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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)
A. Payment Of Processing Fee Required: The Governing Body shall establish and maintain a fee schedule for the processing of applications required pursuant to this title. The fee schedule may be adopted by resolution. No application shall be processed without payment of the required fee.
B. Applications Requiring Fees: Applications requiring fees shall include, but not be limited to: site plan reviews, planned unit developments, rezones, text amendments, administrative deviations, special exemptions, conditional use permits, special use permits, variances, sign permits, architectural and landscaping reviews, and any other review conducted by the Planning and Zoning Board.
C. Costs: Costs for publishing public notices in the newspaper and costs for mailing required notices shall be paid by the applicant, and are in addition to the City's processing fee.
D. Withdrawn Applications: Applications that are withdrawn prior to receiving a decision may be eligible for a partial refund as follows. The City Planner shall have the discretion to authorize a partial refund based upon the application fee paid minus the approximate costs of processing the application incurred to date.
E. Refunds: Refunds are not available for applications that have been processed to the point of receiving a decision from the reviewing official. (Ord. 2017-02, 3-7-2017)
A. Adoption Of Official Zoning Map: To bring about the purposes of this title and provide for regulations that are customized to the different character districts and neighborhoods of the City, the City is divided into zoning districts. The boundaries of each zoning district are delineated and shown on the Official Zoning Map of the City of Cody. The Official Zoning Map, together with all notations, references, dimensions, designations and other information shown on the map is adopted and made part of this title by reference. The Official Zoning Map shall be stored, maintained, and kept current by the Community Development Department.
B. Establishment Of Zones:
1. The residential zoning districts established by this title are as follows and shall be known and cited as:
Abbreviated Designation | Zoning District Name |
Abbreviated Designation | Zoning District Name |
RR | Rural Residential |
R-1 | Single Family Residential |
R-2 | Medium-Low Density Residential |
R-2MH | Medium-Low Density Manufactured Home |
R-3 | Medium-High Density Residential |
R-4 | High Density Residential |
MHP | Mobile Home Park |
2. The commercial and industrial zoning districts established by this title are as follows and shall be known and cited as:
Abbreviated Designation | Zoning District Name |
D-1 | Limited Business |
D-2 | General Business |
D-3 | Open Business/Light Industrial |
D-4 | High Tech/Data Processing/Light Manufacturing |
E | Industrial |
HI | Heavy Industrial |
3. The special area zoning districts established by this title are as follows and shall be known and cited as:
Abbreviated Designation | Zoning District Name |
PUD | Planned Unit Development |
4. The overlay districts established by this title are as follows and shall be known and cited as:
Abbreviated Designation | Zoning District Name |
A-O | Airport Overlay |
DA-O | Downtown Architectural Overlay |
DP-O | Downtown Parking Overlay |
E-O | Entry Corridor Overlay |
C. Amendments:
1. No change to the Official Zoning Map shall be authorized without the approval of a rezoning application, which approval shall be in the form of an ordinance approved by the Governing Body.
2. The Official Zoning Map shall show the dates and ordinance numbers of all amendments approved hereafter.
D. Rules For Interpretation Of Zoning District Boundaries: The following presumptions shall apply in determining boundaries of a district as shown on the Official Zoning Map:
1. Where a boundary follows a public street, the centerline of the street shall be the boundary. When there are two (2) or more adjacent streets, the centerline of the street with the higher classification shall be the boundary (e.g., use centerline of highway instead of frontage road).
2. Where a boundary follows a lot line, the lot line shall be the boundary.
3. Where a property is split by a boundary, the boundary shall be determined by the context of the situation when possible, which methods may include, for example: review of the legal description of a former rezone ordinance, the extension of an adjacent property line, the presence of a physical feature such as a canal or stream, a line between two (2) known points, and an elevation contour. When the context is not sufficiently clear to determine the precise location of the district boundary, the boundary shall be determined by scaling the location from the zoning map.
4. Where a public right-of-way is officially vacated or abandoned, the boundary shall automatically be shifted, if necessary, to follow the new property boundary, which is typically, but not always, the former centerline of the vacated right-of-way. (Ord. 2017-02, 3-7-2017)
The City of Cody contains some developments and land uses that encompass multiple lots and parcels, without respect to zoning setbacks, building code regulations, or other development regulations. A property consisting of more than one (1) lot or parcel, which is developed and/or utilized in such a manner as to constitute a single development, of which no individual lot or parcel could be excluded without causing the development to violate an applicable provision of the Building Code, Fire Code, this title, or other adopted City Development Code shall be treated as a single lot for purposes of this title, which lot is termed a "zoning lot". No new zoning lots shall be created, except pursuant to title 11, chapter 6, article B, "Lot Consolidations", of this Code. (Ord. 2017-02, 3-7-2017)