TITLE 10
ZONING REGULATIONS
ZONING REGULATIONS
CHAPTER 1
GENERAL PROVISIONS
GENERAL PROVISIONS
SECTION:
10-1-1: Title
10-1-2: Scope And Purposes
10-1-3: Compliance Required; Review Authority Delegated to City Planner
10-1-4: Rules Of Interpretation
10-1-5: Enforcement
10-1-6: Processing Fees, Notice Costs, And Refunds
10-1-7: Districts Established
10-1-8: Zoning Lots
This title is in pursuance of the authority conferred by Wyoming Statutes sections 15-1-601 through 15-1-611, and shall apply to all properties and developments within the Cody City limits, except those that are federally exempted.
The purpose of this title is to promote the health, safety, morals and general welfare of the inhabitants of the City by:
A. Preserving the character of the City of Cody and its neighborhoods;
B. Conserving the value of buildings;
C. Encouraging the most appropriate use of land;
D. Encouraging compatible uses within the neighborhoods or districts;
E. Lessening congestion in the streets;
F. Securing safety from fire, panic and other dangers;
G. Ensuring provisions for adequate light and air;
H. Preventing the overcrowding of land;
I. Avoiding undue concentration of population; and
J. Facilitating adequate provisions for transportation, water, sewerage, schools, parks and other public requirements.
This title is implemented in accordance with the City of Cody Master Plan (aka Comprehensive Plan). (Ord. 2017-02, 3-7-2017)
A. Compliance Required: No land shall be used, or structure constructed, except in accordance with the regulations and requirements of this title, including the requirement to obtain applicable approvals and permits prior to the development of the property. No application for the development of land shall be approved unless the application is determined to be in conformance with the requirements of this title and all applicable development regulations, including any standards, plans or policies that have been adopted by the City so as to have a regulatory effect. All development applications filed on or after the effective date of this title, as initially adopted and subsequently amended, whether for new development or for the expansion or alteration of existing development, shall be processed in accordance with the standards, requirements and procedures established herein.
B. Review Authority Delegated to City Planner: Notwithstanding any language in City of Cody Code Sections 9-2-2
, 9-2-3
, 10-10B-4
, 10-10C-5
, and 10-10E-3
that otherwise requires the Planning and Zoning Board to review site development plans, architectural plan compatibility, landscaping plans, or downtown sign district applications, the City Planner is granted authority to review and approve applications to the Planning and Zoning Board for such proposals in the instances listed below; provided, the proposal clearly complies with all applicable standards and purposes of the City of Cody Code, including demonstrating architectural compatibility, suitably addressing all site plan conditions (e.g. vehicle access location and design, parking, drainage, storm water retention, snow storage, lighting methods and intensity, utilities, fire protection and access, waste and recycling collection, ADA site requirements, pedestrian facilities, setbacks, buffers, easement restrictions, screening requirements, natural hazards, outdoor use areas, outstanding frontage improvements, and landscaping), and avoiding or reasonably mitigating any potential significant negative impact(s) to neighboring properties and public infrastructure that would otherwise occur due to the configuration and design of the proposed site plan improvements.
1. Exterior renovations to existing structures, placement of new accessory buildings, and additions to existing structures of up to twenty percent (20%) of the gross floor area of the structure, when the land use is classified as a permitted use and the structure is not a commercial building in the downtown architectural district;
2. Minor modifications to components of a previously approved site plan (including landscape plan) due to either #i above, or independently if no building is being placed or expanded;
3. Construction of residential land uses in commercial and light industrial zoning districts, but not including new mobile home parks or mixed-use buildings; and,
4. Downtown sign district applications only requiring Board evaluation pursuant to City of Cody Code section 9-2-2
.
Nothing herein prevents the City Planner from forwarding an application to the Planning and Zoning Board for review due to a need to interpret or resolve a question as to whether a provision of the City code is met. Decisions of the City Planner are subject to review pursuant to 10-4-3
(C)(1). Application forms and fees for reviews that are conducted by the City Planner are the same as if the proposal were reviewed by the Planning and Zoning Board. (Ord. 2017-02, 3-7-2017; amd. (Ord. 2021-01, 2-16-2021)
In interpreting the language of this title, the rules set out in this section shall be observed unless the interpretation would be inconsistent with the express language of this title.
A. Minimum Requirements: In interpreting and applying the provisions in this title, they shall be held to be the minimum requirements for the protection of health, safety, morals, comfort, convenience or the general welfare. In case of conflict between this title and any other laws that exercise control over the same feature, the more stringent regulation shall apply.
B. Meaning And Intent: All provisions, terms, phrases and expressions contained in this title shall be liberally construed in order to carry out the intent of the Governing Body. Words and phrases shall be construed according to the common and approved usage in the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that meaning. Such terms, words, and phrases used in this title, when defined herein or elsewhere in this Code, shall have the meaning noted. Terms, words and phrases not defined by this Code shall have the meanings prescribed by Wyoming Statutes for the same terms, when defined therein. Any term, word or phrase not specifically defined or prescribed in this Code or Wyoming Statutes shall have the ordinary meaning ascribed to it in a dictionary of common usage.
C. Text Controls: In case of any conflict between the text of this title and any figure or table, the text shall control.
D. Computation Of Time: The time within which an act is to be performed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, legal holiday or other day that the City offices are officially closed to the public, that day shall be excluded. The following time-related words shall have the meanings ascribed below:
"Day" means a calendar day unless otherwise stated. "Week" means seven (7) calendar days. "Month" means one (1) calendar month. "Year" means a calendar year, unless a fiscal year is indicated.
E. Other Clarifications:
1. Headings: The headings contained in this title are for convenience only and do not limit or modify the intent or meaning of the provisions.
2. Tense: Unless clearly indicated to the contrary, words used in the present tense shall include the future, words used in the plural shall include the singular, words used in the singular shall include the plural, and words of one (1) gender shall include the other.
3. Use Of Certain Words: The words "shall", "must", and "will" are always mandatory. The words "may" and "should" are discretionary.
4. Written Information: References to "written" information shall mean any representation of words, letters or figures whether by printing or other form or method of writing.
5. Conjunctions: Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:
"And" indicates that all connected items or provisions apply; and
"Or" indicates that the connected items or provisions may apply singularly or in any combination.
F. Private Covenants Or Deed Clauses: No provision of this title is intended to interfere with or abrogate or annul any easement, private covenants, deed restriction or other agreement between private parties. In cases in which this title imposes a greater restriction upon the use of land or structures, the provisions of this title shall prevail and control. The City has no power or authority to enforce private deed covenants, conditions or restrictions to which it is not a party. Private covenants or deed restrictions which impose conditions more restrictive than those imposed by this title, or which impose restrictions not covered by this title, are not implemented nor superseded by this title.
G. Limitations On City Action: The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code shall not be construed to be a permit for, or an approval of, any violation of any provisions of this title or any amendments thereto, or of any other law. No permit, approval, representation, action or inaction on the part of a City officer or employee which purports, or could be interpreted, to authorize the violation or cancellation of any of the provisions of this title shall limit the City's authority to enforce the provisions of this title or any other provision of this Code. Any permit, license or other approval which is issued in error in conflict with this title is voidable by order of the City.
H. Other Permits: Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to building permits; plumbing, electrical, or mechanical permits; grading permits; or any permit, approval, or entitlement required by other titles of this Code, other political subdivisions of the State of Wyoming, or agencies of the State of Wyoming.
I. Other Limitations: No provision in this title amounts to a guarantee, warranty or promise that any particular type of construction will be free from defect, will perform in a certain manner, or will be exempt from other legal requirements applicable thereto. The issuance of a permit, or the inspection or approval of any permit, plans or work under this title, shall in no way constitute a guarantee, warranty or promise that any particular material, labor or construction will be free from defect, or perform in a certain manner, or will be durable, safe or fit for a particular purpose or use. Compliance with this title is not intended to substitute for the performance of any private duty, nor to reduce or eliminate any private liability on the part of an owner, developer or permittee.
J. Severability: If for any reason any part, section, subsection, sentence, clause or phrase of this title, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this title. (Ord. 2017-02, 3-7-2017)
A. General:
1. Purpose: Enforcement of the provisions of this title shall be pursued in order to provide for its effective administration, to ensure compliance with any condition of development approval, to promote the City’s planning efforts, and to protect the public health, safety and general welfare.
2. Responsibility: The provisions of this title and any conditions of development approval which have been imposed thereunder may be enforced by the City Administrator, City Planner, City Building Official, City Code Enforcement Officer, City Police Department, and any other City officer or employee designated by the City Administrator to do so. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this title shall be subject to the remedies and penalties set forth in this title. A building permit, certificate of occupancy, sign permit, subdivision, and other land development application may be denied for failure to comply with this title, including any condition or standard imposed on any application granted under this title.
3. Stop Work Order: A “stop work order” may be issued by any of the persons identified in subsection A2 of this section with respect to any construction, change of use, activity, advertisement, and occupancy which is in violation of this title or in violation of any condition which has been imposed on a permit or other approval under this title. The “stop work order” shall identify the property location, briefly describe the reason for the stop work order, be signed and dated by the individual issuing the order, and contain information on how to contact the Community Development Department about the apparent violation.
B. Violations: Pursuant to Wyoming Statute section 15-1-610, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this title or other regulation made under its authority, the proper authorities of the City, in addition to other remedies prescribed by ordinance, may institute any appropriate action to prevent the violation; the occupancy of the building, structure or land; or, any illegal act, conduct, business or use in or about the premises.
1. Misdemeanor: A violation of this title, or any permit issued in accordance therewith, whether such violation was caused by disobedience, omission, neglect, or refusal to comply, constitutes a misdemeanor, as follows:
a. It is unlawful for any person, whether acting as a principal, agent or employee, to violate any provision of this title, or of any condition or requirement imposed upon any permit or authorization granted hereunder, including but not limited to those specified in a conditional use permit, site development authorization (plan review), special exemption, variance, administrative deviation, home occupation permit, sign permit, or a temporary use permit.
b. It is unlawful for the owner, general agent, lessee or tenant of a building or premises or for any other person to cause, permit or assist in the occurrence or commitment of a violation of any provision of this title, or of any condition or requirement imposed upon a permit or authorization granted hereunder, including but not limited to those specified in a conditional use permit, site development authorization (plan review), special exemption, variance, administrative deviation, home occupation permit, sign permit, or a temporary use permit.
Upon conviction, said person shall be punished as provided in section 1-4-1 of this Code. Each day that a violation is permitted to exist after notice has been given by a City representative noted in subsection A2 of this section shall constitute a separate offence.
2. Administrative Action: For any violation of this title, or of any approval granted or condition of approval imposed hereunder, the City may pursue administrative action to:
a. Review, modify, suspend, or revoke an approval or permit issued hereunder;
b. Require the discontinuance of a use operating as an illegal use, conditional use or special use under this Code; or
c. As an alternative to requiring discontinuance under subsection B2b of this section, require that a use operating as a conditional use or special use under this Code comply with additional conditions or limitations.
3. Nuisance: Any building or structure set up, erected, built, moved, or maintained or any use of property contrary to the provisions of this title shall be, and is declared to be, unlawful and a public nuisance and the City Attorney shall, upon order of the City Administrator or City Council, immediately commence actions or proceedings for the abatement, removal and enjoinment of it in a manner provided by law and shall take such other steps and shall apply to the court as may have jurisdiction to grant relief to abate or remove the building, structure or use, and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any building or structure, or using any property contrary to the provisions of this title.
4. Remedies Cumulative: All remedies provided herein shall be cumulative and not exclusive.
5. Violations Continue: Any violation of a former version of the Zoning Code, or portion thereof, shall continue to be a violation under this title and be subject to penalties and enforcement under this section, unless the use, development, construction, or other activity complies with the current provisions of this title. (Ord. 2017-02, 3-7-2017; amd. Ord. 2022-20, 12-20-2022)
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