The purpose of this chapter is to list the permitted uses, special review uses, temporary uses, nonconforming uses, accessory uses, parking requirements and home occupations for all of the zoning districts. In this manner, repetition is reduced and users of this ordinance will be able to refer to one chapter to obtain information on the zoning district uses and parking requirements.

The table of permitted uses should be used in close conjunction with the definitions of terms set forth in Chapter 1.

The following tables list uses that are regulated through the zoning ordinance. The uses are listed and a corresponding letter is printed for each zoning district. The letter "X" means the use is prohibited for that particular district. The letter "P" designates uses that are permitted in that particular district. The letter "S" means that a use may be permitted in a particular district, subject to approval by special review. The letters "CUP" mean that a conditional use permit must be obtained before the use is permitted in a that particular district.

The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district. Therefore, because the list of permissible uses set forth cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses. Notwithstanding, all uses that are not listed, even given the liberal interpretation mandated, are prohibited.

In the event that disagreements exist regarding the interpretation of a particular permissible use, appeals may be heard by the planning and zoning commission.

APPENDIX B ZONING
LAND USE TABLE

(Ord. No. 95-4, § 1, 6-5-95; Ord. No. 04-12, § 2, 11-16-04; Ord. No. 06-01, § 2, 3-7-06; Ord. No. 12-03, §§ 1, 2, 2-21-12; Ord. No. 20-02, § 1, 9-1-20)

(A)

Application Procedures: Applications for a special use permit shall be made to the person or persons designated by the city administrator having responsibility for the administration of this ordinance. The application shall include, but not be limited to, the following items:

(1)

The purpose of the application.

(2)

The name and address of the applicant.

(3)

The applicant's interest in the application, i.e., whether owner of the land or structure affected, or agent.

(4)

The name and address of any other interested parties such as owner or developer.

(5)

The nature and effect of the proposed application.

(6)

A legal description and a map of the area. The maps shall show the relationship of the property to abutting properties.

(7)

The existing zoning district designation.

(8)

A time schedule for development.

(9)

The names and addresses of all adjacent landowners.

The designated person or persons shall review the application for correctness and completeness and shall notify the planning commission and the governing body concerning the nature of the application and the date of its filing. The designated person or persons may forward a copy of the application to any other agency which might be affected by the special use for their comment. If a response or notification that a response will be given is not forthcoming within fifteen (15) days from the date on which the application was sent, then the agency not responding shall be considered to have no objection.

Applications shall be considered at a regular meeting of the planning and zoning commission. After due deliberation, the commission shall certify its findings and recommendations on any proposed special review use to the governing body in writing.

(B)

Public Hearing: No special use permit shall be approved until a public hearing has been held before the governing body at which all interested parties shall have an opportunity to be heard. Notice of the time and place of the public hearing shall be given by two (2) successive publications in a newspaper of general circulation in the city beginning at least fifteen (15) days before the date of the public hearing. Additionally, the area which is to be the subject of the hearing shall be posted for at least fifteen (15) days prior to the hearing. The posted notices shall be in number, size and location as prescribed by the person or persons designated by the city administrator for administration of this ordinance, shall state the proposed use for which a special use permit is requested, and shall state the time and place of the public hearing. Notices shall be posted by the applicant as required and removed by the applicant within fifteen (15) days after the public hearing has been held.

After the public hearing has been held, the governing body shall vote on the special use permit application. In its deliberation, the governing body shall take into consideration all of the evidence and comments presented at the hearing, agency and community comments, and the recommendations of the planning and zoning commission. No special use permit shall be approved until the governing body has adopted a resolution that states the intent of the governing body concerning the permit.

In granting a special use permit, the governing body may attach to the permit such reasonable requirements with the intent to ensure that the development in its proposed location:

(1)

Will not endanger the public health or safety;

(2)

Will not injure the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located; and

(4)

Will be in conformity with the comprehensive master plan.

(C)

[Review Procedure:] This special use review procedure will be followed in consideration of any applications where the requested use:

(1)

Requires special review under Section 9.2, Table of Uses; or

(2)

Is nonconforming in nature but is believed to:

a.

Not endanger public health or safety;

b.

Not injure the value of adjoining or abutting property;

c.

Be in harmony with the area in which it is located; and

d.

Be in conformity with the comprehensive master plan.

(D)

Transfer of Special Use Permit: The owner of property for which a special use permit has been issued may apply to transfer said permit to a new location by submitting an application to the designated administrator of this ordinance. The application to transfer shall be accompanied by an application for a new special use permit for the new location as provided in paragraph (A) above, and a description of the existing special use permit. Coincident with consideration of the new application by the planning and zoning commission, the transfer of the existing permit shall be submitted to the governing body. The governing body may, in its discretion, authorize transfer of the existing permit for a period not to exceed ninety (90) days. Issuance or denial of a new permit shall abrogate the transferred permit and all of its terms and conditions.

(Ord. No. 90-2, § 1, 2-7-90; Ord. No. 94-12, 9-20-94)

A "temporary use" shall be defined as a use which is temporary in nature, including, but not limited to, construction offices and facilities related to a building site during construction, seasonal sales and bazaars, public gatherings, and which use, if commercial in nature, generally is permitted to occur only within a zoning district in which the use would be allowed if permanent.

(A)

Permits: A temporary use permit shall be required for each occurrence of a permissible temporary use. Applications for temporary use permits shall be submitted to the building inspector. The application for this permit shall contain:

(1)

Name and address of the applicant responsible for the operation of the temporary use.

(2)

A description of location of the event and/or structures to be occupied or otherwise utilized by the event.

(3)

A description of the activity for which the permit is being sought.

(4)

A statement on the hours of operation and the duration of the event or activity.

(B)

Allowable Temporary Uses: Subject to the requirements of Section 10.3(A), the following uses may be operated as temporary uses:

(1)

Noncommercial asphalt or concrete mixing plant necessary for construction in the immediate surrounding area. Each permit shall specify the relationship of the plant location to the construction activity. Each permit shall be valid for a period of six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location.

(2)

Bazaar, carnival or fair. Provided that each permit shall be valid for a period of not more than five (5) days and that a period of at least ninety (90) days shall intervene between the termination of one permit and the issuance of another at the same location. The approval of the governing body of the City of Green River shall be required for the issuance of a temporary use permit for a bazaar, carnival or fair.

(3)

Christmas tree sales. Sales shall be permitted only in the B-1, B-2 or PB districts. No permit shall be issued prior to the fifteenth day of November of each year and each permit shall be valid for a period of forty-five (45) days.

(4)

Parking lot for a special event. Provided that each permit shall be valid only for the duration of the designated special event and shall be operated and occupied only during the times the special event is operating.

(5)

Produce stand. Stands shall be permitted only in the B-1 (General Commercial) zone district. Each permit shall be valid for a period of ninety (90) days and may be renewed for an additional thirty-day period.

(6)

Public gathering for a single purpose event. Each permit shall be valid for a period of not more than five (5) days and that a period of at least ninety (90) days shall intervene between the termination of one permit and the issuance of another at the same location.

(7)

Temporary building or construction yard. Provided that the use is incidental and necessary for current construction in the immediately surrounding area. Each permit shall specify the location of the building/yard and its relationship to the construction activity. Each permit shall be valid for six (6) months and shall not be renewed for more than four (4) successive periods at the same location.

(8)

Temporary sales office. Provided that the use is incidental and necessary for the sale or rental of property in the immediately surrounding area. Each permit [shall be valid] for six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location.

(9)

Temporary mobile home residence. Provided that they are temporary housing for construction workers of larger residential and nonresidential projects and not directly adjacent to developed single-family areas. The mobile homes shall be used for security and office use only by the construction workers employed on site and to their immediate families. No more than two (2) mobile homes shall be permitted on any site.

(10)

Temporary construction office. Provided the use supports construction activity taking place within the district. The office shall be operated by and for the direct use of the contractor, owner or developer of the construction project, and shall be located on the construction site or, if more than one site, in the immediate area where the construction is taking place. Each permit shall show the construction area and the location of the temporary office in relation to the construction site or area. A mobile home may be utilized as a temporary construction office. The permit shall be valid for a period of twelve (12) months and shall not be renewed for more than twelve (12) months at the same location.

Any use or structure in existence in the city on the effective date of this ordinance that complied with all previously applicable legal and safety requirements is deemed to be legally nonconforming. A nonconforming use occurs when any property is used for a purpose or in a manner that does not conform to the use regulations, as described in the table of uses, Section 9.2, for the zoning district in which is located. A nonconforming structure is a structure that does not conform to the height and bulk requirements for the zoning district in which it is located. Such legally existing nonconforming uses and structures are not subject to the provisions of this chapter, yet any changes to such use or structure shall meet the following requirements:

(A)

No Area Enlargement: A nonconforming use may be continued on the same land area and within the same floor area as that which existed on the date when the use first became noncomforming. The area occupied by a nonconforming use within an existing structure of tract of land may not be enlarged or extended.

(B)

Structural Alteration: Except as provided herein, no person or persons may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming structure. In particular, physical alteration of a nonconforming structure is unlawful if such activity results in:

(1)

An increase in the total amount of space devoted to a nonconforming use; or

(2)

Greater nonconformity with respect to dimensional restrictions such as setback requirements or height limitations.

(C)

Termination:

(1)

If active and continuous operation of a nonconforming use is discontinued for a period of eighteen (18) consecutive months, the structure or tract of land shall subsequently be used only for a conforming use.

(2)

The right to operate and maintain a nonconforming primary structure shall not terminate if the structure is damaged or destroyed in any manner. Repair or replacement of such damaged or destroyed structures shall be permitted, providing that the repair or replacement will comply with Section 9.5(B) of this ordinance. Any nonconforming structure may be repaired or upgraded, so long as the extent of nonconformity is not increased.

(D)

Safe Condition: A nonconforming structure found to be unsafe must be restored to a safe condition.

A.

Accessory Buildings, Structures and Uses: "Accessory buildings, structures and uses" shall be defined as a building, structure, or use located or conducted upon the same lot or on a contiguous lot in the same ownership as the principal building, structure or use to which it is related, and which is:

1.

Clearly incidental to, and customarily found to be associated with, such principal buildings or use; and

2.

Is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.

B.

Zone Condition: Any use which complies with the following applicable zone conditions may be allowed as an accessory use to a principal use:

1.

Meets the definitional requirements as stated in paragraph A above.

2.

Does not include structures or structural features inconsistent with the permitted use.

3.

Does not include residential occupancy.

C.

Accessory Structures, Buildings and Uses, Supplemental.

1.

A garage that is attached to a single family residence is not limited in size but must comply to height and setback requirements in Section 2.3 as part of the principal structure.

2.

Up to two (2) accessory structures limited to storage of personal property (including shed structures) may be permitted, provided the exterior horizontal dimensions do not exceed thirty (30) feet in either direction, the aggregate square footage of the two (2) accessory structures combined does not exceed one thousand two hundred (1,200) square feet, and the accessory structures comply to height and setback requirements in Section 2.3.

3.

When the permitted use structure is a multi-family dwelling in an R-3 or R-4 zone, the accessory structure shall not exceed four hundred (400) square feet per dwelling unit.

4.

Separate detached structures containing an accessory use or uses shall be, at the minimum, ten (10) feet from structures containing a permitted use.

5.

Separate detached structures shall conform to all setback requirements as set forth in the height and bulk requirements for each zone district.

6.

Property owners who locate an accessory structure within an easement, and property owners who purchase property with an existing accessory structure located within an easement, are responsible for all costs associated with dismantling, relocating, and/or rebuilding said structure should the easement holder choose to exercise their easement rights.

7.

Accessory structure are not permitted in the front yard of any lot.

8.

When the permitted use is a boarding and/or rooming-house, nursing home, hospital, elementary school or secondary school, then a restaurant and/or cafeteria may be considered as permissible accessory uses.

D.

Grace Period for Compliance. Any accessory structure or accessory use which is not deemed a legally existing nonconforming structure or a legally existing nonconforming use under section 9.4 of this chapter shall be brought into compliance with all zoning requirements within two (2) years of the effective date of Ordinance No. 06-03.

(Ord. No. 90-2, § 2, 2-7-90; Ord. No. 96-1, § 1, 1-2-96; Ord. No. 99-3, § 1, 4-6-99; Ord. No. 05-10, § 8, 7-5-05; Ord. No. 06-03, § 4, 3-7-06)

It is the intent of this section to regulate the number, size and location of parking spaces for residential, commercial and industrial development within the City of Green River. Specific requirements for the number of parking spaces to be provided are included in the Table of Uses.

(A)

General Requirements:

(1)

Parking provisions. Except in the B-2 District, all required parking must be off-street. Parking and loading shall be provided and maintained as required by this chapter for all permitted uses which are established after the effective date of this ordinance. The B-2 District shall not be required to provide off-street parking spaces but shall be required to meet all other parking requirements.

(2)

Not retroactive to existing permitted uses. These requirements shall not be retroactive to permitted uses existing on the date this ordinance becomes effective but shall apply to any expansion of these uses which occurs after that date.

(3)

Provided in same lot. Off-street parking and loading facilities shall be provided on the same zone lot and under the same ownership as the permitted use which it is intended to serve, except as hereinafter provided unless a special plan for off-street parking is followed under paragraph (B) of this parking requirements section.

(4)

Joint lot use. Parking spaces required by each of two (2) or more permitted uses located on the same zone lot need not be separated and may be used jointly.

(5)

No elimination of existing off-street parking. No structure shall be erected or enlarged, nor shall any use be enlarged, if such action will eliminate existing required off-street parking areas.

(6)

Size. Off-street parking spaces shall be at least nine (9) feet wide and eighteen (18) feet long.

(7)

Surface. Parking and loading spaces, and driveways shall be graded for proper drainage and provided with a paved surface consisting of asphalt or concrete, as approved by the director of community development.

(8)

Accessibility. Each parking or loading space must be usable and readily accessible.

(9)

Designated entry and exit. Required parking and loading areas shall be provided with designated entrances and exists located so as to minimize traffic congestion and avoid undue interference with public use of streets, alleys and walkways.

(10)

Parking lot use. Parking and loading areas provided in accordance with the requirements of this resolution shall not be used for the sale, repair, assembly or disassembly, storage or servicing of vehicles or equipment, unlicensed and inoperable vehicles shall not be stored in any required parking or loading space.

(11)

Parked vehicle boundary. Parking and loading spaces shall be arranged in such a manner that no part of any parked vehicle shall extend beyond the property line.

(B)

Off-Street Loading Requirements:

(1)

Off-street loading spaces shall be located on the same zone lot as the structure for which provided.

(2)

Individual off-street loading spaces shall be located only in side or rear yards of the zone lot and shall be at least twelve (12) feet wide, fifty (50) feet long, and shall have a minimum height clearance of fourteen (14) feet.

(3)

The number of off-street loading spaces shall be designed to accommodate the needs of the permitted use for which they are provided, subject to the review of the person or persons designated by the city administrator as having responsibility for the administration of this ordinance. Adequate areas for maneuvering, ingress and egress shall be provided.

(C)

Special Plan for Off-Street Parking:

(1)

Under the provisions of this ordinance, off-street parking is required to be located on the same zone lot and operated under the same ownership as the permitted use. Under the following conditions, required off-street parking may be provided on a zone lot separate from that containing the permitted use:

(a)

The separate zone lot must be within three hundred (300) feet of the zone lot containing the permitted use.

(b)

The separate zone lot must be located within a zoning district where the parking of vehicles is a permitted use.

(c)

A special plan for separated off-street parking must be submitted to, approved and recorded by the planning commission.

(2)

All applications for approval of a special plan shall be filed with the building inspector and shall include the following details:

(a)

A statement by the owner or owners of the entire land area to be included within the special plan and the owner or owners of all structures on the designated land area agreeing to all of the provisions of the plan.

(b)

Sufficient evidence to establish to the satisfaction of the building inspector that the applicants are the owners of the designated land and structures.

(c)

The location and size of the permitted uses or structures for which off-street parking is required.

(d)

The location and layout of the required off-street parking spaces and their distance in relationship to the permitted use.

(3)

An approved special plan shall be filed among the records of the building inspector.

(4)

All special plans which have been approved and recorded shall be binding upon the owners of the land area and structures included in the special plan and their successors and assigns. Such plans shall control all zoning permits and certificates and the use and operation of the designated structures and land areas.

(5)

Special plans may be amended or withdrawn through the same process by which they first gained approval.

(Ord. No. 05-10, § 9, 7-5-05)

(A)

Home Occupations: Home occupations are permitted in R-1, R-2, R-3, R-4 and MH Zones Districts subject to the following:

1.

In addition to family members residing in the dwelling unit, only two (2) persons may be employed by an on-site home occupation. An off-site home occupation may employ no more than five (5) persons, in addition to family members residing in the dwelling unit. In addition to family members residing in the dwelling, more than five (5) employees for an off-site home occupation may be permitted with conditional use permit approval from the Planning and Zoning Commission.

2.

The home occupation shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and not change the residential character thereof.

3.

There shall be no exterior storage of materials incidental to the home occupation, on the site of the home occupation.

4.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation, including signs.

5.

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

6.

All outdoor activities associated with on-site home occupations, and all activities that produce noise, odor or light which is detectible beyond the residence, shall be limited to the hours of 8:00 a.m. to 8:00 p.m.

7.

Equipment and motor vehicles:

a.

Mechanical equipment associated with the home occupation shall be stored or contained within the dwelling unit or an accessory building.

b.

Motor vehicles, such as cars, trucks, and semi-tractors without the trailer unit, are permitted but may not be parked on the street or right-of-way.

c.

Construction equipment under six thousand (6,000) pounds G.V.W. are permitted but must be stored within a garage or accessory building.

d.

Equipment and vehicles not specifically mentioned in this section are prohibited.

8.

The total area used for such purposes shall not exceed twenty-five (25) percent of the gross floor area of the combined dwelling unit and attached garage.

9.

Any parking incidental to a home occupation, whether for customers or employees, shall be provided on the site and must be improved. The street right-of-way may not be used for temporary parking by employees of an off-site home occupation. Home occupations that do not see customers at the residence need not provide additional on site parking spaces.

10.

Under no circumstances shall any of the following activities be considered a home occupation: restaurant, veterinarian's clinic, barber shop or beauty parlor with more than one station, animal kennels, on-site welding, automotive engine repair or service, automotive body shop, health clinic, mortuary, or nursing home. Taxidermy is permitted only with a conditional use permit approved by the Planning and Zoning Commission.

11.

All home occupation permits shall expire on March 31 of each year and must be renewed annually.

12.

The use, storage, or disposal of materials that may affect the health, safety, welfare or character of the residential area must conform to standards set for those materials by the appropriate regulatory agency, and such materials may not be held in such quantities as to adversely affect the health, safety or welfare of the residential area.

(B)

Application Procedure. Those individuals interested in applying for a home occupation permit shall follow the procedures provided below:

1.

Applications for a home occupation permit shall be made to the community development department. The initial application shall include a list showing names and addresses of all adjacent property owners, and the required filing fee. For purposes of this section, adjacent property owner means the registered owners of those properties abutting on all sides, as well as the property located directly across any dedicated street or alley.

2.

The community development department shall make a preliminary determination if a home occupation permit should be granted. After reviewing the application, community development shall contact by letter all adjacent property owners of the proposed home occupation property. The letter shall indicate that an application has been filed and tentatively approved for an on-site or off-site home occupation. Adjacent property owners for the proposed home occupation shall have fourteen (14) calendar days from the date of the letter to file with the community development department a written objection to the home occupation. If a written objection is received, the application for the home occupation will be referred to the Planning and Zoning Commission and must receive approval. An additional fee may be required for this step in the approval process. The applicant's home occupation application shall be reviewed according to the requirements set forth in this ordinance. If community development staff preliminarily determines the home occupation permit should be granted, and an objection is not filed with the community development department within the prescribed time period, then the application shall be approved and a home occupation permit should be issued. Subsequent renewals for the same business activity at the same address shall not require re-notification of adjacent property owners, unless required by the Planning and Zoning Commission.

3.

If the applicant cannot meet the requirements for a home occupation, the application shall be denied. A denial of a home occupation permit by community development staff may be appealed to the planning and zoning commission.

4.

If there are any changes in the conditions or operation of the home occupation described in the application, as approved by either community development or the Planning and Zoning Commission, the applicant shall submit a new application and obtain approval of said changes in accordance with the requirements of this section.

(C)

Inspection/Complaints. Should a complaint be received or a problem be brought to the attention of community development, staff shall conduct an whether the home occupation be an on-site or off-site home occupation, to ensure compliance with the provisions of this section. Inspections shall be limited to those areas of the home where the home occupation is conducted. If community development staff determines that the home occupation permittee has not complied with the requirements of this section, or if a signed, written complaint about the home occupation is received and preliminarily found to be valid by community development staff, the home occupation permittee shall be brought before the Planning and Zoning Commission for further review. The Planning and Zoning Commission has the authority to continue, suspend, revoke or amend any home occupation permit at any time.

(D)

Special Requirements for Child Care Home and Child Care Center. All child care centers, family child care centers, and family child care homes located within a residential district shall be exempt from the requirement of obtaining a home occupation permit and instead shall be required to obtain a conditional use permit as set forth in section 9.9 herein. In addition, said businesses shall obtain all required licenses from the State of Wyoming Department of Family Services and a city business license.

(Ord. No. 04-12, § 3, 11-16-04; Ord. No. 05-09, § 1, 7-5-05; Ord. No. 06-01, § 3, 3-7-06; Ord. No. 06-06, § 1, 7-5-06)

(A)

Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. A conditional use permit application may be submitted for those uses listed in this chapter as a conditional use, in the particular district it is to be located in. When certain circumstances exist, a conditional use permit may be granted. The conditional use permit may be issued for a specified period of time, with automatic cancellation at the end of that time unless it is renewed, or conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm.

(B)

Application for Conditional Use. The applicant for a conditional use permit shall complete and submit: (1) an application form, along with the required fee; (2) a site plan, prepared in accordance with Section 1.6(F) of Appendix B to the Green River Code; and (3) the names and mailing addresses of all property owners within two hundred (200) feet of the subject property. An application for conditional use permit shall be filed a minimum of fourteen (14) days prior to the Planning and Zoning Commission meeting at which it will be heard.

(C)

Notification of Conditional Use Permit Review. After reviewing the application, the director of community development shall contact by letter all property owners within two hundred (200) feet of the proposed conditional use property. The letter shall indicate that an applicant has filed for a conditional use permit. Affected property owners shall have seven (7) calendar days from the date of the letter to file with community development a written objection to the conditional use permit. If a written objection is received, the application for a conditional use permit will be referred to the planning and zoning commission for action to approve or deny the application. If a written objection is not received, the director of community development shall approve the conditional use permit application.

(D)

Review and Decision by Planning and Zoning Commission. The Commission shall consider the effect of the proposed Conditional Use on the health, safety, and general welfare of the surrounding properties, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and the effect of the proposed use on the Comprehensive Master Plan. The Commission may grant the application by motion, imposing such conditions and safeguards as it deems necessary, or the application may be denied. A Conditional Use Permit application may be denied by motion of the Commission. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval exist. A Conditional Use Permit application that has been denied wholly or in part shall not be resubmitted for a period of six (6) months.

(E)

Notification of Commission Action. The applicant shall be notified in writing of the action taken by the Planning and Zoning Commission. If the application has been granted, the Conditional Use Permit shall be issued with any conditions stated on said permit.

(Ord. No. 04-12, § 3, 11-16-04; Ord. No. 05-09, § 1, 7-5-05)