23 - Land Use Zone District Ordinance

CHAPTER 23

LAND USE ZONE DISTRICT ORDINANCE

ARTICLE I. TITLE AND PURPOSE

Sec. 23.1. Title................................................................................................................................................................... 2301

Sec. 23-2. Short Title...................................................................................................................................................... 2301

Sec. 23-3. Declaration of Purpose.............................................................................................................................. 2301

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION

Sec. 23-4. Rules of Construction................................................................................................................................. 2302

Sec. 23-5. Definition of Terms..................................................................................................................................... 2302

ARTICLE III. DISTRICT REGULATIONS

DIVISION 1. CLASSIFICATION AND INTERPRETATION

Sec. 23-6. District Classifications............................................................................................................................... 2308

Sec. 23-7. Interpretation of Zoning Map................................................................................................................. 2309

DIVISION 2. DISTRICTS

Sec. 23-8. Public Use Zone - P..................................................................................................................................... 2309

Sec. 23-9. Single Family Residential - R.................................................................................................................. 2309

Sec. 23-10. Single Family Residential - Ra................................................................................................................. 2310

Sec. 23-11. Single Family Residential - Rb................................................................................................................. 2311

Sec. 23-12. Single Family Residential - Rc................................................................................................................. 2312

Sec. 23-13. Multi-Family Housing - M-1................................................................................................................. 2313

Sec. 23-14. Multi-Family Housing - M-2................................................................................................................. 2314

Sec. 23-15. Multi-Family Housing - M-3................................................................................................................. 2315

Sec. 23-16. Commercial District - C............................................................................................................................... 2316

Sec. 23-17. Commercial Combining District - CB..................................................................................................... 2317

Sec. 23-18. Commercial Neighborhood District - CN............................................................................................. 2318

Sec. 23-19. Commercial Highway District - CH........................................................................................................ 2319

Sec. 23-20. Agricultural Combining District - A....................................................................................................... 2320

Sec. 23-21. Agricultural Holding District - A-1.................................................................................................... 2321

Sec. 23-22. Light Industrial - I-1.................................................................................................................................... 2323

Sec. 23-23. Heavy Industrial - I-2.................................................................................................................................. 2324

ARTICLE IV. GENERAL REQUIREMENTS

Sec. 23-24. Applicability................................................................................................................................................... 2325

Sec. 23-25. Placement of Accessory Uses and Structures..................................................................................... 2325

Sec. 23-26. Height Restrictions...................................................................................................................................... 2326

Sec. 23-27. Yard and Fence Restrictions..................................................................................................................... 2326

Sec. 23-28. Through Lot Restrictions........................................................................................................................... 2327

Sec. 23-29. Corner Clearance Restrictions................................................................................................................. 2327

Sec. 23-30. Livestock Prohibited.................................................................................................................................... 2328

Sec. 23-31. Garages, Filling Stations and Car Washing Facilities...................................................................... 2328

Sec. 23-32. Private Swimming Pool/Hot Tub/Spa/Decorative Pool................................................................ 2328

Sec. 23-33. Off-Street Parking Requirements........................................................................................................... 2329

Sec. 23-34. Required Off-Street Truck Loading Spaces......................................................................................... 2332

Sec. 23-35. Access Driveways.......................................................................................................................................... 2333

Sec. 23-36. Signs................................................................................................................................................................... 2333

Sec. 23-37. Supplemental Sign Regulations.............................................................................................................. 2333

Sec. 23-38. Site Plan Approval as Required for Permitted Uses........................................................................ 2335

Sec. 23-39. Drainage Requirements............................................................................................................................. 2335

Sec. 23-40. Sewage Systems Required........................................................................................................................ 2336

Sec. 23-41. Water Supply Required.............................................................................................................................. 2336

Sec. 23-42. Junk Cars, Trucks and Trailers Prohibited.......................................................................................... 2336

Sec. 23-43. Repealed

ARTICLE V. NON-CONFORMING USES

Sec. 23-44. Unlawful Conforming and Nonconforming Uses and Structures................................................ 2336

Sec. 23-45. Restoration and Alteration....................................................................................................................... 2337

Sec. 23-46. Extension......................................................................................................................................................... 2337

Sec. 23-47. Change of Use................................................................................................................................................. 2337

Sec. 23-48. Termination.................................................................................................................................................... 2337

Sec. 23-49. Repairs and Maintenance.......................................................................................................................... 2337

ARTICLE VI. SPECIAL USE PERMITS

Sec. 23-50. Use and Special Use Permit Requirements......................................................................................... 2338

Sec. 23-51. Procedure........................................................................................................................................................ 2338

ARTICLE VII. PLANNED UNIT DEVELOPMENT

Sec. 23-52. Planned Unit Development Allowed..................................................................................................... 2339

Sec. 23-53. Requirements................................................................................................................................................ 2339

ARTICLE VIII. ADMINISTRATION

DIVISION 1. ZONING BOARD

Sec. 23-54. Zoning Board Established......................................................................................................................... 2340

Sec. 23-55. Powers and Duties........................................................................................................................................ 2340

Sec. 23-56. Liability for Damages.................................................................................................................................. 2343

ARTICLE IX. MISCELLANEOUS

Sec. 23-57. Relation to Other Ordinances................................................................................................................... 2344

Sec. 23-58. Severability..................................................................................................................................................... 2344

Sec. 23-59. Repeal............................................................................................................................................................... 2344

Sec. 23-60. Permit Procedure for Groundwater Wells.......................................................................................... 2344

ARTICLE X. FLOOD DAMAGE PREVENTION

Sec. 23-61. Statutory Authorization............................................................................................................................. 2346

Sec. 23-62. Finding of Fact............................................................................................................................................... 2346

Sec. 23-63. State of Purpose............................................................................................................................................. 2346

Sec. 23-64. Methods of Reducing Flood Losses......................................................................................................... 2347

Sec. 23-65. Definitions....................................................................................................................................................... 2347

Sec. 23-66. Lands to Which This Ordinance Applies.............................................................................................. 2349

Sec. 23-67. Basis For Establishing the Areas of Special Flood Hazard............................................................ 2349

Sec. 23-68. Compliance...................................................................................................................................................... 2349

Sec. 23-69. Interpretation................................................................................................................................................ 2350

Sec. 23-70. Warning and Disclaimer of Liability...................................................................................................... 2350

Sec. 23-71. Establishment of Development Permit................................................................................................ 2350

Sec. 23-72. Designation of the Building Inspector.................................................................................................. 2351

Sec. 23-73. Duties and Responsibilities of the Building Inspector................................................................... 2351

Sec. 23-74. Provisions for Flood Hazard Reduction................................................................................................ 2354

ARTICLE XI. WIND ENERGY

Sec. 23-75. Purpose............................................................................................................................................................. 2357

Sec. 23-76. Findings............................................................................................................................................................ 2357

Sec. 23-77. Definition of Terms....................................................................................................................................... 2357

Sec. 23-78. Design Standards.......................................................................................................................................... 2358

Sec. 23-79 Permit Process................................................................................................................................................ 2359

Sec. 23-80. Abandoned Accessories.............................................................................................................................. 2360

Sec. 23-81. Saving Clause.................................................................................................................................................. 2360

Sec. 23-82. Severability..................................................................................................................................................... 2361

Sec. 23-83. Penalty.............................................................................................................................................................. 2361

CHAPTER 23

LAND USE ZONE DISTRICT ORDINANCE

ARTICLE I. TITLE AND PURPOSE

SECTION 23.1. TITLE.

An ordinance establishing specified land use districts or zones, and to regulate therein, buildings and structures according to their construction and the nature of the extent of their use, and the nature and extent of the uses of land, in the incorporated area of the City of Kemmerer, Wyoming, hereinafter referred to as the city, and providing for the administration and enforcement of the provisions therein contained, including the establishment of The Kemmerer Zoning Board and fixing penalties for the violations thereof and repealing any ordinance or parts of ordinances in conflict with the provisions provided herein.

SECTION 23-2. SHORT TITLE.

This ordinance shall be known and may be cited as "The Kemmerer Zoning Ordinance of 1997".

SECTION 23-3. DECLARATION OF PURPOSE.

This zoning ordinance is adopted for the purpose of promoting the public health, safety, morals, and the general welfare of the community, and to further the following related and more specific objectives:

(a) The guide and regulate the orderly growth, development, and redevelopment of the city in accordance with a comprehensive plan of long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people.

(b) To protect the established character and the social and economic well-being of both private and public property.

(d) To secure safety from fire, panic, and other dangers, and to provide adequate light, air and convenience of access.

(e) To prevent overcrowding of land or buildings, and to avoid undue concentration of population.

(f) To lessen and, where possible, to prevent traffic congestion on public streets and highways.

(g) To conserve the value of buildings and to enhance the value of land throughout the city.

(h) In applying and interpreting the provisions of this ordinance, they shall be held to be minimum requirements.

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION

SECTION 23-4. RULES OF CONSTRUCTION.

In the interpretation of this ordinance, the following rules of construction shall be observed, unless the context clearly requires otherwise:

Words used in the present tense include the future; the singular numbers include the plural, and the plural the singular.

The word "person" includes a profit or non-profit corporation, company, partnership or individual.

The word "shall" is mandatory, and not directory; and the word "may" is permissive.

The word "lot" includes the word "plot".

The word "use" and the word "used" refer to any purpose for which a lot of land or part thereof is arranged, intended, or designed to be used, occupied, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

SECTION 23-5. DEFINITION OF TERMS.

Abandoned: Any use or structure which is not actively pursued, or utilized for its intended purpose during the preceding 180 days. at least 60 days. Failure to open for business or absence of active utility accounts or absence of active efforts to sell the property during the above stated period shall create the presumption of abandonment. Active efforts to sell the property will mean maintaining an active listing with a real estate agency with appropriate signage or, if for sale by owner, signage indicating the availability of the property for sale with a contact telephone number.

Accessory Building: A subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building within the zoning district.

Allowed use: A use which requires no review by the Zoning Board.

Apartment; Two or more independent living units under a single title, to be occupied by individuals or groups of individuals for more than 30 days.

Basement: A floor level which is 4 feet or more below ground level for more than 50% of the perimeter.

Bed and Breakfast: A private home which is used to provide temporary, less than 30 days, accommodations for a charge to the public with not more than 4 lodging units or not more than a daily average of 8 persons per night and which no more than 2 family style meals are served per 24 hour period.

Billboard: Any off premises sign, or any on premises sign which is not used to advertise or identify the business at which the sign is located.

Block: A tract of land or a lot or group of lots, bounded by streets, public parks, parkways, railroad rights‑of‑way, water course, body of water, not subdivided land, or a boundary line or lines of the county or any combination thereof.

Building: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property, including tents, lunch wagons, dining cars, cap cars, trailers and other roofed structure on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the proposed of this definition "roof" shall include an awning or other similar covering, whether or not permanent in nature.

Building, Area of: The horizontal area measured around the outside of the foundation walls and of the floors or roofed porches and roofed terraces inclusive, and including the area of accessory buildings, if any. In the case of split‑level dwellings, the "first floor area" shall be deemed to include floor areas on two (2) non‑overlapping levels, separated by a half‑story, or less, of height.

Communications Antenna: Consistent with federal or state law, any antenna structure which transmits signals, meeting FCC requirements, and which is in excess of 15 feet in height. Government agencies and political subdivisions are exempt from this definition.

Dependent Travel Unit: Means any conveyance designed to be used a temporary or seasonal dwelling which does not have a flush toilet or shower. The unit does contain a water tank. The unit's liquid wastes consist only of "gray water".

Dump: A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, incineration, or any other means for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.

Dwelling Unit: A building arranged, intended or designed to be occupied for residential purposes, which is functionally independent of other units.

Filling Station: A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service such as lubrication, washing and repairs.

Flood Plain: The relatively flat area of low land area that is likely to be inundated by the one hundred (100) year recurrence interval flood, and where such data is not available, the maximum flood on record and shown on the National Flood Insurance Map.

Floor Area: The total horizontal area of a building measured on the outside walls of each story excluding garages, unfinished basements, porches, or cellars.

Garage (Residential Use): A building or part thereof for the storage or parking of one (1) to four (4) vehicles.

Garage, Parking: A garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles is carried on.

Garage, Repair: Any garage other than a private garage or parking garage. A repair garage may include servicing, repairs, washing or reconditioning of motor vehicles and filling station facilities.

Gray Water: Means the liquid waste not containing fecal or other body wastes.

Height of a Structure: The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney or other similar structure.

Home Occupations: Any use customarily conducted within the dwelling or the premises and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character thereof.

Hotel/Motel: A building(s) which contains sleeping rooms designed to be temporarily occupied by individuals or groups of individuals for less than 30 days for compensation.

Independent Travel Unit: Means any conveyance designed to be used as a temporary or seasonal dwelling which has a flush toilet or shower. The unit has a sewage storage tank.

Industry, Non‑Nuisance: Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or

excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards.

Industrial Park: A ground of non‑nuisance industrial plants on a single parcel of land, or on separate parcels continuously arranged, s as to form a planned development of industrial sites, building or buildings.

Junk Yard: A lot, land or structure or part thereof, used primarily for collecting, storage and sale of waste paper, rags, scrap metal or other discarded material; or for the collection, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

Kennel, Commercial: Means any premise in which a person engages in the business, work or hobby of boarding, breeding, buying, letting for hire, training for fee, offering for adoption or selling dogs or cats, including any dwelling or other property maintaining more than four (4) dogs or cats.

Livestock Storage: Means a structure for feeding and/or sheltering of animals.

Lot: A lot parcel of land used or designed to be used by one (1) use or structure, or by a related group of uses or structures, and the accessory uses or structures customarily incident thereto, including such open spaces as are arranged or designed and required in connection with such structure or group of structures. A lot may be or may not be the land shown as a single lot on a duly recorded plat or other official record.

Lot Area: The total square foot area included within lot lines.

Lot corner: A lot at the junction of and fronting on two (2) or more intersecting streets, the angle of intersection being not more than one hundred thirty‑five (135) degrees.

Lot, Depth of: The mean distance between the front lot line and the rear lot line.

Lot Line: Any boundary of a lot. Any lot line not a rear lot line nor a front line shall be deemed a side lot line.

Lot Line, Front: The street line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

Lot Line, Rear: The lot line opposite to the front lot line.

Lot, Through: A lot extending from one (1) street to another.

Lot, Width of: The mean dimension measured at substantially right angles to the depth of the lot.

Manufactured Home: A manufactured mobile home is a factory‑assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit on its (their) own running gear and designed to be used as a dwelling unit(s) with or without a permanent foundation. (Note: A modular or prefabricated home meeting UBC Code transported on temporary wheels is not a manufactured home.)*

Manufactured Home Park: An area occupied on a rental or lease basis by two or more manufactured home units, which are being utilized for dwelling or sleeping purposes.

Medical Office Building: A building used exclusively by physicians and dentists for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.

Medical Treatment Facility: A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified.

Mill: A reducing plant where ore is concentrated and/or metals recovered.

Milling: The grinding or crushing of mineral removed from the earth.

Mining: The process of obtaining mineral from the earth's crust, including both underground excavations and surface working.

Motel/Hotel: A building(s) which contains sleeping rooms designed to be temporarily occupied by individuals or groups of individuals for less than 30 days for compensation.

Multiple Dwelling: Two or more independent living units under a single title, to be occupied by individuals or groups of individuals for more than 30 days.

Net Residential Density: The ratio obtained by dividing the number of dwelling units on a lot by the area (excluding drives, streets and required open space) of the lot expressed in units per acre.

Nonconforming Structure: A structure lawfully existing at the effective date of this ordinance or any amendment thereto affecting such structure, which does not conform to the building regulations of this ordinance for the district in which it is situated, irrespective of use.

Nonconforming Use: Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this ordinance or any amendment thereto affecting such use, which does not conform to the use regulation of this ordinance for the district in which it is situated.

Parking Area: A lot or part thereof used for the storage of parking of motor vehicles, with or without the payment of rent or charges in money or other consideration which has an all‑weather surface.

Permitted Use: Requires review and approval of Zoning Board. Such permit is issued to applicant and does not become property right.

Recreational Vehicle Park: An area specifically designed for and occupied by two (2) or more dependent or independent travel units which are being utilized for temporary or seasonal dwelling units.

Sand and Gravel Pit: A lot or land, or part thereof, used for the purpose of extracting sand, gravel, soil for sale, as an industrial operation and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.

Set back: The distance from the closest point of the structure to the lot line.

Single Family Detached Dwelling: A building, on a lot, designed and occupied exclusively as a resident for one (1) family, and which has not part of all in common with an adjacent building. For purposes of this ordinance, trailers, automobile trailers and mobile homes are not considered single family detached dwellings.

Special Permitted Use: Requires review and approval of Zoning Board after a public hearing. Such permit is issued to applicant and does not become property right.

Structure: The primary building on the lot.

Unfinished Basement: Any portion of the basement which does not meet the Uniform Building Code for the purposes of occupancy.

Use: The primary activity to be carried out on a particular parcel. For the purposes of determining what zone a particular use may be carried on the Zoning Board may determine that a use similar to an allowed or permitted or special permitted use is acceptable in a particular zone.

Variance: A modification of the regulations of this ordinance granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Section 23-61, and the laws of the State of Wyoming.

Yard, Front: An open unoccupied space on the same lot with a building situated between the nearest wall portion of the building and front lot line of the lot and extending from side lot line to side lot line.

Yard, Rear: A space on the same lot with a building situated between the nearest wall portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.

Yard, Side: An open unoccupied space on the same lot with a building situated between the nearest wall portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front lot line where no front yard exists, to the rear yard, or the rear lot line where no rear yard exists.

Zoning Board: The Zoning Board of the City of Kemmerer.

Zoning Officer: The duly constituted city official designated to administer and enforce this zoning ordinance.

ARTICLE III. DISTRICT REGULATIONS

DIVISION 1. CLASSIFICATION AND INTERPRETATION

SECTION 23-6. DISTRICT CLASSIFICATIONS.

The following zoning classifications are intended to identify land uses which are considered compatible and thus allowed in each zone. The list of allowed uses is not intended to be all inclusive. Zoning recognizes that uses similar to an allowed use may also be appropriate for a particular zone. The Zoning Board may, but is not required to, authorize a use that is substantially similar to an allowed use. Permitted uses and special permitted uses are uses which may be allowed in a zone based on the characteristics of the specific project. The Zoning Board may, but is not required to, approve the uses and may have special requirements as a condition of any approval. Additionally the Zoning Board may associate the permitted or special permitted use with either a specific owner or with the continuation of the use by a new owner under the conditions which the use was originally approved. As a result a permitted or special permitted use is not a property right and does not necessarily run with the property. The Zoning Board is responsible for interpreting the Zoning Code. Any questions of formal interpretation of the Zoning Code should be directed to the Zoning Board.

For the purposes of this ordinance, the city is divided into certain districts as shown by the "Zoning Districts Map" of the City of Kemmerer, which said map, as revised from time to time to include amendments is hereby declared to be a part of this ordinance. A copy of such map is on file at the Office of the City Clerk and shall at all times be available for inspection by the public.

SECTION 23-7. INTERPRETATION OF ZONING MAP.

The district boundary lines are intended generally to follow the rear lot lines, or straight line projections of such lines, or city boundary lines, township or section lines all as shown on the zoning map; but where a district boundary line does not follow such a line, its position is shown on said zoning map by a specific line or another boundary line as indicated.

In case of uncertainty as to the true location of a district boundary line in a particular instance, the determination thereof shall be made by the City Zoning Board, subject to the right of appeal.

DIVISION 2. DISTRICTS

Section 23-8. Public Use Zone - P

Purpose:

To identify properties currently owned and used for a governmental purpose which are of such a nature that their conversion to a use, public or private, other than the existing use would require special consideration. Change from governmental ownership to private ownership will require a rezoning.

Allowed Uses:

Any governmental use in place at the adoption of this Code.

Permitted Use:

Any ancillary use to an allowed use.

Special Permitted Use:

Any change of use from an allowed use.

Lot and Yard Requirements: None.

Section 23-9. Single Family Residential ‑ R

Purpose:

Single family residential to provide for limited equestrian and limited livestock on property from 1 to 5 acres in size without creating a nuisance to neighboring uses.

Allowed Uses:

Crop and garden uses - requires on site residential occupancy

One horse or donkey or mule or llama per each half acre with a maximum of four animals. Livestock shall be protected from weather and fenced. - Requires on site residential occupancy.

Accessory buildings ‑ Buildings compatible with the zone.

Parks or playground

Permitted Uses:

Publicly owned and operated facilities

Home occupation

Day care center

Churches

Special Permitted Uses:

Recreational facilities

Bed and breakfast inn

Veterinary hospital - Requires on site residential occupancy.

Lot and Yard Requirements:

(a) Minimum Lot Area: Minimum size from 1 to 5 acres with minimum width 150 feet and 250 feet depth.

(b) Building Setback: From property lines

Front 25 feet

Side 25 feet

Rear 25 feet

Corner 25 feet

(c) Minimum Residences Floor Area: No single family residence building shall hereafter be erected unless conforming to the following requirement for total gross floor area (floor area DOES NOT include attached garages, porches, cellars, or unfinished basement.)

Single Story minimum 900 square feet.

Multi-story minimum on main floor 750 square feet with balance on other level(s).

Section 23-10. Single Family Residential ‑ Ra

Purpose:

Single family residential on existing lots or new lots with minimum of 7,500 square feet.

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with single family residential usage.

Parks or playground

Permitted Uses:

Day care center

Churches

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Lot and Yard Requirements:

(a) Minimum Lot Area: New lots minimum size from 7,500 square feet minimum width 75 feet and 100 feet depth, while corner lot frontage both sides is 90 feet.

(b) Building Setback: Apply to lots over 7,500 square feet and newly create lots. Existing smaller lots where a majority of the homes are nonconforming with regards to setback requirements, any new construction, alteration, or enlargement can apply for a permit conforming to setback consistent with the greatest existing setback of immediately adjacent homes.

Front 25 feet

Side 5 feet

Rear 10 feet

Corner 15 feet

Single Story minimum 900 square feet.

Multi-story minimum on main floor 750 square feet with balance on other level(s).

Section 23-11. Single Family Residential ‑ Rb

Purpose:

Single family attached residence with separate title to home and property for a single unit with minimum lots 3,500 square feet.

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with single family residential usage.

Parks or playground

Permitted Uses:

Day care center

Churches

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Lot and Yard Requirements:

(a) Minimum Lot Area: New lots minimum size from 3,500 square feet.

(b) Building Setback:

Front 15 feet

Side 5 feet

Rear 5 feet

Corner 15 feet

( c) Minimum Residences Floor Area: No single family residence building shall hereafter be erected unless conforming to the following requirement for total gross floor area of 500 square feet ( floor area DOES NOT include attached garages, porches, cellars, or unfinished basement.)

* Single Story minimum none

* Multi‑story minimum on main floor none

Section 23-12. Single Family Residential ‑ Rc

Purpose:

Single family residence for manufactured (mobile) homes on lots of 5,000 square feet with separate title on properties. (Note: Privately owned lots for a manufactured home outside of manufactured home park.)

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with single family residential usage.

Parks or playground

Permitted Uses:

Day care center

Churches

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Lot and Yard Requirements:

(a) Minimum Lot Area and Floor Area:

* New lots minimum size from 5,000 square feet minimum width 75 feet and 70 feet depth, while corner lot frontage both sides is 50 feet.

* Minimum 900 square feet of floor area. The requirement for total gross floor area DOES NOT include attached garages, porches, or cellars.

(b) Building Setback: from property lines

Front 15 feet

Side 10 feet

Rear 10 feet

Corner 15 feet

Section 23-13. Multi‑Family Housing ‑ M‑1

Purpose:

To provide for the high density residential housing in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences. The M‑1 District is design for two to twelve units per acre with a single title for all units or a condominium method of ownership as specified in Chapter 29.

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with Multi‑family housing usage.

Parks or playground

Permitted Uses:

Senior congregate care facility

Service and social club

Day care center

Churches

Private Schools

Signs, pursuant to regulations

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Studio for music, dancing or art lessons

Nursing, rest homes and convalescent homes

Emergency Shelters

Transitional housing

Lot and Yard Requirements:

(a) Minimum Lot Area Density and Building Height:

1. Maximum 12 dwelling units per acre

2. Maximum two stories high

3. Minimum 25 square feet of snow storage per unit, can not block emergency access or parking areas

(b) Minimum Setback: Setback from property line ad between buildings.

Main Residence : Front 25 feet Accessory Building: Front 50 feet

Side 15 feet Side 15 feet

Rear 15 feet Rear 15 feet

Corner 25 feet Corner 25 feet

Additional residence buildings must have minimum of 15 feet of emergency access between structures.

Section 23-14. Multi‑Family Housing ‑ M‑2

Purpose:

To provide for the highest density residential housing in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences. The M‑2 District is designed for thirteen (13) to a maximum twenty units per acre with a single title for all units or a condominium method of ownership as specified in Chapter 29.

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with Multi‑ family housing usage.

Parks or playground

Permitted Uses:

Senior congregate care facility

Service and social club

Day care center

Churches

Private Schools

Signs, pursuant to regulations

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Studio for music, dancing or art lessons

Boarding house

Nursing, rest homes and convalescent homes

Emergency Shelters

Transitional housing

Lot and Yard Requirements:

(a) Minimum Lot Area Density and Building Height: Minimum lot area and width shall be sufficient to meet following criteria:

1. Maximum 20 dwelling units per acre

2. No maximum stories

3. Minimum 25 square feet of snow storage per unit, can not block emergency access or parking areas

(b) Minimum Setback: Setback from property line and between buildings.

Main Residence : Front 25 feet Accessory Building: Front 50 feet

Side 15 feet Side 15 feet

Rear 15 feet Rear 15 feet

Corner 25 feet* Corner 25 feet

Additional residence buildings must have minimum of 15 feet of emergency access between structures.

*Setback from property shall be a minimum of 25 ft. (25') for each story over three (3), an additional 10 ft. (10') shall be required to all setbacks.

Section 23-15. Multi‑Family Housing ‑ M‑3

Purpose:

To provide for the high density residential housing in Manufactured home park in a appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences zone. The M‑3 District is design for maximum of 8 manufactured homes per acre with a single title for the property. .

Allowed Uses:

Crop and garden uses

Accessory buildings ‑ Buildings normally associated with Multi‑ family housing in a manufactured home park.

Parks or playground

Permitted Uses:

Service and social club

Day care center

Churches

Private Schools

Signs, pursuant to regulations

Home occupation

Publicly owned and operated facilities

Special Permitted Uses:

Recreational facilities

Lot and Yard Requirements:

(a) Minimum Rental Lot Area and Floor Area: Minimum lot area and width shall be sufficient to meet following criteria:

1. Maximum 8 dwelling units per acre. The rental lots minimum width 75 feet and 70 feet depth, while corner lot frontage both sides is 50 feet.

2. Minimum 500 square feet of floor area. The requirement for total gross floor area DOES NOT include attached garages, porches, or cellars.

(b) Minimum Setback: Setbacks are from property lines. All site requirement such as parking, driveway, and walkways must be included in the Manufactured home park design, amendments, or redesign.

Main Residence : Front 15 feet Accessory Building: Front 50 feet

Side 25 feet Side 25 feet

Rear 10 feet Rear 5 feet

Corner 15 feet Corner 15 feet

Main residence 15 feet

Section 23-16. Commercial District ‑ C

Purpose:

Intended to cluster commercial in currently established downtown area to minimize commercial traffic interference with residential areas and give shopping areas the necessary high visibility identification. A condominium method of ownership as specified in Chapter 29 of this code and in conformance with the uses allowed in this section.

Allowed Uses:

Single family residences on the second floor of commercial buildings

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month

Retail store and repair shop

Office building ‑ service

Service business ‑ such as beauty shop, barber shop tailor, or other personal service shop

Restaurant, other places servicing food or beverage

Social club, theater, churches

Day care centers, nursing, rest and convalescent home

Funeral parlor

Customary accessory uses and structures

Accessory off‑street parking and loading pursuant to Parking regulations

Signs pursuant to regulations

Private School

Museums

Hotel / Bed and breakfast

Theaters

Studios

Permitted Uses:

Outdoor sales

Outdoor storage

Veterinary hospital

Publicly owned and operated facilities

Communication Antenna

Medical Treatment Facility

Campgrounds/RV Parks

Laundromats

Dry cleaning business

Special Permitted Uses:

Kennels

Major auto or truck repair facilities

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Minimum Setback:

Front and corner - pursuant to Section 23-29

Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.

Section 23-17. Commercial Combining District ‑ CB

Purpose:

Intended to cluster commercial in currently established downtown which includes a large number of residential units. The area is designed to minimize commercial traffic interference with residential areas and give shopping areas the necessary high visibility identification. A condominium method of ownership as specified in Chapter 29 of this code and in conformance with the uses allowed in this section.

Allowed Uses:

Single family residences will follow the regulations contained within the Ra Residential zoning district

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month and which do not meet the Ra district regulation are not affected unless the use is abandoned.

Retail store and repair shop

Office building ‑ service

Service business ‑ such as beauty shop, barber shop tailor, or other personal service shop

Restaurant, other places servicing food or beverage

Social club, theater, churches

Day care centers, nursing, rest and convalescent home

Funeral parlor

Customary accessory uses and structures

Accessory off‑street parking and loading pursuant to Parking regulations

Signs pursuant to regulations

Private School

Museums

Hotels / Motels/ Bed and breakfasts

Theaters

Studios

Permitted Uses:

Outdoor sales

Outdoor storage

Veterinary hospital

Publicly owned and operated facilities

Medical treatment facility

Special Permitted Uses:

Kennels

Major auto or truck repair facilities

Lot and Yard Requirements:

(a) Minimum Lot Area Density:

(a) Commercial ‑ Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Residential‑ See minimum lot size for the Residential District "Ra" for single family home

(b) Minimum Setback:

(1) Commercial ‑

Front and corner - pursuant to Section 23-29

(2) Residential ‑ See setback for the Residential District "Ra" for single family home

Section 23-18. Commercial Neighborhood District ‑ CN

Purpose:

Intended to provide small commercial area that cater to the daily convenience shopping and service needs of the surrounding residential neighborhood. The scale and design of buildings within this district must be compatible with the neighboring residential uses. A condominium

method of ownership as specified in Chapter 29 of this code and in conformance with the uses allowed in this section. NOTE: No residential uses will be allowed.

Allowed Uses:

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month

Office building ‑ service

Service business ‑ such as beauty shop, barber shop tailor, or other personal service shop

Restaurant or café with less than 3,000 square feet (excluding drive‑thru restaurants)

Churches

Day care centers

Customary accessory uses and structures

Accessory off‑street parking and loading pursuant to Parking regulations

Private School

Permitted Uses:

Veterinary hospital

Filling stations

Restaurant over 3,000 square feet or drive-thru

Studios for music, dancing ,and art lessons

Publicly owned and operated facilities

Medical treatment facility

Special Permitted Uses:

Kennels

Uses that exceed 10,000 square feet of floor area

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Minimum Setback:

Front and corner - pursuant to Section 23-29

Section 23-19. Commercial Highway District ‑ C‑H

Purpose:

Intended to provide service to vehicle oriented consumers or large sale area which are not suitable in the commercial downtown district.

Allowed Uses:

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month

Retail store requiring large area or outside display area

Sales and rental of new and used autos, boats, agricultural equipment or similar items

Auto service station

Repair shop related to highway traffic

Drive‑thru facilities

Restaurant, other places servicing food or beverage

Customary accessory uses and structures

Accessory off‑street parking and loading pursuant to Parking regulations

Signs pursuant to regulations

Hotel / Motels

Major auto or truck repair facilities

Theaters

Studios

Permitted Uses:

Recreation facilities

Publicly owned and operated facilities

Medical treatment facility

Communication antenna

Campground/RV Park

Special Permitted Uses:

Kennels

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Minimum Setback:

Front and corner - pursuant to Section 23-29

Section 23-20. Agricultural Combining District ‑ A

Purpose:

To provide agriculture district which provides a reasonable usage for large undeveloped areas surrounding the developed areas within the city with or without a single family detached

housing. The A District is for agriculture use with limitation on poultry, dairy, and raising pigs.

Allowed Uses:

Single family residences

Crop and garden uses

Accessory buildings ‑ Buildings normal associated with limited agricultural usage.

Livestock farming ‑ provided not more than one horse, or one mule, or one cow, or one steer, or 2 sheep, or 1 llama, or 2 goats, or similar sized farm animals shall be kept for each 1 acre of lot area.

Poultry, rabbit or similar sized farm animal ‑ limited to five per acre.

Sale of agricultural products produced on‑site ‑ however no commercial structure shall be built

Permitted Uses:

Service and social club

Day care center

Churches

Signs, pursuant to regulations

Kennel/stables

Veterinary hospital

Home occupation

Publicly owned and operated facilities

Communication antenna

Special Permitted Uses:

Recreational facilities

Bed and breakfast inn*

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot area is five acres.

(b) Minimum Setback: from property line

Main Residence : Front 25 feet Accessory Building: Front 90 feet

Side 25 feet Side 25 feet

Rear 50 feet Rear 25 feet

Corner 25 feet

Livestock storage: Front 100 feet

Side 100 feet

Rear 100 feet

Section 23-21. Agricultural Holding District ‑ A‑1

Purpose:

To provide agriculture district which provides a reasonable usage for large undeveloped areas surrounding the developed areas within the city with or without a single family detached housing. The A‑1 District is for agriculture use with use permits required for poultry, dairy, and raising pigs.

Allowed Uses:

Single family residences

Crop and garden uses

Accessory buildings ‑ Buildings normal associated with limited agricultural usage.

Sale of agricultural products produced on‑site ‑ however no commercial structure shall be built

Permitted Uses:

Agricultural processing

Service and social club

Day care center

Churches

Signs, pursuant to regulations

Kennel

Veterinary hospital

Home occupation

Publicly owned and operated facilities

Communication antenna

Campground/RV Park

Special Permitted Uses:

Dairy, pig, poultry operations and livestock yards, i.e. more intense than livestock farming

Bed and breakfast inn

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot area is forty acres.

(b) Minimum Setback:

Main Residence : Front 25 feet Accessory Building: Front 90 feet

Side 25 feet Side 25 feet

Rear 50 feet Rear 25 feet

Corner 25 feet

Livestock storage: Front 100 feet

Side 100 feet

Rear 100 feet

Section 23-22. Light Industrial ‑ I‑1

Purpose:

To provide suitable areas for low intensity assembly, processing, manufacturing activities, product distribution , and related activities, all of which do not create a nuisance.

Allowed Uses:

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month

Warehouses

Light Manufacturing

Distributorships

Truck terminals

Maintenance service garages

Service yards

Repair shop related to highway traffic

Accessory off‑street parking and loading pursuant to parking regulations

Signs pursuant to regulations

Major auto or truck repair facilities

Adult bookstore/entertainment

Medical treatment facility

Communication antenna

Publicly owned and operated facilities

Laundromats

Dry cleaning business

Permitted Uses:

Recreation facilities

Kennels

Auto body and painting shop

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Minimum Setback:

Front and corner (whenever adjacent to a street). A minimum in accordance with Section 23-29 shall apply to corner lots.

Section 23-23. Heavy Industrial ‑ I‑2

Purpose:

To provide areas for full range of industrial uses.

Allowed Uses:

Residence which existed at the time of rezoning which have not been abandoned for more than 6 month

Warehouses

Manufacturing

Distributorships

Truck terminals

Maintenance service garages

Service yards

Repair shop related to highway traffic

Accessory off‑street parking and loading pursuant to parking regulations

Major auto or truck repair facilities

Billboards

Adult Entertainment

Adult Book Store

Communication Antenna

Publicly owned and operated facilities

Permitted Uses:

Recreation facilities

Kennels

Junk yard

Auto body and painting shop

Stockyards

Special Permitted Uses:

Sand gravel pit

Sanitary landfill

Sanitary transfer station

Lot and Yard Requirements:

(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.

(b) Minimum Setback:

Front and corner (whenever adjacent to a street). A minimum in accordance with Section 23-29 shall apply to corner lots.

ARTICLE IV. GENERAL REQUIREMENTS

SECTION 23-24. APPLICABILITY.

The requirements hereinafter set forth in this article shall apply to all districts. In the event the provisions of this article conflict with the provisions of any other article or section of this ordinance, the more restrictive article or section shall control.

SECTION 23-25. PLACEMENT OF ACCESSORY USES AND STRUCTURES.

The placement of a private garage, accessory parking area or other accessory building or use, shall be subject to the following requirements:

(a) No accessory building shall be constructed within five feet (5') of any rear lot line.

(b) Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the exterior garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this ordinance.

(c) No private garage or other accessory building or parking area shall be within a required front yard, nor within a required side yard, except that in any non-residential district, a parking area may utilize the portion of a side yard not otherwise required for a planting screen.

(d) Any access driveway may be located within a required side yard or required front yard.

(e) Required accessory buildings and uses shall be on the same lot with the main building or buildings or on an immediately adjacent lot in the same ownership, or within the site limits of an approved site plan of development.

(f) Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.

(g) No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage or any other use.

(h) Accessory private garages may be constructed within or under any portion of a main building, provided that the access driveway does not at any point have a grade in excess of then percent (10%).

(i) Any accessory building larger than one hundred twenty square feet shall have exterior siding and roof compatible with the exterior siding and roof of the principal building as approved by the Building Inspector or City Administrator.

SECTION 23-26. HEIGHT RESTRICTIONS.

(a) Tower, Chimneys, etc. Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, or belfry, flagpole, chimney flue, water tank, elevator or stair bulkhead. No such structure shall:

(1) Have a lot coverage at the base in excess of ten percent (10%) of the lot area.

(2) Be used for residence or tenancy purposes.

(3) Have any advertising sign or device inscribed upon or attached to such structure.

(b) Garage and Accessory Building Height. No private garage in a residential district shall exceed sixteen feet eight inches (16'8") in height. All other accessory buildings in a residential district shall not exceed fifteen feet (15') in height.

(c) Airport Safety Zones. Except for field crops and fences under five feet (5') high, the maximum height of any object, building or structure located within five hundred feet (500') of either side of the centerline of a landing strip or runway and extended to a distance of two (2) miles from the end of landing strip or runway shall be no higher in relation to the mean elevation of the runway than a hundredth (1/100) of the distance of the object, structure or building to the landing strip or runway.

SECTION 23-27. YARD AND FENCE RESTRICTIONS.

(a) Front Yard. The space in a required front yard shall be open and unobstructed except:

(1) For an unroofed balcony or terrace projecting no more than eight feet (8'); or

(2) Steps giving access to a porch or first (1st) floor entry door; or

(c) Fences, hedges, structures, walls of landscaping displays constructed, erected, or placed after the day this revised ordinance is passed shall be allowed only as described herein.

(d) Prior to construction, erection or placement, a fence permit shall be obtained.

(a) The permit fee shall be ten dollars ($10.00)

(b) It shall be the responsibility of the property owner to locate all property lines and corners for the permitting of the construction, erection or placement of all fences

(d) All front yard fences shall be a maximum of four feet (4') in height

(5) No fence, structure, wall or landscaping displays shall contain any barbed, razor, or similar sharp or pointed wire fence nor be electrically charged, not shall such wire, fence, structure, wall or landscaping display be permitted.

(6) On corner lots, no fence, hedge, structure, wall or landscaping display shall interfere with the unobstructed view of vehicular traffic or pedestrians being more than twenty-four inches (24") above the imaginary geometric plane consisting of the triangular area drawn or extrapolated from the three (3) points established as per the following examples”

(1) Example 1 for a ninety degree (90) corner:

(2) Example 2 for an arced corner:

(b) Back and Side Yards. Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses and for ornamental features projecting not to exceed six inches (6") and eaves projecting not more than thirty inches (30"); provided, however, open or lattice enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet (4'), and the ordinary projections of chimneys and pilasters shall be permitted.

(c) Fences. In R and M districts, fences shall be no higher than six feet (6') above ground and in C and I districts, no higher than ten feet (10') above ground on the highest side. No fence shall be permitted to encroach on a public right of way, such as a street or alley.

SECTION 23-28. THROUGH LOT RESTRICTIONS.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. If one (1) street is other than a local street some common fencing, landscaping or other design treatment may be approved by the zoning board if said treatment is somewhat uniform for the block.

SECTION 23-29. CORNER CLEARANCE RESTRICTIONS.

At all street intersections the maximum height of fences, retaining walls or foliage shall not exceed two feet (2') measured from top of curb. Tree branches shall be trimmed up to eight feet (8'), measured from top of curb, within forty feet (40') of the point of intersection of the two curb lines.

At all intersections of alleys with streets, the maximum height of fences, retaining walls or foliage shall not exceed two feet (2'), measured from top of curb. Tree branches shall be trimmed up to eight feet (8') measured from top of curb within fifteen feet (15') of the point of intersection of the two curb lines.

SECTION 23-30. LIVESTOCK PROHIBITED.

No livestock or poultry shall be kept or maintained on or in any part of any district within the City except as provided in this Code.

SECTION 23-31. GARAGES, FILLING STATIONS AND CAR WASHING FACILITIES.

All public garages and filling stations shall be so arranged and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within fifteen feet (15') of any residential district boundary line.

SECTION 23-32. PRIVATE OUTDOOR SWIMMING POOL/DECORATIVE POOL

(a) Permit Required. A private outdoor swimming pool accessory to a residential use, which is designed to contain a water depth of twenty-four inches (24") or more shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations. A permit shall be required to locate, construct or maintain a private outdoor swimming pool.

(b) Location. Such pool shall be located in a rear yard only. Said pool shall be not less than fifteen feet (15') from side and rear lot lines.

(c) Water Service Restrictions. If the water for such pool, hot tub or spa is supplied from a private well, there shall be no cross-connection with any public or community water supply system. If the water for such pool, hot tub or spa is supplied from the public water supply system, the inlet shall be above the overflow level of said pool with sufficient air gap.

(d) Enclosure Required. Such pool shall be enclosed by a fence, or other enclosure, no less than six feet (6') in height, equipped with self-locking gates.

(e) Drainage Requirements. No permit shall be granted for the installation or construction of such swimming pool unless the building inspector has certified that the drainage of such swimming pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

(f) Decorative Pools. A decorative pool shall be any body of water greater than two feet in depth with a maximum depth of six feet with is not allowed to be used for swimming or bathing purposes. Decorative pools shall be subject to the conditions below:

(1) Decorative pools shall comply with the Water Service Restrictions and Drainage Requirements contained in Section 23-32(c) and (e) of the City Code.

(2) The yard area containing a decorative pool shall be completely fenced with a containing type fence with a minimum height of 6 feet. Any gates on said fence shall be of a self latching type with latches being a minimum of 60 inches from ground level or shall be padlocked shut. The fence requirements of Section 23-27 of the City Code shall continue to apply.

(3) Decorative pools shall be of a step design to allow easy egress from the pool. The first step shall be not more than 15 inches below the surface of the water and not less than 36 inches wide. All successive steps shall be not more than 24 inches below the preceding step and shall be a minimum of 24 inches wide. In the case of a pool which doesn’t exceed

four feet in total depth, the maximum depth of the second step may be 33 inches below the initial step. All steps shall encompass the perimeter of the pool and shall be constructed of material suitable to provide solid footing to allow egress from the pool.

(c) Hot tub/spa: A hot tub/spa shall be any outdoor structure for human use designed to contain heated water in excess of 24 inches deep in an area of not more than 10 feet in diameter. All hot tubs/spas shall be covered when not in use suitable to prevent accidental entry.

SECTION 23-33. OFF-STREET PARKING REQUIREMENTS.

(a) Off-Street Parking Required. Off-street parking spaces for the storage or parking of passenger vehicles shall be provided pursuant to the provisions of this section.

(b) Individual Parking Spaces Required. Parking areas shall be marked off with parking spaces, each with a minimum width of nine feet (9') and a minimum length of twenty feet (20'), exclusive of driveways and turning areas.

(1) Driveway or curb cuts shall be in accordance with Section s 19-36 through 19-43 as the sam may be amended from time to time.

(2) Parking areas shall be used for automobiles parking only, with no sales, deed storage, repair work, dismantling or servicing of any kind permitted.

(3) If lighting is provided, it shall be arranged to reflect away from the residential area and from any public street or highway.

(d) Specifications and Minimum Space Requirements.

(1) Each off-street parking area shall be:

(i) Provided with vehicular access to a street or alley.

(ii) Surfaced with material which is equivalent to or better than the surfacing material of the abutting street or alley; provided, however, upon a showing of good cause and great financial hardship, the City Council may allow the temporary placement of gravel if such placement will not injure or damage the adjoining street, alley or property of others. Such temporary placement shall only be permitted on a year-to-year basis and the owner shall petition the Council for a continuance of such use no less than two (2) weeks and no more than one (1) month prior to the expiration of the temporary placement approval. Upon complaint by

City employees, neighbors or any other affected person, the Council shall hold a hearing to consider whether or not to allow the temporary placement with or without modification.

(iii) Properly drained; and

(iv) Located on or adjacent to the building property.

(2) When a parking requirement is based on a gross floor area basis, fifteen percent (15%) of such gross floor area shall first (1st) be deducted in order to credit for non-productive portions of buildings.

(3) Off Street Parking Specifications:

(i) Class I - High traffic facilities including, but not limited to theaters, drive-ins, grocery stores, schools, professional offices, office buildings, bowling lanes, banks, hotels, general office buildings, libraries, retail shops, churches and funeral homes shall have the following minimum number of parking spaces:

0 - 5,000 sq. ft. of Gross Floor Area -

1 space per 250 sq. ft.

5,001 - 10,000 sq. ft. of Gross Floor Area -

1 space per 300 sq. ft.

Over 10,000 Sq. ft. of Gross Floor Area -

1 space per 350 sq. ft.

(ii) Class II - Low traffic facilities, including, but not limited to, research labs, industrial complexes, storage facilities, newspapers, part time business, shall have the following minimum number of parking spaces:

0 - 5,000 sq. ft. of Gross Floor Area -

1 space per 350 sq. ft.

5,001 - 10,000 sq. ft. of Gross Floor Area -

1 space per 400 sq. ft.

Over 10,000 sq. ft. of Gross Floor Area -

1 space per 450 sq. ft.

(iii) Class III - Health care facilities, including, but not limited to hospitals, nursing homes and any other facilities required by Wyoming Statute

Section 35-2-102 to be licensed by the State of Wyoming, shall have the following minimum number of parking spaces:

Less than 10,000 sq. ft. - Same requirements as Class I above

Over 10,000 sq. ft. of Gross Floor Area -

1 space per 450 sq. ft.

provided, further, for purposed of Class III structures over 10,000 sq. ft., forty percent (40%) of such gross floor area shall first (1st) be deducted in order to credit for non-productive portions of such building.

(iv) For single and multiple family dwelling units, there shall be provided two (2) spaces per living unit.

(v) (a) Off street employee parking shall be provided for all industrial and manufacturer facility at a rate of one (1) parking space for every two (2) employees.

(4) If a business, owner or developer, finds that it cannot comply with the above requirements, it may submit a fee in lieu of compliance in the amount of Five Hundred Dollars ($500.00) for every space it cannot provide. In no event will payment of the fee be accepted for more than thirty-five percent (35%) of the required spaces. The funds collected will be used by the City to maintain public parking areas.

(5) When parking requirements for any uses are not specifically defined in this ordinance, such parking requirements shall be determined by the city engineer and zoning board on comparable uses in compliance with this ordinance.

(6) When a structure has a change of use from one class to a different class, it shall comply with the above parking requirements for a new use class.

(7) For mixed uses, the total requirements shall be the sum of the requirements of the component uses computed separately.

(8) When the required parking area or number of parking spaces results in the requirement of a fractional space, any fraction under on-half (1/2) may be disregarded, and any fraction one-half (1/2) and over shall be construed as required a full space.

(9) A special parking district shall be developed along Pine Avenue from Garnet Street to Emerald Street, and along South Main and J.C. Penney Drive. Said parking district shall be exempt from the requirements herein set forth.

(10) It shall be unlawful to erect or construct any building or to use any land in violation of this ordinance. Any person who violates this ordinance shall be fined, upon conviction, of not more than the maximum amount allowable by law.

(11) In case any building is erected or constructed on land used in violation of this article, the city council may institute appropriate legal action or proceeding to prevent such unlawful erection or construction or to restrain, correct or abate such violation.

(e) Commercial Vehicle Parking Restrictions. Parking of commercial or service vehicles weighing in excess of one (1) ton rated cargo or towing capacity will not be permitted in R or M districts except when actively engaged in the ordinary course of business.

(f) Exceptions. The provisions of paragraphs (a) through (d) shall not apply to any building, structure or use lawfully in existence at the effective date of this ordinance, whether construed as a permitted or nonconforming use, or thereafter converted or changed without enlargement to a different lawful use.

SECTION 23-34. REQUIRED OFF-STREET TRUCK LOADING SPACES.

(a) Every building or structure, lot or land hereafter put into use for business or industrial purposes or for a hospital, which business requires space for loading and unloading of truck cargo, shall provide off-street loading spaces as follows:

1 space per 0 - 20,000 sq. ft. of Gross Floor Area.

2 spaces per 20,000 - 40,000 sq. ft. of Gross Floor Area.

3 spaces for over 40,000 sq. ft. of Gross Floor Area.

(b) All off-street loading spaces shall be a size sufficient to accommodate any and all size trucks making deliveries to the business.

SECTION 23-35. ACCESS DRIVEWAYS.

All access driveways for a public garage, public parking area, filling station, service station or car washing station, located on the same lot may be used for separate or combined entrance and exit. Every separate entrance or exit access driveway shall have a minimum unobstructed width of ten feet (10'). Every combined entrance and exit access driveway shall have a minimum total unobstructed width of twenty feet (20').

SECTION 23-36. SIGNS.

In all districts, maximum permitted sizes of each listed type shall be in accordance with the regulations contained in the following schedule:

BUSINESS SIGNS

(a) All residential districts.

(1) Professional or business identification sign on residential building with home occupation - Two (2) square feet.

(2) Real estate "for sale" or "for rent" sign, or construction sign - Six (6) square feet.

(3) Advertising signs - Prohibited.

(1) Identification business or industrial building or use - For each building wall or facade: two (2) square feet aggregate area for each one foot (1') horizontal length of facade, but not to exceed an aggregate area of one hundred twenty (120) square feet on any one (1) facade.

(2) Real estate "for sale" or "for rent" sign, or construction sign - For each building wall of facade: two (2) square feet aggregate area for each one foot (1') horizontal length of facade, but not to exceed an aggregate area of one hundred twenty (120) square feet on any one (1) facade.

SECTION 23-37. SUPPLEMENTAL SIGN REGULATIONS.

(a) Professional Home Office Signs. A professional or business identification sign of a home professional office or home occupation on a residence building shall be fixed flat on the main wall of such buildings, and shall not project more than six inches (6"). Such sign shall not be interior lighted.

(b) Churches, Schools, Public Buildings. The following signs shall be allowed:

(1) One sign per structure with one (1) sign face not over six (6) square feet in area affixed to the structure.

(2) One sign per structure within the front yard of the structure with not more than two (2) sign faces and no one (1) sign face being over sixteen (16) square feet in area, or up to thirty-two (32) square feet in area per sign face with approval of the zoning board. Sign shall not be within ten feet (10') of a street line, shall not exceed four (4) feet in height and may be externally illuminated if shielded from all adjoining property and public right-of-way.

(c) "For Sale" Signs. A real estate "for sale" or "for rent" sign, or a construction sign, shall apply only to the property upon which it is placed. Not more than two (2) such signs shall be permitted on any one (1) property or premise.

(d) Application Required. No business sign, shall be erected, hung, attached or displayed until a written application has been made to the City and a permit therefor has been duly issued.

(e) Location, Height, Length, Clearance and Spacing.

(1) No private sign shall project over public property without written permission of the City.

(2) No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. No sign structure that is not a part of or supported by a building shall be more than thirty feet (30') in height above ground level at the base of such sign.

(3) No sign structure erected directly upon the ground shall have less than eight feet (8') of clear space between such sign and the ground, provided that necessary supports may extend through such open space. Construction closer to the ground or on the ground may occur if approved by the zoning board. The board should refuse the request if lack of visibility or other circumstances could create a hazard. Corner clearance requirements shall apply. (Section 23-32.)

(4) No sign structure erected directly upon the ground shall have an unbroken length of more than fifty feet (50').

(5) Illumination. Signs may be interior lighted with non-glaring lights, or may be illuminated by shielded flood lights. No lights of intermittent or flashing type shall be permitted.

(6) Projection and Clearance.

(i) General. Signs shall conform to the clearance and projection requirements of this section.

(ii) Clearance from high Voltage Power Lines. Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.

(iii) Clearance from Fire Escapes, Exits or Standpipes. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.

(iv) Obstruction of Openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by this section. Signs erected with five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.

(f) All old, unused signs not identifying or advertising on-going businesses currently in existence or operation shall be removed and/or covered. Affected signs not removed by the owner of such sign shall be removed by the City of Kemmerer and the owner of such sign shall be billed the reasonable costs of such removal, including a reasonable charge for overhead and supervisory costs.

(g) Failure to comply with the provisions of this section shall be a nuisance and shall be unlawful and punishable as provided in Section 1-5.

SECTION 23-38. SITE PLAN APPROVAL AS REQUIRED FOR PERMITTED USES.

Any permitted use or special permitted use unless otherwise excepted herein shall require site plan approval. Said site plan shall be submitted in adequate detail to permit the zoning officer to evaluate the plan to determine its conformance with these provisions. Building permits shall not be issued until said plan is certified as to conformance with this ordinance.

SECTION 23-39. DRAINAGE REQUIREMENTS.

(a) No building shall be erected, structurally altered or relocated on, or any zoning permit issued for a sit or land which is subject to periodic flooding unless adequate provision is made to insure flooding will not affect or damage said improvements and access thereto.

(b) No building or structure, except a flood control facility, dam or irrigation structure, shall be erected or located in a flood plain. Uses permitted in a flood plain shall be limited to recreation and parking. No construction except for a flood control facility or dam or alteration of topography shall be made, which will obstruct or restrict the natural flood channel and cause other lands to be flooded.

(c) No building permit shall be issued for construction or use in any flood plain unless the construction complies with the National Flood Insurance Standards.

SECTION 23-40. SEWAGE SYSTEMS REQUIRED.

No building permit shall be issued for the erection, alteration or relocation of a building for human use or occupancy which will not be connected to a public or community sewage system, or will provide for a private or on-lot sewage system (septic tank) which meets the standards and requirements of the State of Wyoming Health Department. No certificate of occupancy shall be issued until these requirements are met.

SECTION 23-41. WATER SUPPLY REQUIRED.

No building permit shall be issued for the erection, alteration or relocation of a building for human use or occupancy which will not be adequately served by a water supply facility which meets the standards and requirements of the State of Wyoming Health Department.

SECTION 23-42. JUNK CARS, TRUCKS AND TRAILERS PROHIBITED.

Junk cars, trucks and trailers shall not be permitted to remain on any property for a period in excess of thirty (30) days except in I-2 districts in areas designated as junkyards. A car, truck or other vehicle is considered to be junk if it cannot move under its own power, or in the case of a trailer, if it cannot be pulled on a public highway.

SECTION 23-43. Repealed 6-14-04

ARTICLE V. NON-CONFORMING USES

SECTION 23-44. UNLAWFUL CONFORMING AND NONCONFORMING USES AND STRUCTURES.

An unlawful building or structure, or unlawful use of a building, structure, lot or land existing at the effective date of this ordinance shall not be deemed to be a nonconforming building, structure or use.

Any existing lawful use or structure that does not conform to the requirements of this ordinance on its effective date shall be deemed a nonconforming use or structure. Uses or structures resulting from special use permits shall be considered conforming uses and structures. Variances shall be deemed nonconforming uses or structures.

SECTION 23-45. RESTORATION AND ALTERATION.

(a) Restoration. If a building or structure used by a nonconforming use is damaged, to an extent no greater than fifty percent (50%) of its fair market value, it may be reconstructed, or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage, and that it be completed within one (1) year of such happening.

(b) Alteration. A nonconforming building or structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, provided the degree of nonconformity is not increased.

SECTION 23-46. EXTENSION.

A nonconforming use shall not be enlarged or extended without a special use permit.

SECTION 23-47. CHANGE OF USE.

A nonconforming use may be changed to a conforming use or changed to another, more restrictive, nonconforming use, provided it shall first be approved by the zoning board.

A nonconforming use of a building or land that has been changed to a more restricted classification shall not thereafter be changed to a use of a less restrictive classification.

A nonconforming use shall not be extended to displace a conforming use.

SECTION 23-48. TERMINATION.

A nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated:

(a) When it is changed to a conforming use;

(b) When it has been abandoned.

(c) The owner of a property which has had a nonconforming use abandoned may, within 30 days of the abandonment, apply to the Zoning Board for an extension of the abandonment period not to exceed six months. If the extension is not granted or, if granted, the nonconforming use remains abandoned after the extension the nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated.

SECTION 23-49. REPAIRS AND MAINTENANCE.

Normal maintenance and repairs of a building or other structure containing a nonconforming use is permitted, provided it does not extend the floor area occupied by the nonconforming use.

ARTICLE VI. USE AND SPECIAL USE PERMITS

SECTION 23-50. USE AND SPECIAL USE PERMIT REQUIREMENTS.

Due to their unusual and unique features, permitted and special permitted uses shall be subject to the following requirements to ensure the best interests of the health, safety and welfare of the City of Kemmerer. Permitted and special permitted uses shall be permitted in districts where designated only after review (including site plan) and approval by the zoning board. Appeals of decision and conditions made by the zoning board may be taken to the city council pursuant to Section 23-61.

SECTION 23-51. PROCEDURE.

(a) Application for a permit or special permit use shall be submitted to the zoning board in writing. The application shall include applicable information as required in Section 23-51 and such other data, information and plans necessary for full evaluation by the board.

(b) A public hearing shall be held by the zoning board on a special use permit application. Said hearing must be held within thirty (30) days from the date the application has been filed. Notice of said hearing shall be given by at least one (1) publication in a newspaper of general circulation within the city at least ten (10) days prior to the hearing date. Said notice shall contain at least the following information:

(1) General location.

(2) Requested use.

(3) Time, place and date of hearing.

(4) Number to call to ask questions about the request.

(c) Action on application must be taken and a decision must be made by the zoning board within sixty-five (65) days from date of receipt of the application, unless continuation is agreed upon by the applicant. The zoning board shall make the following determinations prior to approval of a use or special use permit:

(1) The proposed use shall serve an obvious public need.

(2) The proposed use will not be detrimental to the surrounding area or to established uses.

(3) That adequate and safe access and circulation shall be provided.

(4) That any resulting commercial and truck traffic shall not use a residential street nor create a hazard to a developed residential area.

(5) That the applicant has taken adequate steps to minimize and control potential environmental problems which may be resulting from the proposed use.

(d) Records of all applications made and decisions rendered, together with all maps, drawings, descriptions of conditions applied shall be kept and maintained as described in Section 23-55. A copy of the decision rendered and conditions applied shall be transmitted to the applicant.

(e) Appeals of the zoning board action shall be made in writing to the city council. The council shall hold a hearing in the same manner as prescribed above for the zoning board on special use permits.

ARTICLE VII. PLANNED UNIT DEVELOPMENT

SECTION 23-52. PLANNED UNIT DEVELOPMENT ALLOWED.

Planned unit developments requiring deviations from the requirements of this ordinance are permitted, provided the design demonstrates the development will not adversely affect the health, safety, welfare, economy and environment of the city. Zoning board approval or denial shall be based on the information shown by a specific plan and written conditions incident thereto.

SECTION 23-53. REQUIREMENTS.

Planned unit developments in any district where permitted shall be subject to the following additional provisions:

(a) Minimum Area. The development area shall be not less than twenty (20) acres.

(b) Site Plan Required. A site development plan shall be submitted with the application and shall show the layout of roads, lots, parks and open space, location of buildings, developments immediately adjacent, provisions for drainage, water supply and sewage treatment, and other relevant information. Water supply and sewage treatment facilities shall meet State of Wyoming health standards.

(c) Minimum Lot Area. The minimum lot area and yard requirements of the specific zone district where located may be varied, provided:

(i) The gross dwelling unit density of the development does not exceed the density requirement of the district where located.

(d) Recreation Space Required. Open space for recreation shall be provided in an amount calculated as follows:

Gross density X 2 + 5 = % dedication required

(Example: 10 units per acre X 2 + 5 = 25 or 25% dedication.)

All areas designated as open space or park shall be dedicated in perpetuity to the public use, with adequate provisions for the control, construction and maintenance of the same. Lands proposed to be dedicated to public use cannot be considered as meeting these requirements unless accepted by legal action of the affected unit of government.

(e) Spacing Requirements. The minimum distance between principal structures, on the same lot, and perimeter development boundaries shall be no less than the height of the tallest structure as applicable. In no case shall the setback form the boundary be less than twenty-five feet (25').

ARTICLE VIII. ADMINISTRATION

DIVISION 1. ZONING BOARD

SECTION 23-54. ZONING BOARD ESTABLISHED.

A zoning board is hereby established. Said board shall consist of seven (7) members, each to be appointed by the city council. The first (1st) appointment may be for one (1), two (2) or three (3) years. The board shall elect a chairman from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs. A quorum shall consist of three (3) members. The board shall appoint a minimum of three (3) members or community representatives who shall serve as the Historic Preservation Commission of the City of Kemmerer. The commission shall appoint a chairman, shall appoint a secretary to record actions of the commission, and shall prescribe rules for the conduct of its affairs. Each member of the commission shall attend at least one informational or educational meeting sponsored by the Wyoming State Historic Preservation Officer that pertains to the work and functions of the commission or to historic preservation during the member’s first year as a commission member. The commission shall serve separately from and in an advisory capacity to the full zoning board regarding the powers and duties listed in Section 23-55(I) of this code.

SECTION 23-55. POWERS AND DUTIES.

The zoning board shall have all powers and duties prescribed by law, and by this ordinance, which are more particularly specified but not limited as follows:

(a) Interpretation. Upon appeal from a decision by the city engineer or other administrative office, to decide any question involving the interpretation of any provision of this ordinance including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

(b) Permitted and Special Permitted Uses. To issue permits and special permits for any of the uses for which this ordinance requires the obtaining of such permits from the zoning board. In granting any permit, the board shall prescribe any conditions that it deems to be necessary to or desirable for the public interest. However, no such permit shall be granted by the zoning board unless it finds:

(1) That the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this ordinance. In determining its findings the board 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.

(1) The zoning board shall have power to grant a variance from the strict application of the regulations of this ordinance where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the regulations of this ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of such property.

(2) Any variance granted by the zoning board pursuant to the provisions of this section, shall be construed to be nonconforming.

(3) Every variance granted by the zoning board shall be based upon and accompanied by a specific finding or findings, supported by evidence to the effect that the exceptional circumstances of the particular hardship in the way of carrying out the strict application of the regulations of this ordinance.

(d) Enforcement Responsibility.

(1) It shall be the responsibility of the zoning officer of the City of Kemmerer to administer the provisions of this ordinance. The zoning officer shall be appointed by the city administrator.

(2) The zoning officer (or his deputy) shall have the authority and responsibility to enter upon any public or private premises and make inspection thereof at any reasonable time, and for any proper purpose in enforcing this ordinance. Further, upon reasonable cause or question as to proper compliance, to revoke any permit and issue cease and desist orders requiring the cessation of any

building, moving, alteration or use which is in violation of the provisions of this ordinance.

(e) Certificates of Occupancy. Upon written request by the owner or his authorized agent, the zoning officer shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of this ordinance, provided that said zoning officer shall find that such building or structure, lot or land is in conformity with the applicable provisions of this ordinance. The zoning officer shall, by site inspection, determine that the provisions of the zoning ordinance have been met prior to issuing a certificate of occupancy.

(f) Records and Reports.

(1) The zoning board shall keep, file and maintain all records regarding application and all actions, notes and minutes of the zoning board related to this ordinance.

(g) Amendments to Zoning Map.

(1) Zoning Board May Amend. The zoning board may on its own initiative, and with approval of the City Council, amend the zoning map.

(2) Petition for Amendment.

(i) Any person, or his agents may file a petition with the zoning board seeking to re-zone any land to more or less restricted district designations, provided the land is adjacent to or directly across a street or alley from property which is already zoned in the same or less restricted zone as that to which the property is to be re-zoned.

(ii) In the event a petition for amendment is denied, the petition shall not be eligible for reconsideration for one (1) year thereafter.

(iii) Each petition hereunder shall be accompanied by a filing fee in the sum of Fifty dollars ($50.00), or such other amount as the city council shall from time to time approve by resolution.

(3) Publication and hearing Required. No amendment to the zoning map shall be approved until after public hearing with thirty (30) days notice of the time, place and purpose published at least one (1) time in a newspaper of general circulation in the city.

(h) Appeals. Any person adversely affected by any order, ruling, act or decision of the zoning officer, within ten (10) days may appeal to the zoning board in accordance with the rules of the board. Any person adversely affected by any order, ruling, act or decision of the zoning board, within ten (10) days may appeal to the city council in accordance with the rules and regulations of the council and the city ordinances.

Upon appeal to the city council, the council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within thirty (30) days after said hearing. Upon the hearing, any party may appear in person or by agent or by attorney.

(i) The Historic Preservation Committee, under the authority of the Zoning Board, shall have powers to:

(1) Conduct cultural resource surveys of structures and areas for the purpose of determining those of architectural, historical, cultural and/or archaeological significance; to maintain and revise detailed listings of significant structures and districts.

(2) Propose to the zoning board and city council criteria for the evaluation and designation of districts, buildings, structures, sites or objects located within the City’s jurisdiction. The criteria should be compatible with the U.S. Department of Interior’s criteria for evaluation of potential entries to the National Register of Historic Places.

(3) Act as an advisory committee on historic preservation issues appropriate to local government agencies, the zoning board and the city council.

(4) Act as an advisory committee to residents and property holders on matters of historic preservation.

(5) Promote historic preservation awareness through a wide range of activities such as walking tours, educational seminars, and published materials.

(6) Retain assistance of staff members or consultants to carry out duties as listed.

(7) Request and receive any appropriate information, cooperation, assistance or studies from any government departments, boards, agencies, or commissions.

(8) The commission, with the assistance of the Wyoming State histroci preservation Office, shall conduct a cultural resource inventory of neighborhoods, commercial and other areas, for the purpose of evaluating each area’s potential for local designation. The Cultural Resource Inventory shall serve as the data base for preservation decisions and possibly as a guide for planning and zoning decisions. The inventory shall be updated periodically to reflect new information. The inventory shall incorporate information about buildings, sites, structures, districts or objects enrolled in, or eligible for, locating in the Nationa Register of Historical Places. A copy of the inventory shall be supplied to the Wyoming State Historic Preservation Officer. The inventory shall be accessible to the public unless access to archaeological or historic information must be restricted for protective purposes pursuant to the Wyoming Public Record Act.

(9) The commission shall review each pending National Register nomination that lies within the boundaries of the City; and comply with all “Rules and

Regulations, Pertaining to the Certification of Local Governments,” as written by the Wyoming State Historical Preservation Officer and approved by the U.S. Department of Interior.

SECTION 23-56. LIABILITY FOR DAMAGES.

This ordinance shall not be construed to hold the City of Kemmerer responsible for any damage to persons or property by reason of the inspection or re-inspection authorized herein or failure to inspect or re-inspect or by reason of issuing a certificate of occupancy, or in the administration and enforcement of this ordinance.

ARTICLE IX. MISCELLANEOUS

SECTION 23-57. RELATION TO OTHER ORDINANCES.

(a) Where this ordinance conflicts with or imposes a greater restriction than imposed or required by such other provisions of laws, ordinances, covenants or agreements, the provisions o this ordinance shall control.

(b) Where this ordinance conflicts with other ordinances or laws, or where this ordinance imposes greater standards and restrictions than other ordinances and laws, the provisions of this ordinance shall control.

(c) Where the provisions of any other law or ordinance or regulation impose a greater restriction than this ordinance, the provisions of such other law or ordinance or regulation shall control.

(d) No provisions contained in this ordinance shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down or officially mapped.

SECTION 23-58. SEVERABILITY.

If any article, section, subsection, paragraph, clause, phrase or provision of this ordinance or the location of any district boundary shown on the zoning map that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance or zoning map as a whole or any part or provision hereof other than the part so adjudged to be invalid or unconstitutional.

SECTION 23-59. REPEAL.

All zoning ordinances of the City of Kemmerer heretofore enacted, specifically Chapter 23 of the City Code of the City of Kemmerer, are hereby repealed.

SECTION 23-60. PERMIT PROCEDURE FOR GROUNDWATER WELLS.

(a) It shall be unlawful and a misdemeanor for any person acting for himself or acting as agent, servant, employee, subcontractor or independent contractor or any other person to commence to drill a water well or re-enter any abandoned water well in order to bring said abandoned water well into production within this city, or to work upon or assist in any way in the production or operation of any such water well, without a

permit having first been issued by the authority of the city engineer in accordance with this ordinance. Any permit issued pursuant thereto shall be transferred on after obtaining the express written consent of the city council.

(b) Every application for a permit to drill a water well or to re-enter an abandoned water well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf. Such application shall contain the name and post office address of applicant or applicants, the nature of the proposed well or other means of obtaining underground water, the depth to the water table, if known, the size, type, description and estimated depth of the proposed well, a description of power, the estimated capacity in gallons per minute, the amount of water applied for, and such other information as the city engineer may require. the application shall be filed with the city engineer and be accompanied by a filing fee, the amount of which shall be determined by resolution of the city council and which may, from time to time, be adjusted by the city council.

(c) An application for a permit for a well shall be granted if the city engineer finds that the proposed means of diversion and construction are adequate. If the city engineer finds that to grant the application would not be in city's water interest, or would violate any city, state or federal rules or regulations, then he may deny the application subject to review at the next meeting of the city council. If the city engineer shall find that the proposed means of diversion or construction are inadequate, or if the application is otherwise defective, he may return the application for correction. If such correction is not made within ninety (90) days, the city engineer may cancel the application. The city engineer shall have the power to revoke any permit granted if he should determine that subsequent to drilling, violations of city, state or federal rules or regulations have occurred.

(d) In the event water is pumped for domestic purposes, the property owner shall, at his own expense, be permanently disconnected from the city's water system.

(e) Any resumption of city water services shall be at the sole expense of the property owner.

(f) Any violation of this ordinance shall be deemed a misdemeanor punishable by no more than ninety (90) days in jail and/or the maximum fine allowed by law, together with full restitution to the city and/or property owner for damaged property.

(g) This ordinance shall not apply to, and there is specifically exempted from the provisions hereof, any well that was in existence and operating at the time of passage of this ordinance.

ARTICLE X. FLOOD DAMAGE PREVENTION

SECTION 23-61. STATUTORY AUTHORIZATION.

The legislature of the State of Wyoming has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Kemmerer, Wyoming does ordain as follows:

SECTION 23-62. FINDING OF FACT.

(a) The flood hazard areas of the City of Kemmerer are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other area. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

SECTION 23-63. STATE OF PURPOSE.

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(a) To protect human life and health;

(b) To minimize expenditure of public money for costly flood control projects;

(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(f) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

SECTION 23-64. METHODS OF REDUCING FLOOD LOSSES.

In order to accomplish its purposes, this ordinance includes methods and provisions for:

(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood water;

(d) Controlling filling, grading, dredging, and other development which may increase flood damage; and,

(e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas.

SECTION 23-65. DEFINITIONS.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

Appeal means a request for a review of the Building Inspector's interpretation of any provision of this ordinance or a request for a variance.

Area of Special Flood Hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

Base Flood means the flood having a one percent chance of being equalled or exceeded in any given year.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters and/or

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided by the Federal Emergency Management Agency that includes flood, profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New Construction means structures for which the "start of construction" commenced on or after the effective date of this ordinance.

Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction

does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of

the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building or mobile home that is principally above ground.

Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) before the improvement or repair is started, or

(b) if the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

(b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

SECTION 23-66. LANDS TO WHICH THIS ORDINANCE APPLIES.

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Kemmerer.

SECTION 23-67. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

The area of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Kemmerer", dated February, 1978 with an accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at Kemmerer City Hall.

SECTION 23-68. COMPLIANCE.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION 23-69. INTERPRETATION.

In the interpretation and application of this ordinance, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and,

SECTION 23-70. WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of City of Kemmerer, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under.

SECTION 23-71. ESTABLISHMENT OF DEVELOPMENT PERMIT.

A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 23-82. Application for a Development Permit shall be made on forms furnished by the City of Kemmerer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

Specifically, the following information is required:

(a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any structure has been floodproofed:

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 23-89 SPECIFIC STANDARDS NONRESIDENTIAL CONSTRUCTION; and,

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

SECTION 23-72. DESIGNATION OF THE BUILDING INSPECTOR.

The Building Inspector is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

SECTION 23-73. DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR.

Duties of the Building Inspector shall include, but not limited to:

Permit Review

(a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 23-89 (Floodways) (1) are met.

Use of Other Base Flood Data

When base flood elevation data has not been provided in accordance with Section 23-82, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation data and floodway available from a federal, state or other source, in order to administer Sections 23-89, SPECIFIC STANDARDS, Residential Construction, and SPECIFIC STANDARDS, Nonresidential Construction.

Information to be Obtained and Maintained

(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(b) For all new or substantially improved floodproofed structures:

(1) verify and record the actual elevation (in relation to mean sea level)

(2) maintain the floodproofing certifications required in Section 23-86 (3)

Alteration of Watercourses

(a) Notify adjacent communities and the Wyoming Emergency Management Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

Interpretation of FIRM Boundaries

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 23-88 VARIANCE PROCEDURE.

VARIANCE PROCEDURE:

(a) Appeal Board

(1) The Zoning Board as established by the City of Kemmerer shall hear and decide appeals and requests for variances from the requirements of this ordinance.

(2) The Zoning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this ordinance.

(3) Those aggrieved by the decision of the Zoning Board, or any taxpayer, may appeal such decision to the City Council and then to the Third Judicial Court [as provided by State of Wyoming statutes].

(4) In passing upon such applications, the Zoning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

(i) the danger that materials may be swept onto other lands to the injury of others;

(ii) the danger to life and property due to flooding or erosion damage;

(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iv) the importance of the services provided by the proposed facility to the community;

(v) the necessity to the facility of a waterfront location, where applicable;

(vi) the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

(vii) the compatibility of the proposed use with existing and anticipated development;

(viii) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;

(x) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

(xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(5) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 23-88 VARIANCE PROCEDURE (4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(6) Upon consideration of the factors of Section 23-88 VARIANCE PROCEDURE (4) and the purposes of this ordinance, the Zoning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(7) The Building Inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(b) Conditions for Variances

(1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(2) Variances shall not be issued within any designation floodway if any increase in flood levels during the base flood discharge would result.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances shall only be issued upon:

(i) a showing of good and sufficient cause;

(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii) a determination that failure to grant the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 23-86, or conflict with existing local laws or ordinances.

(5) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation.

SECTION 23-74. PROVISIONS FOR FLOOD HAZARD REDUCTION.

GENERAL STANDARDS

In all areas of special flood hazards the following standards are required:

(a) Anchoring

(1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure.

(2) All manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement and capable of resisting the hydrostatic and

hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This

requirement is in addition to applicable State and local anchoring requirement for resisting wind forces. Specific requirements may be:

(i) over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;

(ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

(iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(iv) any additions to the manufactured home be similarly anchored.

(b) Construction Materials and Methods

(1) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(1) All new and replacement water supply system shall be designed to minimize or eliminate infiltration of flood waters into the system.

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d) Subdivision Proposals

(1) All subdivisions proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less).

SPECIFIC STANDARDS

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 23-82 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 23-88, Use of Other Base Flood Data, the following provisions are required:

(a) Residential Construction

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

(b) Nonresidential Construction

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or together with attendant utility and sanitary facilities, shall:

(1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 23-88, INFORMATION TO BE OBTAINED AND MAINTAINED (2).

(1) Manufactured homes shall be anchored in accordance with Section 23-89 (2).

(2) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system.

FLOODWAYS

Located within areas of special flood hazard established in Section 23-82 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development including manufactured homes, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) If section 23-89 FLOODWAYS (1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 23-89 PROVISIONS FOR FLOOD HAZARD REDUCTION.

ARTICLE XI. WIND ENERGY

23-75. PURPOSE.

It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems within the City of Kemmerer.

23-76. FINDINGS.

The City of Kemmerer finds that wind is a renewable alternative, nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources.

23-77. DEFINITION OF TERMS.

Battery: A combination of one or more electrochemical Galvanic cells which store chemical energy that can be converted into electric potential energy.

Decibel: A logarithmic unit of measurement that expresses the magnitude of a physical quantity (usually power or intensity) relative to a specified or implied reference level.

Guy-wire: A tensioned cable designed to add stability to structures.

Inverter: A device that connects direct current (DC) to alternating current (AC).

Renewable Energy: Energy generated from natural resources such as sunlight, wind, rain, and geothermal heat.

Small Wind Energy Systems: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 25 kilowatts and which is intended to primarily reduce on-site consumption of utility power.

Tower Height: The height above grade of the fixed portion of the tower to the tip of the top blade.

Wind Farm: One or more wind turbines in the same location whose sole purpose is the production of electric power for off-site sale.

23-78. DESIGN STANDARDS.

Appearance: The wind generator and tower shall remain painted. The colors shall be white, off-white, gray, or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.

Battery Storage: The storage and containment of batteries shall meet EPA and DEQ requirements.

System Maintenance: The owner shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures. Inspections shall be required and documented every year by a Wyoming certified and licensed engineer or electrician. A copy of said inspection shall be given to the City Building Inspector.

Minimum Height: The minimum height for a wind powered generator shall not be less than 15 feet from ground to tip of bottom blade.

Noise: Small wind energy systems shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

Roof Mounted Towers: Roof mounted wind towers shall not exceed 10 feet above the peak of the roof.

Setback: All small wind generated systems shall be setback from the lot line 1.5 times the height of the tower. Setback shall be measured from lot line to closest protruding point of tower.

Exception: Roof mounted wind generating systems shall meet all required home setbacks for the zone in which they are erected.

Tower Height: For property sizes up to 5 acres the tower height shall not exceed 42 feet from ground to tip of the top blade. For property sizes above 5 acres the tower height shall not exceed 80 feet from ground to tip of the top blade. Roof mounted wind turbines shall not exceed 10 feet above the peak of the roof.

Wind Turbines: Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.

Roof Mounted Wind Turbines: With the installation of roof mounted wind turbines the roof shall maintain the required 40# snow load. Additional permits may be required if the structural integrity of the roof needs modification.

Compliance with International Building Codes: Building permit applications for renewable energy systems shall be accompanied by standard drawings showing compliance with the International Building Code. All submitted drawings shall be certified by a Wyoming licensed professional engineer.

Compliance with National Electric Code: Building permit applications for renewable energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. All installations shall be inspected by the State of Wyoming Electrical Inspector for compliance and a certificate of that inspection shall be provided to the City Building Inspector before the small wind energy system is put into operation.

Compliance with FAA Regulations: Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

Utility Notification: As part of the permit application no small wind energy system shall be allowed until written evidence has been given to the Building Inspector that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off grid systems shall be exempt from this requirement.

23-79. PERMIT PROCESS.

Permitted Use: Small wind energy systems shall be a permitted use in all zoning classifications where structures are allowed subject to certain requirements as set forth below:

*File an application with the Zoning Board

*Provide proof of ownership for property

*Site Plan

*Written evidence from the utility company for intent

Site Standards:

(1) In no case shall a land owner have more than 3 wind generating turbines on said accumulated property.

(2) All towers for wind generators shall be of monopole design. In no case shall guy wires be allowed for support.

(3) No accessories shall be attached to the monopole.

(4) No renewable energy systems shall be permitted if the sole purpose is to sell the power back to the power company.

23-80. ABANDONED ACCESSORIES.

A. Any Small Wind Energy Conversion System that is not operated on a functional basis for a period of six (6) consecutive months shall be deemed abandoned. The City of Kemmerer may order the repair or removal of said Small Wind Energy Conversion System, in accordance with these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after thirty (30) days from the date of notification, the City may remove the system at the owner’s expense.

B. The City shall attempt to notify any such applicant, owner, or other person responsible for the facility of such action at least forty-eight hours prior to entering the property. The City reserves the right to enter upon and disconnect, dismantle or otherwise remove any Small Wind Energy Conversion System, or hire someone to take such action, should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the City Administrator or his designee, such as natural or man-made disasters or accidents, when the applicant, owner, or other person responsible for the facility is not available to immediately remedy the hazard. No advance notice is required if such emergency shall exist. The applicant, owner, or other person responsible for the facility shall reimburse the City for all costs incurred for action taken pursuant to this Section.

C. Should the City utilize the services of an attorney under this section the City shall be entitled to collect or be reimbursed by the applicant, owner, or person responsible for the facility for all attorney‘s fees and costs incurred associated with enforcement action.

D. Action under this Section, whether in a court of law or otherwise shall not be held to prevent a criminal prosecution as provided in Section 9 as a remedy under this Section is not exclusive.

23-81. SAVING CLAUSE.

Nothing in this chapter or in the Wind Energy code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this chapter.

23-82. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.

23-83. PENALTY.

(a) Any person who shall violate any provision of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

Kemmerer Main Street
Around Town
Fossil Fest
Oyster Ridge

Main Street Logo

The Kemmerer City Council is seeking individuals to serve on the Kemmerer Main Street Committee to assist them in revitalization of the downtown area. In December of 2009 the City of Kemmerer was selected as an "Aspiring Community" by the Wyoming Main Street program. This committee will focus on the development and implementation four areas that make the Main Street program successful. Those areas are: Design, Organization, Economic Restructuring and Promotion.

The success of the program is dependent upon the citizens of the community participating in the revitalization of the down town. You can participate by filling out the application and submitting it to the Kemmerer City Hall.

Click here to download the application.

Check out the Kemmerer/Diamonville Chamber of Commerce website for area attractions, local businesses, and a calendar of happenings around town. Click here for more: http://www.kemmererchamber.com/

The entire community celebrates Fossil Fest in early July each year! Keep an eye on the Fossil Fest website http://www.fossilfest.org/ for more information as it becomes available.

Oyster Ridge Music Festival 2010 was a great success. Planning for 2011 is already under way! Plan to visit Kemmerer at the end of July! Check out the latest information at the Oyster Ridge's website: http://oysterridgemusicfestival.com/