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A use control area shall be and is hereby established within the town limits within the real property boundaries as described in Exhibit A and as more specifically delineated on the map, designated as Exhibit B, both of which exhibits are attached to the ordinance codified herein, on file in the office of the Town Clerk-Treasurer, which are incorporated herein by this reference.
(Prior Code, § 5-2-1) (Ord. 350, passed 3-1-2007)
The following uses shall be prohibited in the specifically described use control area (hereinafter UCA):
(A) Animal shelter, animal treatment or care facility, kennel;
(B) Construction of new buildings for permitted uses within the UCA without consideration of the potential of subsurface vapor intrusion;
(C) Daycare;
(D) Food processing facility;
(E) Greenhouse, plant nursery (except in situations where greenhouse or nursery cultivated plants are grown in clean soil imported to the site for which there is no reasonable possibility of root penetration into contaminated soils on the site);
(F) Hospital or hospice;
(G) Hotel or motel;
(H) Hunting or trapping;
(I) Jail or detention center;
(J) Nursing home;
(K) Residential;
(L) School; and
(M) Water well drilling terminating in the uppermost aquifer.
(Prior Code, § 5-2-2) (Ord. 350, passed 3-1-2007) Penalty, see § 5-2-5
A certified copy of this chapter shall be placed of record in the office of the County Clerk and ex officio register of deeds of the county, placing the specified usage limits upon the real estate located within the town limits and as indicated on the map attached as Exhibit B to the ordinance codified herein and specifically described in the legal description attached as Exhibit A to the ordinance codified herein, but only these portions of Exhibits A and B located within the town limits. These prohibited uses are to run with the land and shall be binding on all parties and all persons claiming under them within the town limits in perpetuity, unless removed by ordinance passed by the Town Council in and for the town.
(Prior Code, § 5-2-3) (Ord. 350, passed 3-1-2007)
(A) Enforcement authority; correction of violations.
(1) Each and every resident of the town, the town itself by and through the Town Council, or the Sinclair Wyoming Refining Company or its successors or assigns shall have the right and authority to enforce compliance with the UCA requirements contained herein by applying for injunctive relief in a court of competent jurisdiction.
(2) Upon the initiation of any prohibited use, a written notice of such violation shall be directed by the town to the violator who shall then have ten days after receipt of said notice to correct the violation, by ceasing the prohibited use. If said violation is not so corrected, then each and every resident of the town, the town itself by and through the Town Council or the Sinclair Wyoming Refining Company or its successors or assigns may apply for injunctive relief, in addition to municipal misdemeanor charges which may be initiated by the town. The violator shall further be liable for all costs and attorney fees incurred in enforcing compliance with this chapter.
(3) In the event suit is required to enjoin the violation of any of the requirements contained herein, violator(s), in addition to any of the other penalties provided herein or which may be assessed by a court, shall be jointly and severally liable for all attorney fees and costs incurred in bringing such action and enforcing this chapter.
(B) Civil enforcement. Civil enforcement shall be by proceeding for injunctive relief against any person violating or attempting to violate any prohibited use, to restrain violation thereof.
(Prior Code, § 5-2-4) (Ord. 350, passed 3-1-2007) Penalty, see § 5-2-5
Every person convicted of violating any provisions of this chapter shall be subject to the penalties imposed by the general penalty provisions contained in § 1-4-1. The same shall apply for each separate day of a violation hereof.
(Prior Code, § 5-2-5) (Ord. 350, passed 3-1-2007)