Chapter 18.05
GENERAL PROVISIONS
Sections:
18.05.020 Authority and jurisdiction.
18.05.030 Land use districts and maps established – Amendment of maps.
18.05.050 Interpretation of conflicting provisions.
18.05.090 Building inspector and planner.
18.05.100 Enforcement, violations and penalty.
18.05.010 Title.
This chapter shall be known and may be cited as “the Wheatland Development Code.” [Ord. 419 Ch. 1 § 1, 1976. 1996 Code § 7-1.]
18.05.020 Authority and jurisdiction.
The provisions of this chapter are authorized by state law and shall apply to all land use within the town limits. [Ord. 419 Ch. 1 § 2, 1976. 1996 Code § 7-2.]
18.05.030 Land use districts and maps established – Amendment of maps.
The boundaries of the land use districts hereby established are shown on the map entitled “Official Land Use District Maps of Wheatland, Wyoming,” and are hereby made a part of this chapter.
Land use districts are hereby established as set forth in the land use district map and WMC Title 17.
The planning office shall be responsible for modifying the official land use district map and duly noting the revision both in its records and upon the official land use district map.
All amendments to the land use district maps, including subdivisions of land, shall be recorded by the planning office within 10 working days of the effective date of amendment. [Ord. 419 Ch. 1 § 3, Ch. 3 § 3, 1976. 1996 Code § 7-3.]
18.05.040 Purpose.
The purpose of this chapter is to:
(a) Secure equitable handling of all petitions by providing uniform procedures and standards;
(b) Lessen the congestion on streets;
(c) Provide adequate light, air and space to prevent and fight fires;
(d) Avoid undue congestion of population;
(e) Improve housing standards;
(f) Secure protection of the tax base;
(g) Facilitate the adequate provision of transportation, water, wastewater, schools and other public facilities;
(h) Prevent physical hazards for the community, such as flood damage, geologic and soil hazards and aircraft hazards;
(i) Encourage the best location for buildings, structures and land for residence, recreation, commerce, trade, industry, transportation and other uses;
(j) Conserve the environment from noxious, unhealthy and unsightly abuse;
(k) Promote the public health, safety and welfare of the town and its surroundings;
(l) Ensure the land is subdivided into lots that are of adequate size and configuration for the purpose for which they are intended to be used;
(m) Specify the extent to which and manner in which roadways shall be graded and improved and to what extent water, wastewater and other utilities shall be required and installed;
(n) Ensure that structures will harmonize with the physical characteristics of the site;
(o) Protect and conserve the natural resources, preserving the natural vegetation, and promote the natural beauty of the town. [Ord. 419 Ch. 1 § 4, 1976. 1996 Code § 7-4.]
18.05.050 Interpretation of conflicting provisions.
Whenever the provisions of this chapter are found to be inconsistent with any other chapter of this code or other town ordinance, the code provision or ordinance imposing the more restrictive standards shall control. The provisions of this chapter are minimum requirements that do not preclude imposition of more restrictive standards by agreement or by law. [Ord. 419 Ch. 1 § 5, 1976. 1996 Code § 7-5.]
18.05.060 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any definition used in the applicable Wyoming Statutes may be used in this chapter, and if the statutory definitions conflict, the statutory definitions shall govern.
“Accessory building” means a building, structure or use which is clearly incidental or subordinate to the principal use and which is located on the same plot with the primary building structure or use. No residential building, tourist cabin or cottage shall be considered as accessory to any other residential building except as is expressly provided. Any accessory building or structure attached to a primary building or structure is deemed to be part of such primary building or structure in applying the land use controls.
“Advertising device” means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising and having the capacity of being visible from the traveled way of any public road or highway, except any advertising device on a vehicle using the highway. The term “vehicle using the highway” does not include any vehicle parked near such highway for advertising purposes.
“Annexation” means that process of becoming a part of or being encompassed within the legally constituted boundary of the town.
“Board of adjustment” means that entity appointed by the town council as provided by state law.
“Bridges” means structures having a clear span of 20 feet.
“Buffer area” means ground area of the plot in addition to any required side or rear yards, when required, or in addition to any required setback other than from a designated street line, an area which shall be left in its natural state or planted as may be required by an appropriate town agency. Parking, loading, storage or access is not an activity of a buffer area.
“Building development” means the construction or placement of permanent or temporary buildings which constitutes a change in or increase in the use of a parcel of land.
“Building inspector” means the officer charged with the enforcement of this chapter, or his duly authorized representative.
“Camping trailer” means a canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.
“Child care facilities” means day care or other child care centers authorized or not requiring authorization under Wyoming Statutes.
“Compatible use” means the land use that mixes judiciously with dominant land uses and will not detract from the assets of the surrounding dominant land uses.
“Cul-de-sac” means a street open at one end only, and providing at the other end special facilities for the turning around of vehicular traffic.
“Density” means the designated number of dwelling units per gross acre.
“Developer” means any person, including a governmental agency, undertaking any development.
“Development” means any one or combination of the following:
(1) The dividing of land into three or more parcels.
(2) Annexation of a parcel of ground to the town.
(3) A change in type of use of land or a change in use from one development class to another.
(4) The making of any material change in noise levels, thermal conditions or emissions of waste material.
(5) Alteration of a shore bank or floodplain of a stream, river, lake, pond or artificial body of water.
(6) Reestablishment of a use which has been abandoned or suspended for one year regardless of the intended duration of the suspension.
“Dominant land use” means that particular land use that, along with its accessory buildings and uses, can be considered as the primary allowable or present use on a parcel.
“Family” means an individual, or two or more persons related by blood, marriage, adoption, as guardian and ward, or a group of not more than five persons, excluding servants, who need not be so related, living together in a one-family dwelling or in one unit of a two-family or multiple-family dwelling.
“Floodplain” means the relatively flat area or lowlands adjoining the channel or a stream or watercourse and subject to flood water overflow.
“Governing body” means the town council constituting the elected legislative body of the town of Wheatland, including the mayor. The words “town council” or “council” as used in this chapter shall be deemed to mean “governing body.”
“Height” means the vertical distance from the average elevation of the proposed finished grade along the wall of a building (or adjacent to the side of a nonbuilding use) to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or nonbuilding use), except as specifically excepted.
“High water line” means engineering conclusions, based upon historical facts and/or generally accepted engineering principles, represented on a graph or other medium, showing the relationship of the water surface elevation of a flood to the lands surrounding the channel.
“Home occupation” means a profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use in a residence.
“Junkyard” means an area of land, with or without buildings used for or occupied by a deposit, collection or storage, located outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material; or used building material, house furnishings, machinery, vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A deposit or the storage on a plot of two or more wrecked or broken down vehicles or parts of two or more such vehicles for one week or more in a residential district, or for three weeks or more in any other district, shall be deemed to be a junkyard.
“Land use” means the development that has or may occur on land.
“Land use district map” means a map defining land use districts.
“Land use districts” means the geographical area defined in the land use district map which identifies the uses for which the land contained therein may be utilized.
“Light industry” means any branch of trade, production or creative endeavor employing labor and capital in an industrial or manufacturing process which is not noxious or offensive by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibrations whose waste products are not allowed to emerge or accumulate where they will cause discomfort to adjoining property owners or to the public generally.
Lot. See “Parcel.”
“Lot line, front” means a property line separating the narrowest street frontage of the lot from the street right-of-way.
“Mobile home” means a factory-assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation, which is at least eight feet wide and 33 feet long.
“Mobile home park” means a parcel of land upon which three or more mobile homes are harbored for the purpose of being occupied, either free of charge or for revenue purposes, and including any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
“Mobile home subdivision” means a parcel of land subdivided into lots, each lot individually owned and utilized as the site for placement of a single-family mobile home and its facilities.
“Mobile home unit” means the leased or purchased area on which a mobile home is placed. The boundaries of the unit shall be used to measure setbacks.
“Newspaper” means the official newspaper as designated by the governing body of the town.
“Nonconforming building” means any legally existing building which does not conform to the location and bulk regulations of this chapter for the district in which such nonconforming building is located, either at the effective date of the establishment of the district or as a result of subsequent amendments which may be incorporated into this chapter.
“Nonconforming use” means any legally existing use, whether within a building or other structures or on a tract of land, which does not conform to the use regulations for the district in which such nonconforming use is located, either at the effective date of the resolution establishment of the district or as a result of subsequent amendments which may be incorporated into this chapter.
“Open space” means public or private land not planned or used for buildings or structures and reserved for active or passive recreation, scenic vistas or buffer areas.
“Parcel” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit. “Parcel” includes an easement supporting or related to a primary parcel, and also includes “lot.”
“Parking lot” means a yard for the sole purpose of storing motor vehicles which are in legal operating condition.
“Parking space” means the space required to park one motorized vehicle which space shall not be less than 180 square feet in area, exclusive of access drives.
“Person” means any natural person, firm, partnership, association or corporation; but this definition does not include any governmental unit.
“Planning commission” means the entity appointed by the governing body as provided by state law.
“Planning office” means the town planning office.
“Plat” means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk.
(1) “Preliminary plat” means a map showing the preliminary design of a proposed subdivision, together with such information, supporting data and other requirements as are necessary to comply with the provisions of this chapter.
(2) “Final plat” means a map indicating the final design of the proposed subdivision supported by the necessary engineering data and legal documentation.
(3) “Vacation plat” means a map indicating a proposed vacation of a dedicated street, road or easement, or a vacation of a subdivision to raw acreage.
“Primary building” means a building in which is conducted the main or dominant use of the parcel on which such building is situated.
“Property line” means the line which is used to delineate the boundary and location of any parcel of real property.
“Public access” means a publicly dedicated, maintained road constructed into the integral network of town, county, state and federal roadways.
“Public improvements” means all facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose.
“Right-of-way” means the entire dedicated tract or strip of land that is to be used by the public for various road purposes. The length and width of a right-of-way shall be sufficient to provide adequate accommodations for all the physical features to be included in such right-of-way.
“Screen or screening” means a strip at least three feet wide, densely planted, or having equivalent natural growth, with shrubs or trees of a type that will form a year-round dense screen at least six feet high; or an opaque wall or barrier or uniformly painted fence at least six feet high; or any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind wherever located on the site, conditioned or required in any building permit, site plan, subdivision approval, special permit, variance, zone change or other requirements pursuant to this chapter.
“Setback” means the minimum distance between the lot line and a line parallel with that lot line, in which certain development is not permitted.
“Site plan” means a drawing or set of drawings showing the detailed location and layout of major and minor improvements or developmental elements and their relationship to the parcel boundaries and physical features.
“Special permit” means a permit to develop a parcel of land bearing certain conditions and restrictions.
“Specification” means a detailed technical description of the end product and the materials to be used in the development or construction of a project.
“Standards” means a set of standard designs governing development and construction parameters pertaining to specific elements of the development with which uniform compliance by all persons is mandatory.
“Street” means a road, highway or other public or private thoroughfare which affords a primary means of access to abutting property.
“Structure” means anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural or office purposes either temporarily or permanently; and also includes fences, billboards, swimming pools, pipelines, transmission lines and advertising signs.
“Subdivision” means the division of a tract or parcel of land into two or more parts for immediate or future sale or building development.
“Travel trailer” means a vehicle used and so constructed as to permit its being used as a conveyance upon public streets or highways and duly licensable as such, constructed in such a manner as will permit occupancy thereof as a temporary or seasonal dwelling.
“Truck camper” means any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, constructed in such a manner that temporary facilities for dwelling or sleeping are provided upon the frame or bed of such vehicle. Such facilities may either be permanently or temporarily attached.
Unit. See “Mobile home unit.”
“Yard, front” means the shortest distance between the nearest wall of any building and the front lot line.
“Yard, rear” means the area between the foundation of the primary building and the rear lot line. On corner lots the owners have the option of which yard is rear yard and which is side yard.
“Yard, side” means the area between the foundation of the primary building and the side lot lines. On corner lots the owners have the option of which yard is rear yard and which is side yard. [Ord. 717, 2005; Ord. 650 § 3(E)(i), 1996; updated 1995 to reflect Wyoming law; Ord. 419 Ch. 2, Ch. 4 § 11, Ch. 5 § 6, 1976. 1996 Code § 7-6.]
18.05.070 Appeals.
(a) All appeals from decisions of the planning commission shall be made to the board of adjustment. Written appeal shall be given to the planning office within 15 days after the decision of the planning commission.
(b) All cases appealed shall be deemed contested cases and the procedure before the board of adjustment shall be as provided by rules adopted pursuant to the Wyoming Administrative Procedures Act and the appeal procedures detailed in Chapter 18.95 WMC.
See WS, 1977, 16-3-101 to 16-3-115, as amended, for Wyoming Administrative Procedures Act.
(c) Appeals from decisions of the board of adjustment shall be as provided by state law.
(d) Appeals of the decisions of the building inspector may be made to the board of adjustment. [Ord. 419 Ch. 1 §§ 6, S, 1976. 1996 Code § 7-7.]
18.05.080 Violations.
(a) The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be guilty of a misdemeanor.
(b) Any subdivider, or agent of a subdivider, who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the council and recorded or filed in the office of the county clerk shall be guilty of a misdemeanor. [Amended during August 1984 supplementation; Ord. 534 § 4, 1981; Ord. 419 Ch. 1 § 8, 1976. 1996 Code § 7-8.]
As to general penalty for violations of this code, see WMC 1.10.010.
18.05.090 Building inspector and planner.
(a) There is hereby established the position of building inspector, whose duties shall be to enforce WMC Titles 5, 8, 12, 15, 17, and 18; provided, that enforcing activities herein permitted and directed shall not prevent or abolish the rights of other persons and officials to enforce these titles as is now or as it hereafter may be provided by statute.
(b) There is hereby established the position of planning and zoning officer (planner), whose duties it shall be to enforce the provisions of the Wheatland Development Code of the Wheatland Town Code as amended; provided, that his enforcing activities herein permitted and directed shall not prevent or abolish the rights of other persons and officials to enforce this chapter as is now or as it hereafter may be provided by statute. [Ord. 827, 2020; Ord. 723, 2006. 1996 Code § 7-9.]
As to fire prevention and protection generally, see Chapters 8.25 through 8.35 WMC.
18.05.100 Enforcement, violations and penalty.
(a) Enforcement. The building inspector will monitor, process, and enforce WMC Titles 5, 8, 12, 15, 17, and 18. The planning and zoning officer will monitor, process, and enforce the Wheatland Development Code of the Wheatland Municipal Code.
(b) Violation and Penalty. The owner or agent of a building or premises in or upon which a violation of any provision has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, or any other person who knowingly commits, takes part or assists in any violation or who keeps/maintains any building or premises in or upon which violation has been committed or shall exist, shall be punished by a fine of not less than $100.00 and no more than $750.00 for each and every day that such violation continues after notification by certified mail or personal service of the violation.
(c) When any structure is erected, constructed, altered, converted or maintained/kept, or any structure or land is used in violation of the Wheatland Municipal Code, the town council, in addition to the above remedies, may institute legal action seeking injunctions or other appropriate relief to prevent such unlawful activities or to correct or abate such violation or to prevent the occupancy of said building, structure or land. [Ord. 827, 2020.]