A Recreational Vehicle may not be used as an accessory building or for
any purpose other than the use intended by the manufacturer. A demolition permit is required for the
demolition or salvage of a Recreational Vehicle or for transportation for demolition or salvage.
(Ord. 08-2009, Added, 09/01/2009)
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Chapter 19.08
DEFINITIONS
Sections: Certain words and terms are used in this zoning
ordinance
for the purposes of this title and are
defined as follows:
A. Unless the
context clearly indicates
the contrary, words used in the present tense include
the future; the singular numbers include the plural, and the plural the singular.
B. The word
"person" includes
a profit or nonprofit corporation, company, partnership or
individual.
C. The word
"shall" is mandatory,
and not directory; and the word "may" is permissive.
D. The word
"lot" includes
the word "plot."
E. The word
"structure"
includes the word "building."
F. The word
"use" and the
word "used" refer to any purpose for which a lot of land or part
thereof is arranged, intended or designed to be used, occupied, maintained, made available or
offered for use; and to any purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available or offered for use, or
erected reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using
the same. (Ord. 9-89 (part))
"Accessory use or building" means a
subordinate
use or building customarily incidental to, and
located on the same lot occupied by the main use or building. The term "accessory
building"
may
include a private garage, garden shed or barn, a private playhouse, a private greenhouse and a
swimming pool in accordance with the provisions of this title. (Ord. 9-89 (part))
"Agricultural uses" means lands
including necessary
buildings and structures, which are used
for agriculture, including, but not limited to, farming, grazing, dairying, pasturage, agriculture,
horticulture and animal and poultry husbandry, as well as the necessary accessory uses; provided,
however, that the operation of any such accessory uses shall be secondary to that of the normal
agricultural activities. (Ord. 9-89 (part))
"Benefaction" means the dressing or
processing
of ores for the purpose of regulating the size
of a desired product; removing unwanted constituents; and improving the quality, purity or assay
grade of a desired product. (Ord. 9-89 (part))
"Block" means a tract of land or a
lot or group
of lots, bounded by streets, public parks, or
parkways, railroad right-of-ways, watercourse or body of water, unsubdivided land, or a
boundary line or lines of the county or any combination thereof. (Ord. 9-89 (part))
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"Block frontage" means that portion
of a block
which abuts a single street. (Ord. 9-89 (part))
"Boarding or lodging house" means
a private dwelling
in which at least two but no more than
six rooms are offered for rent, payable in money or other consideration, whether or not table
board is furnished to lodgers, and in which no transients are accommodated and no public
restaurant is maintained. (Ord. 9-89 (part))
"Area of building" means the
horizontal area measured
around the outside of the foundation
walls and of the floors or roofed porches and roofed terraces inclusive, and including the area of
accessory buildings, if any. In the case of split-level dwellings, the "first floor area"
shall be
deemed to include floor areas on two nonoverlapping levels, separated by a half story, or less, of
height. (Ord. 9-89 (part))
"Business center development"
means a tract of
land, buildings or structures planned as a
whole and intended for one or more establishments for a commercial purpose on a site, whether
built at one time as a unit, or in two or more construction stages. (Ord. 9-89 (part))
"Cellar" means an accessory
structure having more
than one-half its height below the average
curb level of the street abutting the front of the lot, or below the average finished grade level of
the ground immediately adjacent to the building. A cellar shall not be used for residential
purposes. (Ord. 9-89 (part))
See Section 19.08.300. (Ord. 9-89 (part))
"Dwelling" means a building
arranged, intended
or designed to be occupied by one or more
families living independently of each other upon the premises. (See also "multiple
dwelling"
and
"single-family detached dwelling.") (Ord. 9-89 (part))
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"Family" means one or more
individuals living independently
as a single housekeeping unit
who are related by blood or marriage and using cooking facilities and certain rooms in common.
A family may include two persons as roomers not related by blood or marriage. A family shall
not be deemed to include the occupants of a college dormitory or residential club. (Ord. 9-89
(part))
"Filling station" means a building or
lot or part
thereof supplying and selling gasoline or other
equipment fuel for motor vehicles at retail direct from pumps or storage tanks. A filling station
may include accessory facilities for rendering services such as lubrication, washing and minor
repairs with hand tools. (Ord. 9-89 (part))
"Floodplain" means the relatively
flat area of
land area that may be inundated by flood, as
designated by the federal government. (Ord. 9-89 (part))
"Floor area" means the total
horizontal area of
a building measured on the outside walls of
each story. (Ord. 9-89 (part))
"Garage" means a building or part
thereof used
for the storage or parking of one or more
vehicles. (Ord. 9-89 (part))
"Parking garage" means a garage for
the convenience
of the general public in which no
servicing, repairs, washing or reconditioning of motor vehicles is carried on. (Ord. 9-89
(part))
"Repair garage" means any garage
other than a private
garage or parking garage. A repair
garage may include servicing, repairs, washing or reconditioning of motor vehicles, and filling
station facilities. (Ord. 9-89 (part))
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"Height of a structure" means the
vertical distance
derived from the average finished grade at
the foundation corners of the building or structure, to the highest point of the building or
structure excluding a chimney or other similar structure listed in Section 19.40.040. (Ord. 9-89
(part))
"Home occupation" means an
incidental or secondary
use of a residence in a residential zone
for business purposes or ventures. Such may be classified as "major" or
"minor"
or
"unauthorized" home occupations.
A. Major Home
Occupation. A home occupation
which is owned and operated by the
inhabitant of the residence and employs at least one, but not more than two persons who do not
inhabit the residence.
B. Minor Home
Occupation. A home occupation
which is owned and operated by the
inhabitant of the residence and does not employ any outside persons.
C. Unauthorized
Home Occupation. All
other home occupations which do not qualify as a
"major home occupation" or a "minor home occupation." (Ord. 2-91
(part): Ord. 9-89
(part))
See "residential professional office."
(Ord. 2-91
(part): Ord. 9-89 (part))
"Hospital" means a building used
for the diagnosis,
treatment, or other care of human ailments,
unless otherwise specified. A hospital shall be deemed to include a sanitarium, clinic,
convalescent home, nursing home, rest home or other building with an equivalent appellation. A
hospital shall not include care and treatment of mental patients, liquor or drug addicts, except
incidentally. (Ord. 9-89 (part))
"Hotel" means a building or part
thereof which
has a common entrance, common heating
systems and general dining room, and which contains seven or more living and sleeping rooms
designed to be occupied by individuals or groups of individuals for compensation. (Ord. 9-89
(part))
"Industrial park" means a group of
nonnuisance
industrial plants on a single parcel of land, or
on separate parcels contiguously arranged, so as to form a planned development of industrial
sites, building or buildings. (Ord. 9-89 (part))
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"Nonnuisance industry" means any
industry which
is not detrimental to the environment in
which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive
light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant
hazards and which does not include any open storage yards or outdoor processing of materials.
(Ord. 9-89 (part))
A business which engages in buying, collecting, acquiring, selling
or disposing
of articles that
have outlived their usefulness in their originally manufactured or produced form. (Ord. 9-89
(part)) (Ord. No. 6-93, Amended, 06/01/93)
"Landfill" means a lot or parcel of
land, or portion
thereof, used primarily for disposal by
abandonment, dumping, burial, burning, incineration, or other means of garbage, offal, sewage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste materials of any
kind. (Ord. 9-89 (part))
"Lot" means a parcel of land used or
designed to
be used by one use or structure, or by a
related group of uses or structures, and the accessory uses or structures customarily incidental
thereto, including such open spaces as are arranged or designed and required in connection with
the structure or group of structures. A lot may be or may not be the land shown as a single lot on
a duly recorded plat or other official record. (Ord. 9-89 (part))
"Lot area" means the total
horizontal area included
within lot lines. (Ord. 9-89 (part))
"Corner lot" means a lot at the
junction of and
fronting on two or more intersecting streets, the
angle of intersection being not more than one hundred thirty-five degrees. (Ord. 9-89
(part))
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"Depth of lot" means the mean
distance between
the front lot line and the rear lot line. The
greater frontage of a corner lot is its depth and the lesser frontage is its width. (Ord. 9-89
(part))
"Lot line" means any boundary of a
lot. Any lot
line not a rear lot line nor a front line shall be
deemed a side lot line or a corner lot line. (Ord. 9-89 (part))
"Corner lot line" means, on a corner
lot, the frontage
line which is not designated a front lot
line. (Ord. 9-89 (part))
"Front lot line" means the street line
at the front
of a lot. On a corner lot, the owner may
specify the front lot line on the plot plan. (Ord. 9-89 (part))
"Rear lot line" means the lot line
opposite to
the front lot line. (Ord. 9-89 (part))
"Through lot" means a lot extending
from one street
to another, uninterrupted by public right-of-way. (Ord. 9-89 (part))
"Width of lot" means the mean
dimension measured
at substantially right angles to the depth
of the lot. (Ord. 9-89 (part))
"Main use or building" means the
principal or most
important use or building on a lot. (Ord. 9-89 (part))
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A structure, transportable in one or more dependent sections, constructed in conformance with
the National Manufactured Housing Construction and Safety Standards Act, which is built on a
permanent chassis and designed to be used as a single family residential dwelling unit.
(09-2000, Added, 09/05/2000)
"Medical office building" means a
building used
exclusively by physicians and dentists for
treatment and examination of patients; provided, that no overnight patients shall be kept on the
premises. (Ord. 9-89 (part))
"Membership club" means a
building structure, lot
or land area used as a private club or social
organization not conducted for private profit or gain. (Ord. 9-89 (part))
"Mill" means a reducing plant
where ore is concentrated
and/or metals recovered. (Ord. 9-89
(part))
"Milling" means the grinding or
crushing of ore.
The term may include the operating of
removing valueless or harmful constituents and preparation for market. (Ord. 9-89 (part))
"Mine" means an opening or
excavation in the earth
for the purpose of extracting minerals.
(Ord. 9-89 (part))
"Mineral exploration" means the
search for coal,
mineral or ore by geological surveys,
geophysical prospecting, boreholes and trial pits, surface or underground headings, drifts or
tunnels. (Ord. 9-89 (part))
"Mining" means the process of
obtaining useful
minerals from the earth's crust, including both
underground excavations and surface workings. (Ord. 9-89 (part))
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"Mobile home" as defined in
16.08.270. (Ord. 9-89
(part))
"Mobile home park" as defined in
16.08.290. (Ord.
9-89 (part))
A structure, transportable in one or more dependent sections,
designed for use
as a single
family residential dwelling unit, not built on a permanent chassis, capable of being transported
from the place of fabrication to the site on which it is to be erected, where it is placed on a
permanent foundation and, when assembled, meets all of the provisions of the Uniform Building
Code for residential dwelling units. (Ord. 9-89 (part); Ord. No. 09-00, Amended
9/5/00)
(09-2000, Amended, 09/05/2000)
"Motel" means a building, or group
of buildings,
whether detached or in connected units, used
as individual sleeping or dwelling units with direct outside access, designed primarily for
transient automobile travelers, and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges, auto courts and
other
similar
appellations, but shall not be construed to include mobile or immobile trailers. (Ord. 9-89
(part))
"Multiple dwelling" means a
building arranged,
intended or designed to be occupied by three
or more families living independently of each other as separate housekeeping units. (Ord. 9-89
(part))
"Multiple dwelling development"
means one or more
multiple dwelling buildings planned as a
single unit. (Ord. 9-89 (part))
"Net residential density" means the
ratio obtained
by dividing the number of dwelling units on
a lot by the area (excluding drives, streets and required open space) of the lot expressed in units
per acre. (Ord. 9-89 (part))
"Nonconforming structure" means a
structure lawfully
existing at the effective date of the
ordinance codified in this title or any amendment thereto affecting the structure, which does not
conform to the building regulations of this title for the district in which it is situated, irrespective
of the use to which the structure is put. (Ord. 9-89 (part))
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"Nonconforming use" means any
use of a building,
structure, lot or land, or part thereof,
lawfully existing at the effective date of the ordinance codified in this title or any amendment
thereto affecting the use, which does not conform to the use regulations of this title for the
district in which it is situated. (Ord. 9-89 (part))
"Parking area" means a lot or part
thereof used
for the storage or parking of motor vehicles,
with or without the payment of rent or charges in money or other consideration. (Ord. 9-89
(part))
"Planning commission" means the
planning commission
of Rawlins. (Ord. 9-89 (part))
"Processing" means the methods
employed to clean,
process and prepare coal and metallic ores
into the final marketable product. (Ord. 9-89 (part))
"Professional service" means a
vocation, occupation
or employment which involves labor,
skill, education, special knowledge and compensation or profit, but the labor and skill involved is
predominantly mental or intellectual, rather than physical or manual; e.g., legal, medical, real
estate, insurance. (Ord. 2-91 (part))
"Public notice" means notice of the
time and place
of a hearing, meeting or proceeding printed
in the official newspaper of Rawlins as required by law. (Ord. 9-89 (part))
"Recreation vehicle" means a
vehicle whether self-propelled,
drawn or carried, used as
temporary living quarters. (Ord. 9-89 (part))
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"Recreation vehicle park" means a
lot or parcel
of land used for the storage, parking or
temporary placement of recreation vehicles whether powered, towed or hauled, which are
utilized by people as temporary dwelling quarters. (Ord. 9-89 (part))
"Residential professional office"
means an office
in which professional services are offered or
employed located in a residential zone utilizing an existing residential building, with no
residential use or overnight occupancy in connection therewith, and which use does not detract
from or detrimentally change the character of the neighborhood. (Ord. 2-91 (part))
"Sand or gravel pit" means a lot or
land, or part
thereof, used for the purpose of extracting
sand, gravel, soil for sale, as an industrial operation and exclusive of a lot preparatory to the
construction of a building. (Ord. 9-89 (part))
"Sign" means any device which
visually imparts
a message through the use of texts, pictures or
models. (Ord. 9-89 (part))
"Advertising sign" means a sign
which directs attention
to a business, commodity, service or
entertainment conducted, sold or offered elsewhere than upon the property where the sign is
displayed. (Ord. 9-89 (part))
"Announcement or professional
sign" means a sign
on a residential building which directs
attention to a home professional office, home occupation or professional office in the residential
building. (Ord. 9-89 (part))
"Business sign" means a sign which
directs attention
to a business or profession conducted
upon the property where the sign is displayed. (Ord. 9-89 (part))
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"Single family residence" means a dwelling designed
for one (1) family occupancy. A manufactured or modular home, when constructed to the most current
applicable building standards at the time of placing, placed on a permanent foundation, located in a
residential zone and converted to real property prior to occupancy, shall be considered a single family
residence.
(Ord. No. 09-00, Adopted, 9/5/00)
(09-2000, Added, 09/05/2000)
"Single-family detached dwelling"
means a building,
on a lot, designed and occupied
exclusively as a residence for one family, and which has no part in common with an adjacent
building. For purposes of this title, trailers, automobile trailers and mobile homes are not
considered single-family detached dwellings. (Ord. 9-89 (part))
"Site plan" means a map indicating
the location
and dimensions of prominent existing and
proposed features and development of a tract and its surroundings and the general street layout.
(Ord. 9-89 (part))
"Special use permit" means a use
specified in one
or more districts, for which the planning
commission may grant a permit, pursuant to the provisions of this title. (Ord. 9-89 (part))
"Stock-in-trade" means products,
goods or merchandise
kept by a merchant for sale or traffic
which require no assembly or skill to bring to final salable condition. (Ord. 2-91 (part))
"Street" means any road, highway,
avenue, street,
parkway, lane or other way, public or
private, set aside and commonly used by the public for street purposes, and shown upon the city
map or upon a file plat. (Ord. 9-89 (part))
"Street line" means the dividing line
between a
lot and the outside boundary of a public street
or street right-of-way, or between a lot and private street which serves two or more separately
owned homes or buildings. (Ord. 9-89 (part))
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"Structure" means anything
constructed or erected
on or under the ground or upon another
structure, or building, but not including elements such as lean-tos, fences, pumphouses, or other
minor buildings accessory to any agriculture use. (Ord. 9-89 (part))
"Private swimming pool" means any
constructed body
of water or structure to contain water,
pursuant to the provisions of Chapter 19.40 and any accessory equipment pertaining thereto, used
or intended to be used for swimming or bathing by any family of persons residing on the
premises and their guests. The term "private swimming pool" shall not include
swimming pools
located on a lot only as an accessory use to a hotel, motel or membership club. (Ord. 9-89
(part))
"Tourist home" means a residential
building in
which rooms are rented primarily to transient
automobile travelers. (Ord. 9-89 (part))
See Sections 19.08.595 and 19.08.485. (Ord.
9-89 (part))
See Sections 19.08.597 and 19.08.487. (Ord.
9-89 (part))
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"Variance" means a modification of
the regulations
of this title granted on grounds of practical
difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Chapter
19.76 and the laws of the state. (Ord. 9-89 (part))
"Corner yard" means, on a corner
lot, the unoccupied
space on the same lot with a building
situated between the nearest roofed portion of the building and the corner lot line, and extending
from front yard to rear yard. (Ord. 9-89 (part))
"Front yard" means an open
unoccupied space on
the same lot with a building situated
between the nearest roofed portion of the building and the front line of the lot, and extending
from side lot line to side lot line. (Ord. 9-89 (part))
"Rear yard" means a space on the
same lot with
a building situated between the nearest roofed
portion of the building and the rear lot line of the lot, and extending from side lot line to side lot
line. (Ord. 9-89 (part))
"Side yard" means an opened
unoccupied space on
the same lot with a building situated
between the nearest roofed portion of the building or of any accessory building and the side lot
line of the lot, and extending through from the front yard or from the front lot line where no front
yard exists, to the rear yard, or to the rear lot line where no rear yard exists. (Ord. 9-89
(part))
"Zoning officer" means the duly
sworn constituted
city official designated to administer and
enforce this zoning title. (Ord. 9-89 (part))
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Chapter 19.12
ADMINISTRATION AND ENFORCEMENT
Sections:Section 19.12.010 Interpretation.
In applying and interpreting the provisions of
this title
they shall be held to be minimum
requirements adopted for the promotion of the public health, safety, morals, comfort,
convenience and general welfare. (Ord. 9-89 (part))
A. It shall be the
responsibility
of the zoning officer to administer this title.
B. It is unlawful to
locate, erect,
construct, reconstruct, enlarge or use any building or use
any land within the incorporated area of Rawlins without first complying with this title. (Ord.
9-89
(part))
A. The planning
commission, with the
approval of the city council, shall appoint a zoning
officer for the administration and enforcement of the provisions of this title.
B. The zoning
officer (or his deputy)
shall have the authority and responsibility to enter upon
any public or private premises and make inspection thereof at any reasonable time, and for any
proper purpose in enforcing this title. Further, upon reasonable cause or question as to proper
compliance, to revoke any permit and issue cease and desist orders requiring the cessation of any
building, moving, alteration or use which is in violation of the provisions of this title. (Ord. 9-89
(part))
The zoning officer shall keep, file and maintain
all records
regarding certificates of occupancy,
applications and all actions, notes and minutes of the planning commission related to this title,
including mapping of land uses, variances and special permits by address and legal description.
(Ord. 9-89 (part))
The zoning officer shall attend all meetings of
the planning
and zoning commission. (Ord. 9-89 (part))
The zoning officer shall prepare a written annual
report
of the calendar year activities to the
planning commission at its regular February meeting for the preceding calendar year. The
planning commission shall review and publish the annual report, including descriptions of other
commission activities, by the end of the month of April following the report year. (Ord. 9-89
(part))
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Chapter 19.16
DISTRICTS
Sections:Section 19.16.010 Districts designated.
For the purposes of this title, the city is divided into seven
classes
of districts and overlays as
follows:
A. R-A district, ranching and
agriculture;
B. R district, residential
development;
C. C-1 district, retail
business;
D. C-2 district, highway
business;
E. I district,
industrial;
F. I-A district, Intensive agricultural.
G. HRO, historic residential
overlay.
(Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95; Ord. No. 2-98, Amended, 02/03/98;
Ord. No. 07-02, Amended 07/16/02)
(Ord. 19.16.010, Amended, 07/18/2002)
The boundaries of each district or zone are
established as
shown on the official zoning map of
the city which accompanies the ordinance codified in this title and is declared to be a part of this
title. (Ord. 9-89 (part))
The district boundary lines are intended
generally to follow
the centerline of streets and
similar right-of-way or lot lines, or straight line projections of such lines, or city boundary lines,
township or section lines all as shown on the zoning map; but where a district boundary line does
not follow such a line, its position is shown on the zoning map by a specific dimension
expressing its distance in feet from a street line or another boundary line as indicated. (Ord. 9-89
(part))
In case of uncertainty as to the true location of a
district
boundary line in a particular instance,
the determination thereof shall be made by the zoning officer. An appeal may be taken to the
board of adjustments as provided in Chapter 19.76. (Ord. 9-89 (part))
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All of that portion of the NE1/4NW1/4 of Section 20 T21N, R87W
6th P.M. is zoned
Industrial excepting a trianglar shape tract of land owned by the Union Pacific Railroad and
already zoned Industrial. (Ord. No. 7-97, Enacted, 07/01/97)
The Intensive Agriculture (I-A) District boundary of the Glenn
Addition is: Beginning at the
Southwest Corner of Section 15, T21N, R87W, 6th P.M., Carbon County, Wyoming; thence
N0
°
12'26"E, 1327.99 ft. along the west line of said Section 15; thence
S89
°
53'15"E, 1310.39 ft.
along the north line of the SW1/4, SW1/4 of said Section 15; thence N0
°
14'57"E, 390.96 ft.
along the west line of the NE1/4,SW1/4 of said section 15 to the south line of the UPRR Right of
Way; then southeasterly, 184.53 ft. along the UPRR Right of Way on a curve to the right with a
radius of 1773.5 ft. and through a central angle of 5
°
57'36", thence S69
°
03'33"E, 1260.93 ft.
along the UPRR Right of Way to the intersection with the Highway I-80 Right of way; thence
S55
°
57'35"W, 1108.91 ft. along the Highway I-80 Right of Way; thence
S34
°
02'25"E, 100.00 ft.
along the Highway I-80 Right of Way; thence S55
°
57'35"W, 840.00 ft. along the Highway I-80
Right of Way to the south line of said Section 15; thence S89
°
44'32"W, 1110.93 ft. along the
south line of said Section 15 to the point of beginning; all of the preceding description being in
Section 15, T21N, R87W, of the 6th P.M., Carbon County, Wyoming, containing 63.127 acres.
(Ord. No. 12-97, Enacted, 12/16/97)
The
Historic Residential Overlay Boundary consists of the following three parcels, all
within
the City of Rawlins, Carbon County, Wyoming as shown on attached
map.
Parcel
A
A
@
- A parcel of land which includes all of the Merrell
Addition, all of
the Second
Merrell
Addition, all of the Third Merrell Addition, all of the South Side Addition, all of
the Second South Side Addition, all of the Third South Side Addition and a
portion of the Southpark Addition described as follows:
Beginning at the southwest corner of the Southpark Addition;
Thence in a northerly direction along the westerly boundary line of said
Southpark Addition to the northwest corner of said Southpark Addition;
Thence in an easterly direction along the northerly boundary line of said
Southpark Addition to the northeast corner of said Southpark Addition;
Thence in southerly direction along the easterly boundary line of said
Southpark Addition to the intersection of a easterly extension of the
centerline of the alley in block 3 of said Southpark Addition;
Thence in a westerly direction along said extension to the intersection of
the westerly right-of-way line of Jefferson Street;
Thence continuing in a westerly direction along said centerline to the
intersection of the easterly right-of-way line of Washington Street;
Thence continuing in a westerly direction along a westerly extension of
said centerline of the alley in block 3 to the intersection of the centerline
of said Washington Street;
Thence in a southerly direction along said centerline to the intersection
of Davis Street;
Thence continuing in a southerly direction along a southerly extension of
said centerline of Washington Street to the intersection of the southerly
boundary line of said Southpark Addition;
Thence in a westerly direction along said southerly boundary line to the
southwest corner of said Southpark Addition, also being the
Point of
beginning.
Parcel
A
B
@
- A parcel of land Beginning at the northeast
corner of the Friendly
Hills Addition;
Thence southeasterly along the easterly boundary of the Friendly Hills
Addition, also being the easterly right-of-way line of Rodeo Street to
the intersection of the northerly right-of-way line of Spruce Street;
Thence continuing in a southeasterly direction along a southeasterly
extension of the easterly boundary of said Friendly Hills Addition
to the intersection
of the southerly right-of-way line of Spruce Street,
point also being
on the easterly right-of-way line of Rodeo Street and
the northwest
corner of Lot 1, Block 2 of the Friendly Hills Addition.
Chapter Index
Section Index
Chapter Index
Section Index
1Distance increases to a minimum of thirty feet if building houses
livestock.
2Greater heights may be approved by the planning commission if the proposed height will not have a detrimental effect on adjacent properties. (Ord. 9-89 (part))
Section 19.20.060 Use regulations compliance.
Thence continuing in a southeasterly direction along the easterly
right-of-way
line of Rodeo Street to the southwesterly corner of said
Lot 1;
Thence continuing along a southeasterly extension of the easterly right-
of-way line
of said Rodeo Street in a southeasterly direction to the
intersection
of the southerly boundary of the Friendly Hills Addition;
Thence in a southwesterly direction along said southerly boundary of the
Friendly Hills
Addition to the southwesterly corner of the Friendly Hills
Addition;
Thence in a southwesterly direction along a southwesterly extension of
the southerly
boundary line of the Friendly Hills Addition to the
intersection
of the centerline of Utah Street;
Thence in a southeasterly direction along the centerline of Utah Street to
the intersection
of an easterly extension of the centerline of the alley in
Block J of the
School Land Addition;
Thence in a southwesterly direction along said extension of said
centerline and
continuing in a southwesterly direction along said
centerline to
the easterly right-of-way line of Colorado Street;
Thence continuing in a southwesterly direction along a southwesterly
extension of
said centerline of alley in block J to the intersection of the
centerline of
Wyoming Street;
Thence in a northwesterly direction along the centerline of
Wyoming Street
to the
intersection of an easterly extension of the
southerly right-of-way
line of Spruce Street;
Thence in a northeasterly direction along said extension and continuing northeasterly
along the southerly right-of-way line of Spruce
Street to the
intersection of a southerly extension of the west right-
of-way line
of Colorado Street;
Thence in a northwesterly direction along said extension and continuing
in a northeasterly
direction along the westerly right-of-way line of
Colorado Street
to the southerly right-of-way line of Maple Street;
Thence in a southwesterly direction along said southerly right-of-way
line of Maple
Street to the intersection of a southwesterly extension
of the easterly
right-of-way line of First Street; Thence in a
northwesterly
direction along said extension and continuing along
the easterly
right-of-way line of First Street to the intersection of
the northerly
boundary of the Mahoney Tierney Addition;
Thence in an northeasterly direction along said boundary to the
northeast corner
of the Mahoney Tierney Addition, point also being
the northwest
corner of the Third Hillside Addition;
Thence in an easterly direction along the northerly boundary of the
Third Hillside
Addition to the northeast corner of the Third Hillside
Addition, point
also being the northwest corner of the Friendly Hills Addition;
Thence in an easterly direction along the northerly boundary of the Friendly Hills
Addition to
the northeast corner of said Friendly Hills
Addition, point also being the
Point of Beginning.
Parcel
A
C
@
- A parcel of land Beginning at the intersection of
the northerly
right-of- way
line of Spruce Street and the easterly right-of-way line of Fifteenth Street;
Thence in a northerly direction along the easterly right-of-way line of
Fifteenth Street to the intersection of the southerly right-of-way line
of Walnut Street;
Thence continuing in a northerly direction along a northerly extension
of the easterly right-of-way of Fifteenth Street to the intersection of the
centerline of Walnut Street;
Thence in an easterly direction along the centerline of Walnut Street
to the intersection of Fourteenth Street;
Thence in a northerly direction along the centerline of Fourteenth Street
to the intersection
of the centerline of Date Street;
Thence in an easterly direction along the centerline of Date Street to the
westerly border of the Fourth Park Hill
Addition;
Thence in a northerly direction along the westerly boundary line of said
Fourth Park Hill Addition to the northeast corner of
said Fourth
Park
Hill Addition, point also being the southwest
corner of the
Fifth Park
Hill Addition;
Thence in a northerly direction along the western boundary line of said
Fifth Park Hill Addition to the northwest corner of
said Fifth
Park Hill Addition;
Thence in a easterly direction along the northerly boundary of said Fifth
Park Hill Addition to the intersection of the
centerline of
the alley
between lots 14 and 15 in block 7 of the Modified
Mountain View
Addition;
Thence in a northerly direction along said centerline to a southerly extension of the alley
centerline between lots 8 and 26 of said block
7
of the Modified Mountain View
Addition;
Thence in a northerly direction along said extension and continuing
along said centerline of alley to the intersection of
the southerly
right-of-way line of Birch Street;
Thence in a northerly direction along a northerly extension of said alley
centerline between lots 8 and 26 of said block 7 to
the intersection
of
the centerline of Birch Street;
Thence in an easterly direction along said centerline to the intersection
of the centerline of Thirteenth Street;
Thence in a northerly direction along said centerline to the intersection
of
the centerline
of Fourteenth Street;
Thence in a northeasterly direction to a southerly extension of the
centerline of the alley between lots 14 and 15 in
block 14 of
the
Modified Mountain View Addition;
Thence in a northerly direction along said extension and continuing
along said centerline to the intersection of the
centerline
of the alley between lots 1 and 6 of
said block 14;
Thence in a westerly direction along said centerline to a southerly
extension of the easterly right-of-way line of
Mountain View
Boulevard;
Thence in a northerly direction along said extension and continuing
along said easterly right-of-way to the intersection
of the
southerly
right-of-way line of High Street;
Thence in a northerly direction along a northerly extension of said
easterly right-of-way to
the intersection of the centerline of High Street;
Thence continuing in a easterly direction along said centerline to the
intersection
of the
centerline of Eighth Street;
Thence in a southerly direction along said centerline to the intersection
of the northerly boundary of the Park Hill
Addition;
Thence in a easterly direction along said northerly boundary to the northeast corner of
said
Park Hill Addition;
Thence in a southerly direction along the easterly boundary of said
Park Hill Addition to the intersection of the
northerly boundary
of the
Fifth Addition;
Thence in a southwesterly direction along the northerly boundary of
said Fifth Addition to the northwest corner of said
Fifth Addition;
Thence in a southeasterly direction along the westerly boundary of said
Fifth Addition to the intersection of the southerly
right-of-way
line of Buffalo Street;
Thence in a northeasterly direction along said right-of-way line to the
intersection
of the
westerly right-of-way line of Sixth Street;
Thence continuing in an northeasterly direction along a northeasterly
extension of said southerly right-of-way line of
Buffalo Street
to the intersection of the
centerline of Sixth Street;
Thence in a southeasterly direction along said centerline to the
intersection of the centerline of Cedar Street;
Thence in a southwesterly direction along said centerline to the
intersection of the centerline of Seventh
Street;
Thence in a southeasterly direction along said centerline to an easterly
extension
of the
northerly right-of-way line of Front Street;
Thence in a southwesterly direction along said extension to the
intersection
of the westerly right-of-way line of Seventh Street;
Thence continuing in a southwesterly direction along said northerly right-
of-way line
of Front Street to the intersection of the easterly right-of-way
line of Eighth
Street;
Thence continuing in a southwesterly direction along a southwesterly
extension of
said northerly right-of-way line of Front Street to the
intersection
of the centerline of Eighth Street;
Thence in a northwesterly direction along said centerline to a
northeasterly
extension of the northerly right-of-way line of Cedar Street;
Thence in a southwesterly direction along said extension to the westerly
right-of-way
line of Tenth Street, point also being on the easterly boundary
line of the
Tolliver Addition;
Thence in a southeasterly direction along said easterly boundary of said
Tolliver Addition
to the southeast corner of said Tolliver Addition;
Thence in a southwesterly direction along the southerly boundary of
said Tolliver
Addition to a southerly extension of the centerline of the
alley between
lots 15 and 16 of Block 4 of said Tolliver Addition;
Thence in a northerly direction along said extension to the centerline of
said alley;
Thence continuing in a northerly direction along said centerline to
the intersection
of the southerly right-of-way line of South Jeffers
Drive;
Thence continuing in a northerly direction along a northerly extension of
the centerline
of said alley between lots 15 and 16 of block 4 to the
intersection
of the centerline of South Jeffers Drive;
Thence in a southwesterly direction along the centerline of said South
Jeffers Drive
to the intersection of the centerline of West Jeffers Drive;
Thence in a northwesterly direction along the centerline of West Jeffers
Drive to the
intersection of the centerline of Twelfth Street;
Thence in a northerly direction along the centerline of Twelfth Street to
the intersection
of the centerline of North Jeffers Drive;
Thence in easterly direction to the intersection of the centerline of
Eleventh Street;
Thence in a northerly direction along said centerline to the southerly
boundary of
the Park Hill Addition;
Thence in a westerly direction along said southerly boundary to the
southwest corner
of said Park Hill Addition, also being the southeast
corner of the
Second Park Hill Addition;
Thence continuing in a westerly direction along the southerly boundary
of said Second
Park Hill Addition to the southwest corner of said Second
Park Hill Addition;
Thence in a northerly direction along the westerly boundary of said
Second Park
Hill Addition to the intersection of the southerly right-of-way
line of Spruce
Street;
Thence in a northerly direction along a northerly extension of the
westerly boundary
of said Second Park Hill Addition to the intersection
of the northerly
right-of-way line of said Spruce Street, point also being
the southwest
corner of lot 18, block 28 of the Third Park Hill Addition;
Thence in a southwesterly direction along a southwesterly extension of
said northerly
right-of-way line of Spruce Street and continuing in
a southwesterly
direction along said northerly right-of-way line to
the southwest
corner of the Sixth Park Hill Addition, said point
also being the
Point of Beginning. (Ord. No. 07a-02, Adopted, 07/16/02)
(07b-2002, Added, 07/16/2002)
Chapter Index
Section Index
Chapter 19.20
R-A DISTRICT
Sections: The purpose of this district is to preserve open
areas within
the city not yet ready for
development while at the same time permit ranching, agriculture and animal husbandry in a
manner which attains this purpose. (Ord. 9-89 (part))
Permitted uses in the R-A district shall be as
follows:
A. Residential,
general ranching,
agriculture, farming, animal husbandry and their related
residences, uses and facilities;
B. Churches and
Sunday schools;
C. Public parks and
playgrounds;
D. Cemeteries;
E. Buried
underground utility lines
and facilities and overhead electrical transmission lines
only serving the city. (Ord. 9-89 (part))
The following uses are permitted subject to the
planning
commission's approval pursuant to
Chapter 19.56:
A. Airports and
radio transmitting
stations;
B. Institutions, rest
homes, hospitals,
clinics;
C. Public buildings,
schools;
D. Public facilities
and utilities
limited to aboveground structures including sewage
treatment and water supply facilities, sanitary landfill operations, substations, distribution and
regulator stations and overhead electrical transmission lines serving areas other than Rawlins, all
conforming to State Health Department requirements;
E. Membership
clubs;
F. Automobile
trailer courts as defined
in Chapter 19.08;
G. Public and
commercial recreation
areas and facilities, including fishing ponds and
campgrounds;
H. Any use,
building or structure
proposed in an area classified as scenic corridor (except
Section 19.20.020 uses) pursuant to Chapters 19.56 and 19.68;
I. Major home
occupation, subject
to the conditions imposed in Chapter 19.40. (Ord. 2-91
(part); Ord. 9-89 (part))
Chapter Index
Section Index
Accessory uses in the R-A district shall be as
follows:
A. Customary
accessory structures
and uses;
B. Signs pursuant
to Chapter 19.48;
C. Minor home
occupation, subject
to the conditions imposed in Chapter 19.40 and
obtaining the required permit from the community development office;
D. Boardinghouse
or lodginghouse as
defined in Chapter 19.08;
E. Private swimming pools, pursuant to Chapter
19.08. (Ord.
2-91 (part); Ord. 9-89 (part))
| Main Building | Accessory Building | |
|---|---|---|
| A. Minimum lot area | One Acre | - - |
| B. Minimum front yard | 40 feet | 50 feet |
| C. Minimum side yard, each side | 20 feet | 5 feet1 |
| D. Minimum rear yard | 40 feet | 5 feet1 |
| E. Minimum corner yard | 40 feet | 40 feet |
| F. Maximum building height2 | 60 feet | 60 feet |
2Greater heights may be approved by the planning commission if the proposed height will not have a detrimental effect on adjacent properties. (Ord. 9-89 (part))
Section 19.20.060 Use regulations compliance.
The use of land in this district shall also
conform to the
off-street parking and other provisions
of Chapters 19.40 and 19.44 (Ord. 9-89 (part))
A. Site plan
approval is required
for special permit uses pursuant to Chapter 19.56.
B. Site plan
approval is required
for all permitted uses pursuant to Chapter 19.44. (Ord. 9-89
(part))
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Section Index
Chapter 19.22
I-A District
Sections: The purpose of this district is to preserve open
areas within
the City, while providing an area
where intensive use with animal husbandry and the keeping of livestock in confined spaces
where such are fed and cared for without open grazing. (Ord. No. 3A-97, Enacted, 03/18/97; Ord.
No. 12-97, Amended, 12/16/97)
Permitted uses in the I-A district shall be as
follows:
A. Keeping,
boarding, feeding, caring
for, riding, training, and breeding of horses, mules,
ponies, goats, sheep, cattle, rabbits, poultry, donkeys, asses, swine, ratites, llamas, and alpacas
in
confined spaces. (Ord. No. 3A-97, Enacted, 03/18/97; Ord. No. 12-97, Amended,
12/16/97)
The following uses may be permitted subject to
the approval
of the Planning Commission
pursuant to the requirements of Chapter 19.56:
A. Public utilities
limited to above
ground structures including sewage treatment and water
supply facilities, sanitary landfill, substations, distribution and regulator stations and overhead
transmission lines serving areas other than Rawlins. (Ord. No. 3A-97, Enacted, 03/18/97; Ord.
No. 12-97, Amended, 12/16/97)
Accessory uses in a I-A district shall be as
follows:
A. Barns, pens,
corrals, arenas and
sheds to house and keep permitted animals.
B. The keeping of
operable equipment
used in keeping of the permitted animals and facilities
maintenance.
C. Storage of junk
or abandoned vehicles,
including campers, boats and trailers is prohibited.
(Ord. No. 3A-97, Enacted, 03/18/97; Ord. No. 12-97, Amended, 12/16/97)
A. The minimum lot size shall be
one-half (1/2) acre.
B. The minimum setback from the
front lot line for any
building shall be twenty (20) feet.
C. The minimum setback from any
other lot line for any
building shall be five (5) feet.
D. The maximum height of any
building shall be thirty
(30) feet. (Ord. No. 3A-97, Enacted,
03/18/97; Ord. No. 12-97, Amended, 12/16/97)
The use of land within this district shall also
conform to
the requirements of Chapters 19.40
and 19.44. (Ord. No. 3A-97, Enacted, 03/18/97; Ord. No. 12-97, Amended, 12/16/97)
A. Site plan
approval is required
for all special permitted uses pursuant to Chapter 19.56.
B. Site Plan
approval is required
for all outright permitted uses pursuant to Chapter 19.44.
(Ord. No. 3A-97, Enacted, 03/18/97; Ord. No. 12-97, Amended, 12/16/97)
Chapter Index
Section Index
Chapter 19.24
R-D DISTRICT
Sections: The purpose of this district is to provide for
useable open
space, convenience, accessibility,
utility and services, in areas planned for residential development within the city. Density control
through variable land area per unit requirements permit a variety of housing types to fit varying
needs throughout the city. (Ord. 9-89 (part))
| "Single family residence" means a dwelling designed for one (1) family occupancy. A manufactured home, when constructed to the most current applicable building standards at the time of placing, placed on a permanent foundation, located in a residential zone and converted to real property prior to occupancy, shall be considered a single family residence. | ||
| 1. | The following are requirements for single-family manufactured residential construction: | |
| a. | The structure shall have a pitched roof, with a slope of not less than a nominal three (3) inch vertical rise for each twelve (12) inches of horizontal run; and | |
| b. | Roof material shall consist of nonreflective material customarily used for conventional dwelling including, but not limited to, asbestos shingles, fiberglass shingles, shake shingles, wood shingles, composit ion shingles, or tile materials. Roof materials shall not include flat or corrugated sheet metal except for manufactured metal roof panels; and | |
| c. | Have a roof or roof and gutter combination overhang of not less than eight inches measured from the vertical side of the home; and | |
| d. | Have siding and skirting material consisting of wood or wood products, stucco, brick, rock, horizontal lap steel or aluminum or horizontal lap vinyl; and | |
| e. | Structure must be placed on a permanent foundation and have a perimeter wall not less than 6" thick which extends below the frost line and 8" above ground level. The permanent foundation must have intermediate supports as required by the manufacturer's foundation design. An insulated wall, not less than R-11, is required to seal the gap between the single family residence and the perimeter wall. | |
| f. | Structure shall be a minimum of twenty-four (24) feet along the widest part of the structure's shortest axis or | |
| g. | The foundation for a manufactured single family residence not complying with Subsection e must be submitted under seal and signature of a Wyoming Professional Registered Engineer. A foundation designed so signed and sealed may be approved upon appropriate review. | |
| h. | Other conventionally constructed dwelling not meeting the above listed conditions as approved by the Community Development director. | |
| 2. | The following are requirement for single family residence construction located in an R-MH zone, where the structure is located on a privately owned lot outside of an approved mobile home park and is less than twenty-four (24) feet along the widest part of the structure's shortest axis (structures greater than twenty-four (24) feet along the widest part of the structure's shortest axis must comply with Paragraph 1): | |
| a. | The structure shall have a pitched roof, with a slope of not less than a nominal three (3) inch vertical rise for each twelve (12) inches of horizontal run; and | |
| b. | Roof material shall consist of nonreflective material customarily used for conventional dwelling including, but not limited to, asbestos shingles, fiberglass shingles, shake shingles, wood shingles, composit ion shingles, or tile materials. Roof materials shall not include flat or corrugated sheet metal except for manufactured metal roof panels; and | |
| c. | Have a roof or roof and gutter combination overhang of not less than eight inches measured from the vertical side of the home; and | |
| d. | Have siding and skirting material consisting of wood or wood products, stucco, brick, rock, horizontal lap steel or aluminum or horizontal lap vinyl; and | |
| e. | Structure must have tie downs and foundation blocking as required by the manufacturer; | |
| f. | Structure shall be a minimum of twelve (12) feet along the widest part of the structure's shortest axis; | |
| g. | Other conventionally constructed dwelling not meeting the above listed conditions as approved by the Community Development director.(Ord. No. 09-00, Adopted, 9/5/00)(09-2000, Added, 09/05/2000) | |
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Section Index
| A. | esidential dwelling unit development as specified in Tables 9.24.020A and 9.24.020B for each zoning subclassification. Multiple dwelling units on one lot or parcel shall only be permitted in areas with the subclassifications of R-TH and R-MF; all density requirements in Table 9.24.020A must be met. Mobile homes will be allowed only in areas with the subclassification of R-MH: | |
| B. | Crop and garden uses; | |
| C. | Churches, Sunday school and cemeteries; | |
| D. | Public parks and playgrounds; | |
| E. | Public schools; | |
| F. | Buried underground utility lines and facilities and overhead electrical transmission lines only if they only serve the city of Rawlins. | |
| (Ord. 9-89 (part)) | ||
| MINIMUM LOT AREA AND DENSITIES | Table 19.24.020A |
| Zoning District | Lot Width (in Feet) |
Corner Lot Width (in Feet) |
Lot Depth (in Feet) |
Minimum Lot Size Per Dwelling (sq.ft.) |
Minimum Ratio of Lot Area Per Dwelling Unit | Gross Density Per Acre (Dwelling.Unit/Acre) |
|---|---|---|---|---|---|---|
| R-40 | 150 | 150 | 200 | 40,000 | 40,000 | 1 |
| R-15 | 90 | 90 | 140 | 15,000 | 15,000 | 3 |
| R-7.5 - Single Family | 60 | 75 | 100 | 7,500 | 7,500 | 6 |
| R-7.5 - Single Family - Zero Lot Line | 52 | 65 | 85 | 6,500 | 6,500 | 7 |
| R-7.5 - Reduced Side Yard | 54 | 67 | 85 | 6,500 | 6,500 | 7 |
| R-MH - Mobile Home | 60 | 75 | 100 | 6,000 | 6,000 | 7 |
| R-TH - Townhouse | 20 | 40 | Must Meet Setbacks for Zone | N/A | 2,400 | 18, Not to Exceed 50% Coverage/Lot |
| R-TH - Single Family | 60 | 75 | 100 | 6,000 | 6,000 | 7 |
| R-TH - Single Family - Zero Lot Line | 40 | 50 | 85 | 3,825 | 3,825 | 11.5 |
| R-TH - Reduced Side Yard | 42 | 52 | 85 | 4,000 | 4,000 | 10 |
| R-TH - Duplex | 40 | 50 | Must Meet Setbacks for Zone | N/A | 2,000 | 22, Not to Exceed 30% Coverage/Lot |
| R-MF - Single Family | 60 | 75 | 100 | 6,000 | 6,000 | 7 |
| R-MF - Single Family - Zero Lot Line | 40 | 50 | 80 | 3,200 | 3,200 | 13 |
| R-MF - Reduced Side Yard | 42 | 52 | 80 | 3,500 | 3,500 | 12.5 |
| R-MF - Duplex | 40 | 50 | Must Meet Setbacks for Zone | N/A | 2,000 | 22, Not to Exceed 30% Coverage/Lot |
| R-MF - Townhouse | 20 | 40 | Must Meet Setbacks for Zone | N/A | 2,400 | 18, Not to Exceed 50% Coverage/Lot |
| R-MF - Multifamily | 60 | 75 | 100 | N/A | 1,500 | 30 |
| MINIMUM YARD REQUIREMENTS AND SETBACKS | Table 19.24.020B |
| Zoning District | Front Yard (in Feet) |
Side Yard (in Feet) |
Rear Yard (in Feet) |
Corner Yard (in Feet) |
|---|---|---|---|---|
| R-40 | 35 | 15 | 25 | 35 |
| R-15 | 30 | 10 | 25 | 20 |
| R-7.5 - Single Family | 25 | 8 | 25 | 15 |
| R-7.5 - Single Family - Zero Lot Line | 15/25 | 0/12 | 25/15 | 0/15 |
| R-7.5 - Reduced Side Yard | 15/25 | 2/12 | 25/15 | 1/15 |
| R-TH - Townhouse | 25 | 0/8 | 25 | 15 |
| R-TH - Single Family | -- | -- | -- | -- |
| R-TH - Single Family - Zero Lot Line | 12/25 | 0/12 | 25/12 | 0/15 |
| R-TH - Reduced Side Yard | 12/25 | 2/12 | 25/12 | 2/15 |
| R-TH - Duplex | 25 | 0/8 | 25 | 0/15 |
| R-MF - Single Family | 20 | 8 | 15 | 15 |
| R-MF - Single Family - Zero Lot Line | 12/20 | 0/12 | 20/12 | 0/15 |
| R-MF - Reduced Side Yard | 12/20 | 2/12 | 25/12 | 2/15 |
| R-MF - Duplex | 20 | 0/8 | 20 | 0/15 |
| R-MF - Townhouse | 20 | 0/8 | 20 | 0/15 |
| R-MF - Multifamily | 25 | 8 | 20 | 15 |
(Ord. No. 3B-95, Amended, 03/07/95)
Chapter Index
Section Index
| The following uses are permitted subject to the planning commission's approval pursuant to Chapter 19.56: | |
| A. | Planned unit development, mobile home parks (see Chapter 19.60); |
| B. | Preschools, day care for more than seven children; |
| C. | Hospitals; |
| D. | Public utilities limited to above ground structures including sewage treatment and water supply facilities, sanitary landfill, substations, distribution and regulator stations and overhead transmission lines serving areas other than Rawlins; |
| E. | Membership clubs; |
| F. | Boarding or lodging house as defined |
| G. | Nursing, rest and convalescent homes |
| H. | Scenic corridor (VOIDED) |
| I. | The keeping of not more than one horse for the private use of each member of the family living on the premises so long as such horses are not kept or housed within fifty feet of any street or highway so long as the lot has at least ten thousand square feet of area for each horse; |
| J. | Major home occupations, subject to the conditions imposed by Chapter 19.40; |
| K. | Residential professional offices. |
| (Ord. 2-91 (part); Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95) (09-2000, Amended, 09/05/2000) | |
| Accessory uses in the R district shall be as follows: | ||
| A. | Customary accessory structures and uses; | |
| B. | Signs, pursuant to Chapter 19.48; | |
| C. | Private swimming pools as defined in Chapter 19.08; | |
| D. | Minor home occupations, subject to the conditions imposed by Chapter 19.40 and obtaining the required permit from the community development office; | |
| E. | Garage sales, provided that: | |
| 1. | No property may be offered for sale which has not been owned and used by the occupant of the premises or the co-participants in "neighborhood" garage sales. Neighborhood garage sales are allowed only if occupant of the premises receives no profit or commission from sale of other participants property. | |
| 2. | No garage sales shall be conducted for longer than three days duration; | |
| 3. | Garage sales may be conducted during the daylight hours only; and | |
| 4. | Goods may not be stored outside during non-sale hours. | |
| (Ord. No. 5A-97, Enacted, 05/20/97) | ||
| A. | Minimum lot area and density for lots with both a public or state approved community water supply and sewage treatment system and shown in Table 19.24.020A. | ||||||||||||||||||||||||||||||||
| B. | Minimum yard requirements, lot size, and setbacks are shown in Table 19.24.020B for main buildings. | ||||||||||||||||||||||||||||||||
| C. | Encroachment for Purposes of Energy Conservation. Modifications of existing structures for the purpose of energy conservation may encroach up to twenty-five percent of the required setback. Such encroachment shall be addition of such improvements as solar collectors, attached solar greenhouses, vestibules or foyers. Under no circumstances may the improvement constitute habitable room. | ||||||||||||||||||||||||||||||||
| D. | Accessory Buildings, Additional Requirements. | ||||||||||||||||||||||||||||||||
| 1. | Accessory buildings shall be at least six feet from any other building on the same lot. | ||||||||||||||||||||||||||||||||
| 2. | Accessory Buildings Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if: | ||||||||||||||||||||||||||||||||
| a. | The accessory building is so placed as not to prevent the practicable and conforming location of the main building, as shown by location on a site plan; | ||||||||||||||||||||||||||||||||
| b. | The main building is completed within two years from the date of issuance of the permit for the accessory building; | ||||||||||||||||||||||||||||||||
| 3. | Accessory Buildings Lot and Yard Requirements. | ||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||
| E. | Maximum building height, thirty-five feet; | ||||||||||||||||||||||||||||||||
| F. | Open space (private): In the RD-7 and RD-9 districts, not less than twenty-five percent of the lot or parcel shall be reserved and improved as open space for the use of occupants. | ||||||||||||||||||||||||||||||||
| G. | Portable accessory buildings of 120 square feet or less having no utility connections may be located on a lot line. | ||||||||||||||||||||||||||||||||
| (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95; Ord. No. 07b-02, Amended, 07/16/02)/td> | |||||||||||||||||||||||||||||||||
| (Ord. 19.24.050, Amended, 07/18/2002) | |||||||||||||||||||||||||||||||||
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Use of land in this district shall also conform to
the off-street
parking and other provisions of
Chapter 19.44. (Ord. 9-89 (part))
| A. | Site plan approval is required for all permitted uses pursuant to Chapter 19.44. |
| B. | Site plan approval is required for all special permit uses pursuant to Chapter 19.56. |
| (Ord. 9-89 (part)) | |
| A. | In zones designated R-TH and R-MH, individual dwellings constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls, or are located immediately adjacent thereto with no visible separation between walls or roof may be individually owned if so indicated on a subdivision plat setting forth the area of individual ownership. The lots so created shall be subject to all the provisions of the Rawlins subdivision regulations. |
| B. | Where common areas, private roads or common open spaces are provided, a homeowner's association to maintain such improvements shall be required to be established and to remain as long as the property remains in such ownership. |
| C. | Building setback requirements shall be specified in Table 19.24.020B, and shall be determined from the boundaries of the proposed development. |
| D. | The lot area per dwelling unit and lot width shall be not less and coverage shall be no greater than indicated in Tables 19.24.020A and 19.24.020B of these regulations. |
| (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95) | |
| A. | The side yard setback may be reduced to zero in appropriate zoning districts shown in Table 19.24.020A on one side of the lot provided that: | |
| 1. | The minimum side yard setback for such adjacent lot is not less than twelve feet or that if the lot adjacent to the side yard already has a main building constructed on it that the side yard setback for such adjacent construction is not less than twelve feet; and | |
| 2. | The opposite side yard setback for which the zero side yard is proposed is not less than twelve feet and is perpetually maintained free and clear from any obstructions or construction other than a maximum three-foot eave projection, normal landscaping, removable patio covers which may extend to no more than five feet from the side yard property line, or garden walls or fences crossing the setback provided they are equipped with a gate, and may not exceed six feet in height; and | |
| 3. | A minimum four-feet wide irrevocable maintenance and drainage easement which is covenanted to run with the land is provided on the adjacent lot for which a zero side yard is established in order to maintain the wall of the structure located at the zero side yard setback. In addition, no construction other than that described in Section 19.24.100(A)(2) shall be allowed within the twelve-foot adjacent side yard. No fences or other permanent structure shall be permitted in such an easement. Such easement shall be recorded at the Carbon County clerk's office; and | |
| 4. | No portion of the dwelling unit or architectural features shall project over any property line except a roof overhang may penetrate the easement on the adjacent lot a maximum of twenty-four inches, but the roof shall be so designed that any water runoff from the dwelling placed on the lot line is limited to the easement area. No openings, windows, doors, etc. may open towards the reduced side yard; and | |
| 5. | The zero side yard does not abut a public or private right-of-way; and | |
| 6. | Construction of structures on the lot shall meet requirements of the codes of the city of Rawlins; and | |
| 7. | The building permit application is accompanied by proof of adjacent lot(s) or land ownership and/or a deed showing the granting of a four-foot easement from adjacent property owner(s) along the common line designated for zero side yard, along with proof of the recording of such deed and a signed statement of ownership and affidavit that the landowners have been informed of the zero lot line proposal. | |
| (Ord. 9-89 (part)) | ||
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| A. | The side setback may be reduced to two feet in appropriate zoning districts on one side of the lot provided that: | |
| 1. | The minimum side yard setback for the adjacent lot is not less than twelve feet, or that if the lot adjacent to that side yard already has a main building constructed on it that the said yard setback for such adjacent construction is not less than twelve feet; and | |
| 2. | The opposite side yard setback for which the reduced side yard is proposed is not less than twelve feet and is perpetually maintained free and clear from any obstructions or construction other than a maximum three-foot eave projection, normal landscaping, removable patio covers which may extend to no more than five feet from the side yard property line, or garden walls or fences crossing said setback provided they are equipped with a gate, and may not exceed six feet in height; and | |
| 3. | A minimum two-feet wide irrevocable maintenance and drainage easement which is covenanted to run with the land is provided on the adjacent lot for which a reduced side yard is established in order to maintain the wall of the structure located at the reduced side yard setback. In addition, no construction other than that described in subdivision 2 of this subsection shall be allowed within the twelve-foot adjacent side yard. No fences or other permanent structure shall be permitted in such an easement. Such easement shall be recorded at the Carbon County clerk's office; and | |
| 4. | No portion of the dwelling unit or architectural features shall project over any property line except a roof overhang may penetrate the easement on the adjacent lot a maximum of twelve inches, but the roof shall be so designed that any water runoff from the dwelling placed on the lot line is limited to the easement area. No openings, windows, doors, etc. may open towards the reduced side yard; and | |
| 5. | The reduced side yard does not abut a public or private right-of-way; and | |
| 6. | Construction of structures on the lot shall meet requirements of the codes of the city of Rawlins, Wyoming; and | |
| 7. | The building permit application is accompanied by proof of adjacent lot(s) or land ownership and/or a deed showing the granting of a two-foot easement from the adjoining property owner(s) along the common line designated, along with proof of the recording of such deed and a signed statement of ownership and that the landowners have been informed of the zero lot line proposal. | |
| (Ord. 9-89 (part)) | ||
| A. | Either the front or rear yard setback may be reduced in appropriate zoning districts as shown in Table B provided that: | |
| 1. | The dwelling on the lot, and adjacent lots meet the requirement for and setbacks in that zone as shown in Table 19.20.020B and the required front yard shown is kept perpetually free of encroachment; and | |
| 2. | The dwelling unit is constructed in accordance with the side setback exception allowed in the zero side yard or reduced side yard setback sections of this ordinance; and | |
| 3. | Construction of structures on the lot shall meet requirements of the codes of the city of Rawlins, Wyoming; and | |
| 4. | The building permit is to be issued for a building in a subdivision for which zero lot line and reduced front and rear setbacks have been recorded on the plat; or | |
| 5. | The building permit application is accompanied by a signed, notarized affidavit(s) of the adjacent property owner(s) directly to the rear stating their ownership and that they have approved the reduced rear or front yard proposal and the applicant shows proof of filing of the notice of acceptance at the Carbon County clerk's office. | |
| (Ord. 9-89 (part)) | ||
| A. | Whenever a building permit for zero lot line or reduced side yard single family unit has been approved, an unattached garage may also be erected on the property conforming to the setbacks established for the main building under the following conditions: | |
| 1. | No unattached garage will be allowed on the same lot where an attached garage has already been constructed. | |
| 2. | No unattached garage shall be closer than six feet to any main building on the same lot. | |
| 3. | No unattached garage shall be closer than twelve feet to any building on another lot. | |
| 4. | Other accessory buildings must be placed within general accessory setbacks established for the zone. | |
| 5. | All architectural restrictions which apply to the main building shall also apply to unattached garage. | |
| 6. | At least forty percent of the lot shall remain as open space for the use of the residents. | |
| B. | Unattached garages must be constructed according to general accessory building setback requirements for the zone if they do not conform with 19.24.110(A). | |
| C. | No unattached garage shall encroach upon side yard requirements in 19.24.090(A)(2). | |
| (Ord. 9-89 (part)) | ||
If a zero side yard or a reduced front or rear yard
setback
is approved by the zoning officer, the
minimum lot size required in the subdistrict shown in Table 19.24.020A may be applied upon
application for a building permit. (Ord. 9-89 (part))
Zero lot line and reduced side yard regulations
area intended
to promote infill and allow for
accommodation of irregular lots in existing subdivisions. As such these regulations apply only to
subdivisions platted to January 1, 1987. (Ord. 9-89 (part))
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Chapter 19.28
C-1 DISTRICT
Sections: The purpose of this district is to provide for
appropriately
designed shopping, professional or
personal service facilities and multiple dwellings convenient to expanding residential
development areas. (Ord. 9-89 (part))
Uses permitted in the C-1 district shall be as
follows:
A. Retail store or
shop; business
center development (enclosed, no outdoor sales or storage);
B. Office building
for financial institution,
real estate or insurance office, professional
service such as lawyer, doctor, dentist, studio or agency, medical office buildings, or
hospital;
C. Barbershop,
beauty shop, self-service
laundry or dry cleaning establishment or pickup
agency, tailor or dressmaking shop, or other personal service shop;
D. General
appliance servicing and
appliance repair shop;
E. Restaurant, cafe,
tavern or other
place serving food and beverages;
F. Membership
club, theater, church;
G. Day care center,
nursing, rest
or convalescent home;
H. Buried
underground utility lines
and overhead electrical transmission lines only if they
only serve the city. (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95)
The following uses are permitted subject to the planning
commission's approval
pursuant to
Chapter 19.56:
A. Automotive filling station (no
major auto repairs
permitted), car washing facilities (see
Chapter 19.40);
B. Bus passenger
stations;
C. Public utility transmission lines not
serving the
city;
D. Hotels,
motels;
E. Funeral
parlor;
F. Residential development according
to an approved development
plan;
G. Schools and Recreational
Facilities;
H. Any business or light industrial use
that does not
adversely impact adjacent residential or
commercial uses;
I. Any use, any building or structure
proposed in any
area classified as a scenic corridor
pursuant proposed to in Chapters 19.56 and 19.68. (Ord. 9-89 (part); Ord. No. 09-2000,
Amended, 9/5/00, Ord. 06-2003, Amended 6/3/03)
(06-2003, Amended, 06/03/2003)
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Accessory uses in the C-1 district shall be as
follows:
A. Customary accessory uses and
structures;
B. Accessory off-street parking and
loading pursuant
to Chapter 19.44;
C. Signs, pursuant to Chapter 19.48.
(Ord. 9-89 (part);
Ord. No. 9-00, Amended, 9/5/00)
A. Minimum lot area shall be designed
and maintained
at three times the total building floor
space area to provide for parking, loading, circulation and pedestrian walk;
B. Minimum front, side and rear
yards:
1. Front and Corner (Wherever
Adjacent to a Street).
A minimum of fifteen feet of which ten
feet shall be landscaped if across the street from an R district, the distance shall be increased to
twenty-five feet of which fifteen feet shall be landscaped.
2. Rear and Side. When adjacent to an
R district, a minimum
setback equal to two times the
height of the proposed building is required. In addition, a solid fence, wall or screening not less
than six feet in height is required on the lot line adjacent to the boundary
line.
C. Building Height. No buildings shall
exceed fifty feet
unless a greater height is approved
by the planning commission if the additional height has no detrimental effect on the
neighborhood. (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95)
Use of land in this district shall conform to the
off-street
parking and other provisions of
Chapters 19.40 and 19.44. (Ord. 9-89 (part))
The Planning Commission may reduce or eliminate the lot and yard
requirements
of Section
19.28.050 within the area bounded by Pine Street on the North, 3rd Street on the East, 6th Street
on the West and Front Street on the South provided that:
A. Additions to contributing buildings
are designed in
conformance with the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and
the Downtown Rawlins Action Plan for Revitalization.
B. Additions to non-contributing
buildings and new buildings
are designed to be compatible
in terms of architectural forms, dimensions and materials with other contributing structures
within the district. (Ord. No. 3-97, Enacted, 03/04/97)
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Chapter 19.32
C-2 DISTRICT
Sections: The purpose of this district is to provide for
highway oriented
business development at
appropriate locations in the city. (Ord. 9-89(part))
Permitted uses in the C-2 district shall be as
follows:
A. Any use
permitted in the C-1 District;
B. Hotels, motels
and lodges; tourist
lodges;
C. Automotive
filling station, repair
garage, repair shop and similar type uses (see Chapter
19.40). (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95)
The following uses are permitted subject to the planning
commission approval
pursuant to
Chapter 19.56:
A. Any special permitted use allowed
in retail business
district (C-1) excepting any use
permitted by right in highway business (C-2) in Section 19.32.020;
B. Mining;
C. Warehouse, distribution center,
terminal, lumberyard;
D. Drive-in
theaters;
E. RV park;
F. Printing and publishing
establishments;
G. Public utility transmission lines not
serving the
city;
H. Any use, building or structure
proposed in an area
classified as a scenic corridor pursuant
to Chapters 19.56 and 19.68;
I. Used car lot;
J. Truck stops;
K. Schools and Recreational
Facilities;
L. Any business or light industrial use
that does not
adversely impact adjacent residential or
commercial uses.
(Ord. 9-89 (part))
(Ord. No. 3B-95, Amended, 03/07/95; Ord. No. 04-02, Amended, 04/09/02,
Ord. 06-2003, Amended 6/03/03)
(06-2003, Amended, 06/03/2003; 19.32.030, Amended, 04/04/2002)
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Accessory uses in the C-2 district shall be as
follows:
A. Customary accessory uses and
structures;
B. Accessory off-street parking and
loading pursuant
to Chapter 19.44;
C. Signs, pursuant to Chapter 19.49.
(Ord. 9-89 (part))
(Ord. No. 3B-95, Amended, 03/07/95;
Ord. No. 09-00, Amended, 9/5/00)
A. Minimum front,
side corner and
rear yards:
1. Front and Corner
(Whenever Adjacent
to a Street). A minimum of ten feet is required. The
setback shall be landscaped. If located across the street from an R district the setback shall be
twenty feet and shall be landscaped.
2. Rear and Side. If
adjacent to an
R district a minimum setback from the district boundary
equal to three times the height of the proposed building is required. In addition, a wall fence or
screening not less than six feet in height is required on the lot line adjacent to the zone boundary
line.
B. Building Height.
No building shall
exceed sixty feet unless a greater height is approved
by the planning commission if the additional height has no detrimental effect on the
neighborhood. (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95)
Use of land in this district shall also conform to
the provisions
of Chapter 19.40. (Ord. 9-89
(part))
A. Site plan review
is required for
new C-2 district uses and additions thereto pursuant to
Chapter 19.40.
B. Site plan review
is required for
all special permit uses pursuant to Chapter 19.56. (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended,
03/07/95)
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Chapter 19.36
I-DISTRICT
Sections: The purpose of this district is to provide for
industrial
development in locations best suited for
it, and to avoid an uncontrolled mix with residential development. (Ord. 9-89 (part))
Permitted uses in the I district shall be as
follows:
A. Any industrial
mining and manufacturing
use or industrial park which is not obnoxious,
toxic, hazardous or offensive by reason of the emission of dust, smoke, fumes, gas, odors or
noise beyond the I district area boundaries;
B. Public utility
building, structure
or facility and overhead electrical transmission lines only
if the lines only serve Rawlins.
C. Any use
permitted outright by special
use permit in the C-1 and C-2 districts. (Ord. 9-89
(part)) (Ord. No. 3B-95, Amended, 03/07/95)
The following uses are permitted subject to the
planning
commission's approval pursuant to
Chapter 19.40:
A. Sand or gravel
pit;
B. Junkyard, dump,
sanitary landfill;
C. Any use which
cannot meet the requirements
of Section 19.26.020;
D. Overhead
electrical transmission
lines serving area other than just the city;
E. Any use,
building or structure
proposed in an area classified as a scenic corridor pursuant
to Chapters 19.56 and 19.68. (Ord. 9-89 (part))
Accessory uses in the I district shall be as
follows:
A. Customary
accessory uses and structures;
B. Accessory
off-street parking and
loading pursuant to Chapter 19.44;
C. Signs pursuant
to Chapter 19.48.
(Ord. 9-89 (part))
A. Front and
Corner (Whenever Adjacent
to a Street). A minimum of fifty feet is required if
across the street from an R district. The yard adjacent to the street shall be landscaped.
B. Rear and Side. If
adjacent to an
R district, a minimum setback equal to four times the
height of the building is required. In addition, a solid fence or wall not less than six feet in height
is required on the zone boundary line.
C. Building Height.
No building shall
exceed a maximum height of sixty feet unless
additional height of the building is approved by the planning commission if it is determined that
the additional height is not detrimental to the neighborhood. (Ord. 9-89 (part)) (Ord. No. 3B-95,
Amended, 03/07/95)
Use of land in this district shall also conform to
the provisions
of Chapter 19.40. (Ord. 9-89
(part))
A. Site plan
approval as required
shall also conform to the provisions of Chapter 19.40.
B. Site plan
approval is required
for all special permit uses pursuant to Chapter 19.56. (Ord.
9-89 (part))
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Chapter 19.38
HISTORIC RESIDENTIAL OVERLAY
Sections:
19.38.010 Purpose
19.38.020 Uses
19.38.030 Standards
Section 19.38.010 Purpose
The purpose of the Historic Residential Overlay is to facilitate development in
those
areas of the
city that were originally platted with lots 25 feet in width and now have a significant number of
developed and undeveloped single-family residential parcels 50 feet in width. (Ord. No. 07c-02,
Adopted 07/16/02)
(07c-2002, Added, 07/16/2002)
Section 19.38.020 Uses
Uses are the same as those allowed in the underlying zoning district and are not
changed
by the
overlay.
(Ord. No. 07d-02, Adopted, 7/16/02)
(07c-2002, Added, 07/16/2002)
Section 19.38.030 Standards
The following standards apply to single-family residential uses within the
Historic
Residential
Overlay. Yard and height requirements not listed below are the same as the underlying
zone.
A. Minimum lot
width: 50
feet
B. Front setback main
structure: 15 feet
C. Front setback attached garage: 20 feet
D. Front setback detached garage 25 feet
E. Rear setback main
structure: 15 feet
F. Side setback main
structure: 5 feet
(Ord. No. 07e-2002, Adopted, 07/16/02)
(07e-2002, Added, 07/16/2002)
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Chapter 19.40
USE REGULATIONS
Sections:Section 19.40.010 Regulations supplemental.
This chapter contains general regulations
applying to districts
and uses. (Ord. 9-89 (part))
The placement of a private garage, accessory parking area or other
accessory
building or use
shall be subject to the following requirements:
A. Except as provided for in (I) below,
no accessory
building shall be constructed within five
feet of any rear lot.
B. Nothing contained in this section
shall prevent the
construction of a private garage as a
structural part of a main dwelling; provided, that when so constructed, the exterior garage walls
shall be regarded as the walls of the main dwelling in applying the front, rear and side yard
regulations of this title.
C. No private garage or other
accessory building shall
be within a required front yard, or
within a required side yard, except that in any nonresidential district a parking area may utilize
the portion of a side yard not otherwise required for a planting screen.
D. Any access driveway may be
located within a required
side yard or required front yard.
E. Required accessory buildings and
uses shall be on
the same lot with the main building or
buildings or on an immediately adjacent lot in the same ownership or control or within the site
limits of an approved site plan of development. A leasehold or easement may constitute control;
however, continued occupancy may be conditioned on continuation of the control or
equivalent.
F. Required accessory parking areas
and truck loading
spaces shall have safe and adequate
access to a public street either by a driveway on the same lot or by means of a permanent
easement across an adjoining lot.
G. No required accessory parking area
or off-street truck
loading space shall be encroached
by buildings, open storage or any other use.
H. Accessory private garages may be
constructed within
or under any portion of a main
building; provided, that the access driveway does not at any point have a grade in excess of ten
percent.
I. Portable accessory buildings of 120 square feet or less
having no utility
connections may be
located on a lot line. (Ord. 9-89 (part); Ord. No. 07f-02, Amended 7/16/02)
(Ord. 19.40.020, Amended, 07/18/2002)
The provisions of subsection B of Section
19.40.020 shall
not prevent the construction of a
permitted single-family detached dwelling unit on any lot that was lawful when created and
which, to the effective date of these regulations, was in separate ownership duly recorded by plat
or deed; and provided that:
A. The lot does not
contain less than
two-thirds of the required minimum lot area as
specified in subsection A of Section 19.24.050; and
B. The percentage
of the lot area
covered by the dwelling unit shall not exceed twenty
percent of the area of the lot; and
C. All setback
requirements shall
be met; and
D. This exception
shall not apply
to any two or more contiguous lots in a single ownership
as of or subsequent to the effective date of these regulations, in any case where the reparceling or
replatting could meet the requirements of these regulations. (Ord. 9-89 (part))
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A. Nothing
contained in this title
shall restrict the height of a church spire, cupola, dome,
mast, belfry, clock tower, radio or transmission line, tower, flagpole, chimney flue, water tank,
elevator or stair bulkhead, stage tower, scenery loft or similar structure, provided that no
structure shall:
1. Have a lot
coverage at the base
in excess of ten percent of the lot area;
2. Be used for
residence or tenancy
purposes;
3. Have any
advertising sign or device
inscribed upon or attached to the structure.
B. Airport Safety
Zone--Maximum Height.
Except for field crops and fences under five feet
in height, the maximum heights of any object, building or structure located within five hundred
feet of either side of the centerline of a landing strip or runway and extended to a distance of two
miles from the end of the landing strip or runway shall be no higher than one one-hundredths of
the distance of the object, structure or building to the landing strip or runway. (Ord. 9-89
(part))
A. Fences, walls
and hedges permitted.
Notwithstanding other provisions of this title, fences,
walls and hedges may be permitted in any required yard, or along the edge of any yard.
B. Height
Limitations. Except in industrial
zones or when otherwise required by ordinance
or when specifically approved otherwise by the planning commission in accordance with the
provisions of Chapter 19.56, no fence or wall shall exceed six feet in height. No fence, wall or
hedge along the sides or front edges of any front yard, shall exceed four feet in height except in
industrial zones where they shall not exceed seven feet in height.
C. Wall and Fence
Materials. Wood,
concrete, chain link, stone, brick, block or other
masonry material and wrought iron shall be acceptable wall or fence materials. In no case shall
chicken wire, hog fence or other types of livestock fence be permitted as fencing material along
the sides or front edges of any front yard or along any line facing a street. In no case shall barbed
wire be used for fencing and the tops of walls or fences shall not be adorned with pointed or
sharp protrusions of any kind except in industrial zones where fences, not less than five feet high,
may be provided with three strands of barbed wire at the top.
Notwithstanding other ordinances and sections
of the ordinance codified in this title where not prohibited by subdivision covenants or deed restrictions,
walls or fences may be permitted to encroach on a public right-of-way to the extent allowed by the
following standards:
1. On streets in
which curb and sidewalks
are present, no fence or wall shall be placed any
closer than the outside edge of any existing sidewalk;
2. On streets which
have no sidewalks
but have curb, no fence or wall shall be placed closer
than seventy-two inches to the back of any existing curb;
3. On streets which
have neither curb nor sidewalk, the director of planning shall specify a placement of the fence or wall
corresponding to the position stated in Subsection A of this section if a sidewalk were ever built
according to city specifications;
4. No
encroachment shall be allowed
on alley rights-of-way;
D. The city
assumes no future responsibility
or liability of the modification, removal or
destruction of such improvements necessitated by future public need for use of privately
improved rights-of-way. All costs for such will be borne by the private property owner
responsible for the improvements, his heirs or successors. All such construction within the city
rights-of-way as specified shall also be subject to the provisions of Chapter 12.20 and shall
require a permit. (Ord. 9-89 (part))(Ord. 11-2007, Amended, 11/06/2007)
Where a lot extends through from street to
street, the applicable
front yard regulations shall
apply on both street frontages. If one street is other than a local street, some common fencing,
landscaping or other design treatment may be approved by the planning commission if the
treatment is somewhat uniform for the block. (Ord. 9-89 (part))
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A. Clearance on
Corner Lots. At all
street intersections visual clearance shall be maintained
extending back seventy-five feet from the intersection of the centerline of the bounding streets,
as shown in the sketch attached to the ordinance codified in this title. The height of all
construction, shrubs or other visual obstructions in this subtended triangle shall not exceed
thirty-six
inches in height above the centerline of the streets; trees shall have the lower branches
trimmed to provide clear vision eight feet above the centerline of the streets.
|
B. On lots abutting
alleyways, no
solid fence shall form a visual blockade at the entrances to
the alleyways. Chain link fences, low shrubbery up to thirty inches in height, or hedgerows are
acceptable but should be so maintained as to provide maximum visibility for vehicles entering
traffic from alleyways. (Ord. 9-89 (part))
No persons, firms or corporations shall strip,
excavate or
otherwise remove topsoil for sale, or
for use other than on the premises from which it is taken except in connection with the
construction or alteration of a building on the premises and excavation or grading incidental
thereto. (Ord. 9-89 (part))
No lot, yard, court or other undeveloped space
containing
the minimum or less than the
minimum required area under this title shall be further divided or reduced. (Ord. 9-89
(part))
Combination curb, gutter and sidewalks shall be
built according to city construction standards. (Ord. 9-89 (part))(Ord. 11-2007, Amended,
11/06/2007)
No livestock or poultry shall be kept or
maintained in any
district other than R-A in
accordance with ordinance; dogs, cats and other household pets are excepted. (Ord. 9-89
(part))
No single-family residence building shall
hereafter be erected
or altered, with a gross floor
area (exclusive of attached garages, porches, cellars and basement) of less than nine hundred
square feet, except that in El Rancho Verde Park Additions the gross floor area (exclusive of
attached garages, porches, cellars and basements) shall not be less than one thousand square feet,
and except in Painter Additions the gross floor area (exclusive of attached garages, porches,
cellars and basements) shall not be less than eight hundred seventy-five square feet; provided,
that a dwelling of more than one story above the basement shall have not less than seven hundred
fifty square feet of ground floor area (exclusive, of garages, porches, cellars and basements).
(Ord. 9-89 (part))
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All public garages and filling stations shall be so
arranged
and all gasoline pumps shall be so
placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil
pump shall be placed within fifteen feet of any street line or side lot line, nor within twenty feet
of any residential district boundary lines. (Ord. 9-89 (part))
A. A private
swimming pool accessory
to a residential use, which is designed to contain a
water depth of twenty-four inches or more, shall not be located, constructed or maintained on any
lot or land area, except in conformity with the requirements of these regulations. A permit shall
be required to locate, construct or maintain a private swimming pool.
B. The pool shall
be located in a
rear yard only.
C. The pool shall
be not less than
fifteen feet from side and rear lot lines.
D. If the water for
the pool is supplied
from a private well there shall be no cross-connection
with any public or community water supply system.
E. If the water for
the pool is supplied
from the public water system, the inlet shall be above
the overflow level of the pool with sufficient air gap to prevent siphoning.
F. The pool shall be
enclosed by a
fence, no less than six feet in height, equipped with self-locking gates to isolate the pool from
other
uses.
G. No permit shall
be granted for
the installation or construction of the swimming pool
unless the zoning officer has certified that the drainage of the swimming pool is adequate and
will not interfere with the public water supply system, with existing sanitary facilities or with the
public streets. (Ord. 9-89 (part))
Any permitted uses unless otherwise excepted in
this title
shall require site plan approval. The
site plan shall be submitted in adequate detail to permit the zoning officer to evaluate the plan to
determine its conformance with these provisions. Building permits shall not be issued until the
plan is certified as to conformance with this title. (Ord. 9-89 (part))
Certain design standards are requisite to insure
good development
and to avoid the need of
expensive corrective measures by the city. It is, therefore, the intent to provide a few minimum
design standards relating to drainage, sanitation, water supply and roads to be applied as
development occurs. (Ord. 9-89 (part))
A. No building
shall be erected, structurally
altered or relocated on, or any building permit
issued for a site or tract which is subject to periodic flooding unless adequate provisions are
made to insure flooding will not affect or damage the improvements and access thereto.
Compliance must be met with the grading and drainage ordinance.
B. No building or
structure, except
a flood-control facility, dam or irrigation structure, shall
be erected or located in a floodplain. Uses permitted in a floodplain shall be limited to flood
control, recreation and parking. No construction except for a flood-control facility or dam or
alteration of topography shall be made, which will obstruct or restrict the natural flood channel
and cause other lands to be flooded.
C. No building
permit shall be issued
for construction or use in any floodplain unless
specifically approved by the city council. (Ord. 9-89 (part))
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A. No building
permit shall be issued
for the erection, alteration or relocation of a building
for human use or occupancy which will not be connected to a public or community sewage
system, or will provide for a private or on-lot sewage system (septic tank) which meets the
standards and requirements of the State Health Department. No certificate of occupancy shall be
issued until these requirements are met.
B. No building
permit shall be issued
for the erection, alteration or relocation of a building
for human use or occupancy which will not be adequately served by a water supply facility which
meets the standards and requirements of the State Health Department. (Ord. 9-89 (part))
| Every applicant for a home occupations permit which allows a home occupation shall have the burden to prove that the following conditions are met: | |||
| A. | Generally. | ||
| 1. | The home occupation must be clearly incidental and secondary to the residential use of the property. | ||
| 2. | The home occupation shall not detract from or significantly detrimentally affect the residential character of the neighborhood. | ||
| 3. | There shall be no storage of equipment or material allowed outside of the approved buildings. | ||
| 4. | There shall be no evidence of the home occupation visible from outside the buildings, with the exception of not more than one sign, pursuant to the conditions imposed by Chapter 19.48. | ||
| 5. | There shall be no use of tools or equipment which can be heard by an average person off the property in the hours of darkness. | ||
| 6. | There shall not be any nuisance created by the occupation as defined by ordinance. | ||
| 7. | The home occupation shall be limited to such location on the property as has been approved, and shall not be expanded therefrom. | ||
| 8. | No retail sales shall be conducted or stock-in-trade maintained on the property, unless: | ||
| a. | The items being sold or maintained are produced on the property; or | ||
| b. | The sales are incidental to a service oriented business and are clearly minor in relation to the primary business; or | ||
| c. | The sales are clearly to dispose of dated samples and are only available on a periodic basis. | ||
| B. | Parking Requirements. | ||
| 1. | Major home occupations applicants shall submit a proposed parking plan for approval and shall maintain such during the term of the use. The plan shall include a drawing showing all on-street and off-street parking spaces which are available for use within a one-half block radius of the proposed use. The requirements of Section 19.44.030 shall be considered in the review of the application, but shall not be controlling for the limited use. Off-street parking shall be available for employees where feasible. | ||
| 2. | Minor home occupation applicants shall note on the application the available on-street parking spaces which adjoin the property containing the proposed use. | ||
| (Ord. 2-91 (part)) | |||
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Chapter 19.44
OFF-STREET PARKING
Sections:Section 19.44.010 General regulations.
A. Off-street
parking facilities shall
be provided to lessen congestion in the streets. The
facilities required in this title shall be available to patrons throughout the hours of operation of
the particular business or use for which the facilities are provided. As used in this chapter, the
term "parking space" includes either covered garage space or uncovered parking
space located
off the public right-of-way.
B. Outdoor parking
space shall be
deemed to be part of the open space of the lot on which it
is located.
C. A garage or
carport may be located
wholly or partly inside the walls of the principal
building, or attached to the outer walls. If separate from the principal building, the garage shall
conform to all accessory or building requirements. The garage may be constructed under a yard
or court; provided, that the level of the other yards or courts shall conform to the general level of
the other yards or courts on the lot. The space above an underground garage shall be deemed to
be part of the open space of the lot on which it is located. (Ord. 9-89 (part))
A. Four copies of
plans for any off-street
parking facilities shall be submitted to the building
official for approval to the issuance of any permit to construct, enlarge, change the use of, or
modify in any manner, any parking lot, commercial building or facility, industrial building or
facility, or multifamily housing structure.
B. Off-street
parking plans shall
be submitted to the building official who shall distribute
them to the following agencies for review for conformance with the requirements of this chapter
and other applicable city ordinances:
1. Office of the
police chief;
2. Planning and
zoning office;
3. Office of the city
engineer;
4. Other agencies
as deemed appropriate.
C. In the event the
plans are disapproved
by any of the above agencies, the applicant shall
provide the building official with corrected plans or petition the city council for a variance from
specific requirements. (Ord. 9-89 (part))
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Any of the following buildings or uses hereafter erected for one or
more of
the following uses
and any open area hereafter used for commercial or industrial purposes shall be provided with
not less than minimum parking spaces as set forth below; provided, however, that such
requirements shall not apply to the area bounded by Spruce Street on the North, Second Street on
the East, Sixth Street on the West and Front Street on the South:
| Off-Street Parking Space Requirements | |
|---|---|
| Uses | Required Parking Spaces |
| Apartment buildings (not exceeding 10 units) | 2 per unit |
| Apartment buildings (10 or more units) | 20 for first 10 units plus 1.5 for each additional unit |
| Athletic clubs, private | 1 per 250 square feet of floor space |
| Automobile sales and/or service garages | 1 for each 400 square feet of floor area |
| Banks or professional offices | 1 for each 250 square feet of floor |
| Bowling alleys | 5 for each alley |
| Churches, funeral homes and mortuaries | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater |
| Community buildings and social halls | 1 for each 200 square feet of floor area |
| Dancehalls, swimming pools, clubs, lodges and other similar places and commercial buildings | 1 for each 200 square feet of floor area or of water area in swimming pool |
| Drive-in restaurant or stand | 1 for each 500 square feet of floor area |
| Driving ranges and miniature golf | 1 for each tee |
| Food supermarkets | 1 for each 200 square feet of floor area |
| Furniture or appliance stores | 1 for each 200 square feet of floor area |
| Hospitals, nursing and convalescing homes | 1 for each three beds, plus 1 for each employee |
| Hotels, motels, tourist homes, boarding and loading houses | 1 space for each 1,000 square feet of floor area plus one for each guestroom |
| Manufacturing plants, research or testing plants | 2 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area |
| Medical and dental offices | 5 spaces for each doctor and dentist | Mixed uses | Total requirements shall be the sum of the requirements of the component uses computed separately |
| Mobile homes | 2 per unit |
| Passenger terminal | 1 for each 250 square feet of floor area |
| Professional office in a residential building | 1 per 200 square feet of floor space used |
| Restaurants, beer parlors and nightclubs | 1 for each 2.5 seats |
| Retail stores and shops | 1 per 200 square feet of floor area |
| Roller skating rinks | 1 for each 500 square feet of floor area |
| Roominghouses | 1 for each bedroom |
| Schools, elementary and junior high | 2 spaces in addition to required spaces for auditorium |
| Schools, senior high | 5 per classroom in addition to required spaces for auditorium |
| Service stations | 2 for each service bay |
| Enclosed shopping centers | 1 per 350 square feet of total square feet exceeding 50,000 square feet |
| Single-family dwellings, town-houses and rowhouses | 2 per housing unit |
| Sports arenas, auditoriums, theaters, assembly halls | 1 for each 3.5 seats (bench capacity computed at 1 seat for each 20 inches) |
| Trailer sales or auctions | 1 for each 2,500 square feet of lot area |
| Video arcades | 1 for every amusement game |
| Wholesale establishments or warehouse | 1 for each 2 employees on maximum shift. The total parking area shall not be less than 25% of the building floor area |
(Ord. 9-90 (part); Ord. 9-89 (part); Ord. No. 09-00, Amended, 9/5/00)
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A. Any use of a building or other use
which is conforming
or construed to be conforming
under the ordinance codified in this section may be changed or enlarged and be in compliance
with this section provided that one or more of the following conditions are met, provided,
however, that none of the provisions of this section shall apply in the area bounded by Spruce
Street on the North, Second Street on the East, Sixth Street on the West and Front Street on the
South. It shall be the duty of the zoning officer to determine which option or combination of
options best meets the intent of the ordinance codified in this section. The options are as
follows:
1. When a change in use is made
between uses listed in
Section 19.44.030 or an enlargement
of such a use is made, an increment of parking may be added equal to the net increase required.
This increment shall be determined to be the difference if the new use or enlargement where new
construction and the parking requirements of the existing use if it were newly constructed. In no
case will this increment be less than zero.
2. When the use is located in a
commercial zone, in lieu
of creating an additional increment
of parking, a contribution equal to the fair market value of each parking space required by this
subsection may be made to the city municipal parking improvement fund for purposes of creating
and maintaining public parking. This amount shall be calculated by the following
formula:
400 x fair market price per square foot of commercial parking area
= parking
extraction
Whenever cash in lieu of actual parking is made for required
increments of parking,
the market
value shall be based on an official market value determined and adopted by the planning
commission and adjusted from time to time. In the event of inability of the above parties to agree
on the full market value of the spaces, an independent party being a qualified local appraiser,
shall be selected by mutual agreement of the disagreeing parties. The independent party's
findings on full market value of the site shall be final and binding on all parties. The applicant
shall pay the cost of the appraiser. Payments made under the requirement of this section shall be
made payable to the city. The zoning officer shall receive such fund to change in use of a
property or issuance of a building permit. This fee shall be deposited with the city treasurer who
shall in turn deposit such funds in any city approved and designated financial institution within
the city. Such funds shall be deposited to special interest bearing escrow accounts. The status of
these accounts shall be reported annually to the city council and shall be made available to the
general public. Funds may be withdrawn from the special escrow accounts by the city council,
for the specific purposes of acquiring lands for public parking sites and of making improvements
to and maintaining such sites.
3. Upon written approval of the city
engineer and the
chief of police, the zoning officer may
approve a written waiver of incremental parking up to twenty-five percent of total required
parking for the new use or enlargement if it were new construction. In granting such a waiver, the
zoning officer must certify that such a waiver does not violate the intent of the ordinance
codified in this section nor harm the public interest. This waiver may only be used in cases where
it is unlikely that municipal parking will ever be provided in the vicinity.
4. The applicant may be asked to apply
for blanket approval
of parking arrangements under
the variance procedure outlined in Section 19.44.050. (Ord. 9-90 (part); Ord. 9-89
(part))
| A. | An applicant may appeal any decision of the zoning officer in regard to general requirements of the ordinance codified herein to the planning commission by filing a written request for appeal. This written appeal shall include the following items: | |
| 1. | A site plan of proposed parking requirements; | |
| 2. | A statement of reasons for requesting a variance and extenuating conditions; | |
| 3. | Any other rationales which would tend to support the conclusion that the intent of the ordinance codified herein would be met by the applicant's plan. | |
| B. | No variance to design standards may be granted through this procedure. All such requests shall be considered by the board of adjustments. Application for such variance shall be made in accordance with Section 19.76.040. Each application for such a variance shall include payment of the appropriate fee to the City as set by resolution of the City Council, and provided for in Title 1 of this code. | |
| (Ord. 9-89 (part)) (Ord. No. 10D-94, Amended,
10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008) | ||
A. Parking spaces
for apartment buildings,
commercial or industrial uses shall be readily
accessible to, and be within a reasonable distance from the buildings served thereby. Such spaces
shall be on the same lot and in the same zoning district as the principal building, or open area,
except when otherwise authorized, as a special exemption, conforming to the following
regulations:
1. The required
parking spaces shall
be suitable within six hundred feet of the principal
building or open space in question.
2. Such spaces shall
be in the same
ownership or control as the principal building to which
they are accessory and shall be subject to deed restrictions acceptable to the planning
commission, binding the owner, and his heirs or assigns to maintain the required number of
parking spaces throughout the life of the principal use.
3. A leasehold or
easement may constitute
control; however, continued occupancy may be
conditioned on continuation of such control or equivalent.
B. Except when
specifically approved
otherwise by the city council, no part of a public street
or alley right-of-way may be used for required off-street parking spaces. In no case shall any
on-street
parking spaces be considered as satisfying any portion of off-street parking requirements.
(Ord. 9-89 (part))
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A. The minimum standards of parking
facilities to be
provided shall be as follows:
| Angle of Parking (in degrees) |
Parking Space Width Wheel (in feet) |
Curb Stop |
Aisle Width One Way (in feet) |
Aisle Width Two Way (in feet) |
|---|---|---|---|---|
| 90 | 10 | 18 | 24 | 24 |
| 60 | 9.5 | 18 | 18 | 20 |
| 45 | 9 | 18 | 15 | 20 |
| 30 | 8.5 | 17 | 12 | 20 |
* Depth from curb is the perpendicular measurement from curb or
edge of the parking
lot
toward the interior portion of the lot to be occupied by the parking vehicles and not including any
part of the drive.
B. All dead end parking lots shall be
designed to provide
sufficient back up area for the end
stalls of the parking lots shall be designed to provide sufficient back up area for the end stalls of
the parking area.
C. Parking areas shall be designed so
that each motor
vehicle may proceed to and from
parking space provided for it without requiring the moving of any other
vehicle.
D. The width of entrance and exit
drives shall be a minimum
of twelve feet for one way use
only, and a minimum of twenty feet for two way use, except where ninety degree parking is used
in which case the minimum shall be not less than twenty-four feet.
E. In all districts, except for
single-family dwellings,
there shall be no less than six feet of
space between the curb line or wheel stop of any parking area and the outside wall of any
building.
F. In no case, except for single-family
dwellings, shall
parking areas be designed to require
or encourage cars to back into a public or private street in order to leave the parking
areas.
G. All parking spaces within parking lots,
together with access drives shall be provided with curbs or other type of wheel stops or physical
barriers where such are adjacent to property lines except at entrances and exits. Such barriers shall be
positioned at least three feet from property line or street barriers shall be positioned at least three feet
from property line or street right-of-way line.
H. An alley way may be utilized as
access to off- street
parking lots only when the clear
paved width is a minimum of twelve feet on a one way alley and a minimum of twenty feet on a
two way alley.
I. A structure or planting material shall
be provided
of sufficient height and density to screen
off-street parking lots from view at the ground level of adjoining residential districts or
uses.
J. Any lighting used to illuminate
off-street parking
or loading areas shall be arranged so that
the direct rays from the luminaries will not fall on any residential building beyond the property
line. (Ord. 9-89 (part); Ord. No. 09-00, Amended 9/5/00)(Ord. 11-2007, Amended,
11/06/2007)
A. The area of
parking lots, including
driveways, shall be graded, paved with asphalt or
other suitable material and drained to the extent necessary to prevent dust, erosion and excessive
water flow across streets or adjoining property.
B. Parking areas
shall be kept free
from rubbish, debris and encroaching land uses at all
times. (Ord. 9-89 (part))
A. In addition to
the off-street parking
space otherwise required in this chapter, all
commercial and industrial establishments, hospitals or sanitariums and other similar uses
exceeding ten thousand square feet shall provide adequate off-street area for loading and
unloading of supplies to and from vehicles.
B. At least one
loading berth shall
be provided for a gross floor area exceeding ten thousand
square feet. Should the gross floor area of the main building and buildings accessory thereto used
for commercial and/or industrial purposes exceed fifty thousand square feet of gross floor area,
one additional loading berth shall be provided for each additional ten thousand square feet of
gross floor area above fifty thousand. An off-street loading berth shall be not less than ten feet
wide and thirty-five feet in length, and fourteen feet in height.
C. Hotels and
motels shall have at
least one loading berth when the gross floor area exceeds
fifty thousand square feet. (Ord. 9-89 (part))
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Chapter 19.48
SIGNS
Sections: The purpose of these regulations are: to
encourage the effective
use of signs as a means of
communication in the city; to maintain and enhance the aesthetic environment and the city's
ability to attract sources of economic development and growth; to improve pedestrian and traffic
safety; to minimize the possible adverse effect of signs on nearby public and private property;
and to enable the fair and consistent enforcement of these sign restrictions. This sign chapter is
adopted under the zoning authority of the city in furtherance of the more general purposes set
forth in the zoning ordinance. (Ord. 10A-91 (part): Ord. 9-89 (part))
Signs may be erected, placed, established,
painted, created
or maintained only in conformance
with the standards, procedures, exemptions, and other requirements of this chapter. (Ord. 10A-91
(part): Ord. 9-89 (part))
No sign shall be erected, hung, attached or displayed
until a written application has been made to the Department of Community Development. Each
application for such a sign permit shall include payment of the appropriate fee as set by resolution of
the
City Council pursuant to Title 1 of this code. (Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No.
10D-94, Amended, 10/04/94; Ord. No. 6-95, Amended, 06/20/95)
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(Ord. 08a-2008, Amended, 08/19/2008)
The following signs shall be exempted from permit requirements
under this chapter:
A. Any public notice or warning
required by a valid and
applicable federal, state or local
law, regulation or ordinance;
B. Emergency warning signs erected
by a governmental
agency, a public utility company, or
a contractor doing authorized or permitted work within the public
right-of-way;
C. Any sign located inside the confines
of a building;
D. Any company logo which is
integrated into the glass
of a window or door of a building;
E. Works of art that do not include a
commercial message;
F. Real Estate "For Sale",
rental or lease
signs, not exceeding six square feet in area.
G. Historical Signage which does not
advertise or pertain
to present use.
H. Signs in Commercial and Industrial
zones which are
directional or instructional only and
contain no logo or advertising.
I. Public service message signs on
private or public
property if authorized by City Council.
J. Political campaign signs on private
property. Signs
shall be removed within fourteen days
of election. (Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No. 6-95, Amended,
06/20/95)
Signs which are prohibited under this chapter include, but are not
limited to:
A. Beacons;
B. Pennants, other than as temporary
signs;
C. Flashing lights whose individual
bulbs exceed fifteen
watts;
D. Strobe
lighting;
E. Handbills, posters, notices or other
signs of a temporary
nature not specifically allowed by
this chapter;
F. Portable signs which are used for
any purpose other
than temporary signs;
G. Any sign which does not otherwise
conform to the requirements
of this chapter;
H. Political campaign signs on publicly
owned property
or right of way. (Ord. 10A-91 (part):
Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
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In all districts, the maximum size of permitted signs shall be in
accordance with the regulations contained in Table 19.48.060. (Ord. 10A-91 (part): Ord. 9-89
(part))
Table 19.48.060
NUMBER, DIMENSIONS, CLEARANCE AND LOCATION
OF INDIVIDUAL SIGNS BY ZONING DISTRICT
| SIGN SPECIFICS | ZONE | |||||
|---|---|---|---|---|---|---|
| R-40, R-15, R- 7.5 | R-A, R-MH, R-TH, R-MF | INSTITUTIONAL(a) | C-1 | C-2 | INDUSTRIAL | |
| Free Standing | ||||||
| Area ( Sq.Ft. ) | 4 | 30 | 60 | 100 | 300 | 300 |
| Height | 5 | 5 | 12 | 24(b) | 50/100(b&c) | 35(b) |
| Clearance | 8 | 8 | 8 | 8 | 8 | 8 |
| Setback(d) | 5 | 5 | 5 | 5 | 10 | 10 |
| Number Permitted Per Lot | 1 | N/A | 1 | N/A | N/A | N/A |
| Per Feet of Street Frontage | N/A | 1/200(f) | N/A | 1/200(f) | 1/200(f) | 1/200(f) |
| Building(e) | ||||||
| Area ( Sq.Ft. ) | 4 | 30 | N/A | N/A | N/A | N/A |
| Percentage of Wall Area | N/A | N/A | 15% | 20% | 25% | 25% |
| Number Permitted | 1 | 1 | 2 | 2 | 2 | 2 |
(a)
This column does not represent a zoning district, but rather
institutional uses
permitted in any
zone. Such uses may include, but are not necessarily limited to: churches, schools, funeral homes
and cemeteries.
(b)
In no case shall the actual sign height exceed the actual sign setback
from
any adjacent lot
that is zoned and used for residential purposes.
(c)
Signs near the Interstate area allowed greater height. Please
see 19.48.150.
(d)
In addition to the setback requirements of this table, signs shall be
located
such that there is at
every intersection and entrance, a clear view between the heights of three feet and ten feet in a
triangle formed by the point of intersection of the curb radius and points on the curb thirty feet
from the point of intersection.
(e)
Each separate business with an independent store front and entrance
shall be
considered a
building.
(f)
Signs shall not be erected closer than one hundred fifty feet from
another freestanding
sign on
the same lot.
(Ord. No. 3B-95, Amended, 03/07/95; Ord. No. 6-95, Amended, 06/20/95)
The computations related to sign restrictions
shall be made
in accordance with the following
regulations:
A. The area of a
sign face (which
is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest square, circle, rectangle, triangle or
combination thereof that will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop of structure against
which it is placed, not including any supporting framework.
B. The sign area of
a two-faced sign
shall be calculated on the dimensions of a single face,
except where the distance between the two faces exceeds sixty inches.
C. The height of a
sign shall be computed
as the distance from the base of the sign at
existing grade to the highest attached component of the sign.
Lots fronting on two or more streets are allowed
the permitted
sign area for each street
frontage; provided, the total sign area which is oriented towards a particular street shall not
exceed the maximum limits in Table 19.48.060A. (Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No.
6-95, Amended, 06/20/95)
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Signs in residential and R-A districts shall be
prohibited
from advertising any commercial
enterprise not conducted on the same lot. Signs in residential districts may be interior lighted or
externally lighted. Exterior lighting will be limited to shielded spotlights such that no direct light
or significant glare from the sign lighting shall be cast into any adjacent lot. (Ord. 10A-91 (part):
Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
Any application for a freestanding sign over ten
feet in
height or a roof sign or a sign which
protrudes over a public right-of-way shall include plans and specifications from a qualified
engineer demonstrating the ability of the roof or other structure to withstand the weight and
stress of the sign for the projected life of the sign.
Roof signs shall be permitted in C-1, C-2 and
industrial
zones only. (Ord. 10A-91 (part): Ord.
9-89 (part)) (Ord. No. 3B-95, Amended, 03/07/95; Ord. No. 6-95, Amended, 06/20/95)
Off-premise outdoor advertising signs shall only
be allowed
in commercial and industrial
districts. No such sign shall be erected closer than one thousand feet from another off premise
outdoor advertising sign on the same side of the street, measured along the frontage. The
total
sign area is limited to the restrictions found in Table 19.48.060 for its given zoning district. (Ord.
10A-91 (part): Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
Temporary signs on private property shall be
allowed only
on the issuance of a temporary sign
permit, which shall be subject to the following conditions:
A. A temporary
sign permit shall allow
the use of a temporary sign for a specified ninety-day
period.
B. Only one
temporary sign permit
shall be issued to the same person, business or
organization on the same lot in any six-month period.
C. Temporary signs
shall be required
to meet all of the requirements in Table 19.48.060.
(Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
Portable signs shall only be allowed as
temporary signs and
shall meet all other sign ordinance
requirements. (Ord. 10A-91 (part): Ord. 9-89 (part))
No signs shall be allowed to be placed in or over
the public
right-of-way, except for the
following:
A. Permanent
signs, including:
1. Public signs
erected by or on behalf
of a governmental body to post legal notices, identify
public property, convey public information, and direct or regulate pedestrian or vehicular
traffic;
2. Informational
signs of a public
utility regarding its poles, lines, pipes or facilities; and
3. Awning,
projecting and suspended
signs projecting over a public right-of-way in
conformity with the conditions of this section.
B. Temporary signs
in the public right-of-way
shall be allowed only for signs meeting the
following requirements:
1. Such signs shall
contain no commercial
message;
2. The term of such
a permit shall
be sixty days. No more than one permit for temporary
signs shall be issued to any applicant in any calendar year. In all cases, the applicant shall be
responsible for meeting all requirements under this section;
3. No more than
twenty signs may be
erected under one permit;
4. Such signs shall
be no more than
nine square feet in area each.
C. Emergency signs
erected by a governmental
agency, a public utility company, or a
contractor doing authorized or permitted work within the public right-of-way. (Ord. 10A-91
(part): Ord. 9-89 (part))
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Lots located in highway business districts (C-2),
which are
within one mile of Interstate 80 at
Exit No. 215 and within one-half mile of Exit No. 211, shall be allowed one freestanding sign
with a maximum height of one hundred feet. (Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No.
3B-95, Amended,
03/07/95)
All signs shall be designed and constructed in
accordance
with the following standards:
A. All signs shall
comply with applicable
provisions of the building and electrical codes of
the city.
B. Except for
banners, flags, temporary
signs and window signs conforming in all respects
with the requirements of this chapter, all signs shall be constructed of permanent materials and
shall be permanently attached to the ground, a building or another structure by direct attachment
to a rigid wall, frame or structure. (Ord. 10A-91 (part): Ord. 9-89 (part))
Every sign shall be kept in good repair. The
ground space
within a radius ten feet from any
ground sign shall be kept free and clear of all weeds, rubbish and flammable material. Any sign
or portion thereof declared unsafe by the building official shall be restored to a safe condition or
removed within fifteen days of receiving written notice. The property owner shall be ultimately
responsible for all such signs on his or her property. (Ord. 10A-91 (part): Ord. 9-89 (part))
Any sign or portion thereof declared unsafe or
abandoned
by the code enforcement officer is
declared a nuisance. After delivery of written notice to the owner, such signs may be abated in
the manner of any other nuisance and the property owner may be charged the cost of such
abatement. (Ord. 10A-91 (part): Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
A. No
nonconforming sign shall be
reconstructed in whole or in part, raised, moved,
enlarged or altered except in conformance with this chapter. Alterations shall not be interpreted
as normal painting, maintenance and repair, or changing of copy in signs designed to allow
changeable copy.
B. Nonconforming
signs which have
been damaged by fire, explosion, vandalism, act of God
or other means to the extent that more than fifty percent of their replacement cost has been lost,
shall be rebuilt only in conformance with the regulations of this chapter. (Ord. 10A-91 (part):
Ord. 9-89 (part)) (Ord. No. 6-95, Amended, 06/20/95)
All requests for sign permits shall be
accompanied by a dimensioned
drawing of the proposed
sign(s), including their location, existing business signs on the premises, and the dimensions of
the property or parcel and all buildings located thereon. Such information must be submitted to
the zoning officer prior to the approval of a sign permit. (Ord. 10A-91 (part): Ord. 9-89
(part))
For an applicant who wishes to permit two or
more signs at
the same time, a master sign
permit may be obtained. The information required for this permit is the same as a regular sign
permit except that all signs may be permitted at the same time. Any changes in the number, type
or area of the signs permitted under the master sign permit will require an additional sign permit.
(Ord. 10A-91 (part): Ord. 9-89 (part))
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Chapter 19.52
NONCONFORMING USES
Sections:Section 19.52.010 Unlawful uses not permitted.
An unlawful building or structure, or unlawful
use of a building,
structure, lot or land existing
at the effective date of the ordinance codified in this title shall not be deemed to be a
nonconforming building, structure or use within the meaning of the provisions of this chapter.
(Ord. 9-89 (part))
A. All legal uses of property which
exist as of May 15,
1989, or prior thereto, but which do
not conform in all respects to the terms and conditions of this ordinance, shall be allowed to
continue, subject to the terms and conditions found in this chapter, with the following
exceptions:
1. Industrial uses located in a residential zone.
2. Junk yard located in a residential
zone.
3. Commercial uses with outside sales
or storage located
in a residential zone.
B. Those excepted uses named in
Subsection A shall be
ceased or terminated or relocated to
a proper zone within the following time periods based upon the value of the business which may
be lost as a result of moving the non-conforming use to a proper zone:
1. Where
the value is less than
$100,000 - 2 years.
2. Where
the value is $100,000
or more, but less than $200,000 - 4 years.
3. Where
the value is more than
$200,000 - 6 years.
C. The value of the business
mentioned in Subsection
B shall be the difference in the value
of the business as located currently as a non-conforming use and the value of the business if
located in a proper zone, including, but not limited to, the cost of moving the business to a proper
zone. Such value may be established by such reasonable means as are available to the
City and
the owner of the non-conforming use which can be anticipated to reasonably appraise the values
of the business. In the event that the value estimated by the City is not accepted by the
owner
of
the use, the owner shall have the right to file an objection and demand an evidentiary hearing
before the Planning Commission to establish the value, subject to the following
conditions:
1. The
objection by the owner
shall be filed with the Community Development Office in
writing not later than ten (10) days following the mailing of the letter establishing the value by
the City to the owner's last known address by first class mail, with proper postage
attached.
2. The
hearing shall be scheduled
before the Planning Commission not more than sixty
(60) days after the date the objection is received by the City, unless continued for valid
cause.
3. All
documents, or true and
accurate copies thereof, which are to be used by the owner
of the use at the hearing, together with the name and address of any witness anticipated to be
called, to establish the value of the business shall be delivered by the owner to the City
Community Development Office not less than five (5) days prior to the scheduled hearing. The
City shall provide copies to the owner of any and all documents, and the name and address of any
anticipated witnesses, which are anticipated to be called at the hearing to establish or dispute
value not less than five (5) days before the scheduled hearing.
4. The
burden of proving the
value of the business in excess of that established by the City
shall be on the owner of the use.
5. The
Planning Commission shall
have not more than ten (10) days following the hearing
to issue a written opinion of the value established at the hearing.
6. Any
appeal of the decision
of the Planning Commission must be taken in writing not
more than ten (10) days after the issuance of the decision and shall be taken to the Carbon
County District Court. (Ord. 9-89 (part)) (Ord. No. 6-93, Amended,
06/01/93)
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| A. | The owner of a nonconforming use may apply to the Board of Adjustments for a variance from the strict application of the amortization schedule for the removal of certain non-conforming uses found in 19.52.020 under the following conditions: | |
| 1. | The owner of the use or property has the burden of proof that each of the conditions are fully met. | |
| 2. | The application shall be submitted in writing to the Community Development/Planning Office. It shall contain information which identifies and describes the previous or existing use, the proposed use and its probable effects upon the neighborhood, the name and address of the owner and applicant, and the location of the subject property. | |
| 3. | The proposed use must not change the character of the neighborhood as it now exists. | |
| 4. | The proposed use would not be more detrimental to the neighborhood than the existing or previous use. | |
| 5. | There is not substantial opposition to the proposed use from the community at the proposed location. | |
| 6. | There is no significant conforming use which can be made of the property at this time without an economic investment which would destroy the profitability of the property, or render such highly unlikely. | |
| 7. | There is a limit on the length of time the proposed non-conforming use will be in existence and that it will be replaced by a conforming use. The time may be limited as of a specific date or an event certain in the future. | |
| B. | In the event that an application described above is received by the Community Development/Planning Office such shall be advertised as required for a special use permit, and sufficient fees collected from the applicant to cover the costs of publication and other expenses at such rate as may be established by resolution of the City Council as per Title 1 of this code. The application will then be placed upon the appropriate agenda for action. Appeals from any action shall be taken as described in Section 19.52.020. | |
| (Ord. No. 6-93, Enacted, 06/01/93)
(Ord. 08a-2008, Amended, 08/19/2008) | ||
A. If a building or
structure used
by a nonconforming use is damaged it may be
reconstructed, or used as before; provided, that the floor area which existed prior to the damage
not be increased, and that reconstruction commence within six months of such happening, and be
completed within one year after reconstruction is started.
B. A
nonconforming building or structure
that is devoted to a conforming use may be
reconstructed, structurally altered, restored or repaired in whole or in part, provided the degree of
nonconformity is not increased. (Ord. 9-89 (part))
A nonconforming use shall be deemed to have
been terminated
and shall not thereafter be
reinstated:
A. When it is
changed to a conforming
use;
B. When it has
been discontinued or
unavailable to the normal market for that use for a
period of six consecutive months. (Ord. 9-89 (part))
A nonconforming use shall be deemed to have
been terminated
and shall not thereafter be
reinstated:
A. When it is
changed to a conforming
use;
B. When it has
been discontinued or
unavailable to the normal market for that use for a
period of six consecutive months;
C. When such use
has been abandoned
by its owner. (Ord. 9-89 (part))
Normal maintenance and repairs of a building or
other structure
containing a nonconforming
use is permitted, provided it does not extend the floor area occupied by nonconforming use. (Ord.
9-89 (part))
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Chapter 19.56
PERMITS
Sections: Due to their unusual and unique features, special
permit
uses shall be subject to the following
requirements to insure the best interests of the health, safety and welfare of Rawlins citizens.
Special permit uses shall be permitted only after approval by the planning commission. (Ord.
9-89 (part))
Application for home occupation and other special use permits shall
be made
through the
Department of Community Development in writing on forms provided by the city. Each
application shall include the appropriate fee to the City as set by ordinance of the City Council,
and provided for in Title 4 of this code. The application shall include a site plan and
sufficient
information for the Planning Commission and staff to fully and accurately evaluate the proposed
use. (Ord. 2-91 (part): Ord. 9-89 (part)) (Ord. No. 10D-94, Amended,
10/04/94)
A public hearing shall be held by the planning
commission
on a special use permit application.
The hearing must be held within thirty-one days from the date the application has been filed.
Notice of the hearing shall be given by at least one publication in a newspaper of general
circulation within the city at least ten days to the hearing date. The notice shall contain at least
the following information:
A. General
location;
B. Requested
use;
C. Time, place and
date of hearing;
D. Number to call
to ask questions
about request. (Ord. 9-89 (part))
Action on application must be taken and a
decision must be
made by the planning commission
within sixty-five days from the date of receipt of the application, unless continuation is agreed
upon by the applicant. The planning commission shall make the following determinations prior
to approval of a special use permit:
A. The proposed
use shall serve an
obvious public need;
B. The proposed
use will not be detrimental
to the surrounding area or to established uses;
C. That adequate
and safe access and
circulation shall be provided;
D. That any
resulting commercial and
truck traffic shall not use a residential street nor create
a hazard to a developed residential area;
E. That the
applicant has taken adequate
steps to minimize and control potential
environmental problems which may be resulting from the proposed use. (Ord. 9-89 (part))
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Records of all applications made and decisions
rendered,
together with all maps, drawings,
descriptions of conditions applied shall be kept and maintained as described in Section
19.12.040. A copy of the decision rendered and conditions applied shall be transmitted to the
applicant. (Ord. 9-89 (part))
Appeals of the planning commission action shall
be made in
writing to the city council. The
council shall hold a hearing in the same manner as prescribed in this chapter for the planning
commission on special use permits. (Ord. 9-89 (part))
Revocation of a special use permit shall be subject to the following
requirements:
A. Initiation of Action. The Director of
Community Development,
the Planning
Commission, or the City Council may
initiate action
to revoke a special use permit.
B. Grounds for Revocation. A special
use permit may be
revoked upon a finding of any one
or more of the following
grounds:
1. That
the special use permit
was obtained by fraud.
2. That
one or more of the conditions
upon which approval was granted have been
violated;
or
3. That
the use or facility for
which approval was granted is so conducted or
maintain
ed as to be detrimental
to the public health or safety, or as to be a public
nuisance
.
C. Public Hearing. The Planning
Commission shall hold
a public hearing upon the
revocation of the special use permit.
The hearing shall
be noticed in accordance
with this chapter. The Planning
Commission shall submit
findings based on any one
or more of the grounds listed in
subsection B of this
section and shall forward a
recommendation on revocation to the
City Council The
person or persons to whom
the special use permit has been issued
shall be notified
of such recommendations not
later than three days after submission
of the report
to the City Clerk.
D. City Council Action. The City
Council shall hold a
public hearing upon the revocation of
the special use permit. The hearing
shall be noticed
in accordance with this chapter.
After the public hearing and
consideration of the recommendation
of the Planning
Commission, the City Council may
take action to revoke
the special use permit. The
action of the City Council shall be by
an affirmative
vote of a majority of the entire
membership of the
Council.
(12-2003, Added, 12/02/2003)
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Chapter 19.60
PLANNED UNIT DEVELOPMENTS
Sections: The purpose of planned unit development
procedures is to
permit creativity and flexibility in
design by permitting deviations from the requirements of this title if the design satisfactorily
proves that no problems will be created. Through individual design and location of units, greater
privacy, land efficiencies and improved living environments should result. Planned unit
developments in any districts where permitted shall be subject to the additional provisions of this
chapter. (Ord. 9-89 (part))
A development plan shall be submitted along with an
application to the Department of Community Development. Every such application shall include
payment
of the appropriate fee to the City as set by resolution of the City Council, and provided for in Title 1 of
this code. The plan shall show the layout of roads, lots, parks and open spaces, location of buildings,
developments immediately adjacent, and provisions for drainage, water supply and sewerage treatment
facility in conformance with state and federal standards. (Ord. 9-89 (part)) (Ord. No.
10D-94, Amended, 10/04/94)
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Section 19.64.020 Campers and Motor Homes.
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(Ord. 08a-2008, Amended, 08/19/2008)
The minimum lot area and yard requirements of
the specific
zone district where located may
be varied provided:
A. The gross
dwelling unit density
of the development does not exceed the density
requirements of the district where located as follows:
R
40,000 1
unit per acre
R
15,000 3
units per acre
R
7,500 6
units per acre
R
3,000 14
units per acre
R
1,500 30
units per acre
Open space for recreation shall be provided
based on the
following:
The percent of the total land to be dedicated
shall be based
on the formula below which
recognizes the national standard of ten acres per one thousand population for park usage. This
standard is then related to density and varying family size with density changes. Therefore, the
amount to be dedicated is calculated as follows:
Gross density x 2 plus 5 equals % dedication
required
(Example: 10 units per acre x 2 plus 5 equals 25
or
25% dedication)
B. That area
designated as open space
or park shall be dedicated in perpetuity by appropriate
covenants, and protected by a homeowner's association or similar legally constituted arrangement
to control, construct and maintain the mutually owned property. Lands proposed to be dedicated
to public ownership cannot be considered as meeting these requirements unless accepted by legal
action of the government.
C. The minimum
distance between principal
structures, on the same lot, and perimeter
development boundaries shall be no less than the height of the tallest structure as applicable. In
no case shall the setback from the boundary be less than twenty-five feet.
D. Approvals
granted by the planning
commission shall be based on a specific plan and
written conditions attached thereto. (Ord. 9-89 (part)) (Ord. No. 3B-95, Amended,
03/07/95)
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Chapter 19.64
MOBILE HOME PARKS
Sections:
19.64.010 Regulations.
19.64.020 Campers and Motor Homes
Section 19.64.010 Regulations.
| A mobile home park, in any district where permitted, shall be subject to the following additional provisions: | |
| A. | A mobile home park shall not be developed at a residential density greater than eight mobile home spaces per acre. |
| B. | Each mobile home space shall be connected to a water supply system and sewage treatment system which meets the State Health Standards. |
| C. | All roads shall have a minimum paved (hard surface) width of twenty-five feet. |
| D. | Electric and telephone utilities shall be underground. |
| E. | Each mobile home park shall provide recreational and open area, exclusive of mobile home spaces, amounting to no less then ten percent of the total park site. |
| F. | A site plan of development shall be submitted with an application along with payment of the appropriate fee to the City as set by resolution of the City Council, and provided for in Title 1 of this code. |
| (Ord. 9-89 (part)) (Ord. No. 10D-94, Amended,
10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008) | |
Section 19.64.020 Campers and Motor Homes.
| A. | Camper Trailers and Motor Homes may be parked in a Mobile Home Park, if in compliance with subsection “C” below. | |
| B. | Definition: Camper Trailers and Motor Homes – Mobile living units designed to provide sleeping and sanitary facilities with all services self-contained. Units are individually powered or are designed to be pulled behind a motor powered vehicle. | |
| C. | Setup. | |
| a. | Campers and Motor Homes must display the Recreation Vehicle Industry Association seal or otherwise provide documentation of compliance with the National Fire Protection Code for Recreational Vehicles 1192 and the American National Standards Institute A119.2 Standard for Recreational Vehicles. | |
| b. | Utilities – All utilities, including water, landfill, sanitary sewer, electrical service, gas, television cable, etc. shall be installed in such a manner that protects the integrity of the service. All installations shall be made as required by regulations prescribed in applicable sections of the municipal code. If propane tanks other than tanks installed in the Camper Trailer or Motor Home are used the propane must be installed by a licensed propane dealer with a minimum one hundred twenty gallon tank. | |
| c. | Support and Park Rules– Each Camper Trailer or Motor Home must be stabilized from beneath using a concrete masonry, and/or metal support system the same as required by the park for mobile homes. All park requirements for Mobile Homes such as numbering, skirting, tire and rim removal, water metering etc. will also apply to Campers and Motor Homes. | |
| d. | Porches and other attached Structures – Any structures attached to the home (where allowed by the park) require a building permit and must be built subject to applicable building codes and inspections by the building official. | |
| e. | Repairs, painting and general upkeep – It shall be the duty of every occupant and/or owner of the Camper or Motor Home to maintain the original integrity of the structure by performing regular repairs, painting, and other items of general upkeep as may be expected and needed from time to time. Maintenance requirements of the Camper or Motor Home apply equally to the maintenance of sheds and all other outside appurtenances to the Camper or Motor Home. | |
| (Ord. 08-2009, Added, 09/01/2009) | ||
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Chapter 19.72
CERTIFICATE OF OCCUPANCY
Sections:
19.72.010 Required.
19.72.020 Compliance required.
19.72.030 Issuance.
19.72.040 Temporary issuance.
Section 19.72.010 Required.
It is unlawful to use or to permit the use of any
building,
structure, premises, lot or land, or
part thereof, hereinafter erected or altered, enlarged or moved, in whole or in part, after the
effective date of the ordinance codified in this title, or any building, structure, premises, lot or
land, or part thereof, of which the use is changed, until a certificate of occupancy has been
obtained by the owner, or his authorized agent. (Ord. 9-89 (part))
Section 19.72.020 Compliance required.
Upon written request by the owner or his
authorized agent,
the zoning officer shall issue a
certificate of occupancy for any building or structure, lot or land, existing in use at the effective
date of the ordinance codified in this title; provided, that the zoning officer finds that the building
or structure, lot or land is in conformity with the applicable provisions of this title. (Ord. 9-89
(part))
Section 19.72.030 Issuance.
Upon written request by the owner or his
authorized agent,
the zoning officer shall issue a
certificate of occupancy for any building or structure, lot or land, existing in use at the effective
date of the ordinance codified in this title; provided, that the zoning officer finds that the building
or structure, lot or land is in conformity with the applicable provisions of this title. (Ord. 9-89
(part))
Section 19.72.040 Temporary issuance.
Under such rules and regulations as may be
established by the planning commission and filed with the building official a temporary certificate of
occupancy for not more than thirty days for a part of a building may be issued by him. (Ord. 9-89
(part))(Ord. 11-2007, Amended, 11/06/2007)
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Chapter 19.76
APPEALS AND VARIANCES
Sections:Section 19.76.010 Hearings of Appeals.
A. The Board of Adjustment shall hear and
decide such appeals
as may be taken from orders,
requirements, decisions and determinations made by the planning Commission or city staff
charged with the enforcement and interpretation of the provisions of this title.
B. In the case of an appeal, the Board
shall:
1. Fix a reasonable time for hearing an appeal of
not less
than ten days nor more than forty-five
days from the date of appeal;
2. Give not less than 48 hours notice to the
public of the
scheduled hearing;
3. Provide not less than five days notice to the
parties in
interest; and,
4. Decide the appeal within thirty days after the
hearing.
C. Any party may appear in person at the hearing
or by agent
or attorney.
D. The Board shall adopt written rules for the
parties to
follow during the hearing, which shall
insure that each side is allowed to present such evidence as is relevant and useful in the view of
the Board, without undue repetition, and that each party shall have the opportunity to argue its
position. If no such rules are adopted or effective, then the Wyoming rules for
Administrative
Hearings shall apply.
E. The Board may reverse, modify or affirm in
whole or in
part the order, requirement, decision
of determination as it deems appropriate, provided, however, that no power exercised by the
Board under this paragraph shall exceed the power or authority vested in the Planning
Commission or staff member from whom the appeal is taken. (Ord. No. 4A-95, Enacted,
04/18/95)
A. Any aggrieved person or the City if directly
affected by
a decision of the Planning
Commission or city staff concerning this title may appeal such decision to the Board of
Adjustment. Appeals must be filed within thirty days following the issuance of the action
by the
Planning Commission or the staff person. The appeal must be filed in writing by
delivering a
"Notice of Appeal" to the Planning Commission or staff person making the decision
and to the
Director of Community Development. The Appeal must state with specificity the
Commission or
staff person who made the decision; the date of the decision; the decision that was made; the
adverse effect being appealed; the reason the decision was improper and the decision that should
have been reached. The Planning Commission or staff member from whom the appeal is
taken
shall immediately transmit to the Board of Adjustment the complete record of the action from
which the appeal is taken by delivering a copy of such to the Director of Community
Development. (Ord. 9-89 (part)) (Ord. No. 4A-95, Amended, 04/18/95)
A properly filed appeal from a decision by the
Planning Commission
or city staff may, if
requested by the Appellant, stay all proceedings related to the appeal if good cause is shown by
the appellant to the Board of Adjustment in sworn affidavit for such stay, provided, however, that
no stay shall be granted if the Planning Commission or city manager certifies to the Board of
Adjustment that the facts affirmed to the Board demonstrate an immediate threat to life or
property which can be avoided by denying the stay. In such case, no stay shall be granted except
by restraining order issued by the District Court for good cause down. Ord. 9-89 (part)) (Ord. No.
4A-95, Amended, 04/18/95)
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| A. | The Board has the power to: | |||
| 1. | Hear and decide special exemptions to the terms of the ordinances found in this title. | |||
| 2. | Vary or adjust the strict application of any of the requirements of any ordinance adopted pursuant to this title in the case of any physical condition applying to a lot or building if the strict application of the regulations of this title would deprive the owner of the reasonable use of the land or building involved. The Board shall set forth its findings of fact in writing, with copies of such sent to each of the parties within the time specified herein. Any decision made by the Board shall be based upon the finding that there are unique circumstances to the property being addressed and that no adjustment in the strict application of any provision of an ordinance may be granted unless: | |||
| a. | There are special circumstances of conditions fully described in the Board's findings, which: | |||
| i. | Are peculiar to the land or building for which the adjustment is sought; and, | |||
| ii. | Do not apply generally to land or buildings in the neighborhood; and, | |||
| iii. | Have not resulted from any act of the applicant subsequent to the adoption of the ordinance: | |||
| b. | There are circumstances or conditions fully described the Board's findings such that: | |||
| i. | The strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building; | |||
| ii. | The granting of the adjustment is necessary for the reasonable use thereof; and, | |||
| iii. | The adjustment granted is the minimum adjustment that will accomplish the intended purpose; and, | |||
| c. | he granting of the adjustment is in harmony with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. | |||
| 3. | Grant exemption and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of local ordinance and the City has not taken steps toward enforcement. | |||
| B. | No variance or use shall be granted in a zone restricted against the structure or use. | |||
| C. | Any variance granted by the board of adjustment pursuant to the provisions of this section shall be construed to be conforming. | |||
| D. | The concurring vote of a majority of the Board of Adjustment is necessary to reverse and order, requirement, decision or determination of any administrative official, to decide in favor of the application of any matter upon which it is required to pass under any ordinance or to effect any variation of any ordinance. | |||
| (Ord. 9-89 (part)) (Ord. No. 4A-95, Amended, 04/18/95) | ||||
Any decision of the board may be reviewed by the district court pursuant to
Rule
12 of the
Wyoming Rules of Appellate Procedure. (Ord. 4-90) (Ord. No. 10D-94, Amended, 10/04/94;
Ord. No. 4A-95, Amended, 04/18/95)
Every applicant for a variance shall pay to the City a fee at the time of submission of
such application as established by resolution of the City Council as per Title 1 of this code. (Ord. No.
4A-95, Enacted, 04/18/95)
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(Ord. 08a-2008, Amended, 08/19/2008)
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Chapter 19.80
AMENDMENTS
Sections:
19.80.010 Requirements.
19.80.020 Application.
19.80.030 Effect of denial.
Section 19.80.010 Requirements.
Amendments to this title shall require the
following action
before adoption;
A. Certification of
any proposed amendments
by the planning commission, following a
public hearing before the commission after at least fifteen days' notice of the time and place of
the hearing shall have been given by at least one publication in a newspaper of general
circulation within the city;
B. Completion of a
public hearing
before the city council after at least fifteen days' notice of
the time and place of the hearing shall have been given by at least one publication in a newspaper
of general circulation within the city; and
C. Approval by
official vote of a
majority of the city council. (Ord. 9-89 (part)) (Ord. No.
3a-94, Amended, 03/15/94; Ord. No. 3A-93, Amended, 03/15/94)
Section 19.80.020 Application.
A. An amendment, rezoning or map
change may be initiated
by:
1. the
City Council
2. The
Planning Commission
3. the
City Manager, or
4. a
petition of interested property
owners or authorized agents of the owners, for
rezoning, of any land to a less restricted district; provided that the land is adjacent to or directly
across a street or alley from property which is already zoned in the same or less restricted zone as
that to which the property is proposed to be rezoned.
B. An application to amend this title or
map shall be
submitted to the City Council and the
Planning Commission for review and processing as outlined under Section 19.80.010.
The
applicant shall include a fee in an amount sufficient to cover the cost of advertising and
processing, the amount to be determined from time to time by resolution of the Planning
Commission.
C. A legal protest against the
application would be in
effect if signed by the owners of
twenty percent or more either of the area of the lots included in the proposed change, or of those
immediately adjacent in the rear thereof extending one hundred forty feet therefrom, or, in case
any alley separates the lots from the lots to the rear thereof, then the area for a distance of one
hundred forty feet from the street frontage of the opposite lots, the amendment shall not become
effective except by the favorable vote of three-fourths of all members of the legislative body of
the municipality. (Ord. 9-89 (part)) (Ord. No. 3A-94, Amended, 03/15/94; Ord. No. 10D-94,
Amended, 10/04/94)
Section 19.80.030 Effect of denial.
If an application for an amendment to this
zoning title or
map is denied new application for the
same zoning change affecting the same property or use shall not be eligible for reconsideration
for six months after the denial. (Ord. 9-89 (part)) (Ord. No. 3a-94, Amended, 03/15/94; Ord. No.
3A-93, Amended, 03/15/94)
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Section Index
Chapter 19.84
VIOLATION--PENALTY
Sections:
19.84.010 Penalty for violation.
19.84.020 Civil actions.
19.84.030 Liability for damages.
Section 19.84.010 Penalty for violation.
No person shall locate, erect, construct,
reconstruct, enlarge,
change, maintain or use any
building or use of land in violation of this title or amendment thereto. Any person who violates
any section of this title may be punishable by a fine of not more than one hundred dollars for
each offense. (Ord. 9-89 (part))
Section 19.84.020 Civil actions.
In case any building or structure is, or is
proposed to be,
erected, constructed, reconstructed,
altered, maintained or used, or any land is proposed to be used, in violation of any provision of
this title, or amendment thereof, the city council, the city attorney in and for the city, or any
owner of real estate within the zoned areas, in addition to other remedies provided by law, may
institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin,
abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or
use. Appeals from judgment rendered in any action instituted to enforce this title shall be
permitted in accordance with the general appeals provisions of the Wyoming Rules of Civil
Procedure. (Ord. 9-89 (part))
Section 19.84.030 Liability for damages.
This title shall not be construed to hold Rawlins responsible for any
damage
to persons or
property by reason of the inspection or reinspection authorized in this title or failure to inspect
or
reinspect or by reason of issuing a certificate of occupancy, or in the administration and
enforcement.
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