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Corinne City Zoning Code

CHAPTER 12

AGRICULTURE PROTECTION

9-12-1: TITLE:

   This chapter shall be known as the AGRICULTURE PROTECTION ACT OF CORINNE CITY.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)

9-12-2: DEFINITIONS:

As used in this chapter:
ADVISORY BOARD: The agriculture protection advisory board appointed by the Box Elder County commission and Corinne City planning commission.
AGRICULTURE PRODUCTION: Production for commercial purposes of crops, livestock and livestock production.
   A.   Agriculture production includes the processing or retail marketing of any crops, livestock and livestock products when more than fifty percent (50%) of the processed or merchandised products is produced by the farm operator.
AGRICULTURE PROTECTION AREA: A geographic area created under the authority of this chapter that is granted the specific legal protection contained in this chapter.
CONTINUOUS: Parcels touching or divided only by a city, county, or state roadway.
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS: Includes:
   A.   Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:
      1.   Forages and sod crops;
      2.   Grains and feed crops;
      3.   Livestock, meaning all domestic animals, honeybees, poultry, furbearing animals and fish;
      4.   Trees and fruits; or
      5.   Vegetables, nursery, floral and ornamental stock; or
   B.   Lands devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government.
POLITICAL SUBDIVISION: The city, county school district, or special district.
PROPOSED SPONSORS: The owners of land in agricultural production who are sponsoring the proposal for creating an agricultural protection area.
STATE AGENCY: Each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel or other administrative unit of the state.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)

9-12-3: PLANNING COMMISSION DUTIES:

   The Corinne City planning commission will perform the duties set out in Utah Code Annotated section 17-41-303, or any later amendment or enactment of that section.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)

9-12-4: MINIMUM SIZE FOR AGRICULTURE PROTECTION AREAS:

Pursuant to Utah Code Annotated section 17-41-301(5), or any later amendment or enactment of that section, at least:
   A.   A two (2) acre or more qualifying continuous (touching) parcel(s) that is owned by the operator of the operation is required to start an APA. Smaller qualifying parcels that are contiguous and owned by the same owner/operator may be combined to achieve two (2) or more acres.
   B.   A two (2) acre or more qualifying continuous (touching) parcel(s) owned by the same owner may join the APA application.
   C.   A parcel of less than two (2) acres that is qualifying and contiguous to other APA property may join the application if the parcel is owned by the owner/operator of a contiguous APA qualified property.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)

9-12-5: FEES FOR ACCEPTING AND PROCESSING PROPOSALS:

   Any person or persons filing a proposal to create an agriculture protection area pursuant to Utah Code Annotated title 17, chapter 41, shall pay a fee at the time of filing. The amount of the fee shall be established by resolution of the Corinne City council. In addition, any person or persons filing a proposal for creation of an agriculture protection area shall reimburse Corinne City for all publication costs incurred by Corinne City in publishing the notices required under Utah Code Annotated title 17, chapter 41, or any subsequent amendment or enactment of that statute.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)

9-12-6: FILING PROCEDURE:

   A.   All proposals to create agriculture protection areas within Corinne City shall be filed in the office of the Corinne City clerk. All proposals must be accompanied by the filing fee established by the Corinne City council.
   B.   All owners of property applying for the APA must sign a notarized statement that they have read and understand the state and city requirements for land to qualify for inclusion in the APA and that they certify that their property complies.
   C.   The owner of record must sign the application for their property. If more than one owner is listed, then the majority of owners must sign the application.
   D.   Corinne City will allow for the signing by the holder of a proper power of attorney.
   E.   APA qualified land must be zoned agriculture or wetlands that has allowable agriculture uses by state or federal regulations.
   F.   Parcels with houses that are adjacent to qualifying agriculture land and that are lived in and owned by the operator of the agricultural operation may be included as per interpretation by the soil conservation review board.
(Ord. 07-01A, 10-2-2007; amd. Ord. 25-01, 2-18-2025)