Millcreek City Zoning Code

18.13 LAND

USE AUTHORITY DESIGNATIONS AND GENERAL APPLICATION PROCEDURES

18.13.010 Application Categories And Land Use Authority Designations

The Land Use Authority is a person, board, commission, or body designated by Millcreek to act upon a land use application.
Millcreek hereby designates land use authorities by application type, as set forth in Table 18.13-1, Land Use Authority Designations.
Depending on the nature of the Land Use Authority designated to act on a land use application, land use applications fall into two categories: Legislative Decisions and Administrative Decisions.
1. Legislative decisions are discretionary and include those application types listed in Table 18.13-1 that the City Council makes upon receiving a recommendation from the Planning Commission where applicable.
2. Administrative Decisions consist of all other development approvals and include those application types listed in Table 18.13-1 that are made by the Planning Commission, Planning Director, or Land Use Hearing Officer. Administrative decisions are subject to the appropriate standards of review and shall be made based on findings of fact.

Table 18.13-1 Land Use Authority Designations
Application Type	Land Use Authority Designation
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	City Council
Land Use Code Text Amendment	City Council
Zoning Map Amendment	City Council
Development Agreement	City Council
*Administrative Decisions – Subdivisions*
Minor Subdivision	Planning Director
Major Subdivision Preliminary Approval	Planning Commission
Major Subdivision Final Approval	Planning Director
Subdivision Amendment for Minor Plat Adjustments	Planning Director
Boundary Line Adjustment	Planning Director
Vacating a Subdivision Plat – Minor Subdivision	Planning Director
Vacating a Subdivision Plat – Major Subdivision	Planning Commission
Vacating a Subdivision Plat – By Ordinance	City Council
Public Street or Municipal Utility Easement Vacation	City Council
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	Planning Commission
Site Plan Approval for Permitted Uses	Planning Director
Change of Use Permit	Planning Director
Minor Site Plan Amendment	Planning Director
Compliance Determination for an Accessory Dwelling Unit	Planning Director
Reasonable Accommodation for a Residential Facility for Persons With a Disability	Planning Director
Eligible Facility Request for a Wireless Telecommunications Facility	Planning Director
Sign Permit	Planning Director
Temporary Use Permit	Planning Director
Classification Request Determination	Planning Director
Classification Request Determination Review	City Council
Administrative Decisions – Nonconformities and Variances
Nonconformities Determination	Planning Director
Expansion or Enlargement of a Noncomplying Structure	Land Use Hearing Officer
Variances	Land Use Hearing Officer

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.020 Designation Of Recommending Bodies And The Role Of Staff In Application Reviews

Millcreek also establishes the roles of recommending bodies to make recommendations on certain land use application types, as set forth in Table 18.13-2, Roles of Recommending Bodies by Application Type. No recommendation is required for application types not listed in Table 18.13-2.
Millcreek Staff shall review all applications for completeness and substantial compliance with relevant requirements and may provide recommendations on Land Use Applications before the applicable Land Use Authority.

Table 18.13-2 Roles of Recommending Bodies by Application Type
Application Type	Planning Commission
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	Recommendation
Land Use Code Text Amendment	Recommendation
Zoning Map Amendment	Recommendation
Development Agreement	Recommendation
Public Street or Municipal Utility Easement Vacation	Recommendation
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	N/A
Classification Request Determination Review	Recommendation

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.030 Appeal Authorities

Appeals from decisions where the Land Use Authority is the City Council, except for Classification Request Determination Reviews, or the Land Use Hearing Officer must be filed within 30 days of a final decision to the Third District Court of Utah.
Appeals from decisions where the Land Use Authority is the Planning Commission or the Planning Director must be filed within seven (7) days of a final decision to the Land Use Appeal Authority.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.040 Submittal Requirements In General

The following submittal requirements apply to each application type described in this Title. Additional requirements are established for each application type as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. An application must be submitted on a form approved by the Planning and Zoning Department.
2. A Checklist for each application type must be submitted with complete materials as specified on the applicable Checklist.
3. An application fee for each application type must be paid in full as set forth in the Consolidated Fee Schedule.
Persons filing a Land Use Application shall follow the procedures for each application type in the sequence as set forth in MKZ 18.15, Specific Procedures by Application Category and Type. A Description of each application step is set forth in MKZ 18.14, Land Use Application Steps.
Application review and scheduling of any required formal public engagement shall only take place after the Planning Director deems an application complete, following the standards set forth in MKZ 18.14.050 for regular residential subdivisions and in MKZ 18.14.060 for all other applications.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.050 Formal Public Engagement Requirements

Certain application types require Formal Public Engagement, including a Public Meeting or a Public Hearing. The type of public engagement applicable to each application type is set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Section 52-4-101 et seq., Open and Public Meetings Act. All land use decisions made by the City Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria apply to public meetings:
  1. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take public comment from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Director, Planning Commission or City Council shall be present at the public meeting.
  3. The applicant shall present evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.
2. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall public comment be received, until all notice procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria is applicable to public hearings:
  1. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Commission or City Council shall be present at the hearing.
  3. The applicant shall present evidence sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence.
Continuances. For Administrative Decisions, the Land Use Authority may allow up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence supporting the application.
1. If an application is continued to a date certain so that the Land Use Authority can receive additional information, then notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required.
2. If an application is not continued to a certain date, it requires re-notification following the procedure set forth in MKZ 18.13.060, Public Notice Requirements.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.060 Public Notice Requirements

Public Notices are required to inform the public about an application’s relevant proceedings. The public notice requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application.
The Land Use Authority, as set forth in Table 18.13-1, shall schedule and hold any required public hearing or public meeting according to the provisions of this Land Use Code and State Statute. Where applicable, the notice shall include the date and time of the meeting of the appropriate recommending body. This section describes the general notice procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.15, Specific Procedures by Application Category and Type.
Table 18.13-3, Noticing Summary, summarizes the various noticing requirements for each application type. The specific noticing requirements of each application type are more fully described in MKZ 18.15, Specific Procedures by Application Category and Type.
Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18.13-3, Noticing Summary shall follow the requirements of Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act, and these procedures unless otherwise noted in in MKZ 18.15, Specific Procedures by Application Category and Type.
Millcreek will mail notices for any application requiring a public meeting or public hearing. The applicant is responsible for the mailing expenses as set forth in the Consolidated Fee Schedule.
1. Mailed notices shall follow the requirements of Utah Code Section 10-9a-205, Notice of public hearings and public meetings on adoption or modification of land use regulation.
2. Mailed notices shall be sent to each owner of record of real property whose property is located partially or entirely within the mailed noticing distance as set forth in Table 18.13-3, unless otherwise set forth in this Title.
3. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information.
Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.13-3 Noticing Summary, shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek shall post notification signage on the subject property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
2. The notice shall be posted a minimum of five (5) days prior to the first Formal Public Engagement on the item and shall remain posted on sight until after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall promptly notify the Planning Director within one business day, and the City shall replace the notice within one business day thereafter.
3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and Formal Public Engagement schedule.
Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.13-3 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than 24 hours prior to the first Formal Public Engagement on the item.
2. Millcreek is responsible for posting notice to the Utah Public Notice Website created by Utah Code Section 63A-16-601 no later than ten (10) days prior to the first public meeting or hearing on the item.

Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least twenty-four (24) hours prior to a public hearing or a public meeting.

Timeframes for Mailed Notice and Notice Sign shall be based on calendar days prior to the first Formal Public Engagement.
Timeframes for Posting on the Millcreek Website and Utah Public Notice shall be based on calendar days prior to the first Formal Public Engagement.

Timeframes for Hard Copy of Notice are based on hours prior to the first formal Public Engagement.

Table 18.13-3 Noticing Summary
Application Type	Mailed Notice	Mailed Notice Distance (from boundaries of subject property)	Notice Sign (on subject property)	Posting On Millcreek Website and Utah Public Notice Website	Hard Copy of Notice
Legislative Decisions
General Plan / Future Land Use Map Adoption or Amendment (1)(2)	21	600 feet from subject property for Future Land Use Map Amendments	21	10	24 hours
Land Use Code Text Amendment (1)(2)	21	N/A		10	24 hours
Zoning Map Amendment (1)(2)	21	600 feet from subject property	21	10	24 hours
Zoning Map Amendments -Adoption and Amendments of Village Center Special Districts (1)(2)	21	600 feet from the boundary of the Village Center as designated on the Future Land Use Map of the Millcreek General Plan	21	10	24 hours
Public Street or Municipal Utility Easement Vacation (2)	21	Each property that is accessed by the public street or municipal utility easement	21	10	24 hours
Administrative Decisions - Subdivisions
Minor Subdivision	21	300 feet from subject property	21	7	24 hours
Major Subdivision- Preliminary	21	300 feet from subject property	21	7	24 hours
Subdivision Amendment (2)	21	Affected Property Owners Within a Subdivision	21	7	24 hours
Vacating a Subdivision Plat	21	300 Feet from subject property	21	7	24 hours
Administrative Decisions – Other Land Use Decisions
Conditional Use Permit	7	300 Feet from subject property	5	7	24 hours
Administrative Decisions – Nonconformities and Variances
Expansion of a Noncompliant Structure or a Structure Containing a nonconforming use	10	300 Feet from subject property	5	7	24 hours

Table 18.13-3 Notes
1. The Planning Director shall determine if an application is ministerial in nature. If the Planning Director determines that the application is not ministerial in nature, notice shall be provided to the area directly affected by the land use ordinance change.
2. These application types require affected entities to be notified.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

25-12

26-07

Millcreek City Zoning Code

18.13 LAND

USE AUTHORITY DESIGNATIONS AND GENERAL APPLICATION PROCEDURES

18.13.010 Application Categories And Land Use Authority Designations

The Land Use Authority is a person, board, commission, or body designated by Millcreek to act upon a land use application.
Millcreek hereby designates land use authorities by application type, as set forth in Table 18.13-1, Land Use Authority Designations.
Depending on the nature of the Land Use Authority designated to act on a land use application, land use applications fall into two categories: Legislative Decisions and Administrative Decisions.
1. Legislative decisions are discretionary and include those application types listed in Table 18.13-1 that the City Council makes upon receiving a recommendation from the Planning Commission where applicable.
2. Administrative Decisions consist of all other development approvals and include those application types listed in Table 18.13-1 that are made by the Planning Commission, Planning Director, or Land Use Hearing Officer. Administrative decisions are subject to the appropriate standards of review and shall be made based on findings of fact.

Table 18.13-1 Land Use Authority Designations
Application Type	Land Use Authority Designation
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	City Council
Land Use Code Text Amendment	City Council
Zoning Map Amendment	City Council
Development Agreement	City Council
*Administrative Decisions – Subdivisions*
Minor Subdivision	Planning Director
Major Subdivision Preliminary Approval	Planning Commission
Major Subdivision Final Approval	Planning Director
Subdivision Amendment for Minor Plat Adjustments	Planning Director
Boundary Line Adjustment	Planning Director
Vacating a Subdivision Plat – Minor Subdivision	Planning Director
Vacating a Subdivision Plat – Major Subdivision	Planning Commission
Vacating a Subdivision Plat – By Ordinance	City Council
Public Street or Municipal Utility Easement Vacation	City Council
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	Planning Commission
Site Plan Approval for Permitted Uses	Planning Director
Change of Use Permit	Planning Director
Minor Site Plan Amendment	Planning Director
Compliance Determination for an Accessory Dwelling Unit	Planning Director
Reasonable Accommodation for a Residential Facility for Persons With a Disability	Planning Director
Eligible Facility Request for a Wireless Telecommunications Facility	Planning Director
Sign Permit	Planning Director
Temporary Use Permit	Planning Director
Classification Request Determination	Planning Director
Classification Request Determination Review	City Council
Administrative Decisions – Nonconformities and Variances
Nonconformities Determination	Planning Director
Expansion or Enlargement of a Noncomplying Structure	Land Use Hearing Officer
Variances	Land Use Hearing Officer

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.020 Designation Of Recommending Bodies And The Role Of Staff In Application Reviews

Millcreek also establishes the roles of recommending bodies to make recommendations on certain land use application types, as set forth in Table 18.13-2, Roles of Recommending Bodies by Application Type. No recommendation is required for application types not listed in Table 18.13-2.
Millcreek Staff shall review all applications for completeness and substantial compliance with relevant requirements and may provide recommendations on Land Use Applications before the applicable Land Use Authority.

Table 18.13-2 Roles of Recommending Bodies by Application Type
Application Type	Planning Commission
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	Recommendation
Land Use Code Text Amendment	Recommendation
Zoning Map Amendment	Recommendation
Development Agreement	Recommendation
Public Street or Municipal Utility Easement Vacation	Recommendation
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	N/A
Classification Request Determination Review	Recommendation

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.030 Appeal Authorities

Appeals from decisions where the Land Use Authority is the City Council, except for Classification Request Determination Reviews, or the Land Use Hearing Officer must be filed within 30 days of a final decision to the Third District Court of Utah.
Appeals from decisions where the Land Use Authority is the Planning Commission or the Planning Director must be filed within seven (7) days of a final decision to the Land Use Appeal Authority.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.040 Submittal Requirements In General

The following submittal requirements apply to each application type described in this Title. Additional requirements are established for each application type as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. An application must be submitted on a form approved by the Planning and Zoning Department.
2. A Checklist for each application type must be submitted with complete materials as specified on the applicable Checklist.
3. An application fee for each application type must be paid in full as set forth in the Consolidated Fee Schedule.
Persons filing a Land Use Application shall follow the procedures for each application type in the sequence as set forth in MKZ 18.15, Specific Procedures by Application Category and Type. A Description of each application step is set forth in MKZ 18.14, Land Use Application Steps.
Application review and scheduling of any required formal public engagement shall only take place after the Planning Director deems an application complete, following the standards set forth in MKZ 18.14.050 for regular residential subdivisions and in MKZ 18.14.060 for all other applications.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.050 Formal Public Engagement Requirements

Certain application types require Formal Public Engagement, including a Public Meeting or a Public Hearing. The type of public engagement applicable to each application type is set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Section 52-4-101 et seq., Open and Public Meetings Act. All land use decisions made by the City Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria apply to public meetings:
  1. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take public comment from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Director, Planning Commission or City Council shall be present at the public meeting.
  3. The applicant shall present evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.
2. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall public comment be received, until all notice procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria is applicable to public hearings:
  1. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Commission or City Council shall be present at the hearing.
  3. The applicant shall present evidence sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence.
Continuances. For Administrative Decisions, the Land Use Authority may allow up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence supporting the application.
1. If an application is continued to a date certain so that the Land Use Authority can receive additional information, then notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required.
2. If an application is not continued to a certain date, it requires re-notification following the procedure set forth in MKZ 18.13.060, Public Notice Requirements.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.060 Public Notice Requirements

Public Notices are required to inform the public about an application’s relevant proceedings. The public notice requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application.
The Land Use Authority, as set forth in Table 18.13-1, shall schedule and hold any required public hearing or public meeting according to the provisions of this Land Use Code and State Statute. Where applicable, the notice shall include the date and time of the meeting of the appropriate recommending body. This section describes the general notice procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.15, Specific Procedures by Application Category and Type.
Table 18.13-3, Noticing Summary, summarizes the various noticing requirements for each application type. The specific noticing requirements of each application type are more fully described in MKZ 18.15, Specific Procedures by Application Category and Type.
Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18.13-3, Noticing Summary shall follow the requirements of Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act, and these procedures unless otherwise noted in in MKZ 18.15, Specific Procedures by Application Category and Type.
Millcreek will mail notices for any application requiring a public meeting or public hearing. The applicant is responsible for the mailing expenses as set forth in the Consolidated Fee Schedule.
1. Mailed notices shall follow the requirements of Utah Code Section 10-9a-205, Notice of public hearings and public meetings on adoption or modification of land use regulation.
2. Mailed notices shall be sent to each owner of record of real property whose property is located partially or entirely within the mailed noticing distance as set forth in Table 18.13-3, unless otherwise set forth in this Title.
3. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information.
Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.13-3 Noticing Summary, shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek shall post notification signage on the subject property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
2. The notice shall be posted a minimum of five (5) days prior to the first Formal Public Engagement on the item and shall remain posted on sight until after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall promptly notify the Planning Director within one business day, and the City shall replace the notice within one business day thereafter.
3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and Formal Public Engagement schedule.
Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.13-3 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than 24 hours prior to the first Formal Public Engagement on the item.
2. Millcreek is responsible for posting notice to the Utah Public Notice Website created by Utah Code Section 63A-16-601 no later than ten (10) days prior to the first public meeting or hearing on the item.

Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least twenty-four (24) hours prior to a public hearing or a public meeting.

Timeframes for Mailed Notice and Notice Sign shall be based on calendar days prior to the first Formal Public Engagement.
Timeframes for Posting on the Millcreek Website and Utah Public Notice shall be based on calendar days prior to the first Formal Public Engagement.

Timeframes for Hard Copy of Notice are based on hours prior to the first formal Public Engagement.

Table 18.13-3 Noticing Summary
Application Type	Mailed Notice	Mailed Notice Distance (from boundaries of subject property)	Notice Sign (on subject property)	Posting On Millcreek Website and Utah Public Notice Website	Hard Copy of Notice
Legislative Decisions
General Plan / Future Land Use Map Adoption or Amendment (1)(2)	21	600 feet from subject property for Future Land Use Map Amendments	21	10	24 hours
Land Use Code Text Amendment (1)(2)	21	N/A		10	24 hours
Zoning Map Amendment (1)(2)	21	600 feet from subject property	21	10	24 hours
Zoning Map Amendments -Adoption and Amendments of Village Center Special Districts (1)(2)	21	600 feet from the boundary of the Village Center as designated on the Future Land Use Map of the Millcreek General Plan	21	10	24 hours
Public Street or Municipal Utility Easement Vacation (2)	21	Each property that is accessed by the public street or municipal utility easement	21	10	24 hours
Administrative Decisions - Subdivisions
Minor Subdivision	21	300 feet from subject property	21	7	24 hours
Major Subdivision- Preliminary	21	300 feet from subject property	21	7	24 hours
Subdivision Amendment (2)	21	Affected Property Owners Within a Subdivision	21	7	24 hours
Vacating a Subdivision Plat	21	300 Feet from subject property	21	7	24 hours
Administrative Decisions – Other Land Use Decisions
Conditional Use Permit	7	300 Feet from subject property	5	7	24 hours
Administrative Decisions – Nonconformities and Variances
Expansion of a Noncompliant Structure or a Structure Containing a nonconforming use	10	300 Feet from subject property	5	7	24 hours

Table 18.13-3 Notes
1. The Planning Director shall determine if an application is ministerial in nature. If the Planning Director determines that the application is not ministerial in nature, notice shall be provided to the area directly affected by the land use ordinance change.
2. These application types require affected entities to be notified.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

25-12

26-07

Millcreek City Zoning Code

18.13 LAND

USE AUTHORITY DESIGNATIONS AND GENERAL APPLICATION PROCEDURES

18.13.010 Application Categories And Land Use Authority Designations

The Land Use Authority is a person, board, commission, or body designated by Millcreek to act upon a land use application.
Millcreek hereby designates land use authorities by application type, as set forth in Table 18.13-1, Land Use Authority Designations.
Depending on the nature of the Land Use Authority designated to act on a land use application, land use applications fall into two categories: Legislative Decisions and Administrative Decisions.
1. Legislative decisions are discretionary and include those application types listed in Table 18.13-1 that the City Council makes upon receiving a recommendation from the Planning Commission where applicable.
2. Administrative Decisions consist of all other development approvals and include those application types listed in Table 18.13-1 that are made by the Planning Commission, Planning Director, or Land Use Hearing Officer. Administrative decisions are subject to the appropriate standards of review and shall be made based on findings of fact.

Table 18.13-1 Land Use Authority Designations
Application Type	Land Use Authority Designation
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	City Council
Land Use Code Text Amendment	City Council
Zoning Map Amendment	City Council
Development Agreement	City Council
*Administrative Decisions – Subdivisions*
Minor Subdivision	Planning Director
Major Subdivision Preliminary Approval	Planning Commission
Major Subdivision Final Approval	Planning Director
Subdivision Amendment for Minor Plat Adjustments	Planning Director
Boundary Line Adjustment	Planning Director
Vacating a Subdivision Plat – Minor Subdivision	Planning Director
Vacating a Subdivision Plat – Major Subdivision	Planning Commission
Vacating a Subdivision Plat – By Ordinance	City Council
Public Street or Municipal Utility Easement Vacation	City Council
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	Planning Commission
Site Plan Approval for Permitted Uses	Planning Director
Change of Use Permit	Planning Director
Minor Site Plan Amendment	Planning Director
Compliance Determination for an Accessory Dwelling Unit	Planning Director
Reasonable Accommodation for a Residential Facility for Persons With a Disability	Planning Director
Eligible Facility Request for a Wireless Telecommunications Facility	Planning Director
Sign Permit	Planning Director
Temporary Use Permit	Planning Director
Classification Request Determination	Planning Director
Classification Request Determination Review	City Council
Administrative Decisions – Nonconformities and Variances
Nonconformities Determination	Planning Director
Expansion or Enlargement of a Noncomplying Structure	Land Use Hearing Officer
Variances	Land Use Hearing Officer

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.020 Designation Of Recommending Bodies And The Role Of Staff In Application Reviews

Millcreek also establishes the roles of recommending bodies to make recommendations on certain land use application types, as set forth in Table 18.13-2, Roles of Recommending Bodies by Application Type. No recommendation is required for application types not listed in Table 18.13-2.
Millcreek Staff shall review all applications for completeness and substantial compliance with relevant requirements and may provide recommendations on Land Use Applications before the applicable Land Use Authority.

Table 18.13-2 Roles of Recommending Bodies by Application Type
Application Type	Planning Commission
Legislative Decisions
General Plan and Future Land Use Map Adoption and Amendment	Recommendation
Land Use Code Text Amendment	Recommendation
Zoning Map Amendment	Recommendation
Development Agreement	Recommendation
Public Street or Municipal Utility Easement Vacation	Recommendation
*Administrative Decisions – Other Land Use Decisions*
Conditional Use Permit	N/A
Classification Request Determination Review	Recommendation

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.030 Appeal Authorities

Appeals from decisions where the Land Use Authority is the City Council, except for Classification Request Determination Reviews, or the Land Use Hearing Officer must be filed within 30 days of a final decision to the Third District Court of Utah.
Appeals from decisions where the Land Use Authority is the Planning Commission or the Planning Director must be filed within seven (7) days of a final decision to the Land Use Appeal Authority.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.040 Submittal Requirements In General

The following submittal requirements apply to each application type described in this Title. Additional requirements are established for each application type as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. An application must be submitted on a form approved by the Planning and Zoning Department.
2. A Checklist for each application type must be submitted with complete materials as specified on the applicable Checklist.
3. An application fee for each application type must be paid in full as set forth in the Consolidated Fee Schedule.
Persons filing a Land Use Application shall follow the procedures for each application type in the sequence as set forth in MKZ 18.15, Specific Procedures by Application Category and Type. A Description of each application step is set forth in MKZ 18.14, Land Use Application Steps.
Application review and scheduling of any required formal public engagement shall only take place after the Planning Director deems an application complete, following the standards set forth in MKZ 18.14.050 for regular residential subdivisions and in MKZ 18.14.060 for all other applications.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.13.050 Formal Public Engagement Requirements

Certain application types require Formal Public Engagement, including a Public Meeting or a Public Hearing. The type of public engagement applicable to each application type is set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Section 52-4-101 et seq., Open and Public Meetings Act. All land use decisions made by the City Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria apply to public meetings:
  1. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take public comment from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Director, Planning Commission or City Council shall be present at the public meeting.
  3. The applicant shall present evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.
2. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall public comment be received, until all notice procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria is applicable to public hearings:
  1. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance.
  2. The applicant or their designated agent whose application is before the Planning Commission or City Council shall be present at the hearing.
  3. The applicant shall present evidence sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence.
Continuances. For Administrative Decisions, the Land Use Authority may allow up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence supporting the application.
1. If an application is continued to a date certain so that the Land Use Authority can receive additional information, then notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required.
2. If an application is not continued to a certain date, it requires re-notification following the procedure set forth in MKZ 18.13.060, Public Notice Requirements.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.13.060 Public Notice Requirements

Public Notices are required to inform the public about an application’s relevant proceedings. The public notice requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application.
The Land Use Authority, as set forth in Table 18.13-1, shall schedule and hold any required public hearing or public meeting according to the provisions of this Land Use Code and State Statute. Where applicable, the notice shall include the date and time of the meeting of the appropriate recommending body. This section describes the general notice procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.15, Specific Procedures by Application Category and Type.
Table 18.13-3, Noticing Summary, summarizes the various noticing requirements for each application type. The specific noticing requirements of each application type are more fully described in MKZ 18.15, Specific Procedures by Application Category and Type.
Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18.13-3, Noticing Summary shall follow the requirements of Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act, and these procedures unless otherwise noted in in MKZ 18.15, Specific Procedures by Application Category and Type.
Millcreek will mail notices for any application requiring a public meeting or public hearing. The applicant is responsible for the mailing expenses as set forth in the Consolidated Fee Schedule.
1. Mailed notices shall follow the requirements of Utah Code Section 10-9a-205, Notice of public hearings and public meetings on adoption or modification of land use regulation.
2. Mailed notices shall be sent to each owner of record of real property whose property is located partially or entirely within the mailed noticing distance as set forth in Table 18.13-3, unless otherwise set forth in this Title.
3. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information.
Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.13-3 Noticing Summary, shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek shall post notification signage on the subject property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
2. The notice shall be posted a minimum of five (5) days prior to the first Formal Public Engagement on the item and shall remain posted on sight until after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall promptly notify the Planning Director within one business day, and the City shall replace the notice within one business day thereafter.
3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and Formal Public Engagement schedule.
Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.13-3 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than 24 hours prior to the first Formal Public Engagement on the item.
2. Millcreek is responsible for posting notice to the Utah Public Notice Website created by Utah Code Section 63A-16-601 no later than ten (10) days prior to the first public meeting or hearing on the item.

Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least twenty-four (24) hours prior to a public hearing or a public meeting.

Timeframes for Mailed Notice and Notice Sign shall be based on calendar days prior to the first Formal Public Engagement.
Timeframes for Posting on the Millcreek Website and Utah Public Notice shall be based on calendar days prior to the first Formal Public Engagement.

Timeframes for Hard Copy of Notice are based on hours prior to the first formal Public Engagement.

Table 18.13-3 Noticing Summary
Application Type	Mailed Notice	Mailed Notice Distance (from boundaries of subject property)	Notice Sign (on subject property)	Posting On Millcreek Website and Utah Public Notice Website	Hard Copy of Notice
Legislative Decisions
General Plan / Future Land Use Map Adoption or Amendment (1)(2)	21	600 feet from subject property for Future Land Use Map Amendments	21	10	24 hours
Land Use Code Text Amendment (1)(2)	21	N/A		10	24 hours
Zoning Map Amendment (1)(2)	21	600 feet from subject property	21	10	24 hours
Zoning Map Amendments -Adoption and Amendments of Village Center Special Districts (1)(2)	21	600 feet from the boundary of the Village Center as designated on the Future Land Use Map of the Millcreek General Plan	21	10	24 hours
Public Street or Municipal Utility Easement Vacation (2)	21	Each property that is accessed by the public street or municipal utility easement	21	10	24 hours
Administrative Decisions - Subdivisions
Minor Subdivision	21	300 feet from subject property	21	7	24 hours
Major Subdivision- Preliminary	21	300 feet from subject property	21	7	24 hours
Subdivision Amendment (2)	21	Affected Property Owners Within a Subdivision	21	7	24 hours
Vacating a Subdivision Plat	21	300 Feet from subject property	21	7	24 hours
Administrative Decisions – Other Land Use Decisions
Conditional Use Permit	7	300 Feet from subject property	5	7	24 hours
Administrative Decisions – Nonconformities and Variances
Expansion of a Noncompliant Structure or a Structure Containing a nonconforming use	10	300 Feet from subject property	5	7	24 hours

Table 18.13-3 Notes
1. The Planning Director shall determine if an application is ministerial in nature. If the Planning Director determines that the application is not ministerial in nature, notice shall be provided to the area directly affected by the land use ordinance change.
2. These application types require affected entities to be notified.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026