For the purposes of this chapter, the Town establishes the following zones:

   A.   1.   Residential/Agricultural Zone (RA): The Residential/Agriculture Zone is provided to promote and preserve conditions favorable to rural life and the keeping of limited numbers of animals and fowl. Additionally, it promotes the agricultural heritage of Torrey while preserving and promoting areas and conditions favorable to agriculture, preserving lands for natural drainage areas and agricultural uses, protecting views, preserving natural settings, and adding to the character and aesthetic qualities of the Town. The Residential/Agricultural Zone is characterized by a variety of parcel and lot sizes, which maintain open space. The Residential/Agricultural Zone is primarily residential in character, protected from the encroachment by nonresidential uses. It recognizes the heritage of the Town, seeks to protect those legacies for future generations, and ensures new development is compatible and found to be consistent with the Zone's purposes.

      2.   Residential/Agricultural Zone (RA) Location: This Zone includes all parcels and lots, except those not located in another zone, and as shown on the Torrey Zoning Map, located in appendix G.

   B.   1.   Mixed-Use Zone (MU): The purposes of the Mixed-Use Zone are to preserve the Town's existing small-town, rural character and to provide opportunities for the establishment of compatible commercial and residential activities. This Zone allows for a compatible and complementary mix of residential and nonresidential uses, and open spaces. The Mixed-Use Zone allows nonresidential uses, fosters integration and compatibility of uses, and encourages a walkable and safe pedestrian and biking environment. Overall purposes are to maintain open space, continue residential uses, promote economic development opportunities, and provide buffers and compatibilities between residential and nonresidential uses. The use of any parcel or lot in the Mixed-Use Zone remains permitted as it is at the time this title is adopted.

      2.   Mixed-Use Zone (MU) Location: The Mixed-Use Zone includes all parcels and lots with a common property boundary to the Main Street right-of-way and extending from the eastern Town boundary to the western Town boundary, and all parcels and lots with a common property boundary to the Center Street, extending from the centerline of 100 South Street to the centerline of 200 North Street, as shown on the Torrey Zoning Map, located in appendix G. (Ord. 4-21-001, 4-8-2021; amd. Ord., 2-23-2022)

The Torrey Zoning Map (appendix G) is hereby adopted by this reference and is made part of this title. The Torrey Zoning Map and the Town's zones may be amended from time to time as determined necessary by the Town Council, following the receipt of a Planning Commission recommendation. Further, other zones may be provided as determined necessary by the Town Council, following the receipt of a Planning Commission recommendation. (Ord. 4-21-001, 4-8-2021)

Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

   A.   Where a zone boundary is indicated as being the centerline of a road, street, alley, or following a property line, then unless otherwise definitely indicated by the Torrey Zoning Map (appendix G), the centerline of such road, street, alley or property line, shall be construed as the boundary of the zone.

   B.   Whenever a zone boundary is indicated as being the centerline of any river, irrigation canal, or other waterway, the boundary line of such public land or such section line shall be deemed to be the boundary of such zone.

   C.   When a zone boundary cannot be determined by the application of the above rules, the location may be determined by the use of the scale appearing on the Torrey Zoning Map (appendix G).

   D.   Where the application of the above rules does not clarify a zone boundary, the Town Council shall interpret the map following a recommendation by the Planning Commission. (Ord. 4-21-001, 4-8-2021)

   A.   Applications accepted as complete for any approval, license, or permit required by this title shall be processed, reviewed, and approved or denied, subject to the provisions of this title and other ordinances and resolutions of the Town, as applicable, in effect at the time the application is determined "complete."

   B.   No building or structure shall be erected, and no existing building or structure shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any use, activity, purpose other than as allowed by this title. (Ord. 4-21-001, 4-8-2021)

Unless provided by law nothing in this title shall be construed as having any authority over properties owned by the State of Utah or the United States. (Ord. 4-21-001, 4-8-2021)

Each county, municipality, school district, charter school, special district, and political subdivision of Utah shall comply with the provisions of this title unless law specifically provides otherwise. (Ord. 4-21-001, 4-8-2021)

   A.   Construction, alteration, repair, or removal of any building, structure, or part thereof as provided or as restricted in this title shall not be commenced or continued except after the issuance of a valid building permit, as required by the building inspector.

   B.   All applications for building permits, including accessory buildings, shall be submitted to the Planning Commission for land use review to assure conformity with the General Plan and compliance with this title. The applications shall include architectural and site development plans to scale, which shall show building locations, landscaping, prominent existing trees, ground cover treatment, fences, off street parking and circulation, location and size of the adjacent streets, north arrow, property lines, existing grades, proposed new grades, point of water and sewer connections, percolation results, curb cuts, and locations of all freestanding signs. (Ord. 4-21-001, 4-8-2021)

   A.   On the date of a determination of a complete application, any land use application shall vest to the terms of this title and the Act in effect on that date, unless such vesting is affected by a pending amendment to this title, or a temporary zoning regulation.

   B.   It is the intent of this title that no vested right shall be conferred pursuant to an application for development approval except for the following:

      1.   An application for building permit as provided by applicable law.

      2.   An application for final site plan or final subdivision plat as provided by applicable law.

      3.   A building permit shall be considered void after one hundred eighty (180) days if construction has not commenced.

      4.   All other development permits shall be considered void after one year unless substantial construction or development has taken place or has continued in good faith without interruption. One six (6) month extension of a development permit may be granted by the Town Council upon a finding that special circumstances exist which warrant such an extension, including, but not limited to, a delay caused by a government review agency or a natural disaster. (Ord. 4-21-001, 4-8-2021)

   A.   The requirements of this title pertaining to minimum lot area or width shall not prevent the use for a single-family dwelling on any parcel or lot of land in the event that the parcel or lot was held in separate ownership at the time such parcel or lot became nonconforming as to area or width.

   B.   Every dwelling shall be located and maintained on a parcel or lot, as defined herein.

   C.   No space needed to meet the requirements of this title for minimum lot size may be sold or leased away from such lot.

   D.   No parcel of land which has less than the minimum area requirement may be separated from a larger parcel of land for any purpose. (Ord. 4-21-001, 4-8-2021)