Town of Pinedale, WY
Sublette County
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Table of Contents
Table of Contents
A. 
General. An annexation application is required for all real property to be considered for annexation into the Town.
B. 
Application. A petition, application, and public hearings are required. Refer to Chapter 400, Subdivision of Land, for the annexation application requirements and process.
A. 
General. Certain land uses by their very nature tend to be incompatible with other land uses in the same zoning district unless conditioned in a manner to protect abutting landowners and to preserve the character of the area. Conditional uses may only be permitted following a review by the Planning and Zoning Commission and final approval by the Town Council, subject to the provisions set out in this section.
B. 
Application.
(1) 
In general, the application should include a site plan, a description of the precise nature of the proposed use, its operating characteristics, areas for snow storage and provisions for stormwater and snowmelt runoff drainage; road access areas and traffic impact analysis, and a time schedule for development.
(2) 
The names and addresses of all owners of land within 140 feet of the outer limits of the area proposed for the conditional use. In determining the 140 feet, the width of any intervening street or alley shall not be included.
(3) 
Any additional material that the Town staff, Planning and Zoning Commission or Town Council may require or the applicant may choose to submit pertinent to the application.
C. 
Review process.
(1) 
The application shall be presented by the Town staff to the Town Council concerning the nature of the application and the date of filing. A copy of the application shall be provided to the Town Council for its recommendation and may refer a copy to any other agency which might be affected by the conditional use for comment.
(2) 
The agency shall have 30 days to respond from the date on which the application was sent. If the agency does not respond within the time frame, then the agency not responding will be considered to have no objection.
(3) 
The Town shall assemble all comments, including those of the Town Council, and schedule the matter for a public review before the Planning and Zoning Commission and for later consideration at a regular meeting of the Town Council.
D. 
Notification of public review; Commission and Council action.
(1) 
The Planning and Zoning Commission shall hold a public review on all conditional use applications, at which all interested parties shall have an opportunity to be heard. Notice of the time and place of the public review and the nature of the conditional use shall be given by one publication in a newspaper of general circulation in the Town at least 15 days before the date of such hearing. Also, the property which is to be the subject of the hearing shall be posted for at least 15 days prior to the public review. The posted notices shall be in number, size and location as prescribed by the Zoning Administrator and shall state the present zoning classification, the proposed conditional use, and the time and place of the public review on standard signs provided by the Town. Notices shall be posted by a designated Town official and removed by the same within 15 days after the final public review has been held.
(2) 
After its public review and after due deliberation, the Planning and Zoning Commission shall certify its findings and recommendations on any proposed conditional use to the Town Council in writing.
(3) 
No conditional use shall be considered by the Town Council until after it has been the subject of a public review before the Planning and Zoning Commission and the Commission has forwarded its findings and the recommendations to the Council. The Town Council, acting in its legislative capacity, shall hold a public review on the application. The Council shall take into consideration the findings and recommendations of the Planning and Zoning Commission, comments of public agencies and the public in general, and any other information and material available to it. At its option, the Council may request a review by any qualified professional person or by any public agency that may be interested in the proposed conditional use. No conditional use shall be put into effect unless a majority of the Town Council votes in favor of a resolution approving the conditional use.
E. 
Imposition of additional conditions. In permitting a conditional use, the Planning and Zoning Commission may recommend and the Town Council may impose, in addition to those standards and requirements expressly specified in this chapter and Chapter 475, any additional conditions which the Planning and Zoning Commission and/or Town Council considers necessary to achieve the purposes of this chapter and as set forth in § 475-3 and § 475-295. These conditions may include but shall not be limited to the regulation of vehicular access and parking, landscaping, snow storage, the control of potential nuisances, hours of operation and the expiration date of any resolution approving a conditional use.
A. 
General. An amendment application is required for:
(1) 
Language amendments which seek to change the wording of Chapter 475, Zoning; and
(2) 
Map amendments which seek to change the district boundary lines on the District Zoning Map.
B. 
Application. Refer to Ch. 475, Zoning, Article XXXIV, Amendments, for the amendments and zone change application requirements and process.
A. 
General. The provisions of this permit shall apply to the placing of two or more structures containing permitted uses on the same zone lot in the following zone districts: R-S, R-1, R-2, R-2A, R-4, MH, C-1 and I-1, and shall comply with Ch. 475, Zoning, Article XXX, Special Development Plans.
B. 
Application:
(1) 
A notified statement certifying that the signatories are the owners of the land area described and agree to be bound by the provisions of the development plan.
(2) 
Plans including the following:
(a) 
The land area to be included within the development plan, its present zoning classification, the zoning classification of abutting lands and all public and private rights-of-way and easements abutting or crossing the land area which are existing, proposed or to be abandoned. The boundary of the area included within the development plan shall be shown in a heavy solid line with appropriate angles and distances noted;
(b) 
The location of each existing and proposed structure in the designated area together with a notation of the permitted uses to be contained in the structure, the height of the structure and the location of the entrances and loading areas;
(c) 
A site plan shall be provided including the proposed finished grade, egress and ingress, sidewalks, parking plan, fire hydrant location, surfacing and landscaping plan;
(d) 
A certificate and date of approval of the Planning and Zoning Commission;
(e) 
A certificate for recording with the County Clerk and recorder.
(3) 
Final subdivision plat. If the proposed development plan involves the dedication of a street or the platting or replatting of subdivision blocks or lots, the development plan shall be accompanied by a final subdivision plat meeting all of the requirements of the subdivision regulations of the Town.
C. 
Review. After full review by the Town staff, the development plans should be reviewed by the Planning and Zoning Commission's consideration of the development plan shall be based on the standards in § 475-260. The Planning and Zoning Commission shall either approve or disapprove the development plan. An approved development plan shall be recorded by the Town Clerk-Treasurer and a copy filed among the records of the Town as a reference in issuing the proper permits. If the development plan is disapproved, the Planning and Zoning Commission shall state in writing conditions whereby the plan might gain approval.
D. 
Development plans approved by the Planning and Zoning Commission and recorded and filed by the Town Clerk-Treasurer shall be binding upon the owner or owners of the land included in the plan, and all permits and certificates shall be issued in accordance with the recorded plan.
E. 
Recorded development plans may be withdrawn or may be amended pursuant to the same conditions and procedures whereby they first gained approval.
A. 
General. A subdivision application is required for any division of a parcel of land or air into two or more lots or parcels; or, if a new street is involved, any division of a parcel of land, or if any lot lines are changed or are deleted.
B. 
Application. Refer to Chapter 400, Subdivision of Land, for the subdivision application requirements and process.
C. 
Variance. If the applicant is seeking a variance for the subdivision, the process as described in Chapter 400, Subdivision of Land, applies.
A. 
General. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree or other vegetation, or otherwise use his/her property, not in conformance with Chapter 475, Zoning, may apply for a variance from the Planning and Zoning Commission as established by this chapter.
B. 
Application:
(1) 
A site plan showing all existing and proposed structures or improvements on the site, and showing all natural conditions relevant to the application.
(2) 
A statement of the precise nature of the variance request, the provision of the zoning ordinance involved, the extraordinary circumstances involved which result in unnecessary hardship, and the specific nature of the unnecessary hardship.
(3) 
A statement that the need for variance was not self-inflicted.
(4) 
Satisfactory evidence of the service of notice and a copy of the application on all owners of land within 140 feet, not including intervening streets or alleys, of the outer limits of the site.
C. 
Review.
(1) 
The Planning and Zoning Commission shall review the application for variance at a regular meeting within 45 days of the receipt of a complete application, and shall make its written findings to the Town Council. A variance shall not be approved by the Planning and Zoning Commission unless it finds:
(a) 
That there are special circumstances or conditions, fully described in the findings of the Planning and Zoning Commission, applying to the land, vegetation or building for which the adjustment is sought, which circumstances or conditions are peculiar to the land, vegetation or building and do not apply generally to land, vegetation or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance codified in this article or Chapter 475, Zoning;
(b) 
That, for reasons fully set forth in the findings of the Planning and Zoning Commission, the circumstances or conditions are such that the strict application of the provisions of this section would deprive the applicant of the reasonable use of the land, vegetation or building, that the granting of the adjustment is necessary for the reasonable use of the land, vegetation or building, and that the adjustment as granted by the Planning and Zoning Commission is the minimum adjustment that will accomplish this purpose; and
(c) 
That the granting of the adjustment will be in harmony with the general purposes and intent of this section and Chapter 475, Zoning, will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will not unduly reduce the effectiveness of this section in attempting to promote the use of solar energy systems.
(2) 
The Planning and Zoning recommendation shall be presented to the Town Council for consideration at its next regular meeting. The Town Council may act on the recommendations of the Planning and Zoning Commission at the meeting at which presented, or may delay decision until the next regularly scheduled meeting.
(3) 
Each variance authorized shall not be personal to the applicant but shall apply to a specific use or structure and shall run with the land. No variance shall be authorized unless the Planning and Zoning Commission finds that all of the following conditions exist:
(a) 
That the variance will not authorize a permitted use other than those specifically enumerated in the zoning district in which the variance is sought;
(b) 
That, owing to extraordinary circumstances, literal enforcement of the provisions of this chapter will result in unnecessary hardship;
(c) 
That the extraordinary circumstances were not created by the owner of the property and do not represent a general condition of the district in which the property is located;
(d) 
That the variance, if granted, will not substantially or permanently injure any adjacent, conforming property;
(e) 
That the variance will not alter the character of the district in which it is located;
(f) 
That the variance, if granted, is the minimum variance and the least modification that will afford the relief sought;
(g) 
That the variance will be in harmony with the spirit of the Town Code chapter and will not adversely affect the public health, safety or welfare.