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Gillette City Zoning Code

SECTION 5

ADMINISTRATION AND ENFORCEMENT

a. Administering and Enforcement Agency 5, 27

  • The Department shall be responsible for the administration and enforcement of this ordinance. The Department, among other things, shall:
    1. receive all applications for amendments to the language of this ordinance or to the district zoning map; refer such applications to appropriate agencies for comment and submit all such applications, along with the comments of the examining agencies and the comments of the Planning Commission, to the City Council;
    2. receive and review all applications for development plans and zero lot line site plans and prepare recommendations on such plans for review and action by the Planning Commission;
    3. maintain the official district zoning map(s) and other records, showing the current zoning classification of all lands within the City of Gillette; and
    4. propose to the Planning Commission and the City Council any changes to the Zoning Ordinance or to zone district classifications within the City that may, from time to time, be desirable or necessary. All such changes shall be subject to the amendment procedures set forth in this ordinance.
  • There shall be a Zoning Administrator within the Department, who shall have the following duties:
    1. establish and administer rules and procedures for conducting the zoning affairs of the City, to include the development of the necessary forms and development of procedures not described by this ordinance;
    2. coordinate with other officials in the administration and enforcement of this ordinance;
    3. receive and review all application for permits for construction, alteration or change of use or occupancy of land or structures, and approve or disapprove such applications, based on their conformance with the provisions of this ordinance;
    4. receive all notices of appeals and all requests for variances from the provisions of this ordinance and transmit the appeal or request, along with the record of the denial, order or requirement from which the appeal or request was made, to the Board of Adjustment;
    5. participate, when deemed appropriate, in meetings or public hearings related to zoning before the Board of Adjustment, the Planning Commission or the City Council;
    6. upon reasonable cause, revoke any zoning permit, issue "cease and desist" orders or take any other lawful action to insure substantial compliance with the provisions of this ordinance;
    7. propose to the Planning Commission and to the City Council any changes to the Zoning Ordinance or to zone district classifications within the City that may, from time to time, be desirable or necessary. All such changes shall be subject to the amendment procedures set forth in this ordinance;
    8. make any necessary examinations or studies, relative to the use of land or structures to determine compliance with and appropriateness of this ordinance; and
    9. maintain such records and files as may be necessary in the efficient conduct of the above duties.

    • Effective on: 1/1/1901

    b. Inspection Agency 5, 27, 91

  • Except as otherwise provided, the Zoning Administrator shall have primary responsibility for enforcing the provisions of the Zoning Code, including inspections for insuring compliance with those provisions of this code governing development of land and the use of structures.  The Zoning Administrator shall establish and maintain rules and procedures for the conduct of inspections.

    •  

    Effective on: 11/13/2019

    c. Administrative Liability

    The City shall hold harmless the Department of Community Development 27 and the Chief Building Inspector and their official agents and representatives, when acting in good faith and without malice, from all personal liability for any damage that may accrue to any person or property as a result of any act required by this ordinance or for the omission of any act on the part of the Department, the Chief Building Inspector or their authorized agents in the discharge of their duties hereunder. Any suit brought against the City or the City Administrator because of any such act or omission in the carrying out of the provisions of this ordinance shall be defended by the City's Legal Department through final determination of such proceedings.

    Effective on: 1/1/1901

    d. Permits

  • No building or structure shall be constructed, erected or altered until a zoning permit for CONSTRUCTION OR ALTERATION has been issued by the Zoning Administrator on forms provided by him, certifying that the proposed structure or structures complies with all of the provisions of this ordinance. Accessory structures containing a permitted use shall not require such a permit.30
  • Neither the use of any land nor the use within any building or structure shall be established or changed until a zoning permit, termed a USE PERMIT, has been issued by the Zoning Administrator certifying that the use complies with all of the provisions of this ordinance. Such a permit shall not be required for accessory uses.
  • No accessory structure or building shall be constructed or placed upon a zone lot until a legal, permitted use has been established.
  • Applications for zoning permits, required by Sections 5.d.(1), 5.d.(2), and 5.d.(3) above, shall be accompanied by a plat, drawn to scale, containing the name and address of the applicant; the location, shape and dimensions of the land area in question; the dimensions, shape and location of existing and proposed structures; existing and proposed uses of the structure, structures or land area; location, layout and number of spaces for off-street parking and loading; and such other information as may be necessary for the proper enforcement of this ordinance.
  • No zoning permit shall be issued for the erection, alteration, use or occupancy of any structure intended for human use or occupancy which will not be connected to a public sewage system or which is not served by a water supply system meeting all of the standards and requirements of the State of Wyoming Health and Social Services Department and approved by the City Engineer.
  • The Zoning Administrator shall act promptly upon any permit application filed with him and shall grant permits in all cases in which the proposed construction or use complies with the requirements of the Zoning Ordinance; and if he denies the application, shall specify the reasons for such denial.
  • Permits shall not be required for structures legally existing nor for the use of any structure or land area legally established prior to the effective date of this ordinance; provided however, that any future modifications to existing structures or changes of use of any structure or land area shall require permits, as provided by this ordinance.12
  • A copy of all required permits and variance requests shall be filed by the Zoning Administrator and shall be available for examination.
  • The Chief Building Official may issue a certificate of occupancy, as specified in the Uniform Building Code, when the weather or other extraordinary circumstances make immediate compliance with the terms of this ordinance impractical. The applicant shall execute an agreement with the City, promising to complete the required improvements within a time period specified by the Zoning Administrator, such time period to be the minimum within which the improvements can reasonably be completed. This agreement shall be secured with a bond, letter of credit or other suitable financial guarantee, in an amount which will cover the estimated cost of improvements required. For minor items, such as parking lot striping, the improvement guarantee may be waived by the Zoning Administrator. If the applicant defaults on the agreement, the certificate of occupancy may be revoked.26, 29

    • Effective on: 1/1/1901

    e. Violations, Penalties and Remedies 91

  • No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of this ordinance including but not limited to the following:
    1. Erect, construct, reconstruct, remodel, alter, maintain, expand, move, or use of any building, structure, sign, or development on any land contrary to this ordinance.
    2. Create, expand, replace, or change a nonconformity inconsistent with this ordinance.
    3. Reduce lot area, setback, buffers, or open space below the minimum requirements of this ordinance.
    4. Increase the density of any use of land or structure except in accordance with the requirements of this ordinance. 
    5. Fail to remove any sign installed, created, erected, or maintained in violation of this ordinance.
    6. Fail to remove a temporary use once authorization for the temporary use has lapsed.
    7. Fail to maintain private parking lots and access as required by this ordinance.
  • The Zoning Administrator or his authorized representatives shall order, in writing, the remedying of any violation as outlined below:
    1. The Zoning Administrator Office shall provide a written notice and order to the property owner of the violation.  Written notice may be served upon the property owner, agent, or applicant, or may be posted in a prominent location at the place of violation.
    2. The Notice and Order shall state the nature of the violation, the ordinance provision violated, potential fines, penalties and abatement procedures. The property owner has ten working days from receipt of the notice to contact the Zoning Administrator to discuss the violation and plan for correction of the violation.  ​​​​​​​After Notice and the Order have been served, no work is allowed on any structure or tract of land covered by Notice or Order, except to correct the violation(s).
    3. The Zoning Administrator may, at his discretion, extend the deadline to correct any violation of the zoning code or require immediate temporary repair of any violation for the health, safety and welfare of the City.  An extension or required temporary repair under the zoning code does not relieve any obligation to correct any violation.  Failure to correct a violation under this section will be subject to abatement procedures, citation or both.
  • The Zoning Administrator is authorized to post a notice and abate the violation.  Any City employee or City contractor is authorized to enter the property to abate the violation. 
    1. A final Notice shall be posted on the property and served personally or by certified mail with return receipt to the owner of the property, prior to abatement.
    2. Unless the order is appealed to the Board of Adjustment within ten days of the posting of the final warning, the Zoning Administrator's office shall proceed to abate the violation.  See Section 5.j for procedure to appeal to Board of Adjustment.
    3. The Zoning Administrator's Office shall keep an accounting of the cost incurred by the city in the abatement of the violation, including incidental expenses.  The Zoning Administrator's Office shall forward a bill to the owner of record of the property specifying the nature and costs of the work performed.  If the cost of abatement remains unpaid for thirty (30) calendar days, the abatement of the property will be assessed against the property and placed on the City assessment roll constituting a special assessment and a lien upon the property.
  • In addition to the other remedies provided by Wyoming law, this ordinance shall be enforceable, by injunction, mandamus, or proceedings in abatement. Appeals from judgments rendered in any action instituted to enforce this ordinance shall be permitted and shall be in accordance with the general appeal provisions of this ordinance or of the Wyoming Rules of Civil Procedure.
  • Any person, firm or corporation, owner, lessee, occupant or otherwise, who violates any provision of this ordinance, or any subsequent amendment may be cited in the Municipal Court and upon conviction is guilty of a misdemeanor punishable by a fine of up to seven hundred fifity dollars ($750.00). Each day of non-compliance with any provision of the zoning code shall constitute a separate offence.
  • The City of Gillette, its employees, and contractors are not responsible for any damage to persons or property while enforcing this ordinance or any other ordinance, rule, regulation or law.

    • Effective on: 11/13/2019

    f. Appeals (See Page 5-9a)

  • Any order or decision of the Zoning Administrator may be appealed to the Board of Adjustment by any person or agency affected by any such order or decision. Any such appeal shall be taken within ten (10) days from the date of the action appealed from, by filing a written notice of appeal specifying the grounds for the appeal with the Zoning Administrator. Forms shall be provided for this purpose. Upon receipt of a notice of appeal, the Zoning Administrator shall transmit to the Board of Adjustment the notice of appeal and all of the original documents, or true copies thereof, constituting the record upon which the action appealed from was taken.
  • An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator, or his authorized representative, shall certify to the Board of Adjustment, after notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such a case, the Board shall tentatively reaffirm the action of the Zoning Administrator and allow the order or decision to stand, or shall direct the Zoning Administrator to stay further proceedings; both actions to be taken by the Board pending the results of the appeal public hearing. If the Board reaffirms the order or decision of the Zoning Administrator, proceedings shall not be stayed, except by a restraining order which may be granted by a court of record after giving due notice to the Zoning Administrator.

    • Effective on: 1/1/1901

    g. Board of Adjustment - Creation

  • A Board of Adjustment is hereby created. The Board shall consist of five (5) members, all of whom shall be property taxpayers and residents of the City of Gillette. They shall be appointed by the Mayor and with the consent of the City Council. The Board of Adjustment, existing on the effective date of this ordinance, shall be the duly-constituted Board of Adjustment of the City of Gillette; and the existing members of that Board shall be allowed to complete their appointed terms of office. Thereafter, appointments shall be made for three (3) years. Vacancies shall be filled for any unexpired term in the same manner as the original appointment was made. Any member of the Board of Adjustment may be removed, for cause, by the City Council upon written charges and after a public hearing. Members of the Board of Adjustment shall serve without compensation.
  • The Board of Adjustment may appoint a Secretary to the Board, as provided by the City Council.
  • The members of the Board of Adjustment shall meet at least once a month, at such time and place as they may fix by resolution. They shall select one (1) of their members as chairman and one (1) as vice chairman, who shall serve one (1) year and until their successors have been selected. Special meetings may be called at any time by the chairman or, in his absence, by the vice chairman. A majority of the Board shall constitute a quorum for the transaction of business.

    • Effective on: 1/1/1901

    h. Powers and Jurisdiction of the Board

    The Board of Adjustment has the following powers and jurisdiction:

    1. to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this ordinance;
    2. to interpret the provisions of this ordinance, in such a way so as to further the intent and purposes of the recommendations and policies of the duly-adopted Comprehensive Plan;
    3. to permit the reconstruction of a nonconforming building which has been damaged by casualty, act of God or public enemy, to the extent of more than sixty percent (60%) of the structural value of the building and the land upon which it is located where the Board finds some compelling public necessity requiring continuance of the nonconforming use; and the primary purpose of continuing the nonconforming use is not to continue a monopoly. In the case of doubt, the fair market value shall be determined, as provided in Section 8., Nonconforming Uses and Structures;
    4. to authorize upon appeal and in specific cases, an increase in the land area occupied by a legal, existing, nonconforming use on an existing zone lot, or the floor area occupied by a legal, nonconforming use in an existing structure, subject to terms and conditions fixed by the Board.
    5. to authorize upon appeal, such variances from the terms of this ordinance, as will not be contrary to the public interest whenever a property owner can show that the strict application of any of the requirements of this ordinance would result in unnecessary hardship that would deprive him of the reasonable use of his land or structure, when compared to other land or structures similarly situated; 12 and
    6. subject to the limitations set forth in this section, the Board, by majority vote of the Board, may reverse, affirm or modify the order, requirement, decision or determination appealed from and relating to this ordinance and may make such order, decision or requirement as ought to be made; and to that end, the Board shall have all of the powers of the official or agency appealed from. The Board may also attach conditions to a decision.26

    Effective on: 1/1/1901

    i. Variances

  • The Board of Adjustment may authorize upon appeal, such variances from the terms of this ordinance, as shall not be contrary to the public interest. Such appeals shall be made only after the denial of a zoning permit by the Zoning Administrator and shall be made on forms provided for this purpose. The request for a variance shall be filed with the Zoning Administrator. Upon receipt of a request for a variance, the Zoning Administrator shall transmit the request, a copy of the denial and any other pertinent information to the Board for their consideration.
  • The purpose of any variance shall be to modify the strict application of the requirements of this ordinance, where it can be shown that, by reason of exceptional topography or other extraordinary or exceptional circumstances, literal enforcement of the terms of this ordinance will result in an unnecessary hardship, to the extent that the property might be prohibited from being used in a manner similar to other property in the same district.
  • Each variance authorized shall not be personal to the applicant but shall apply to a specific use or structure and shall run with the land. No variance shall be authorized unless the Board shall find that all of the following conditions exist:
    1. that the variance will not authorize a permitted use other than those specifically enumerated in the zoning district in which the variance is sought;
    2. that owing to extraordinary circumstances, literal enforcement of the provisions of this resolution will result in unnecessary hardship;
    3. that the extraordinary circumstances were not created by the owner of the property and do not represent a general condition of the district in which the property is located;
    4. that the variance will not substantially or permanently injure any adjacent, conforming property;
    5. that the variance will not alter the character of the district in which it is located;
    6. that the variance is the minimum variance and the least modification that will afford the relief sought; and
    7. that the variance will be in harmony with the spirit of this ordinance will not adversely affect the public health, safety or welfare.

    • Effective on: 1/1/1901

    j. Rules for Proceeding before the Board on Appeals and Variances

  • Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department or agency of the City affected by any decision of the Zoning Administrator. Such appeal shall be made in writing on forms provided and shall be taken within ten (10) days from the date of the action appealed from.
  • Decisions of the Board of Adjustment, in regard to appeals from an order or decision of an agency or official or in regard to variances from the provisions of the Zoning Ordinance, shall be reached only after a public hearing. The Board shall fix a reasonable time and place for the hearing and shall proceed in accordance with the following rules:
    1. Public notice shall be given of all hearings. Public notice shall consist of posting a sign by a designated City official on the affected property for at least five (5) days prior to the date of the hearing and one (1) publication of a notice by the City in a newspaper of general circulation at least five (5) days prior to the hearing. Both the sign and the newspaper notice shall identify the applicant, shall briefly state the nature of the appeal or the variance sought and shall give the date, time and place of the hearing. All hearings shall be open to the public.
    2. Due notice of the hearing shall also be given to the parties at interest, including the Chief Building Inspector and Planning Division personnel, Department of Community Development. 27 These agencies shall be permitted to be heard on behalf of the City in all public hearings.
    3. At any public hearing, any interested party may appear in person or be represented by an agent or attorney; and after being duly sworn, may offer evidence and testimony and cross-examine witnesses.
    4. All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.
    5. All testimony and evidence shall be presented publicly.
    6. The Board shall keep a record of the proceedings for each matter heard, which shall be kept on file and copies made available to any party at cost. The record of proceedings may include documents and physical evidence considered in the case.
    7. The Board shall render a written decision on each case heard, within thirty (30) days of the hearing. Each decision must be accompanied by reasons therefore and based on findings of fact. The record shall show the grounds for each decision and the vote of each member upon each question. The record of proceedings shall be a public record. In addition to this record of proceedings, the Board shall cause a description of each variance granted to be filed with the title of the affected property. The description shall include the nature of the variance, any time limitations and any special conditions imposed by the Board.
    8. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant upon any matter upon which it is required to pass concerning this ordinance, or to affect any variation in this ordinance.

    • Effective on: 1/1/1901

    k

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    k. Schedule of Zoning, Subdivision and Condominium Ordinance Fees 5, 15

    The following fees shall be collected by the City of Gillette, Department of Community Development,27 prior to the filing of the following applications:

    Permits for Services described within the Zoning Ordinance  
    PermitStarting 7/1/2015
    Development Plans$595
    Commercial Site Plan$340
    Planned Unit Development$680
    Zoning Map Amendment$340
    Zoning Text Amendment$340
    Zoning Variance$595
    Zoning Appeal$595
    Zone Lot Declaration$75
    Zero Lot Line Development$475
    Tower Application$340
    Permits for Services described within the Zoning Ordinance  
    PermitStarting 7/1/2015
    Development Plans$595
    Commercial Site Plan$340
    Planned Unit Development$680
    Zoning Map Amendment$340
    Zoning Text Amendment$340
    Zoning Variance$595
    Zoning Appeal$595
    Zone Lot Declaration$75
    Zero Lot Line Development$475
    Tower Application$340
    Permits for Services described within the Zoning Ordinance  
    PermitStarting 7/1/2015
    Development Plans$595
    Commercial Site Plan$340
    Planned Unit Development$680
    Zoning Map Amendment$340
    Zoning Text Amendment$340
    Zoning Variance$595
    Zoning Appeal$595
    Zone Lot Declaration$75
    Zero Lot Line Development$475
    Tower Application$340
    Permits for Services described within the Zoning Ordinance  
    PermitStarting 7/1/2015
    Development Plans$595
    Commercial Site Plan$340
    Planned Unit Development$680
    Zoning Map Amendment$340
    Zoning Text Amendment$340
    Zoning Variance$595
    Zoning Appeal$595
    Zone Lot Declaration$75
    Zero Lot Line Development$475
    Tower Application$340

     

    Permits for Services described within the Subdivision Ordinance
    PermitStarting 7/1/2015
    Annexation Plats$475
    Final Plat less than 5 lots$340
    Final Plat over 5 lots, plus $15 per lot over 10 to a maximum of $1500$850
    Preliminary Plat$680
    Vacation Plat 1 Lot$340
    Vacation Plat more than 1 lot$340
    Permits for Services described within the Subdivision Ordinance
    PermitStarting 7/1/2015
    Annexation Plats$475
    Final Plat less than 5 lots$340
    Final Plat over 5 lots, plus $15 per lot over 10 to a maximum of $1500$850
    Preliminary Plat$680
    Vacation Plat 1 Lot$340
    Vacation Plat more than 1 lot$340
    Permits for Services described within the Subdivision Ordinance
    PermitStarting 7/1/2015
    Annexation Plats$475
    Final Plat less than 5 lots$340
    Final Plat over 5 lots, plus $15 per lot over 10 to a maximum of $1500$850
    Preliminary Plat$680
    Vacation Plat 1 Lot$340
    Vacation Plat more than 1 lot$340
    Permits for Services described within the Subdivision Ordinance
    PermitStarting 7/1/2015
    Annexation Plats$475
    Final Plat less than 5 lots$340
    Final Plat over 5 lots, plus $15 per lot over 10 to a maximum of $1500$850
    Preliminary Plat$680
    Vacation Plat 1 Lot$340
    Vacation Plat more than 1 lot$340

     

    Permits for Services described within the Condominium Platting Regulations of the City of Gillette  
     Permit Starting 7/1/2015
    Condominium Plat, Plus $15 per unit over 10 to a maximum of $1500$475
    Permits for Services described within the Condominium Platting Regulations of the City of Gillette  
     Permit Starting 7/1/2015
    Condominium Plat, Plus $15 per unit over 10 to a maximum of $1500$475
    Permits for Services described within the Condominium Platting Regulations of the City of Gillette  
     Permit Starting 7/1/2015
    Condominium Plat, Plus $15 per unit over 10 to a maximum of $1500$475
    Permits for Services described within the Condominium Platting Regulations of the City of Gillette  
     Permit Starting 7/1/2015
    Condominium Plat, Plus $15 per unit over 10 to a maximum of $1500$475

    Effective on: 1/1/1901