Rawlins City Zoning Code

A.

The Board of Adjustment shall hear and decide such appeals as may be taken from orders, requirements, decisions and determinations made by the Planning & Zoning Commission or city staff charged with the enforcement and interpretation of the provisions of this title.

B.

In the case of an appeal, the Board shall:

1.

Fix a reasonable time for hearing an appeal of not less than ten days nor more than forty-five days from the date of appeal;

2.

Give not less than 48 hours' notice to the public of the scheduled hearing;

3.

Provide not less than five days' notice to the parties in interest; and

4.

Decide the appeal within thirty days after the hearing.

C.

Any party may appear in person at the hearing or by agent or attorney.

D.

The Board shall adopt written rules for the parties to follow during the hearing, which shall ensure that each side is allowed to present such evidence as is relevant and useful in the view of the Board, without undue repetition, and that each party shall have the opportunity to argue its position. If no such rules are adopted or effective, then the Wyoming rules for Administrative Hearings shall apply.

E.

The Board may reverse, modify or affirm in whole or in part the order, requirement, decision of determination as it deems appropriate, provided, however, that no power exercised by the Board under this paragraph shall exceed the power or authority vested in the Planning & Zoning Commission or staff member from whom the appeal is taken.

(Ord. No. 4A-95, 4-18-1995)

A.

Any aggrieved person or the City if directly affected by a decision of the Planning & Zoning Commission or city staff concerning this title may appeal such decision to the Board of Adjustment. Appeals must be filed within thirty days following the issuance of the action by the Planning & Zoning Commission or the staff person. The appeal must be filed in writing by delivering a "Notice of Appeal" to the Planning Commission or staff person making the decision and to the Director of Community Development. The Appeal must state with specificity the Planning & Zoning Commission or staff person who made the decision; the date of the decision; the decision that was made; the adverse effect being appealed; the reason the decision was improper and the decision that should have been reached. The Planning & Zoning Commission or staff member from whom the appeal is taken shall immediately transmit to the Board of Adjustment the complete record of the action from which the appeal is taken by delivering a copy of such to the Director of Community Development.

(Ord. No. 9-89(part); Ord. No. 4A-95, 4-18-1995)

A properly filed appeal from a decision by the Planning & Zoning Commission or city staff may, if requested by the Appellant, stay all proceedings related to the appeal if good cause is shown by the appellant to the Board of Adjustment in sworn affidavit for such stay, provided, however, that no stay shall be granted if the Planning & Zoning Commission or city manager certifies to the Board of Adjustment that the facts affirmed to the Board demonstrate an immediate threat to life or property which can be avoided by denying the stay. In such case, no stay shall be granted except by restraining order issued by the District Court for good cause shown.

(Ord. No. 9-89(part); Ord. No. 4A-95, 4-18-1995)

A.

The Board has the power to:

1.

Hear and decide special exemptions to the terms of the ordinances found in this title.

2.

Vary or adjust the strict application of any of the requirements of any ordinance adopted pursuant to this title in the case of any physical condition applying to a lot or building if the strict application of the regulations of this title would deprive the owner of the reasonable use of the land or building involved. The Board shall set forth its findings of fact in writing, with copies of such sent to each of the parties within the time specified herein. Any decision made by the Board shall be based upon the finding that there are unique circumstances to the property being addressed and that no adjustment in the strict application of any provision of an ordinance may be granted unless:

a.

There are special circumstances of conditions fully described in the Board's findings, which:

1.

Are peculiar to the land or building for which the adjustment is sought; and

2.

Do not apply generally to land or buildings in the neighborhood; and

3.

Have not resulted from any act of the applicant subsequent to the adoption of the ordinance:

b.

There are circumstances or conditions fully described the Board's findings such that:

1.

The strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building;

2.

The granting of the adjustment is necessary for the reasonable use thereof; and

3.

The adjustment granted is the minimum adjustment that will accomplish the intended purpose; and

c.

The granting of the adjustment is in harmony with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

3.

Grant exemption and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of local ordinance and the City has not taken steps toward enforcement.

B.

No variance or use shall be granted in a zone restricted against the structure or use.

C.

Any variance granted by the board of adjustment pursuant to the provisions of this section shall be construed to be conforming.

D.

The concurring vote of a majority of the Board of Adjustment is necessary to reverse an order, requirement, decision or determination of any administrative official, to decide in favor of the application of any matter upon which it is required to pass under any ordinance or to effect any variation of any ordinance.

(Ord. No. 9-89(part); Ord. No. 4A-95, 4-18-1995)

Any decision of the board may be reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.

(Ord. No. 4-90; Ord. No. 10D-94, 10-4-1994; Ord. No. 4A-95, 4-18-1995)

Every applicant for a variance shall pay to the City a fee at the time of submission of such application as established by resolution of the City Council as per Title 1 of this code.

(Ord. No. 4A-95, 4-18-1995; Ord. No. 08a-2008, 8-19-2008)