The purpose of this chapter is to establish procedures for submittals and review of applications for land use and development activity in Millcreek and for review of all applications for land use and development activity in Millcreek.

1. Application Required. No project may be considered, reviewed, or provided any vesting rights without a complete application including payment of all applicable fees. Applications are made electronically through the Millcreek City website.
2. Plat required. Except as expressly provided for herein or in Utah Code, all divisions of land shall follow a subdivision application procedure including a final plat to be valid. Procedurally noncompliant divisions of land shall be void.
3. Additional Information. In reviewing any land use application, Millcreek and its staff may require additional information relating to an applicant's plans to ensure compliance with City ordinances and approved standards and specifications for the construction of public improvements and modifications to plans that do not meet current ordinances, applicable standards and specifications, or do not contain complete information.

1. If applicable, the expiration time frames as set forth in MKZ 18.15, Specific Procedures by Application Category and Type, may be extended one (1) time when each of the following conditions exist:
   1. The provisions of this Code expressly allow the extension;
   2. An extension request is filed in writing at least fifteen (15) days prior to the applicable expiration deadline;
   3. The extension request is in writing and must show good cause; and
   4. Unless otherwise noted, the authority to grant extensions of time shall rest with the Land Use Authority that granted the original approval being extended.
2. The Planning Director may grant up to one (1) extension for a period of up to one (1) year for good cause unless otherwise noted in this Title.
   1. “Good cause" for purposes of this section shall mean justifiable and reasonable reasons why an application did not commence in a timely manner.
   2. Examples of good causes include delays in preparing construction documents due to new information not available at the time of approval, changes in site conditions, lack of materials, financing issues, labor supply problems or similar causes not solely the result of the applicant's failure to pursue the development with due diligence.
3. Failure to make a written request for an extension request shall cause the application to automatically expire.
4. In no event may Millcreek grant more than one (1) extension for any stage or approval period. Any extension granted under this Section or any other applicable Section of the MKZ shall count toward this limit, regardless of the procedures used to obtain or grant the extension.

1. Purpose. If, after an application has been approved, it becomes necessary to modify the approved plan, minor modifications may be approved by the Planning Director. In no case may the request for modification exceed what the zone allows, to include the combined result of cumulative requests. Post-Approval Modifications for Development Agreements shall follow the process as set forth in MKZ 18.15.010 (D).
2. Minor Modifications include:
   1. Five percent (5%) or less of an increase or decrease in nonresidential floor space or to the land area covered by structures or buildings, provided the total lot or parcel coverage complies with the maximum lot or parcel coverage requirements of the applicable zone district.
   2. Minor changes in the location of streets and utilities for reasons not caused by the applicant.
   3. Five percent (5%) or less of an increase or decrease to building façade material quantities or placement, or minor changes to façade colors so long as the changes reasonably and substantially meet the intent of the original approval.
   4. Five percent (5%) or less of an increase or decrease to lighting, landscaping, fencing, screening.
3. Approval criteria include:
   1. The minor modification does not result in an increase in the approved number of dwelling units.
   2. The minor modification does not result in a change in the housing unit type.
   3. Minor modifications do not result in a change in the character of the development.
   4. The minor modification does not require additional mitigating measures to reasonably mitigate anticipated detrimental effects of the proposed use.
4. Minor Modifications for a Site Plan. If after an application has been approved, and needed modifications exceed those permitted in a minor modification, a minor site plan amendment application shall be submitted subject to the requirements as set forth in MKZ 18.15.030 (D). A new site plan shall be required if changes are not permissible under the Minor Site Plan Amendments criteria in this Section.
5. Any Modifications Not Minor. In the event that any major changes are proposed, including changes exceeding the limits set forth in subsection B above, the Planning Director may require the application be reconsidered with respect to the modified portions. Major changes include, without limitation, any increase in the number or density of proposed lots, changes to the unit types or count, or other changes deemed material or significant by the Planning Director.

Following denial of an application for a legislative approval, the City Council may not decide on the same or substantially the same application within one (1) year of the date of denial. The City Council may waive the waiting period required by this Section, provided the applicant shows good cause for a waiver and submits a request for a waiver in writing to the City Council.

The Application Procedures are organized as follows:

18.13 Land Use Authority Designations and Application Procedures in General 18.14 Land Use Application Steps 18.15 Specific Procedures by Application Category and Type