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(A) Continuation of use. Except as provided in this section, the lawful use and location of any building or land existing on the effective date hereof may be continued even though the use or location does not conform to the requirements of this title.
(B) Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming building shall be permitted.
(C) Restoration. A nonconforming building which has been damaged by fire or other natural deterioration may be restored to its original condition, provided the work is commenced within one year of the calamity.
(D) Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be reestablished; any future use shall be in conformance with the provisions of this title.
(E) Extensions. A nonconforming use shall not be increased in area, nor shall a building containing a nonconforming use be extended.
(Prior Code, § 11-2-3) (Ord. 2024-01, passed 4-4-2024) Penalty, see § 11-2-7
(A) Permit required; application.
(1) No building or structure shall be erected, added to, or structurally altered until a permit therefor has been issued by the Town Clerk-Treasurer, in consultation with the Town Building Inspector or substitute as appointed by the Town Council.
(2) All applications for such permits shall be in accordance with the requirements of this title, and, unless upon written order of the Zoning Board or substitute as provided in § 11-2-5(E), no such building permit or certificate of occupancy shall be issued for any building where the construction, addition, or alteration or use thereof would be in violation of the provisions of this title.
(B) Matter accompanying application. There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the building and accessory building to be erected, and such other information as may be necessary to determine and provide for the enforcement of this title.
(C) Payment of fee. One copy of such layout or plot plan shall be returned when approved by the Town Clerk-Treasurer, together with such permit to the applicant upon the payment of the fee provided in the Building Code.
(Prior Code, § 11-2-4) (Ord. 2024-01, passed 4-4-2024) Penalty, see § 11-2-7
(A) Creation, appointment, and organization. A Zoning Board is created. The Board shall consist of no less than three and no more than five members, each to be appointed for a term of three years by the Mayor and with the advice and consent of the Town Council. The first appointment may be for one, two, or three years. The Board shall elect a Chairperson from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs.
(B) Powers and duties. The Zoning Board or its substitute shall have all the powers and duties prescribed by law, including Wyo. Stat. § 15-1-608, and by this title, which are more particularly specified, but not limited, as follows:
(1) Interpretation. Upon appeal from a decision by the Town Clerk-Treasurer or other administrative official, to decide any question involving the interpretation of any provision of this title, including determination of the exact location of any district boundary if there is uncertainty with respect thereto;
(2) Special permits. To issue special permits for any of the uses for which this title requires the obtaining of such permits from the Zoning Board or its substitute as provided in § 11-2-5(E), in granting any special permit, the Board or its substitute shall prescribe any conditions that it deems to be necessary to or desirable for the public interest. However, no such special permit shall be granted by the Zoning Board or its substitute if the Board or its substitute finds that the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and would not be in harmony with the general purpose of this title. In determining its findings, the Board or its substitute shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity; and
(3) Variances. To vary or adapt the strict construction and appliance of this chapter only when the Board or its substitute finds that there are special circumstances or conditions, fully described in its findings, applying to the land or building for which a variance is sought. Such circumstances and conditions must be peculiar to such land and buildings, and not generally applicable to land and buildings in the neighborhood and that they are such as would, upon strict application, deprive the owner of reasonable use of the land or buildings; that the granting of the variance will not be detrimental to the public interest.
(C) Procedure. The Zoning Board or its substitute shall act in strict accordance with the procedure specified in Wyo. Stat. § 15-1-608, and this title.
(D) Appeals. Appeals to the Board or its substitute shall be taken by the person aggrieved or by any officer, department, or board of the town from a final decision of the Town Clerk-Treasurer, or other officer, within 30 days thereof, by filing with the officer and the Board or its substitute a written notice of appeal specifying the grounds thereof.
(E) Zoning Board alternative. In the event the Town Council is unable to appoint members to the Zoning Board in compliance with division (A) above, the Town Council shall assume the powers and duties of the Zoning Board and all appeals shall be to the District Court of the Second Judicial District of the county.
(Prior Code, § 11-2-5) (Ord. 2024-01, passed 4-4-2024) Penalty, see § 11-2-7
(A) Authority to amend. The Town Council from time to time may, on its own motion, or on petition, or on recommendation of the Zoning Board, amend, supplement, or repeal the regulations and provisions of this title.
(B) Report of proposed amendment. Every such proposed amendment or change, whether initiated by the Town Council or by petition, shall be referred to the Town Clerk-Treasurer and Zoning Board for report thereon before a public hearing.
(C) Fix time and place of public hearing. The Town Council, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments.
(D) Amendment or rezoning by property owner. An amendment or rezoning may be initiated by a petition of interested property owners or authorized agents of such owners for rezoning of any land to a less restricted district; provided, that the land is adjacent or directly across a street or alley from property which is proposed to be rezoned.
(Prior Code, § 11-2-6)
(A) Injunctive right. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of the provisions of this title, or in violation of a decision of the Zoning Board or its substitute, the proper authorities, in addition to other remedies which are prescribed by this chapter, shall institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alternation, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.
(B) Penalty. Any person violating the provisions of this title shall be guilty of a general misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provisions contained in § 1-4-1.
(C) Action taken by Town Attorney. It shall be the duty of the Town Attorney to bring the actions provided in divisions (A) and (B) above upon the complaint of the Town Clerk-Treasurer. His or her services shall also be available to the Zoning Board or its substitute, as provided in § 11-2-5(E).
(Prior Code, § 11-2-7) (Ord. 2024-01, passed 4-4-2024)