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Rawlins City Zoning Code

CHAPTER 19

40. - USE REGULATIONS

Sec. 19.40.010. - Regulations supplemental.

This chapter contains general regulations applying to zones and uses.

(Ord. No. 9-89(part))

Sec. 19.40.020. - Placement of accessory uses and structures.

The placement of a private garage, accessory parking area or other accessory building or use shall be subject to the following requirements:

A.

Except as provided for in (I) below, no accessory building shall be constructed within five feet of any rear lot.

B.

Nothing contained in this section shall prevent the construction of a private garage as a structural part of a main dwelling; provided that, when so constructed, the exterior garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this title.

C.

No private garage or other accessory building shall be within a required front yard, or within a required side yard, except that in any nonresidential district a parking area may utilize the portion of a side yard not otherwise required for a planting screen.

D.

Any access driveway may be located within a required side yard or required front yard.

E.

Required accessory buildings and uses shall be on the same lot with the main building or buildings or on an immediately adjacent lot in the same ownership or control or within the site limits of an approved site plan of development. A leasehold or easement may constitute control; however, continued occupancy may be conditioned on continuation of the control or equivalent.

F.

Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.

G.

No required accessory parking area or off-street truck loading space shall be encroached by buildings, open storage or any other use.

H.

Accessory private garages may be constructed within or under any portion of a main building; provided that the access driveway does not at any point have a grade in excess of ten percent.

I.

Portable accessory buildings of 120 square feet or less having no utility connections may be located on a lot line.

(Ord. No. 9-89(part); Ord. No. 07f-02, 7-16-2002; Ord. No. 19.40.020, 7-18-2002)

Sec. 19.40.030. - Lot area, width and coverage.

The provisions of subsection B of Section 19.40.020 shall not prevent the construction of a permitted single-family detached dwelling unit on any lot that was lawful when created and which, to the effective date of these regulations, was in separate ownership duly recorded by plat or deed; and provided that:

A.

The lot does not contain less than two-thirds of the required minimum lot area as specified in subsection A of Section 19.24.050; and

B.

The percentage of the lot area covered by the dwelling unit shall not exceed twenty percent of the area of the lot; and

C.

All setback requirements shall be met; and

D.

This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of these regulations, in any case where the re-parceling or re-platting could meet the requirements of these regulations.

(Ord. No. 9-89(part))

Sec. 19.40.040. - Height.

A.

Nothing contained in this title shall restrict the height of a church spire, cupola, dome, mast, belfry, clock tower, radio or transmission line, tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft or similar structure, provided that no structure shall:

1.

Have a lot coverage at the base in excess of ten percent of the lot area;

2.

Be used for residence or tenancy purposes;

3.

Have any advertising sign or device inscribed upon or attached to the structure.

B.

Airport Safety Zone—Maximum Height. Except for field crops and fences under five feet in height, the maximum heights of any object, building or structure located within five hundred feet of either side of the centerline of a landing strip or runway and extended to a distance of two miles from the end of the landing strip or runway shall be no higher than one one-hundredths of the distance of the object, structure or building to the landing strip or runway.

(Ord. No. 9-89(part))

Sec. 19.40.050. - Fences.

A.

Fences, walls and hedges permitted as accessory uses except that no fence, wall, or hedge shall be permitted which obstructs vision to an intersecting street, or right-of-way, or which is a potential hazard to vehicular or pedestrian traffic. Notwithstanding other provisions of this title, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard.

B.

Height Limitations. Except in industrial zones or when otherwise required by ordinance or when specifically approved otherwise by the Planning & Zoning Commission in accordance with the provisions of Chapter 19.56, no fence or wall shall exceed six (6) feet in height. Exceptions to height limitations for detention facilities or jail. No fence, wall or hedge along the sides or front edges of any front yard, shall exceed four feet up to the time of twenty-five (25') feet at which time height can be six (6') feet along the sides in height except in industrial zones where they shall not exceed eight (8) feet in height.

C.

Fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of despair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence which is or has become dangerous to the public safety, health, or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance, and the Zoning Enforcement Officer shall commence proper proceedings for the abatement thereof.

D.

In no case shall barbed wire be used for fencing and on the tops of walls or fences shall not be adorned with pointed or sharp protrusions of any kind except in industrial zones where fences, not less than five feet high, may be provided with three strands of barbed wire at the top.

E.

Electrified Fences are prohibited.

F.

Notwithstanding other ordinances and sections of the ordinance codified in this title where not prohibited by subdivision covenants or deed restrictions, walls or fences may be permitted to encroach on a public right-of-way to the extent allowed by the following standards:

1.

On streets in which curb and sidewalks are present, no fence or wall shall be placed any closer than the outside edge of any existing sidewalk;

2.

On streets which have no sidewalks but have curb, no fence or wall shall be placed closer than sixty (60) inches to the back of any existing curb;

3.

On streets which have neither curb nor sidewalk, the director of planning shall specify a placement of the fence or wall corresponding to the position stated in Subsection A of this section if a sidewalk were ever built according to city specifications;

4.

No Encroachment shall be allowed on alley rights-of-way.

G.

The city assumes no future responsibility or liability of the modification, removal or destruction of such improvements necessitated by future public need for use of privately improved rights-of-way. All costs for such will be borne by the private property owner responsible for the improvements, his heirs or successors. All such construction within the city rights-of-way as specified shall also be subject to the provisions of Chapter 12.20 and shall require a permit.

H.

Any business utilizing storage lots which face the main thoroughfares of the City and which are visible from the roadway shall be enclosed with opaque fencing or a landscaping plan approved by the Community Development Department. These include the following:

a.

Spruce Street to 3rd Street;

b.

Cedar Street to 3rd Street;

c.

Higley Blvd. Bypass from Cedar Street to Hwy 287.

I.

Any Junk Yard, Salvage Yard, or Wrecking Yard shall adhere to fencing and screening requirements as set forth in Wyoming's Junkyard Control Act, W.S. 33-19-101 et seq.

J.

If a landscaping plan is utilized in lieu of fencing, it must be approved by the Community Development Department prior to implementation. If approved, landscaping must be continually maintained by the property owner. Failure to properly maintain landscaping may result in issuance of a citation pursuant Chapter 8.16.

K.

If a use listed in Section 19.28.020, Schedule of uses, includes fencing requirements that are more specific or restrictive than those set forth in this section, the requirements in Section 19.28.020 shall govern and must be adhered to in addition to the general standards in this section. Where a conflict exists, the more restrictive provision shall apply.

(Ord. No. 9-89(part); Ord. No. 11-2007, 11-6-2007; Ord. No. 9-2021, 9-21-2021; Ord. No. 12-2025, § 1(19.40.050), 12-2-2025)

Sec. 19.40.060. - Through lots.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. If one street is other than a local street, some common fencing, landscaping or other design treatment may be approved by the planning commission if the treatment is somewhat uniform for the block.

(Ord. No. 9-89(part))

Sec. 19.40.070. - Corner clearance.

A.

Clearance on Corner Lots. At all street intersections visual clearance shall be maintained extending back seventy-five feet from the intersection of the centerline of the bounding streets, as shown in the sketch attached to the ordinance codified in this title. The height of all construction, shrubs or other visual obstructions in this subtended triangle shall not exceed thirty-six inches in height above the centerline of the streets; trees shall have the lower branches trimmed to provide clear vision eight feet above the centerline of the streets.

B.

On lots abutting alleyways, no solid fence shall form a visual blockade at the entrances to the alleyways. Chain link fences, low shrubbery up to thirty inches in height, or hedgerows are acceptable but should be so maintained as to provide maximum visibility for vehicles entering traffic from alleyways.

(Ord. No. 9-89(part))

Sec. 19.40.080. - Stripping of topsoil.

No persons, firms or corporations shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken except in connection with the construction or alteration of a building on the premises and excavation or grading incidental thereto.

(Ord. No. 9-89(part))

Sec. 19.40.090. - Undeveloped space or tract.

No lot, yard, court or other undeveloped space containing the minimum or less than the minimum required area under this title shall be further divided or reduced.

(Ord. No. 9-89(part))

Sec. 19.40.100. - Sidewalks.

Combination curb, gutter and sidewalks shall be built according to city construction standards.

(Ord. No. 9-89(part); Ord. No. 11-2007, 11-6-2007)

Sec. 19.40.110. - Livestock.

No livestock or poultry shall be kept or maintained (without proper permits issued by the animal control officer for poultry only) in any zone other than R-A in accordance with ordinance; dogs, cats and other household pets are excepted.

(Ord. No. 9-89(part))

Sec. 19.40.120. - Gross floor area.

No single-family residence building shall hereafter be erected or altered, with a gross floor area (exclusive of attached garages, porches, cellars and basement) of less than nine hundred square feet, except that in El Rancho Verde Park Additions the gross floor area (exclusive of attached garages, porches, cellars and basements) shall not be less than one thousand square feet, and except in Painter Additions the gross floor area (exclusive of attached garages, porches, cellars and basements) shall not be less than eight hundred seventy-five square feet; provided that a dwelling of more than one story above the basement shall have not less than seven hundred fifty square feet of ground floor area (exclusive of garages, porches, cellars and basements).

(Ord. No. 9-89(part))

Sec. 19.40.130. - Public garages and filling stations.

All public garages and filling stations shall be so arranged, and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within fifteen feet of any street line or side lot line, nor within twenty feet of any residential district boundary lines.

(Ord. No. 9-89(part))

Sec. 19.40.140. - Private swimming pools.

A.

A private swimming pool accessory to a residential use, which is designed to contain a water depth of twenty-four inches or more, shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations. A permit shall be required to locate, construct or maintain a private swimming pool.

B.

The pool shall be located in a rear yard only.

C.

The pool shall be not less than fifteen feet from side and rear lot lines.

D.

If the water for the pool is supplied from a private well there shall be no cross-connection with any public or community water supply system.

E.

If the water for the pool is supplied from the public water system, the inlet shall be above the overflow level of the pool with sufficient air gap to prevent siphoning.

F.

The pool shall be enclosed by a fence, no less than six feet in height, equipped with self-locking gates to isolate the pool from other uses.

G.

No permit shall be granted for the installation or construction of the swimming pool unless the zoning officer has certified that the drainage of the swimming pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

(Ord. No. 9-89(part))

Sec. 19.40.150. - Site plan approval.

Any permitted uses unless otherwise excepted in this title shall require site plan approval. The site plan shall be submitted in adequate detail to permit the zoning officer to evaluate the plan to determine its conformance with these provisions. Building permits shall not be issued until the plan is certified as to conformance with this title.

(Ord. No. 9-89(part))

Sec. 19.40.160. - Special design standards.

Certain design standards are requisite to ensure good development and to avoid the need of expensive corrective measures by the city. It is, therefore, the intent to provide a few minimum design standards relating to drainage, sanitation, water supply and roads to be applied as development occurs.

(Ord. No. 9-89(part))

Sec. 19.40.170. - Drainage.

A.

No building shall be erected, structurally altered or relocated on, or any building permit issued for a site or tract which is subject to periodic flooding unless adequate provisions are made to ensure flooding will not affect or damage the improvements and access thereto. Compliance must be met with the grading and drainage ordinance.

B.

No building or structure, except a flood-control facility, dam or irrigation structure, shall be erected or located in a floodplain. Uses permitted in a floodplain shall be limited to flood control, recreation and parking. No construction except for a flood-control facility or dam or alteration of topography shall be made, which will obstruct or restrict the natural flood channel and cause other lands to be flooded.

C.

No building permit shall be issued for construction or use in any floodplain unless specifically approved by the city council.

(Ord. No. 9-89(part))

Sec. 19.40.180. - Sanitation and water supply.

A.

No building permit shall be issued for the erection, alteration or relocation of a building for human use or occupancy which will not be connected to a public or community sewage system or will provide for a private or on-lot sewage system (septic tank) which meets the standards and requirements of the State Health Department. No certificate of occupancy shall be issued until these requirements are met.

B.

No building permit shall be issued for the erection, alteration or relocation of a building for human use or occupancy which will not be adequately served by a water supply facility which meets the standards and requirements of the State Health Department.

(Ord. No. 9-89(part))

Sec. 19.40.190. - Home occupation conditions.

Every applicant for a home occupation permit which allows a home occupation shall have the burden to prove that the following conditions are met:

A.

Generally.

1.

The home occupation must be clearly incidental and secondary to the residential use of the property.

2.

The home occupation shall not detract from or significantly detrimentally affect the residential character of the neighborhood.

3.

There shall be no storage of equipment or material allowed outside of the approved buildings.

4.

There shall be no evidence of the home occupation visible from outside the buildings, with the exception of not more than one sign, pursuant to the conditions imposed by Chapter 19.48.

5.

There shall be no use of tools or equipment which can be heard by an average person off the property in the hours of darkness.

6.

There shall not be any nuisance created by the occupation as defined by ordinance.

7.

The home occupation shall be limited to such location on the property as has been approved, and shall not be expanded therefrom.

8.

No retail sales shall be conducted or stock-in-trade maintained on the property, unless:

a.

The items being sold or maintained are produced on the property; or

b.

The sales are incidental to a service oriented business and are clearly minor in relation to the primary business; or

c.

The sales are clearly to dispose of dated samples and are only available on a periodic basis.

B.

Parking Requirements.

1.

Major home occupations applicants shall submit a proposed parking plan for approval and shall maintain such during the term of the use. The plan shall include a drawing showing all on-street and off-street parking spaces which are available for use within a one-half block radius of the proposed use. The requirements of Section 19.44.030 shall be considered in the review of the application, but shall not be controlling for the limited use. Off-street parking shall be available for employees where feasible.

2.

Minor home occupation applicants shall note on the application the available on-street parking spaces which adjoin the property containing the proposed use.

(Ord. No. 2-91(part))