Rawlins Municipal Code

Title 19

ZONING

Chapters:
19.04    GENERAL PROVISIONS
19.08    DEFINITIONS
19.12    ADMINISTRATION AND ENFORCEMENT
19.16    DISTRICTS
19.20    R-A DISTRICT
19.22    I-A DISTRICT
19.24    R-D DISTRICT
19.28    C-1 DISTRICT
19.32    C-2 DISTRICT
19.36    I-DISTRICT
19.38    HISTORIC RESIDENTIAL OVERLAY
19.40    USE REGULATIONS
19.44    OFF-STREET PARKING
19.48    SIGNS
19.52    NONCONFORMING USES
19.56    PERMITS
19.60    PLANNED UNIT DEVELOPMENTS
19.64    MOBILE HOME PARKS
19.72    CERTIFICATE OF OCCUPANCY
19.76    APPEALS AND VARIANCES
19.80    AMENDMENTS
19.84    VIOLATION--PENALTY

Prior ordinance history: Prior code §§ 29-10— 29-12, 29-19— 29-23, 29-26, 29-30— 29-36, 29-40— 29-47, 29-50— 29-55, 29-60— 29-66, 29-70, 29-73— 29-76, 29-99— 29-111, 29-113— 29-119, 29-121, 29-122, 29-131— 29-134, 29-136, 29-137, 29-200, 29-201, 29-210, 29-219, 29-220, 29-231— 29-233, 29-301, 39-303, 29-304, 29-306— 29-309, 29-311— 29-313, 29-315, 29-317, 29-318, 29-321— 29-323, 29-325— 29-329 and Ordinances 4B-76, 1-77, 11D-77, 4C-78, 6-78, 9C-79, 10D-79, 11A-79, 4A-80, 5-80, 5B-80, SC-SO, 6E-80, 6G-80, 9-80, 11-80, 12-80, 2A-81, 6A-81, 7A-81, 7B-81, 7C-81, 8C-81, 5C-83, 5D-83, 3A-84, 9A-84, 4-86, 12-86, 12A-86, 7B-87, 8-87 and 11-88.


Chapter 19.04

GENERAL PROVISIONS

Sections:
19.04.010    Title.
19.04.020    Short title.
19.04.030    Purpose.
19.04.040    Use regulation conformance required.
19.04.050    Design standard conformance required.
19.04.070    Extraction or production of mineral resources.
19.04.080    Relation to other laws or agreements.
19.04.090    Temporary Recreational Vehicle Parking
19.04.100    Recreational Vehicle Use and Demolition.

Section 19.04.010    Title.

    This title is established as an ordinance establishing specified land use districts or zones, and to regulate therein buildings and structures according to their construction and the nature of and the extent of their use, and the nature and extent of the uses of the land, in the incorporated area of the city of Rawlins, Wyoming, hereinafter referred to as the city, and providing for the administration and enforcement of the provisions provided in this title. (Ord. 9-89 (part))


Section 19.04.020    Short title.
    This title shall be known and may be cited as "The Rawlins Zoning Ordinance of 1989." (Ord. 9-89 (part))


Section 19.04.030    Purpose.
    The zoning ordinance codified in this title is adopted for the purpose of promoting the public health, safety, morals and the general welfare of the community, and to further the following related and more specific objectives:
    A.    To guide and regulate orderly growth, development and redevelopment of the city in accordance with a comprehensive plan of long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people;
    B.    To protect the established character and the social and economic well-being of both private and public property;
    C.    To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate;
    D.    To secure safety from fire, panic and other dangers, and to provide adequate light, air and convenience of access;
    E.    To prevent overcrowding of land or buildings, and to avoid undue concentration of population;
    F.    To lessen and, when possible, to prevent traffic congestion on public streets and highways;
    G.    To conserve the value of buildings and to enhance the value of land throughout the city. (Ord. 9-89 (part))


Section 19.04.040    Use regulation conformance required.
    Except as provided in this title, no building or structure or part thereof and no lot or part thereof shall hereafter be used, except in conformity with the use regulations prescribed in this title. Any existing use that does not conform to the use regulations of this title shall be deemed a nonconforming use, except that uses granted as the result of an approved special use permit by the planning commission pursuant to Chapter 18.56 shall be deemed conforming uses. (Ord. 9-89 (part))


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Section 19.04.050    Design standard conformance required.
    Except as provided in this title, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard coverage, height and density regulations prescribed in this title. Any building or structure that does not conform to such regulations, deemed in this title a nonconforming structure, irrespective of the use to which it is put. Variances granted by the board of adjustment pursuant to Chapter 19.76 on grounds of practical difficulties or unnecessary hardship, not self-imposed, the extent of their use, and the nature and extent of the uses of the land, in the incorporated area of the city of Rawlins, Wyoming, hereinafter referred to as the city, and providing for the all the administration and enforcement of the provisions provided in this title. (Ord. 9-89 (part))(Ord 9-00(part)


Section 19.04.070    Extraction or production of mineral resources.
    In accordance with the state statutes, this title shall not prevent any use or occupancy reasonably necessary to the extraction or production of the mineral resources in or under any lands subject thereto. However, prior to actual extraction of the mineral, the area shall be properly zoned and all other applicable requirements of this zoning ordinance shall be met. (Ord. 9-89 (part))


Section 19.04.080    Relation to other laws or agreements.
    A.    Nothing in this title shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between the parties. Where this title imposes a greater restriction upon the heights of buildings or structures or premises, lots or land, or upon the heights of buildings, structures or requires larger lots, yards, courts or other open spaces than imposed or required by other provisions of law, ordinance or regulation, or by such easements, covenants or agreements, the provisions of this title shall control.
    B.    Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this title, the provisions of the other law or ordinance or regulations shall control.
    C.    No provisions contained in this title shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down or officially mapped. (Ord. 9-89 (part))


Section 19.04.090    Temporary Recreational Vehicle Parking
Except as provided in Section 19.64.020 and herein Occupied Recreational Vehicles may only be parked in Recreational Vehicle Parks. Temporary parking of  Recreational Vehicles for any church shall be permitted in all areas of the City of Rawlins for not longer than fourteen (14) days and only when prior arrangements have been made with the City Clerk. Such parking is only allowed on property owned, leased or rented by the organization and shall not be allowed on city streets or alleys. If such parking extends more than 14 days, the organization must obtain approval of the City Manager or his/her designee. (Ord. No. 06-02, Adopted, 07/10/01)
(Ord. 08-2009, Amended, 09/01/2009; 06-2002, Added, 07/10/2001)


Section 19.04.100    Recreational Vehicle Use and Demolition
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:
19.08.010    Generally.
19.08.020    Accessory use or building.
19.08.030    Agricultural uses.
19.08.050    Benefaction.
19.08.060    Block.
19.08.070    Block frontage.
19.08.080    Boarding or lodging house.
19.08.100    Building, area of.
19.08.110    Business center development.
19.08.120    Cellar.
19.08.130    Dump.
19.08.140    Dwelling.
19.08.150    Family.
19.08.160    Filling station.
19.08.170    Floodplain.
19.08.180    Floor area.
19.08.190    Garage.
19.08.200    Garage, parking.
19.08.210    Garage, repair.
19.08.220    Height of a structure.
19.08.230    Home occupation.
19.08.240    Home professional office.
19.08.250    Hospital.
19.08.260    Hotel.
19.08.270    Industrial park.
19.08.280    Industry, nonnuisance.
19.08.290    Junkyard.
19.08.300    Landfill.
19.08.310    Lot.
19.08.320    Lot area.
19.08.330    Lot, corner.
19.08.340    Lot, depth of.
19.08.350    Lot line.
19.08.360    Lot line, corner.
19.08.370    Lot line, front.
19.08.380    Lot line, rear.
19.08.390    Lot, through.
19.08.400    Lot, width of.
19.08.410    Main use or building.
19.08.415    Manufactured Home.
19.08.420    Medical office building.
19.08.430    Membership club.
19.08.440    Mill.
19.08.450    Milling.
19.08.460    Mine.
19.08.470    Mineral exploration.
19.08.480    Mining.
19.08.485    Mobile home.
19.08.487    Mobile home park.
19.08.490    Modular home.
19.08.500    Motel.
19.08.510    Multiple dwelling.
19.08.520    Multiple dwelling development.
19.08.530    Net residential density.
19.08.540    Nonconforming structure.
19.08.550    Nonconforming use.
19.08.560    Parking area.
19.08.570    Planning commission.
19.08.580    Processing.
19.08.585    Professional service.
19.08.590    Public notice.
19.08.595    Recreation vehicle.
19.08.597    Recreation vehicle park.
19.08.598    Residential professional office.
19.08.600    Sand or gravel pit.
19.08.610    Sign.
19.08.620    Sign, advertising.
19.08.630    Sign, announcement or professional.
19.08.640    Sign, business.
19.08.645    Single family residence.
19.08.650    Single-family detached dwelling.
19.08.660    Site plan.
19.08.670    Special use permit.
19.08.675    Stock-in-trade.
19.08.680    Street.
19.08.690    Street line.
19.08.700    Structure.
19.08.710    Swimming pool, private.
19.08.720    Tourist home.
19.08.730    Trailer.
19.08.740    Trailer or mobile home court.
19.08.750    Variance.
19.08.760    Yard, corner.
19.08.770    Yard, front.
19.08.780    Yard, rear.
19.08.790    Yard, side.
19.08.800    Zoning officer.

Section 19.08.010    Generally.

    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))


Section 19.08.020    Accessory use or building.
    "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))


Section 19.08.030    Agricultural uses.
    "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))


Section 19.08.050    Benefaction.
    "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))


Section 19.08.060    Block.
    "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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Section 19.08.070    Block frontage.
    "Block frontage" means that portion of a block which abuts a single street. (Ord. 9-89 (part))


Section 19.08.080    Boarding or lodging house.
    "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))


Section 19.08.100    Building, area of.
    "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))


Section 19.08.110    Business center development.
    "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))


Section 19.08.120    Cellar.
    "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))


Section 19.08.130    Dump.
    See Section 19.08.300. (Ord. 9-89 (part))


Section 19.08.140    Dwelling.
    "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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Section 19.08.150    Family.
    "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))


Section 19.08.160    Filling station.
    "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))


Section 19.08.170    Floodplain.
    "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))


Section 19.08.180    Floor area.
    "Floor area" means the total horizontal area of a building measured on the outside walls of each story. (Ord. 9-89 (part))


Section 19.08.190    Garage.
    "Garage" means a building or part thereof used for the storage or parking of one or more vehicles. (Ord. 9-89 (part))


Section 19.08.200    Garage, parking.
    "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))


Section 19.08.210    Garage, repair.
    "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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Section 19.08.220    Height of a structure.
    "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))


Section 19.08.230    Home occupation.
    "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))


Section 19.08.240    Home professional office.
    See "residential professional office." (Ord. 2-91 (part): Ord. 9-89 (part))


Section 19.08.250    Hospital.
    "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))


Section 19.08.260    Hotel.
    "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))


Section 19.08.270    Industrial park.
    "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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Section 19.08.280    Industry, nonnuisance.
    "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))


Section 19.08.290    Junkyard.
    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)


Section 19.08.300    Landfill.
    "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))


Section 19.08.310    Lot.
    "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))


Section 19.08.320    Lot area.
    "Lot area" means the total horizontal area included within lot lines. (Ord. 9-89 (part))


Section 19.08.330    Lot, corner.
    "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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Section 19.08.340    Lot, depth of.
    "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))


Section 19.08.350    Lot line.
    "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))


Section 19.08.360    Lot line, corner.
    "Corner lot line" means, on a corner lot, the frontage line which is not designated a front lot line. (Ord. 9-89 (part))


Section 19.08.370    Lot line, front.
    "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))


Section 19.08.380    Lot line, rear.
    "Rear lot line" means the lot line opposite to the front lot line. (Ord. 9-89 (part))


Section 19.08.390    Lot, through.
    "Through lot" means a lot extending from one street to another, uninterrupted by public right-of-way. (Ord. 9-89 (part))


Section 19.08.400    Lot, width of.
    "Width of lot" means the mean dimension measured at substantially right angles to the depth of the lot. (Ord. 9-89 (part))


Section 19.08.410    Main use or building.
    "Main use or building" means the principal or most important use or building on a lot. (Ord. 9-89 (part))


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Section 19.08.415    Manufactured Home.
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)


Section 19.08.420    Medical office building.
    "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))


Section 19.08.430    Membership club.
    "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))


Section 19.08.440    Mill.
    "Mill" means a reducing plant where ore is concentrated and/or metals recovered. (Ord. 9-89 (part))


Section 19.08.450    Milling.
    "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))


Section 19.08.460    Mine.
    "Mine" means an opening or excavation in the earth for the purpose of extracting minerals. (Ord. 9-89 (part))


Section 19.08.470    Mineral exploration.
    "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))


Section 19.08.480    Mining.
    "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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Section 19.08.485    Mobile home.
    "Mobile home" as defined in 16.08.270. (Ord. 9-89 (part))


Section 19.08.487    Mobile home park.
    "Mobile home park" as defined in 16.08.290. (Ord. 9-89 (part))


Section 19.08.490    Modular home.
    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)


Section 19.08.500    Motel.
    "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))


Section 19.08.510    Multiple dwelling.
    "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))


Section 19.08.520    Multiple dwelling development.
    "Multiple dwelling development" means one or more multiple dwelling buildings planned as a single unit. (Ord. 9-89 (part))


Section 19.08.530    Net residential density.
    "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))


Section 19.08.540    Nonconforming structure.
    "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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Section 19.08.550    Nonconforming use.
    "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))


Section 19.08.560    Parking area.
    "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))


Section 19.08.570    Planning commission.
    "Planning commission" means the planning commission of Rawlins. (Ord. 9-89 (part))


Section 19.08.580    Processing.
    "Processing" means the methods employed to clean, process and prepare coal and metallic ores into the final marketable product. (Ord. 9-89 (part))


Section 19.08.585    Professional service.
    "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))


Section 19.08.590    Public notice.
    "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))


Section 19.08.595    Recreation vehicle.
    "Recreation vehicle" means a vehicle whether self-propelled, drawn or carried, used as temporary living quarters. (Ord. 9-89 (part))


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Section 19.08.597    Recreation vehicle park.
    "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))


Section 19.08.598    Residential professional office.
    "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))


Section 19.08.600    Sand or gravel pit.
    "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))


Section 19.08.610    Sign.
    "Sign" means any device which visually imparts a message through the use of texts, pictures or models. (Ord. 9-89 (part))


Section 19.08.620    Sign, advertising.
    "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))


Section 19.08.630    Sign, announcement or professional.
    "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))


Section 19.08.640    Sign, business.
    "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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Section 19.08.645    Single family residence.
    "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)


Section 19.08.650    Single-family detached dwelling.
    "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))


Section 19.08.660    Site plan.
    "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))


Section 19.08.670    Special use permit.
    "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))


Section 19.08.675    Stock-in-trade.
    "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))


Section 19.08.680    Street.
    "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))


Section 19.08.690    Street line.
    "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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Section 19.08.700    Structure.
    "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))     


Section 19.08.710    Swimming pool, private.
    "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))


Section 19.08.720    Tourist home.
    "Tourist home" means a residential building in which rooms are rented primarily to transient automobile travelers. (Ord. 9-89 (part))


Section 19.08.730    Trailer.
    See Sections 19.08.595 and 19.08.485. (Ord. 9-89 (part))


Section 19.08.740    Trailer or mobile home court.
    See Sections 19.08.597 and 19.08.487. (Ord. 9-89 (part))


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Section 19.08.750    Variance.
    "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))


Section 19.08.760    Yard, corner.
    "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))


Section 19.08.770    Yard, front.
    "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))


Section 19.08.780    Yard, rear.
    "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))


Section 19.08.790    Yard, side.
    "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))


Section 19.08.800    Zoning officer.
    "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:
19.12.010    Interpretation.
19.12.020    Enforcement.
19.12.030    Enforcement agent.
19.12.040    Zoning officer--Records and reports required.
19.12.050    Zoning officer--Meeting attendance.
19.12.060    Zoning officer--Annual report.

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))


Section 19.12.020    Enforcement.
    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))


Section 19.12.030    Enforcement agent.
    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))


Section 19.12.040    Zoning officer--Records and reports required.
    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))


Section 19.12.050    Zoning officer--Meeting attendance.
    The zoning officer shall attend all meetings of the planning and zoning commission. (Ord. 9-89 (part))


Section 19.12.060    Zoning officer--Annual report.
    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:
19.16.010    Districts designated.
19.16.020    Zoning map.
19.16.030    Delineation of boundaries.
19.16.040    Interpretation of boundaries.
19.16.050    County Shop.
19.16.060    Glenn Addition.
19.16.070    Historic Residential Overlay Boundary

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)


Section 19.16.020    Zoning map.
    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))


Section 19.16.030    Delineation of boundaries.
    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))


Section 19.16.040    Interpretation of boundaries.
    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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Section 19.16.050    County Shop.
    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)


Section 19.16.060    Glenn Addition.
    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)


Section 19.16.070    Historic Residential Overlay Boundary
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.     
           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)



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Section Index


Chapter 19.20

R-A DISTRICT

Sections:
19.20.010    Purpose.
19.20.020    Permitted uses.
19.20.030    Special permit uses.
19.20.040    Accessory uses.
19.20.050    Lot and yard requirements.
19.20.060    Use regulations compliance.
19.20.070    Site plan approval.

Section 19.20.010    Purpose.

    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))


Section 19.20.020    Permitted uses.
    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))


Section 19.20.030    Special permit uses.
    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))


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Section 19.20.040    Accessory uses.
    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))


Section 19.20.050    Lot and yard requirements.

 Main BuildingAccessory Building
A. Minimum lot areaOne Acre- -
B. Minimum front yard40 feet50 feet
C. Minimum side yard, each side20 feet5 feet1
D. Minimum rear yard40 feet5 feet1
E. Minimum corner yard40 feet40 feet
F. Maximum building height260 feet60 feet

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.

    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))


Section 19.20.070    Site plan approval.
    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:
19.22.010    Purpose.
19.22.020    Permitted Uses.
19.22.030    Special Use Permits.
19.22.040    Accessory Uses.
19.22.050    Lot and Yard Requirements.
19.22.060    Use Regulation Compliance.
19.22.070    Site Plan Approval.

Section 19.22.010    Purpose.

    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)


Section 19.22.020    Permitted Uses.
    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)


Section 19.22.030    Special Use Permits.
    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)


Section 19.22.040    Accessory Uses.
    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)


Section 19.22.050    Lot and Yard Requirements.
    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)


Section 19.22.060    Use Regulation Compliance.
    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)


Section 19.22.070    Site Plan Approval.
    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)



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Section Index


Chapter 19.24

R-D DISTRICT

Sections:
19.24.010    Purpose.
19.24.015    Single family residence
19.24.020    Permitted uses.
19.24.030    Special permit uses.
19.24.040    Accessory uses.
19.24.050    Lot yard and density requirements.
19.24.060    Use regulations compliance.
19.24.070    Site plan approval.
19.24.080    Townhouse and duplex regulations.
19.24.090    Single-family zero lot line regulations.
19.24.100    Reduced side yard setback.
19.24.110    Reduced front or rear yard setback.
19.24.120    Unattached garages in conjunction with zero lot line development.
19.24.130    Lot sizes for zero lot line and reduced front or rear yards.
19.24.140    Application of zero lot line and reduced side yard regulations.

Section 19.24.010    Purpose.

    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))


Section 19.24.015    Single family residence

"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

Section 19.24.020    Permitted uses.
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 DENSITIESTable 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-40150 15020040,00040,0001
R-15909014015,00015,0003
R-7.5 - Single Family60751007,5007,5006
R-7.5 - Single Family - Zero Lot Line5265856,5006,5007
R-7.5 - Reduced Side Yard5467856,5006,5007
R-MH - Mobile Home60751006,0006,0007
R-TH - Townhouse2040Must Meet Setbacks for ZoneN/A2,40018, Not to Exceed 50% Coverage/Lot
R-TH - Single Family60751006,0006,0007
R-TH - Single Family - Zero Lot Line4050853,8253,82511.5
R-TH - Reduced Side Yard4252854,0004,00010
R-TH - Duplex4050Must Meet Setbacks for ZoneN/A2,00022, Not to Exceed 30% Coverage/Lot
R-MF - Single Family60751006,0006,0007
R-MF - Single Family - Zero Lot Line4050803,2003,20013
R-MF - Reduced Side Yard4252803,5003,50012.5
R-MF - Duplex4050Must Meet Setbacks for ZoneN/A2,00022, Not to Exceed 30% Coverage/Lot
R-MF - Townhouse2040Must Meet Setbacks for ZoneN/A2,40018, Not to Exceed 50% Coverage/Lot
R-MF - Multifamily6075100N/A1,50030
   
 
MINIMUM YARD REQUIREMENTS AND SETBACKSTable 19.24.020B
Zoning District Front Yard
(in Feet)
Side Yard
(in Feet)
Rear Yard
(in Feet)
Corner Yard
(in Feet)
R-4035152535
R-1530102520
R-7.5 - Single Family2582515
R-7.5 - Single Family - Zero Lot Line15/250/1225/150/15
R-7.5 - Reduced Side Yard15/252/1225/151/15
R-TH - Townhouse250/82515
R-TH - Single Family--------
R-TH - Single Family - Zero Lot Line12/250/1225/120/15
R-TH - Reduced Side Yard12/252/1225/122/15
R-TH - Duplex250/8250/15
R-MF - Single Family2081515
R-MF - Single Family - Zero Lot Line12/200/1220/120/15
R-MF - Reduced Side Yard12/202/1225/122/15
R-MF - Duplex200/8200/15
R-MF - Townhouse200/8200/15
R-MF - Multifamily2582015


(Ord. No. 3B-95, Amended, 03/07/95)


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Section 19.24.030    Special permit uses.
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)


Section 19.24.040    Accessory uses.
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)


Section 19.24.050    Lot yard and density requirements.
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.
 
ZoneR-40 R-15R-7.5 R-TH & R-MH R-MF
Front50 5050 5025
Side5 55 55
Rear5 55 55
Corner35 2015 1515
 
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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Section 19.24.060    Use regulations compliance.
    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))


Section 19.24.070    Site plan approval.
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))


Section 19.24.080    Townhouse and duplex regulations.
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)


Section 19.24.090    Single-family zero lot line regulations.
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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Section 19.24.100    Reduced side yard setback.
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))


Section 19.24.110    Reduced front or rear yard setback.
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))


Section 19.24.120    Unattached garages in conjunction with zero lot line development.
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))


Section 19.24.130    Lot sizes for zero lot line and reduced front or rear yards.
    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))


Section 19.24.140    Application of zero lot line and reduced side yard regulations.
    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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Section Index


Chapter 19.28

C-1 DISTRICT

Sections:
19.28.010    Purpose.
19.28.020    Permitted uses.
19.28.030    Special permit uses.
19.28.040    Accessory uses.
19.28.050    Lot and yard requirements.
19.28.060    Use regulations compliance.
19.28.070    Reduced Lot and Yard Requirements within the Historic Downtown Area.

Section 19.28.010    Purpose.

    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))


Section 19.28.020    Permitted uses.
    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)


Section 19.28.030    Special permit uses.
    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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Section Index

Section 19.28.040    Accessory uses.
    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)


Section 19.28.050    Lot and yard requirements.
    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)


Section 19.28.060    Use regulations compliance.
    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))


Section 19.28.070    Reduced Lot and Yard Requirements within the Historic Downtown Area.
    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:
19.32.010    Purpose.
19.32.020    Permitted uses.
19.32.030    Special permit uses.
19.32.040    Accessory uses.
19.32.050    Lot and yard requirements.
19.32.060    Use regulations compliance.
19.32.070    Site plan approval.

Section 19.32.010    Purpose.

    The purpose of this district is to provide for highway oriented business development at appropriate locations in the city. (Ord. 9-89(part))


Section 19.32.020    Permitted uses.
    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)


Section 19.32.030    Special permit uses.
    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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Section 19.32.040    Accessory uses.
    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)


Section 19.32.050    Lot and yard requirements.
    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)


Section 19.32.060    Use regulations compliance.
    Use of land in this district shall also conform to the provisions of Chapter 19.40. (Ord. 9-89 (part))


Section 19.32.070    Site plan approval.
    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:
19.36.010    Purpose.
19.36.020    Permitted use.
19.36.030    Special permit uses.
19.36.040    Accessory uses.
19.36.050    Yard and height requirements.
19.36.060    Use regulations compliance.
19.36.070    Site plan approval.

Section 19.36.010    Purpose.

    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))


Section 19.36.020    Permitted use.
    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)


Section 19.36.030    Special permit uses.
    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))


Section 19.36.040    Accessory uses.
    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))


Section 19.36.050    Yard and height requirements.
    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)


Section 19.36.060    Use regulations compliance.
    Use of land in this district shall also conform to the provisions of Chapter 19.40. (Ord. 9-89 (part))


Section 19.36.070    Site plan approval.
    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:
19.40.010    Regulations supplemental.
19.40.020    Placement of accessory uses and structures.
19.40.030    Lot area, width and coverage.
19.40.040    Height.
19.40.050    Fences.
19.40.060    Through lots.
19.40.070    Corner clearance.
19.40.080    Stripping of topsoil.
19.40.090    Undeveloped space or tract.
19.40.100    Sidewalks.
19.40.110    Livestock.
19.40.120    Gross floor area.
19.40.130    Public garages and filling stations.
19.40.140    Private swimming pools.
19.40.150    Site plan approval.
19.40.160    Special design standards.
19.40.170    Drainage.
19.40.180    Sanitation and water supply.
19.40.190    Home occupation conditions.

Section 19.40.010    Regulations supplemental.

    This chapter contains general regulations applying to districts and uses. (Ord. 9-89 (part))


Section 19.40.020    Placement of accessory uses and structures.
    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)


Section 19.40.030    Lot area, width and coverage.
    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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Section 19.40.040    Height.
    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))


Section 19.40.050    Fences.
    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)


Section 19.40.060    Through lots.
    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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Section 19.40.070    Corner clearance.
    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))


Section 19.40.080    Stripping of topsoil.
    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))


Section 19.40.090    Undeveloped space or tract.
    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))


Section 19.40.100    Sidewalks.
    Combination curb, gutter and sidewalks shall be built according to city construction standards. (Ord. 9-89 (part))(Ord. 11-2007, Amended, 11/06/2007)


Section 19.40.110    Livestock.
    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))


Section 19.40.120    Gross floor area.
    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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Section 19.40.130    Public garages and filling stations.
    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))


Section 19.40.140    Private swimming pools.
    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))


Section 19.40.150    Site plan approval.
    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))


Section 19.40.160    Special design standards.
    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))


Section 19.40.170    Drainage.
    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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Section 19.40.180    Sanitation and water supply.
    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))


Section 19.40.190    Home occupation conditions.
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:
19.44.010    General regulations.
19.44.020    Plan approval required.
19.44.030    Facilities required--New construction.
19.44.040    Facilities required--Existing structures and uses.
19.44.050    Variance to off-street parking requirements.
19.44.060    Location of parking.
19.44.070    Design standards.
19.44.080    Drainage, surfacing and maintenance standards.
19.44.090    Loading and unloading space.

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))


Section 19.44.020    Plan approval required.
    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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Section 19.44.030    Facilities required--New construction.
    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
UsesRequired 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, private1 per 250 square feet of floor space
Automobile sales and/or service garages1 for each 400 square feet of floor area
Banks or professional offices1 for each 250 square feet of floor
Bowling alleys5 for each alley
Churches, funeral homes and mortuaries1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
Community buildings and social halls1 for each 200 square feet of floor area
Dancehalls, swimming pools, clubs, lodges and other similar places and commercial buildings1 for each 200 square feet of floor area or of water area in swimming pool
Drive-in restaurant or stand1 for each 500 square feet of floor area
Driving ranges and miniature golf1 for each tee
Food supermarkets1 for each 200 square feet of floor area
Furniture or appliance stores1 for each 200 square feet of floor area
Hospitals, nursing and convalescing homes1 for each three beds, plus 1 for each employee
Hotels, motels, tourist homes, boarding and loading houses1 space for each 1,000 square feet of floor area plus one for each guestroom
Manufacturing plants, research or testing plants2 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area
Medical and dental offices5 spaces for each doctor and dentist
Mixed usesTotal requirements shall be the sum of the requirements of the component uses computed separately
Mobile homes2 per unit
Passenger terminal1 for each 250 square feet of floor area
Professional office in a residential building1 per 200 square feet of floor space used
Restaurants, beer parlors and nightclubs1 for each 2.5 seats
Retail stores and shops1 per 200 square feet of floor area
Roller skating rinks1 for each 500 square feet of floor area
Roominghouses1 for each bedroom
Schools, elementary and junior high2 spaces in addition to required spaces for auditorium
Schools, senior high5 per classroom in addition to required spaces for auditorium
Service stations2 for each service bay
Enclosed shopping centers1 per 350 square feet of total square feet exceeding 50,000 square feet
Single-family dwellings, town-houses and rowhouses2 per housing unit
Sports arenas, auditoriums, theaters, assembly halls1 for each 3.5 seats (bench capacity computed at 1 seat for each 20 inches)
Trailer sales or auctions1 for each 2,500 square feet of lot area
Video arcades1 for every amusement game
Wholesale establishments or warehouse1 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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Section Index

Section 19.44.040    Facilities required--Existing structures and uses.
    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))


Section 19.44.050    Variance to off-street parking requirements.
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)


Section 19.44.060    Location of parking.
    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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Section 19.44.070    Design standards.
    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)
9010182424
609.5181820
459181520
308.5171220


*    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)


Section 19.44.080    Drainage, surfacing and maintenance standards.
    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))


Section 19.44.090    Loading and unloading space.
    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:
19.48.010    Purpose.
19.48.020    Applicability.
19.48.030    Permits required.
19.48.040    Signs exempted from regulation.
19.48.050    Prohibited signs.
19.48.060    Size regulation.
19.48.070    Computation of area and heights.
19.48.080    Signs in residential districts.
19.48.090    Signs requiring engineering.
19.48.100    Off-premise outdoor advertising signs.
19.48.110    Temporary signs.
19.48.120    Portable signs.
19.48.130    Signs in the public right-of-way.
19.48.150    Height exception for freeway-oriented signs.
19.48.160    Design and construction.
19.48.170    Maintenance.
19.48.180    Unsafe or abandoned signs declared a nuisance.
19.48.190    Alteration of nonconforming signs.
19.48.200    Plan review information.
19.48.210    Master sign permit.

Section 19.48.010    Purpose.

    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))


Section 19.48.020    Applicability.
    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))


Section 19.48.030    Permits required.
    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)
(Ord. 08a-2008, Amended, 08/19/2008)


Section 19.48.040    Signs exempted from regulation.
    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)


Section 19.48.050    Prohibited signs.
    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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Section 19.48.060    Size regulation.
    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 SPECIFICSZONE
 R-40, R-15, R- 7.5R-A, R-MH,
R-TH, R-MF
INSTITUTIONAL(a)C-1C-2INDUSTRIAL
Free Standing 
Area ( Sq.Ft. )43060100300300
Height551224(b)50/100(b&c)35(b)
Clearance888888
Setback(d)55551010
Number Permitted Per Lot1N/A1N/AN/AN/A
Per Feet of Street FrontageN/A1/200(f)N/A1/200(f)1/200(f)1/200(f)
Building(e) 
Area ( Sq.Ft. )430N/AN/AN/AN/A
Percentage of Wall AreaN/AN/A15%20%25%25%
Number Permitted112222

(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)


Section 19.48.070    Computation of area and heights.
    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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Section 19.48.080    Signs in residential districts.
    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)


Section 19.48.090    Signs requiring engineering.
    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)


Section 19.48.100    Off-premise outdoor advertising signs.
    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)


Section 19.48.110    Temporary signs.
    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)


Section 19.48.120    Portable signs.
    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))


Section 19.48.130    Signs in the public right-of-way.
    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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Section 19.48.150    Height exception for freeway-oriented signs.
    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)


Section 19.48.160    Design and construction.
    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))


Section 19.48.170    Maintenance.
    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))


Section 19.48.180    Unsafe or abandoned signs declared a nuisance.
    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)


Section 19.48.190    Alteration of nonconforming signs.
    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)


Section 19.48.200    Plan review information.
    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))


Section 19.48.210    Master sign permit.
    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:
19.52.010    Unlawful uses not permitted.
19.52.020    Continuation of Non-Conforming Uses.
19.52.025    Variance From Amortization Schedule or Substitution Of Use.
19.52.030    Restoration.
19.52.040    Extension.
19.52.050    Termination.
19.52.060    Repairs and maintenance.

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))


Section 19.52.020    Continuation of Non-Conforming Uses.
    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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Section 19.52.025    Variance From Amortization Schedule or Substitution Of Use.
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)


Section 19.52.030    Restoration.
    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))


Section 19.52.040    Extension.
    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))


Section 19.52.050    Termination.
    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))


Section 19.52.060    Repairs and maintenance.
    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:
19.56.010    Required.
19.56.020    Application and fees.
19.56.030    Hearing.
19.56.040    Determination required.
19.56.050    Records.
19.56.060    Appeals.
19.56.070    Revocation

Section 19.56.010    Required.

    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))


Section 19.56.020    Application and fees.
    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)


Section 19.56.030    Hearing.
    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))


Section 19.56.040    Determination required.
    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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Section 19.56.050    Records.
    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))


Section 19.56.060    Appeals.
    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))


Section 19.56.070    Revocation,
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:
19.60.010    Purpose.
19.60.020    Application and fees.
19.60.030    Lot area and yards.

Section 19.60.010    Purpose.

    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))


Section 19.60.020    Application and fees.
    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)
(Ord. 08a-2008, Amended, 08/19/2008)


Section 19.60.030    Lot area and yards.
    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:
19.76.010    Hearings of Appeals.
19.76.020    Filing an Appeal.
19.76.030    Stays.
19.76.040    Variances.
19.76.050    Review of Decisions.
19.76.060    Fees.

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)


Section 19.76.020    Filing an Appeal.
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)


Section 19.76.030    Stays.
    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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Section 19.76.040    Variances.
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)


Section 19.76.050    Review of Decisions.
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)


Section 19.76.060    Fees.
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)
(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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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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