Planning and Zoning

ORDINANCE NO. 202

GLENDO PLANNING & ZONING

 

 

AN ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE INHABITANTS OF THE TOWN OF GLENDO; AND REGULATING THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; ESTABLISHING DISTRICTS OR ZONES AND BOUNDARIES. THEREOF; PROVIDING NONCORMING USES; PROVIDING FOR THE ADMINISTRATION AND THE ENFORCEMENT OF THIS ORDINANCE; ESTABLISHING THE PROCEDURE FOR APPEAL AND THE JURISDICTION FOR THE ZONING BOARD OF ADJUSTMENTS; PROVIDING PENALTY FOR VIOLATION OF THIS ORDINANCE’ PROVIDING FOR METHOD FOR CHANGE OR AMEND REGULATIONS AND DSITRICTS; PROVIDING FOR VALIDITY.

 

BE IT ORDAINED BY THE TOWN COUNCIL, TOWN OF GLENDO, WYOMING:

 

CHAPTER 1

TITLE AND AUTHORITY

 

Section 1: Short Title: This ordinance shall be known and may be cited as the “Zoning Ordinance of the Town of Glendo, Wyoming”.

 

Section 2: Authority: In pursuance of authority conferred by Title 15.1, Chapter 1, Section 15-1-601 et seq. The Wyoming Statutes 1977, as amended, and for the purposes of promoting the health, safety, morals, and general welfare of the inhabitants of the Town of Glendo, Wyoming.

 

Section 3: General Purposes and Application: In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements adopted for the public health, safety and welfare. It is not intended by this Ordinance to repeal, annul or in any way impair or interfere with the existing provisions or other Law or Ordinances, except those specifically repealed by this Ordinance, or with restrictions placed upon property by Covenant, Deed or other private agreement. Where this Ordinance imposes a greater restriction upon land or structures than is imposed by existing provisions of Law, Ordinance, Contract, or Deed, the provisions of this Ordinance shall control. The concept of “Spot Zoning” shall be specifically repudiated by this Ordinance.

 

Section 4: Official Zoning Map: The Town is hereby divided into zones or districts, as shown on the official Zoning Map, which together with all explanatory matter thereon, is hereby adopted and declared to be a part of this Ordinance.

 

 

 

CHAPTER II

DEFINITIONS

 

Section 1: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive.

 

  1. A) Accessory Use or Building – Is a subordinate use or building customarily incident to and located in the same lot with the main use or building.
  2. B) Administrative Authority – The Board of Adjunct consisting of 3 members of the community appointed by the Glendo Town Council.
  3. C) Alley – Is a public way 16 feet in width which is not designed for general travel; which is used as a means of access to the rear of residences and business establishments, and affords only a secondary means of access to the property abutting it’s length.
  4. D) Alteration – As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
  5. E) Building Area – Is the aggregate of the maximum horizontal cross-section area of the main building on a lot, excluding cornices, caves, gutters, or chimneys projecting not more than 2 feet, steps, one-story open porches, bay windows not extending more than one story and not projecting more than 2 feet, balconies and terraces.
  6. F) Board of Adjustments – See State Statute Chapter 27 for specifics. A board of five (5) members appointed for a term of three (3) years by the Governing Body comprised of citizens not serving on the Town Council or the Planning and Zoning Commission.
  7. G) Buffer – Used in the form of plantings or decorative walls or fences to adequately buffer, separate, or conceal from the residential zone.
  8. H) Building – A structure which is for the habitation or shelter of human beings or animals, or the shelter or storage of property, or for the occupation for some purpose of trade or manufacture.
  9. I) Building Line: Setback Line – A line formed by the outer face of the closing wall of a building or portion thereof and the surface of the ground.
  10. J) Condominium – An individual air space unit shall consist of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used as residential, professional, commercial, or industrial purposes and which has access to a public street. General Common Elements mean the land on which a building or buildings are located. (See State Statute 34-12-103)

 

  1. Dwelling: Multi Family – Is a dwelling or group of dwellings on one plot containing separate living units for two or more families, but which may have joint services or facilities for both.
  2. Dwelling Unit – Is one or more rooms providing complete living facilities for one family, including equipment for cooking provisions for the same, and including room, or rooms, for living, sleeping and eating.
  3. Family – One or more persons living as a single household or housekeeping unit.
  4. Front Yard – Minimum of 26 feet from drip line to back of curb.
  5. Garage, Private – Is a building or part thereof accessory to a main building and providing storage of automobiles and in which no occupation or business for profit is carried on.
  6. Governing Body – Town Council.

Q)   Height Building – Is the vertical dimension measured from the average elevation of the finished lot grade at the front of the building, to the highest point of the ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip gambrel roof.

  1. Holding Zone – Any area so designated by the Planning and Zoning Commission as “HZ” to be zoned specifically when the need arises.
  2. Home Occupation – Use any customarily conducted entirely within a dwelling or accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and not more than two (2) persons are engaged in such occupation. Such use as an animal hospital, dancing school shop, automobile repair services requiring more than three (3) vehicles on the lot or street at one time waiting repair shall not be deemed to be a home occupation.
  3. Lot – Is a parcel of land occupied or capable of being occupied by one building, and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance.
  4. Lot Corner – Is a lot at the point of intersection of two or more intersecting streets, the angle or intersection being not more than 135 degrees. it is the land occupied or to be occupied by the corner building and its accessory buildings.
  5. Main Structure – Is any structure and its attached structures for the habitation or shelter of human beings.
  6. Mobile Home – A structure so constructed as to permit its being conveyed upon a public street or highway and constructed in such a manner as will permit permanent year-round occupancy there as a dwelling. Such units length shall be thirty-three (33) feet or more and a width of fourteen (14) feet or more. A structure having a flush toilet, bath or shower, and all other home facilities. (This definition also applies to structures termed as double wide or single wide.)
  7. Modular Structure – A structure which can be moved in one piece and wheels, axles, and frame removed for permanent type structures and placed on a permanently constructed type foundation.
  8. Non-Conforming Use – Is a building, structure or use of land existing at the time of enactment of this ordinance, and which does not conform to the regulations of the district in which it is located.
  9. Recreational Vehicle – Any vehicle used for recreational purposes.
  10. Side Yard – A minimum of 6 feet from drip line to side lot line.
  11. Street – Is a public thoroughfare more than thirty (30) feet in width has been dedicated or deeded to the public use and which affords principal means of access to abutting property.
  12. Structure – Is anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.
  13. Townhouse – Shall mean a single family dwelling unit attached to another single family unit by a common wall and containing three or more dwelling units. The owner of the dwelling unit shall own a specific lot or parcel of land (with a deed) in conjunction with the ownership of the townhouse unit. Townhouses require subdivision review. Townhouses do not have common ownership in the building or the land. Common wall are shard by the land under the unit is owner by townhouse dweller.
  14. Travel Trailer – A vehicle used and so constructed as to permit it being used as a conveyance upon public streets and highways and duly licensable as such, constructed in such a manner as will permit occupancy thereof, as a temporary or seasonal dwelling.
  15. Yard – Is an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Statute 34-12-103) ordinance.
  16. Yard Front – Is an unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.
  17. Yard Rear – Is an unoccupied space on the same lot with the main building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
  18. Side Yard – is an unoccupied space on the same lot with the main building situated between the building drip line and the side line of the lot and extending from the front yard to the rear yard. Any lot line not rear line or a front line shall be deemed a side lot line.
  19. Single Wide Mobile Home – A structure so constructed as to permit its being conveyed upon a public street or highway and constructed in such a manner as will permit permanent year round occupancy as a dwelling.. Such units overall length shall be thirty-three (33) feet or more and width under fourteen (14) feet.
  20. Perimeter Visual Buffer – A solid buffer wall or fence made out of materials that are not able to be seen through or a maintained green fence consisting of trees and shrubs that is solid. Not allowed is chain link or woven wire fencing.

 

 

 

CHAPTER III

DISTRICTS

 

Section 1: R-1 Single Residence Zone:

  1. Uses Permitted:
    • One Family Dwelling
    • Home Occupation (Less than 3 employed) (See definition)
    • Accessory Building Uses
    • Double-Wide Mobile Home Placed on a Permanent Foundation
  1. B) Maximum Building Height 2 stories or 35 feet
  2. C) Lot Area 6344 square feet
  3. D) Minimum Lot Width 52 feet
  4. E) Minimum Lot Area Per Dwelling Unit 3000 square feet
  5. F) Minimum Front Yard 26 feet
  6. G) Minimum Side Yard 6 feet
  7. H) Minimum Rear Yard 6 feet
  8. I) Minimum Distance Between Main Buildings 10 feet
  1. Minimum Distance Between Main and

Accessory Buildings                                                10 feet

  1. K) Accessory Buildings Drip line of roof

may be located one

foot from rear and side

lot line

  1. Uses not Permitted:
    • Single Wide Mobile Homes (See definition of Mobile Home)
    • Home Occupation which falls in the category of commercial

or industrial uses which do not come within the definition of home occupation.

 

Section 2: R-2 Multiple Residence Zone:

  1. Uses Permitted:
    • Any uses permitted in the R-1 Zone
    • Duplex Dwellings
    • Home Occupation (See definition)
    • Accessory Building Uses
  1. B) Maximum Building Height 2 stories or 35 feet
  2. C) Minimum Lot Area 6344 square feet
  3. D) Minimum Lot Width 52 feet
  4. E) Minimum Lot Area Per Dwelling Unit 3000 square feet
  5. F) Minimum Front Yard 26 feet
  6. G) Minimum Side Yard 6 feet
  7. H) Minimum Read Yard 6 feet
  8. I) Minimum Distance Between Main Buildings 10 feet
  1. Minimum Distance Between Main Buildings

and Accessory Buildings                                         10 feet

  1. K) Accessory Buildings Drip line may be located

one foot from rear and side

lot line

  • Garage Entrance – minimum of 10 feet from alley line
  • Garage Entrance – 15 feet from back side of street curb and gutter
  1. Uses not Permitted:
    • Single Wide Mobile Homes (See definition)
    • Home Occupation which falls in the category of commercial or industrial uses which do not come within the definition of home occupation

 

 

Section 3: R-3 Multiple Residence Zone:

 

  1. A) Uses Permitted:
  • Any use permitted in the R-1 and R-2 Zones
  • Multiple Dwelling for any number of families
  • Boarding or Rooming Houses for any number of guests, but not primarily for transients
  • Professional Offices, including Real Estate, Insurance Offices, and Banks
  • Home Occupation (See definition)
  • Accessory Building Uses
  1. B) Maximum Building Height 2 stories or 35 feet
  2. C) Minimum Lot Area 6344 square feet
  3. D) Minimum Lot Width 52 feet
  4. E) Minimum Lot Area Per Dwelling Unit 2000 feet
  5. F) Minimum Front Yard 26 feet
  6. G) Minimum Side Yard 6 feet
  7. H) Minimum Rear Yard 6 feet
  8. I) Minimum Distance Between Main Buildings 20 feet
  9. Minimum Distance Between Main Buildings

and Accessory Buildings                                         10 feet

  1. K) Accessory Building Drip line may be located one

foot from rear and side lot

line

  • Garage Entrance – minimum of 10 feet from alley lot line
  • Garage Entrance – 15 feet from back side of street curb and gutter
  1. L) Town Houses, Condominiums Refer to State Statute Sec.

34-20-103 and 34-20-104 for

definition, description and

declarations.

  1. Uses not Permitted:
    • Single Wide Mobile homes (See definition of Mobile Home)
    • Home Occupation which fall in the category of commercial or industrial uses which do not come up within the definition of home occupation

 

Section 4: MH-1 Single Wide, Single Mobile Home Residence Zone:

 

  1. A) Uses Permitted:
  • One Family Dwelling
  • One Mobile Home Residence (Minimum width of mobile home shall be fourteen feet (14’) and must be placed on a permanent foundation and skirted with a suitable material that matches the home, within 30 days of being set on the lot.)
  • Home Occupation (See definition)
  • Accessory Building Use
  • Any use permitted in the R-1 and R-2 Zones
  1. B) Maximum Building Height 2 stories or 35 feet
  2. C) Minimum Lot Area 6344 square feet
  3. D) Minimum Lot Width 52 feet
  4. E) Minimum Lot Area Per Dwelling Unit 3000 square feet
  5. F) Minimum Front Yard 26 feet
  6. G) Minimum Side Yard 6 feet
  7. H) Minimum Rear Yard 6 feet
  8. I) Minimum Distance Between Main Buildings 10 feet
  9. Minimum Distance Between Main Buildings

and Accessory Buildings                                         10 feet

  1. K) Accessory Building Drip line of roof may be

located one foot from rear

and side lot line

  • Garage Entrance – minimum of 10 feet from alley lot line
  • Garage Entrance – 15 feet from back side of street curb and gutter
  1. Uses not Permitted:
    • Home Occupations which falls in the category of commercial or industrial uses which do not come within the definition of home occupations

 

Section 5: Multi-Use Zone:

 

  1. A) Uses Permitted:
  • Any use permitted in R-1, R-2, and R-3 Zone.
  • All activities shall be conducted wholly within a completely enclosed building unless otherwise specified. Any use operating as a store, shop, hotels, motels, restaurants, bars, drive-up food establishments, or business shall be primarily a retail establishment, and allow for incidental wholesale of products produced on the premises.
  1. B) Maximum Building Height 2 stories or 35 feet
  2. C) Minimum Lot Area None for business
  3. D) Minimum Lot Width None for business
  4. E) Minimum Front Yard     None for business
  5. F) Minimum Side Yard None for business
  6. G) Minimum Rear Yard None for business
  7. H) Minimum Distance Between Main Buildings None for business

 

Section 6 : Industrial Zone:

 

  1. A) Uses Permitted:
  • Manufacturing and warehousin
  • Building material sales yard
  • Contractor yard
  1. Industrial Buffer Required: Where an industrial use adjoins, faces or confronts, a residential property or a major or secondary highway, such industrial use shall provide a yard of no less than 10% of the lot depth or width on the side or sides abutting, facing, or confronting said uses, but such yard need not exceed 50 feet unless a greater depth or width is required for storage or manufacturing of explosive or volatile products. A perimeter visual buffer wall or fence or screen not less than 8 feet in height is required.
  2. Maximum building height No restrictions
  3. Minimum Lot Area None
  4. Minimum Lot Width None
  5. Minimum Lot Area per Dwelling Unit None
  6. Minimum Front yard 20 feet except as provided for

in Paragraph B

  1. H) Minimum Side Yard None, except as provided in

Paragraph B

  1. I) Minimum Rear Yard None, except as provided for

in Paragraph B

  1. J) Uses not Permitted:
  • No Residential Use

 

 

 

 

CHAPTER IV

SUPPLEMENTARY REGULATIONS

Section 1: Signs:

 

  1. A) Signs shall be permitted according to the following general requirements:
  • All signs must be constructed in a workmanlike manner, using

good safe structural design and thereafter maintained in safe condition or repair and in good appearance.

  • Off premises advertising signs (billboards) will not exceed 32 sq. feet
  • Real Estate Development Signs: Such signs shall not exceed thirty-two square feet in area per face and be located on the site being advertised
  • Vehicles or trailers may be used as signs provided that
    1. It is not illuminated.
    2. Provided that the vehicle, trailer, or mechanical device forming the basis for the vehicular sign is currently licensed in its highways, and that said vehicle is in a safe and operational condition.
  • The following shall be prohibited:
    1. Those with mechanical or electrical appurtenances, such as “revolving beacons” or “high intensity” flashers which are obviously designed to just compel attention.
    2. Any sign located which conflicts with any public devices controlling public traffic.
    3. Any sign that will interfere with the sight distance or view that is required to safely operate a motor vehicle or for pedestrians to cross a right-of-way where motor vehicles are operated.
    4. Signs protruding from a business building above a public sidewalk that do not comply with the rules and regulations of the Wyoming Department of Transportation and that do not have a valid permit from the Wyoming Department of Transportation.
  • Billboards or Outdoor Advertising Signs: Shall mean a freestanding structure or device erected or placed upon the ground or upon a building which structure or device bears a sign, which sign is not a necessary appurtenance to the use of the property on which displayed. An outdoor advertising sign or billboard shall identify the name of the business or the service available on the premises on which it is placed
  • All signs erected by a public agency controlling or directing traffic, railroad crossing warning services, and private signs used exclusively to direct automobile traffic on private property shall be exempt from these Regulations.

 

Section 2: Fences and Walls:

 

  1. A) No structure or sign, fences, walls, or shrubs in the front or side yard, shall be situated as to obstruct the view of vehicular traffic along streets or at street intersections. Therefore, all of the above will have a set back of 10 feet from the property line.
  2. Residential Fences and Walls:
    • Front yard perimeter fences or walls hall not exceed four feet in height.
    • Front and side yard perimeter fences on corner lots will not exceed four feet in height.
    • All fences adjacent to streets shall be set back five feet to allow for sidewalks and pedestrian traffic.
    • Rear yard fences, walls, or hedges, shall not exceed eight feet in height.
    • Side yard fences, walls, or hedges, on interior lots, shall not exceed eight feet in height and any side fences which extend into the front yard area of interior lots shall not exceed four feet in height.
    • No resident fences or walls shall be topped with barbed wire, glass or other sharp objects.
  3. Industrial Fences and Walls:
    • Perimeter fences that are adjacent to residential zones or land uses; and/or public roads shall have a solid buffer wall or fence not to exceed ten feet in height or a maintained green belt area consisting of trees and shrubs which shall provide an effective sight barrier functionally equivalent to a solid buffer wall.

 

Section 3: Corner Lot Setbacks:

  1. A) Set back on side street for all buildings will be 10 feet.

 

Section 4: Development Plans:

  1. A) A development plan shall be submitted to the Administrative Authority for review by the appropriate reviewing agencies for any proposed shopping centers, apartments, mobile home parks, industrial, campuses, or project and any commercial development. This requirement shall also apply to a substantial expansion of an existing business as outlined above. Substantial expansion shall be defined as one which is twenty-five (25%) percent larger of total floor area than the existing one.
  2. B) A development plan shall be considered as a preliminary plan to establish the basic features, use and general location of the elements of the project.
  1. Where subdivision or re-subdivision is being planned the development plan, if required, may be incorporated with the Tentative Plan.
  2. The Planning Commission can waive the requirement for a development plan where it can be determined than onsite development would have a negligible effect on onsite and offset conditions.
  3. If, in the opinion of the Administrative Authority, the development plan is grossly incomplete it shall be returned to the developer for completion, marked “Plan Incomplete” without a detailed review.
  4. A development plan shall include, but not be limited to the following:
    • The proposed use of all area, including areas that are to be used for barrow pits or where there will be any changes of the natural topography.
    • The general location of structures and their proposed uses, and the areas for parking, interior pedestrian and vehicular circulation, and the minimum standards for same.
    • Notation that necessary easements for utilities to service the development and to reach adjacent property have been provided and their locations on the site.
    • The general location of all planned and natural drainage ways. A full drainage report may be required.
    • Location of ingress and egress points and physical barriers to confine ingress and egress to said points.

 

Section 5: Mobile, Temporary Construction Site Living Quarters:

  1. A) Permits will be issued for a period of 90 days allowing for the use of a travel trailer or motor home as living quarters while a permanent residence is being constructed or an existing residential structure is being remodeled in areas other than designated mobile home parks. Extensions may be granted, following review of the extension request by the Administrative Authority. If such extensions are denied the party has five (5) days from the date of denial to vacate said lot or tract.

 

Section 6: Existing Businesses:

  1. A) All existing businesses will be grand-fathered.

 

 

 

 

CHAPTER V

GENERAL PROVISION AND EXCEPTIONS

 

Section 1: PUD-Planned Unit Development (Optional Method):

 

  1. A) Purposes: The Planned Unit Development is considered to be an approved exception to the provisions in any zone.
  2. B) In order to apply the optional method of development in any residentially zoned area, the following procedures shall be followed:
  • The petitioner shall submit to the Planning Commission a development plan, including topography, indicating the proposed use of all areas, locations of structures, location of driveways and parking, curbs, pedestrian ways, mails, and sidewalks and the relationship of the proposed development to adjacent developments and lands.
  • The Planning Commission shall review the proposal prior to the preparation of a Final Plat.

 

Section 2: Public Utilities Permitted:

  1. A) Nothing in this Ordinance shall prevent the location or erection of installations necessary to distribute public utilities. However, this does not provide for storage yards or warehousing unless allowed by the zone in which the installation is located.
  2. B) Such an installation is subject to the minimum front and side yard requirements of the zone in which said installation is located. Fences, walls and buffers shall be erected in compliance with the minimum front and side yard requirements of the applicable zone.

 

Section 3: Height Limit Exemptions:

  1. A) The height limits of this Ordinance shall not apply to:
  • Barns, chimneys, conveyors, derricks, domes, flagpoles, radio or television towers, masts and aerials, silos, smokestacks, transmission towers, power transmission poles.

 

Section 4: Exception for Lots of Record:

  1. A) Any lot shown upon an official subdivision map duly approved and recorded prior to the effective date of this Ordinance, or any Lot for which a Bona Fide Deed is of record in the Office of the County Recorder of Platte County, or for which a valid Bona Fide Contract of Sale is in full force and effect at the time this Ordinance becomes effective and said map, Deed or Contract of Sale is of record on said date then:
  • Any such lot may be used as a building site, provided the yard and other requirements of this Ordinance are complied with, but no permit shall be issued for more than one dwelling unit on any Lot having less than the minimum area per dwelling unit of the zone, which said Lot is located.
  • Each minimum side yard may be reduced by two inches for each one-foot by which such Lot is narrower than 55 feet, provided that no minimum side yard shall be narrower than five feet.
  • In any residential zone where a lot adjoins lots having existing front yards less than the minimum required by this ordinance, the minimum front yards on said Lot shall be the average of the existing front yards on the two adjoining lots, or if only one of the lots is built upon, such front yard shall be the average of the existing front yard of the adjoining Lot and the minimum front yard of the zone; provided no such yard shall be less than ten feet.

 

Section 5: Setback Exceptions:

  1. A) In any zone, any property fronting, or abutting on a turn-around at the end of a cul-de-sac, or a similar increased radius of the street property at the angle of a street, the minimum front yard required shall be one-half of the front yard required in the in the particular zone.
  2. B) The yard requirements of this Ordinance shall not apply to walls or fences less than three feet in height when located in front yards, or less than six feet in height when located in side or rear yards.
  3. C) Steps, uncovered porches, and covered but not enclosed porches, on the first story which do not extend more than ten feet beyond the front wall of the building are not considered in the front or side yard requirements. Steps, uncovered porches, and covered but not enclosed porches will have a minimum setback of 5 feet from curb and gutter.
  4. D) Accessory buildings not over fifteen feet in height may be located in the rear yard; provided, that such building occupy not more than twenty-five percent (25%) of the rear yard area; provided, further, that such accessory buildings not come nearer than one foot from any lot line.
  5. E) Garage entrances require a 10 feet setback if entering garage from an alley.

 

Section 6: Non-conforming Uses:

  1. A) The lawful use of any building, structure or land existing at the time of the enactment of this Ordinance may be contained, although such use does not conform with the provisions of this Ordinance, provided, that the following conditions are met:
  • Unsafe Structures: Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
  • Alterations: A non-conforming building or structure may be altered, improved or reconstructed; provided that such work is not to an extent exceeding in aggregate cost fifty percent (50%) of the actual value of the building or structure, unless the building or structure is changed to a conforming use.
  • Extension: A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a non-conforming building or structure, which existed prior to the enactment of this chapter shall not be deemed the extension of such non-conforming use. No non-conforming use shall be extended to displace a conforming use.
  • Changes: No conforming building, structure or use shall be changed to any non-conforming use.
  • Construction Approved Prior to Enactment of Chapter: Nothing contained in this Chapter shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit.
  • Abandonment: A non-conforming use of a building or premises which has been abandoned shall not thereafter be returned to any non-conforming use. A non-conforming use shall be considered abandoned.
    1. When the intent of the owner to discontinue the use is apparent.
    2. When the characteristic equipment and the furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the nonconforming use.
    3. When it has been replaced by a conforming use.
    4. When it has been changed to another use under permit from the zoning board.
  • Certificate of Non-Conforming Use: Upon the effective date of this ordinance, the Administrative Authority, shall not issue a building permit for any non-conforming use unless:
    1. A non-conforming use certificate has been issued for the property, or evidence, satisfactory to the Administrative Authority is presented, to show the existence of the use at the time of the adoption of this ordinance.

In order for any non-conforming use to qualify under the exemptions provided by this section then each non- conforming use must be registered with the Town of Glendo within the first 12 months after this ordinance is adopted. The authority may waive this requirement upon good cause shown in order to retain or to reinstate a non-conforming use status for any property.

 

Section 7: Modular Units: Any structure that can be classified as, or similar in concept to, pre-cut, pre-fab, modular or any off-site constructed units.

 

Any building of the above description shall have the plans and specifications presented to the Administrative Authority for review before a building permit may be issued.

 

Any building of the above description shall meet the construction, electrical and plumbing requirements adopted building(s) and the ordinance of the Town of Glendo. Those units that do not meet the above mentioned building code(s) shall be considered mobile homes and shall be restricted to those designated districts that allow mobile homes.

 

Section 8: ADA Compliance: Any and all new construction, if covered under ADA, shall meet with said requirements.

 

CHAPTER VI
ZONING VARIANCES

 

Section 1:

  1. A) The Planning and Zoning Commission may permit variances in the application of certain provisions of this ordinance where practical difficulties or unnecessary hardships would result from a strict application of this ordinance.

 

  1. B) Procedure: The Planning and Zoning Commission shall meet at the call of the Chairman, and at such other times as the Board may determine.
  • The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Commission are open to the Public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote, indicating the fact and shall keep records of it’s examinations and other official actions. All minutes shall be filed immediately in the Office of the Town Clerk and are public records.
  • Members appointed to the Commission shall take an oath to discharge their duties in accordance with this ordinance and state statute. The oath shall be administered by the Town Clerk.
  • The concurring vote of three members if the Commission shall be necessary to reverse any of the orders, requirements, decisions or determinations of the Administrative Authority or to decide in favor of the appellant any matter upon which it is required to pass under this chapter, or to affect any variation therein. Such appeal shall be taken within thirty (30) days after the date of the decision of the Administrative Authority by filing with the Town Council thereon.
  1. C) Every appeal shall be made to the Planning and Zoning Commission on forms which may be secured at the Office of the Town Clerk. The procedure is as follows:
  • A written appeal shall be filed with the Chairman of the Commission by the party feeling aggrieved by any order or decision of the Administrative Authority upon forms prepared and supplied by the Town Clerk. Said appeal shall be accompanied by accurate plans and specifications of the proposed work showing also the plot of land to be built upon, together with the placement of the proposed building and all other existing or proposed structures, and accompanied by a fee of ten dollars ($10.00), together with an appeal deposit of $100.00.
  • Every appeal shall be taken within thirty (30) days from the date of such refusal by the Administrative Authority to issue the permit.
  • Any communication purporting to be an appeal shall be regarded as mere notice to seek relief and shall not be considered by the Commission until it is made on the form required.
  • Upon receipt of any such communication, the applicant shall be supplied with the proper forms before placing his appeal, and if he fails to file with the Planning and Zoning Commission the form properly filed out and executed and to supply the required date within thirty (30) days from the date of the refusal of this permit, his case shall be dismissed for lack of prosecution.
  1. D) At the public hearing of the case before the Commission, the appellant shall appear in his own behalf or be represented by counsel or agent. The appellant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure, each side shall proceed without interruption by the other.
  2. E) Every person before the rostrum shall abide by the order and direction of the Chairman. Discourteous or disorderly or contemptuous conduct shall be regarded as breach of the privileges of the Commission and shall be dealt with as the Chairman deems proper.
    1. A legal notice of each hearing shall be published in the official newspaper of the Town of Glendo at least twenty (20) days before the date set for the public hearing. Twenty (20) days notice of the hearing of an appeal shall be sent by mail to the appellant and all directly affected property owners. The notice to the appellant shall be sent by registered mail to the address given in the appeal. The cost of publishing and the postage for mailing the required notices to the appellant and affected property owners shall be deducted from the one hundred dollars ($100) deposit made with the Commission at the time of the filing of the appeal.
    2. G) Final Disposition of Appeal:
  • The final disposition of any appeal to the Town Council shall be in the form of a resolution, which shall affirm, modify or reverse the refusal of a permit, or any order, or decision of the Administrative Authority. The Council may set out in said resolution the condition or conditions upon which the permit may be issued in order to carry out the purpose and intent of this article. The concurring vote of three (3) members shall be necessary for a decision. If a resolution presented at the meeting fails to receive three (3) concurring votes, it shall be presented at the next meeting.
  • Any appellant may withdraw his appeal at any time prior to the decision of the Planning and Zoning Commission thereon.
  1. H) Rehearing:
  • No rehearing of the decision of the Authority shall be had except:
    1. On motion to reconsider the vote, or
    2. On a written request for a hearing request
  • If the motion to reconsider received three affirmative votes, the Authority may vote on the motion to grant said request for a hearing subject to such conditions as said Commission may, by resolution in each case, stipulate.
  • No request to grant a hearing will be entertained unless new evidence is submitted, which could not reasonably be presented at the previous hearing. If a request for a rehearing is granted, the case shall be put on the calendar for a rehearing. In all cases, the request for a rehearing shall be in writing stating the reasons for the request and shall be duly verified, and accompanied by the necessary data and diagram. The person requesting the rehearing shall be notified to appear before the Commission on a date to be set by the said Commission.

 

CHAPTER VII

ZONING ORDINANCES, AMENDMENTS AND ZONE CHANGES

 

Section 1: The Mayor and Council may from time to time after receiving a report by the Town Planning and Zoning Commission and after public hearings required by law; amend, supplement or change the regulations or zones set forth herein or subsequently established. Any amendment, supplement or change may be initiated by the Commission by petition of affected persons as hereafter provided.

  1. A) The purpose of the procedures established by this Article is: To provide for appropriate and timely ordinance amendments and district zone changes. Any person, firm or corporation may propose a zone change for a single parcel or contiguous parcels and shall initiate such proceedings by filing with the Commission, a proper and complete application for such changes in such form as may be prescribed by the Administrative Authority and the payment of the fee provided in Section 2.

 

Section 2: Fees: For the purpose of covering the cost of mailing notices, posting, making and printing maps, investigations, analyses, administrative and other expenses involved in a zone change, the following fees shall apply. All fees are payable preceding the stated actions and no refund shall be made.

  1. Rezoning Fees: Under all zoning the fee will be to the applicant for all costs incurred by the Town, plus ten percent (10%).

 

Section 3: Application:  The application shall include the following:

  1. A) The applicant’s name, address, and interest in the request. The name and address of every person, firm or corporation represented by the applicant including every party in interest whether a beneficiary under a trust or otherwise. Where any application covers land held under a trust agreement or by a corporation, the applicant shall list the names of the parties to the trust and the corporate officers. In addition, the applicant shall file an affidavit, signed by the owners, to attest he is authorized and empowered to act for them in such proceeding.
  2. B) The proposed zoning change including a sufficiently accurate map that describes the affected area.
  3. C) A statement showing that present conditions require the proposed change to permit the proper utilization of the property in accordance with acceptable planning and zoning principles and practices. Such statements shall further include a presentation of any other factors or reasons which the applicant offers in support of the proposed zone change.
  4. D) The applicant shall submit to the Administrative Authority an accurate, verified list, made within the previous thirty (30) days giving the names and addresses of the record owners of all properties lying within the proposed change and of all properties any part of which is within one hundred and forty (140) feet, not including the width of any intervening street or alley, or more if the Commission deems necessary. This list shall be furnished by the applicant at their own expense.

 

Section 4: Planning Commission Action: Upon initiation of any proposed ordinance, amendment, or zoning change the Planning Commission, after a public meeting shall transmit it’s recommendations to the Mayor and Council.

 

Section 5: Mayor and Council Action: Upon the receipt of the Commission report and recommendation, the Mayor and Council shall hold a public hearing thereon after giving at least fifteen (15) days notice by publication in the official Town newspaper and mailing by First Class mail, notice to those property owners on the verified list. The Mayor and Council may thereupon take appropriate action.

 

 

 

CHAPTER VIII

LEGAL STATUS PROVISION

 

Section 1: Repeal of Inconsistent Provisions:  All ordinances and portions of ordinances of the Town of Glendo in conflict herewith are herby expressly repealed.

Section 2: Severity: This ordinance and various parts thereof, are hereby declared to be severe. If a section, sub-section, sentence, clause, work, or phrase of this ordinance is for any reason held to be unconstitutional, such ruling shall not affect the validity of the remaining portion of this ordinance.

 

Section 3: Violation and Penalty:  Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this ordinance shall, upon conviction, be fined a sum of not more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist after notice has been given by the Administrative Authority shall constitute a separate offense.

 

Passed and approved on First Reading this __13th_ day of __June_______ , 2001.

 

Passed and approved on Second Reading this __11th__ day of _____July_____, 2001.

 

Passed, approved and adopted on Third and Final Reading this __1st___ day of ___August________, 2001.