Within the Airport Overlay Zone, the Governing Body is empowered to grant Airport Overlay special use permits (hereinafter special use permit) for specific uses as designated in the affected land use classifications.
The purpose of a special use permit shall be to assure that the maximum degree of land use compatibility shall be attained in the Airport Overlay Zone, to minimize noise impacts of aircraft, and to provide for the protection of public safety and welfare.
A. Approval Required Prior To Development: Any person proposing to develop a special use in the Airport Overlay shall apply for and obtain approval for a special use permit prior to beginning development.
B. Application: The application for a special use permit shall be filed upon the prescribed form with the City Planner, or designee, who shall review it for completeness, and the form shall include:
1. The name and address of the owner and applicant.
2. A legal description and address for site identification.
3. A statement of the precise nature of the proposed use.
4. A site plan showing the relationship of the proposed development to existing streets, structures, open spaces, height and use of each structure, including proposed structures, parking areas and landscaping.
C. Fee: A fee for the filing and processing of applications for all permits required by this section shall be paid at the time an application is submitted. The amount of the fee shall be set forth by the Governing Body, and may be amended or changed by resolution by the Governing Body.
D. Review Procedures Generally: The Yellowstone Regional Airport Board shall have an opportunity to review and make a formal recommendation on proposed special use permits. The Planning, Zoning and Adjustment Board shall then review the application and supporting material. Within ten (10) days after the action of the Planning, Zoning and Adjustment Board, the recommendation shall be transmitted to the Governing Body. Within thirty (30) days following receipt of the Planning, Zoning and Adjustment Board recommendations, the Governing Body shall approve or disapprove the special use permit request by a majority vote of the Governing Body.
E. Public Hearing: Upon receipt of a complete application, the Planning, Zoning and Adjustment Board shall schedule a public hearing and provide adequate notice as follows:
1. Notice To Neighboring Properties: The applicant shall notify by certified mail, return receipt required, all property owners within one hundred forty feet (140') of the perimeter of the subject property (excluding streets and rights-of-way) of the public hearing at least ten (10) days prior to the hearing. The applicant shall submit a list of the notified property owners, a copy of the notification letter, and mail receipts to the City Planner, or designee, for verification of notification. The return receipts (green cards) shall include the City address for direct return of the receipts to the City Planner, or designee (e.g., City Planner, City of Cody, P.O. Box 2200, Cody, WY 82414). The notice shall be in a standard form prescribed by the City Planner, or designee. The notice shall contain a brief description of the application and proposed use, the address or a description of the location, the applicant's name, and the date, time and place of the hearing. The notice shall include a space where the property owner shall be allowed to state whether he or she objects or does not object to the proposed special use permit, and space to explain their objection or lack thereof. The notice shall also describe the other methods by which the recipient may provide input prior to the public hearing, such as by e-mail, or by correspondence delivered to the City Planner, or designee.
2. Published Legal Notice: The applicant shall, at his expense, cause a legal notice to be published in the City's official newspaper at least ten (10) days prior to the hearing in a standard form prescribed by the City Planner, or designee.
3. Decision Of Planning, Zoning And Adjustment Board: Following the public hearing, the Planning, Zoning and Adjustment Board shall recommend to the Governing Body denial of the special use permit, approval of the special use permit, or approval with conditions.
4. Action Of Governing Body: After the Planning, Zoning and Adjustment Board has conducted the public hearing and made its recommendation, the application shall go to the Governing Body at its next regularly scheduled meeting. The Governing Body shall consider the application, along with the recommendation of the Planning, Zoning and Adjustment Board, and shall take action to approve, approve with conditions or reject the application. At the meeting where the Governing Body considers the application, the Governing Body may hear and consider other comments and input from the staff and public.
5. Approval; Recording: If the Governing Body approves the special use permit, the Governing Body shall prepare a recordable document stating that the Governing Body approves the special use permit, the date the special use permit was approved, and stating any conditions, limitations and restrictions imposed on such permit. That document shall be signed by the Mayor, and recorded with the Park County Clerk and Recorder's Office in the real estate records.
F. Nature Of Review: When considering an application for a special use permit, the Planning, Zoning and Adjustment Board and Governing Body shall consider the applicable standards, including the airport obstruction regulations, and may impose specific conditions precedent to establishing the use. Conditions may include, but are not limited to, the following:
1. Limitations upon the proposed use.
2. Stipulation as to the exact location of the proposed use as a means of minimizing noise impacts and aviation obstructions.
3. Requirement that structural features and vegetation be restricted in height.
4. Reduction of site density.
5. Compliance with approved engineering plans and specifications.
6. Requirement for minimum open space.
7. Stipulation that certain uses will be prohibited, specifically:
a. Aboveground storage of flammable materials.
b. Smoke or steam pollution sources and open burning.
c. Radio/transmitting sources which might interfere with aircraft radio/navigation equipment.
d. Any use which would tend to initiate or increase bird population.
e. Aboveground power lines, windmills, towers.
f. Places of public assembly or with high residential densities shall be discouraged.
G. Burden Of Proof Rests With Applicant: In all cases, the applicant must demonstrate compatibility with aviation use and that potential conflicts or negative impacts will be mitigated.
H. Effectiveness Of Special Use Permit:
1. A special use permit approval shall cease effectiveness if the use is not completely developed within two (2) years of the date of approval unless the applicant or owner requests, and the Governing Body provides for, a longer period of effectiveness, based on a finding that the use is a phased development requiring a longer period of development, not to exceed six (6) years, with said phases and time deadlines clearly spelled out in the application.
2. The Governing Body may extend the original approval for one (1) additional year. No later than forty five (45) days prior to the termination of the initial approval period, the City Planner, or designee, shall inform the applicant and owner in writing by mail of the termination date. If the applicant or owner has not submitted to the City Planner, or designee, a written request for extension of the approval period by the termination date, effectiveness of the special use permit shall be invalid, and further development of the project shall immediately cease.
The Governing Body may approve the request for extension if it finds that substantial progress has been made toward completion of the development and that said progress is in compliance with applicable regulations and standards, and any condition that is a part of the special use approval. The Governing Body shall deny the extension request if it finds that substantial progress has not been made on the project.
I. Amendment: A special use permit may be amended in the same manner as required for the approval of the permit.
J. Duration Of Approval: A special use permit shall run with the land; compliance with the conditions of such permit is the responsibility of the current owner of the property, whether that is the original owner or a successor. The use may continue indefinitely, regardless of ownership; provided, that the use or operation is consistent with the permit and conditions of the permit.
K. Reciprocal Requirements: When a zone (i.e., Zone D-3) allows all uses permitted in another zone (i.e., Zone D-2), all Airport Overlay restrictions shall remain applicable in both zones. (Ord. 2017-02, 3-7-2017)