Millcreek City Zoning Code

18.14 LAND

USE APPLICATION STEPS

18.14.010 Pre-Application Consultation

Purpose. The purpose of a pre-application consultation is to engage Millcreek staff for a no-fee, no-commitment consultation to discuss the applicant’s concept and to learn about Millcreek’s procedures.
Applicability. An applicant may request a pre-application consultation with the Planning Director prior to submitting any application. If a pre-application consultation is required, an application may not be accepted until after the pre-application consultation is completed. For purposes of Regular Residential Subdivisions, the pre-application consultation is a pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within 15 business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or receiving a written request for the pre-application consultation, and any required fees are paid.
3. An applicant is entitled to one pre-application consultation free of charge. Additional pre-application consultations may be subject to payment of a fee as set forth in the Consolidated Fee Schedule.
The informal evaluation of the application is not binding upon the applicant or Millcreek and does not constitute a pre-application meeting under Utah Code Section 10-9a-604.1.
After completing a pre-application consultation, the associated application must be filed within six (6) months. If an application is not filed within such a timeframe, a new pre-application consultation may be required prior to filing an application, as determined by the Planning Director.

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Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.14.020 Concept Review

Purpose. A concept review is a more formal process intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to identify any potential issues the applicant may wish to address prior to application submittal.
Applicability. An applicant may request a concept review from the Planning Director prior to submitting any application. If an application type requires a concept review as set forth in MKZ 18.15, Specific Procedures by Application Category and Type, the concept review must be completed prior to submission. For purposes of Regular Residential Subdivisions, the concept review is an alternative pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within fifteen (15) business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director and appropriate attendees shall discuss the proposed development at the concept review meeting based on the information provided by the applicant.
3. The Planning Director shall make available at or prior to the concept review meeting copies of applicable land use regulations, a complete list of standards, and preliminary and final application checklists. The Planning Director shall issue written notes to the applicant regarding the concept review within seven (7) days of the meeting.
Multiple Meetings. If the concept plan changes in scope, intensity, or layout, applicants may request additional concept reviews prior to submission. Additional concept review meetings at the applicant’s request shall be subject to payment of an additional fee as set forth in the Consolidated Fee Schedule.

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

18.14.030 Neighborhood Meeting

Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, help solicit neighborhood input on land use application, to provide any additional local information, and give the applicant an opportunity to address any relevant neighborhood concerns prior to submission.
Applicability. A neighborhood meeting for relevant application types is required, as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following:
1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements.
2. The applicant shall mail notice to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements via First Class Mail at least one week prior to the neighborhood meeting.
3. The neighborhood meeting shall be conducted at a location within Millcreek, which is commonly open to the public.
4. Phone calls or informal door-to-door contacts shall not constitute a neighborhood meeting.
5. The record of a neighborhood meeting shall be submitted with the application and shall include:
  1. A list of all individuals who were notified;
  2. A roster of attendees; and
  3. A statement summarizing the topics discussed at the meeting.

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

18.14.050 Application Completeness And Compliance Review For Regular Residential Subdivisions

Purpose. The purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. The purpose of compliance review is to ensure that all submitted materials and the application comply with all applicable requirements of MKZ.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to applications for Regular Residential Subdivisions, both minor and major.
Timing. The Planning Director shall complete the initial review of a complete subdivision application, provided it satisfies the completeness criteria set forth below for ordinance review for Major or Minor Subdivisions, no later than 15 business days after the application is submitted.
Subdivision Plan Review.
1. The Planning Director shall complete a subdivision plan review, including the steps outlined in MKZ 18.14.070 that do not conflict with this Section, of a subdivision improvement plan submitted with a complete subdivision application for a Major or Minor Subdivision within 20 business days after the complete subdivision application is submitted.
2. In reviewing a subdivision application, the Planning Director 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.
3. Upon completion of the subdivision plan review, the Planning Director shall provide written review comments which may include a request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions.
4. If the applicant does not submit a revised subdivision improvement plan within 20 business days after Millcreek requires a modification or correction, then the City has an additional 20 business days to respond to a revised subdivision improvement plan.
5. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is incomplete, and the subsequent review cycle may not begin until all comments are addressed.
6. Millcreek may not require more than four review cycles as described in subsections 1 through 5 for a subdivision improvement plan review.
7. If the applicant makes a material change to a subdivision improvement plan, the City may, in its discretion, restart the review process at the first review of the subdivision improvement plan review for the portion of the subdivision improvement plan that the material change substantively affects.
Appeal from Subdivision Improvement Plans. For a dispute arising from the subdivision improvement plans, an appeal from Millcreek’s final decision shall be made in accordance with Utah Code Section 10-9a-604.2.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least 30 days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than 30 days prior to a public meeting or hearing.

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

18.14.060 Application Completeness Review For All Other Applications

Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to all applications other than those for Regular Residential Subdivisions.
Timing. The Planning Director shall make a determination of application completion within fifteen (15) business days after the application is submitted.
Complete Submittals. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code.
Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall notify the applicant and explain the deficiencies of the application. The application will not be processed further, and a new submittal with the corrected materials will be required.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting or hearing.

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

18.14.070 Application Compliance Review For All Other Applications

Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code and other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant.
Applicability. All applications deemed complete are subject to full review by the Planning Director and other relevant reviewing authorities. This Section applies to all applications other than those for Regular Residential Subdivisions.
Procedure.
1. The Planning Director will review the application and determine if it meets the standards of the Millcreek Code. If adjustments are needed to obtain approval, these will be communicated to the applicant in writing. The applicant will then have the opportunity to amend the application and resubmit it for subsequent review.
2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director.
3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions.
4. After the Planning Director determines that the application meets all applicable standards, the Planning Director shall schedule the first public meeting or public hearing, if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code.
5. If the Planning Director is the Land Use Authority, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code.
6. No application may be scheduled for a public meeting or public hearing without a review for compliance with the Code and applicable regulations.
7. When the City utilizes a third party review for technical documents or studies, a fee shall be assessed for the additional review as paid by applicant. Such costs shall be based on an estimate provided by the third-party reviewer of the City’s choosing and paid for in advance by a deposit by the applicant or developer. Unused funds shall be returned to the applicant, without interest. Such studies or peer reviews may be required for any application identified to be in sensitive lands.

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

18.14.080 Public Notice

Purpose. Certain application types require public notice to inform the public about the applicant’s relevant proceedings of an applicant and allow the public to participate in a Formal Public Engagement as required.
Applicability. Public notice is required for the application types listed in table 18.13-3, Noticing Summary, or as set forth elsewhere in this Title. The Planning Director shall prepare public notices after a complete and accurate application has been reviewed by the Planning Director for compliance with applicable requirements.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.090 Formal Public Engagement

Purpose. Formal Public Engagement is required for certain application types so that the public can participate in the proceedings public bodies that make recommendations or decisions on land use applications.
Applicability. Formal Public Engagement is required for the application types listed in Table 18.13-3 Noticing Summary, or as set forth elsewhere in this Title.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.100 Decision And Findings

Decision. After considering the land use application, the staff report, comments from other reviewers (if applicable), and the evidence obtained from a Formal Public Engagement Process, the Land Use Authority shall approve, approve with conditions, or deny the application. For Administrative Decisions, approvals must be based on applicable criteria.
Approval criteria. To approve a land use application involving an administrative decision, the applicable Land Use Authority shall find that the land use application has satisfied and followed the applicable requirements of this Land Use Code and all of the approval criteria required for the applicable application.
Denial. The Land Use Authority may only accept an application for an Administrative Decision if the request meets the requirements of this Code or other relevant ordinances or statutes. An application for a Legislative Decision may be denied at the discretion of the Land Use Authority.
Findings. For all Administrative Decisions or as required by state law, decisions shall include at least the following elements:
1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and
2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code.
Final Action. The Land Use Authority will give applicants a written decision, which the Planning Director will provide to the applicant within fifteen (15) days after the decision.
Failure to Act on Legislative Decisions. If the Planning Commission, as the recommending authority for legislative actions including amendments to land use regulations, fails to make a recommendation to the City Council on an application after a reasonable time period to consider an application for a legislative decision, then this failure may be considered by the City Council as a negative recommendation and the City Council may take action accordingly. Nothing in this section and no inaction of Millcreek relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. For the purposes of this section, a reasonable period of time to consider an application for a legislative decision is either:
1. 60 calendar days from the date the Land Use Authority could have acted on the application as an agenda item, or
2. after the third public meeting from which action on the application was tabled by the Planning Commission.
Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within 45 days of receipt of a written request, this failure may be appealed to the Land Use Appeal Authority within 30 of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations.

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

25-12

26-07

Millcreek City Zoning Code

18.14 LAND

USE APPLICATION STEPS

18.14.010 Pre-Application Consultation

Purpose. The purpose of a pre-application consultation is to engage Millcreek staff for a no-fee, no-commitment consultation to discuss the applicant’s concept and to learn about Millcreek’s procedures.
Applicability. An applicant may request a pre-application consultation with the Planning Director prior to submitting any application. If a pre-application consultation is required, an application may not be accepted until after the pre-application consultation is completed. For purposes of Regular Residential Subdivisions, the pre-application consultation is a pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within 15 business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or receiving a written request for the pre-application consultation, and any required fees are paid.
3. An applicant is entitled to one pre-application consultation free of charge. Additional pre-application consultations may be subject to payment of a fee as set forth in the Consolidated Fee Schedule.
The informal evaluation of the application is not binding upon the applicant or Millcreek and does not constitute a pre-application meeting under Utah Code Section 10-9a-604.1.
After completing a pre-application consultation, the associated application must be filed within six (6) months. If an application is not filed within such a timeframe, a new pre-application consultation may be required prior to filing an application, as determined by the Planning Director.

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

18.14.020 Concept Review

Purpose. A concept review is a more formal process intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to identify any potential issues the applicant may wish to address prior to application submittal.
Applicability. An applicant may request a concept review from the Planning Director prior to submitting any application. If an application type requires a concept review as set forth in MKZ 18.15, Specific Procedures by Application Category and Type, the concept review must be completed prior to submission. For purposes of Regular Residential Subdivisions, the concept review is an alternative pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within fifteen (15) business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director and appropriate attendees shall discuss the proposed development at the concept review meeting based on the information provided by the applicant.
3. The Planning Director shall make available at or prior to the concept review meeting copies of applicable land use regulations, a complete list of standards, and preliminary and final application checklists. The Planning Director shall issue written notes to the applicant regarding the concept review within seven (7) days of the meeting.
Multiple Meetings. If the concept plan changes in scope, intensity, or layout, applicants may request additional concept reviews prior to submission. Additional concept review meetings at the applicant’s request shall be subject to payment of an additional fee as set forth in the Consolidated Fee Schedule.

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

18.14.030 Neighborhood Meeting

Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, help solicit neighborhood input on land use application, to provide any additional local information, and give the applicant an opportunity to address any relevant neighborhood concerns prior to submission.
Applicability. A neighborhood meeting for relevant application types is required, as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following:
1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements.
2. The applicant shall mail notice to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements via First Class Mail at least one week prior to the neighborhood meeting.
3. The neighborhood meeting shall be conducted at a location within Millcreek, which is commonly open to the public.
4. Phone calls or informal door-to-door contacts shall not constitute a neighborhood meeting.
5. The record of a neighborhood meeting shall be submitted with the application and shall include:
  1. A list of all individuals who were notified;
  2. A roster of attendees; and
  3. A statement summarizing the topics discussed at the meeting.

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

18.14.050 Application Completeness And Compliance Review For Regular Residential Subdivisions

Purpose. The purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. The purpose of compliance review is to ensure that all submitted materials and the application comply with all applicable requirements of MKZ.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to applications for Regular Residential Subdivisions, both minor and major.
Timing. The Planning Director shall complete the initial review of a complete subdivision application, provided it satisfies the completeness criteria set forth below for ordinance review for Major or Minor Subdivisions, no later than 15 business days after the application is submitted.
Subdivision Plan Review.
1. The Planning Director shall complete a subdivision plan review, including the steps outlined in MKZ 18.14.070 that do not conflict with this Section, of a subdivision improvement plan submitted with a complete subdivision application for a Major or Minor Subdivision within 20 business days after the complete subdivision application is submitted.
2. In reviewing a subdivision application, the Planning Director 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.
3. Upon completion of the subdivision plan review, the Planning Director shall provide written review comments which may include a request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions.
4. If the applicant does not submit a revised subdivision improvement plan within 20 business days after Millcreek requires a modification or correction, then the City has an additional 20 business days to respond to a revised subdivision improvement plan.
5. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is incomplete, and the subsequent review cycle may not begin until all comments are addressed.
6. Millcreek may not require more than four review cycles as described in subsections 1 through 5 for a subdivision improvement plan review.
7. If the applicant makes a material change to a subdivision improvement plan, the City may, in its discretion, restart the review process at the first review of the subdivision improvement plan review for the portion of the subdivision improvement plan that the material change substantively affects.
Appeal from Subdivision Improvement Plans. For a dispute arising from the subdivision improvement plans, an appeal from Millcreek’s final decision shall be made in accordance with Utah Code Section 10-9a-604.2.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least 30 days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than 30 days prior to a public meeting or hearing.

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

18.14.060 Application Completeness Review For All Other Applications

Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to all applications other than those for Regular Residential Subdivisions.
Timing. The Planning Director shall make a determination of application completion within fifteen (15) business days after the application is submitted.
Complete Submittals. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code.
Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall notify the applicant and explain the deficiencies of the application. The application will not be processed further, and a new submittal with the corrected materials will be required.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting or hearing.

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

18.14.070 Application Compliance Review For All Other Applications

Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code and other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant.
Applicability. All applications deemed complete are subject to full review by the Planning Director and other relevant reviewing authorities. This Section applies to all applications other than those for Regular Residential Subdivisions.
Procedure.
1. The Planning Director will review the application and determine if it meets the standards of the Millcreek Code. If adjustments are needed to obtain approval, these will be communicated to the applicant in writing. The applicant will then have the opportunity to amend the application and resubmit it for subsequent review.
2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director.
3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions.
4. After the Planning Director determines that the application meets all applicable standards, the Planning Director shall schedule the first public meeting or public hearing, if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code.
5. If the Planning Director is the Land Use Authority, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code.
6. No application may be scheduled for a public meeting or public hearing without a review for compliance with the Code and applicable regulations.
7. When the City utilizes a third party review for technical documents or studies, a fee shall be assessed for the additional review as paid by applicant. Such costs shall be based on an estimate provided by the third-party reviewer of the City’s choosing and paid for in advance by a deposit by the applicant or developer. Unused funds shall be returned to the applicant, without interest. Such studies or peer reviews may be required for any application identified to be in sensitive lands.

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

18.14.080 Public Notice

Purpose. Certain application types require public notice to inform the public about the applicant’s relevant proceedings of an applicant and allow the public to participate in a Formal Public Engagement as required.
Applicability. Public notice is required for the application types listed in table 18.13-3, Noticing Summary, or as set forth elsewhere in this Title. The Planning Director shall prepare public notices after a complete and accurate application has been reviewed by the Planning Director for compliance with applicable requirements.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.090 Formal Public Engagement

Purpose. Formal Public Engagement is required for certain application types so that the public can participate in the proceedings public bodies that make recommendations or decisions on land use applications.
Applicability. Formal Public Engagement is required for the application types listed in Table 18.13-3 Noticing Summary, or as set forth elsewhere in this Title.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.100 Decision And Findings

Decision. After considering the land use application, the staff report, comments from other reviewers (if applicable), and the evidence obtained from a Formal Public Engagement Process, the Land Use Authority shall approve, approve with conditions, or deny the application. For Administrative Decisions, approvals must be based on applicable criteria.
Approval criteria. To approve a land use application involving an administrative decision, the applicable Land Use Authority shall find that the land use application has satisfied and followed the applicable requirements of this Land Use Code and all of the approval criteria required for the applicable application.
Denial. The Land Use Authority may only accept an application for an Administrative Decision if the request meets the requirements of this Code or other relevant ordinances or statutes. An application for a Legislative Decision may be denied at the discretion of the Land Use Authority.
Findings. For all Administrative Decisions or as required by state law, decisions shall include at least the following elements:
1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and
2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code.
Final Action. The Land Use Authority will give applicants a written decision, which the Planning Director will provide to the applicant within fifteen (15) days after the decision.
Failure to Act on Legislative Decisions. If the Planning Commission, as the recommending authority for legislative actions including amendments to land use regulations, fails to make a recommendation to the City Council on an application after a reasonable time period to consider an application for a legislative decision, then this failure may be considered by the City Council as a negative recommendation and the City Council may take action accordingly. Nothing in this section and no inaction of Millcreek relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. For the purposes of this section, a reasonable period of time to consider an application for a legislative decision is either:
1. 60 calendar days from the date the Land Use Authority could have acted on the application as an agenda item, or
2. after the third public meeting from which action on the application was tabled by the Planning Commission.
Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within 45 days of receipt of a written request, this failure may be appealed to the Land Use Appeal Authority within 30 of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations.

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

25-12

26-07

Millcreek City Zoning Code

18.14 LAND

USE APPLICATION STEPS

18.14.010 Pre-Application Consultation

Purpose. The purpose of a pre-application consultation is to engage Millcreek staff for a no-fee, no-commitment consultation to discuss the applicant’s concept and to learn about Millcreek’s procedures.
Applicability. An applicant may request a pre-application consultation with the Planning Director prior to submitting any application. If a pre-application consultation is required, an application may not be accepted until after the pre-application consultation is completed. For purposes of Regular Residential Subdivisions, the pre-application consultation is a pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within 15 business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or receiving a written request for the pre-application consultation, and any required fees are paid.
3. An applicant is entitled to one pre-application consultation free of charge. Additional pre-application consultations may be subject to payment of a fee as set forth in the Consolidated Fee Schedule.
The informal evaluation of the application is not binding upon the applicant or Millcreek and does not constitute a pre-application meeting under Utah Code Section 10-9a-604.1.
After completing a pre-application consultation, the associated application must be filed within six (6) months. If an application is not filed within such a timeframe, a new pre-application consultation may be required prior to filing an application, as determined by the Planning Director.

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

18.14.020 Concept Review

Purpose. A concept review is a more formal process intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to identify any potential issues the applicant may wish to address prior to application submittal.
Applicability. An applicant may request a concept review from the Planning Director prior to submitting any application. If an application type requires a concept review as set forth in MKZ 18.15, Specific Procedures by Application Category and Type, the concept review must be completed prior to submission. For purposes of Regular Residential Subdivisions, the concept review is an alternative pre-application meeting for purposes of Utah Code Section 10-9a-604.1.
Procedure.
1. Within fifteen (15) business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting.
2. The Planning Director and appropriate attendees shall discuss the proposed development at the concept review meeting based on the information provided by the applicant.
3. The Planning Director shall make available at or prior to the concept review meeting copies of applicable land use regulations, a complete list of standards, and preliminary and final application checklists. The Planning Director shall issue written notes to the applicant regarding the concept review within seven (7) days of the meeting.
Multiple Meetings. If the concept plan changes in scope, intensity, or layout, applicants may request additional concept reviews prior to submission. Additional concept review meetings at the applicant’s request shall be subject to payment of an additional fee as set forth in the Consolidated Fee Schedule.

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

18.14.030 Neighborhood Meeting

Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, help solicit neighborhood input on land use application, to provide any additional local information, and give the applicant an opportunity to address any relevant neighborhood concerns prior to submission.
Applicability. A neighborhood meeting for relevant application types is required, as set forth in MKZ 18.15, Specific Procedures by Application Category and Type.
Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following:
1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements.
2. The applicant shall mail notice to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.13.060, Public Notice Requirements via First Class Mail at least one week prior to the neighborhood meeting.
3. The neighborhood meeting shall be conducted at a location within Millcreek, which is commonly open to the public.
4. Phone calls or informal door-to-door contacts shall not constitute a neighborhood meeting.
5. The record of a neighborhood meeting shall be submitted with the application and shall include:
  1. A list of all individuals who were notified;
  2. A roster of attendees; and
  3. A statement summarizing the topics discussed at the meeting.

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

18.14.050 Application Completeness And Compliance Review For Regular Residential Subdivisions

Purpose. The purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. The purpose of compliance review is to ensure that all submitted materials and the application comply with all applicable requirements of MKZ.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to applications for Regular Residential Subdivisions, both minor and major.
Timing. The Planning Director shall complete the initial review of a complete subdivision application, provided it satisfies the completeness criteria set forth below for ordinance review for Major or Minor Subdivisions, no later than 15 business days after the application is submitted.
Subdivision Plan Review.
1. The Planning Director shall complete a subdivision plan review, including the steps outlined in MKZ 18.14.070 that do not conflict with this Section, of a subdivision improvement plan submitted with a complete subdivision application for a Major or Minor Subdivision within 20 business days after the complete subdivision application is submitted.
2. In reviewing a subdivision application, the Planning Director 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.
3. Upon completion of the subdivision plan review, the Planning Director shall provide written review comments which may include a request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions.
4. If the applicant does not submit a revised subdivision improvement plan within 20 business days after Millcreek requires a modification or correction, then the City has an additional 20 business days to respond to a revised subdivision improvement plan.
5. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is incomplete, and the subsequent review cycle may not begin until all comments are addressed.
6. Millcreek may not require more than four review cycles as described in subsections 1 through 5 for a subdivision improvement plan review.
7. If the applicant makes a material change to a subdivision improvement plan, the City may, in its discretion, restart the review process at the first review of the subdivision improvement plan review for the portion of the subdivision improvement plan that the material change substantively affects.
Appeal from Subdivision Improvement Plans. For a dispute arising from the subdivision improvement plans, an appeal from Millcreek’s final decision shall be made in accordance with Utah Code Section 10-9a-604.2.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least 30 days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than 30 days prior to a public meeting or hearing.

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

18.14.060 Application Completeness Review For All Other Applications

Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application.
Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to all applications other than those for Regular Residential Subdivisions.
Timing. The Planning Director shall make a determination of application completion within fifteen (15) business days after the application is submitted.
Complete Submittals. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code.
Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall notify the applicant and explain the deficiencies of the application. The application will not be processed further, and a new submittal with the corrected materials will be required.
Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.13.040, Submittal Requirements in General.
Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting or hearing.

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

18.14.070 Application Compliance Review For All Other Applications

Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code and other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant.
Applicability. All applications deemed complete are subject to full review by the Planning Director and other relevant reviewing authorities. This Section applies to all applications other than those for Regular Residential Subdivisions.
Procedure.
1. The Planning Director will review the application and determine if it meets the standards of the Millcreek Code. If adjustments are needed to obtain approval, these will be communicated to the applicant in writing. The applicant will then have the opportunity to amend the application and resubmit it for subsequent review.
2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director.
3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions.
4. After the Planning Director determines that the application meets all applicable standards, the Planning Director shall schedule the first public meeting or public hearing, if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code.
5. If the Planning Director is the Land Use Authority, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code.
6. No application may be scheduled for a public meeting or public hearing without a review for compliance with the Code and applicable regulations.
7. When the City utilizes a third party review for technical documents or studies, a fee shall be assessed for the additional review as paid by applicant. Such costs shall be based on an estimate provided by the third-party reviewer of the City’s choosing and paid for in advance by a deposit by the applicant or developer. Unused funds shall be returned to the applicant, without interest. Such studies or peer reviews may be required for any application identified to be in sensitive lands.

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

18.14.080 Public Notice

Purpose. Certain application types require public notice to inform the public about the applicant’s relevant proceedings of an applicant and allow the public to participate in a Formal Public Engagement as required.
Applicability. Public notice is required for the application types listed in table 18.13-3, Noticing Summary, or as set forth elsewhere in this Title. The Planning Director shall prepare public notices after a complete and accurate application has been reviewed by the Planning Director for compliance with applicable requirements.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.090 Formal Public Engagement

Purpose. Formal Public Engagement is required for certain application types so that the public can participate in the proceedings public bodies that make recommendations or decisions on land use applications.
Applicability. Formal Public Engagement is required for the application types listed in Table 18.13-3 Noticing Summary, or as set forth elsewhere in this Title.
Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.13.060, Public Notice Requirements, or as set forth elsewhere in this Title.

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

18.14.100 Decision And Findings

Decision. After considering the land use application, the staff report, comments from other reviewers (if applicable), and the evidence obtained from a Formal Public Engagement Process, the Land Use Authority shall approve, approve with conditions, or deny the application. For Administrative Decisions, approvals must be based on applicable criteria.
Approval criteria. To approve a land use application involving an administrative decision, the applicable Land Use Authority shall find that the land use application has satisfied and followed the applicable requirements of this Land Use Code and all of the approval criteria required for the applicable application.
Denial. The Land Use Authority may only accept an application for an Administrative Decision if the request meets the requirements of this Code or other relevant ordinances or statutes. An application for a Legislative Decision may be denied at the discretion of the Land Use Authority.
Findings. For all Administrative Decisions or as required by state law, decisions shall include at least the following elements:
1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and
2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code.
Final Action. The Land Use Authority will give applicants a written decision, which the Planning Director will provide to the applicant within fifteen (15) days after the decision.
Failure to Act on Legislative Decisions. If the Planning Commission, as the recommending authority for legislative actions including amendments to land use regulations, fails to make a recommendation to the City Council on an application after a reasonable time period to consider an application for a legislative decision, then this failure may be considered by the City Council as a negative recommendation and the City Council may take action accordingly. Nothing in this section and no inaction of Millcreek relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. For the purposes of this section, a reasonable period of time to consider an application for a legislative decision is either:
1. 60 calendar days from the date the Land Use Authority could have acted on the application as an agenda item, or
2. after the third public meeting from which action on the application was tabled by the Planning Commission.
Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within 45 days of receipt of a written request, this failure may be appealed to the Land Use Appeal Authority within 30 of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations.

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