Pursuant to Wyoming Statutes section 15-1-608, the Planning and Zoning Board, in their capacity as the Board of Adjustment, is authorized to hear and decide special exemptions from the terms of this title, as specified herein. It is the intent of these special exemption provisions to provide necessary flexibility in this chapter without requiring applicants to provide proof of hardship. Special exemptions may be entirely appropriate but not at every location or without conditions being imposed by reason of special problems the use presents. The Planning and Zoning Board may grant those special exceptions that are reasonable and harmless deviations from this title as determined by the following standards and procedures:
A. Application Procedures:
1. Optional Pre-Application Conference With Planning And Zoning Board: The pre-application conference is optional and is scheduled at the applicant's request. The conference allows the applicant to obtain information regarding the special exception process and to identify likely concerns regarding the proposal. No application fee is required and the Planning and Zoning Board takes no formal action or decision concerning the proposal.
2. Filing Of Applications:
a. Application Contents: The application for a special exemption shall include the following information:
(1) The proposed use or project;
(2) A plot plan showing the major details of the proposal such as location of buildings and structures, parking areas, means of vehicular access, signs, landscaping, fencing and screening, easements, utilities and pedestrian areas;
(3) A time schedule for development, if applicable;
(4) Such other information as the board shall by rules of practice require; and
(5) Any other information the applicant believes will support the request.
b. Filing Period: Applications shall be filed at least twenty one (21) days prior to the anticipated date of public hearing.
3. Payment Of Application Fees: At the time the application for a special exemption is submitted to the City, the application fee, as set by resolution of the City Council, shall be paid by the applicant.
4. Notice Of Public Hearing:
a. Public Hearing: The board shall conduct a public hearing to obtain information pertaining to the request and the appropriateness of the special exemption. Proper notice of the hearing is prerequisite to conducting the public hearing.
b. After receipt of a complete application, the City Planner shall cause the applicant to provide notice of the public hearing. Notice of a public hearing shall be given at least ten (10) days prior to the hearing by publication in the City's official newspaper and by USPS first class mail to the owners of all properties within one hundred forty feet (140') of the subject property. The notices must identify the date, time, location, and purpose of the public hearing. The property owner list shall be based on the ownership data from the Park County Map Server Program (or equivalent) on the day of application.
c. The person sending the notices by mail shall complete an affidavit of mailing which identifies the document, the property owners to which it was sent, and the date mailed.
d. The City Planner is granted authority to require or perform optional notice to inform other property owners, lessees, utility providers, or others that may be affected by the exemption, of the public hearing. Optional notice is not subject to the ten (10) day requirement, may take any form, and is completely discretionary. Optional notice, or lack thereof, shall not be grounds for appeal.
B. Applicability: Applicants may request, and the Planning and Zoning Board may consider, special exemptions from certain numerical specifications and for uses that are similar to permitted uses as specified below:
1. Exemption From Numerical Specifications: The following types of numerical standards may be waived or modified by special exemption:
a. Hour of business operation limits in D-1 District;
b. Any of the dimensional standards of the zoning districts, except those establishing density, minimum lot area, and number of main buildings on a lot (exceptions to those standards requires a variance). Examples of dimensional standards are setbacks, height limits, lot coverage, and dwelling size requirements;
c. Supplemental development standards identified as eligible for special exemption;
d. Parking standards of chapter 16 of this title;
e. Sign standards;
f. Other numerical specifications not specifically listed above, provided approval of the special exemption would not be tantamount to rezoning the subject property, or conflict with the classification method of the supplemental development standards.
2. Exemption For Use Similar To Permitted Uses: Special exemptions may be granted to allow uses not listed in this title when the Planning and Zoning Board determines that such use is similar to a permitted use within the zoning district of the subject property. The determination on similarity shall be made in consideration of the size, intensity, noise, traffic, burden on infrastructure, and purposes of the use in question.
3. Relation To Rezoning, Planned Unit Development And Variances: The Planning and Zoning Board shall not approve a special exemption application when the application would be more properly considered as a rezoning, planned unit development, or variance application.
C. Planning And Zoning Board Decision:
1. Public Hearing Procedures: The Chairperson of the Planning and Zoning Board shall conduct the public hearing in accordance with the board hearing rules, if any have been adopted. In addition, City staff shall have any opportunity to present the application and any staff reports and recommendations to the board. The applicant and those favoring the application shall follow and be allowed to speak and present any information to the board. Opponents shall then be allowed to speak and present information to the board. The board shall have the opportunity to question any speaker or ask any speaker to answer or respond to questions posed by other speakers.
2. Approval Standards: No special exemption shall be approved unless the Planning and Zoning Board finds:
a. The special exemption will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties;
b. The special exemption is designed to be compatible with adjacent land uses and the area or neighborhood;
c. The special exemption is the minimum deviation from the specifications of this title necessary and adequate for the proposed activity, structure or use;
d. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue other than a special exemption;
e. Adequate services and infrastructure are or will be available to serve the proposed activity, structure or use; and
f. The special exemption is consistent with the goals, policies and future land use map of the master plan.
3. Conditions: In approving a special exemption, the Planning and Zoning Board may impose any reasonable conditions or modifications pertaining to operational or physical features of the proposal to ensure conformance with the approval standards of subsection C2 of this section. The board is further authorized to set time limits for renewal or expiration of special exemptions and to require financial guarantees, such as a performance bond or irrevocable letter of credit, to ensure completion of required improvements.
4. Time Limit For Decision: The Planning and Zoning Board shall make a decision within thirty (30) days of the public hearing. This time limit may be extended with the consent of the applicant.
5. Record Of Decision: The Planning and Zoning Board decision shall be set forth in the board minutes, specifying the name of the applicant, the property address or legal description, the exact nature of the special exemption, and any added conditions, modifications, requirements or limitations.
6. Terms Of Approval Or Special Approval; Limits On Modification Of Use Or Structure: No activity, use or structure allowed by a special exemption may be modified, increased in intensity or extent, structurally enlarged, or expanded in land area, unless:
a. Such is specifically allowed by terms of the approval; or
b. The Planning and Zoning Board so amends the exemption following the procedures applicable to new applications for special exemptions.
7. Duration: Duration shall be one (1) of the following:
a. In the event the Planning and Zoning Board limits the duration of the special exemption, the exemption shall not run with the land and renewal shall be required at the time specified in the board decision.
b. In the event the Planning and Zoning Board does not limit the duration of special exemption, the exemption shall run with the land and the current property owner shall be responsible for compliance with the terms of approval. Said exemption shall be recorded in the Office of the Park County Clerk at the expense of the applicant within ten (10) days of the granting of the special exemption, or as otherwise specified by the board.
8. Expiration: If activities allowed by special exemption have not been established within one (1) year of the approval or have ceased to occur for at least one (1) year after having been established, the exemption shall expire and not resume unless an application is filed and approved in accordance with the procedures for review of new special exemptions.
9. Revocation For Noncompliance: The Planning and Zoning Board shall have continuing jurisdiction over all special exemptions and may revoke, modify or suspend the approval of the special exemption, after a public hearing and notice given in the same manner as for new applications, under the following conditions:
a. The exemption was obtained by fraud or misrepresentation, or the public hearing had inadequate notice;
b. The exemption has been exercised contrary to the conditions of approval; or
c. The activity, structure or use permitted by the exemption has been exercised so as to be detrimental to the public health, safety or welfare, or as to constitute a nuisance.
10. Other Legal Remedies: In cases of noncompliance with the conditions of approval for special exemptions, the City may elect any other remedy provided by law for violations of this chapter. In cases warranting immediate abatement, the City may pursue such other legal remedies without delay and it shall not be necessary for the Planning and Zoning Board to have first revoked the exemption. (Ord. 2017-02, 3-7-2017)