This chapter describes the general rules and regulations necessary to effectively administer the land management and development code of the town. Procedures for permitted use applicants are defined. Code and zoning amendments, as well as appeal procedures and nonconforming uses, are explained in detail. The infrastructure impact review process is also emphasized throughout the permitting procedure. Other important procedures and provisions are defined in this chapter as well.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   This title shall be known as the CORINNE CITY SUBDIVISION AND LAND USE CODE, and is referred to herein as this title, or just the subdivision code, or the land use code.

   A.   After considerable public input and several public hearings over a period of six (6) months, this title was developed, designed and enacted to implement the goals and objectives of Corinne City's general plan, a document designed to protect its special rural, agricultural quality of life. More generally, the following goals and objectives define the major purposes of this title:

      1.   To promote the health, safety, convenience and general welfare of the present and future inhabitants of the community.

      2.   To encourage and facilitate the orderly growth and development of the community and to implement the goals and policies of the general plan.

      3.   To provide adequate open space for light, air, agriculture and environment; to prevent overcrowding of the land and to minimize congestion on the streets.

      4.   To secure economy in municipal expenditures and to encourage adequate provisions for transportation, water, sewage, schools, public safety, parks and other public facilities and services.

      5.   To increase the security of home life and to preserve a more favorable environment for the citizens and visitors of the community.

      6.   To ensure safety from fire and other manmade or natural dangers, city adheres to NFPA and IFC Fire Code Requirements.

      7.   To stabilize and protect property values and to place compatible uses together in the community.

      8.   To enhance the economic and cultural well being of the inhabitants of the community.

      9.   To promote the development of a more wholesome, serviceable and attractive community resulting from an orderly, planned use of resources.

      10.   To establish proper zoning regulations; to ensure the suitability of the land for particular uses and to conserve the value of buildings and encourage the most appropriate use of land throughout the community.

      11.   To preserve the rural, agricultural quality of life enjoyed by the residents of the town.

      12.   To further the purpose of this title and to promote the objectives and qualities of the respective zones.

   B.   It is the intention of the town in adopting this title to fully exercise all of the powers granted to the town by the provisions of the Utah municipal land use, development and management code, Utah Code Annotated section 10-9a-101 et seq., as amended, and all other powers granted by statute or by common law for the regulation of land uses and improvements. The intention of the town is to assure the managed, proper and sensitive/critical development of land within the town and to protect and enhance the quality of rural life in general. The code is intended to allow development in a manner that encourages the preservation of scenic values, historic structures, the unique agricultural setting of the town, and provide for well planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. The code seeks to prevent development influenced by existing geologic hazards, erosion, flooding or other conditions that create potential dangers to life and safety in the community, or development that influences critical wildlife habitats, or developments that detract from the rural quality of life in the community.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   The provisions of this title are in addition to all other town ordinances, the laws of the state, the laws of the United States and applicable common law. This title shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this title. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The existing zoning ordinances of the town, including the official zoning maps adopted with those ordinances, are hereby amended in their entirety to conform to the provisions of this title; providing, that this title is a continuation of the existing ordinances, and not a new enactment, insofar as the substance of the old and new provisions are the same. This title shall not be construed as affecting the term of office of any board or commission member appointed under the prior enactment. Structures built prior to the adoption of the ordinance codified herein, or for which building permits were issued and on which work commences as required under the permit shall, to the extent they do not conform to this title, be considered as nonconforming uses, and shall not be affected hereby. Uses which were nonconforming under the old enactments shall not be affected by this title, unless the provision is changed in a manner that makes the use conforming to the new provision or zone.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

It may become desirable from time to time to amend the provisions of this title or the zoning map. This title should be constantly reviewed and improved upon to stay viable and useful to the town. All amendments shall be made in the following manner:

   A.   Amendments: Amendments to the provisions of this title may be made by the planning commission and town council, as originated in either body (although normally originated by the planning commission) from time to time, following a properly posted public hearing of each body. Notice of public hearings and meetings on amendments to this title shall be as provided in Utah Code Annotated section 10-9a-205. The first hearing must be held by the planning commission and the proposed changes must then be certified to the town council for their action. After the town council hearing, the amendment, as proposed, amended and/or rejected may be adopted on the day of the hearing or at any time following the hearing; provided, it is adopted at a town council meeting.

   B.   Types Of Amendments: The types and nature of amendments that may be made are classified as follows:

      1.   Allowing a use previously prohibited.

      2.   Prohibiting a use previously allowed.

      3.   Increasing or decreasing the density of the uses previously allowed.

      4.   Changing the zone of any property.

      5.   Procedural or regulatory changes, both minor or major.

      6.   Zone map amendments or modifications.

      7.   Repealing of any regulation or procedure.

      8.   Adding of any regulation or procedure.

      9.   Any other miscellaneous changes that may become necessary.

   C.   Petition For Zone Change Or Title Amendment: A petition to change the zone of any land within the town or to amend this title, other than changing the zone map, shall be filed first with the planning commission in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall state the current zone of the property and the desired change. The petition shall give the reasoning for the change. A fee will be established for acting on a petition for a zone change as described in the current town fee resolution in effect at the time. The petition must also include all of the names of property owners within a one thousand foot (1,000') radius of the property boundary under petition, with the signatures of those approving of the change clearly shown. Those owners whose signatures are not shown on the petition shall be sent letters with the petition for their review and comments, and their names shall be provided to the town by the petitioner so that the notices of hearings and petition can be sent to them by the town.

   D.   Hearings Before Planning Commission: The planning commission shall hold a public hearing on all petitions for zone changes and receive comments from citizens or property owners affected by the change. The planning commission shall also hold a public hearing on other amendments to the subdivision and master planned development code. Notice of all zone change hearings before the planning commission shall be given as set forth in section 9-1-6 of this chapter. The notice shall state generally the nature of the proposed amendment as outlined in subsection B of this section and the land affected, and the time, place and date of the public hearing. The notice shall also state that more detailed information shall be available for public inspection at the town recorder's office, or other specified location at the time the notice is published.

   E.   Action By Planning Commission: Following the hearing, the planning commission shall adopt formal recommendations to be presented to the town council regarding the matter before it, approving, disapproving, or modifying the proposal. The planning commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the planning commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the planning commission and the proposal shall be forwarded to the town council for their consideration with that recommendation.

   F.   Hearing Before Town Council: The town council shall hold a public hearing on all petitions for zone changes and all amendments to the subdivision and master planned development code. Following the hearing, the town council shall approve, disapprove or modify and approve the recommendation of the planning commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the planning commission are advisory only, and the town council may overrule the recommendations of the planning commission. Town council action on amendments to this title or to the zoning map require the affirmative vote of three (3) or more town council members. The town council may act on the petition at the time of the hearing or at subsequently scheduled meetings.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Notice of hearings before the town council, planning commission and appeal authority concerning amendments to the general plan, zoning and zone changes, amendments to the subdivision and master planned development code, preliminary and final subdivision and condominium plat approvals, master planned development approvals, temporary use permits, certificates of appropriateness for design or demolition, appeals, variances and other requests of actions of the appeal authority shall be provided in accordance with Utah Code Annotated section 10-9a-201 et seq.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   In order to carry out the purposes of this title, zone districts have been established as set forth in chapter 7, articles A through E, of this title. These zone districts are identified on the official zoning map, which is adopted as a part of this title. In interpreting the zoning map, the following standards shall apply:

   A.   The zoning boundary lines are intended to conform to existing property boundary lines when not in a public right of way, or to follow the centerline of public rights of way (including prescriptive rights of way), unless the lines are located by specific dimensions, in which case the dimensions shall control. Where the zoning district lines approximately follow the lot lines as they exist at the date of adoption of this title, the district lines shall be conformed to the lot lines.

   B.   Where the zoning district lines appear to have intentionally divided a lot or parcel between two (2) or more districts, the applicable zoning for each portion of the lot or parcel shall be determined by using the scale shown on the map. If the placement of the district line cannot be determined, the standards of the zone allowing the less intensive land use shall be applied to the entire parcel.

   C.   Where the district lines are intended to follow natural land contours, such as the ridge tops, hillsides or waterways, the line shall be determined at the point at which the general slope of the land changes to fifteen percent (15%) grade or in the case of waterways, the average centerline of the waterway. In the event of a dispute as to the location of the change in grade, the point shall be fixed with reference to topographic data submitted to the town. Where land of less than fifteen percent (15%) slope is surrounded by land of fifteen percent (15%) or greater slope, the planning commission shall entertain an application to rezone the land of less than fifteen percent (15%) slope to a suitable residential use if the town staff determines that the land is adequately accessible and not within a sensitive lands overlay zone or designation, and one access of which is a road of standard width that does not exceed eight percent (8%) grade, and that the grading of the road or roads to reach the land in question will not create hydrologic, erosion, geologic or similar hazards for land lying below the proposed road, and that all cuts and fills for the road can be safely stabilized.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Any person, firm, partnership or corporation, or the principals or agents thereof, violating or causing the violation of this title shall be guilty of a class C misdemeanor and, upon conviction, punished by a fine and/or imprisonment as provided in section 1-4-1 of this code. In addition, the town shall be entitled to bring an action to enjoin the continuation of the violation. Private citizens of the town or property owners shall also have a right to file actions to enjoin the continuation of a violation affecting their interest; provided, that the plaintiff in such action shall give notice of the action to the town recorder prior to filing the action.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)

   All departments, officials and public employees of the town who are vested with the duty or authority to issue permits or licenses, including business licenses, shall conform to the provisions of this title, and shall issue licenses and permits only in conformance with the provisions of this title. Licenses issued in violation of this title shall take no effect, and are null and void.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The zoning map for the town, as presented to the town council and executed by the mayor, is the official zoning map for Corinne City. Upon amendment to the zoning map, the mayor shall execute a new map, or reexecute the existing map with the amendments noted thereon, in a timely manner.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   No building permit shall be issued for any building project unless the plans for the proposed structure have been submitted to and approved by the planning commission. Proposals submitted to the planning commission shall be reviewed according to the permitted use review process, which includes master planned developments. Subdivisions, including master planned developments, are reviewed by planning commission for approval. Final approval of subdivisions must be granted by the town council. No planning review shall occur until a completed application is submitted and all applicable planning application fees have been paid, and no final town council approval shall be effective until all other fees assessed by this title or other ordinance, including applicable staff or planning consultant review and engineering fees, have been paid. Upon issuance of final approval under either review process, the plans are forwarded to the building official for building permit issuance under the provisions of the international building code.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   Determination By Planning Commission:

      1.   On any proposal to construct a building or other improvement to property which is defined by this title as a permitted use in the zone in which the building is proposed, the planning commission or staff shall review the submission to determine whether the proposal:

         a.   Is a permitted use within the zone for which it is proposed;

         b.   Complies with the requirements of that zone for building height, setback, side and rear yards, and lot coverage;

         c.   The applicable parking requirements have been satisfied;

         d.   The plan conforms to any architectural design guidelines established for that zone or area;

         e.   Will require an environmental impact statement if it lies in a sensitive lands area as defined in chapter 10 of this title;

         f.   Has met the requirements of the infrastructure review process as defined in section 9-1-13 of this chapter;

         g.   Will require a certificate of appropriateness from the design review committee as outlined in section 9-3-30 of this title;

         h.   Will require a certificate from the technical review committee as outlined in section 9-3-31 of this title.

      2.   Upon finding that the proposal complies with the applicable zoning requirements, and can be adequately serviced by existing utility systems or lines, the plans shall be reviewed for building code compliance and permit issuance. If the submission does not comply with the requirements of the zone, the planning commission shall so notify the owner of the project or his agent, if any, stating specifically what requirements of the zone have not been satisfied, and stating whether the project should be reviewed as submitted for that zone.

   B.   The application for a building permit shall contain the following information, in addition to information required by the international building code:

      1.   When a structure is to be built, the footing and foundation details, site plan and elevations of all sides of the structure shall be submitted with the application, and all fees paid, prior to excavation.

      2.   A site plan showing the lot and the location of the proposed structure on the lot. The site plan must be drawn to scale. A certified survey shall be required on projects with structures on or near the lot lines, or when the lot lines are difficult to determine from existing plats and monuments. Topographic data may be required when the site is sloping or when the building height cannot be readily determined from the elevations without topographic data.

      3.   A legal description of the property with a statement of the name and current address of the owner or responsible agent, and a telephone number.

      4.   The location of the proposed structure by street address or by reference to existing structures so that the location can be identified and assigned a street address.

      5.   The location of adjacent utility lines.

      6.   Approval of permitted uses shall be noted by the issuance of a building permit in compliance with the provisions of the international building code and this title.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   Infrastructure Review:

      1.   Although the town endeavors to provide infrastructure which will adequately serve buildings and structures allowable within each zone in the town, certain buildings, developments and structures, because of size, type of construction or lot characteristics, present peculiar or excessive demands on town infrastructure. For these reasons, the developer is responsible to perform an impact analysis in a form and methodology acceptable to the town to determine the possible impacts on infrastructure.

      2.   In order for the town to determine whether existing infrastructure is adequate, or what additional infrastructure is needed to meet the particular needs of certain types and sizes of buildings and structures which are permitted uses in the zone, the following types and sizes of proposed buildings and structures, as well as developments, are subject to the review process for impact on existing infrastructure, whether the uses are permitted or conditional:

         a.   All commercial or multi-family buildings or structures of class III, IV or V construction, as defined by the international building code, greater than ten thousand (10,000) square feet; or

         b.   Any building or structure over ten thousand (10,000) square feet within fire separations as defined in the international building code; or

         c.   All commercial or multi-family buildings and structures located on parcels of one-half (1/2) acre or larger; or

         d.   All buildings or structures which are required to have fire sprinkling systems under the town or fire district ordinance or resolution; or

         e.   All buildings or structures located on lots which have an average slope of more than five percent (5%); or

         f.   Any industrial or manufacturing facility that deals with products or processing materials that are or could become explosive, flammable or toxic according to the international fire code; or

         g.   Any subdivision or master planned development (MPD) project with four (4) or more dwelling units, but not including minor subdivisions or minor MPDs; or

         h.   Any development that requires the extension of any public infrastructures or utilities of over eight hundred feet (800'); or

         i.   A market analysis is required for all subdivisions or master planned developments of four (4) unit equivalents or more; or of five (5) acres or more in scope.

   B.   Scope Of Review: For proposed buildings, structures or uses which are permitted in the zone in which the building or structure is proposed, the review shall include the determination of the ability of existing town infrastructure to provide adequate water for culinary, irrigation and fire flow purposes, the proper handling of snow melt, snow storage, storm drainage, slope preservation, mitigation of impact on roads by construction and permanent traffic, and ensuring safe access for users and emergency vehicles in accordance with town codes, standards and ordinances as set forth in this code, which shall be in addition to all other adopted codes and ordinances, including the codes of other jurisdictional governing authorities. For master planned developments in the zone in which the building, structure or use is proposed, the infrastructure review which is a part of the master plan development review process is specified below and may involve additional regulations. The technical review committee may be used if constituted as per this title, to assist in the infrastructure impact review process.

   C.   Review Procedure: Buildings and structures which, although are permitted uses in the zone proposed and not subject to zoning of use review, are subject to review for impact on existing infrastructure according to the standards described in this section. The following review procedure shall be followed:

      1.   Application For Building Permit: Upon making an application for a building permit, the applicant shall supply the planning commission with plans and specifications sufficiently detailed to determine whether the proposed building or structure is subject to further infrastructure review. If, according to the standards found in this section, any proposed building or structure triggers infrastructure impact review, then the permit shall not be issued. The planning commission or other town staff shall review the impact of the proposed building and structure on existing town and/or other infrastructure to determine what, if any, additional infrastructure is necessary.

      2.   Information Requested: Upon referral of the application for a building permit to the town for infrastructure impact review, the town may request from the applicant any additional studies, plans, surveys, specifications, and information necessary to review the infrastructure impacts. The following types of information may be requested by the planning commission to the extent relevant:

         a.   To determine the impact on drainage:

            (1)   A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, and any known geologic or natural hazards, with north arrow and scale;

            (2)   Topography with contours shown at intervals of not more than five feet (5') of the site and as the site adjoins contiguous properties;

            (3)   Vegetation type and location;

            (4)   Soil type and load carrying capacity information;

            (5)   One hundred (100) year floodplain and high ground water areas, known spring and seep areas, and ditches or canals;

            (6)   All existing roads, fences, irrigation ditches and drainage facilities;

            (7)   Location and size of the nearest storm drainage facilities the site could drain to; water lines and sanitary sewer lines; and where and how the developer proposes to connect to the existing drains;

            (8)   Site plan of the proposed buildings and structures showing building locations;

            (9)   Proposed road locations and other circulation features;

            (10)   Proposed finished grades;

            (11)   Proposed drainage, drainage works, detention ponds, retaining walls and erosion control plans;

         b.   To determine the impact on culinary water, fire flows and sewage:

            (1)   Location and size of the nearest water main and sanitary sewer lines to the project to which the project can drain or be supplied; and where and how the applicant proposes to connect to the systems;

            (2)   Site plan and floor elevations (including building height) of all proposed buildings and structures showing building locations, construction type and materials;

            (3)   Proposed easements for new utility services or relocated utility services;

            (4)   Fire hydrant locations and building sprinkling plans;

            (5)   Estimated peak culinary water demands, including irrigation and water demand for fire flows;

            (6)   Proof of "wet" culinary water in adequate quantity and quality, acceptable to the town standards, if the developer is supplying his/her own water or is transferring water rights to the town culinary system;

            (7)   Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;

         c.   To determine the impact on slope retention:

            (1)   Topography existing before construction and proposed finished grades, both on the site and as they relate to adjoining property;

            (2)   Proposed drainage, drainage works, retaining walls and erosion control plans;

            (3)   Proposed landscaping;

            (4)   Complete, detailed construction drawings and support documentation of any and all structures sufficient to demonstrate compliance with applicable standards, codes and ordinances, or general architectural concept drawings of proposed buildings, showing roof plan and cuts and fills;

            (5)   Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;

         d.   To determine the impact on streets and pedestrian facilities:

            (1)   Prepare a site plan which coordinates pedestrian connections, sidewalks and hike paths if any such pedestrian facilities are shown on the trails master plan or the streets master plan, if they are currently adopted;

            (2)   Submit construction staging location plan;

            (3)   Submit estimated truck traffic trip numbers for construction traffic;

            (4)   If requested by the town engineer, the project applicant shall submit reproducible measurable pavement quality testing analyses for each street or roadway which will be utilized by any traffic generated by or relating to the proposed project, including, but not limited to, construction traffic. Such analyses will be submitted both before permit issuance and before building occupancy and shall use a nationally recognized pavement quality testing machine as approved by the town engineer. Such analyses will be used to determine construction impacts on existing streets at the end of construction such that repairs can be made at the expense of the project proponents to return the pavement to its original quality.

   D.   Department Action:

      1.   Within fourteen (14) working days from the receipt of the complete one (1) or two (2) family dwelling permit application, including all requested information for infrastructure impact review, the planning commission and/or other appropriate town officials shall have reviewed the project and determined whether existing infrastructure is sufficient to adequately serve any proposed buildings or structures. If the data is sent to an engineer or other consultant for determination of impacts, the applicant shall pay the costs associated with the professional review.

      2.   If the existing infrastructure is adequate to serve any proposed buildings or structures, then a building permit shall be issued in accordance with the international building code and town ordinances. If, upon review, the existing infrastructure is found to be inadequate to serve any proposed buildings or structures, the building permit shall be withheld. At the option of the town, the applicant may either:

         a.   Change the type, scale, or location of all proposed buildings or structures in such a manner that existing infrastructure may adequately serve all proposed buildings or structures; or

         b.   Provide at the applicant's expense the additional infrastructure necessary to adequately serve all of applicant's proposed buildings or structures according to designs and specifications approved by the town; or

         c.   Pay a proportionate share of a town project that would mitigate the impact as detailed by the town council and/or its staff.

      3.   Upon submission of plans changing the type, scale or location of any or all proposed buildings or structures in such a manner that existing infrastructure is adequate to serve all proposed buildings or structures; or, upon submitting plans for additional infrastructure and a letter of credit or escrow agreement to the town for the full cost of the additional infrastructure required, as estimated by the town engineer, a building permit shall be issued in accordance with town codes and ordinances.

   E.   Appeal And Review:

      1.   If the applicant does not agree with the determination of the planning commission or town staff that existing infrastructure is inadequate, or with the requirement for additional infrastructure, the applicant may request town council review. The town council is empowered to affirm, reverse, or modify the determination of the planning commission, town staff or town engineer/consultant. All actions regarding infrastructure impacts and the requirements of the planning commission or town staff are appealable to the town council.

      2.   If the planning commission or town staff has not acted on an application or has not indicated to the applicant what existing infrastructure is inadequate within thirty (30) working days after complete information submission, the application shall be automatically forwarded to the planning commission for determination of adequacy of existing infrastructure.

   F.   Transferability: The infrastructure review and approval are transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.

   G.   Expiration: If a building permit is not obtained within twelve (12) months from the date of approval, then the infrastructure review and approval process must be repeated prior to issuance of a building permit. If a building permit expires before actual construction of buildings or structures, the infrastructure review and approval process must be repeated prior to issuance of another building permit. If a permit is not taken in six (6) months, the review shall determine whether off site conditions or demands have changed the ability of the system to meet the demands of the project under review. The permit requirements may be modified to adjust to the new capacity or demand.

   H.   Standards For Review: No building permits shall be issued on buildings and structures subjected to infrastructure review unless it is found by the town that there is sufficient infrastructure capacity, according to the standards adopted by the town, either existing or to be provided by the applicant, to adequately serve the proposed buildings and structures. Specific review items include delivery of adequate water for culinary and fire flow purposes, safe vehicular and pedestrian access for owners, users and emergency vehicles, and proper handling of snowmelt and storm drainage and slope preservation. The standards to be applied for review are:

      1.   Standards For Water Delivery: The standards for adequate delivery of water shall be as applicable: the town fire flow standards, if adopted; the fire department fire flow standards; the ISO or NFPA standards for fire flow, the town design standards, construction specifications and standard drawings, if adopted; and the county and/or state department of health, drinking water regulations, as now constituted, and as may be amended.

      2.   Standards For Site Drainage: The standards for adequate site drainage are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.

      3.   Standards For Access: The standards for access to the building or structure are the international fire code or its successor, the streets master plan or land use map, the trails master plan, if adopted, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.

      4.   Standards For Slope Retention: The standards for slope retention are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be amended.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Applications for developments to be built according to a master plan which provides for mixes of uses and/or density transfers, clustering and unit concentrations and/or maximizing of permanent open space within the site commonly referred to as "planned unit development" (without regard to the manner in which title to the project will be held) shall be divided into two (2) review processes depending on the size and nature of the project. These review processes are described as follows:

   A.   Minor Master Planned Development Review: If an MPD meets the same qualifications in size and definition of a "minor subdivision" as described in this title and does not necessitate the creation of large public infrastructure to meet its needs, the MPD may be classified as a minor master planned development, and the planning commission may waive many of the requirements of the MPD review process, including off site infrastructure concurrency and bonding requirements. These types of projects are reviewed as minor master planned developments. The review process is subject to any applicable requirements of chapter 9 of this title.

   B.   Master Planned Development Review: Those projects having more than four (4) unit equivalents and/or fifteen percent (15%) or more of the total project floor area (exclusive of parking) devoted to nonresidential uses, or five (5) acres or more in scope shall be reviewed as master planned developments according to the procedure described in this title. Impact analysis and market analysis are required. The nature of the density transfers and zoning concessions within the project are set forth in chapter 9 of this title. The substantive requirements for master planned developments are described in chapter 9 of this title.

   C.   Sensitive Lands Review: If a master planned development is located within the sensitive lands overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in chapter 10 of this title.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Decisions by the planning commission or town council regarding master planned developments and zoning decisions, or application of this title, may be appealed to the appeal authority. Any person within the town who believes he/she may be adversely affected by a decision of the town council or planning commission regarding the application of the decision or this title, and/or the owner of the subject property affected, shall have standing to appeal a decision of the planning commission and/or town council. Appeals from town actions shall be by letter or petition and contain the name, address, and telephone number of the petitioner, his or her relationship to the project or subject property, and the reasons for requesting review, including specific provisions of this title, if known, that are violated by the action taken.

   A.   Written Findings Of Denial Required: The planning commission or town council shall always prepare detailed written findings on any application that it denies, amends, or approves. These findings shall state the reasons for the action and the provisions of this title or other town ordinances, or guidelines, or applicable state or federal laws or regulations that would be violated by the action, and the proposed conditions of action to be imposed and the reasons why those conditions were thought necessary. These findings shall then be made available to the appeal authority for their use in the appeal process.

   B.   Appeal Petitions Process: Besides the owner of the property acted on by the town, any person living within the town who submitted written comment on a proposal before the planning commission or town council, and the owner of any property within the town, has the right to appeal to the appeal authority any final decision of the planning commission or the town council. The petition must be filed in writing with the town recorder within fifteen (15) calendar days of final project action. The petition for the appeal shall state the name, address and telephone number of the petitioner and his/her agent, if any, the name of the project, and the grounds for the appeal. The town shall set a date for the appeal, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed with the town recorder and meet the notice requirements of section 9-1-6 of this chapter. The town recorder shall notify the petitioner and the owner of the project of the appeal date. The town recorder shall obtain the findings from the planning commission, town council and all other pertinent information and transmit them to the appeal authority.

   C.   Action On Petitions: The appeal authority may affirm, reverse, or affirm in part and reverse in part any decision of the planning commission or town council regarding zoning decisions. The appeal authority may remand the matter to the planning commission and/or town council with directions for specific areas of review or clarification. Appeal authority review of petitions of appeal shall be limited to consideration of only those matters raised by the petition, unless the board by motion, enlarges the scope of the appeal to accept information on other matters it may legally hear.

   D.   Stay Of Approval Pending Review Or Appeal: Upon the filing of a nonowner petition or a petition by the owner for appeal or review by the appeal authority of a planning commission or town council decision, any action passed on this matter by the planning commission or town council will be suspended until the appeal authority has acted on the appeal.

   E.   Appeal From Appeal Authority: The owner of any project, or any person aggrieved by the approval of any project, may appeal from the final action by the appeal authority affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the board shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the effectiveness of that decision.

   F.   Finality Of Action: If no appeal has been made at the end of fifteen (15) days from the date of final action by the town council, planning commission or town staff, the action is final.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   It is the policy of the town to require developers submitting projects to the planning process to move their projects to either approval or denial in a reasonably expeditious manner. The time required in the planning review process will vary with the size and complexity of each proposal, and the establishment of exact time requirements for review is impractical. It is the policy of the town to formally deny projects submitted to the process which remain inactive for long periods of time due to acts or omissions of the developer.

   A.   Denial And Closure; Notice Required: When the planning commission believes that a project that has been formally submitted is not making normal progress towards final approval, they shall deny the project application and close the files with respect to that project. No action shall be taken by the planning commission for denial on the basis of inaction without giving sixty (60) days' written notice to the developer and the responsible agent by certified mail. Such notice shall state the intent of the planning commission to have the project denied because of inaction and the time, place, and date when the matter will be taken up by the planning commission.

   B.   Inaction Defined:

      1.   A project shall be deemed inactive and subject to denial on the basis of inactivity if, through the act or omission of the developer and not the town:

         a.   More than three (3) months have passed since the last meeting of the planning commission and the developer;

         b.   More than three (3) months have passed since a request for additional information was made by the planning commission which request has not been complied with or the developer's reasons for noncompliance are not stated;

         c.   The developer is more than sixty (60) days in default of the payment of any fee assessed by ordinance, or has not paid the fee under protest;

         d.   The developer has stated his intent to abandon the project;

         e.   The project appears to have been abandoned; or

         f.   The application appears to have been filed in bad faith for the purpose of attempting to vest rights prior to a zoning change or title change, without actual intent to construct the project applied for.

      2.   Delays occasioned entirely by internal delays of the town or any commission or board shall not be cause for termination.

   C.   Reinstatement: A developer may appeal the planning commission denial of a project for inactivity to the town council, or the action may be called up by the town council. The town council may reinstate subject to payment of full or partial submission fees, reinstate subject to specific ordinance changes, or deny reinstatement. If reinstatement is denied, all interest in the application ends. If the developer desires to proceed with the project, he must start at the beginning of the process with a new submission and payment of new submission fees, and shall be subject to all ordinances then in effect.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   All persons speaking before any town agency, department, committee, commission or board, or the town council, on behalf of the owner of any project shall provide reasonable evidence of their agency relationship with the owner. This agency shall be presumed if the spokesman is associated with the architect or engineer whose name appears on the plans, or if the owner is present. The planning commission may request other persons appearing to speak in any agency position with any project to provide a statement signed by the owner indicating the nature of the relationship and the authority of the agent to make decisions or representations concerning the project.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Any variances or special exceptions to this title shall be granted only by the appeal authority under the provisions of chapter 5 of this title prior to the issuance of any master planned development, or other approval by the planning commission. All action on an application shall be stayed upon learning that a variance or special exception is required, until the applicant shall have obtained the variance or special exception, or his request is denied by the appeal authority. Appeals for the final action of the appeal authority shall be made to the district court as provided by state law and not to the town council.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   The procedures set forth in this title are intended to supersede any inconsistent procedural provisions in the previous development and subdivision ordinance. The substantive requirements of the application form and the review process shall remain unchanged, but all final actions under that ordinance are subject to the appeal processes set forth herein, and all applications for subdivision approval are subject to termination as set forth herein.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Application And Fee: Upon payment of the required application fees and submission of a completed application, as determined by the planning commission, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of the subdivision and master planned development code, or development code and zoning map, in effect at the time of filing of the application, subject to the exceptions set forth in subsection D of this section. The applicant may take advantage of changes in this title and zoning map that would permit greater density or more intense use of the land; provided, however, that these changes may be deemed a modification of the plan and require the payment of additional planning review fees.

   B.   Nonzoning Matters: Nonzoning related matters, including, but not limited to, site development standards, procedural requirements and building code requirements, will not vest until complete building permit applications have been filed and required fees have been paid. Water and sewer connection availability, costs of water and sewer connection and water development fees, and applicable impact fees and other charges, will vest only upon payment of the building permit application fees and submission of all the materials necessary for the issuance of a building permit.

   C.   Termination: Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.

   D.   Exceptions: Applicants shall not be entitled to review and approval of applications pursuant to the terms of this title in effect at the time of application when revisions to this title are pending at the time of application which would prohibit or further condition the approval sought, or when there exists a compelling reason for applying a new standard or requirement retroactively to the time of application.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

On all projects requiring the recording of a plat or record of survey map under applicable state law, the plat shall conform to the following standards before approval will be granted by the town:

   A.   Owner Execution: A subdivision plat must be signed by the owner of the property and all persons claiming an interest in the property within the plat, including those holding a security interest in the property, excluding mechanic liens and judgment liens. A condominium plat need not be signed by those holding security interest in the property. All owners' signatures must be legally acknowledged.

   B.   Contents Of Plat: The plat must have signature blocks for the mayor, town engineer, fire department, school district, attorney, planning commission chairperson, county surveyor and county recorder's use. The survey data and accuracy of the plat must be certified by a licensed surveyor and the plat must bear the surveyor's official stamp.

   C.   Submission: The submission for plat approval must be accompanied by any covenants, declarations, easements, dedications of rights of way, or similar documents that are in addition to the contents of the plat. The submission must also be accompanied by a current title report showing the persons having an interest in the property, and verifying the ownership is consistent with the ownership as indicated on the plat. The legal descriptions of the property must also be consistent among the plat, declarations or covenants and title report.

   D.   Recording: Upon granting of final approval by the town, the town recorder shall release the fully executed plat and the declaration and covenants to the title company designated by the developer for recording. The town shall have the obligation to advance recording fees, but may deliver the plats to the county directly rather than through the developer's designated title company. No plat shall be recorded until the recorder has verified that all fees relative to the project have been paid, including the final engineering bills from the plat approval if applicable.

   E.   Effect Of Approval: In approving the plat, the town and its officers and agents are only certifying to substantial compliance with the statute and ordinances regarding the recording of plats and the prior approval of the project as being in compliance with local zoning ordinances. The town does not make any representation concerning the accuracy of the information presented in the plat drawn by the developer, nor the value of the project.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Nonconforming Use Defined: As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any zoning, building or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of this title. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zones.

   B.   Nonconforming Use Of Open Land: A nonconforming use of land lawfully existing on the effective date of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such land shall conform to the provisions of the zone in which it is located.

   C.   Nonconforming Buildings:

      1.   A nonconforming building in any zone may be continued for the period prescribed in this section, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as allowed by a conditional use permit.

         a.   Granting the expansion will not adversely impact the attainment of the general plan.

         b.   The expansion will improve the general appearance or safety of the area.

         c.   By expanding the building, the character of the neighborhood is not adversely impacted.

         d.   The expansion will improve the area by providing additional or adequate parking.

         e.   Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties.

      2.   Notwithstanding subsection B of this section, an existing single-family dwelling, nonconforming as to side yard requirements but having a minimum side yard of not less than three feet (3'), may be extended in depth along the nonconforming building line to a maximum of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking, and provided such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located.

      3.   If a nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title.

   D.   Nonconforming Use Of Conforming Buildings:

      1.   The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations except those required by law be made, and if such nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such building shall conform to the provisions of the zone in which it is located.

      2.   A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alteration of the building. Subject to the provisions of this title, the use of a building or structure may be expanded if the following standards are met:

         a.   The expansion of the use will not adversely impact the surrounding properties.

         b.   The proposed expansion is compatible with the surroundings.

         c.   The site of the proposed expansion conforms to all site development requirements as physically possible, given existing site limitations.

         d.   The proposed expansion shall not create new nonconformity.

         e.   No expansion of a nonconforming use shall be allowed which would extend beyond the original lot or tract of land.

   E.   Nonconforming Use Of Nonconforming Buildings: The nonconforming use of a nonconforming building lawfully existing on the effective date of this title may be continued for the period prescribed in this section, and may be expanded or extended throughout such building, provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the building shall conform to the provisions of this title and of the zone in which it is located.

   F.   Change In Status Of Nonconforming Use: If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.

   G.   Reconstruction Of Nonconforming Building Partially Destroyed: A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all of the provisions of this title. The restoration and occupancy or use shall be completed within two (2) years from the date of the destruction otherwise the nonconforming rights shall be invalid.

   H.   Nonconformance Limited To Zone Groups: Notwithstanding any other provisions of this title, no uses permitted in any one of the residential or agricultural zones and lawfully existing in any one of the residential or agricultural zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located; no uses permitted in any one of the business zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located. This section shall be applicable only to nonconforming uses.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   A.   1998 Corinne City Development Code: The Corinne City zoning and development code of 1998, enacted by the town, is hereby amended and recodified in its entirety to read as herein provided by this title.

   B.   Continuation Of Prior Ordinances: The amendment of all zoning and/or development ordinances heretofore enacted by the town shall not:

      1.   Affect suits pending or rights of the town existing immediately prior to the effective date hereof.

      2.   Impair, void or affect any grant or conveyance made or right acquired or cause of action as of the effective date hereof or now existing.

   C.   Continuation Of Similar Provisions: The provisions of this title, insofar as they are the same or substantially the same as any prior ordinances, shall be construed as a continuation of the prior ordinance.

   D.   Severability: If any phrase, clause, sentence, paragraph or section of this title shall be declared unlawful by any court of competent jurisdiction, such decision shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this title.

   E.   Effective Date: This title shall become effective retroactive to December 21, 1999.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Every effort is made by the town to ensure that this title is readable, understandable and contains as few defects as possible. If however, any conflicts, defects, inconsistencies or ambiguities are found within different sections and/or chapters of this title, the planning commission shall follow the section or wording that is more restrictive, stringent or of a higher standard as defined or interpreted by the planning commission.

   B.   The planning commission shall then make every effort to amend this title to further clarify or repair the defect, conflict, inconsistency, or ambiguity.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)