This chapter is designed and enacted for the
purpose of promoting the health, safety, morals, convenience, order,
prosperity and welfare of the present and future inhabitants of the
City by encouraging the proper arrangement of streets in relation
to existing or planned streets and to the comprehensive plan; providing
for adequate and convenient open spaces for traffic, utilities, access
of fire fighting apparatus, civil defense, recreation, sites for schools
and education facilities and related structures, light and air; avoiding
congested population; and regulating such other matters as the City
council may deem necessary in order to protect the best interests
of the public.
[Amended by Ord. No. 81-69; Ord. No. 83-78; Ord. No. 96-2; Ord. No. 96-3; Ord. No. 00-5]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
BUILDING SETBACK LINE
A line within a lot or other parcel of land so designated
on the preliminary plat, between which line and the adjacent street
the erection of an enclosed structure is prohibited.
COLLECTOR STREET
A street of considerable continuity which carries traffic
from minor streets to an arterial street, including the principal
entrance within a development.
CUL-DE-SAC
A minor street having one open end and being permanently
terminated at the other by a vehicular turnaround.
EASEMENT
A grant by a property owner of the specific use of land by
owners.
ENGINEERING PLAN
A set of plans and specifications prepared by a registered engineer, showing in detail all data required in Article
IV of this chapter.
FINAL PLAT
A surveyor's plat of a proposed subdivision as described in Article
IV of this chapter.
LAND IMPROVEMENTS
Sewer and water systems, including all appurtenances thereof,
curb, paving, street lights, sidewalks, street signs, seeding and
tree plantings required under this chapter.
LOT
A portion of a subdivision or other parcel of land intended
as a unit for the purpose, whether immediate or future, of transfer
of ownership or for building development.
LOT LINE ADJUSTMENT
An adjustment between two or more adjacent lots where the
land taken from one lot is added to an adjacent lot and where a greater
number of lots than originally existed is not thereby created.
LOT SPLIT
A division of a platted lot, parcel or tract into no more
than two lots which meet the minimum standards of the zoning ordinance.
MARGINAL STREET
A minor street which is parallel to and adjacent to or in
the immediate vicinity of an arterial street which has for its purpose
the relief of such thoroughfares from the local service of abutting
properties.
MINOR STREET
A street of limited continuity used primarily for access
to abutting properties and the local need of the neighborhood.
MINOR SUBDIVISION
Any subdivision or resubdivision with all lots fronting on
an existing street, not involving any new street or road or the extension
of municipal facilities or the creation of any public improvements
and not in conflict with any provisions of the Master Plan or zoning
ordinance.
OFFICIAL PLAN
The composite of the functional and geographical elements
of the official plan or any segment thereof, in the form of plans,
maps, charts and textual material, as adopted by the City.
OWNER
Any person having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
PRELIMINARY PLAT
A tentative map or plan of a proposed subdivision as described in Article
III of this chapter.
PROTECTIVE COVENANTS
Contracts entered into between private parties, which constitute
a restriction on the use of all private property within a subdivision
for the benefit of property owners and which are designed to provide
mutual protection against undesirable aspects of development which
would tend to impair stability of values.
SELL OR SALE
Sale, contract to sell, lease, assignment, auction, award
by lottery or any offer or solicitation of any offer to do any of
the foregoing concerning a subdivision or any part of a subdivision.
SUBDIVIDER
Any person commencing proceedings under this chapter for
himself or for another.
SUBDIVISION
The creation of a lot, tract, parcel or other unit of land
for the immediate or future purpose of sale, building development
or redevelopment, for residential, recreational, industrial, commercial
or public uses.
[Added by Ord. No. 00-5]
Unless the division of ownership is adopted
for the purpose of evading the provisions of this chapter, this chapter
shall not apply to:
A. The sale of cemetery lots;
B. The sale of land to the state of Wyoming or any political
subdivision thereof;
C. The creation of a lot, tract, parcel or other unit
of land as a result of a condemnation action;
D. The sale of land where the parcels involved in the
sale are thirty-five acres or larger, providing the seller provides
rights of ingress and egress to each parcel and utility easements
meeting the following requirements:
(1) Ingress and egress shall be provided by binding easements
necessary for a road of not less than sixty feet in width to a public
road, and
(2) Binding easements of not less than thirty feet in
width shall be provided over adjoining property as necessary for sewers,
drainage, water lines, power lines or other utilities to each parcel.
This chapter was promulgated under Wyoming Statutes,
1977, sections 15-1-501 through 15-1-512.
[Amended by Ord. No. 84-48]
All plans of streets or highways for public
use and all plans, plats, plots and replots of land laid out in subdivisions
or building lots, and the streets, highways, alleys or other portions
of the same intended to be dedicated to a public use or the use of
purchasers or owners of lots fronting thereon or adjacent thereto,
shall be submitted to the planning and zoning commission and the City
council for approval, disapproval, approval with stipulations, etc.,
prior to the selling of any such lots for the purpose of building.
Nothing contained in this chapter shall be construed to grant any
applicant a right to subdivide, and approval or disapproval of a plat
shall be within the sole discretion of the planning and zoning commission
or City council.
[Added by Ord. No. 83-78]
A. There is hereby established a subdivision review committee
which shall consist of the following City officers or their duly authorized
representatives:
(4) Parks and recreation director;
(6) Planning and zoning chairperson;
(7) Mayor and City council of the City of Evanston.
B. It shall be the duty of the subdivision review committee
to examine all preliminary plats of subdivisions for their compliance
with applicable ordinances and laws of the City and the state and
report its findings to the planning and zoning commission and City
council.
Where any provisions of this chapter impose
more stringent regulations, requirements or limitations than imposed
or required by any other ordinance or state law, the provisions of
this chapter shall govern.
The territorial jurisdiction of this chapter
shall include all of the incorporated land located within the City,
and, pursuant to Wyoming Statutes, 1977, section 15-3-202, such other
territory peripheral to the City which is located within one-half
mile of the corporate limits.