Millcreek City Zoning Code

18.15 SPECIFIC

PROCEDURES BY APPLICATION CATEGORY AND TYPE

18.15.010 Legislative Decisions

General Plan and Future Land Use Map Adoption or Amendment

Purpose. The City Council may adopt or amend the General Plan and Future Land Use Map, including amending the number, shape, boundaries, or area of any designation on the Future Land Use Map. The purpose of this Section is to provide standards to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for General Plan and Future Land Use Map Adoptions or Amendments is set forth in Table 18.15-1.
Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Applications for General Plan and Future Land Use Map Adoption or Amendments shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act. No application may be filed by any property to amend any part of the general plan for a period of one year after adoption of such part of the general plan by the council.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Neighborhood Meeting
3. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with the application and shall follow the procedure as set forth in this chapter. If a Future Land Use Map Amendment is approved subject to a Development Agreement, the approval of the Future Land Use Map Amendment shall be made effective upon recording of an executed Development Agreement.
4. Application Completeness Review
5. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
6. Public Notice. Mailed notices are required as part of any future land use map amendment.
7. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation to the Land Use Authority; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for General Plan and Future Land Use Map Adoption or Amendment applications.
8. Decision.

Submittal Requirements. Any person seeking an amendment to the General Plan or Future Land Use Map shall submit a complete application, a completed General Plan or Future Land Use Map Adoption or Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow the City Council to make a decision.

Table 18.15-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to the first formal public engagement	MKZ 18.13.060

Disapproval of General Plan and Future Land Use Map Adoption or Amendment. Disapproval of an application to amend the general plan shall preclude the filing of another application to amend the general plan text in the same or similar manner or to amend the general plan map for any property, or any portion thereof, to the same land use designation within two years of the date of the final disapproval of the application unless the City Council finds that there has been a substantial change in the circumstances or other significant reasons since the disapproval of the application to merit consideration of a second application within the two-year time period, upon receiving a recommendation on the matter from the Planning Commission.

Land Use Code Text Amendment

Purpose. The City Council may amend the text of any land use ordinance. The purpose of this Section is to provide standards to amend the text of the Land Use Code. The Land Use Code Text Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-2.
Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. Applications for Land Use Code Text Amendments shall include the reasons or basis upon which the applicant believes the Land Use Code should be amended. Amendments to the Land Use Code shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Application Submittal. As the Planning Director determines, an associated Development Agreement may be required. A Development Agreement must be considered concurrently with a Land Use Text Amendment application and shall follow the procedure set forth in this chapter. If a Land Use Code Text Amendment is approved subject to a Development Agreement, the approval of the Land Use Code Text Amendment shall be made effective upon recording of an executed Development Agreement.
3. Application Completeness Review
4. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
5. Public Notice
6. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Land Use Code Text Amendment applications.
7. Decision.

Submittal Requirements. Any person seeking an amendment to the Land Use Code shall submit a complete application, a completed Land Use Code Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow the City Council to make a decision.

Table 18.15-2 Land Use Code Text Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Zoning Map Amendment

Purpose. The City Council may amend the number, shape, boundaries, or area of any zone. The purpose of this Section is to provide standards to amend the boundaries of any zone district, or the zone classification of any property in a zone district. The Zoning Map Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-3.
Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. Zoning Map Amendment applications shall include the reasons or basis upon which the applicant believes the Zoning Map should be amended.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with a Zoning Map Amendment application and shall follow the procedure as set forth in this chapter. If a Zoning Map Amendment is approved subject to a Development Agreement, the approval of the Zoning Map Amendment shall be made effective upon recording of an executed Development Agreement.
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Zoning Map Amendment applications.
9. Decision.
Submittal Requirements. Any person seeking a Zoning Map Amendment shall submit a complete application, a completed Zoning Map Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Conditions to Zoning Map Amendment.

In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:
1. Uses;
2. Dwelling Unit Density;
3. Building Square Footage;
4. Height of Buildings or Structures
A zoning map amendment attaching any of the conditions set forth in subsection A shall be designated ZC after the zoning classification on the zoning map.

In the event any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to zoning condition shall be considered an amendment to the zoning ordinance and shall be subject to the requirements of this chapter.

Table 18.15-3 Zoning Map Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Development Agreement
1. Purpose. The purpose of this Section is to provide standards for the consideration and adoption of Development Agreements as part of applications for Legislative Decisions. Development agreements are intended to stipulate specific unique details of a development proposal that exceed the standards of the Code, in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure.
2. Applicability. A Development Agreement is a voluntary agreement between Millcreek and the Applicant. A Development Agreement must be submitted concurrently with a land use application for a Legislative Decision, along with a completed Development Agreement Checklist.
3. Procedure. Approval of a Development Agreement shall follow the procedure for the relevant application type.
4. Minimum Standards. The Development Agreement shall include, at a minimum, the following:
  1. Site plans and building elevations.
  2. A detailed narrative of materials, design, uses, public and private amenities, landscaping, parking, lighting, signs, utilities, and any other detail that is relevant to the Development Agreement.
  3. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets Millcreek’s standards.
  4. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two (2) years of execution of the Development Agreement, or if the Development Agreement is not recorded within sixty (60) days of execution of the Agreement.
5. Submittal Requirements. Any person seeking a Development Agreement as part of a land use application for a Legislative Decision shall submit an additional fee as set forth in MKZ 18.13.040, Submittal Requirements in General, shall follow the application procedure and submittal requirements for the relevant application type, and shall submit and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

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

18.15.020 Administrative Decisions

Minor Subdivision

The purpose of this Section is to provide standards for Minor Subdivisions. Minor Subdivisions are intended to provide a streamlined review for small-scale projects with limited impact. A Minor Subdivision is required prior to issuance of a grading permit, if applicable, or building permit or other minor development activities. A summary of meeting and noticing requirements for applications Minor Subdivisions is set forth in Table 18.15-4.
Applicability. The minor subdivision procedure applies to a property creating or modifying three (3) lots or fewer. Plats involving four (4) or more lots are not eligible for the Minor Subdivision procedure.
Procedure. Unless noted otherwise, the following application steps are required, as set forth in MKZ 18.14, Land Use Application Steps.
1. Pre-application Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, Millcreek shall schedule it within fifteen (15) days to review the concept plan and give initial feedback.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal.
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review.
7. Public Notice.
8. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Minor Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The minor subdivision creates no more than three (3) lots in total.
2. The minor subdivision does not create remnant or otherwise unusable lots or parcels.
3. The minor subdivision is consistent with and complies with the requirements of the specific zoning district in which it is located.
4. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance to construct the use the lot is intended for.
5. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat.
6. The minor subdivision will not limit Millcreek’s ability to provide facilities or services effectively.
7. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use, unless the lot created for the purpose of dividing a legally-established two-household dwelling pursuant to the standards as set forth in MKZ 18.26.
Submittal Requirements. Any person seeking a Minor Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Expiration. Failure to submit the approved minor subdivision for recording within twelve (12) months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new minor subdivision application for review. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.

Table 18.15-4 Minor Subdivision Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Major Subdivision

The purpose of this Section is to provide standards for Major Subdivisions. Major subdivisions are intended to ensure lots and development conform with zoning regulations, and all applicable Millcreek standards. A summary of meeting and noticing requirements for applications for Major Subdivisions is set forth in Table 18.15-5.
Applicability. The major subdivision procedure is required for a proposed division of land when one (1) or more of the following conditions exist:
1. The resultant subdivision will produce four (4) or more lots; or
2. The subdivision is not otherwise eligible for approval as a Minor Subdivision.
Procedure Overview. Major Subdivisions require two (2) steps.
1. Preliminary Subdivision, which requires approval by the Planning Commission; and
2. Final Subdivision, which requires approval by the Planning Director.
Preliminary Subdivision Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, unless noted otherwise.
1. Pre-application Consultation. This is optional for Regular Residential Subdivisions and required for all other subdivisions.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice.
8. Formal Public Engagement. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for preliminary approval of Major Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Commission shall approve the request if:
1. The Preliminary Subdivision is consistent with and complies with the requirements of the specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements.
2. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or Development Agreements.
3. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards.
4. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive lands or geologic hazards associated with the property.
5. The Subdivision will not impair the ability of Millcreek or any public utility provider to provide facilities or services effectively.
6. The engineering drawings and subdivision improvement plans comply with all applicable standards of this Title and other applicable Millcreek and State requirements.
7. The Planning Commission may not approve a Preliminary Subdivision with a noncomplying structure or a structure occupied by a nonconforming use.
Submittal Requirements. Any person seeking a Major Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, all required engineering drawings and subdivision improvement plans, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Post Approval Action. Following Preliminary Subdivision approval, the Planning Director shall issue a timely written record of the decision, including any additional requirements of approval, along with a copy of the approved plat, plans, reports, and studies that were presented in the public meeting, as set forth in MKZ 18.14.100, Decision and Findings.
Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for twelve (12) months following the date of the Planning Commission approval. An approved Subdivision shall expire and be of no further force and effect if the subdivision or a phase of the subdivision has not been submitted within twelve (12) months after the date of the approval. In the case of phased Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six (6) months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to the expiration of the six (6) month period, the Planning Director may grant one extension of six (6) months as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.
Final Subdivision Approval. After the Planning Commission issues a preliminary approval of a Major Subdivision, the Planning Director shall commence a final compliance review of the subdivision application and shall issue a Final Subdivision Approval. The Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat based on the approval criteria in this section. The Planning Director shall confirm that:
1. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and
2. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements.
3. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
4. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
5. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
6. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Expiration. Failure to submit the approved major subdivision for recording within twelve (12) months after the date of the approval letter shall automatically expire the approval. The applicant of an expired subdivision will be required to submit a new subdivision application for review. Prior to the expiration of the twelve (12) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.

Table 18.15-5 Major Subdivision Meeting and Noticing Requirements
Application Steps	Requirement	Code Reference
*Preliminary Subdivision*
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Neighborhood Meeting	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060
Final Subdivision
Pre-Application Consultation	Optional	MKZ 18.14.010
Concept Review	Optional	MKZ 18.14.020

Condominium Subdivisions, Condominium Conversions, and Condominium Vacations.
1. Purpose. The purpose of this Section is to provide standards for Condominium Subdivisions, Condominium Conversions, and Condominium Vacations as part of an application for a Major Subdivision, a Subdivision Amendment, or a Vacation of a Subdivision Plat. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, et seq. and shall follow the procedures as set forth in this Chapter, with additional requirements as set forth in Utah Code Section 57-8-101 et seq., as amended. Condominium Conversions are intended to allow for existing legally-established multiple-household dwelling developments, including legally-established three-household and four-household dwellings, to be converted into condominiums to promote affordable homeownership in Millcreek.
2. Applicability. Any application affecting a plat or property that is defined as a Condominium Plat or Condominium as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, is subject to the standards of this section.
3. Procedure. A Condominium Subdivision or Condominium Vacation shall follow the procedures for a Major Subdivision. Condominium Conversions shall follow the procedures for a Minor Subdivision, and the procedures set forth in this Section.
4. Condominium Conversion Submittal Requirements. Any person seeking a Condominium Conversion shall submit a complete Minor Subdivision application, completed Minor Subdivision Requirements and Condominium Conversions Checklists, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. Additionally, a Property Report must be submitted for any Minor Subdivision application for a Condominium Conversion, and the Property Report shall include the following requirements:
  1. A site plan indicating the layout of existing and proposed landscaping, parking, lighting, fencing, private and common areas, and amenities, by a licensed surveyor/engineer.
  2. The age of the building or buildings.
  3. The general condition, useful life, and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural components.
  4. All known conditions constituting deficiencies requiring repair to meet existing building codes.
  5. All known conditions which may require repair or replacement within the next succeeding five (5) year period.
  6. A statement from a third-party building inspector licensed to practice in the State of Utah stating that the structure or structures have been inspected for compliance with the International Building Code minimum standards. If the building inspector finds deficiencies, the applicant shall present plans to bring the structure or structures into conformity with said standards prior to the issuance of certificates of occupancy.
  7. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek.
5. Condominium Conversion Application Compliance Review Requirements. As part of an Application Compliance Review for an application for a Preliminary Major Subdivision, the Application Compliance Review shall include the following actions:
  1. Building Inspection Staff Review. Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the Planning Commission, the Chief Building Official or designee shall note corrections, repairs and replacements that must be made to bring the structures into code compliance, together with a list of renovation improvements proposed by the owner/developer that are not required by code. The Chief Building Official or designee shall also list any requirements of the International Building Code that needs consideration by the Board of Appeal due to unique circumstances associated with the structure. The Chief Building Official or designee may then recommend denial until existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval.
  2. Fire Marshal Review. The Fire Marshal shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its fire safety conditions. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report.
  3. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its conditions regarding municipal code compliance. Millcreek shall identify those conditions requiring improvement in the report prior to being issued final plat approval.
6. Public Notice – Additional Requirements for Condominium Conversions. In addition to the Public Notice requirements for Subdivisions as set forth in MKZ 18.13.060, Public Notice Requirements, the applicant for a Condominium Conversion shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice.
7. Approval Criteria for Condominium Conversions. The Planning Commission shall approve the request if it satisfies the Preliminary Approval Criteria for Minor Subdivisions as set forth in MKZ 18.15.020 (B). Any condominium conversion shall have a minimum of three (3) legal units or lots. One (1) or more single-household detached dwellings shall not be platted as a condominium development.
8. Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
  1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
  2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
  3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
  4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Subdivision Amendment for Minor Plat Adjustments

Purpose. The purpose of this Section is to provide standards for Subdivision Amendments that make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Subdivision Amendments for Minor Plat Adjustments is set forth in Table 18.15-6.
Applicability. A subdivision amendment may only be considered on approved subdivisions. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. Only an owner of land within a platted subdivision, as shown on property records at the office of the County Recorder, may petition the City in writing to amend, alter or vacate any portion of a subdivision.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Subdivision Amendment applications.
7. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The amended plat is in substantial conformance with the original approved subdivision.
2. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels.
3. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder.
4. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use.
5. The amended plat complies with all other applicable requirements of this Code, Utah Code Section 10-9a-608, and regulations and standards.
6. All proposed vacations, alterations or amendments of subdivision plats must meet the review requirements outlined in this chapter and the requirements of the individual zone in which the subdivision is proposed.
Submittal Requirements. Any person seeking a Subdivision Amendment for Minor Plat Adjustments shall submit a complete application, a completed Subdivision Requirements Checklist, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Expiration. Failure to submit the approved subdivision amendment for recording within six (6) months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new subdivision amendment application for review. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.

Table 18.15-6 Subdivision Amendment for Minor Plat Adjustments Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	Affected Property Owners	MKZ 18.13.060 MKZ 18.97
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Boundary Adjustment
1. Purpose. The purpose of this Section is to provide standards for agreements between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
  1. Simple Boundary Adjustment. An applicant may propose a simple boundary adjustment by submitting a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment.
    1. Applicability. A simple boundary adjustment may not affect a public right-of-way, municipal utility easement, or other public property; an existing easement, onsite wastewater system, or an internal lot restriction; or result in a lot or parcel out of conformity with land use regulations, including a lot or parcel that crosses a zone district boundary. If an application for a simple boundary adjustment does not meet these requirements, then a full boundary adjustment is required.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use application Steps, are required.
      1. Application Submittal.
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of simple boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request if it meets the requirements of this section by issuing a Notice of Consent that states the City is not responsible for any error related to the simple boundary adjustment and the county recorder may record the simple boundary adjustment.
    4. Submittal Requirements. Any person seeking a simple boundary adjustment shall submit a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved simple boundary adjustment for recording within six (6) months after the date of the approval letter shall void the approval and the applicant shall be required to submit a new simple boundary adjustment application. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one exception as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
  2. Full Boundary Adjustment. An applicant may propose a full boundary adjustment by submitting a written request by the adjoining property owners that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b).
    1. Applicability. A full boundary adjustment is a boundary adjustment that is not a simple boundary adjustment.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
      1. Application Submittal. Application submittal shall include a survey that complies with Utah Code Section 57-1-45.5(3)(b).
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of full boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request for a full boundary adjustment if the proposal includes all the necessary information and the survey that complies with Utah Code Section 57-1-45.5(3)(b) and that shows no evidence of a violation of a land use regulation or the creation of a lot or parcel that crosses a zone district boundary by issuing a Notice of Consent that states the City is not responsible for any error related to the full boundary adjustment and the county recorder may record the boundary adjustment.
    4. Submittal Requirements. Any person seeking a full boundary adjustment shall submit a written request that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b), a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform Staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved full boundary adjustment for recording within six (6) months after the date of the Notice of Consent shall void the approval and the applicant shall be required to submit a new full boundary adjustment. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Vacating a Subdivision Plat. The vacation of a subdivision plat shall comply with the requirements as set forth in, and shall follow the process as outlined below:
1. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process.
2. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process.
3. The City Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance as set forth in Utah Code Section 10-9a-609, Land use authority approval of vacation or amendment of plat -- Recording the amended plat.

Public Street or Municipal Utility Easement Vacation

Purpose. The purpose of this Section is to provide standards for the vacation of public streets or municipal utility easements. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, if Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-7.
Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the City Council may approve a petition to vacate a public street or municipal utility easement by ordinance.
Procedure – Public Street or Municipal Utility Easement Vacation By Plat. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps:
1. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the City Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement.
2. Public Notice shall follow the process as set forth in MKZ 18.13.060, Public Notice Requirements.
3. A public hearing shall follow the process as set forth in MKZ 18.13.050, Formal Public Engagement Requirements.
4. If the filing of a subdivision plat accompanies a vacation of a public street or municipal utility easement, the final decision on the plat shall be withheld until the City Council issues a decision regarding the vacation of a public street or municipal utility easement.
Procedure – Public Street or Municipal Utility Easement Vacation by Ordinance. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code Section 10-9a-609.5, Petition to vacate a public street, and shall follow the procedure as set forth below:
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Public Street or Municipal Utility Easement Vacation applications.
9. Decision and Findings
Approval Criteria. Public streets or municipal utility easements may not be vacated unless the following criteria are met:
1. The vacation does not deprive abutting properties of adequate legal access to existing or proposed public utilities or drainage installations;
2. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan;
3. The land to be vacated is no longer necessary for public use and convenience;
4. The right-of-way is no longer needed for public transportation purposes;
5. The vacation will not adversely impact the use of the right-of-way for public utility and/or drainage purposes;
6. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate legal access;
7. The vacation will not adversely impact the health, safety, and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service;
8. The vacation satisfies the requirements of MKC 14.52;
9. Good cause exists for the vacation; and
10. The public interest or any person will not be materially injured by the proposed vacation.
Submittal Requirements. Any person seeking a Public Street or Municipal Utility Easement Vacation shall submit a complete application, a completed Public Street or Municipal Utility Easement Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Final Approval and Recording. Approval of a plat or ordinance vacating a public street or municipal utility easement shall be deemed a certification of the vacation. With this certification, the Planning and Zoning Department shall forward a signed copy of the signed plat or ordinance to the Salt Lake County Recorder for recording. Failure of the applicant to submit any revised information or legal description that enables the ordinance to be processed as approved within three months following approval shall render the vacation void.

Table 18.15-7 Public Street and Municipal Utility Easement Vacation Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.14.060
Mailed Noticing Requirement for Property Owners – Distance	Each property that is accessed by the public street of municipal utility easement.	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Planning Commission Public Hearing	MKZ 18.13.060

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

18.15.030 Administrative Decisions - Other Land Use Decisions

Conditional Use Permit

Purpose. The purpose of this Section is to provide standards for Conditional Use Permits, which are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to identify reasonably anticipated detrimental effects and impose reasonable conditions on a use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety, and welfare of Millcreek. A summary of meeting and noticing requirements for applications for Conditional Use Permits is set forth in Table 18.15-8.
Applicability. A Conditional Use Permit is required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. A Conditional Use Permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure will also require a site plan approval as set forth in MKZ 18.15.030 (B).
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. As part of an application compliance review, the Planning Director may:
  1. Provide the application to other City departments for review and comment as may be required by this Code, as necessary for complete review of the application, or as necessary to identify and understand the potential detrimental effects of the proposed conditional use; and
  2. require other information or studies to address potential detrimental effects of the proposed conditional use that have been reasonably anticipated by the City during its review of the application.
7. Upon completion of the review, the Planning Director shall make a recommendation.
8. Public Notice
9. Formal Public Engagement, the Planning Commission shall hold a public meeting and shall be the Land Use Authority for Conditional Use Permit applications.
10. Decision and Findings
Approval Criteria. The Planning Commission shall consider the following criteria in reviewing all conditional use applications:
1. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Statutes, as applicable to the use and to the site where the conditional use will be located; and
2. The Land Use Authority shall approve a Conditional Use Permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include:
  1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, parking lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
  2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers.
  3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
  4. Detrimental effects of the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including effects of environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects of the use may include hours of operation and the potential to create an attractive nuisance.
  5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists.
  6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
  7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
  8. Detrimental effects on emergency fire service and emergency vehicle access.
  9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
  10. Detrimental effects from inadequate maintenance of the property and structures in perpetuity, including performance measures, compliance reviews, and monitoring.
  11. Detrimental effects of excessive storm water generation.
Conditions of Approval. Unless otherwise specified in this Code or Utah Code Section 10-9a-507, Conditional Uses, the Planning Commission shall approve all conditional use applications with objective standards as set forth in the Land Use Code. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. All conditional uses are presumed to be compatible with the zone and the General Plan’s intent.
Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use.
Submittal Requirements. Any person seeking a Conditional Use Permit shall submit a complete application, a completed Conditional Use Permit Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the LUHO, the LUHO shall determine if there is a failure to comply with a condition of the approved Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with the condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit.
Expiration. A Conditional Use Permit granted pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit.
Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to the expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.

Transferability. Conditional Use Permits shall run with the land.

Table 18.15-8 Conditional Use Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Site Plan Approval
1. Purpose. The purpose of this Section is to establish standards for Site Plan Approvals for Permitted Use approvals that are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. Building permits may not be obtained nor shall any site work be performed prior to site plan approval.
2. Applicability. A Site Plan Approval is required under the following circumstances:
  1. Property development, redevelopment, construction, reconstruction, or alteration of a building or structure, except for attached or detached single or two-household dwellings that are located in a recorded subdivision and that are not in a sensitive lands area.
  2. Review of a permitted use approval, a conditional use permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure, or a request for reasonable accommodation for a group home or residential facility for Persons With a Disability, subject to the standards as set forth in MKZ 18.74, Residential Facilities for Persons With a Disability.
  3. Changes or alterations to an existing site plan or structure that does not otherwise qualify for a Minor Site Plan Amendment.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Concept Review.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings. The Planning Director shall be the Land Use Authority for Site Plan Approval applications for permitted uses. The Planning Commission shall be the Land Use Authority for Site Plan Approval for conditional uses.
4. Approval Criteria. Once all application submittal requirements have been met, the Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including but not limited to:
  1. Dedication of a public right-of-way for the public street on which the property fronts.
  2. Dedication of public utility or drainage easements necessary for the development.
  3. Construction of public right-of-way improvements abutting the property or the deferral of said improvements as set forth in MKC 14.12.100.
5. Submittal Requirements. Any person seeking a Site Plan Approval for Permitted Uses shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one, six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Change of Use Permit.
1. Purpose. The purpose of this Section is to establish standards for Change of Use Permits, which are intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use complies with all applicable standards. When an existing property changes from a permitted use classification established in this Title to a use classification that is established in this Title as a conditional use, the applicant shall obtain a Conditional Use Permit following the procedures as set forth in MKZ 18.15.030 (A).
2. Applicability. A Change of Use Permit is required when any existing property changes from one use classification established in this Title to another use classification established in this Title.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal
  2. Application Completeness Review
  3. Application Compliance Review
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Change of Use applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The new use is permitted in the governing zoning district; and
  2. The new use complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Change of Use Permit shall submit a complete application, a completed Change of Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Minor Site Plan Amendment
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for Minor Site Plan Amendments, which allow for minor changes to approved site plans for conditional and permitted uses.
2. Applicability. An applicant who has obtained a site plan that has been previously approved may apply for a Minor Site Plan Amendment approval for minor changes to the site plan, subject to the approval criteria as set forth in this section.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Minor Site Plan Amendment applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The proposed change does not significantly alter the site plan’s approved access, circulation, or layout.
  2. The proposed changes do not increase the number of residential units.
  3. The proposed change does not expand the floor area of a building, structure, or oval site by more than ten percent (10%).
  4. The proposed change complies with all applicable requirements of the Code and other relevant Millcreek and State regulations.
  5. The proposed change does not affect any required mitigations or violate any conditions of approval for a Conditional Use Permit.
  6. The amended site plan complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Minor Site Plan Amendment shall submit a complete application, a completed Minor Site Plan Amendment Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Compliance Determination for an Accessory Dwelling Unit.
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for a Compliance Determination for an Accessory Dwelling Unit, which allows a property owner to determine if an accessory dwelling unit complies with applicable standards.
2. Applicability. A property owner of a single-household dwelling with an existing Accessory Dwelling Unit on the property may apply for a Compliance Determination for an Accessory Dwelling Unit.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Compliance Determination for Accessory Dwelling Unit applications.
4. Approval Criteria. The Planning Director shall issue a Compliance Determination if the Accessory Dwelling Unit complies with all applicable provisions of this Code, particularly MKZ 18.71, Accessory Dwelling Unit Standards, and other applicable Millcreek policies, including the following:
  1. The Accessory Dwelling Unit is on a residential property that contains a single-household dwelling.
  2. The Accessory Dwelling Unit is on a residential property that is owner-occupied.
5. Submittal Requirements. Any person seeking a Compliance Determination for an Accessory Dwelling Unit shall submit a complete application, a completed Compliance Determination for an Accessory Dwelling Unit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, proof of owner occupancy, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision, and proof of owner occupancy in the form of a document from at least two of the following categories that show the applicant’s name and the address of the property for which a Compliance Determination for an Accessory Dwelling Unit is being applied.
  1. Utility bill, dated within the last sixty (60) days;
  2. Correspondence from any government agency that shows the home address, dated within the last sixty (60) days;
  3. A voter registration card dated within the last calendar year;
  4. A social security statement, dated within the last sixty (60) days;
  5. A bank statement dated within the last sixty (60) days;
  6. Automobile registration documentation dated within the last calendar year;
  7. Income tax forms dated from the most recent tax filing period;
  8. Insurance documentation or insurance bill dated within the last calendar year that shows home address;
  9. Current active business license or permit issued by Millcreek or a state or federal agency that shows home address;
  10. College or school correspondence that shows home address, dated within the last sixty (60) days;
  11. W-2 from the most recent tax filing period;
  12. Official payroll documentation that includes home address issued by an employer within the last sixty (60) days, such as a pay stub with home address, a form submitted for tax withholding purposes, or a payroll receipt;
6. Discontinuance and Termination of Right. If a Compliance Determination for an Accessory Dwelling Unit is issued pursuant to this section is abandoned or discontinued for a period of six (6) continuous months, or if the single-household dwelling ceases to be owner-occupied, the compliance review shall be considered expired. Prior to the expiration of the Compliance Determination for an Accessory Dwelling Unit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Determination if no changes to the application are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.
7. Transferability. Compliance Determinations for an Accessory Dwelling Unit run with the land, provided that the single-household dwelling is owner-occupied.
Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability
1. Purpose. The purpose of this Section is to establish standards for applications for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability in a manner that balances local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood.
2. Applicability. Any person or entity seeking a reasonable accommodation to exceed the residential occupancy limits established in any zone for a residential facility for Persons With a Disability shall apply for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability. Applicants have the burden of providing sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone.
3. Procedure. An application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the procedure for a Site Plan Approval for Permitted Uses as set forth in this chapter.
4. Approval Criteria. The Planning Director shall consider the following in making a Reasonable Accommodation Determination for a Residential Facility For Persons With a Disability:
  1. The facility meets or will meet all program, physical facility, and licensure requirements of the Utah Department of Health and Human Services.
  2. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing, and zoning requirements.
  3. The facility shall not house persons who are involuntarily residing there or who are residing there as part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.
  4. The applicant provides sufficient evidence that the requested accommodation is necessary to provide disabled individuals with reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information about the facility’s history, management, financial feasibility, and therapeutic benefits, and applicable law.
  5. The zoning ordinance applicable to the property.
  6. The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted.
  7. Whether or not the accommodation will be an undue burden or expense to the City.
  8. The extent to which the accommodation will or will not benefit the applicant.
  9. The extent to which the accommodation will or will not benefit the community.
  10. Whether or not the accommodation fundamentally alters the Citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood.
  11. Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying.
  12. Whether or not, without the accommodation, similar housing is available in the City for the applicant or group of applicants.
  13. The anticipated impact of the requested accommodation on the immediate neighborhood.
  14. The requirements of applicable federal and state laws and regulations.
5. Submittal Requirements. Any person seeking a Reasonable Accommodation Determination For A Residential Facility For Persons With a Disability shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a completed Reasonable Accommodation Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and the following additional information:
  1. The specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested.
  2. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act.
  3. An analysis based on evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling.
  4. The number of residents and employees who will have vehicles on the property and a site plan showing where the vehicles will be parked.
  5. Whether the owner/operator of the Residential Facility For Persons With a Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to the health or safety of other persons, or substantial physical damage to the property of others.
  6. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services.
  7. The category of state licensure that the Residential Facility for Persons With a Disability will have.
  8. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability.
6. Expiration. A Reasonable Accommodation Determination for a Residential Facility for Persons With a Disability that is issued pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining the required state licensure and a Millcreek business license.
7. Transferability. Reasonable Accommodation Determinations for Residential Facility are nontransferable. A new Reasonable Accommodation Determination is required if any ownership changes, changes occur in the maximum occupancy, changes occur in the licensing or disability classification under state or federal law, or the facility remodels or expands.
8. Termination. A use permitted by this shall be subject to revocation by the appropriate land use or licensing authority if:
  1. The facility is devoted to a use other than a residential facility for Persons With a Disability;
  2. The facility exceeds the maximum number of residents specified and approved in the Reasonable Accommodation Determination, or changes the disability classification under state or federal law, or remodels or expands without first applying for and receiving an additional Reasonable Accommodation Determination;
  3. The facility is not licensed by the Utah Department of Health and Human Services, or if a license is revoked; or
  4. An appropriate authority has determined that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood.
Eligible Facility Request (EFR) for a Wireless Telecommunications Facility.
1. Purpose. The purpose of this section is to establish standards for eligible facility requests (EFR) for wireless telecommunications facilities to ensure that such requests are in conformance with federal law with Millcreek’s requirements for wireless telecommunications facilities.
2. Applicability. An EFR is required for any modification of an existing wireless telecommunications facility that does not substantially change the physical dimensions of a tower or base station.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review. The City shall comply with all applicable shot clocks when reviewing an EFR application.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for EFRs.
4. Approval Criteria. The Planning Director shall approve the EFR if it complies with all applicable provisions of this Code and federal law, including the following:
  1. The proposed EFR complies with standards as set forth in MKZ 18.75.100.
  2. The proposed EFR does not result in a substantial change to the physical dimensions of an eligible support structure.
5. Submittal Requirements. Any person seeking an EFR shall submit a complete application, a completed Eligibility Facilities Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Sign Permit
1. Purpose. The purpose of this Section is to establish standards for Sign Permits, to ensure that that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code.
2. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.65, Signs.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Sign Permit applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed signage complies with the requirements as set forth in MKZ 18.65, Signs, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Sign Permit shall submit a complete application, a completed Sign Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A sign permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit, if a building permit is required.
7. Transferability. Sign permits shall run with the land.
Temporary Use Permit
1. Purpose. The purpose of this section is to establish standards for Temporary Use Permits, which are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code.
2. Applicability. A Temporary Use Permit is required when a temporary use as set forth in MKZ 18.58, Temporary Uses and Structures, is intended to be placed on a property in Millcreek.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Temporary Use applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use complies with the requirements of the zoning district in which the use is located, the requirements as set forth in MKZ 18.58, Temporary Uses and Structures, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Temporary Use Permit shall submit a complete application, a completed Temporary Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A Temporary Use Permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Classification Request
1. Purpose. The purpose of this Section is to establish standards for Classification Requests to determine whether a proposed land use aligns with an existing land use specified in this Code in a manner compliant with state statute.
2. Applicability. An applicant may formally request a Classification Request. Classification Requests are limited to those land uses for which a Millcreek business license is required.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Pre-application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings.
    1. The Planning Director shall be the Land Use Authority for Classification Requests.
    2. The City Council shall be the Land Use Authority for Reviews of Classification Requests.
4. Approval Criteria. The Planning Director shall find that a proposed land use aligns with an existing land use specified in this Code, if the proposed land use complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The applicant provided sufficient evidence demonstrating that the proposed land use complies with the zone district’s development standards, including but not limited to parking and vehicular access requirements, inventory storage, lighting, noise, and landscaping.
  2. The proposed land use is substantially similar to the uses allowed in that district and is more comparable to such uses than those uses allowed in a less restrictive district.
  3. If the proposed use is most similar to a conditional use authorized in the zone district in which it is proposed to be located, any Classification Request Determination for such use shall require that it may be approved only as a conditional use.
  4. The proposed use is consistent with the purpose statement of the underlying zoning district.
  5. The proposed land use requires a Millcreek business license.
5. Submittal Requirements. Any person seeking a Classification Request shall submit a complete application, a completed Classification Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. As part of an application for a Classification Request, the Planning Director may require the submittal studies or plans following the procedure as set forth in MKZ 18.69, Required Studies and Plans.
6. City Council Review of a Classification Request Determination. If the Planning Director determines that the proposed land use is new and unlisted, the applicant may submit an application to the City Council to review the Planning Director’s determination, by following the procedure and paying a fee as set forth in MKZ 18.15.010 (B). An application for City Council Review of a Classification Request must be submitted within ten (10) business days of issuing a written Classification Request Determination from the Planning Director.
  1. The City Council shall schedule a public meeting to review the classification request within 60 days of filing a complete application for a City Council Review of a Classification Request Determination.
  2. The City Council shall apply the approval criteria for Classification Requests as set forth in MKZ 18.15.030 (J)(4).
  3. If the City Council approves the Classification Request, it shall designate an appropriate zone or zones for the proposed use and determine whether it is a conditional use or a permitted use.
  4. The Planning Director shall notify the applicant in writing of the City Council’s determination, and the reasons for their determination.
7. Appeal. An Appeal of the City Council’s determination shall follow the process as set forth in MKZ 18.04, Appeals.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 25-38 on 9/8/2025
Amended by Ord. 26-07 on 1/26/2026

18.15.040 Administrative Decisions - Nonconformities And Variances

Nonconformities Determination
1. Purpose. The purpose of this Section is to establish standards for a Nonconformities Determination regarding a use or property in Millcreek. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title.
2. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. A Nonconformities Determination is required prior to an application to expand or enlarge a noncomplying structure.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Nonconformities Determination applications.
4. Approval Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.60.
5. Submittal Requirements. Any person seeking a Nonconformities Determination shall submit a complete application, a completed Nonconformities Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Expansion or Enlargement of a Noncomplying Structure.

Purpose. The purpose of this Section is to establish standards for the expansion or enlargements of noncomplying structures in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.15-9.
Applicability. No person may expand or enlarge a noncomplying structure without first having the structure deemed noncompliant pursuant to and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.60, Nonconformities.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Expansion or Enlargement of a Noncomplying Structure applications.
7. Decision and Findings.
Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.60, Nonconformities.
Submittal Requirements. Any person seeking an Expansion or Enlargement of a Noncomplying Structure shall submit a complete application, a completed Expansion or Enlargement of a Noncomplying Structure Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Expiration. A permit to expand or enlarge a noncomplying structure pursuant to this part shall expire within one (1) year from the date of final approval if a building permit is not applied for within that time.

Table 18.15-9 Expansion or Enlargement of a Noncompliant Structure Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Land Use Hearing Officer Public Hearing	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Public Hearing	MKZ 18.13.060

Variances
1. Purpose. The purpose of this Section is to establish standards for requests for variances from the standards of this Code. Variances are intended to provide a means of relief from the requirements of this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Section 10-9a-701 et seq., Appeal authority required.
2. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, lease, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance, after receiving a final written administrative decision or interpretation of the land use requirement from the Planning Director. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, prior to scheduling a hearing to consider a variance request.
  1. Pre-Application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Decision and Findings. The Land Use Hearing Officer is the Land Use Authority for variance applications.
4. Approval Criteria.
  1. The LUHO may only grant a variance if:
    1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
    2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
    3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
    4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
    5. The spirit of the land use ordinance is observed and substantial justice is done.
  2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship unless the alleged hardship:
    1. Is located on or associated with the property for which the variance is sought; and
    2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
  3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship if the hardship is self-imposed or economic.
  4. In determining whether or not there are special circumstances attached to the property under Subsection (1)(a), the appeal authority may find that special circumstances exist only if the special circumstances:
    1. Relate to the hardship complained of; and
    2. Deprive the property of privileges granted to other properties in the same zone.
  5. The LUHO may impose conditions on an approval of a variance request to:
    1. Mitigate any harmful effects of the variance; or
    2. Serve the purpose of the standard or requirement that is waived or modified.
  6. The LUHO may not grant:
    1. A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate;
    2. A temporary variance; or
    3. A use variance.
5. Submittal Requirements. Any person seeking a variance shall submit a complete application, a completed Variance Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Burden of Proof. The applicant bears the burden of proving that all conditions justifying a variance have been met.
7. Expiration. Variances shall not expire.
8. Transferability. Variances shall run with the land.

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

25-12

26-07

25-38

Millcreek City Zoning Code

18.15 SPECIFIC

PROCEDURES BY APPLICATION CATEGORY AND TYPE

18.15.010 Legislative Decisions

General Plan and Future Land Use Map Adoption or Amendment

Purpose. The City Council may adopt or amend the General Plan and Future Land Use Map, including amending the number, shape, boundaries, or area of any designation on the Future Land Use Map. The purpose of this Section is to provide standards to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for General Plan and Future Land Use Map Adoptions or Amendments is set forth in Table 18.15-1.
Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Applications for General Plan and Future Land Use Map Adoption or Amendments shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act. No application may be filed by any property to amend any part of the general plan for a period of one year after adoption of such part of the general plan by the council.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Neighborhood Meeting
3. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with the application and shall follow the procedure as set forth in this chapter. If a Future Land Use Map Amendment is approved subject to a Development Agreement, the approval of the Future Land Use Map Amendment shall be made effective upon recording of an executed Development Agreement.
4. Application Completeness Review
5. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
6. Public Notice. Mailed notices are required as part of any future land use map amendment.
7. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation to the Land Use Authority; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for General Plan and Future Land Use Map Adoption or Amendment applications.
8. Decision.

Table 18.15-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to the first formal public engagement	MKZ 18.13.060

Disapproval of General Plan and Future Land Use Map Adoption or Amendment. Disapproval of an application to amend the general plan shall preclude the filing of another application to amend the general plan text in the same or similar manner or to amend the general plan map for any property, or any portion thereof, to the same land use designation within two years of the date of the final disapproval of the application unless the City Council finds that there has been a substantial change in the circumstances or other significant reasons since the disapproval of the application to merit consideration of a second application within the two-year time period, upon receiving a recommendation on the matter from the Planning Commission.

Land Use Code Text Amendment

Purpose. The City Council may amend the text of any land use ordinance. The purpose of this Section is to provide standards to amend the text of the Land Use Code. The Land Use Code Text Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-2.
Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. Applications for Land Use Code Text Amendments shall include the reasons or basis upon which the applicant believes the Land Use Code should be amended. Amendments to the Land Use Code shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Application Submittal. As the Planning Director determines, an associated Development Agreement may be required. A Development Agreement must be considered concurrently with a Land Use Text Amendment application and shall follow the procedure set forth in this chapter. If a Land Use Code Text Amendment is approved subject to a Development Agreement, the approval of the Land Use Code Text Amendment shall be made effective upon recording of an executed Development Agreement.
3. Application Completeness Review
4. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
5. Public Notice
6. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Land Use Code Text Amendment applications.
7. Decision.

Table 18.15-2 Land Use Code Text Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Zoning Map Amendment

Purpose. The City Council may amend the number, shape, boundaries, or area of any zone. The purpose of this Section is to provide standards to amend the boundaries of any zone district, or the zone classification of any property in a zone district. The Zoning Map Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-3.
Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. Zoning Map Amendment applications shall include the reasons or basis upon which the applicant believes the Zoning Map should be amended.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with a Zoning Map Amendment application and shall follow the procedure as set forth in this chapter. If a Zoning Map Amendment is approved subject to a Development Agreement, the approval of the Zoning Map Amendment shall be made effective upon recording of an executed Development Agreement.
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Zoning Map Amendment applications.
9. Decision.
Submittal Requirements. Any person seeking a Zoning Map Amendment shall submit a complete application, a completed Zoning Map Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Conditions to Zoning Map Amendment.

In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:
1. Uses;
2. Dwelling Unit Density;
3. Building Square Footage;
4. Height of Buildings or Structures
A zoning map amendment attaching any of the conditions set forth in subsection A shall be designated ZC after the zoning classification on the zoning map.

Table 18.15-3 Zoning Map Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Development Agreement
1. Purpose. The purpose of this Section is to provide standards for the consideration and adoption of Development Agreements as part of applications for Legislative Decisions. Development agreements are intended to stipulate specific unique details of a development proposal that exceed the standards of the Code, in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure.
2. Applicability. A Development Agreement is a voluntary agreement between Millcreek and the Applicant. A Development Agreement must be submitted concurrently with a land use application for a Legislative Decision, along with a completed Development Agreement Checklist.
3. Procedure. Approval of a Development Agreement shall follow the procedure for the relevant application type.
4. Minimum Standards. The Development Agreement shall include, at a minimum, the following:
  1. Site plans and building elevations.
  2. A detailed narrative of materials, design, uses, public and private amenities, landscaping, parking, lighting, signs, utilities, and any other detail that is relevant to the Development Agreement.
  3. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets Millcreek’s standards.
  4. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two (2) years of execution of the Development Agreement, or if the Development Agreement is not recorded within sixty (60) days of execution of the Agreement.
5. Submittal Requirements. Any person seeking a Development Agreement as part of a land use application for a Legislative Decision shall submit an additional fee as set forth in MKZ 18.13.040, Submittal Requirements in General, shall follow the application procedure and submittal requirements for the relevant application type, and shall submit and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

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

18.15.020 Administrative Decisions

Minor Subdivision

The purpose of this Section is to provide standards for Minor Subdivisions. Minor Subdivisions are intended to provide a streamlined review for small-scale projects with limited impact. A Minor Subdivision is required prior to issuance of a grading permit, if applicable, or building permit or other minor development activities. A summary of meeting and noticing requirements for applications Minor Subdivisions is set forth in Table 18.15-4.
Applicability. The minor subdivision procedure applies to a property creating or modifying three (3) lots or fewer. Plats involving four (4) or more lots are not eligible for the Minor Subdivision procedure.
Procedure. Unless noted otherwise, the following application steps are required, as set forth in MKZ 18.14, Land Use Application Steps.
1. Pre-application Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, Millcreek shall schedule it within fifteen (15) days to review the concept plan and give initial feedback.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal.
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review.
7. Public Notice.
8. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Minor Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The minor subdivision creates no more than three (3) lots in total.
2. The minor subdivision does not create remnant or otherwise unusable lots or parcels.
3. The minor subdivision is consistent with and complies with the requirements of the specific zoning district in which it is located.
4. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance to construct the use the lot is intended for.
5. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat.
6. The minor subdivision will not limit Millcreek’s ability to provide facilities or services effectively.
7. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use, unless the lot created for the purpose of dividing a legally-established two-household dwelling pursuant to the standards as set forth in MKZ 18.26.
Submittal Requirements. Any person seeking a Minor Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-4 Minor Subdivision Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Major Subdivision

The purpose of this Section is to provide standards for Major Subdivisions. Major subdivisions are intended to ensure lots and development conform with zoning regulations, and all applicable Millcreek standards. A summary of meeting and noticing requirements for applications for Major Subdivisions is set forth in Table 18.15-5.
Applicability. The major subdivision procedure is required for a proposed division of land when one (1) or more of the following conditions exist:
1. The resultant subdivision will produce four (4) or more lots; or
2. The subdivision is not otherwise eligible for approval as a Minor Subdivision.
Procedure Overview. Major Subdivisions require two (2) steps.
1. Preliminary Subdivision, which requires approval by the Planning Commission; and
2. Final Subdivision, which requires approval by the Planning Director.
Preliminary Subdivision Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, unless noted otherwise.
1. Pre-application Consultation. This is optional for Regular Residential Subdivisions and required for all other subdivisions.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice.
8. Formal Public Engagement. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for preliminary approval of Major Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Commission shall approve the request if:
1. The Preliminary Subdivision is consistent with and complies with the requirements of the specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements.
2. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or Development Agreements.
3. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards.
4. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive lands or geologic hazards associated with the property.
5. The Subdivision will not impair the ability of Millcreek or any public utility provider to provide facilities or services effectively.
6. The engineering drawings and subdivision improvement plans comply with all applicable standards of this Title and other applicable Millcreek and State requirements.
7. The Planning Commission may not approve a Preliminary Subdivision with a noncomplying structure or a structure occupied by a nonconforming use.
Submittal Requirements. Any person seeking a Major Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, all required engineering drawings and subdivision improvement plans, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Post Approval Action. Following Preliminary Subdivision approval, the Planning Director shall issue a timely written record of the decision, including any additional requirements of approval, along with a copy of the approved plat, plans, reports, and studies that were presented in the public meeting, as set forth in MKZ 18.14.100, Decision and Findings.
Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for twelve (12) months following the date of the Planning Commission approval. An approved Subdivision shall expire and be of no further force and effect if the subdivision or a phase of the subdivision has not been submitted within twelve (12) months after the date of the approval. In the case of phased Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six (6) months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to the expiration of the six (6) month period, the Planning Director may grant one extension of six (6) months as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.
Final Subdivision Approval. After the Planning Commission issues a preliminary approval of a Major Subdivision, the Planning Director shall commence a final compliance review of the subdivision application and shall issue a Final Subdivision Approval. The Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat based on the approval criteria in this section. The Planning Director shall confirm that:
1. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and
2. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements.
3. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
4. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
5. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
6. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-5 Major Subdivision Meeting and Noticing Requirements
Application Steps	Requirement	Code Reference
*Preliminary Subdivision*
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Neighborhood Meeting	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060
Final Subdivision
Pre-Application Consultation	Optional	MKZ 18.14.010
Concept Review	Optional	MKZ 18.14.020

Condominium Subdivisions, Condominium Conversions, and Condominium Vacations.
1. Purpose. The purpose of this Section is to provide standards for Condominium Subdivisions, Condominium Conversions, and Condominium Vacations as part of an application for a Major Subdivision, a Subdivision Amendment, or a Vacation of a Subdivision Plat. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, et seq. and shall follow the procedures as set forth in this Chapter, with additional requirements as set forth in Utah Code Section 57-8-101 et seq., as amended. Condominium Conversions are intended to allow for existing legally-established multiple-household dwelling developments, including legally-established three-household and four-household dwellings, to be converted into condominiums to promote affordable homeownership in Millcreek.
2. Applicability. Any application affecting a plat or property that is defined as a Condominium Plat or Condominium as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, is subject to the standards of this section.
3. Procedure. A Condominium Subdivision or Condominium Vacation shall follow the procedures for a Major Subdivision. Condominium Conversions shall follow the procedures for a Minor Subdivision, and the procedures set forth in this Section.
4. Condominium Conversion Submittal Requirements. Any person seeking a Condominium Conversion shall submit a complete Minor Subdivision application, completed Minor Subdivision Requirements and Condominium Conversions Checklists, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. Additionally, a Property Report must be submitted for any Minor Subdivision application for a Condominium Conversion, and the Property Report shall include the following requirements:
  1. A site plan indicating the layout of existing and proposed landscaping, parking, lighting, fencing, private and common areas, and amenities, by a licensed surveyor/engineer.
  2. The age of the building or buildings.
  3. The general condition, useful life, and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural components.
  4. All known conditions constituting deficiencies requiring repair to meet existing building codes.
  5. All known conditions which may require repair or replacement within the next succeeding five (5) year period.
  6. A statement from a third-party building inspector licensed to practice in the State of Utah stating that the structure or structures have been inspected for compliance with the International Building Code minimum standards. If the building inspector finds deficiencies, the applicant shall present plans to bring the structure or structures into conformity with said standards prior to the issuance of certificates of occupancy.
  7. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek.
5. Condominium Conversion Application Compliance Review Requirements. As part of an Application Compliance Review for an application for a Preliminary Major Subdivision, the Application Compliance Review shall include the following actions:
  1. Building Inspection Staff Review. Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the Planning Commission, the Chief Building Official or designee shall note corrections, repairs and replacements that must be made to bring the structures into code compliance, together with a list of renovation improvements proposed by the owner/developer that are not required by code. The Chief Building Official or designee shall also list any requirements of the International Building Code that needs consideration by the Board of Appeal due to unique circumstances associated with the structure. The Chief Building Official or designee may then recommend denial until existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval.
  2. Fire Marshal Review. The Fire Marshal shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its fire safety conditions. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report.
  3. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its conditions regarding municipal code compliance. Millcreek shall identify those conditions requiring improvement in the report prior to being issued final plat approval.
6. Public Notice – Additional Requirements for Condominium Conversions. In addition to the Public Notice requirements for Subdivisions as set forth in MKZ 18.13.060, Public Notice Requirements, the applicant for a Condominium Conversion shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice.
7. Approval Criteria for Condominium Conversions. The Planning Commission shall approve the request if it satisfies the Preliminary Approval Criteria for Minor Subdivisions as set forth in MKZ 18.15.020 (B). Any condominium conversion shall have a minimum of three (3) legal units or lots. One (1) or more single-household detached dwellings shall not be platted as a condominium development.
8. Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
  1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
  2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
  3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
  4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Subdivision Amendment for Minor Plat Adjustments

Purpose. The purpose of this Section is to provide standards for Subdivision Amendments that make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Subdivision Amendments for Minor Plat Adjustments is set forth in Table 18.15-6.
Applicability. A subdivision amendment may only be considered on approved subdivisions. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. Only an owner of land within a platted subdivision, as shown on property records at the office of the County Recorder, may petition the City in writing to amend, alter or vacate any portion of a subdivision.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Subdivision Amendment applications.
7. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The amended plat is in substantial conformance with the original approved subdivision.
2. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels.
3. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder.
4. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use.
5. The amended plat complies with all other applicable requirements of this Code, Utah Code Section 10-9a-608, and regulations and standards.
6. All proposed vacations, alterations or amendments of subdivision plats must meet the review requirements outlined in this chapter and the requirements of the individual zone in which the subdivision is proposed.
Submittal Requirements. Any person seeking a Subdivision Amendment for Minor Plat Adjustments shall submit a complete application, a completed Subdivision Requirements Checklist, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-6 Subdivision Amendment for Minor Plat Adjustments Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	Affected Property Owners	MKZ 18.13.060 MKZ 18.97
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Boundary Adjustment
1. Purpose. The purpose of this Section is to provide standards for agreements between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
  1. Simple Boundary Adjustment. An applicant may propose a simple boundary adjustment by submitting a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment.
    1. Applicability. A simple boundary adjustment may not affect a public right-of-way, municipal utility easement, or other public property; an existing easement, onsite wastewater system, or an internal lot restriction; or result in a lot or parcel out of conformity with land use regulations, including a lot or parcel that crosses a zone district boundary. If an application for a simple boundary adjustment does not meet these requirements, then a full boundary adjustment is required.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use application Steps, are required.
      1. Application Submittal.
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of simple boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request if it meets the requirements of this section by issuing a Notice of Consent that states the City is not responsible for any error related to the simple boundary adjustment and the county recorder may record the simple boundary adjustment.
    4. Submittal Requirements. Any person seeking a simple boundary adjustment shall submit a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved simple boundary adjustment for recording within six (6) months after the date of the approval letter shall void the approval and the applicant shall be required to submit a new simple boundary adjustment application. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one exception as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
  2. Full Boundary Adjustment. An applicant may propose a full boundary adjustment by submitting a written request by the adjoining property owners that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b).
    1. Applicability. A full boundary adjustment is a boundary adjustment that is not a simple boundary adjustment.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
      1. Application Submittal. Application submittal shall include a survey that complies with Utah Code Section 57-1-45.5(3)(b).
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of full boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request for a full boundary adjustment if the proposal includes all the necessary information and the survey that complies with Utah Code Section 57-1-45.5(3)(b) and that shows no evidence of a violation of a land use regulation or the creation of a lot or parcel that crosses a zone district boundary by issuing a Notice of Consent that states the City is not responsible for any error related to the full boundary adjustment and the county recorder may record the boundary adjustment.
    4. Submittal Requirements. Any person seeking a full boundary adjustment shall submit a written request that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b), a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform Staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved full boundary adjustment for recording within six (6) months after the date of the Notice of Consent shall void the approval and the applicant shall be required to submit a new full boundary adjustment. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Vacating a Subdivision Plat. The vacation of a subdivision plat shall comply with the requirements as set forth in, and shall follow the process as outlined below:
1. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process.
2. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process.
3. The City Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance as set forth in Utah Code Section 10-9a-609, Land use authority approval of vacation or amendment of plat -- Recording the amended plat.

Public Street or Municipal Utility Easement Vacation

Purpose. The purpose of this Section is to provide standards for the vacation of public streets or municipal utility easements. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, if Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-7.
Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the City Council may approve a petition to vacate a public street or municipal utility easement by ordinance.
Procedure – Public Street or Municipal Utility Easement Vacation By Plat. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps:
1. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the City Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement.
2. Public Notice shall follow the process as set forth in MKZ 18.13.060, Public Notice Requirements.
3. A public hearing shall follow the process as set forth in MKZ 18.13.050, Formal Public Engagement Requirements.
4. If the filing of a subdivision plat accompanies a vacation of a public street or municipal utility easement, the final decision on the plat shall be withheld until the City Council issues a decision regarding the vacation of a public street or municipal utility easement.
Procedure – Public Street or Municipal Utility Easement Vacation by Ordinance. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code Section 10-9a-609.5, Petition to vacate a public street, and shall follow the procedure as set forth below:
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Public Street or Municipal Utility Easement Vacation applications.
9. Decision and Findings
Approval Criteria. Public streets or municipal utility easements may not be vacated unless the following criteria are met:
1. The vacation does not deprive abutting properties of adequate legal access to existing or proposed public utilities or drainage installations;
2. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan;
3. The land to be vacated is no longer necessary for public use and convenience;
4. The right-of-way is no longer needed for public transportation purposes;
5. The vacation will not adversely impact the use of the right-of-way for public utility and/or drainage purposes;
6. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate legal access;
7. The vacation will not adversely impact the health, safety, and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service;
8. The vacation satisfies the requirements of MKC 14.52;
9. Good cause exists for the vacation; and
10. The public interest or any person will not be materially injured by the proposed vacation.
Submittal Requirements. Any person seeking a Public Street or Municipal Utility Easement Vacation shall submit a complete application, a completed Public Street or Municipal Utility Easement Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Table 18.15-7 Public Street and Municipal Utility Easement Vacation Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.14.060
Mailed Noticing Requirement for Property Owners – Distance	Each property that is accessed by the public street of municipal utility easement.	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Planning Commission Public Hearing	MKZ 18.13.060

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

18.15.030 Administrative Decisions - Other Land Use Decisions

Conditional Use Permit

Purpose. The purpose of this Section is to provide standards for Conditional Use Permits, which are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to identify reasonably anticipated detrimental effects and impose reasonable conditions on a use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety, and welfare of Millcreek. A summary of meeting and noticing requirements for applications for Conditional Use Permits is set forth in Table 18.15-8.
Applicability. A Conditional Use Permit is required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. A Conditional Use Permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure will also require a site plan approval as set forth in MKZ 18.15.030 (B).
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. As part of an application compliance review, the Planning Director may:
  1. Provide the application to other City departments for review and comment as may be required by this Code, as necessary for complete review of the application, or as necessary to identify and understand the potential detrimental effects of the proposed conditional use; and
  2. require other information or studies to address potential detrimental effects of the proposed conditional use that have been reasonably anticipated by the City during its review of the application.
7. Upon completion of the review, the Planning Director shall make a recommendation.
8. Public Notice
9. Formal Public Engagement, the Planning Commission shall hold a public meeting and shall be the Land Use Authority for Conditional Use Permit applications.
10. Decision and Findings
Approval Criteria. The Planning Commission shall consider the following criteria in reviewing all conditional use applications:
1. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Statutes, as applicable to the use and to the site where the conditional use will be located; and
2. The Land Use Authority shall approve a Conditional Use Permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include:
  1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, parking lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
  2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers.
  3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
  4. Detrimental effects of the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including effects of environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects of the use may include hours of operation and the potential to create an attractive nuisance.
  5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists.
  6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
  7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
  8. Detrimental effects on emergency fire service and emergency vehicle access.
  9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
  10. Detrimental effects from inadequate maintenance of the property and structures in perpetuity, including performance measures, compliance reviews, and monitoring.
  11. Detrimental effects of excessive storm water generation.
Conditions of Approval. Unless otherwise specified in this Code or Utah Code Section 10-9a-507, Conditional Uses, the Planning Commission shall approve all conditional use applications with objective standards as set forth in the Land Use Code. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. All conditional uses are presumed to be compatible with the zone and the General Plan’s intent.
Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use.
Submittal Requirements. Any person seeking a Conditional Use Permit shall submit a complete application, a completed Conditional Use Permit Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the LUHO, the LUHO shall determine if there is a failure to comply with a condition of the approved Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with the condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit.
Expiration. A Conditional Use Permit granted pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit.
Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to the expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.

Transferability. Conditional Use Permits shall run with the land.

Table 18.15-8 Conditional Use Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Site Plan Approval
1. Purpose. The purpose of this Section is to establish standards for Site Plan Approvals for Permitted Use approvals that are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. Building permits may not be obtained nor shall any site work be performed prior to site plan approval.
2. Applicability. A Site Plan Approval is required under the following circumstances:
  1. Property development, redevelopment, construction, reconstruction, or alteration of a building or structure, except for attached or detached single or two-household dwellings that are located in a recorded subdivision and that are not in a sensitive lands area.
  2. Review of a permitted use approval, a conditional use permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure, or a request for reasonable accommodation for a group home or residential facility for Persons With a Disability, subject to the standards as set forth in MKZ 18.74, Residential Facilities for Persons With a Disability.
  3. Changes or alterations to an existing site plan or structure that does not otherwise qualify for a Minor Site Plan Amendment.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Concept Review.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings. The Planning Director shall be the Land Use Authority for Site Plan Approval applications for permitted uses. The Planning Commission shall be the Land Use Authority for Site Plan Approval for conditional uses.
4. Approval Criteria. Once all application submittal requirements have been met, the Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including but not limited to:
  1. Dedication of a public right-of-way for the public street on which the property fronts.
  2. Dedication of public utility or drainage easements necessary for the development.
  3. Construction of public right-of-way improvements abutting the property or the deferral of said improvements as set forth in MKC 14.12.100.
5. Submittal Requirements. Any person seeking a Site Plan Approval for Permitted Uses shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one, six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Change of Use Permit.
1. Purpose. The purpose of this Section is to establish standards for Change of Use Permits, which are intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use complies with all applicable standards. When an existing property changes from a permitted use classification established in this Title to a use classification that is established in this Title as a conditional use, the applicant shall obtain a Conditional Use Permit following the procedures as set forth in MKZ 18.15.030 (A).
2. Applicability. A Change of Use Permit is required when any existing property changes from one use classification established in this Title to another use classification established in this Title.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal
  2. Application Completeness Review
  3. Application Compliance Review
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Change of Use applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The new use is permitted in the governing zoning district; and
  2. The new use complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Change of Use Permit shall submit a complete application, a completed Change of Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Minor Site Plan Amendment
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for Minor Site Plan Amendments, which allow for minor changes to approved site plans for conditional and permitted uses.
2. Applicability. An applicant who has obtained a site plan that has been previously approved may apply for a Minor Site Plan Amendment approval for minor changes to the site plan, subject to the approval criteria as set forth in this section.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Minor Site Plan Amendment applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The proposed change does not significantly alter the site plan’s approved access, circulation, or layout.
  2. The proposed changes do not increase the number of residential units.
  3. The proposed change does not expand the floor area of a building, structure, or oval site by more than ten percent (10%).
  4. The proposed change complies with all applicable requirements of the Code and other relevant Millcreek and State regulations.
  5. The proposed change does not affect any required mitigations or violate any conditions of approval for a Conditional Use Permit.
  6. The amended site plan complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Minor Site Plan Amendment shall submit a complete application, a completed Minor Site Plan Amendment Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Compliance Determination for an Accessory Dwelling Unit.
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for a Compliance Determination for an Accessory Dwelling Unit, which allows a property owner to determine if an accessory dwelling unit complies with applicable standards.
2. Applicability. A property owner of a single-household dwelling with an existing Accessory Dwelling Unit on the property may apply for a Compliance Determination for an Accessory Dwelling Unit.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Compliance Determination for Accessory Dwelling Unit applications.
4. Approval Criteria. The Planning Director shall issue a Compliance Determination if the Accessory Dwelling Unit complies with all applicable provisions of this Code, particularly MKZ 18.71, Accessory Dwelling Unit Standards, and other applicable Millcreek policies, including the following:
  1. The Accessory Dwelling Unit is on a residential property that contains a single-household dwelling.
  2. The Accessory Dwelling Unit is on a residential property that is owner-occupied.
5. Submittal Requirements. Any person seeking a Compliance Determination for an Accessory Dwelling Unit shall submit a complete application, a completed Compliance Determination for an Accessory Dwelling Unit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, proof of owner occupancy, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision, and proof of owner occupancy in the form of a document from at least two of the following categories that show the applicant’s name and the address of the property for which a Compliance Determination for an Accessory Dwelling Unit is being applied.
  1. Utility bill, dated within the last sixty (60) days;
  2. Correspondence from any government agency that shows the home address, dated within the last sixty (60) days;
  3. A voter registration card dated within the last calendar year;
  4. A social security statement, dated within the last sixty (60) days;
  5. A bank statement dated within the last sixty (60) days;
  6. Automobile registration documentation dated within the last calendar year;
  7. Income tax forms dated from the most recent tax filing period;
  8. Insurance documentation or insurance bill dated within the last calendar year that shows home address;
  9. Current active business license or permit issued by Millcreek or a state or federal agency that shows home address;
  10. College or school correspondence that shows home address, dated within the last sixty (60) days;
  11. W-2 from the most recent tax filing period;
  12. Official payroll documentation that includes home address issued by an employer within the last sixty (60) days, such as a pay stub with home address, a form submitted for tax withholding purposes, or a payroll receipt;
6. Discontinuance and Termination of Right. If a Compliance Determination for an Accessory Dwelling Unit is issued pursuant to this section is abandoned or discontinued for a period of six (6) continuous months, or if the single-household dwelling ceases to be owner-occupied, the compliance review shall be considered expired. Prior to the expiration of the Compliance Determination for an Accessory Dwelling Unit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Determination if no changes to the application are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.
7. Transferability. Compliance Determinations for an Accessory Dwelling Unit run with the land, provided that the single-household dwelling is owner-occupied.
Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability
1. Purpose. The purpose of this Section is to establish standards for applications for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability in a manner that balances local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood.
2. Applicability. Any person or entity seeking a reasonable accommodation to exceed the residential occupancy limits established in any zone for a residential facility for Persons With a Disability shall apply for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability. Applicants have the burden of providing sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone.
3. Procedure. An application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the procedure for a Site Plan Approval for Permitted Uses as set forth in this chapter.
4. Approval Criteria. The Planning Director shall consider the following in making a Reasonable Accommodation Determination for a Residential Facility For Persons With a Disability:
  1. The facility meets or will meet all program, physical facility, and licensure requirements of the Utah Department of Health and Human Services.
  2. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing, and zoning requirements.
  3. The facility shall not house persons who are involuntarily residing there or who are residing there as part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.
  4. The applicant provides sufficient evidence that the requested accommodation is necessary to provide disabled individuals with reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information about the facility’s history, management, financial feasibility, and therapeutic benefits, and applicable law.
  5. The zoning ordinance applicable to the property.
  6. The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted.
  7. Whether or not the accommodation will be an undue burden or expense to the City.
  8. The extent to which the accommodation will or will not benefit the applicant.
  9. The extent to which the accommodation will or will not benefit the community.
  10. Whether or not the accommodation fundamentally alters the Citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood.
  11. Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying.
  12. Whether or not, without the accommodation, similar housing is available in the City for the applicant or group of applicants.
  13. The anticipated impact of the requested accommodation on the immediate neighborhood.
  14. The requirements of applicable federal and state laws and regulations.
5. Submittal Requirements. Any person seeking a Reasonable Accommodation Determination For A Residential Facility For Persons With a Disability shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a completed Reasonable Accommodation Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and the following additional information:
  1. The specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested.
  2. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act.
  3. An analysis based on evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling.
  4. The number of residents and employees who will have vehicles on the property and a site plan showing where the vehicles will be parked.
  5. Whether the owner/operator of the Residential Facility For Persons With a Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to the health or safety of other persons, or substantial physical damage to the property of others.
  6. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services.
  7. The category of state licensure that the Residential Facility for Persons With a Disability will have.
  8. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability.
6. Expiration. A Reasonable Accommodation Determination for a Residential Facility for Persons With a Disability that is issued pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining the required state licensure and a Millcreek business license.
7. Transferability. Reasonable Accommodation Determinations for Residential Facility are nontransferable. A new Reasonable Accommodation Determination is required if any ownership changes, changes occur in the maximum occupancy, changes occur in the licensing or disability classification under state or federal law, or the facility remodels or expands.
8. Termination. A use permitted by this shall be subject to revocation by the appropriate land use or licensing authority if:
  1. The facility is devoted to a use other than a residential facility for Persons With a Disability;
  2. The facility exceeds the maximum number of residents specified and approved in the Reasonable Accommodation Determination, or changes the disability classification under state or federal law, or remodels or expands without first applying for and receiving an additional Reasonable Accommodation Determination;
  3. The facility is not licensed by the Utah Department of Health and Human Services, or if a license is revoked; or
  4. An appropriate authority has determined that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood.
Eligible Facility Request (EFR) for a Wireless Telecommunications Facility.
1. Purpose. The purpose of this section is to establish standards for eligible facility requests (EFR) for wireless telecommunications facilities to ensure that such requests are in conformance with federal law with Millcreek’s requirements for wireless telecommunications facilities.
2. Applicability. An EFR is required for any modification of an existing wireless telecommunications facility that does not substantially change the physical dimensions of a tower or base station.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review. The City shall comply with all applicable shot clocks when reviewing an EFR application.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for EFRs.
4. Approval Criteria. The Planning Director shall approve the EFR if it complies with all applicable provisions of this Code and federal law, including the following:
  1. The proposed EFR complies with standards as set forth in MKZ 18.75.100.
  2. The proposed EFR does not result in a substantial change to the physical dimensions of an eligible support structure.
5. Submittal Requirements. Any person seeking an EFR shall submit a complete application, a completed Eligibility Facilities Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Sign Permit
1. Purpose. The purpose of this Section is to establish standards for Sign Permits, to ensure that that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code.
2. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.65, Signs.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Sign Permit applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed signage complies with the requirements as set forth in MKZ 18.65, Signs, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Sign Permit shall submit a complete application, a completed Sign Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A sign permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit, if a building permit is required.
7. Transferability. Sign permits shall run with the land.
Temporary Use Permit
1. Purpose. The purpose of this section is to establish standards for Temporary Use Permits, which are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code.
2. Applicability. A Temporary Use Permit is required when a temporary use as set forth in MKZ 18.58, Temporary Uses and Structures, is intended to be placed on a property in Millcreek.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Temporary Use applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use complies with the requirements of the zoning district in which the use is located, the requirements as set forth in MKZ 18.58, Temporary Uses and Structures, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Temporary Use Permit shall submit a complete application, a completed Temporary Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A Temporary Use Permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Classification Request
1. Purpose. The purpose of this Section is to establish standards for Classification Requests to determine whether a proposed land use aligns with an existing land use specified in this Code in a manner compliant with state statute.
2. Applicability. An applicant may formally request a Classification Request. Classification Requests are limited to those land uses for which a Millcreek business license is required.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Pre-application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings.
    1. The Planning Director shall be the Land Use Authority for Classification Requests.
    2. The City Council shall be the Land Use Authority for Reviews of Classification Requests.
4. Approval Criteria. The Planning Director shall find that a proposed land use aligns with an existing land use specified in this Code, if the proposed land use complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The applicant provided sufficient evidence demonstrating that the proposed land use complies with the zone district’s development standards, including but not limited to parking and vehicular access requirements, inventory storage, lighting, noise, and landscaping.
  2. The proposed land use is substantially similar to the uses allowed in that district and is more comparable to such uses than those uses allowed in a less restrictive district.
  3. If the proposed use is most similar to a conditional use authorized in the zone district in which it is proposed to be located, any Classification Request Determination for such use shall require that it may be approved only as a conditional use.
  4. The proposed use is consistent with the purpose statement of the underlying zoning district.
  5. The proposed land use requires a Millcreek business license.
5. Submittal Requirements. Any person seeking a Classification Request shall submit a complete application, a completed Classification Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. As part of an application for a Classification Request, the Planning Director may require the submittal studies or plans following the procedure as set forth in MKZ 18.69, Required Studies and Plans.
6. City Council Review of a Classification Request Determination. If the Planning Director determines that the proposed land use is new and unlisted, the applicant may submit an application to the City Council to review the Planning Director’s determination, by following the procedure and paying a fee as set forth in MKZ 18.15.010 (B). An application for City Council Review of a Classification Request must be submitted within ten (10) business days of issuing a written Classification Request Determination from the Planning Director.
  1. The City Council shall schedule a public meeting to review the classification request within 60 days of filing a complete application for a City Council Review of a Classification Request Determination.
  2. The City Council shall apply the approval criteria for Classification Requests as set forth in MKZ 18.15.030 (J)(4).
  3. If the City Council approves the Classification Request, it shall designate an appropriate zone or zones for the proposed use and determine whether it is a conditional use or a permitted use.
  4. The Planning Director shall notify the applicant in writing of the City Council’s determination, and the reasons for their determination.
7. Appeal. An Appeal of the City Council’s determination shall follow the process as set forth in MKZ 18.04, Appeals.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 25-38 on 9/8/2025
Amended by Ord. 26-07 on 1/26/2026

18.15.040 Administrative Decisions - Nonconformities And Variances

Nonconformities Determination
1. Purpose. The purpose of this Section is to establish standards for a Nonconformities Determination regarding a use or property in Millcreek. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title.
2. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. A Nonconformities Determination is required prior to an application to expand or enlarge a noncomplying structure.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Nonconformities Determination applications.
4. Approval Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.60.
5. Submittal Requirements. Any person seeking a Nonconformities Determination shall submit a complete application, a completed Nonconformities Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Expansion or Enlargement of a Noncomplying Structure.

Purpose. The purpose of this Section is to establish standards for the expansion or enlargements of noncomplying structures in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.15-9.
Applicability. No person may expand or enlarge a noncomplying structure without first having the structure deemed noncompliant pursuant to and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.60, Nonconformities.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Expansion or Enlargement of a Noncomplying Structure applications.
7. Decision and Findings.
Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.60, Nonconformities.
Submittal Requirements. Any person seeking an Expansion or Enlargement of a Noncomplying Structure shall submit a complete application, a completed Expansion or Enlargement of a Noncomplying Structure Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Table 18.15-9 Expansion or Enlargement of a Noncompliant Structure Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Land Use Hearing Officer Public Hearing	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Public Hearing	MKZ 18.13.060

Variances
1. Purpose. The purpose of this Section is to establish standards for requests for variances from the standards of this Code. Variances are intended to provide a means of relief from the requirements of this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Section 10-9a-701 et seq., Appeal authority required.
2. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, lease, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance, after receiving a final written administrative decision or interpretation of the land use requirement from the Planning Director. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, prior to scheduling a hearing to consider a variance request.
  1. Pre-Application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Decision and Findings. The Land Use Hearing Officer is the Land Use Authority for variance applications.
4. Approval Criteria.
  1. The LUHO may only grant a variance if:
    1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
    2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
    3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
    4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
    5. The spirit of the land use ordinance is observed and substantial justice is done.
  2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship unless the alleged hardship:
    1. Is located on or associated with the property for which the variance is sought; and
    2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
  3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship if the hardship is self-imposed or economic.
  4. In determining whether or not there are special circumstances attached to the property under Subsection (1)(a), the appeal authority may find that special circumstances exist only if the special circumstances:
    1. Relate to the hardship complained of; and
    2. Deprive the property of privileges granted to other properties in the same zone.
  5. The LUHO may impose conditions on an approval of a variance request to:
    1. Mitigate any harmful effects of the variance; or
    2. Serve the purpose of the standard or requirement that is waived or modified.
  6. The LUHO may not grant:
    1. A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate;
    2. A temporary variance; or
    3. A use variance.
5. Submittal Requirements. Any person seeking a variance shall submit a complete application, a completed Variance Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Burden of Proof. The applicant bears the burden of proving that all conditions justifying a variance have been met.
7. Expiration. Variances shall not expire.
8. Transferability. Variances shall run with the land.

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

25-12

26-07

25-38

Millcreek City Zoning Code

18.15 SPECIFIC

PROCEDURES BY APPLICATION CATEGORY AND TYPE

18.15.010 Legislative Decisions

General Plan and Future Land Use Map Adoption or Amendment

Purpose. The City Council may adopt or amend the General Plan and Future Land Use Map, including amending the number, shape, boundaries, or area of any designation on the Future Land Use Map. The purpose of this Section is to provide standards to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for General Plan and Future Land Use Map Adoptions or Amendments is set forth in Table 18.15-1.
Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Applications for General Plan and Future Land Use Map Adoption or Amendments shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act. No application may be filed by any property to amend any part of the general plan for a period of one year after adoption of such part of the general plan by the council.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Neighborhood Meeting
3. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with the application and shall follow the procedure as set forth in this chapter. If a Future Land Use Map Amendment is approved subject to a Development Agreement, the approval of the Future Land Use Map Amendment shall be made effective upon recording of an executed Development Agreement.
4. Application Completeness Review
5. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
6. Public Notice. Mailed notices are required as part of any future land use map amendment.
7. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation to the Land Use Authority; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for General Plan and Future Land Use Map Adoption or Amendment applications.
8. Decision.

Table 18.15-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to the first formal public engagement	MKZ 18.13.060

Disapproval of General Plan and Future Land Use Map Adoption or Amendment. Disapproval of an application to amend the general plan shall preclude the filing of another application to amend the general plan text in the same or similar manner or to amend the general plan map for any property, or any portion thereof, to the same land use designation within two years of the date of the final disapproval of the application unless the City Council finds that there has been a substantial change in the circumstances or other significant reasons since the disapproval of the application to merit consideration of a second application within the two-year time period, upon receiving a recommendation on the matter from the Planning Commission.

Land Use Code Text Amendment

Purpose. The City Council may amend the text of any land use ordinance. The purpose of this Section is to provide standards to amend the text of the Land Use Code. The Land Use Code Text Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-2.
Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. Applications for Land Use Code Text Amendments shall include the reasons or basis upon which the applicant believes the Land Use Code should be amended. Amendments to the Land Use Code shall comply with the procedures set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Application Submittal. As the Planning Director determines, an associated Development Agreement may be required. A Development Agreement must be considered concurrently with a Land Use Text Amendment application and shall follow the procedure set forth in this chapter. If a Land Use Code Text Amendment is approved subject to a Development Agreement, the approval of the Land Use Code Text Amendment shall be made effective upon recording of an executed Development Agreement.
3. Application Completeness Review
4. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
5. Public Notice
6. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Land Use Code Text Amendment applications.
7. Decision.

Table 18.15-2 Land Use Code Text Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Zoning Map Amendment

Purpose. The City Council may amend the number, shape, boundaries, or area of any zone. The purpose of this Section is to provide standards to amend the boundaries of any zone district, or the zone classification of any property in a zone district. The Zoning Map Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-3.
Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. Zoning Map Amendment applications shall include the reasons or basis upon which the applicant believes the Zoning Map should be amended.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with a Zoning Map Amendment application and shall follow the procedure as set forth in this chapter. If a Zoning Map Amendment is approved subject to a Development Agreement, the approval of the Zoning Map Amendment shall be made effective upon recording of an executed Development Agreement.
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Zoning Map Amendment applications.
9. Decision.
Submittal Requirements. Any person seeking a Zoning Map Amendment shall submit a complete application, a completed Zoning Map Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Conditions to Zoning Map Amendment.

In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:
1. Uses;
2. Dwelling Unit Density;
3. Building Square Footage;
4. Height of Buildings or Structures
A zoning map amendment attaching any of the conditions set forth in subsection A shall be designated ZC after the zoning classification on the zoning map.

Table 18.15-3 Zoning Map Amendment Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.13.060
Mailed Noticing Requirement for Property Owners – Distance	600 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Development Agreement
1. Purpose. The purpose of this Section is to provide standards for the consideration and adoption of Development Agreements as part of applications for Legislative Decisions. Development agreements are intended to stipulate specific unique details of a development proposal that exceed the standards of the Code, in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure.
2. Applicability. A Development Agreement is a voluntary agreement between Millcreek and the Applicant. A Development Agreement must be submitted concurrently with a land use application for a Legislative Decision, along with a completed Development Agreement Checklist.
3. Procedure. Approval of a Development Agreement shall follow the procedure for the relevant application type.
4. Minimum Standards. The Development Agreement shall include, at a minimum, the following:
  1. Site plans and building elevations.
  2. A detailed narrative of materials, design, uses, public and private amenities, landscaping, parking, lighting, signs, utilities, and any other detail that is relevant to the Development Agreement.
  3. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets Millcreek’s standards.
  4. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two (2) years of execution of the Development Agreement, or if the Development Agreement is not recorded within sixty (60) days of execution of the Agreement.
5. Submittal Requirements. Any person seeking a Development Agreement as part of a land use application for a Legislative Decision shall submit an additional fee as set forth in MKZ 18.13.040, Submittal Requirements in General, shall follow the application procedure and submittal requirements for the relevant application type, and shall submit and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

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

18.15.020 Administrative Decisions

Minor Subdivision

The purpose of this Section is to provide standards for Minor Subdivisions. Minor Subdivisions are intended to provide a streamlined review for small-scale projects with limited impact. A Minor Subdivision is required prior to issuance of a grading permit, if applicable, or building permit or other minor development activities. A summary of meeting and noticing requirements for applications Minor Subdivisions is set forth in Table 18.15-4.
Applicability. The minor subdivision procedure applies to a property creating or modifying three (3) lots or fewer. Plats involving four (4) or more lots are not eligible for the Minor Subdivision procedure.
Procedure. Unless noted otherwise, the following application steps are required, as set forth in MKZ 18.14, Land Use Application Steps.
1. Pre-application Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, Millcreek shall schedule it within fifteen (15) days to review the concept plan and give initial feedback.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal.
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review.
7. Public Notice.
8. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Minor Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The minor subdivision creates no more than three (3) lots in total.
2. The minor subdivision does not create remnant or otherwise unusable lots or parcels.
3. The minor subdivision is consistent with and complies with the requirements of the specific zoning district in which it is located.
4. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance to construct the use the lot is intended for.
5. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat.
6. The minor subdivision will not limit Millcreek’s ability to provide facilities or services effectively.
7. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use, unless the lot created for the purpose of dividing a legally-established two-household dwelling pursuant to the standards as set forth in MKZ 18.26.
Submittal Requirements. Any person seeking a Minor Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-4 Minor Subdivision Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Major Subdivision

The purpose of this Section is to provide standards for Major Subdivisions. Major subdivisions are intended to ensure lots and development conform with zoning regulations, and all applicable Millcreek standards. A summary of meeting and noticing requirements for applications for Major Subdivisions is set forth in Table 18.15-5.
Applicability. The major subdivision procedure is required for a proposed division of land when one (1) or more of the following conditions exist:
1. The resultant subdivision will produce four (4) or more lots; or
2. The subdivision is not otherwise eligible for approval as a Minor Subdivision.
Procedure Overview. Major Subdivisions require two (2) steps.
1. Preliminary Subdivision, which requires approval by the Planning Commission; and
2. Final Subdivision, which requires approval by the Planning Director.
Preliminary Subdivision Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, unless noted otherwise.
1. Pre-application Consultation. This is optional for Regular Residential Subdivisions and required for all other subdivisions.
2. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.
3. Application Submittal
4. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050.
5. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10-9a-604.2.
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice.
8. Formal Public Engagement. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for preliminary approval of Major Subdivision applications.
9. Decision and Findings.
Approval Criteria. The Planning Commission shall approve the request if:
1. The Preliminary Subdivision is consistent with and complies with the requirements of the specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements.
2. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or Development Agreements.
3. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards.
4. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive lands or geologic hazards associated with the property.
5. The Subdivision will not impair the ability of Millcreek or any public utility provider to provide facilities or services effectively.
6. The engineering drawings and subdivision improvement plans comply with all applicable standards of this Title and other applicable Millcreek and State requirements.
7. The Planning Commission may not approve a Preliminary Subdivision with a noncomplying structure or a structure occupied by a nonconforming use.
Submittal Requirements. Any person seeking a Major Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, all required engineering drawings and subdivision improvement plans, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Post Approval Action. Following Preliminary Subdivision approval, the Planning Director shall issue a timely written record of the decision, including any additional requirements of approval, along with a copy of the approved plat, plans, reports, and studies that were presented in the public meeting, as set forth in MKZ 18.14.100, Decision and Findings.
Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for twelve (12) months following the date of the Planning Commission approval. An approved Subdivision shall expire and be of no further force and effect if the subdivision or a phase of the subdivision has not been submitted within twelve (12) months after the date of the approval. In the case of phased Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six (6) months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to the expiration of the six (6) month period, the Planning Director may grant one extension of six (6) months as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14.12.070.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.
Final Subdivision Approval. After the Planning Commission issues a preliminary approval of a Major Subdivision, the Planning Director shall commence a final compliance review of the subdivision application and shall issue a Final Subdivision Approval. The Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat based on the approval criteria in this section. The Planning Director shall confirm that:
1. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and
2. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements.
3. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
4. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
5. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
6. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-5 Major Subdivision Meeting and Noticing Requirements
Application Steps	Requirement	Code Reference
*Preliminary Subdivision*
Pre-Application Consultation	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.010
Concept Review	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.020
Neighborhood Meeting	Optional for Regular Residential Subdivisions. Required for all other Subdivisions.	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060
Final Subdivision
Pre-Application Consultation	Optional	MKZ 18.14.010
Concept Review	Optional	MKZ 18.14.020

Condominium Subdivisions, Condominium Conversions, and Condominium Vacations.
1. Purpose. The purpose of this Section is to provide standards for Condominium Subdivisions, Condominium Conversions, and Condominium Vacations as part of an application for a Major Subdivision, a Subdivision Amendment, or a Vacation of a Subdivision Plat. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, et seq. and shall follow the procedures as set forth in this Chapter, with additional requirements as set forth in Utah Code Section 57-8-101 et seq., as amended. Condominium Conversions are intended to allow for existing legally-established multiple-household dwelling developments, including legally-established three-household and four-household dwellings, to be converted into condominiums to promote affordable homeownership in Millcreek.
2. Applicability. Any application affecting a plat or property that is defined as a Condominium Plat or Condominium as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, is subject to the standards of this section.
3. Procedure. A Condominium Subdivision or Condominium Vacation shall follow the procedures for a Major Subdivision. Condominium Conversions shall follow the procedures for a Minor Subdivision, and the procedures set forth in this Section.
4. Condominium Conversion Submittal Requirements. Any person seeking a Condominium Conversion shall submit a complete Minor Subdivision application, completed Minor Subdivision Requirements and Condominium Conversions Checklists, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. Additionally, a Property Report must be submitted for any Minor Subdivision application for a Condominium Conversion, and the Property Report shall include the following requirements:
  1. A site plan indicating the layout of existing and proposed landscaping, parking, lighting, fencing, private and common areas, and amenities, by a licensed surveyor/engineer.
  2. The age of the building or buildings.
  3. The general condition, useful life, and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural components.
  4. All known conditions constituting deficiencies requiring repair to meet existing building codes.
  5. All known conditions which may require repair or replacement within the next succeeding five (5) year period.
  6. A statement from a third-party building inspector licensed to practice in the State of Utah stating that the structure or structures have been inspected for compliance with the International Building Code minimum standards. If the building inspector finds deficiencies, the applicant shall present plans to bring the structure or structures into conformity with said standards prior to the issuance of certificates of occupancy.
  7. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek.
5. Condominium Conversion Application Compliance Review Requirements. As part of an Application Compliance Review for an application for a Preliminary Major Subdivision, the Application Compliance Review shall include the following actions:
  1. Building Inspection Staff Review. Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the Planning Commission, the Chief Building Official or designee shall note corrections, repairs and replacements that must be made to bring the structures into code compliance, together with a list of renovation improvements proposed by the owner/developer that are not required by code. The Chief Building Official or designee shall also list any requirements of the International Building Code that needs consideration by the Board of Appeal due to unique circumstances associated with the structure. The Chief Building Official or designee may then recommend denial until existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval.
  2. Fire Marshal Review. The Fire Marshal shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its fire safety conditions. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report.
  3. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its conditions regarding municipal code compliance. Millcreek shall identify those conditions requiring improvement in the report prior to being issued final plat approval.
6. Public Notice – Additional Requirements for Condominium Conversions. In addition to the Public Notice requirements for Subdivisions as set forth in MKZ 18.13.060, Public Notice Requirements, the applicant for a Condominium Conversion shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice.
7. Approval Criteria for Condominium Conversions. The Planning Commission shall approve the request if it satisfies the Preliminary Approval Criteria for Minor Subdivisions as set forth in MKZ 18.15.020 (B). Any condominium conversion shall have a minimum of three (3) legal units or lots. One (1) or more single-household detached dwellings shall not be platted as a condominium development.
8. Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
  1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
  2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
  3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
  4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Subdivision Amendment for Minor Plat Adjustments

Purpose. The purpose of this Section is to provide standards for Subdivision Amendments that make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Subdivision Amendments for Minor Plat Adjustments is set forth in Table 18.15-6.
Applicability. A subdivision amendment may only be considered on approved subdivisions. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. Only an owner of land within a platted subdivision, as shown on property records at the office of the County Recorder, may petition the City in writing to amend, alter or vacate any portion of a subdivision.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Subdivision Amendment applications.
7. Decision and Findings.
Approval Criteria. The Planning Director shall approve the request if:
1. The amended plat is in substantial conformance with the original approved subdivision.
2. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels.
3. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder.
4. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use.
5. The amended plat complies with all other applicable requirements of this Code, Utah Code Section 10-9a-608, and regulations and standards.
6. All proposed vacations, alterations or amendments of subdivision plats must meet the review requirements outlined in this chapter and the requirements of the individual zone in which the subdivision is proposed.
Submittal Requirements. Any person seeking a Subdivision Amendment for Minor Plat Adjustments shall submit a complete application, a completed Subdivision Requirements Checklist, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed:
1. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met.
2. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing.
3. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City.
4. All necessary deeds, easements, and agreements have been executed and submitted to the City.

Table 18.15-6 Subdivision Amendment for Minor Plat Adjustments Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Planning Director Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	Affected Property Owners	MKZ 18.13.060 MKZ 18.97
Mailed Noticing Requirement – Time	7 days prior to Planning Director Public Meeting	MKZ 18.13.060

Boundary Adjustment
1. Purpose. The purpose of this Section is to provide standards for agreements between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
  1. Simple Boundary Adjustment. An applicant may propose a simple boundary adjustment by submitting a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment.
    1. Applicability. A simple boundary adjustment may not affect a public right-of-way, municipal utility easement, or other public property; an existing easement, onsite wastewater system, or an internal lot restriction; or result in a lot or parcel out of conformity with land use regulations, including a lot or parcel that crosses a zone district boundary. If an application for a simple boundary adjustment does not meet these requirements, then a full boundary adjustment is required.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use application Steps, are required.
      1. Application Submittal.
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of simple boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request if it meets the requirements of this section by issuing a Notice of Consent that states the City is not responsible for any error related to the simple boundary adjustment and the county recorder may record the simple boundary adjustment.
    4. Submittal Requirements. Any person seeking a simple boundary adjustment shall submit a written request that includes conveyance documents and describes all lots or parcels affected by the proposed simple boundary adjustment, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved simple boundary adjustment for recording within six (6) months after the date of the approval letter shall void the approval and the applicant shall be required to submit a new simple boundary adjustment application. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one exception as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
  2. Full Boundary Adjustment. An applicant may propose a full boundary adjustment by submitting a written request by the adjoining property owners that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b).
    1. Applicability. A full boundary adjustment is a boundary adjustment that is not a simple boundary adjustment.
    2. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
      1. Application Submittal. Application submittal shall include a survey that complies with Utah Code Section 57-1-45.5(3)(b).
      2. Application Completeness Review.
      3. Application Compliance Review.
      4. Decision and Findings. In the case of full boundary adjustments, the decision and findings of the Planning Director shall take the form of a Notice of Consent.
    3. Approval Criteria. The Planning Director shall approve the request for a full boundary adjustment if the proposal includes all the necessary information and the survey that complies with Utah Code Section 57-1-45.5(3)(b) and that shows no evidence of a violation of a land use regulation or the creation of a lot or parcel that crosses a zone district boundary by issuing a Notice of Consent that states the City is not responsible for any error related to the full boundary adjustment and the county recorder may record the boundary adjustment.
    4. Submittal Requirements. Any person seeking a full boundary adjustment shall submit a written request that includes conveyance documents, a survey that complies with Utah Code Section 57-1-45.5(3)(b), a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other information that would inform Staff and allow the Planning Director to make a decision.
    5. Expiration. Failure to submit the approved full boundary adjustment for recording within six (6) months after the date of the Notice of Consent shall void the approval and the applicant shall be required to submit a new full boundary adjustment. Prior to the expiration of the six (6) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Vacating a Subdivision Plat. The vacation of a subdivision plat shall comply with the requirements as set forth in, and shall follow the process as outlined below:
1. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process.
2. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process.
3. The City Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance as set forth in Utah Code Section 10-9a-609, Land use authority approval of vacation or amendment of plat -- Recording the amended plat.

Public Street or Municipal Utility Easement Vacation

Purpose. The purpose of this Section is to provide standards for the vacation of public streets or municipal utility easements. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, if Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.15-7.
Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the City Council may approve a petition to vacate a public street or municipal utility easement by ordinance.
Procedure – Public Street or Municipal Utility Easement Vacation By Plat. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps:
1. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the City Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement.
2. Public Notice shall follow the process as set forth in MKZ 18.13.060, Public Notice Requirements.
3. A public hearing shall follow the process as set forth in MKZ 18.13.050, Formal Public Engagement Requirements.
4. If the filing of a subdivision plat accompanies a vacation of a public street or municipal utility easement, the final decision on the plat shall be withheld until the City Council issues a decision regarding the vacation of a public street or municipal utility easement.
Procedure – Public Street or Municipal Utility Easement Vacation by Ordinance. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code Section 10-9a-609.5, Petition to vacate a public street, and shall follow the procedure as set forth below:
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation.
7. Public Notice
8. Formal Public Engagement
  1. The Planning Commission shall hold a public hearing and make a recommendation; and
  2. The City Council shall hold a public meeting and shall be the Land Use Authority for Public Street or Municipal Utility Easement Vacation applications.
9. Decision and Findings
Approval Criteria. Public streets or municipal utility easements may not be vacated unless the following criteria are met:
1. The vacation does not deprive abutting properties of adequate legal access to existing or proposed public utilities or drainage installations;
2. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan;
3. The land to be vacated is no longer necessary for public use and convenience;
4. The right-of-way is no longer needed for public transportation purposes;
5. The vacation will not adversely impact the use of the right-of-way for public utility and/or drainage purposes;
6. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate legal access;
7. The vacation will not adversely impact the health, safety, and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service;
8. The vacation satisfies the requirements of MKC 14.52;
9. Good cause exists for the vacation; and
10. The public interest or any person will not be materially injured by the proposed vacation.
Submittal Requirements. Any person seeking a Public Street or Municipal Utility Easement Vacation shall submit a complete application, a completed Public Street or Municipal Utility Easement Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the City Council to make a decision.

Table 18.15-7 Public Street and Municipal Utility Easement Vacation Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Hearing and Recommendation	Required	MKZ 18.13.050 MKZ 18.14.090
City Council Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Notice to Affected Entities	Required	MKZ 18.14.060
Mailed Noticing Requirement for Property Owners – Distance	Each property that is accessed by the public street of municipal utility easement.	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Planning Commission Public Hearing	MKZ 18.13.060

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

18.15.030 Administrative Decisions - Other Land Use Decisions

Conditional Use Permit

Purpose. The purpose of this Section is to provide standards for Conditional Use Permits, which are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to identify reasonably anticipated detrimental effects and impose reasonable conditions on a use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety, and welfare of Millcreek. A summary of meeting and noticing requirements for applications for Conditional Use Permits is set forth in Table 18.15-8.
Applicability. A Conditional Use Permit is required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. A Conditional Use Permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure will also require a site plan approval as set forth in MKZ 18.15.030 (B).
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation
2. Concept Review
3. Neighborhood Meeting
4. Application Submittal
5. Application Completeness Review
6. Application Compliance Review. As part of an application compliance review, the Planning Director may:
  1. Provide the application to other City departments for review and comment as may be required by this Code, as necessary for complete review of the application, or as necessary to identify and understand the potential detrimental effects of the proposed conditional use; and
  2. require other information or studies to address potential detrimental effects of the proposed conditional use that have been reasonably anticipated by the City during its review of the application.
7. Upon completion of the review, the Planning Director shall make a recommendation.
8. Public Notice
9. Formal Public Engagement, the Planning Commission shall hold a public meeting and shall be the Land Use Authority for Conditional Use Permit applications.
10. Decision and Findings
Approval Criteria. The Planning Commission shall consider the following criteria in reviewing all conditional use applications:
1. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Statutes, as applicable to the use and to the site where the conditional use will be located; and
2. The Land Use Authority shall approve a Conditional Use Permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include:
  1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, parking lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
  2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers.
  3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
  4. Detrimental effects of the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including effects of environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects of the use may include hours of operation and the potential to create an attractive nuisance.
  5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists.
  6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
  7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
  8. Detrimental effects on emergency fire service and emergency vehicle access.
  9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
  10. Detrimental effects from inadequate maintenance of the property and structures in perpetuity, including performance measures, compliance reviews, and monitoring.
  11. Detrimental effects of excessive storm water generation.
Conditions of Approval. Unless otherwise specified in this Code or Utah Code Section 10-9a-507, Conditional Uses, the Planning Commission shall approve all conditional use applications with objective standards as set forth in the Land Use Code. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. All conditional uses are presumed to be compatible with the zone and the General Plan’s intent.
Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use.
Submittal Requirements. Any person seeking a Conditional Use Permit shall submit a complete application, a completed Conditional Use Permit Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the LUHO, the LUHO shall determine if there is a failure to comply with a condition of the approved Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with the condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit.
Expiration. A Conditional Use Permit granted pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit.
Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to the expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.

Transferability. Conditional Use Permits shall run with the land.

Table 18.15-8 Conditional Use Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Neighborhood Meeting	Required	MKZ 18.14.030
Planning Commission Public Meeting	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	21 days prior to first formal public engagement	MKZ 18.13.060

Site Plan Approval
1. Purpose. The purpose of this Section is to establish standards for Site Plan Approvals for Permitted Use approvals that are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. Building permits may not be obtained nor shall any site work be performed prior to site plan approval.
2. Applicability. A Site Plan Approval is required under the following circumstances:
  1. Property development, redevelopment, construction, reconstruction, or alteration of a building or structure, except for attached or detached single or two-household dwellings that are located in a recorded subdivision and that are not in a sensitive lands area.
  2. Review of a permitted use approval, a conditional use permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure, or a request for reasonable accommodation for a group home or residential facility for Persons With a Disability, subject to the standards as set forth in MKZ 18.74, Residential Facilities for Persons With a Disability.
  3. Changes or alterations to an existing site plan or structure that does not otherwise qualify for a Minor Site Plan Amendment.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Concept Review.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings. The Planning Director shall be the Land Use Authority for Site Plan Approval applications for permitted uses. The Planning Commission shall be the Land Use Authority for Site Plan Approval for conditional uses.
4. Approval Criteria. Once all application submittal requirements have been met, the Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including but not limited to:
  1. Dedication of a public right-of-way for the public street on which the property fronts.
  2. Dedication of public utility or drainage easements necessary for the development.
  3. Construction of public right-of-way improvements abutting the property or the deferral of said improvements as set forth in MKC 14.12.100.
5. Submittal Requirements. Any person seeking a Site Plan Approval for Permitted Uses shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one, six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Change of Use Permit.
1. Purpose. The purpose of this Section is to establish standards for Change of Use Permits, which are intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use complies with all applicable standards. When an existing property changes from a permitted use classification established in this Title to a use classification that is established in this Title as a conditional use, the applicant shall obtain a Conditional Use Permit following the procedures as set forth in MKZ 18.15.030 (A).
2. Applicability. A Change of Use Permit is required when any existing property changes from one use classification established in this Title to another use classification established in this Title.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal
  2. Application Completeness Review
  3. Application Compliance Review
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Change of Use applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The new use is permitted in the governing zoning district; and
  2. The new use complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Change of Use Permit shall submit a complete application, a completed Change of Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Minor Site Plan Amendment
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for Minor Site Plan Amendments, which allow for minor changes to approved site plans for conditional and permitted uses.
2. Applicability. An applicant who has obtained a site plan that has been previously approved may apply for a Minor Site Plan Amendment approval for minor changes to the site plan, subject to the approval criteria as set forth in this section.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Minor Site Plan Amendment applications.
4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The proposed change does not significantly alter the site plan’s approved access, circulation, or layout.
  2. The proposed changes do not increase the number of residential units.
  3. The proposed change does not expand the floor area of a building, structure, or oval site by more than ten percent (10%).
  4. The proposed change complies with all applicable requirements of the Code and other relevant Millcreek and State regulations.
  5. The proposed change does not affect any required mitigations or violate any conditions of approval for a Conditional Use Permit.
  6. The amended site plan complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements.
5. Submittal Requirements. Any person seeking a Minor Site Plan Amendment shall submit a complete application, a completed Minor Site Plan Amendment Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A site plan that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit.
7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six (6) continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one six (6) month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified.
8. Transferability. Site plans shall run with the land.
Compliance Determination for an Accessory Dwelling Unit.
1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for a Compliance Determination for an Accessory Dwelling Unit, which allows a property owner to determine if an accessory dwelling unit complies with applicable standards.
2. Applicability. A property owner of a single-household dwelling with an existing Accessory Dwelling Unit on the property may apply for a Compliance Determination for an Accessory Dwelling Unit.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Compliance Determination for Accessory Dwelling Unit applications.
4. Approval Criteria. The Planning Director shall issue a Compliance Determination if the Accessory Dwelling Unit complies with all applicable provisions of this Code, particularly MKZ 18.71, Accessory Dwelling Unit Standards, and other applicable Millcreek policies, including the following:
  1. The Accessory Dwelling Unit is on a residential property that contains a single-household dwelling.
  2. The Accessory Dwelling Unit is on a residential property that is owner-occupied.
5. Submittal Requirements. Any person seeking a Compliance Determination for an Accessory Dwelling Unit shall submit a complete application, a completed Compliance Determination for an Accessory Dwelling Unit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, proof of owner occupancy, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision, and proof of owner occupancy in the form of a document from at least two of the following categories that show the applicant’s name and the address of the property for which a Compliance Determination for an Accessory Dwelling Unit is being applied.
  1. Utility bill, dated within the last sixty (60) days;
  2. Correspondence from any government agency that shows the home address, dated within the last sixty (60) days;
  3. A voter registration card dated within the last calendar year;
  4. A social security statement, dated within the last sixty (60) days;
  5. A bank statement dated within the last sixty (60) days;
  6. Automobile registration documentation dated within the last calendar year;
  7. Income tax forms dated from the most recent tax filing period;
  8. Insurance documentation or insurance bill dated within the last calendar year that shows home address;
  9. Current active business license or permit issued by Millcreek or a state or federal agency that shows home address;
  10. College or school correspondence that shows home address, dated within the last sixty (60) days;
  11. W-2 from the most recent tax filing period;
  12. Official payroll documentation that includes home address issued by an employer within the last sixty (60) days, such as a pay stub with home address, a form submitted for tax withholding purposes, or a payroll receipt;
6. Discontinuance and Termination of Right. If a Compliance Determination for an Accessory Dwelling Unit is issued pursuant to this section is abandoned or discontinued for a period of six (6) continuous months, or if the single-household dwelling ceases to be owner-occupied, the compliance review shall be considered expired. Prior to the expiration of the Compliance Determination for an Accessory Dwelling Unit due to discontinuation, the Planning Director may approve one, six (6) month extension of the Determination if no changes to the application are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified.
7. Transferability. Compliance Determinations for an Accessory Dwelling Unit run with the land, provided that the single-household dwelling is owner-occupied.
Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability
1. Purpose. The purpose of this Section is to establish standards for applications for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability in a manner that balances local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood.
2. Applicability. Any person or entity seeking a reasonable accommodation to exceed the residential occupancy limits established in any zone for a residential facility for Persons With a Disability shall apply for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability. Applicants have the burden of providing sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone.
3. Procedure. An application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the procedure for a Site Plan Approval for Permitted Uses as set forth in this chapter.
4. Approval Criteria. The Planning Director shall consider the following in making a Reasonable Accommodation Determination for a Residential Facility For Persons With a Disability:
  1. The facility meets or will meet all program, physical facility, and licensure requirements of the Utah Department of Health and Human Services.
  2. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing, and zoning requirements.
  3. The facility shall not house persons who are involuntarily residing there or who are residing there as part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.
  4. The applicant provides sufficient evidence that the requested accommodation is necessary to provide disabled individuals with reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information about the facility’s history, management, financial feasibility, and therapeutic benefits, and applicable law.
  5. The zoning ordinance applicable to the property.
  6. The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted.
  7. Whether or not the accommodation will be an undue burden or expense to the City.
  8. The extent to which the accommodation will or will not benefit the applicant.
  9. The extent to which the accommodation will or will not benefit the community.
  10. Whether or not the accommodation fundamentally alters the Citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood.
  11. Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying.
  12. Whether or not, without the accommodation, similar housing is available in the City for the applicant or group of applicants.
  13. The anticipated impact of the requested accommodation on the immediate neighborhood.
  14. The requirements of applicable federal and state laws and regulations.
5. Submittal Requirements. Any person seeking a Reasonable Accommodation Determination For A Residential Facility For Persons With a Disability shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a completed Reasonable Accommodation Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and the following additional information:
  1. The specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested.
  2. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act.
  3. An analysis based on evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling.
  4. The number of residents and employees who will have vehicles on the property and a site plan showing where the vehicles will be parked.
  5. Whether the owner/operator of the Residential Facility For Persons With a Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to the health or safety of other persons, or substantial physical damage to the property of others.
  6. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services.
  7. The category of state licensure that the Residential Facility for Persons With a Disability will have.
  8. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability.
6. Expiration. A Reasonable Accommodation Determination for a Residential Facility for Persons With a Disability that is issued pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining the required state licensure and a Millcreek business license.
7. Transferability. Reasonable Accommodation Determinations for Residential Facility are nontransferable. A new Reasonable Accommodation Determination is required if any ownership changes, changes occur in the maximum occupancy, changes occur in the licensing or disability classification under state or federal law, or the facility remodels or expands.
8. Termination. A use permitted by this shall be subject to revocation by the appropriate land use or licensing authority if:
  1. The facility is devoted to a use other than a residential facility for Persons With a Disability;
  2. The facility exceeds the maximum number of residents specified and approved in the Reasonable Accommodation Determination, or changes the disability classification under state or federal law, or remodels or expands without first applying for and receiving an additional Reasonable Accommodation Determination;
  3. The facility is not licensed by the Utah Department of Health and Human Services, or if a license is revoked; or
  4. An appropriate authority has determined that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood.
Eligible Facility Request (EFR) for a Wireless Telecommunications Facility.
1. Purpose. The purpose of this section is to establish standards for eligible facility requests (EFR) for wireless telecommunications facilities to ensure that such requests are in conformance with federal law with Millcreek’s requirements for wireless telecommunications facilities.
2. Applicability. An EFR is required for any modification of an existing wireless telecommunications facility that does not substantially change the physical dimensions of a tower or base station.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review. The City shall comply with all applicable shot clocks when reviewing an EFR application.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for EFRs.
4. Approval Criteria. The Planning Director shall approve the EFR if it complies with all applicable provisions of this Code and federal law, including the following:
  1. The proposed EFR complies with standards as set forth in MKZ 18.75.100.
  2. The proposed EFR does not result in a substantial change to the physical dimensions of an eligible support structure.
5. Submittal Requirements. Any person seeking an EFR shall submit a complete application, a completed Eligibility Facilities Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
Sign Permit
1. Purpose. The purpose of this Section is to establish standards for Sign Permits, to ensure that that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code.
2. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.65, Signs.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Sign Permit applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed signage complies with the requirements as set forth in MKZ 18.65, Signs, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Sign Permit shall submit a complete application, a completed Sign Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A sign permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit, if a building permit is required.
7. Transferability. Sign permits shall run with the land.
Temporary Use Permit
1. Purpose. The purpose of this section is to establish standards for Temporary Use Permits, which are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code.
2. Applicability. A Temporary Use Permit is required when a temporary use as set forth in MKZ 18.58, Temporary Uses and Structures, is intended to be placed on a property in Millcreek.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Temporary Use applications.
4. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use complies with the requirements of the zoning district in which the use is located, the requirements as set forth in MKZ 18.58, Temporary Uses and Structures, and all other applicable Millcreek, State, and Federal statutes.
5. Submittal Requirements. Any person seeking a Temporary Use Permit shall submit a complete application, a completed Temporary Use Permit Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Expiration. A Temporary Use Permit that is approved pursuant to this section shall expire within one (1) year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.12.030, Expirations and Extensions of Land Use Approvals.
Classification Request
1. Purpose. The purpose of this Section is to establish standards for Classification Requests to determine whether a proposed land use aligns with an existing land use specified in this Code in a manner compliant with state statute.
2. Applicability. An applicant may formally request a Classification Request. Classification Requests are limited to those land uses for which a Millcreek business license is required.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Pre-application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Application Compliance Review.
  5. Decision and Findings.
    1. The Planning Director shall be the Land Use Authority for Classification Requests.
    2. The City Council shall be the Land Use Authority for Reviews of Classification Requests.
4. Approval Criteria. The Planning Director shall find that a proposed land use aligns with an existing land use specified in this Code, if the proposed land use complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following:
  1. The applicant provided sufficient evidence demonstrating that the proposed land use complies with the zone district’s development standards, including but not limited to parking and vehicular access requirements, inventory storage, lighting, noise, and landscaping.
  2. The proposed land use is substantially similar to the uses allowed in that district and is more comparable to such uses than those uses allowed in a less restrictive district.
  3. If the proposed use is most similar to a conditional use authorized in the zone district in which it is proposed to be located, any Classification Request Determination for such use shall require that it may be approved only as a conditional use.
  4. The proposed use is consistent with the purpose statement of the underlying zoning district.
  5. The proposed land use requires a Millcreek business license.
5. Submittal Requirements. Any person seeking a Classification Request shall submit a complete application, a completed Classification Request Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. As part of an application for a Classification Request, the Planning Director may require the submittal studies or plans following the procedure as set forth in MKZ 18.69, Required Studies and Plans.
6. City Council Review of a Classification Request Determination. If the Planning Director determines that the proposed land use is new and unlisted, the applicant may submit an application to the City Council to review the Planning Director’s determination, by following the procedure and paying a fee as set forth in MKZ 18.15.010 (B). An application for City Council Review of a Classification Request must be submitted within ten (10) business days of issuing a written Classification Request Determination from the Planning Director.
  1. The City Council shall schedule a public meeting to review the classification request within 60 days of filing a complete application for a City Council Review of a Classification Request Determination.
  2. The City Council shall apply the approval criteria for Classification Requests as set forth in MKZ 18.15.030 (J)(4).
  3. If the City Council approves the Classification Request, it shall designate an appropriate zone or zones for the proposed use and determine whether it is a conditional use or a permitted use.
  4. The Planning Director shall notify the applicant in writing of the City Council’s determination, and the reasons for their determination.
7. Appeal. An Appeal of the City Council’s determination shall follow the process as set forth in MKZ 18.04, Appeals.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 25-38 on 9/8/2025
Amended by Ord. 26-07 on 1/26/2026

18.15.040 Administrative Decisions - Nonconformities And Variances

Nonconformities Determination
1. Purpose. The purpose of this Section is to establish standards for a Nonconformities Determination regarding a use or property in Millcreek. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title.
2. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. A Nonconformities Determination is required prior to an application to expand or enlarge a noncomplying structure.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
  1. Application Submittal.
  2. Application Completeness Review.
  3. Application Compliance Review.
  4. Decision and Findings. The Planning Director shall be the Land Use Authority for Nonconformities Determination applications.
4. Approval Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.60.
5. Submittal Requirements. Any person seeking a Nonconformities Determination shall submit a complete application, a completed Nonconformities Determination Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Expansion or Enlargement of a Noncomplying Structure.

Purpose. The purpose of this Section is to establish standards for the expansion or enlargements of noncomplying structures in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.15-9.
Applicability. No person may expand or enlarge a noncomplying structure without first having the structure deemed noncompliant pursuant to and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.60, Nonconformities.
Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required.
1. Pre-Application Consultation.
2. Application Submittal.
3. Application Completeness Review.
4. Application Compliance Review.
5. Public Notice.
6. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Expansion or Enlargement of a Noncomplying Structure applications.
7. Decision and Findings.
Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.60, Nonconformities.
Submittal Requirements. Any person seeking an Expansion or Enlargement of a Noncomplying Structure shall submit a complete application, a completed Expansion or Enlargement of a Noncomplying Structure Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.

Table 18.15-9 Expansion or Enlargement of a Noncompliant Structure Permit Meeting and Noticing Requirements
Application Procedure Steps	Requirement	Code Reference
Pre-Application Consultation	Required	MKZ 18.14.010
Concept Review	Required	MKZ 18.14.020
Land Use Hearing Officer Public Hearing	Required	MKZ 18.13.050 MKZ 18.14.090
Mailed Noticing Requirement for Property Owners – Distance	300 feet	MKZ 18.13.060
Mailed Noticing Requirement – Time	10 days prior to Public Hearing	MKZ 18.13.060

Variances
1. Purpose. The purpose of this Section is to establish standards for requests for variances from the standards of this Code. Variances are intended to provide a means of relief from the requirements of this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Section 10-9a-701 et seq., Appeal authority required.
2. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, lease, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance, after receiving a final written administrative decision or interpretation of the land use requirement from the Planning Director. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use.
3. Procedure. The following application steps, as set forth in MKZ 18.14, Land Use Application Steps, are required, prior to scheduling a hearing to consider a variance request.
  1. Pre-Application Consultation.
  2. Application Submittal.
  3. Application Completeness Review.
  4. Decision and Findings. The Land Use Hearing Officer is the Land Use Authority for variance applications.
4. Approval Criteria.
  1. The LUHO may only grant a variance if:
    1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
    2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
    3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
    4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
    5. The spirit of the land use ordinance is observed and substantial justice is done.
  2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship unless the alleged hardship:
    1. Is located on or associated with the property for which the variance is sought; and
    2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
  3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the LUHO may not find an unreasonable hardship if the hardship is self-imposed or economic.
  4. In determining whether or not there are special circumstances attached to the property under Subsection (1)(a), the appeal authority may find that special circumstances exist only if the special circumstances:
    1. Relate to the hardship complained of; and
    2. Deprive the property of privileges granted to other properties in the same zone.
  5. The LUHO may impose conditions on an approval of a variance request to:
    1. Mitigate any harmful effects of the variance; or
    2. Serve the purpose of the standard or requirement that is waived or modified.
  6. The LUHO may not grant:
    1. A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate;
    2. A temporary variance; or
    3. A use variance.
5. Submittal Requirements. Any person seeking a variance shall submit a complete application, a completed Variance Checklist, a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision.
6. Burden of Proof. The applicant bears the burden of proving that all conditions justifying a variance have been met.
7. Expiration. Variances shall not expire.
8. Transferability. Variances shall run with the land.

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