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Torrey City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

10-1-1: SHORT TITLE:

This title shall be known as the TORREY ZONING ORDINANCE (that hereinafter may be referred to as "this Ordinance," "this Title," or "Land Use Ordinance"). (Ord. 4-21-001, 4-8-2021)

10-1-2: AUTHORITY AND APPLICABILITY:

   A.   Adoption: The Torrey Town Council adopts this title, including the map and appendices, as attached hereto, pursuant to the Municipal Land Use, Development and Management Act as amended (Utah Code Annotated sections 10-9a, et seq., hereinafter "the Act") and all other authorities and provisions of State and Federal laws and case law, as applicable. This title is adopted as a land use ordinance, as authorized and defined by the Act.
   B.   Applicability: This title shall apply to all property located within the boundaries of Torrey, Utah (that may be hereinafter referred to as "Torrey" or "the Town").
   C.   Construction: As provided by the Act, the Town may exercise all powers granted by the Act, except in cases clearly contrary to the intent of the law.
   D.   Consistency: The provisions and standards of this title are found to be consistent with the Torrey General Plan, as adopted.
   E.   These regulations qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 4-21-001, 4-8-2021)

10-1-3: DECLARATION:

This title provides for the establishment of zones and overlays with associated use requirements and standards, for the guidance, management, and regulation of all uses, buildings and structures, and other activities occurring within the Town. This title is found to be consistent with and to meet all requirements of the Act. (Ord. 4-21-001, 4-8-2021)

10-1-4: PURPOSES:

The purposes of this title are:
   A.   To implement the General Plan;
   B.   Provide for the health, safety, and well-being of all town residents;
   C.   Preserve the small, quiet, rural, quality of life in Torrey;
   D.   Guide and direct orderly growth and development, consistent with the General Plan, including its land use policies;
   E.   Provide for fairness and consistency in land use policy and all related decision-making;
   F.   Protect farming and ranching as a lifestyle choice for residents;
   G.   Preserve the Town's natural beauty and resources, including, but not limited to, open spaces, clean air and water, and night skies;
   H.   Provide for the establishment of appropriately compatible commercial activities that meet the needs of Town residents and visitors;
   I.   Protect landowners from adverse impacts and nuisance from adjoining uses;
   J.   Protect property values and the Town's tax base; and
   K.   Encourage pride in the appearance and quality of the Town. (Ord. 4-21-001, 4-8-2021)

10-1-5: EFFECTIVE DATE:

This title is effective on April 8, 2021, following its adoption by the Town Council, and the Town Council's receipt of a Planning Commission recommendation. (Ord. 4-21-001, 4-8-2021)

10-1-6: SEVERABILITY:

If any chapter, part, section, paragraph or subsection of this title, or the application thereof is held to be invalid, the remainder of this title shall not be affected thereby. (Ord. 4-21-001, 4-8-2021)

10-1-7:OMISSIONS:

An omission to specify or enumerate in this title those provisions of general law applicable to all Utah municipalities shall not be construed to be a waiver of any such laws. (Ord. 4-21-001, 4-8-2021)

10-1-8: AMENDMENTS:

   A.   This title may be amended by the Torrey Town Council from time to time, but any proposed amendment must first be submitted to the Planning Commission for review, a public hearing, and a recommendation with comments to the Town Council. Requests to amend this title may come from the Town Council, the Mayor, the Planning Commission, Torrey Town property owners, or Torrey Town residents.
   B.   No proposed amendment shall be adopted unless the proposed amendment complies with the following criteria:
      1.   The proposed amendment will place property similarly situated into the same zoning classification or in complementary classifications;
      2.   All uses permitted under the proposed amendment are in the general public interest and not merely in the interest of an individual or small group;
      3.   All uses permitted under the proposed amendment will be appropriate in the area to be included in the proposed amendment;
      4.   The character of the neighborhood will not be adversely affected by any use permitted in the proposed amendment; and
      5.   The proposed amendment is consistent with the town General Plan.
   C.   Before adopting any amendment to this title, the Town shall comply with the notice and hearing requirements of Utah Code Annotated section 10-9a-205. (Ord. 4-21-001, 4-8-2021)

10-1-9: FEES:

The Town Council may establish, by resolution, an administrative fee for the processing and review of applications for development approval, appeals and variances designed to recover an amount not to exceed the actual or anticipated costs of review. Service providers may adopt their own review fees. All review fees shall be paid prior to the approval of the development permit. (Ord. 4-21-001, 4-8-2021)