Saratoga City Zoning Code
CHAPTER 18
03 GENERAL PROVISIONS
§ 18.03.010 Intent and purpose.
A.
The ordinance codified in this title is adopted in order to promote the orderly development of the town in accordance with the official land use plan.
B.
The ordinance codified in this title is also adopted for the following purposes:
1.
To promote and protect the public health, safety, comfort and general welfare;
2.
To secure adequate light, pure air, privacy and convenience of access to property;
3.
To regulate and limit the heights and size of buildings, to regulate and limit the intensity of use of lot areas, to regulate and determine the areas of open spaces between buildings, to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses;
4.
To protect against fire, panic, explosion, noxious fumes and other dangers;
5.
To secure clean waterways and other public bodies of water and to protect public land and conservation areas;
6.
To promote a wholesome, serviceable and attractive town, increase the safety and security of home life and preserve and create a more favorable living environment.
C.
This general statement of the goals, intent and purpose of this zoning ordinance includes, among others, the specific purposes set forth in the preamble to the respective districts and groups of districts.
D.
The regulations and requirements set forth in this title have been made in accordance with a comprehensive plan, with reasonable consideration having been given to, among other things, the prevailing land uses, growth characteristics and the character of respective districts and their peculiar suitability for particular uses and the encouragement of the most appropriate use of land throughout the town.
(Ord. 399 § 1(Art. 1 (part)), 1980)
§ 18.03.020 Short title.
The ordinance codified in this title shall be known and may be cited as the "Town of Saratoga Zoning Ordinance," which comprises two parts, the text codified in this title and the zoning map on file in the town clerk's office.
(Ord. 399 § 1(328-01), 1980)
§ 18.03.030 Authority.
The Saratoga zoning ordinance codified in this title is authorized by the provisions of W.S. 1977, Chapter 7, Sections 15.1-70 through 15.1-709.
(Ord. 399 § 1(328-02), 1980)
§ 18.03.040 Use regulation conformity.
Except as provided in this title, no building or structure or part thereof and no lot or part thereof shall hereafter be used, except in conformity with the use regulations prescribed in this title. Any existing lawful use that does not conform to the use regulations of this title shall be deemed a nonconforming use, except that uses granted as the result of approved special use permits or variances pursuant to Chapters 18.69 and 18.72 shall be deemed conforming uses.
(Ord. 399 § 1(328-04), 1980; Ord. 677, 2001)
§ 18.03.050 Design standard conformity.
Except as provided in this title, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard coverage, height and density regulations prescribed in this title. Any building or structure that does not conform to such regulations shall hereafter be deemed a nonconforming structure, irrespective of the use to which it is put. Design variances granted by the town council pursuant to Chapter 18.72 on grounds of practical difficulties or unnecessary hardship, not self-imposed, shall be deemed nonconforming structures.
(Ord. 399 § 1(328-05), 1980; Ord. 677, 2001)
§ 18.03.060 Continuation of existing uses.
Any legally established existing use of a building or structure, lot or land or part thereof, which use constitutes a nonconforming use under the provision of this title, may be continued.
(Ord. 399 § 1(328-06), 1980)
§ 18.03.070 Zoning of annexed territory.
A.
All territory annexed to the town subsequent to the effective date of the ordinance codified in this title shall be zoned according to district classifications of this title. Such classification shall be determined through a recommendation by the planning commission upon referral of the proposed annexation by the town council to the planning commission. The proposed zoning shall be established in accordance with applicable state statutes.
B.
Annexation of territory to the town shall be conducted in accordance with the provisions of W.S. Sections 15-1-401 through 15-1-423. In cases of annexation proceedings initiated by landowners' petition, petitioners requesting annexation of territory shall pay to the town a fee of fifty dollars to cover the costs of advertising, mailing of notices and processing.
(Ord. 399 § 1(328-08), 1980)
§ 18.03.080 Effect of other laws, covenants and agreements.
A.
Nothing contained in this title shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this title imposes a greater restriction upon the use of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulations or by such easements, covenants or agreements, the provisions of this title shall control.
B.
Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this title, the provisions of such other law or ordinance or regulations shall control.
C.
No provisions contained in this title shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down or officially mapped.
(Ord. 399 § 1(328-09), 1980)
§ 18.03.090 Severability.
This title and the various parts, sections, subsections and clauses thereof are declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is provided that the remainder of the title shall not be affected thereby. If any part, sentence paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is provided that the application of such portion of the title to other property, buildings or structures shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing a conditional use permit, variance zoning permit, certificate of occupancy or site plan approval, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this title or the requirement of some provision hereof and to protect the public health, safety and welfare and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.
(Ord. 399 § 1(328-07), 1980)