1. Title. This title shall be known as the "Uniform Land Use Ordinance of Millcreek, Utah," and may be so cited and pleaded. This title shall also be known as Title 18, Millcreek Code of Ordinances or Title 18 City Code of Ordinances, or the Land Use Code.
2. Effective Date. This Title is effective as of May 19, 2025.

1. This title is designed and enacted for the purpose of promoting the health, safety, morals, conveniences, order, prosperity, and welfare of the present and future inhabitants of City, including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the City's agricultural and other industries, and the protection of both urban and nonurban development.
2. This title is adopted as set forth in Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act, the general welfare power delegated to municipalities as set forth in Utah Code Section 10-8-84, Ordinances, Rules and Regulations, and the police power authority of local government established by Utah common law.

The ordinances of the county existing on December 27, 2016, covering the zoning of areas and districts in the City, in their entirety, including the maps adopted and made a part of such ordinances, are hereby superseded and amended to read as set forth in this title; provided, however, that this title, including the maps on file with the City and by this reference, made a part hereof, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this title, whether in the same or different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction, relating to tenure of officers and boards established by previous ordinances, and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming.

Any amendment or revision to this title, including the zoning map, shall supersede any prior provisions or ordinances. Provisions of this title and the zoning map not affected by or in conflict with the amendment or revision shall continue to be valid and shall not be considered a new enactment when amendments or revisions are adopted. Any prior provisions of City land use ordinances which do not now conform to provisions of this title are declared void. Any uses, structures or buildings which were legally established and conforming to previous provisions of this title but do not now conform are regulated as nonconformities as set forth in MKZ 18.60.

Where conflicting provisions exist in this title or between this title and other ordinances or laws, the more restrictive provision shall prevail unless the language clearly creates an exception. This title does not nullify or modify the provisions of other covenants, restrictions, agreements, ordinances, or laws but prevails notwithstanding such less stringent requirements.

The Planning Director, after consulting with the City Attorney, may clarify and interpret the provisions of this title, including the zoning map, where there is disagreement or confusion regarding said provisions. The requirements contained in this title shall be construed as minimums or maximums for the purposes for which the requirements are set forth.

Other relevant provisions not found in this title which are applicable to the use and development of land include, but are not limited to, the following:

1. Title 8, Animals
2. Title 9, Health and Safety
3. Title 14, Highways, Sidewalks, and Public Places
4. Title 15, Buildings and Construction
5. Title 16, Community Development and Public Facilities
6. Title 17, Flood Control and Water Quality

The City hereby adopts the Millcreek Together General Plan and Map, as an advisory, but not a mandatory guide for land use decisions.

Property owners shall consider proposed streets and street widths indicated in the Millcreek Transportation Master Plan and the standards for highways, sidewalks, and public places as set forth in Title 14 of the Millcreek Code in the planning of a development. Where development is proposed, the property owner is required to dedicate and improve (or post a bond for the cost of improvements or a deferral of said improvements as set forth in MKC 14.12.090) any street, or portion thereof, which is planned in or necessitated by the development and that is reasonably related to the development's impact on the City's transportation system. Where a planned street abuts or traverses a property, required yard spaces shall be measured from the proposed right-of-way lines of the street.

No space needed to meet requirements for lot or parcel width, yard or open space, lot or parcel area, building coverage, parking, landscaping, public street frontage or other requirements of this title for a lot, parcel, or building may be transferred, sold, bequeathed, or leased apart from such lot, parcel, or building unless other space is provided which will achieve compliance. No land may be sold or transferred which will result in a lot that does not comply with the provisions of this title.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises until a certificate of occupancy has been issued for the premises and/or building by the City. It is unlawful to occupy or to allow the occupancy of any building with uses which are not authorized under the original certificate of occupancy. A new certificate of occupancy must be obtained if the use of the building is intensified or changed to the extent that the original certificate is no longer valid due to violations of occupancy and use codes. A certificate of occupancy may not be issued until all conditions and requirements of the pertinent conditional use permit, site plan and/or plat are met.

It shall be unlawful to construct, reconstruct, remodel, relocate, or alter a building, structure, wall, fence, grade, or change land use without first obtaining required permits or approvals from the City. No grading or change in land use shall commence without first obtaining approval from the City. Applications for permits shall be accompanied by a complete submittal checklist with complete materials as specified on the applicable checklist. Plans shall include actual dimensions of the lot to be built upon, the size and setbacks of existing and proposed buildings and structures, adjacent buildings and structures and other information as required by this title and as deemed necessary by the Building, Fire, Engineering and Planning Departments. Where required, conditional use permits, site plans and/or plats must be approved prior to permit issuance. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City's future land use plan map, zoning map, and this title if a complete application is submitted and all fees have been paid, unless the Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application, or the City has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.