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Cody City Zoning Code

CHAPTER 10

BUSINESS, INDUSTRIAL AND MANUFACTURING DISTRICTS

10-10A-1: INTENT AND PURPOSE:

It is the intent that the Limited Business D-1 District shall provide services normally accessory to a residential area, with only moderate interference with the tranquility of the adjacent residential neighborhood. Services shall be limited to business hours of six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10A-2: USES PERMITTED:

No building or land shall be used and no building shall be erected or structurally altered unless otherwise permitted herein, except for one or more of the following uses:
   A.   Any use permitted in the High-Density Residential (R-4) District, except no manufactured homes shall be permitted for commercial purposes.
   B.   Antique shops; art galleries, including dealers and art supplies; barbershops; beauty shops; book and stationery stores; clothing stores; department stores; retail electrical stores; appliance stores, including sales and repairs; drugstores; variety stores; florist and gift ships; furniture stores; grocery stores; hardware stores; jewelry stores, including watch repair shops; craft and hobby stores; music stores; radio, television and video stores, including repair shops; office supply stores; paint stores; wallpaper stores; glass stores; floor covering stores; tack supply stores; photography studios; camera shops; private schools; shoe stores, including sales and repairs; sporting goods stores; toy stores; insurance offices; real estate offices; travel bureaus and agencies; storage buildings; retail bakeries; needlework, handweaving and tapestry shops; bicycle sales and repair shops; preschool or childcare facilities; frozen food lockers; health studios, spas and clubs; ice vending machines and dispensers; dancing schools; taxi stands and offices; engineering and surveying offices; accounting offices; legal offices; physician and surgeon offices; dentist offices; optician offices; osteopath offices; chiropractor offices; counseling services; laboratories; telephone and telegraph offices and exchanges; wireless communication facilities; bed and breakfast inns; short-term rentals. Other similar uses, stores and services may be permitted, but expressly excluding those listed in D-2 and D-3 Districts. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2005-01, 1-18-2005; amd. Ord. 2008-31, 12-16-2008; Ord. 2017-10, 4-13-2017; Ord. 2018-03, 4-17-2018; Ord. 2022-27, 12-20-2022)

10-10A-3: AREA:

The area of an individual store, office or space shall be limited to a maximum area of five thousand (5,000) square feet in any one story and a maximum gross area of ten thousand (10,000) square feet. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10A-4: BUFFER ZONE:

Where any business or commercial district is adjacent to any residential district, there shall be provided on the business or commercial district a buffer zone with a visual screen. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10B-1: PURPOSE AND INTENT:

It is the intent that the General Business D-2 District shall provide retail commercial and business service. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10B-2: USES PERMITTED:

No building or land shall be used and no building shall be erected or structurally altered unless permitted herein, except for one (1) or more of the following uses:
   A.   Any uses permitted in the D-1 District.
   B.   Dry cleaning stores; drive-in food services; service stations; automobile garages, including sales, service and repairs; automobile body and paint shops, including upholstering and reconditioning; automobile leasing offices; new and used car lots, including storage; automobile parts stores; car washes; golf courses; canvas sales and fabrication; banks and financial institutions; fur sales, repair and storage; employment services; bottling plants; blacksmith or welding shops; boat sales and repairs; bookbinding; broadcasting studios without towers; plumbing, heating and roofing supply and workshops; building material sales and lumber yards; clothes cleaning and laundromats; small equipment leasing and storage; art foundries; mobile home sales; pet shops; greenhouses and nurseries; post offices; pottery manufacturing facilities; printing and publishing shops; sign shops; swimming pool sales and supplies; wholesale bakeries; warehouses; wireless communication facilities. Stores and services may be permitted but expressly excluding those listed in D-3 Districts.
   C.   Bowling alleys, roller skating rinks, theaters, restaurants, motels, hotels, bars and lounges, amusement parks, stadiums, rodeo arenas, video arcades, museums, pool halls and resorts; provided, however, such uses in an area lying within the Airport Overlay Zone shall be subject to section 10-10B-5, "Conditional Uses", of this article. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2017-10, 4-13-2017)

10-10B-3: BUFFER ZONE:

Where any business or commercial district is adjacent to any residential district, there shall be provided on the business or commercial district a buffer zone with a visual screen. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10B-4: ARCHITECTURE AND LANDSCAPING:

All structures within the General Business D-2 District shall be architecturally compatible. Architectural and landscaping plans shall be submitted to the Planning and Zoning Commission for approval. Architectural and landscaping details shall be maintained as shown by the approved plans. The maximum building height for all buildings within the Downtown Architectural District as defined by Section 9-2-2 of the City Code, shall be forty feet (40'), and shall not have more than three (3) stories. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2024-12, 10-15-2024)

10-10B-5: CONDITIONAL USES:

In accordance with chapter 14 of this title, the following uses shall be allowed only upon approval of a conditional use permit, for all area lying within the Airport Overlay Zone:
Bowling alleys, roller skating rinks, theaters, restaurants, motels, hotels, bars and lounges, amusement parks, stadiums, rodeo arenas, video arcades, museums, pool halls and resorts; and other similar uses. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10C-1: PURPOSE AND INTENT:

It is the intent that the Open Business/Light Industrial D-3 District shall provide a zone for the conduct of commercial and business services not permitted within the D-2 Zone, and certain small light industrial uses. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2023-03, 5-2-2023)

10-10C-2: USES PERMITTED:

No building or land shall be used and no building shall be erected or structurally altered within an Open Business/Light Industrial (D-3) District unless otherwise permitted herein, except for one (1) or more of the following uses:
   A.   Any use permitted in the D-2 District.
   B.   Subject to 110-10C-3 , animal boarding kennels; boat building and repairs; cabinet shops; cleaning plants; cosmetic manufacturing; dairy product processing; heavy equipment sales and storage; livestock feed sales (no processing or manufacturing); contractor yards; animal hospitals; taxidermist shops; wireless communication facilities. Other similar uses may be permitted.
   C.   Subject to 10-10C-3 , drive-in theaters; manufacturing of electronic components, instruments, jewelry, games, toys and pharmaceuticals; cold storage plants, meat processing plants, motion picture production studios, and furniture manufacturing or assembly facilities; provided, however, such uses in an area lying within the Airport Overlay Zone shall be subject to section 10-14-3 , "Airport Overlay Special Use Permits". (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2017-10, 4-13-2017; Ord. 2023-03, 5-2-2023)

10-10C-3: PROHIBITED AND CONDITIONAL USES:

   A.   Uses and accessory uses specifically prohibited within a D-3 District include grain elevators; and, the bulk storage and handling of explosives, caustics, oxidizers, unstable flammable liquids, toxic or hazardous materials or substances. For the purposes of this provision, "bulk" shall mean quantities of such hazardous materials that would cause the activity to be classified as a "High Hazard Group H Occupancy", pursuant to the International Building Code (see IBC Section 307.1). This does not preclude the use of control areas pursuant to International Building Code Section 414 and International Fire Code Sections 5001 and 5003.
   B.   Uses listed under 10-10C-2 B and C that are anticipated to have regular and ongoing air quality, odor, or groundwater quality impacts, shall be deemed Conditional Uses, subject to the provisions of section 10-14-1 , Conditional Uses. For purposes of this provision, regular and ongoing, shall mean a component of the use that occurs as part of the normal operational activities on the property. Air quality impact shall mean any situation that triggers a WY DEQ air quality operating permit, or that involves the airborne discharge of heat, fumes, spray, gas or smoke in such quantities so as to be irritating or injurious to the health or safety of persons or properties located outside of the site boundaries. Odor impact shall include any substance that is anticipated to travel beyond the site boundary and cause a smell easily distinguished by occupants of other properties, other than resulting from the operation of a motor vehicle. Groundwater quality shall mean any potential contamination to groundwater, other than registered and permitted stormwater facilities permitted by WY DEQ and/or pursuant to the City of Cody Stormwater Management Policy. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2023-03, 5-2-2023)

10-10C-4: BUFFER ZONE:

Where any business or commercial district is adjacent to any residential district, there shall be provided on the business or commercial district a buffer zone with a visual screen. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2023-03, 5-2-2023)

10-10C-5: ARCHITECTURE AND LANDSCAPING:

All structures within the district shall be architecturally compatible. Architectural and landscaping plans shall be submitted to the Planning and Zoning Commission for approval. Architectural and landscaping details shall be maintained as shown by the approved plans. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15; Ord. 2023-03, 5-2-2023)

10-10D-1: PURPOSE AND INTENT:

It is the intent that the high tech/data processing/light manufacturing D-4 district shall provide a zone that will permit restricted business or manufacturing uses that will be compatible with a residential district. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-2: USES PERMITTED:

No building or land shall be used and no building shall be erected or structurally altered unless otherwise permitted herein, except for the following uses:
   A.   The manufacture and/or assembly of electronic and/or computer components and devices. The manufacturing and assembly of such devices and components shall not produce or emit any sound of seventy (70) dBA or more at night (7:00 P.M. to 7:00 A.M.), and eighty (80) dBA or more during the day (7:00 A.M. to 7:00 P.M.), as measured at twenty five feet (25') from any building located on the property so used, or any odor that is detectable from twenty five feet (25') outside the property line of the property so used.
   B.   Commercial information and electronic data gathering, processing and computing operations.
   C.   Offices associated with the uses described in subsections A and B of this section.
   D.   Engineering and surveying offices, accounting offices, legal offices, physician and surgeon offices, dentist offices, optician offices, osteopath offices, chiropractor offices, and similar professional offices and counseling services. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-3: ODORS; APPLICABILITY:

For the purposes of interpreting and applying subsection 10-10D-2A of this article, the following apply:
   A.   An "odor" means an emission into the ambient air which stimulates human smell;
   B.   An odor is "detectable" if it is sufficient in strength to be equal to but not greater than that detectable after seven (7) dilutions with odor free air, as determined by a scentometer as manufactured by the Barneby-Cheney Company, or any other instrument, device or technique designated by the Wyoming department of environmental quality as producing equivalent results. The occurrence of odors shall be measured so that at least two (2) measurements can be made within a period of one hour, these determinations being separated by at least fifteen (15) minutes. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-4: OUTSIDE STORAGE; DELIVERIES:

There shall be no outside storage of any supplies, materials, products or containers of any kind, and all delivery or pick up vehicles shall be limited to the hours of seven thirty o'clock (7:30) A.M. to six o'clock (6:00) P.M., Monday through Friday. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-5: SHIFT WORK:

If the use of the land as described in section 10-10D-2 of this article involves "shift work", then no group of more than twenty five (25) employees shall begin or end a shift between the hours of seven o'clock (7:00) P.M. to seven o'clock (7:00) A.M. For the purposes of this section only, the phrase "shift work" means that situation where any group of employees, consisting of twenty five percent (25%) or more of the business employees, begins or ends a workday at a different hour than any other employees at the same business location. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-6: HEIGHT; APPEARANCE; LOT REQUIREMENTS:

No building or structure on the property shall be more than one story, and the architecture and general appearance, size and location of any structure on the property shall be compatible with any adjacent residential area, and the same shall be approved prior to construction by a committee designated by the mayor and city council. The committee shall also determine the percentage of the lot area that can be covered by buildings, and any front, rear and side lot requirements that would have to be met, and it shall review all landscaping plans. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10D-7: SIGNAGE:

Any sign, insignia or identification number for any structure shall not exceed eight feet by six feet (8' x 6'). Such sign, insignia or identification number shall be aesthetically pleasing and, if artificial lighting is used for the sign, such lighting shall be only an amount necessary for it to be legible to passing motorists. (1960 Compilation § 26-109; amd. Ord. 78-19; Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 89-15; Ord. 91-2; Ord. 93-8; Ord. 97-15)

10-10E-1: USES PERMITTED:

No building or land shall be used and no building erected or structurally altered within an Industrial E District unless otherwise permitted herein, except for the following uses:
   A.   Subject to 10-10E-2, any use permitted in the D-3 Districts under 10-10C-2, except residential uses.
   B.   Subject to 10-10E-2, airports; feed manufacturing; pressure treating of wood products; wireless communication facilities; and, other similar uses, not herein named, that are not more objectionable or hazardous. (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2017-10, 4-13-2017; Ord. 2023-04, 5-2-2023)

10-10E-2: CONDITIONAL USES:

   A.   Uses and accessory uses which include the bulk storage and handling of explosives, caustics, oxidizers, unstable flammable liquids, or toxic or hazardous materials or substances, shall be deemed Conditional Uses, subject to the provisions of section 10-4-1 , Conditional Uses. For the purposes of this provision, "bulk" shall mean quantities of such hazardous materials that would cause the activity to be classified as a "High Hazard Group H Occupancy", pursuant to the International Building Code (see IBC Section 307.1). This does not preclude the use of control areas pursuant to International Building Code Section 414 and International Fire Code Sections 5001 and 5003.
   B.   Uses listed under 10-10E-1 that are anticipated to have regular and ongoing air quality, odor, or groundwater quality impacts, shall be deemed Conditional Uses, subject to the provisions of section 10-14-1 , Conditional Uses. For purposes of this provision, regular and ongoing, shall mean a component of the use that occurs as part of the normal operational activities on the property. Air quality impact shall mean any situation that triggers a WY DEQ air quality operating permit, or that involves the airborne discharge of heat, fumes, spray, gas or smoke in such quantities so as to be irrigating or injurious to the health or safety of persons or properties located outside of the site boundaries. Odor impact shall include any substance that is anticipated to travel beyond the site boundary and cause a smell easily distinguished by occupants of other properties, other than those resulting from the operation of a motor vehicle. Groundwater quality shall mean any potential contamination to groundwater, other than registered and permitted stormwater facilities permitted by WY DEQ and/or installed pursuant to the City of Cody Stormwater Management Policy. (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29; Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2023-04, 5-2-2023)

10-10E-3: ARCHITECTURE AND LANDSCAPING:

All structures within the district shall be architecturally compatible. Architectural and landscaping plans shall be submitted to the Planning and Zoning Commission for approval. Architectural and landscaping details shall be maintained as shown by the approved plans. Provided, this section shall not apply to any property situated within the boundaries of the Yellowstone Regional Airport (YRA) that will be utilized by the airport, or their lessee, primarily for airport operations and/or aviation purposes (e.g. terminal, hangers, flight instruction services), unless located within an Entry Corridor Overlay zone. This exemption to the architectural and landscaping plan review does not supersede the site plan review required pursuant to section 9-2-3, or other reviews required pursuant to this code (e.g., parking plans). (1960 Compilation § 26-110; amd. Ord. 80-20; Ord. 82-29, Ord. 87-3; Ord. 93-8; Ord. 99-2; Ord. 2023-04, 5-2-2023)

10-10F-1: PURPOSE:

The purpose of the Heavy Industrial Zoning District is to maintain and preserve an area for intensive industrial uses that are best operated in isolation from other less intensive land uses, due to potential environmental hazards and/or production of odors, dust, noise, vibration, heavy truck traffic or other impacts detectable beyond the property. Industrial uses include, but are not limited to, those that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)

10-10F-2: PERMITTED AND CONDITIONAL USES:

   A.   Permitted Uses: The permitted uses in the Heavy Industrial Zoning District are:
      1.   Subject to subsection B, all uses permitted in the D-3 Zoning District; except residential uses, lodging facilities, healthcare facilities, and public schools.
      2.   Caretaker/watchmen living quarters when accessory to and within an industrial or commercial building.
      3.   Subject to subsection B, intensive industrial uses, including, but not limited to ammunition manufacturing, asphalt plants, bulk storage tanks and stockpiles, concrete plants, explosive manufacturing and storage, feed and fertilizer manufacturing, manufacturing of gypsum products, hazardous material storage and handling, hazardous waste recycling and treatment (not disposal), industrial and commercial composting, pharmaceutical manufacturing plants, railroad and freight terminals, recycling processing plants, refineries, rock quarrying and processing, sewage treatment plants and lagoons, slaughterhouses, solid waste transfer stations, wrecking yards, and uses determined by the Planning and Zoning Board to be similar in character and intensity.
      4.   Motorized vehicle racing tracks.
      5.   Subject to subsection B, oil field services and other mining related industries.
      6.   Sexually oriented businesses, subject to all regulations set forth in title 3, chapter 6 of this Code.
   B.   Conditional Uses: Uses listed under subsection A that are anticipated to have regular and ongoing air quality, odor, or groundwater quality impacts, shall be deemed Conditional Uses, subject to the provisions of section 10-14-1, Conditional Uses. For purposes of this provision, regular and ongoing, shall mean a component of the use that occurs as part of the normal operational activities on the property. Air quality impact shall mean any situation that triggers a WY DEQ air quality operating permit, or that involves the airborne discharge of heat, fumes, spray, gas or smoke in such quantities so as to be irrigating or injurious to the health or safety of persons or properties located outside of the site boundaries. Odor impact shall include any substance that is anticipated to travel beyond the site boundary and cause a smell easily distinguished by occupants of other properties, other than those resulting from the operation of a motor vehicle. Groundwater quality shall mean any potential contamination to groundwater, other than registered and permitted stormwater facilities permitted by WY DEQ and/or installed pursuant to the City of Cody Stormwater Management Policy. (Ord. 2013-18, 1-21-2014; amd. Ord. 2017-10, 4-13-2017; Ord. 2023-05, 5-2-2023)

10-10F-3: MINIMUM DISTRICT SIZE:

The minimum size of any Heavy Industrial Zoning District shall be twenty (20) contiguous acres. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)

10-10F-4: MINIMUM LOT SIZE:

There is no minimum lot size in the Heavy Industrial Zoning District. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)

10-10F-5: HEIGHT LIMITATION:

Maximum building and structure height is one hundred feet (100'), with any exception to be considered through the special exemption process. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)

10-10F-6: YARDS:

Each building and structure shall observe the following minimum setbacks:
   A.   Setback from public streets: Twenty five feet (25') from the street right-of-way.
   B.   Interior property lines: Zero feet (0'), but not on or across lot lines.
   C.   Abutting Residential Zoning Districts (R-1, R-2, R-2MH, R-3, R-4, MH, RR and County R-H): Twenty five feet (25'). (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023; Ord. 2025-29, 10-4-2025)

10-10F-7: BUFFER ZONE:

When development occurs in the Heavy Industrial Zoning District adjacent to a Residential District (R-1, R-2, R-2MH, R-3, R-4, MH, RR and County R-H) there shall be provided on the heavy industrial property along such residential district a buffer zone with a visual screen; provided the Planning and Zoning Board may waive such requirement, or portion thereof, when they determine the buffer and/or visual screen will not be effective due to topographic features between the proposed use and adjacent residential area. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023; Ord. 2025-30, 11-4-2025)

10-10F-8: DISTRICT REGULATIONS:

Uses established or conducted within this district shall comply with the following standards:
   A.   Compliance With State, Federal And Local Requirements: Evidence of compliance with applicable State, Federal, and Local permitting requirements shall be provided with all applications for new or expanded intensive industrial uses in the following manner. An outline of necessary State, Federal, and Local permits for the proposed use and the status of those applications shall be provided by the applicant for the Planning and Zoning Board site plan review outlined in section 10-10F-9 of this article. Potential permits will typically relate to air quality, stormwater, and hazardous waste storage and handling. All such required permits shall be obtained prior to issuance of a certificate of occupancy, or as otherwise directed by the Planning and Zoning Board.
   B.   Emergency Response Plans: All intensive industrial uses shall submit emergency response plans to the Park County Fire Marshal for review and approval prior to receiving a certificate of occupancy and conducting such operations.
   C.   Sound Level: The day-night average sound level (Ldn), measured at the property line, shall not exceed fifty five (55) decibels (dB) where the adjacent property is zoned residential (R-1, R- 2, R-2MH, R-3, R-4, MH, RR, and County R-H) or sixty five (65) decibels (dB) where the adjacent property is zoned commercial, industrial, or agricultural; provided, the board may authorize a louder threshold when a sound easement is granted by the owner(s) of the property where the sound threshold would be exceeded. The board may require sound testing to verify compliance at the time a new or expanded use is established.
   D.   Landscaping And Screening: New uses, and existing uses which expand in building size or outdoor use area by more than fifty percent (50%), shall be provided with landscaping near the entrance to the property and/or building and along any collector or arterial street frontage, in the following manner:
      1.   Provide a landscaped area at least two hundred (200) square feet in size near the property entrance and/or building and include vegetation such as decorative grasses, planted trees, shrubs, flowers, lawn, or ground cover. Incorporating the business signage into the landscaped area is encouraged.
      2.   Provide landscaping along any collector or arterial street frontage, consisting of a minimum of one (1) tree per fifty (50) linear feet of such frontage (rounded to the nearest whole number) and decorative rock or ground cover at each tree. Provided, the Planning and Zoning Board may consider alternative landscaping methods when tree placement cannot occur due to the restrictions of title 7, chapter 4 of this Code.
   3.   Required landscaped areas shall be watered and maintained, with replacement of dead vegetation as needed so that at least ninety percent (90%) of the trees and ninety percent (90%) of the other landscape vegetation initially required are living.
   E.   Height Of Open Storage: Storage of materials outside of buildings or containers shall be no higher than eight feet (8') plus one foot (1') in height for every additional two feet (2') of setback from a property line.
   F.   View Obscuring Barriers: When the use of the property is a wrecking yard or similar use that stockpiles scrap or junk materials, site screening fences up to eight feet (8') tall and/or additional landscaping sufficient to form a view obscuring barrier shall be provided to screen those activities from major roads and residential areas. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023; Ord. 2025-31, 11-4-2025)

10-10F-9: SITE PLAN REVIEW:

As required by this Code, all new or expanded development in the Heavy Industrial Zoning District shall be subject to site plan review by the Planning, Zoning, and Adjustment Board prior to issuance of any building permit or establishment of such use. If a conditional use permit review is required, the site plan review shall be combined with the conditional use permit process. The board shall review the site plan for the following:
   A.   Compliance with the specific provisions of this title.
   B.   General site plan conditions and layout, including access and traffic flow (as related to public safety), commercial signage, parking, landscaping, lighting, site grading, stormwater facilities, and utilities. Consideration of adjacent uses shall be made in respect to the location of specific activities within the site, so as to reduce any potential conflicts from odors, dust, noise, vibration, glare, visual impacts, and stormwater runoff.
   C.   Assurance of compliance with applicable State and Federal safety and environmental standards pertaining to hazardous materials.
The board may specify conditions as necessary to ensure compliance with applicable standards. The issuance of a development permit shall be contingent upon the applicant receiving an affirmative vote from the majority of the board that the applicant has satisfied the above requirements. (Ord. 2013-18, 1-21-2014; amd. Ord. 2023-05, 5-2-2023)