Zoning & Planning - Town Code, Chapter 8
This a condensed version of Chapter 27, Zoning and Planning, and can be seen in its entirety at the Midwest Town Hall.
CHAPTER 27
ZONING
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PORTION OF A LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY AND POPULATION AND THE LOCATION AND USE OF INDUSTRY, RESIDENCE OR OTHER PURPOSES, AND ESTABLISHING THE BOUNDARIES THEREOF, PROVIDING FOR CHANGES IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF SUCH DISTRICT; DEFINING CERTAIN TERMS USED HEREIN, AND ADOPTING A DISTRICT MAP INDICATING EACH ZONING DISTRICT; AMENDING CHAPTER 27 AND ALL AMENDMENTS THERETO; PROVIDING FOR ENFORCEMENT, AND ESTABLISHING A BOARD OF ADJUSTMENT AND PLANNING AND ZONING COMMISSION AND IMPOSING PENALTIES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF MIDWEST, NATRONA COUNTY, WYOMING:
ARTICLE I PURPOSE AND TITLE
Section 27-1 Purpose and Title.
1.1 Purpose - In accordance with authority granted to the Town by Sections 15-1-7-1 and 15-1-602, Wyoming Statutes, 1977, and amendments thereto, the Town has established this Ordinance for the promotion of the health, safety and general welfare of the community, in accordance with the Land Use Plan. It is designed to lessen congestion in the streets, to ensure safety from fire and other dangers, to promote health and general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the provision for transportation, schools, parks, and other public requirements and foster preservation of historical sites. These regulations have been made with reasonable consideration, among other things, to the character of the district and its particular suitability for particular uses, with a view to conserving and improving the living quality of buildings and encouraging the most appropriate use of lands throughout the Town of Midwest.
1.2 Title - This Ordinance shall be known, referred to and cited as the Zoning Ordinance and will hereafter be referred to as "Ordinance".
Article III General
Section 27-17 Procedure for Variances, Exceptions, Conditional Uses, Appeals and Granting Exceptions.
17.1 The Commission shall hold a public hearing on all applications submitted by owner of private or public real property for variances, exceptions, conditional uses and appeals. The following special conditions are required:
A. Petitions for variances, exceptions, or conditional uses to this Ordinance must be signed by 50 percent of the owners of private real property within a 300 foot radius of the real property affected. The petition must be in the office of the Mayor at least 15 days prior to the meeting of the Commission.
B. Upon receipt of petitions for variances, exceptions or conditional uses to this Ordinance, the Commission shall mail a written notice of the hearing at least seven days prior to the hearing date to the applicant and to all owners of private property within 300 feet of the radius of the real property in question. Failure to notify every property owner due to clerical oversight of failure of mail delivery shall not affect the validity of the hearing or determination of the Commission.
C. In the event that a public entity is the owner of 50% percent of the land within the radius of 300 feet of the subject property it may directly petition the Commission for said variance, exception or conditional use. However, the owners of adjacent property shall be notified as provided in Section 17.1 B of this Ordinance.
D. Upon receipt of petitions for variances or conditional uses to this chapter, the Commission shall cause a sign to be posted on the property affected at least seven days before the hearing such sign to be readable from public roadways and containing the following information:
1. Case number and zone affected.
2. Nature of variance, exception or conditional use requested.
3. Date and place of public hearing.
4. The location of a public office where additional information can be obtained.
E. A fee of $5.00, as established by Council resolution, shall be paid by the applicant.
F. Unless otherwise stated in the Commission minutes, all variance and conditional use permits shall be valid for a period of one year.
G. Appeals from decisions of the Commission shall be in accordance with the Administrative Procedures Act of the state.
Section 27-18 Conditional Use Permits.
18.1 No premises or building shall be constructed or used with in any zoning district as a conditional use until the owner has obtained a conditional use permit from the Commission.
18.2 Conditional use permit applicants" shall follow procedures for granting of variances outlined in Section 27-17 of this Ordinance
18.3 All requirements and regulations of Section 27-17 shall apply to conditional use permits.
Section 27-20 Building Permits.
20.1 No permit shall be issued by the Mayor or his or her designated appointee for the excavation or erection of a building, or part of a building, or for repairs to or alteration of, or moving a building or part of a building or for the use of any premises, until after a statement of its intended use has been filed by the applicant and unless the plans and intended use indicate that the building and premises are to conform in all respects to the provisions of this chapter, or unless such proposed building or use shall have been duly authorized by the Council. A building permit fee of $5.00 is due upon receipt of the permit. Permits will be valid for one year from issuance date.
20.2 All applications for building permits shall be accompanied by a plat in duplicate showing the lot to be built upon, the location of the building on the lot, accurate dimensions of building and lot, with only approved building materials being used. An original copy of such applications and plat shall be kept in the office of the Town Clerk and a duplicate copy shall be kept at the building at all times during construction. The Mayor or his or her designated appointee shall require that the lot lines be defined on the ground before construction of, or excavation for a building is commenced.
ARTICLE IV MOBILE AND MODULAR HOMES
Section 27-22 Mobile Home parks.
22.1 Intent - The intent of the R-6 District is to establish and preserve a mobile home park free from other uses except those which are both compatible with and convenient to the residents within the District.
22.2 Permitted Uses - In an R-6 District no building or premises shall be used and no building shall be erected or structurally altered except for one or more of the following uses:
A. Accessory building and uses.
B. Independent and dependent mobile homes.
C. Service building.
22.3 Minimum Standards
A. Lot Area
1. Independent and dependent mobile spaces, 3,500 square feet.
B. Lot Width - Lot width, 35 feet.
C. Yard Requirements
1. Distance between the curb line of any public street or highway and the front or side of a mobile home shall not be less than 25 feet.
2. Rear yard, 25 feet.
3. Side yard, 5 feet.
22.4 Supplementary and Bulk Regulations
A. Any restrictions, requirements or provisions set forth in general or special standards governing mobile home parks as adopted by the Wyoming Department of Health and Social Services.
B. Any mobile home located within this zoning district shall possess a written certification by an approved quality control agency stating that said mobile home meets the standards of ANSI (American National Standards Institute) Bulletin #A119.1, 1973, as amended and in NFPA (National Fire Protection Association) and amendments thereto as adopted by the Town of Midwest. Any mobile home manufactured prior to 1973 in accordance with ANSI and/or NFPA standards possessing a certificate shall be deemed in compliance.
C. No part of an area or width required for the purpose of complying with the provisions of this Ordinance shall be included as an area or width required for another lot.
22.5 Plans and Specifications
A. No persons shall construct a mobile home park as defined in this section without prior written approval of the building official, Health Officer and the Wyoming Department of Environmental Quality. Two complete copies of the plans and specifications for all phases of the construction of the proposed mobile home park shall be submitted to the building official with at least one set being forwarded to the Town Clerk. One copy shall be submitted to the Division of Health and Medical Environmental Surveillance and the Wyoming Department of Environmental Quality at least 60 days prior to construction. Plans and specifications shall include:
1. The area dimensions and boundaries of the mobile home park site, including elevations and all details of water and sewage systems, locations, including the size of water and sewer lines, etc.
2. Location, size and horizontal separation and type of materials used for the proposed water and sewer lines is required. A detailed typical sectional drawing is required of a water and sewer connection. (Stop and waste valve installations are prohibited).
3. The location and termination of storm sewer and/or catch basins.
4. The number, location, size and designated use of all unit spaces.
5. Information relating to recreational facilities.
6. Information relating to the fencing of individual unit spaces.
7. The location, width and type of surface material for roadways and walkways.
8. The location of service building, if provided, and any other proposed structures, including storage buildings and garbage or trash collection stations.
9. Preliminary plans and specifications of the water sources. (All plastic tubing shall bear the seal NSF).
10. A statement of compliance with local building, zoning and health approvals shall accompany the plans. Construction shall not deviate from the permitted plans and specifications without proper documentation and approval by the building official, Health Officer and the Wyoming Department of Environmental Quality.
11. Owner has to have a permit to construct from the Wyoming Department of Environmental Quality prior to construction for public water supply, sewage or solid waste system.
22.6 Site Provisions
A. All mobile home parks shall be well drained.
B. All driveways and walkways within the mobile home park shall be hard surfaces and lighted with 7,000 lumen horizontal mercury vapor streetlights on metal poles, mounted on concrete structures and spaced at intervals not exceeding 300 feet.
C. Each unit space shall abut on a minor residential street with a 50 foot right-of-way. Said street shall be constructed to current Town standards.
D. No greater number of mobile homes shall be allowed than there are unit spaces available. A special parking area containing one-half parking space per unit shall be provided for recreational vehicles.
E. Each sewer service shall be installed in compliance with all applicable codes, the Town of Midwest and the regulations of the Wyoming Department of Environmental Quality that are in effect at the time the mobile home park is constructed.
F. A minimum of 100 amp electrical service shall be provided to each mobile home space with construction, installation and materials meeting the design criteria of the current issue of the National Electric Code as adopted by the Town of Midwest.
G. All gas piping and plumbing shall meet the requirements of the most recent issue of the Uniform Plumbing Code as adopted by the Town of Midwest.
H. Mobile home parks shall provided a landscaped area at least 20 feet in depth along the property boundary line separating the development from adjacent zoning districts. The landscaped area shall be approved by the Mayor or his or her designated appointee.
I. An inspection shall be made of each mobile home connecting to utilities within a period of 72 hours after initial contract. It shall be the responsibility of the mobile home park owner or the party upon whose land the mobile home is situated to initiate such call to the office of the Town Clerk for each inspection.
J. Skirting shall be placed around each mobile home. The skirting shall be equipped with doors or access panels to permit access to utility connections Skirting shall be weather proof, rigid, durable, fire resistant material and finished in a manner compatible with the appearance of the mobile home. The skirting must be in place within 90 days after the mobile home is located on the mobile home space.
K. Jacks or stabilizers located on approved concrete footing shall be placed under the frame of the mobile home to prevent movement of the springs while the mobile home is parked and occupied.
L. All mobile homes shall have tie downs approved by the Mayor or his or her designated appointee.
M. Unless the tie down system is designed by a registered professional engineer or architect, tie downs shall be placed as follows:
1. Nonhurricane zone: Not more than 24 feet on center beginning from the front wall (first stud and/or first cross member). Not more than 6 feet open-end spacing shall be provided at the rear wall of the mobile home unless additional tie downs are installed.
2. Tie downs exposed to weathering shall be resistant to weathering deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 ounces per square foot of surface coated. (Type 1, Class B, Grade, steel strapping, 1-1/4 inches wide and 0.35 inches thick, conforming with Federal specifications Q Q-S 781-F is judged with this section for mobile home standards ANSI No. A119.1).
N. All water and sewer lines shall have a minimum horizontal and vertical separation as required by the applicable codes of the Town of Midwest and the regulations of the Wyoming Department of Environmental Quality that are in effect at the time the mobile park is constructed.
1. Non compliance of permit shall be a violation of the penalty provision of Chapter III of the Environmental Quality Act.
22.7 Sewage Disposal
A. The method of final liquid waste disposal shall be by connection to a municipal or district disposal system. Systems shall be approved by the County Health Officer and the Wyoming Department of Environmental Quality.
22.8 Refuse Disposal
A. A minimum of one 30 gallon refuse container shall be provided within 100 feet of each unit space and shall be provided with protection from animals, rodents and insects.
22.9 Inspection
A. All recommendations of the Town or County Fire Inspector shall be strictly adhered to. Lack of compliance with Town Fire Regulations shall be deemed sufficient cause for revocation of permit.
22.10 License Permit Required
A. It shall be unlawful for any person to operate a mobile home park in the Town of Midwest who does not possess a valid permit from the County Health Officer and the Town of Midwest. Said permit shall be posted in the office of the resident manager.
B. Any persons or corporation desiring to operate a mobile home park shall make written application for a permit on a form provided by the Wyoming Department of Health and Social Services and the Council 60 days prior to construction.
C. Permits are not transferable from one person to another or to different locations.
D. A permit may be temporarily suspended by the Wyoming Department of Health and Social Services, County Health Officer or Council upon violation of any of the terms of this section or revoked after an opportunity for a hearing by the Wyoming Department of Health and Social Services, County Health Officer or Council. All hearings provided for in this section shall be conducted in accordance by the Administrative Procedures Act at the time and place designated by the Council.
E. A mobile home permit may be temporarily suspended for 30 days for noncompliance with the standards. The permit shall be revoked after 30 days of noncompliance.
F. Reinstatement of permit - Any owner of a mobile home park of which has been suspended may at any time make an application for the reinstatement of the permit.
G. A permit fee of $5.00, as established by Town Resolution for each mobile home shall be paid to the Town at the time the permit is issued.
22.12 Fences, Walls and Hedges
A. Fences, walls and hedges are permitted in this district in accordance with the following limitations:
1. A fence, wall or hedge located between the front building line and the rear lot line limited to a maximum height of 6 feet on side and rear yards, 4 foot in front. 6 foot fences will be allowed in front yards if they do not restrict visibility; unless said hedge, fence or wall is on corner lot then section 27-22.12-C will apply.
B. Any fences, hedges or wall constructed between the street and the front building line shall not exceed 4 feet in height the Commission may waive or modify the foregoing requirements where cause can be shown that no useful purpose would be served and said modification meets public safety requirements.
C. At any corner formed by intersecting streets, it shall be unlawful to install any fence or wall or set out any hedges or shrubbery, natural growth or other obstruction within that triangle formed by the center line of the intersecting streets or alleys drawn from a distance of 25 feet with a line drawn to form a right triangle. The foregoing provisions shall not apply to fences, walls or hedges of a height less than 33 inches above the established grade.
D. Tree branches which overhang the public sidewalks shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree branches which overhang the public street shall be kept trimmed to a height of not less than 14 feet.
E. No fence or wall shall be constructed or modified without the owner first obtaining a fence building permit from the Mayor or his or her designated appointee.
F. A fence conforming to the physical requirements of this section, may be constructed to the street right-of-way of any lot only after a permit to construct such a fence has been issued by the Mayor or his or her designated appointee.
G. Any electrically charged fence, barbed wire or sharp pointed metal fence must be approved by the Commission.
50.3 Mobile and Modular homes shall be permitted with the following requirements.
A. No mobile or modular home shall be permitted unless it contains a minimum of 700 square feet usable living space within the mobile or modular home itself.
B. No mobile or modular home shall be permitted unless it is newer than five (5) years old at the time of placement. If variance is requested, application must be accompanied with a photograph and documentation of exact age of home. Inspection may be called for by the Mayor or his designee.
C. All mobile and modular homes must have all removable equipment such as tires and tongues removed within sixty (60)days of placement.
D. All mobile and modular homes must be skirted with approved materials within sixty days of placement.
ARTICLE VIII DISTRICT R-2 ONE UNIT RESIDENTIAL
Section 27-48 Intent
48.1 The intent of the R-2 District is to establish and preserve a single unit residential neighborhood, free from other uses except those which are compatible with and convenient to the residents of such a district.
Section 27-49 Permitted Uses
49.1 In an R-2 Residential District, no building or premises shall be used and no building shall be erected or structurally altered except for one or more of the following uses:
A. Accessory building and uses.
B. Day care center group (special use permit only).
C. Day care center, infant (special use permit only).
D. Day care home, family.
E. Day care home, group (special use permit only).
F. Parks, playgrounds, historical sites, golf courses and other similar recreational facilities.
G. Residential, single unit dwellings.
H. Schools, public and private including elementary junior and senior high schools.
I. Mobile or modular homes.
Section 27-50 Minimum Standards
50.1 Lot Area
A. Single unit dwelling shall not be less than 6,OCC square feet.
B. Elementary school, 5 acres.
C. Junior high school, 20 acres.
D. Senior high school, 40 acres.
50.2 Yard Requirements
C. The distances between buildings on adjacent lots shall not be less than 10 feet, however under no circumstances shall a building be located closer than 10 feet from the rear property lines, 3 feet from the front property line and 5 feet on both side yards.
E. Front setback for schools, 40 feet.
F. Side and rear yard for schools shall not be less than 120 feet with the outer 20 feet reserved for landscaping and excluded from play.
Section 27-51 Supplementary and Bulk Regulations
51.1 No part of an area or width required for the purpose of complying with the provisions of this Ordinance shall be included as an area or width required for another lot.
51.2 Cornices, coves or similar architectural features not exceeding 1 foot 0 inches shall not be considered as a part of the building.
51.3 The side yard along the street side of a normal corner lot shall not be less than 15 feet.
51.4 On a reverse corner lot, the front yard shall not be less than 25 feet, the rear yard 15 feet and the street side, side yard, 25 feet.
51.5 The yard requirements for one building shall not be substituted as yard requirements for another building.
51.6 On a through lot, the minimum front and rear yards shall be 25 feet.
Section 27-52 Special Use Permits (Day Care).
52.1 Only persons holding a current certificate may apply for a special use permit. Any person holding a current certificate may file an application for a special use permit to operate a child caring facility with the Town Clerk setting forth the following:
A. The person's name.
B. Certificate number or other identifying information.
C. Location of the child caring facility.
D. The type of child caring facility.
E. Number of children to be cared for.
F. Whether the locations is fenced.
G. If food will be served.
52.2 The Council will set the application for public hearing and shall notify the owners of land within 300 feet of the location of the filing of the application and the day of the hearing and that any objections must be in writing.
52.3 The Council shall set the matter for public hearing. After the hearing on the application, the Council may issue a special use permit with any special use restrictions placed thereon. If there is a protest against the issuance of the permit, signed by the owners of 20 percent or more of the lots immediately adjacent to the location within a distance of 140 feet, the permit may be issued only upon the affirmative vote of three-fourths of all the members of the governing body. In determining the 140 feet, the width of any intervening street or alley may not be included.
52.4 A special use permit issued pursuant hereto shall be valid for a period of one year and shall be automatically terminated if the certificate shall expire, be revoked or otherwise be no longer in force or effect. Any person holding a special use permit shall make application annually for its renewal within 30 days of its expiration. The Council may, at its discretion set the application for renewal, for public hearing or may without other further procedures, grant the renewal.
Section 27-53 Off Street Parking
53.3 Off Street Parking Requirements
G. Residential:
1. Two parking spaces per single unit dwelling.
2. Parking areas in front of unoccupied residences are considered public parking, but access to the premises must be readily accessible and free from obstruction.
3. Vehicles must be parked in such a manner as not to obstruct the sidewalks, hang over the curb or obstruct traffic.
4. All water shutoff valves located in parking areas must have unobstructed access.