the requirements of the pending amendment or temporary land use regulation; or

         b.   One hundred eighty (180) calendar days have passed since the amendment proceedings were initiated or the adoption of the temporary land use regulation; or

         c.   A decision concerning the proposed amendment is made sooner than one hundred eighty (180) calendar days since the amendment proceedings were initiated.

   C.   Upon a decision on a land use ordinance amendment or official map amendment application by the BOCC, all decisions for any approval, permit or license filed during the period the land use ordinance amendment or official map amendment is pending, or thereafter, shall conform to the requirements of the land use ordinance or official map, as amended.

   D.   A land use authority shall process an application without regard to proceedings initiated to amend a land use ordinance or official map if:

      1.   One hundred eighty (180) calendar days have passed since the proceedings were initiated; and

      2.   The proceedings have not resulted in an enactment that would prohibit action on the application, as submitted; or

      3.   One hundred eighty (180) calendar days have passed since the adoption of the temporary land use regulation.

   E.   An application shall be deemed "filed" when the application is determined complete by the county planner/zoning administrator and all fees have been paid.

   F.   When a proposed land use ordinance amendment or official map amendment application is pending, an application for any land use application approval, permit, or license, as required by the land use ordinances of the county, which may be affected by the proposed amendment, shall not be entitled to rely on the existing land use ordinances or official map, which may be amended. (Ord. 12-12-04, 12-4-2012)