Chapter 18.95
APPLICATIONS
Sections:
18.95.020 Annexations and deannexations.
18.95.030 Land use district change.
18.95.040 Replat, boundary adjustments, and vacations.
18.95.050 Optional pre-application filing meeting.
18.95.070 Filing procedure – Generally.
18.95.080 Filing procedure – Required application information.
18.95.090 Review by planning office – Preparation of report to planning commission.
18.95.100 Action by planning commission, etc.
18.95.110 Action by town council.
18.95.120 Board of adjustment – Appeals generally.
18.95.130 Board of adjustment – Procedure – Fees – Deadline for filing – Public notice.
18.95.140 Board of adjustment – Meetings.
18.95.150 Board of adjustment – Powers generally.
18.95.160 Board of adjustment – Failure to timely file – Additional charges and penalties.
* Prior legislation: Ords. 419, 441, 525, 723 and 820 and 1996 Code §§ 7-10 through 7-27.1.
18.95.010 Special use permit.
(a) A special use permit is required to allow uses not specifically allowed in a land use district.
(b) Special use permits shall not be transferable unless specifically documented in the permit.
(c) Complaints regarding special use permits will not be cause for revocation of a permit unless reference to violation of the permit conditions, state statute, or law.
(d) Special use permits may be required in addition to other applications as noted within the code.
(e) In considering a petition for a special use permit, compatibility shall be determined on the basis of neighborhood character, parking needs, town infrastructure, sign requirements, and traffic congestion possibilities.
(f) Permits shall be issued by the planning office within 10 days after planning commission approval. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.010.]
18.95.020 Annexations and deannexations.
All petitions for annexation or deannexation shall be initiated by filing an application with the planning office; the recommendation of the planning commission shall be transmitted to the town council prior to the council action. The applicant shall be responsible for compliance with applicable state statutes regarding annexations and deannexations. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.020.]
18.95.030 Land use district change.
All petitions for a land use district change (rezone) shall be initiated by filing an application with the planning office; the recommendation of the planning commission shall be transmitted to the town council prior to the council action.
In considering a petition for a land use district change, compatibility shall be determined on the basis of neighborhood character, parking needs, town infrastructure, sign requirements, and traffic congestion possibilities. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.030.]
18.95.040 Replat, boundary adjustments, and vacations.
All petitions to make changes to platted subdivisions, record of surveys, platted lot lines, easements, and/or rights-of-way shall be initiated by filing an application with the planning office; the recommendation of the planning commission shall be transmitted to the town council prior to the council action. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.040.]
18.95.050 Optional pre-application filing meeting.
Prior to filing for a permit, the developer may submit to the planning office a conceptual plan or declaration of intent. This does not require a formal filing nor fee, nor does it require planning commission review.
The planning office shall discuss the plans with the applicant or representative, and shall recommend any possible changes, refer other public services, and provide aid in complying with these procedures. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.050.]
18.95.060 Public notice.
(a) After a completed application has been received by the planning office, at the expense of the applicant, a certified letter with notice of the application is to be sent to property owners of record within 140 feet, excluding streets, of the parcel in question at least 10 days prior to the hearing.
(b) The applicant shall cause the filing and description of the area to be published in the official newspaper at least 15 days prior to the hearing of the filing by the planning commission and shall submit the affidavit of publication to the planning office before the scheduled meeting date. For annexations and deannexations the applicant shall cause the filing and description including a map showing identifiable landmarks and boundaries to be published in the official newspaper no more than 10 days after filing.
(c) The agenda of the planning commission meetings shall be made available to the news media and public no later than three days prior to the meeting. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.060.]
18.95.070 Filing procedure – Generally.
(a) Submission Deadline. The planning commission shall hear no requests unless the completed application has been submitted at least 35 days prior to the regularly scheduled meeting date. All reports, documents, and other supplementary materials required by this chapter must be included.
(b) Forms. All filings require that the prescribed application form(s) be completed on or before the final submittal date. Forms are available in the planning office.
(c) Proof of Ownership. All applications shall contain the signature of each person possessing a fee simple interest in the property. Proof of such legal interest shall be required upon the request of the planning office.
(d) Fees. All application and associated fees are those fees set forth in the Wheatland planning and zoning fee schedule.
(e) Hearing Date. All applications which are in full compliance with this section shall be heard by the planning commission at the next regularly scheduled meeting of the commission.
(f) Action by Planning Commission. If the planning commission determines that conditions are necessary for the plan submitted, the applicant shall submit a revised plan to the planning office. If the planning office determines the conditions in the plan are fulfilled, the planning office may approve the modifications. If the planning office determines that the conditions have not been fulfilled, the planning commission shall review the revised plan in accordance with these procedures.
(g) Required Prints. Draft and/or preliminary plats and plans will be accepted in PDF format. If the applicant chooses to provide paper copies, the planning office may require as many as 12 prints of any plans or plats to be reviewed and may collect additional mailing fees. The planning office will transmit the plats/plans to appropriate federal, state, and local agencies for their review and recommendations. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.070.]
18.95.080 Filing procedure – Required application information.
The following items must accompany every filing, except those minimum requirements regarding subdivisions in WMC Title 17:
(a) Completed application with an email address;
(b) Proof of ownership;
(c) A list of addresses for all property owners within 140 feet, excluding streets;
(d) A plan of development, at a suitable scale and illustrated for ease of viewing by a public audience;
(e) Number and gross density of units, if applicable;
(f) Acres set aside for recreation or open space, if applicable;
(g) If phased development is proposed, a general phasing plan;
(h) Anticipated schedule of development or use;
(i) How utilities will be provided. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.080.]
18.95.090 Review by planning office – Preparation of report to planning commission.
(a) The planning office shall review each filing to determine if it is consistent with the standards set forth in these regulations and shall investigate the relationship between the proposed land use and existing or planned land uses.
(b) Upon completion of its review, but no later than five working days prior to the planning commission meeting, the planning office shall email its staff report with recommendations to the applicant, planning commission, and make the report available on the town website.
(c) The planning office shall present each filing and its staff report and recommendations to the planning commission at its public hearing of the filing. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.090.]
18.95.100 Action by planning commission, etc.
(a) Planning commission shall review each filing at a regularly scheduled public meeting. Prior to any action, the planning commission shall review the application, plans, reports, recommendations, and comments from the planning office, the applicant or representative and citizens. The applicant or representative must be present at the public hearings. Failure to appear without prior approved notice will be grounds for rejecting the application.
(b) Unless postponed at the request of the applicant, the planning commission may:
(1) Approve the request as proposed; or
(2) Approve the request with conditions; or
(3) Postpone to a definite time – continues the request to the next regularly scheduled meeting of the commission to allow further review to be done; or
(4) Postpone indefinitely – the request or motion is neither approved nor disapproved and the request or motion cannot be brought up again during the meeting; however, it can be brought back as a new request at a future meeting; or
(5) Deny the request with or without prejudice.
(c) The planning commission action shall be based upon the purposes and intent of this chapter and local adopted land use plans in addition to the fulfillment of the minimum requirements herein.
(d) Upon any of the above actions or at the expiration of the maximum period for taking action, the filing shall be placed on the agenda of the next regularly scheduled meeting of the town council which allows time for the proper notice requirements, if any. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.100.]
18.95.110 Action by town council.
(a) Only filings regarding land use district boundary changes, subdivisions, replats, vacations, annexations, and deannexations shall be referred to town council for final adoption or rejection.
(b) Upon receipt of a recommendation from the planning commission, the town council shall consider the matter and, if approved, the planning office shall prepare an ordinance effecting the proposed change. If the council is in receipt of a signed petition against proposed land use district revisions and finds that 20 percent or more of the area of lots included within the revision or within a distance of 140 feet of the boundaries of such revision have petitioned against the revision, an affirmative vote of three-fourths of all members of the council shall be required to pass the ordinance. A copy of the ordinance when signed and passed shall be transmitted both to the planning commission and the applicant. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.110.]
18.95.120 Board of adjustment – Appeals generally.
Contested cases shall be handled by procedures outlined in the Wyoming Administrative Act and subsequent rules of practice.
(a) The appeal board for the following types of disapproval is the town board of adjustment:
(1) Special use permit;
(2) Site plans or building plans;
(3) Home occupations;
(4) Private property structures in a public right-of-way and town easements; provided, however, if the board of adjustment approves the private property in public right-of-way or easement the approval shall include an agreement with the town, clarifying the owner may be required to take any structures down at the owner cost if the town needs the right-of-way or easement space for any reason. The agreement shall be signed by the property owner and the mayor and shall be filed with the office of the county clerk prior to issuance of a building permit.
(b) Appeals for all other actions shall be directed to the district court. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.120.]
18.95.130 Board of adjustment – Procedure – Fees – Deadline for filing – Public notice.
(a) Appeals to the board of adjustment shall be made by submitting a completed appeal application to the planning office.
(b) After a completed application has been received by the planning office, at the expense of the applicant, a certified letter with notice of the application to be sent to property owners of record within 140 feet, excluding streets, of the parcel in question at least 10 days prior to the hearing.
(c) The applicant shall cause the filing and description of the area to be published in the official newspaper at least 15 days prior to the hearing of the filing by the board of adjustment and shall submit the affidavit of publication to the planning office before the scheduled meeting date.
(d) All application and associated fees are those set forth in the Wheatland planning and zoning fee schedule. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.130.]
18.95.140 Board of adjustment – Meetings.
The board of adjustment shall meet regularly in accordance with its by-laws. All meetings shall be open to the public, minutes of the proceedings shall be taken, and all other procedures set forth in the by-laws of the town board of adjustment shall be fulfilled. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.140.]
18.95.150 Board of adjustment – Powers generally.
The board of adjustment has the following powers:
(a) To hear and decide appeals when it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of WMC Titles 5, 8, 12, 15, 17, and 18.
(b) To hear and decide special exemptions to the general provisions of WMC Titles 5, 8, 12, 15, 17, and 18, as provided for in this chapter.
(c) To vary or adjust the strict application of any of the requirements of WMC Titles 15, 17, and/or 18 in the case of an irregular, narrow, shallow or steep lot or other physical condition applying to a lot or building as a result of which the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of this chapter may be granted by the board unless:
(1) There are special circumstances or conditions, fully described in the findings of the board, applying to the land or building for which the adjustment is sought, which circumstances or conditions are peculiar to the land or buildings and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of WMC Titles 15, 17, and/or 18;
(2) For reasons fully set forth in the findings of the board, the circumstances or conditions are such that the strict application of the provisions of WMC Titles 15, 17, and/or 18 would deprive the applicant of the reasonable use of the land or building, that the granting of the adjustment is necessary for the reasonable use of the land or building, and that the adjustment as granted by the board is the minimum adjustment that will accomplish this purpose; and
(3) That the granting of the adjustment will be in harmony with the general purposes and intent of WMC Titles 15, 17, and 18, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(d) To grant exceptions and variances upon request, after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of WMC Titles 5, 8, 12, 15, 17, and 18 or any other ordinances of the town and the town has not taken steps toward enforcement.
(e) Reverse or affirm wholly or partly the order, requirement, decision, or determination as necessary, but no power exercised shall exceed the power or authority vested in the administrative officer from whom the appeal is taken.
Upon review of all relevant documentation, arguments or briefs by the appellant, the board of adjustment will then take under advisement the facts pertaining to the appeal and render a decision. If the board of adjustment finds in favor of the appellant, a permit shall be issued by the building inspector or planning office with any conditions desired by the board included on the permit. In the event of an adverse decision by the board of adjustment further appeal shall be to the district court. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.150.]
18.95.160 Board of adjustment – Failure to timely file – Additional charges and penalties.
(a) Additional Fee. In the event the applicant appealing to the board of adjustment has already started or completed that which is requesting the board to consider, the applicant shall be assessed up to a $500.00 fee. The board of adjustment can deny the appeal, even if the additional fee is paid.
The payment of the additional fee and/or the approval or denial of the appeal does not preclude the town from pursuing criminal charges that may be applicable for violating any Wheatland Municipal Code provisions or ordinances. [Ord. 834, 2022; Ord. 827, 2020. Formerly 18.85.160.]