The land uses that are identified with an asterisk (*) in the Residential Land Use Table are subject to the corresponding regulations of this chapter, which regulations are in addition to other applicable sections of this title and any conditions that may be imposed pursuant to a conditional use permit review. The standards of this chapter shall apply unless waived or altered pursuant to the zoning variance process; provided, those standards identified herein with "(SE)", may be waived or altered pursuant to the special exemption process of section 10-14-2 of this title. In no case shall any of the following standards be waived or modified to the extent that the result is tantamount to a rezone or the use no longer meets the specified definition thereof. (Ord. 2017-02, 3-7-2017)

The supplemental development standards are listed by use, in alphabetical order.

   A.   “A” Uses:

   Accessory dwelling units (ADUs).

      1.   Location: An accessory dwelling unit, where permitted, may be located only in one (1) of the following manners:

         a.   Within a detached single-family dwelling, either initially at time of construction, or any time thereafter.

         b.   Within an addition to a detached single-family dwelling.

         c.   Above or within a residential garage or other building accessory to a detached single-family dwelling.

         d.   Within an accessory building on the same parcel as a detached single-family dwelling unit.

      2.   Lot Area, Dwelling Size, And Density: The minimum lot size required for an accessory dwelling unit (ADU) is seven thousand (7,000) square feet. Accessory dwelling units are not subject to the minimum dwelling size requirement of this title and are not included in the density calculations for a lot.

      3.   Number: Only one (1) accessory dwelling unit (ADU) per lot may be permitted and the ADU must be accessory to a detached single-family dwelling. A lot already occupied by two (2) or more dwellings is not permitted to have an accessory dwelling unit.

      4.   Height And Setbacks: A single-story detached ADU that does not exceed fifteen feet (15') in building height is subject to the setback standards applicable to accessory structures. Detached ADU structures that are taller than fifteen feet (15') in building height shall conform to setback standards applicable to a primary residence. An attached ADU is subject to setback standards applicable to a primary residence. (SE)

      5.   Lot Coverage: The footprint of a proposed building containing an ADU that is structurally detached from the primary residence may cover up to twenty percent (20%) of the lot. (SE)

      6.   Living Area: The total living area of an ADU may not exceed seventy five percent (75%) of the living area of the primary dwelling, or eight hundred (800) square feet, whichever is less, with the following exception: When the ADU will be located on one (1) level of an existing building (e.g., basement) and it is not feasible to utilize the area remaining on that level as part of the primary dwelling, then the reviewing official may authorize the ADU to occupy the entire level.

      7.   Type Of Construction And Architecture:

         a.   Within the RR, R-1, R-2 and R-3 Zoning Districts, ADUs are to be of either conventional site-built or modular construction and meet the requirements of the adopted residential building code ADUs in new buildings must have architectural features and materials that closely resemble those of the primary dwelling and/or are commonly found on architecturally significant houses in the immediate neighborhood, except when the ADU will be located behind the primary dwelling on an interior lot (SE).

         b.   Within the R-2MH, R-4, and all commercial and light industrial zoning districts, manufactured homes may be utilized as ADUs when placed on a traditional concrete or masonry foundation, and the home is no more than fifteen (15) years old at time of installation (SE).

         c.   Mobile homes, manufactured homes except as noted in 7b above, recreational vehicles, and temporary or seasonal structures (e.g., units on skids, yurts, and tents) shall not be used as ADUs.

      8.   Bedrooms: An ADU may not contain more than two (2) bedrooms/sleeping areas.

      9.   Parking: An ADU must have a minimum of one off-street parking space, except when the property is zoned R-3 or R-4, located east of 11th Street, and either within the 1901 plat of the Town of Cody (Book E, Page 58), the 1906 First Addition to Cody (Book D, Page 2), the 1927 Second Addition to the Town of Cody (Book E, Page 10), or with street frontage along that portion of Beck Avenue from 16th Street to 20th Street. (SE) When required, the parking space shall meet the standards of chapter 16, “Off Street Parking”, of this title. Any required existing parking may not be displaced by the ADU, unless such parking is replaced elsewhere on the lot.

      10.   Owner Occupancy: Within the RR and R-1 Zoning Districts, the owner of the property must utilize the primary dwelling unit or ADU as their primary residence; the dwellings shall not both be occupied unless this is the case.

      11.   Timing: Generally, an accessory use is not permitted until the primary use is also established. However, construction of an ADU may be authorized prior to construction of the primary dwelling when the following conditions are met: a) A site plan is provided that demonstrates the overall development plan for the property in conformance with all City codes, including locations and dimensions of the dwellings, driveway(s) and parking facilities, utility services, outdoor mechanical locations (e.g. a/c unit), and pedestrian access; b) The property owner intends to commence construction of the primary dwelling within three years of applying for the building permit for the ADU; and, c) The property owner can provide reasonable assurance of the ability to complete the construction of both dwellings.

      12.   Utilities: Both the primary dwelling and the ADU must be connected to public sewer and public water, and be served with a functional fire hydrant meeting applicable requirements for distance to the dwellings. Utility services for the ADU may either be individual-serving only the ADU, or shared with the primary dwelling.

      13.   Home Occupations: Any home occupation within an ADU shall be limited to the small-scale home occupation standards.

      14.   Addressing: The ADU will be assigned an individual address, which must be posted as required by Code.

   Amateur radio antennas (e.g., ham radio antennas).

      1.   Within residential districts, towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which they are located shall be deemed an accessory use. Towers supporting amateur radio antennas that exceed fifty feet (50') or the building height limit for the district in which they are located shall require a conditional use permit, with the intent of minimizing visual impacts.

      2.   Towers and other structures supporting amateur radio antennas shall comply with building setback requirements. (SE)

   B.   “B” Uses:

   Bed and breakfast inns.

      1.   The bed and breakfast inn must meet the definition set forth in chapter 2 of this title.

      2.   The owner must be living on the property at the time the bed and breakfast is in operation.

      3.   Total guest occupancy of a bed and breakfast inn property is limited to no more than ten (10) persons. (Establishments exceeding 10 persons fall within the zoning classification of “hotel”.) The Planning and Zoning Board may further limit total guest occupancy (e.g., beds and/or guest rooms) of a proposed bed and breakfast inn based on lack of parking and other neighborhood impacts identified in the review process.

      4.   Vehicle access must comply with the requirements of the International Fire Code, appendix D, or other established standard acceptable to the Fire Marshal.

      5.   Cooking facilities in guest rooms are not permitted.

      6.   The facility must pass a fire and life safety inspection before it may be used as a bed and breakfast inn, which inspection includes verification of the following.

         a.   Smoke detectors located where required by code and operable;

         b.   A fire extinguisher (minimum rating 2A10BC) located in a visible clearly labeled location;

         c.   Carbon monoxide alarm(s) where required by code and operable;

         d.   The address number is posted and visible using 4" tall or larger numbers on a contrasting background;

         e.   Access in/out of the facility complies with applicable codes (e.g. stairs, handrails);

         f.   Proper access to the electrical panel is provided;

         g.   No fire hazards are observed (e.g. combustibles are kept away from heat sources, extension cords and outlet strips are used in a compliant manner, dryer vent is free from obstruction, no exposed electrical wiring);

         h.   Each sleeping room is provided with an emergency escape and rescue opening that complies with sections R310.1, R310.2, R310.3 and R310.4 of the International Residential code.; and,

         i.   Emergency contact numbers are clearly posted (manager and 911).

      7.   The facility is to be inspected for the above items at least annually. Upon any change of ownership and on every third year after the initial inspection, the facility must be reinspected by the City and pass inspection. In the other years, the owner or manager is to perform the inspection.

      8.   Individual guest occupancy is limited to temporary periods of less than one hundred twenty (120) consecutive days, and less than one hundred twenty (120) days in any one-year period.

      9.   Bed and breakfast inns shall not be used as “reception facilities” as defined in this title, unless such use is otherwise permitted in the zoning district in which the property is located and authorization for such has been granted by the reviewing official.

      10.   The bed and breakfast must maintain compliance with the WY Department of Revenue licensing requirements, including payment of lodging taxes.

      11.   All bed and breakfasts must maintain compliance with the Wyoming Food Safety Rule (WY Department of Agriculture) and related licensing requirements.

      12.   Unless otherwise exempted or authorized by this title, one (1) off-street guest parking space shall be provided for every two (2) lodging units or fraction thereof. The guest parking shall be in addition to the two (2) spaces required for the owners/manager.

      13.   Prior to initial operation and annually by May 1st thereafter, all bed and breakfast inns shall register with the City of Cody, pass the fire and life safety inspection, and provide evidence of compliance with the Wyoming Food Safety Rule. The Community Development Department is authorized to create application form(s) and procedures as necessary to manage and enforce these provisions, both for the initial authorization and for ongoing compliance. Payment of an application fee is required pursuant to the City’s adopted fee schedule. A late fee, also as specified in the adopted fee schedule, may also be assessed to owners of bed and breakfast inns that fail to register before making the inn available for initial use, or that do not complete their annual renewal by May 1st of each year. Authorized bed and breakfast facilities shall post a certificate issued by the City of Cody identifying such authorization. The certificate shall expire at the end of May 1st following the year in which the certificate was issued.

   C.   “C” Uses:

   Child care centers and preschools - not listed above.

      1.   If located in a residential zone, access to the child care center shall be by means of a collector street or larger. (SE)

      2.   The site shall be designed so that all discharging or loading of passengers from a vehicle is accomplished on the site. The layout of driveways, circulation patterns and parking must be approved by the City Engineer.

      3.   When located within or adjacent to a residential zoning district, outdoor recreation shall be limited to daylight hours, and not earlier than eight o’clock (8:00) A.M. or later than eight o’clock (8:00) P.M. (SE)

   Churches.

      1.   Churches with a seating capacity for services of five hundred (500) persons or more shall be located adjacent to an arterial or major collector street, so as to minimize traffic impacts to the residential area. (SE)

   Community gardens.

      1.   Community gardens must be managed and actively tended so as to avoid weeds, odors, or other characteristics that would constitute a nuisance or detriment to neighboring property values.

      2.   In the Rural Residential and R-1 Zoning Districts, the community garden must be located in the back yard of a property, or located so that it is screened from the public way.

   Community greenhouses.

      1.   One (1) greenhouse, up to one hundred twenty (120) square feet in size, and of typical frame and ridged panel (e.g., glass, acrylic, or polycarbonate) construction is permitted as an accessory use to a community garden. A larger or additional community greenhouse, or one (1) of other construction, shall be reviewed as a conditional use.

      2.   In the Rural Residential and R-1 Zoning Districts, the community greenhouse must be located in the back yard of a property, or located so that it is screened from the public way.

   Community residence for the disabled.

      1.   Prior to authorization of the community residence, the applicant shall provide a certification from a qualified licensed medical practitioner that the number of disabled residents proposed is necessary to provide the mutual support and interrelationships required for treatment.

      2.   A community residence is considered a residential use of property for purposes of zoning and building codes. However, the Fire Marshal, pursuant to and consistent with the adopted Fire Code, may require enhanced fire protection, including the installation of fire sprinklers and other mitigating measures, where one (1) or more residents has a lessened ability to ambulate adequately.

   D.   “D” Uses:

   Dormitories.

      1.   The minimum lot area shall be six thousand (6,000) square feet for the first five (5) occupants of the building’s designed occupancy and nine hundred (900) square feet for each additional residential occupant, up to a maximum of ten (10) occupants.

      2.   Parking shall be provided at a rate determined through the conditional use process.

   Dwelling moved onto lot. The dwelling must be of conventional stick built construction and compliment, rather than detract from, the architectural character of the neighborhood. The reviewing official may require exterior maintenance, repair, or enhancements (e.g., painting, roof repair, residing) that are needed to achieve architectural compatibility prior to occupancy of the dwelling, or require a financial security from the owner to ensure completion of such within eight (8) months of building placement.

   E.   “E” Uses: Reserved.

   F.   “F” Uses: Reserved.

   G.   “G” Uses: Reserved.

   H.   “H” Uses:

   Home occupation, large-scale. The purpose of the “large-scale home occupation” land use category is to provide an option for consideration of businesses or professional enterprises that somewhat exceed the limitations of the “small-scale home occupation” category, but that still maintain such characteristics and/or are located such that they are able to operate in a manner that does not interfere with the residential character of the neighborhood.

      1.   In addition to the conditional use permit criteria of this Code, large-scale home occupations shall meet the following requirements:

         a.   The home occupation must be clearly incidental and accessory to the residential use.

         b.   All on-premises work and storage areas must be conducted within the home, garage, or an accessory structure.

         c.   All on-premises activities related to the home occupation are to be conducted only by members of the household, provided up to two (2) non-resident employees may work on the premises, when authorized through the conditional use permit review.

         d.   No structural alteration or addition may be made to accommodate the home occupation, unless it is made in such a manner that the area would be suitable for typical residential purposes if it were not occupied by the home occupation.

         e.   No equipment shall be installed, no products shall be stored, and no activities shall be conducted in the dwelling or attached garage that would violate the Fire or Building Code limitations for a non-rated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling. Any accessory structure used in the home occupation shall meet the Fire and Building Code requirements applicable to its use.

         f.   No offensive noise, vibration, smoke, dust, odor, glare, electrical interference, or other detriments to neighboring properties or dwelling units shall be produced.

         g.   There shall be no exterior indication of the home occupation, other than those indications complying with subsections h through l of this use.

         h.   No more than a total of four (4) vehicles/trailers associated with the home occupation (including employee vehicles) shall be at the premises at any time. (SE)

         i.   Any vehicle or trailer associated with the home occupation that is not a typical passenger car or pickup must be parked off-street. Furthermore, vehicles and trailers are not to occupy any area within the front yard that is not designed for parking (e.g., no parking on the front lawn).

         j.   The combined number of customer and employee visits to the property shall not typically exceed eight (8) per day, and they shall not typically occur earlier than seven o’clock (7:00) A.M., nor later than seven o’clock (7:00) P.M. For calculation purposes, each customer or employee visit shall count as one (1) visit. In situations where a person is dropped off and later picked up, it shall count as only one (1) visit, as the customer is the person visiting, not the one dropping off and picking up (e.g., a parent dropping off a child at music lessons and later picking them up). (SE)

         k.   On-street parking that is available along the property frontage may be authorized to satisfy needed customer/visitor parking, when such will not create a significant safety concern. If more customer/visitor parking is needed than can be provided along the property frontage, it must be provided on site.

         l.   Signage must comply with the provisions set forth in City of Cody Sign Code. (SE)

      2.   Examples of possible large-scale home occupations include: small-scale manufacturing or fabrication in an accessory building (no use of production line or automated equipment); contractors not meeting the small- scale home occupation requirements; and, small-scale repair services.

      3.   The following uses are not permitted as large-scale home occupations, due to their non-residential character, failure to meet home occupation standards, and/or potential impacts to neighboring properties:

         a.   Animal kennel, stable, daycare, and training;

         b.   Barber or beauty parlors, with more than one (1) chair;

         c.   Equipment rental;

         d.   Funeral home or crematorium;

         e.   On-premises bookstores or entertainment establishments;

         f.   Restaurants/drinking establishments;

         g.   Slaughter and meat processing services;

         h.   Storage facilities (aka mini-storage);

         i.   Towing services;

         j.   Vehicle or heavy equipment repair (including body, engine and chassis), impound, and dismantling/wrecking. This provision does not prohibit mobile mechanic services that provide repair services only at the customer’s residence or place of business.

         k.   Retail and commercial storefronts.

      4.   Any large-scale home occupation may be subject to inspection and review at any reasonable time for purposes of verifying compliance with the requirements of this section and the conditional use permit. If, at any time, any of the large-scale home occupation requirements are not met, enforcement action may be taken pursuant to section 10-1-5, “Enforcement”, of this title.

   Home occupation, small-scale.

      1.   A small-scale home occupation permit may be authorized when the business meets all of the following requirements:

         a.   The home occupation must be clearly incidental and accessory to the residential use. Only residents of the home may participate in any business activity on the premises.

         b.   All on-premises work and storage must occur within the main residence or attached garage. The home occupation shall not occupy more than five hundred (500) square feet of the residence and attached garage.

         c.   All on-premises activities related to the home occupation are to be conducted only by members of the household.

         d.   No structural alteration or addition may be made to accommodate the home occupation, unless it is made in such a manner that the area would be suitable for typical residential purposes if it were not occupied by the home occupation.

         e.   No equipment shall be installed, no products shall be stored, and no activities shall be conducted that would violate the Fire or Building Code limitations for a non-rated wooden structure (Construction Type V-B), regardless of the construction type of the dwelling.

         f.   No offensive noise, vibration, smoke, dust, odor, glare, electrical interference, or other detriments to neighboring properties or dwelling units shall be produced.

         g.   There shall be no exterior indications of the home occupation, other than those indications complying with subsections h through l of this use.

         h.   No more than a total of two (2) vehicles/trailers associated with the home occupation shall be at the premises at any time. In addition, the vehicle(s) shall not be larger than a typical passenger van or 1-ton pickup and the trailer(s) no more than twenty feet (20') long (overall length). Box- style cargo vans, semi tractors/trailers, heavy equipment, and similar vehicles are not authorized.

         i.   Any vehicle or trailer associated with the home occupation that is not a typical passenger car or pickup must be parked off-street. Furthermore, vehicles and trailers are not to occupy any area within the front yard that is not designed for parking (e.g., no parking on the front lawn).

         j.   Within the R-1 Zoning District, on-site customers and employee visits are not permitted. In the other residential zoning districts, the combined number of customer and employee visits to the property shall not typically exceed six (6) per day (SE), and they shall not typically occur earlier than seven o’clock (7:00) A.M., nor later than seven o’clock (7:00) P.M. each day. In situations where a person is dropped off and later picked up, it shall count as only one (1) visit, as the customer is the person visiting, not the one dropping off and picking up (e.g., a parent dropping off a child at music lessons and later picking them up).

         k.   On-street parking that is available along the property frontage may be authorized to satisfy needed customer/visitor parking, when such will not create a significant safety concern. If more customer/visitor parking is needed than can be provided along the property frontage, it must be provided on site.

         l.   Signage must comply with the provisions set forth in City of Cody Sign Code. (SE)

      2.   Examples of possible small-scale home occupations include: artist; consultant; computer work (accountant, architect, drafter, engineer, typist); internet sales (off-site delivery); music instructor; photographer; seamstress/tailor; and, personal teacher/tutor.

      3.   The following uses are not permitted as small-scale home occupations, due to their non-residential character, failure to meet home occupation standards, and/or potential impacts to neighboring properties:

         a.   All uses prohibited as large-scale home occupations.

         b.   Any use generating, storing or utilizing hazardous materials in amounts measurably greater than a typical household.

         c.   Machining, welding, or metal shop;

         d.   Pawn shop;

         e.   Small engine repair; and

         f.   Vehicle or heavy equipment alteration, repair (including body, engine and chassis), painting, sales, rental, service, impound, or storage. This provision does not prohibit: mobile mechanic services that provide repair services only at the customer’s residence or place of business, hobby work on not more than two (2) vehicles per year, and rental/car sharing of no more than two (2) personal vehicles of the property owner or tenant.

      4.   A small-scale home occupation may be subject to inspection and review at any reasonable time for purposes of verifying compliance. If, at any time, any of the small-scale home occupation requirements are not met, enforcement action may be taken pursuant to section 10-1-5, “Enforcement”, of this title.

   I.   “I” Uses:

   Individual care center category.

      1.   Access to the individual care center shall be by means of a collector street or larger. (SE)

      2.   The site shall be designed so that all discharging or loading of passengers from a vehicle is accomplished on the site. The layout of driveways, circulation patterns and parking must be approved by the City Engineer prior to the issuance of any building permits.

      3.   Where the facility structures or play areas have residential adjacency:

         a.   A six foot (6') high solid fence shall be installed along the common property line. (SE)

         b.   Vehicle access shall be oriented away from residential uses on local streets. (SE)

      4.   When located within or adjacent to a residential zoning district, outdoor recreation shall be limited to daylight hours, and not earlier than eight o’clock (8:00) A.M. or later than eight o’clock (8:00) P.M. (SE).

   Individual care - group home category.

      1.   When located on a single-family residential lot, the provision of care shall take place in a dwelling used primarily as a residence.

      2.   When located on a parcel developed with multi-family housing, the provision of care shall take place within a structure not used as a residence.

      3.   When located within or adjacent to a residential zoning district, outdoor recreation shall be limited to daylight hours, and not earlier than eight o’clock (8:00) A.M. or later than eight o’clock (8:00) P.M. (SE)

   J.   “J” Uses: Reserved.

   K.   “K” Uses: Reserved.

   L.   “L” Uses:

   Long-term rental. Occupancy of a residential dwelling unit is limited to one (1) “family”, except as otherwise permitted under this title (e.g., community residence for the disabled, dormitory, rooming house, short-term rental).

   M.   “M” Uses:

   Manufactured home.

      1.   All manufactured homes placed outside of a mobile home park must be “attached” to the property so as to be taxed as real property (i.e., title elimination process pursuant to WY Statute 31-2-502).

      2.   In addition to any restriction of a specific zoning district, no more than two (2) manufactured homes shall be placed on a single lot, unless the property is developed in accordance with the mobile home park/manufactured home park standards of this Code.

      3.   The above restrictions shall not apply to manufactured homes displayed on a commercial sales lot, or stored in a commercial manufactured home production or storage facility.

   Mobile home. All mobile homes and manufactured homes located in a mobile home park shall:

      1.   Be placed and anchored per the manufacturer’s installation instructions or per the design of a professional engineer or architect licensed in Wyoming;

      2.   Maintain a minimum crawl space of eighteen inches (18") under the entire unit;

      3.   Have the axle(s) removed;

      4.   Have skirting or sidewalls installed to enclose all areas between the lower edge of the outside walls and the ground;

      5.   Have steps or inclined ramps affixed to all entrances.

   Modular home. The home must meet the definition of “modular home” as found in this title. Manufactured homes are not modular homes. Refer to the definitions for proper classification. It is recommended that you refer to the publication “Builder’s Guide to Modular Home Set-up and Completion”, by the National Modular Housing Council. The document can be found on their website www.manufacturedhousing.org.

   Multi-family development. This use shall apply to all multi-family developments containing more than four (4) dwelling units. A multi-family development project that includes multiple lots shall be considered as one (1) property or development for purposes of implementing the standards set forth in this use.

      1.   Purpose:

         a.   To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents.

         b.   To create quality buildings and designs for multi- family development that will enhance the visual character of the community.

         c.   To create building and site design in multi-family development that is sensitive to, and well-integrated with, the surrounding neighborhoods.

         d.   To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents.

      2.   Site Design:

         a.   Multi-family housing developments shall be separated from any abutting single-family housing (attached or detached) by a six foot (6') tall fence, of traditional construction (e.g., vinyl, wood, block), that provides a solid visual barrier to a height of at least five feet (5'). Provided, the reviewing official may waive all or part of the fence requirement when the design and characteristics of the multi-family housing development otherwise provide reasonable privacy for abutting single-family housing. (SE)

         b.   All waste storage facilities (e.g., dumpsters) shall be located in an area not readily visible from a public street, or shall be screened from view from a public street. (SE)

         c.   Provide a central mailbox, including provisions for parcel mail, which is located to provide safe pedestrian and/or vehicular access and complies with USPS standards.

         d.   A minimum of sixty (60) square feet of private, usable open space shall be provided for, and immediately adjacent to, each dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Common open space, building entryways, stairs, and parking areas shall not count towards this requirement. (SE)

         e.   Multi-family developments with twenty (20) units or more shall provide the following:

         (1)   A property management office; or signage indicating a phone number for the property manager.

         (2)   A directory and map of the development at an entrance or convenient location for those entering the development.

      3.   Common Open Space Requirements:

         a.   A minimum area of outdoor common open space shall be provided and maintained as follows:

            (1)   One hundred fifty (150) square feet for each dwelling unit containing five hundred (500) square feet or less of living area.

            (2)   Two hundred (200) square feet for each dwelling unit containing more than five hundred (500) square feet.

         b.   Common open space may be located in multiple areas; provided, each area shall be not less than four hundred (400) square feet in size and shall have minimum length and width dimensions of twenty feet (20') at all points. (SE)

         c.   In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. (SE)

         d.   Common open space areas shall not be immediately adjacent to collector or arterial streets, unless separated from the street by a berm or constructed barrier at least four feet (4') in height. (SE)

      4.   Architectural Character:

         a.   All multi-family building elevations shall have a portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to: windows, bays, offsetting walls, and multiple siding finishes/materials.

         b.   Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification.

         c.   Roof forms shall include variety and detail when viewed from the street and/or front elevation. Roofs shall have at least one (1) variation in the roof (e.g., gabled wing or overbuild, dormer, pitch break) for every four (4) units, or fraction thereof, in the building.

         d.   All roof mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and residential properties by the use of parapets, walls, enclosures, or other suitable means.

      5.   Landscaping:

         a.   All street-facing building elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards:

            (1)   The landscaped area shall be at least three feet (3') wide.

            (2)   For every six (6) linear feet of foundation, a shrub, perennial, or tree having a minimum mature height of twenty four inches (24") shall be planted.

            (3)   Ground cover (plants or decorative rock) shall cover the remainder of the landscaped area.

   N.   “N” Uses: Reserved.

   O.   “O” Uses: Reserved.

   P.   “P” Uses: Reserved.

   Q.   “Q” Uses: Reserved.

   R.   “R” Uses:

   RV, temporary. The Community Development Department may authorize the owner of a residential lot, and their household, to live in an on-site recreational vehicle (RV) while constructing or remodeling a residence on the property. The permit shall be valid for up to twelve (12) months, and only during such time as a valid building permit is in effect and construction activity is ongoing at the site. Appropriate provisions for sewer, power, and water shall be made while the RV is occupied.

   Reception facility.

      1.   Minimum lot area shall be at least 1.0 acre.

      2.   A reception facility shall only be permitted in association with a detached single-family dwelling and its grounds.

      3.   Seating capacity shall not exceed that which can be accommodated by parking available on site, along the property frontage, and in any shared parking lot available through an off-site parking agreement authorized pursuant to section 10-16-7 of this title.

      4.   Unless otherwise specified by the Planning and Zoning Board, events shall end by nine o’clock (9:00) P.M. during September thru May, and ten o’clock (10:00) P.M. during June through August.

   Residential architectural standards. Within all residential zoning districts except the Mobile Home Park (MHP) Zone, all dwellings constructed after the effective date of this chapter shall be constructed in the following manner (SE); provided, manufactured homes not meeting these standards may be considered as specified in the land use table:

      1.   Eaves shall be provided on at least two sides of the dwelling and extend at least eight inches (8") from the building wall.

      2.   The dwelling shall be constructed or placed on a permanent foundation of concrete, masonry, or material of similar appearance and durability approved by the building official.

      3.   The dwelling shall have at least one (1) story above ground level (i.e., no basement houses).

   Residential dwelling categories.

      1.   All residential dwellings shall comply with applicable residential architectural standards, as specified in this chapter. (SE)

      2.   Within the RR, R-1, R-2, and R-2MH Zoning Districts, no more than one (1) principal residential building shall be located on a single lot.

      3.   In addition to any restriction of a specific zoning district, no more than two (2) manufactured and/or mobile homes, or combination thereof, shall be placed on a single lot, unless developed in accordance with the mobile home park/manufactured home park standards of this Code.

      4. The commercial use of a residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any individual guest rents or occupies the unit for a period of less than thirty (30) consecutive calendar days is prohibited, except as otherwise permitted under this title (e.g., bed and breakfast, short-term rental).

      5.   Occupancy of a residential dwelling unit is limited to one (1) “family”, except as otherwise permitted under this title (e.g., community residence for the disabled, dormitory, rooming house, short-term rental).

      6.   No building shall be constructed or used for residential purposes on any lot or parcel unless the lot or parcel has direct frontage on either a public street, a private street authorized through the subdivision process, or a private access easement to a street that is of sufficient width and construction to either meet the adopted fire code or otherwise provide emergency vehicle access as determined by the fire marshal. Access to an alley is not sufficient to meet this requirement.

   Rooming house.

      1.   No more than two (2) persons shall occupy any individual lodging room.

      2.   Unless otherwise exempted or authorized by this title, one (1) off-street parking space shall be provided for each guest lodging room. The guest parking shall be in addition to the two (2) spaces required for the owner(s).

   S.   “S” Uses:

   School, public or private. It is anticipated that due to coordination between the City and the school district that existing schools and planned school sites will be located within a civic zoning district, as permitted uses. However, the option to establish a public or private school elsewhere is provided as outlined in the land use table. Careful consideration shall be given to avoid potential impacts associated with traffic, off-site parking, pedestrian/bicycle access, drop off/pick up areas, noise sources, and lighting associated with sporting events.

   Short-term rental.

      1.   Authorized owner-occupied methods of short-term rental are limited to:

         a.   Rental of a portion of the owner’s dwelling (room rental), while the owner is living in the dwelling.

         b.   Rental of an accessory dwelling unit while the owner is living in the main dwelling.

         c.   Rental of the main dwelling while the owner is living in the accessory dwelling unit.

         d.   Rental of a dwelling while the owner is living in a dwelling on a lot immediately next door (i.e. not separated by a street, rear alley, or intervening parcel).

      2.   Within the residential zoning districts, the short-term rental may be operated out of any form of dwelling except a multi-family dwelling. In addition, short-term rental shall not be offered by a renter of the property - i.e., a sublet situation.

      3.   Occupancy of a dwelling used for short-term rental is limited based on the number of bedrooms available for guests as follows: rentals with one guest bedroom are limited to four (4) guests; rentals with two guest bedrooms are limited to six (6) guests; rentals with three guest bedrooms are limited to 8 guests, and rentals with four or more guest bedrooms are limited to 10 guests. Guest sleeping in a living room, family room, or sun room is not prohibited by this requirement (e.g. use of sofa bed or air mattress), provided required emergency escape openings are provided, but guest occupancy is based on number of bedrooms only. In addition, short-term rental dwellings shall only be rented to only one (1) group at any one (1) time - a single booking. Separate dwellings on a property may be booked individually.

      4.   Use or conversion of an existing dwelling to an owner-occupied short-term rental shall require one (1) off-street guest parking space meeting the requirements of chapter 16, “Off Street Parking”, of this title for every two (2) guest sleeping rooms or fraction thereof, unless otherwise exempted or authorized by this title. The guest parking shall be in addition to the spaces required for the owners. A non-owner-occupied short-term rental does not require additional parking to be provided.

      5.   Prior to use of the dwelling as a short-term rental, the dwelling shall be inspected for fire and life safety items, which inspection includes verification of the following.

         a.   Smoke detectors located where required by code and operable;

         b.   A fire extinguisher (minimum rating 2A10BC) located in a clearly visible or labeled location;

         c.   Carbon monoxide alarm(s) where required by code and operable; if applicable.

         d.   The address number is posted and visible using 4" tall or larger numbers on a contrasting background;

         e.    Access in/out of the facility complies with applicable codes (e.g. stairs, handrails);

         f.   Proper access to the electrical panel is provided;

         g.   No fire hazards are observed (e.g. combustibles are kept away from heat sources, extension cords and outlet strips are used in a compliant manner, dryer vent is free from obstruction, no exposed electrical wiring);

         h.   Each sleeping room is provided with an emergency escape and rescue opening that complies with sections R310.1, R310.2, R310.3 and R310.4 of the International Residential Code; and,

         i.   Emergency contact numbers are clearly posted (manager and 911).

      6.   The facility is to be inspected for the above items at least annually. Upon any change of ownership and on every third year after the initial inspection, the facility must be reinspected by the City and pass inspection. In the other years, the owner or manager is to perform the inspection.

      7.   Short-term rentals are classified as lodging facilities by the State. As such, the owner of the short-term rental must register the lodging facility business with the WY Department of Revenue and pay lodging tax as required.

      8.   Prior to initial operation and annually by May 1st thereafter, all short-term rental facilities shall register with the City of Cody, provide evidence of compliance with this section, and pass the fire and life safety inspection. The Community Development Department is authorized to create application form(s) and procedures as necessary to manage and enforce these provisions, both for the initial authorization and for ongoing compliance. Payment of an application fee is required pursuant to the City’s adopted fee schedule. A late fee, also as specified in the adopted fee schedule, may also be assessed to owners of short-term rentals that fail to register and pass inspection before making the short-term rental available for initial use, or that do not complete their annual renewal by May 1st of each year that the rental is in operation. Authorized short-term rental facilities shall have a certificate issued by the City of Cody identifying such authorization posted within the unit, and commencing May 1, 2023 and continuing thereafter, must include the City registration number for the unit in all online listing(s). The certificate expires at the end of May 1st following the year in which the certificate was issued.

   T.   “T” Uses: Reserved.

   U.   “U” Uses: Reserved.

   V.   “V” Uses: Reserved. (Ord. 2017-02, 3-7-2017)

   W.   “W” Uses:

   Wind energy system, small.

      1.   No small wind energy system shall be erected on any lot less than 1.0 acre in size. (SE)

      2.   Total height may be up to fifty feet (50'); provided, properties five (5) acres or greater are allowed up to eighty feet (80'). (SE)

      3.   The minimum height of the lowest extent of a turbine blade/rotor shall be twenty feet (20') above the ground, if on a horizontal axis turbine. There is no minimum rotor height for a vertical-axis turbine, provided the blades/rotor must be located or isolated (e.g., fenced) such that they are not easily accessible to anyone but maintenance personnel.

      4.   The small wind energy system shall have a maximum rotor speed of less than five hundred (500) rpm (revolutions per minute) at the manufacturer’s rated wind speed. (SE)

      5.   No tower shall have a climbing apparatus within ten feet (10') of the ground.

      6.   Small wind energy systems shall be finished and maintained as manufactured.

      7.   Every small wind energy system shall be equipped with an automatic over speed control and a manual brake.

      8.   The small wind energy system shall be set back from any public road right-of-way and overhead communication or electrical line at least 1.5 times its total height.

      9.   The following standards apply, provided an affected neighboring owner(s) may grant an easement or written agreement to reduce or eliminate the requirement as applicable to the protection of their property. The document must be recorded in the Office of the County Clerk before a building permit for the wind energy system is issued.

         a.   A small wind energy system shall be set back from the nearest neighbor’s property line at least 1.5 times its total height.

         b.   The small wind energy system shall be located and maintained such that sound levels do not exceed fifty (50) dBA as measured at any neighbor’s residentially zoned property, or forty five (45) dBA as measured at any neighbor’s habitable building, assuming a wind speed of twelve (12) m/s (26.8 mph). If the sound rating for the wind energy system is known for a given distance, the method of deducting six (6) dB for every doubling of distance shall be sufficient to demonstrate compliance with the sound limitation. (See NREL Wind Testing website for data on some models.) If the sound rating is not known, the applicable setback from any neighboring residential property shall be one hundred twenty five feet (125'), and two hundred twenty feet (220') from any neighbor’s habitable building.

   Wireless communication facility, non-stealth design.

      1.   Non-stealth design wireless communication facilities shall be subject to the provisions of subsection 10-11-2W of this title.

      2.   Non-stealth design is not permitted in the residential zones within the Downtown Architectural District.

   Wireless communication facility, small cell and distributed antenna systems.

      1.   Small cell and DAS wireless communication facilities shall be subject to the provisions of subsection 10-11-2W of this title.

      2.   Distributed antenna systems and small cells that comply with the height limit of the zoning district and do not require installation of a new tower, utility support structure or building are permitted uses in all residential zones, provided the applicant complies with all Federal laws (such as the Americans With Disabilities Act) and State laws. Distributed antenna systems and small cells that do not meet those conditions, and which are located in a residential zoning district, shall be subject to conditional use permit review.

      3.   Within the residential zoning districts, a small cell or DAS must be mounted on either an existing building, or existing or replacement utility pole, and extend no more than three feet (3') horizontally or six feet (6') vertically from the building or utility pole on which it is mounted.

      4.   Within the Downtown Architectural District, the proposed facility must be reviewed by the Planning and Zoning Board.

      5.   The proposal shall clearly demonstrate that the small cell and distributed antenna systems mounting location is one (1) of the least visually obtrusive options in the area.

   Wireless communication facility, stealth design.

      1.   Stealth design wireless communication facilities shall be subject to the provisions of subsection 10-11-2W of this title.

      2.   Within the Downtown Architectural District, the proposed facility must be reviewed by the Planning and Zoning Board. (Ord. 2017-02, 3-7-2017; amd. Ord. 2017-12, 6-6-2017)

   X.   “X” Uses: Reserved.

   Y.   “Y” Uses: Reserved.

   Z.   “Z” Uses: Reserved. (Ord. 2017-02, 3-7-2017; amd. Ord. 2017-24, 11-7-2017; Ord. 2022-26, 12-20-2022)