The SMO district is intended to control excavation for building construction or utility installation and repair in areas on which the soil is contaminated by hazardous wastes, as defined by the Wyoming Environmental Quality Act, W.S. Section 35-11-101 et. seq., and to promote the protection of human health and the environment on the property and the persons occupying, using, and performing construction on the property when the Wyoming Department of Environmental Quality (WDEQ) has determined that a responsible party is required to excavate, remove, and dispose of contaminated soils, and when WDEQ has identified the property that may be included within the SMO district.

(Ord. 19-01 § 2 (part), 2001)

In an SMO district, all buildings, structures, and land uses are allowed that are permitted under the existing zoning district. The SMO district does not prohibit or restrict uses of buildings, structures, or land.

(Ord. 19-01 § 2 (part), 2001)

The city may designate the areas of land within a SMO district pursuant to the rezoning procedures of Title 17 of this code, based on written information provided by the WDEQ that it has (1) determined that a responsible party is required to excavate, remove, and dispose of contaminated soils and (2) identified the property that may be included within the SMO district. The city may revise the areas of land within an SMO district only upon receipt of a written statement of support from the WDEQ, as the WDEQ has the sole authority to amend, modify, enlarge, or extend the obligations or requirements of the responsible party.

(Ord. 19-01 § 2 (part), 2001)

Within the SMO district all excavations or below grade construction (including fill, new construction, substantial improvements, and other excavation, construction, or development) shall be conducted in accordance with the requirements of the WDEQ and this title.

(Ord. 19-01 § 2 (part), 2001)

The land within the SMO district shall be designated by appropriate symbols on the official zoning map.

(Ord. 19-01 § 2 (part), 2001)

The issuance of a foundation or building permit is required, pursuant to Title 15 of this code, before any excavation related to a building project can be made or any structure can be constructed, located, extended, converted, or structurally altered below grade within the SMO district.

(Ord. 19-01 § 2 (part), 2001)

In addition to other applicable requirements, building permits for excavation or below grade construction on land within the SMO district shall meet the following special requirements:

Building permits shall be issued in two phases: (1) the first phase will be a footing/foundation permit; and (2) the second phase will be a building permit. Upon issuance of the footing/foundation permit, the city will (1) give the permit applicant notice that the subject property is in the SMO district, (2) advise that the applicant shall contact the party identified by the WDEQ to be responsible for excavation, removal, and disposal of the contaminated soils in that location, prior to commencing excavation or dirt work, and (3) give the WDEQ written notice that the foundation permit was issued. Upon receipt of written certification from the party identified by the WDEQ to be responsible for excavation, removal, and disposal of the contaminated soils, or its designee that is approved by WDEQ, that the contaminated soils were excavated and removed in compliance with state requirements, the city may issue the building permit pursuant to Title 15 of this code.

(Ord. 19-01 § 2 (part), 2001)