The regulations set forth in this section qualify or supplement, as the case may be, the regulations appearing elsewhere herein.

1.

Nothing herein shall prevent the strengthening or restoring to a safe condition of any part of a building or structure declared unsafe by the building inspector.

2.

Nothing herein shall require any change in the plans, construction or designated use of any building for which a building permit has been issued before the effective date hereof and the construction of which from such plans shall have been begun within sixty days of the date of such permit, and which such entire building shall be completed according to such plans within one year from the effective date hereof.

3.

Where the boundary line of a district divides a lot in a single or joint ownership of record on the effective date hereof, a use permitted on the less restricted portion of such lot may be extended into the more restricted portion for a distance not more than twenty-five feet beyond the district boundary line.

4.

Subdivision development plan. The owner of any undeveloped land not less than ten acres in area may submit to the planning commission a complete development plan for such area showing proposed streets, parks and other public or private open spaces, together with a proposed building plan indicating the location of various types of dwellings and other buildings serving the local community, the maximum number of families to be housed, the minimum yard requirements and proposed building lines. Such development plan, if approved by the planning commission, after public notice and hearing, shall be construed to modify and supplement the regulations herein as related to the land included in such subdivision. Such plan shall not be approved unless in the judgment of the planning commission the general standard of housing and living conditions will not be inferior to those that would result if the general regulations herein were in full force, and the development plan is consistent with the general welfare.

5.

Restriction of rear dwellings. No building shall be constructed or structurally altered for residential purposes unless the lot upon which it is located has frontage of at least twenty-five feet on a street or unless such lot has an unobstructed private easement or right-of-way of at least twenty-five feet width extending to a street.

6.

Accessory uses in residence districts. A use accessory to a use permitted in a residence district shall be permitted. A store, trade or business shall not be deemed an accessory use, except that the office of a physician, dentist or other professional person may be located in his private residence, and home occupations as defined herein shall be permitted. No accessory building located in the rear of the main building on the same lot shall be used for residence purposes except by a member of the family residing in the main building, or by persons employed on the premises.

In any residence district a detached private garage or other accessory building shall not be erected on the front one-half of the lot and shall not be nearer the main building than five feet. Such garage shall be set back not less than five (5) feet from an alley from which it has a direct entrance. Such garage or other accessory building shall not be nearer than three (3) feet to the side line of a lot, provided that in the case of a corner lot, such building shall not be nearer the side street than the depth of front yard required on the lot adjoining the corner lot and in the rear thereof or separated therefrom by an alley.

7.

On through lots the front yard requirements shall apply to both street frontages except as otherwise provided herein.

8.

In any residence district, or in the case when the primary use of the main building is a residential dwelling, an accessory building shall not exceed twenty (20) feet in height or the height of the main building, whichever is less. Such an accessory building may occupy not more than thirty (30) percent of a required rear yard. In all other districts an accessory building, in which the main building is not a residential dwelling, shall not exceed the maximum allowable building height for such district.

9.

Any lot separately owned and shown of record on the effective date hereof, and having less area than required herein, and where the owner does not own any adjoining land, may be occupied by not more than one family; provided, however, that the yard requirements shall not be reduced except by order of the board of adjustment as hereinafter provided.

10.

In any block in a residence district between two (2) intersecting streets where forty (40) percent or more of the frontage is improved with dwellings on the effective date hereof and the average depth of the existing front yards of such dwellings is less than the minimum front yard prescribed by other provisions of this ordinance, then the front yard required for buildings hereafter erected shall be not less than such average depth of such existing front yards, but shall be at least ten (10) feet in any case.

11.

All building and site lighting shall comply with Sheridan City Code Chapter 23 Article IV, Street and Site Lighting.

12.

An unenclosed one-story porch or terrace may project not more than eight (8) feet into a required front yard, and bay windows and enclosed vestibules may project not more than five (5) feet into a required front yard. An unenclosed one- story porch may extend not more than six (6) feet into a required rear yard.

13.

Cornices, eaves and chimneys may project not more than eighteen (18) inches into a required yard. Steps, open fire escapes, and the ordinary projections of chimneys, belt courses, sills and other ornamental features may project into any yard; provided no fire escape shall be nearer a side lot line than two (2) feet.

14.

The building height limitations shall not apply to church spires, belfries, domes, cupolas, monuments, water towers, stacks, grain elevators, flag poles, radio towers or airway beacons, nor to any elevator bulkhead, water tank or similar structure extending above the roof and not occupying more than twenty-five (25) percent of the roof area.

15.

A multiple-family dwelling in the R-3 Residence District or districts of lower classification may substitute a court in lieu of the rear yard for the district in which dwelling is located, provided that the area of the court be not less than the area of the required rear yard and provided that the court shall be open for the entire height of the building.

16.

Whenever off-street parking facilities are required by the provisions of this ordinance, the number of parking spaces to be provided for each use shall be determined on the basis of the number of parking spaces required for each unit of area or occupancy listed on the following schedule:

17.

Fences, walls, and hedges.

a.

Height. Fence and wall height shall be measured determined by the vertical height of the lowest adjacent grade to the top of the fence material, excluding ornamental projections spaced at least five (5) feet apart. Hedge height shall be determined by the vertical height of the lowest adjacent grade to the top of any plant or foliage making up the hedge. Maximum height shall be as follows:

Rear yard — seventy-two (72) inches.

Side yard — seventy-two (72) inches.

Front yard, including double frontage for corner lots — forty-eight (48) inches.

In the B-2 Business, M-1 Industrial, and M-2 Heavy Industrial districts, a security fence that encloses the side and rear yards of a property may have a height of ninety-six (96) inches as long as the fence is made from open material such as chain link or woven wire, and allows for direct vision through the fencing material over ninety (90) percent of its vertical area.

b.

Placement. No fence, wall, or hedge shall be erected within three (3) feet of a fire hydrant or between a fire hydrant and an adjacent street. No fence, wall, or hedge shall be erected within five (5) feet of a constructed or proposed curb line. No fence, wall, or hedge shall be erected within the visibility triangle as defined in section 2 of these regulations. Fences, walls, bushes, or hedges erected within the public right-of-way are subject to removal at any time if required.

c.

Materials. Fences and walls shall be constructed of wood, metal, masonry, or other materials specifically manufactured and designed for permanent fencing. Fences shall not be constructed of chicken wire, barbed wire, razor wire, corrugated metal, railroad ties, landscaping beams, or utility poles. Fences shall not be electrified. Fences and walls shall not be topped with barbed wire, broken glass, or metal spikes, except in the case of a security fence of at least seventy-two (72) inches in height, in which case a single strand of barbed wire may be used.

d.

Maintenance. All fences and walls shall be maintained in good repair. Hedges shall be trimmed to and maintained as to not exceed the maximum allowed height based on their location.

18.

All child care facilities as defined herein are required to be licensed by the State of Wyoming and located in the City's land use zones as follows:

a.

Family Child Care Home (FCCH), all zoning districts, excluding the M-2 district.

b.

Family Child Care Center (FCCC), all zoning districts, excluding the M-2 district.

c.

Child Care Center (CCC), R-3, B-1, B-2, M-1 districts.

d.

Multiple Location Facility (MLF/FCCC; MLF/CCC), R-3, B-1, B-2, M-1 districts.

e.

Educational facilities, not including kindergartens or other facilities licensed by the State of Wyoming Department of Education, will be zoned according to the above day care designations based upon the number of children attending (i.e., three (3) but no more than fifteen (15) children, all zoning designations; sixteen (16) or more children, zones R-3, B-1, B-2 and M-1).

Advertising signs for child care facilities in residential districts are limited to one identification sign not more than one square foot in area. Signing in all zoning districts must comply with all applicable sections of the City Code.

One paved off-street parking space must be provided for each non-resident employee of the child day care facility.

Applicant/operator of child care facilities must obtain initial and annual inspection of the facility from the office of the City Fire Marshal.

19.

a.

All structures or portions of structures existing at the time of the passage of this ordinance in the airport influence area shall remain exempt from the height restriction requirements.

b.

No structure shall be erected or altered, and no tree shall be allowed to grow in any zone to a height in excess of the applicable height herein established for each zone as defined below:

(1)

Precision Instrument Runway Approach Zone. The Precision Instrument Runway Approach Zone applies to Runway 32 as displayed on the Airport Influence Area Map. This zone slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward for forty (40) feet horizontally for each foot vertically to an additional distance of 40,000 feet along the extended runway centerline. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the centerline of the runway extended.

(2)

Runway Larger Than Utility with a Visibility Minimum Greater than 3/4 Mile Nonprecision Instrument Approach Zone. The Runway Larger Than Utility with a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone applies to Runway 14 as displayed on the Airport Influence Area Map. This zone slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the centerline of the runway extended.

(3)

Runway Larger than Utility Visual Approach Zone. The Runway Larger Than Utility Visual Approach Zone applies to Runway 5 and Runway 23 as displayed on the Airport Influence Area Map. This zone slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone extends outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the centerline of the runway extended.

(4)

Transition Zone. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limitations sloping seven (7) feet outward for each foot upward beginning at the side of and sides of and at the same elevation as the approach surface extending to where they intersect the conical surface. Further, where the precision instrument runway approach zone projects through and beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet from the edge of the instrument approach zone measured to the extended runway centerline.

(5)

Horizontal Zone. Established at 150 feet above the established airport elevation.

(6)

Conical Zone. Slopes twenty feet outward for each foot upward beginning at the periphery of the horizontal and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(7)

Excepted Height Limitation. Nothing in this ordinance shall be construed as prohibiting the construction or maintenance of any structure to the maximum height allowed by the applicable zone as per Appendix A (Zoning) of the Sheridan City Code within the Airport Influence Area, or growth of any tree to a height up to fifty (50)feet above the surface of the land.

20.

Reserved.

21.

Procedures and Requirements for Approval of Adult Oriented Businesses. All proposals for adult oriented businesses shall meet the following criteria:

a.

Location. No adult oriented business shall be located closer than 1,000 feet to any residentially zoned property, church, school, or child caring facility. Measurement of distance shall be from property line to property line along the shortest distance between property lines, without regard to the route of normal travel.

(1)

No adult oriented business shall be located within 1,000 feet of another adult oriented business.

(2)

Subsequent to its establishment in a permitted location under this section, an adult oriented use operating as a conforming use shall not be rendered nonconforming by the location of a church, school or child caring facility within 1,000 feet of the adult oriented business, nor will subsequent rezone of property within 1,000 feet of the adult oriented use cause such use to become nonconforming.

b.

Hours of Operation. No adult oriented business may remain open at any time between the hours of one o'clock a.m. and eight o'clock a.m. on weekdays and Saturdays, and one o'clock a.m. and twelve o'clock p.m. (noon) on Sundays.

c.

Building Design, Layout and Signage. Structures for adult oriented businesses must meet the following criteria:

(1)

Exterior design shall be unobtrusive in shape and color.

(2)

Deleted.

(3)

No sign shall contain any reference to "sex," "xx," "xxx," "nude," "orgasm" or any related words that describe specific anatomical areas or which could cause offense to minors and/or neighboring businesses.

(4)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area on the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video-viewing equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

(5)

No adult media shall be displayed publicly such that it is visible to motorists or pedestrians.

(6)

Any adult cabaret, lingerie modeling studio or adult theater shall have one or more separate areas designated as a stage in the diagram submitted as part of the building permit application. The stage shall be fixed and immovable, and it shall be at least two (2) feet above the floor. No seating for the audience shall be permitted within three (3) feet of the edge of the stage.

(7)

Paved parking and access shall be provided and shall be adequately lighted.

(Ord. No. 1269, § 6, 7-8-74; Ord. No. 1617, § 1, 12-16-85; Ord. No. 1641, §§ 1, 2, 7-20-87; Ord. No. 1658, § 1, 11-7-88; Ord. No. 1676, § 2, 10-15-90; Ord. No. 1726, § 1, 7-5-93; Ord. No. 1843, § 1, 11-1-99; Ord. No. 1871, § 2, 1-2-01; Ord. No. 1875, § 4, 4-16-01; Ord. No. 1890, § 2, 11-5-01; Ord. No. 1916, 5-5-03; Ord. No. 1931, 8-4-03; Ord. No. 1957, § 1, 1-17-05; Ord. No. 1995, § 3, 4-17-06; Ord. No. 2067, § 1, 5-18-09; Ord. No. 2114, § 1, 9-6-11; Ord. No. 2137, § 1, 8-5-13; Ord. No. 2149, § 1, 10-6-14; Ord. No. 2287, 4-7-25)