This Division establishes the review standards common to many of the processes established in this Article. The applicability of these common procedures to specific processes is established in Divisions 8.3—8.9. These common procedures are organized in the same chronological manner in which they occur in the review process.

PRE-SUBMITTAL

Physical development permits provide for the review of proposed construction, land disturbance, and other physical development to ensure it complies with the standards of these LDRs. Physical development permits allow a finite amount of development and are active until that development is complete or the permit has expired. Conditions on physical development permits should not relate to operational characteristics of the physical development. This Division establishes five permit types for the review of physical development.

A.

Sketch Plan (Section 8.3.1). For the largest and most complex projects, a sketch plan is required prior to review of a development plan.

B.

Development Plan (Section 8.3.2). A development plan is required prior to application for a building permit or grading permit for larger projects that require public review.

C.

Building Permit (Section 8.3.3) or Grading Permit (Section 8.3.4). A building permit and grading permit is required before any physical development occurs. For small projects these are the only permits needed.

D.

Sign Permit (Section 8.3.5). A sign permit is required prior to erection of any sign, independent of any other permits or approvals.

A use permit is a review process to ensure that the use of a property complies with these LDRs and that the impacts of the use are mitigated. Use permits run with a property and are valid as long as the use remains in operation. Conditions on use permits are often ongoing and apply throughout the life of the permit. There are three types of use permits in these LDRs.

A.

Basic Use Permit (Section 8.4.1). A basic use permit (BUP) permits uses that are allowed by right, but require administrative review to ensure compliance with the standards of these LDRs.

B.

Conditional Use Permit (Section 8.4.2). A conditional use permit (CUP) permits a use that is generally compatible with the character of a zone, but requires project specific conditions to limit and mitigate potential adverse impacts.

C.

Special Use Permit (Section 8.4.3). A special use permit (SUP) permits a use that is incompatible with the character of all zones, but is an essential service of the community and must be located somewhere under specific conditions to mitigate adverse impacts.

Development option permits provide for the review of an amount or type of development that is not allowed by a zone's base physical development and use standards. Development option permits are intended to permit a specific change to the amount or type of development otherwise allowed under the base requirements of these LDRs, but which requires certain standards to be met. Subdivision permits provide for the review of modifications to property configuration. Subdivision permits are intended to ensure orderly land records and the provision of adequate infrastructure, open space, and other requirements for the health, safety and welfare of the community.

Development option and subdivision permits do not permit actual physical development or change the zoning of a property. Conditions on development option and subdivision permits should relate to achievement of the development option or subdivision; they should not be on-going and create new standards for a property that have the effect of a LDR text amendment or zoning map amendment that should be processed pursuant to Division 8.7.

This Division includes four review processes.

A.

Development Option Plan (Section 8.5.2). Development option plan review is for development options that are allowed by right under specific circumstances. A development option plan does not require review at public hearing, but does require review of compliance with the development option standards before physical development and use permits can be reviewed. For larger developments that would benefit from public review, the development plan and sketch plan processes of Division 8.3 are utilized instead of the development option plan.

B.

Subdivision Plat (Section 8.5.3). Subdivision Plat review is a technical review of all divisions of land or airspace to ensure that property is being properly divided and conveyed. The subdivision plat process relies upon the development plan and sketch plan processes of Division 8.3 to ensure the configuration of the subdivision complies with these LDRs.

C.

Exempt Land Division (Section 8.5.4). The exempt land division procedure is for applicants seeking exemption under Wyo. Stat. § 18-5-303.

D.

Boundary Adjustment (Section 8.5.5). The boundary adjustment procedure ensures that the adjustment of property lines results in property configurations that comply with the standards of these LDRs.

Interpretations of the LDRs are made throughout the review of all permit applications. These interpretations are incorporated and finalized through the processes described in other divisions of this Article and do not require a separate process. However, there are times when a clarification on the meaning of the LDRs is needed independent of an application. This Division outlines the process for two types of independent interpretations:

A.

Formal Interpretations (Section 8.6.1). A formal interpretation provides a written answer to a specific question of how a provision of these LDRs is applied;

B.

Zoning Compliance Verification (Section 8.6.2). A zoning compliance verification is a moment-in-time analysis of the compliance of a specific property with all or certain provisions of these LDRs.

Amending the LDRs is a matter committed to the legislative discretion of the Board of County Commissioners. There are three types of amendments to the LDRs:

A.

LDR Text Amendments that change the language in the LDRs;

B.

Zoning Map Amendments that change the zoning classification of a property and therefore the applicable LDRs; and

C.

Planned Unit Developments that establish a development-specific zoning classification and standards for a site.

At times the strict application of these LDRs to a specific site inadvertently impedes the applicant's ability to realize the community's desired future character. In such instances relief may be sought from the strict application. There are four types of relief processes in this Division:

A.

An Administrative Adjustment allows for minor relief from the LDRs where a public review is not necessary to determine that the protection afforded the community is upheld.

B.

A variance is a larger relief from the LDRs that is a public review of the balance between the protections afforded the community by the LDRs and the hardship they place on the applicant.

C.

An appeal allows for the challenge of an administrative decision.

D.

A Beneficial Use Determination is a non-judicial remedy for a landowner to seek relief when the landowner believes the application of these LDRs constitutes a "takings" under the United States or Wyoming Constitution.

This Division establishes procedures by which the County seeks to ensure compliance with the provisions of these LDRs and obtain corrections for LDR violations. It also sets forth the remedies and penalties that apply to violations of these LDRs. The provisions of this Section are intended to encourage the voluntary correction of violations, where possible.

The following County bodies and staff shall have the following powers and responsibilities in administering and reviewing applications under the LDRs.

The purpose of this Article is to establish uniform procedures for the administration of these LDRs. The general objectives to be achieved through these procedures are to:

A.

Ensure compliance with the purpose and provisions of these LDRs;

B.

Ensure equitable processing of all applications;

C.

Protect the health, safety, and welfare of current and future residents of the community;

D.

Ensure conformance and coordination of physical development, use, development options, and subdivision with the public improvement and other plans of the community;

E.

Ensure well organized and uniform land records to facilitate the physical development, use, development options, and subdivision of land; and

F.

Safeguard the interests of the public, landowners, and developers.

(1/1/15)

The administrative procedures in this article are grouped into three categories.

A.

Common Procedural Standards (Division 8.2).Division 8.2 establishes the generally applicable procedural standards utilized in the application review processes.

B.

Specific Review Processes (Divisions 8.3—8.8).Divisions 8.3—8.8 establish the review processes for applications submitted pursuant to these LDRs. For each application the purpose, applicability, and findings for approval of the application are established. The steps of the review process for each application are also established in a flow chart that identifies the timing and standards that apply. The applications are organized into six groups.

1.

Physical Development Permits (Division 8.3). These applications seek to permit the physical development allowed in Subsection B of each zone (Articles 2—4).

2.

Use Permits (Division 8.4). These applications seek to permit the uses allowed in Subsection C of each zone (Articles 2—4).

3.

Development Option and Subdivision Permits (Division 8.5). These applications seek to permit the development options and subdivision allowed in Subsection D of each zone (Articles 2—4).

4.

Interpretations of the LDRs (Division 8.6). These applications seek to clarify the applicability of a provision of these LDRs or the compliance of a site with these LDRs.

5.

Amendments to the LDRs (Division 8.7). These applications seek to amend the text of the LDRs, the Official Zoning Map, or both.

6.

Relief from the LDRs (Division 8.8). These applications seek to relieve the applicant from a provision or interpretation of these LDRs.

C.

Enforcement Actions (Division 8.9).Division 8.9 establishes the procedures and standards for enforcement of violations of these LDRs.

(1/1/15)

A.

Administrative Manual. The Planning Director is authorized to prepare an administrative manual to assist in the processing and review of applications and the administration of these LDRs. A copy shall be maintained on the County website and in the Planning Department and made available for the public to review during normal business hours. The administrative manual may include:

1.

A fee schedule adopted by resolution of the Board of County Commissioners;

2.

Application submittal requirements;

3.

Additional details on application review procedures; and

4.

Other similar details of LDR administration that implement these LDRs.

B.

Fee Schedule. A fee schedule shall be established and may be revised from time to time by the Board of County Commissioners. The purpose of each fee in the fee schedule is to defray the costs of processing the application.

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Staff is available to answer questions about these LDRs. Discussion by staff is meant to assist in the facilitation of implementation of these LDRs, but is in no way binding on the County.

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The below table summarizes the review process for each application type. The full detail and requirements for each application process can be found in Divisions 8.2—8.7.

Summary of Application Review Processes

X = required;  * = Optional or Sometimes Required;  [ ] = Public Hearing Required;  PAP = Pre-application Conference;
Nmtg = Neighborhood Meeting;  NRA = Natural Resources Assessment;  DP = Development Plan;
PRC = Plan Review Committee;  PC = Planning Commission;  HO = Hearing Officer;  PD = Planning Director;
Eng = County Engineer;  BO = Building Official;  BCC = Board of County Commissioners;  BP = Building Permit;
GP = Grading Permit;  S/D = Subdivision Plat

(5/1/25)

A.

Purpose. The purpose of the pre-application conference is to identify the standards and procedures of these LDRs that would apply to a potential application prior to preparation of the final proposal and to identify the submittal requirements for the application. The intended outcome is that the applicant and the County each understand the anticipated key issues to be evaluated in review of the proposal.

B.

Applicability. See Divisions 8.3—8.8 for the processes that require a pre-application conference. A required pre-application conference shall be held with staff.

C.

Optional Conferences. A pre-application conference may be requested for any application. For applications that require public hearing, an additional pre-application conference may be requested with the Planning Commission, or Board of County Commissioners.

D.

Timing. A pre-application conference shall be held prior to the submittal of an application. A potential applicant shall initiate a request for a pre-application conference pursuant to Section 8.2.4. The pre-application conference shall be scheduled for a date acceptable to the requester that is within 60 days of receipt of the request.

E.

Conference Focus. At the pre-application conference, the applicant and representatives of the County shall discuss the potential proposal to identify the standards and procedures that would apply to the proposal. Applicable LDR provisions not identified at the pre-application conference or amended following the pre-application conference are still applicable to the proposal. The level of detail of the County's review will match the level of detail contained in the materials submitted with the request for the pre-application conference. The pre-application conference is intended as a means of facilitating the application review process; discussions at the meeting and the written summary of the meeting are not binding on the County.

F.

Conference Summary. The pre-application conference requester shall be provided a written summary of the pre-application conference within 14 days of its completion.

G.

Expiration. A pre-application conference only satisfies a pre-application conference requirement if the application for which it is required is submitted within 12 months of the pre-application conference.

(1/1/15)

A.

Purpose. The purpose of the Natural Resources Assessment is to coordinate the application of all natural resource protection standards through identification of the natural resources on the site. The Natural Resources Assessment will accurately determine the resources present on a subject property including but not limited to Waterbody and Wetland Protections, Terrestrial Habitats, Protected Species, Crucial Habitats, wildlife movement corridors and existing and planned wildlife crossings. The Natural Resources Assessment does not result in application approval, it results in recommended natural resources protections associated with an application for use or physical development.

B.

Intent. The intent of this Natural Resources Assessments process is to provide the landowner or applicant with a transparent and predictable process while also preserving and protecting the area's ecosystem as directed by the Jackson/Teton County Comprehensive Plan. The process is intended to provide the greatest level of assessment to properties with the most natural resources present and lesser levels of assessment to properties with fewer natural resources present. Furthermore, the process includes mechanisms whereby the Planning Director may adapt the assessment level based on the natural resources present on the property.

C.

Applicability. Unless exempted below, all physical development, use, development options, and subdivision shall complete a Natural Resources Assessment in accordance with the requirements of this Section.

1.

Exemptions.

a.

Agriculture. Activities conducted for agricultural purposes meeting the standards for exemption in Section 6.1.3(B).

b.

Enhancement and Restoration. An application for habitat enhancement or restoration meeting the standards of Section 5.1.1 and Section 5.2.2 that is a stand alone project and not associated with development impacts.

c.

Conservation Easement Development Area. An application within a development area established by a recorded conservation easement. In such instances where the review and study completed for the conservation easement fulfills the requirements of the Natural Resources Assessments process per the Planning Director's decision, the conservation easement documentation may be substituted for the required Natural Resources Assessment based on tier level. This exemption applies only to land subject to a recorded conservation easement held by a formal land trust that has a mandate to protect conservation values, and for which a rigorous review and study of the conservation values of the land has been performed as a basis for establishing the easement, and for which specific development areas have been established. The applicant shall demonstrate that the review and study satisfy the objectives of the Natural Resources Assessment based on the property's Tiered NRO protections level.

d.

Board of County Commissioner Approved Plats. Regardless of Natural Resource Overlay Tier, a lot within an existing platted subdivision which has been approved by the Board of County Commissioners that either has a Board approved building envelope, or the lot gross site area is equal to or less than two acres shall follow the Base Tier Desktop Checklist process.

e.

Planned Resorts. Development within all Planned Resort Zones as listed in Section 4.3.1 which follow an approved Master Plan. Any amendments to the Master Plans that have the potential to impact protected resources shall be reviewed under the current NRO regulations, and the environmental analysis shall be amended as necessary to reflect project changes.

f.

Emergency Work. Emergency work such as emergency flood control or emergency infrastructure replacement or repair. Prior notification to the Floodplain Administrator is required for flood fight activities including the location of the activities in the floodway and floodplain. After-the-fact natural resource assessment and other applicable permits shall be documented for the work completed, and submitted to the Planning Director for review.

g.

Previous Natural Resource Approval. An application submitted prior to [LDR adoption date], 2025 with a sufficient, not expired Environmental Analysis (EA) or Zoning Compliance Verification (ZCV) for Environmental Standards.

i.

The Planning Director may deny this exemption and require a previously approved EA or ZCV to comply with the standards of this Section if the circumstances analyzed in the EA or ZCV are significantly different than the current circumstances or if current regulations require a higher level of assessment and analysis than previously required.

h.

NC-TC Zoned Lands. All physical development, use, and development options, except new subdivisions, within land zoned NC-TC on March 31, 2016, which fall within the High Tier, shall be treated as if located within the Natural Resources Overlay Mid Tier.

D.

Tiered Natural Resources Overlay. The Countywide Tiered Natural Resources Overlay is established and adopted as part of these LDRs, incorporated into these LDRs by reference, and made a part hereof. The Tiered Natural Resources Overlay is located on the Teton County MapServer. The Tiered Natural Resources Overlay is a landscape-level tool that establishes the initial level of Natural Resources Assessments (i.e., Base-, Mid- or High-Tier) and therefore the applicable section of these regulations to follow for proposed development.

1.

Origin. The methods used to produce the Tiered Natural Resource Overlay map can be found in the "Focal Species Habitat Mapping for Teton County, WY" report (Smith and Remlinger, 2017), the "Focal Species Habitat Mapping for Teton County, WY: Report Addendum" (EcoConnect, 2018) and "Focal Species Habitat Mapping for Teton County, WY: Second Report Addendum" (EcoConnect, 2024).

2.

Update. The Tiered Natural Resources Overlay should be evaluated every 5-10 years or as required per the Jackson/Teton County Comprehensive Plan. An update will be conducted if significant, new information is available.

E.

Level of Natural Resources Assessment. There are three levels of natural resources assessments that correspond to the Base-, Mid- and High-Tier resource protections (Section 5.2.1(D—F)). Each level of assessment builds on and incorporates the requirements of lower levels. For instance, the requirements of a Mid Tier assessment are inclusive of the requirements for a Base Tier checklist.

1.

Desktop Checklist. A Desktop Checklist is required for Base Tier Natural Resource Assessments prior to the submittal of a physical development permit. A Desktop Checklist shall analyze and incorporate all relevant publicly available resources on Teton County's MapServer and as identified by the Natural Resources Checklist. A Desktop Checklist shall be conducted by either the landowner or a qualified environmental professional. A site visit is not always required at this level of assessment but may be deemed necessary by the qualified environmental professional (Section 8.2.2(G)) or as required by the Planning Director.

a.

Documentation. A Desktop Checklist shall detail the natural resources found on the property and those on neighboring properties for which development setbacks and resource protections apply. Documentation submitted shall include:

i.

Natural Resources Checklist inclusive of description of natural resources present, proposed impacts to natural resources, resources consulted and a memo detailing the property as needed; and

ii.

Map showing natural resources, setbacks and proposed development; and

iii.

Photo documentation of the site including any the resources noted within the Natural Resources Checklist on the property and the proposed development site.

2.

Environmental Review. An Environmental Review inclusive of a site visit by a qualified environmental professional (Section 8.2.2(G)) is required for Mid Tier Natural Resource Assessments. An Environmental Review is intended to demonstrate that the proposed development will avoid or minimize impacts to the highest value natural resources and habitat patches on the parcel to the greatest extent possible.

a.

Documentation. An Environmental Review will result in a thorough analysis of the natural resources found on the property inclusive of those listed in Teton County's Natural Resource Checklist. This analysis will be inclusive of a one-quarter mile vicinity analysis around the property and detail the natural resources and those on neighboring properties for which development setbacks and resource protections apply. Documentation submitted shall include:

i.

The Natural Resources Environmental Review shall include a site visit by the qualified environmental professional and result in the documentation detailed in the Environmental Review.

ii.

Environmental Review report detailing the property's natural resources, impacts to the natural resources on the property, and list of sources referenced in the review; and

iii.

Maps showing natural resources, setbacks, and any proposed development and/or site disturbance including utilities and road or access improvements; and

iv.

Photo documentation of the site including the resources noted within the Natural Resources Checklist on the property and within the proposed development site.

3.

Environmental Analysis. An environmental analysis inclusive of a site visit by a qualified environmental professional (Section 8.2.2(G)) is required for High Tier Natural Resource Analysis. An environmental analysis is intended to demonstrate that the proposed development will avoid or minimize impacts to the highest value natural resources on the parcel to the greatest extent practicable. Properties subject to the Tiered NRO's High Tier will inherently have more natural resources on the property and therefore will require more detailed analysis of the natural resources present and the ecological processes at work on the property and in concert with those in the property's vicinity.

a.

Documentation. An environmental analysis will result in a thorough analysis of the natural resources found on the property inclusive of those listed in Teton County's Natural Resource Checklist. This analysis will be inclusive of a one-half mile buffer around the property and shall detail the natural resources and those on neighboring properties for which development setbacks and resource protections apply. Documentation submitted shall include:

i.

Site Visit. The natural resources Environmental Analysis shall include a site visit by the qualified environmental professional and result in the professionally prepared documentation detailed in the Environmental Analysis.

ii.

Environmental Analysis report inclusive of description of natural resources present, proposed impacts to natural resources, resources consulted and relevant information detailing the property's natural resources, condition and ecological processes; and

iii.

Maps showing natural resources, setbacks, and any proposed development and/or site disturbance including utilities and road or access improvements; and

iv.

Photo documentation of major resources on the property and any proposed development and/or site disturbance areas including utilities and road or access improvements; and

v.

Alternatives Analysis. In instances where multiple development scenarios could be considered, an alternatives analysis may be conducted comparing development scenarios based on proposed impacts, fragmentation and natural resources affected. The Planning Director may require an alternatives analysis if there are multiple suitable development areas on the site. If an alternatives analysis is to be conducted, the qualified environmental professional shall first hold an Alternatives Analysis Meeting with staff. The purpose of the Alternatives Analysis Meeting is to identify alternative site designs to be analyzed in the EA with the goal of minimizing impacts to the maximum extent.

F.

Adjustment to Level of Natural Resources Assessments.

1.

The level of natural resources assessment will be confirmed at a pre-application conference. While pre-application conferences are not required for a Base-level assessment, an adjustment to the level of natural resources assessment from a Base Tier checklist to a higher level would require a pre-application conference.

2.

The applicant or agent may request an adjustment to the level of natural resources assessment after a pre-application conference. This adjustment must be based on a rationale related to concern for protecting natural resources on the property. If a natural resource inventory demonstrates that a proposed development location is in the least impactful location, then a request may be made to change the assessment to a lower level of assessment. The Natural Resource Protections standards applicable to original level (Mid or High) will continue to apply. Only the level of Natural Resources Assessment and resulting documentation requirements will change.

3.

The applicant may request to change the assessment to a higher level of assessment under any scenario.

4.

If new, natural resource information or conditions become known the Planning Director may increase the level of Natural Resources Assessment required at any point in the assessment process.

G.

Qualified Environmental Professional.

1.

A Natural Resources Assessment at the Mid Tier and High Tier shall be prepared by a professional with the following qualifications. A Natural Resources Assessment at the Base Tier may be prepared by the applicant or a qualified environmental professional. Preparation by a qualified environmental professional may be required for Base Tier at the Planning Director's discretion when a higher level of information or more detail is needed.

2.

A qualified environmental professional is someone with expertise in the subject of environmental sciences based on, professional certifications, or education and experience in the field and their understanding of these LDRs, the Jackson/Teton County Comprehensive Plan, and the goals and objectives thereof.

a.

Certification. The environmental professional shall be certified as a Professional Wetland Scientist, Professional Ecologist, Wildlife Biologist, or Fisheries Biologist.

b.

Education and Experience. The environmental professional shall have:

i.

A M.S. or M.A., or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, range management or a related field; or

ii.

A B.S., B.A., or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, range management or a related field; and two years of related work experience; or

iii.

Five years of related work experience.

H.

Review. A Natural Resources Environmental Review (Section 8.2.2(E.2)) and Environmental Analysis (Section 8.2.2(E.3)) may be reviewed by appropriate Plan Review Committee members per the request of Teton County Planning Director.

1.

Plan Review Committee (Section 8.10.2) members may be invited to participate in the pre-application conference and/or review proposed development pre-application conference documents to provide input early in the natural resources assessment process.

I.

Expiration. All levels of Natural Resource Assessments (Desktop Checklist, Environmental Review, and Environmental Analysis) shall be valid for three years from the date of documentation review by Planning Staff.

1.

The Planning Director may extend the validity of a Natural Resource Assessment if there have been no significant changes to the site conditions or development proposal.

2.

The Planning Director may require an update to the Natural Resources Assessment if there are updates to the development proposal but site conditions have not substantially changed. This update would verify that site conditions had not changed substantially and would re-assess the proposed development impacts.

3.

The Planning Director may require a new Natural Resources Assessment at any time prior to development due to changes with the natural resources on the property or due to updated Land Development Regulations which would impact the result of the project.

J.

Review Process. All steps and deadlines in one of the following charts, dependent on Natural Protection Resource Level, are required unless noted otherwise. An applicant must complete each step of the required process before moving to the step below.

Desktop Checklist (Base Tier Resource Protection)

Environmental Review (Mid Tier Resource Protection)

Environmental Analysis (High Tier Resource Protection)

(5/1/25)

A.

Purpose. The purpose of the neighborhood meeting is to inform neighbors and other interested parties about the layout and potential impacts of a physical development, use, development option, or subdivision that is to be proposed. It is equally intended to provide the applicant an opportunity to hear comments and concerns about the proposal early enough in the review process to allow for modifications to the proposal to minimize adverse impacts.

B.

Applicability. See Divisions 8.3—8.8 for the processes that require a neighborhood meeting. A neighborhood meeting is encouraged, but not required, before submittal of any other application that is subject to a public hearing, especially where significant impacts to the surrounding neighborhood are likely or where significant controversy is anticipated.

C.

Notice. Notice of the neighborhood meeting shall state the time and place of the meeting and general nature of the development proposal.

1.

Mailed Notice. The applicant shall mail notice of the neighborhood meeting at least ten days in advance of the meeting to the Planning Director and all persons to whom mailed notice of the public hearing on the application is required by Section 8.2.14.

2.

Posted Notice. The applicant shall post and maintain notice of the neighborhood meeting on the land subject to the application. The posted notice shall meet the standards established in Section 8.2.14(C.4).

D.

Conduct of Meeting.

1.

Time and Place. The meeting shall be held at a place that is convenient and accessible to neighbors residing in close proximity to the land subject to the application.

2.

Conduct. At the meeting, the applicant shall explain the proposal in sufficient detail to allow attendees to understand its general density, intensity, location, relationship to surrounding lands, appearance, and any other relevant issues. The applicant shall also listen to questions and concerns neighbors raise about the application.

3.

Staff Attendance. Staff may attend the meeting for the purpose of advising attendees about applicable provisions of the LDRs and the Jackson/Teton County Comprehensive Plan, but shall not facilitate or become involved in discussions concerning the advantages or disadvantages of the development proposal.

(1/1/15)

SUBMITTAL

A.

Authority to Submit. Unless expressly stated otherwise in these LDRs, applications reviewed under these LDRs shall be submitted by the owner, contract purchaser, or any other person having a recognized property interest in the land of the proposal.

1.

The application may be submitted instead by a person authorized by a notarized letter or document signed by the owner, contract purchaser, or other person having a recognized property interest in the land of the proposal.

2.

If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

B.

Application Acceptance. Applications required by these LDRs shall be submitted to the Planning Department in hard copy and electronically, as practicable, in a form provided by the Planning Department and shall be accompanied by:

1.

The applicable fee required by the fee schedule maintained in the Administrative Manual; and

2.

Sufficient information to determine compliance with these LDRs as determined pursuant to Section 8.2.5.

C.

Application Examination. Any person may examine an application and any submitted supporting or opposing materials and reviews at any time during normal business hours at the Planning Department, upon reasonable request. Copies of materials shall be made available upon reasonable notice, at cost.

D.

Application Consolidation. The application review process is intended to encourage efficient processing. Applicants are encouraged to consolidate the review of concurrent applications for a single site to the extent practical. Appropriate application consolidation will be established at the pre-application conference or by the Planning Director and may include the waiver of overlapping application requirements. The Planning Director may require application consolidation where the information from one application is necessary to review the compliance of another application.

E.

Revisions. If an application is modified after it is declared sufficient, updated digital and hard copies that identify the changes shall be submitted to the Planning Department along with a cover memo that explains all changes.

F.

Significant Modifications. If at any point during the review of an application the Planning Director deems that revisions to the application are significant enough to render previous reviews incomplete or obsolete, the Planning Director may declare that the revision is a resubmittal or a new application and declare the original application withdrawn. Such a declaration resets all review deadlines and processes, and the Planning Director may assess a new application fee.

G.

Nonresponsive. If at any point during the review of an application the applicant is nonresponsive to the requirements of the review process for 180 days, the application shall be considered withdrawn.

H.

Withdrawal. An applicant shall have the right to withdraw an application at any time prior to the decision on the application.

(1/23/23)

A.

Sufficiency Review. Within 14 days of the submittal of the hard copy of an application, staff shall determine if it is sufficient. A sufficient application is one that:

1.

Includes the information and materials identified at the pre-application conference or in the application checklist established by the Planning Director in the Administrative Manual; and

2.

Contains such information and materials in sufficient detail to determine compliance with these LDRs.

B.

Determined Insufficient. Upon determining an application is insufficient, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within 60 days, the application shall be considered withdrawn. If staff fails to notify the applicant of any deficiencies within 14 days of submittal of the application, the application shall be considered sufficient.

C.

Determined Sufficient. Upon determining an application is sufficient, staff shall notify the applicant and begin review of the application's compliance with these LDRs. Staff may request additional materials during review as needed to determine compliance with these LDRs.

(1/1/15)

REVIEW

A.

Review. Staff shall review a sufficient application for compliance with these LDRs. Staff shall consider:

1.

The application and relevant support materials;

2.

EA recommendations if applicable;

3.

Any specific analyses or plans (such as a visual resource analysis or housing mitigation plan) required by these LDRs;

4.

Public comment; and

5.

Plan Review Committee comments.

B.

Distribution to Plan Review Committee. An application under review shall be distributed to all appropriate staff and review agencies for review and comment.

1.

Depending on the magnitude and content of the application, it may be reviewed by any or all of the Plan Review Committee (Section 8.10.2) as well as other County staff, and state and federal agencies.

2.

The applicant shall provide digital or hard copies of the application as required for review. If the copies are not provided within seven days of an application being declared sufficient, counting of days against required timelines shall be suspended until the copies are provided.

C.

Response to Technical Review. Staff shall notify the applicant of all issues and technical errors identified in the review. The applicant shall respond to issues raised and correct all technical errors.

D.

Public Comment. Written public comment on the application shall be collected by staff, transmitted to the applicant, and included with the application materials to be available for public inspection.

E.

Staff Report. Staff shall prepare a staff report that describes the conclusions of the review of whether the application complies with these LDRs.

1.

Recommendation. The staff report shall include a recommended decision on the application based on the findings for the specific application being reviewed and the standards of Section 8.2.8. The staff report shall clearly state the factors considered in making the recommendation and the findings for the recommendation.

2.

Distribution. The staff report shall be provided to the applicant as well as the appropriate advisory body, decision-making body, or County official making the decision; and made available for public review.

3.

Timing. The staff report for a public hearing shall be completed and distributed at least four days prior to the public hearing.

(1/1/15)

A.

A public hearing shall be held pursuant to Section 8.2.14 for applications subject to a recommendation by the Planning Commission as established in Divisions 8.3—8.8. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, staff report, and any public comments.

B.

In the case of a physical development, use, or development option permit application, the Planning Commission may confer at the hearing with the applicant on changes deemed advisable to comply with these LDRs.

C.

At the conclusion of the public hearing, the Planning Commission shall provide a recommended decision on the application based on the findings for the specific application being reviewed and the standards of Section 8.2.8.

D.

The Planning Commission's recommendation shall clearly state the factors considered in making the recommendation and the findings for the recommendation.

(1/1/15)

DECISION

A.

Timing. All decisions shall be made within the timelines established in these LDRs but as promptly as possible in consideration of the public interest; however, notwithstanding established timelines, grading permits associated with developments that also require a building or use permit shall be reviewed concurrently with the associated permit application and the decision to approve or deny the grading permit shall be determined concurrently with the decision on the associated permit.

B.

Notification of Decision. Within 14 days of the decision on an application, the applicant shall be notified in writing of the decision, findings for the decision, and expiration of the decision. A copy of the decision shall be made available at the offices of the Planning Department for review during normal business hours.

C.

Conditions of Approval.

1.

Authority. A decision-maker may impose conditions of approval on permits and approvals to ensure compliance with the standards of these LDRs.

2.

Nexus and Proportionality. The conditions of approval shall be related in both content and magnitude to the anticipated impacts of the proposal.

3.

Statement of Conditions. All conditions of approval imposed on any permit or approval shall be expressly set forth in the permit or approval.

D.

Effect of Approval.

1.

General. Approval of an application in accordance with these LDRs authorizes only the proposed physical development, use, development option, subdivision, interpretation, amendment, or relief as set forth in the permit or approval.

2.

Dependent Applications. In the event that one permit or approval is a prerequisite to another permit or approval, that permit shall not be acted upon until all required approvals are obtained, and approval of one application does not necessarily guarantee approval of any subsequent application.

3.

Additional Permits. The applicant shall secure all permits and approvals required by other local, state or federal agencies prior to executing a proposed action approved under these LDRs. Approval under these LDRs shall not guarantee or imply approval of other permits.

E.

Expiration. Upon expiration of an approval, all rights established by the approval shall lapse and the site shall thereafter be subject to the current LDRs. The expiration time period shall not be extended by transfer of ownership.

F.

Limitation on Similar Applications.

1.

Denied Application. If an application requiring a public hearing is denied, no substantially similar application may be submitted within one year after the date of the decision unless the decision-making body waives this time limit pursuant to the following standards.

a.

An authorized person may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director who shall transmit the request to the decision-making body.

b.

The decision-making body may grant a waiver of the time limit only on a finding by two-thirds of its membership that the landowner or agent has demonstrated that the new application to be submitted is materially different from the prior application or that the prior denial was based on a material mistake of fact.

2.

Withdrawn Application. If an application requiring a public hearing is withdrawn after notification of the public hearing is provided, but before a decision on the application, no substantially similar application may be submitted within six months after the date of withdrawal.

(5/1/25)

A.

For applications subject to a decision by the Planning Director or County Engineer as established in Divisions 8.3—8.8, the County official shall consider the application, the relevant support materials, staff report, and any public comments.

B.

Within the timeframe established for the application, the County official shall decide on the application based on the findings for the specific application being reviewed and the standards of Section 8.2.8.

C.

If an application that would generally be subject to a decision by a County official will have significant local and community impacts that warrant public review, the County official may require the application be reviewed by the appropriate advisory bodies and decided upon by the appropriate decision-making body.

D.

The County official may mail notice of any application, utilizing the standards of Section 8.2.14(C), if the County official deems that review of the application would benefit from neighborhood comment or the neighborhood should be alerted to the application.

E.

Grading permit approvals shall be issued concurrently with any associated building and/or use permit to ensure grading and excavation does not commence prior to the approval of associated structural permits or use permits unless the grading permit conforms to an approved phasing plan that allows the building or use permit to be issued later.

(5/1/25)

A.

A public hearing shall be held pursuant to Section 8.2.14, All Public Hearings for applications subject to a decision by the Board of County Commissioners as established in Divisions 8.3—8.8. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, staff report, advisory board recommendations, and any public comments.

B.

In the case of a physical development, use, development option, or subdivision permit application, the Board of County Commissioners may confer at the hearing with the applicant on changes deemed advisable to comply with these LDRs.

C.

At the conclusion of the public hearing, the Board of County Commissioners shall decide on the application based on the findings for the specific application being reviewed and the standards of Section 8.2.8.

D.

The decision shall not be considered final until findings of fact, conclusions of law and an order executing the decision is signed by the decision-making body pursuant to the following standards. No action reliant on the decision shall be authorized until the decision is finalized. Procedural requirements and timelines referencing decisions shall be applicable from the date the decision is finalized.

1.

Decisions on the following applications do not require findings of fact, conclusions of law, and order executing the decision.

a.

Legislative amendments to the text of the LDRs or Official Zoning Map, including PUD applications.

b.

Technical approvals such as subdivision plats.

2.

The findings of fact, conclusions of law, and order executing the decision shall be considered in a public hearing at the next regularly scheduled meeting of decision-making body following the decision.

3.

A draft of the findings of fact, conclusions of law, and order executing the decision shall be provided to the applicant and the decision-making body at least seven days prior to the hearing.

(1/1/15)

POST-DECISION

A.

Purpose. As a condition for issuing a permit or approval an applicant may be required to post a financial assurance that required construction or installation of improvements, performance of duties, or other financial duty is completed following the issuance.

B.

Amount. The financial assurance shall be at least 125% of the cost to complete the improvements, implement the plan, or complete other work approved as part of the permit or approval. The cost shall be identified in the form of an estimate approved by the Planning Director. The Planning Director may require that the estimate be prepared by a professional engineer, landscape architect, or other professional licensed or certified to practice in the State of Wyoming. The amount of the financial assurance required may be reviewed and adjusted from time to time by the Planning Director.

C.

Acceptable Types of Financial Assurance. The applicant shall provide one of the following types of financial assurances in a form that is acceptable to the Planning Director.

1.

Surety Bonds. A deposit with the County Treasurer of a good and sufficient performance bond in a form made available by the Planning Director or otherwise determined acceptable by the County Attorney.

2.

Escrow Deposit of Cash or Certified Funds. A deposit with the County Treasurer of cash or certified funds.

3.

Irrevocable Letter of Credit. A deposit with the County Treasurer of an irrevocable letter of credit in a form made available by the Planning Director or otherwise determined acceptable by the County Attorney.

4.

Other Types of Security. An applicant may provide other financial assurance by other methods or instruments as approved by the County Attorney.

D.

Financial Assurance Agreement. Unless exempted by the Planning Director, whenever financial assurance is required, the applicant shall enter into a Financial Assurance Agreement in a form acceptable to the County Attorney. In the case of subdivision improvements this agreement shall take the form of a Subdivision Improvements Agreement.

E.

Warranty.

1.

The acceptance of a surety may be limited by the Planning Director or County Engineer based on weather conditions or unique circumstances.

2.

Unless exempted by the Planning Director, all public improvements and required mitigation shall be warranted by the applicant for a period of two years following completion and final inspection of all such improvements or work.

F.

Duration. The financial assurance shall remain in effect until the Planning Director has determined the required action has been completed in accordance the financial assurance agreement or other terms of the assurance. If applicable, the financial assurance shall remain in effect through the warranty period.

G.

Release of Financial Assurance. As the required actions are taken, the applicant may apply for a full or partial release of the financial assurance in accordance with this Section and the Financial Assurance Agreement. Upon verification that the required action has been completed in accordance the financial assurance agreement or other terms of the assurance, the Planning Director may authorize the County Treasurer to release a portion or all of the assurance, provided that the amount retained for financial assurance shall not be less than 125% of the remaining cost to complete the action. The Planning Director may require that a professional engineer, landscape architect, or other professional licensed or certified to practice in the State of Wyoming certify completion of the action.

H.

Drawing on Financial Assurance. If the Planning Director determines that the applicant will not complete any or all of the required actions, the Planning Director shall draw and expend from the financial assurance such funds as necessary to complete the required actions. This may include time and expenses incurred by County employees; in which case, each employee shall be billed at an hourly rate commensurate with the employee's skills and experience in the employee's field. In addition to, and not in-lieu of the foregoing, if an applicant defaults on its obligations under any order by or agreement with the County, the County shall be entitled to all remedies available to it by law or in equity, including but not limited to, the remedies described in these LDRs and the Financial Assurance Agreement with the applicant.

(1/23/23)

A.

Permits Issuance. An approved physical development, use, development option, interpretation, or relief shall not commence or be acted upon until the permit is issued.

1.

Within 14 days of fulfillment of all conditions of approval that must be met prior to permit issuance, the Planning Director shall issue the permit to the applicant, and make a copy available at the offices of the Planning Department for review during normal business hours.

2.

The permit shall include any outstanding conditions of approval.

B.

Recordation of an Approval. An approved plat, exempt land division, boundary adjustment or amendment shall not take effect until the proper documents enacting the approval are recorded with the County Clerk.

(1/4/21)

A.

Amendment Not Applicable.

1.

Application Type Cannot Be Amended. The following permits or approvals cannot be amended due to the nature of the findings for approval: Formal Interpretations; Zoning Compliance Verifications; LDR Text Amendments; Zoning Map Amendments; all Relief from the LDRs; exempt land divisions; and Boundary Adjustments. A change to one of these approvals shall be achieved through application for a new approval.

2.

Completed Permit. A physical development permit or development option plan for which all approved development has been completed shall not be amended. Redevelopment of such a development shall be achieved through application for a new approval.

B.

Physical Development Permit, Use Permit, and Development Option Plan Amendment.

1.

General. All changes to an approved physical development permit, use permit, or development option plan not qualifying as minor deviations shall be considered amendments and shall be reviewed subject to the current procedures and standards of these LDRs.

a.

The threshold for review of the amendment shall be based on the net change of density or intensity, not the gross intensity of the initial approval, with the following exceptions.

i.

The Planning Director may elevate the threshold for review in the case of incremental amendments that total a larger change.

ii.

The Planning Director may waive the requirement for a Sketch Plan where the proposed amendment remains consistent with the original Sketch Plan approval.

b.

A condition of approval placed on a permit or approval by a decision-making body shall only be amended by that body at a public hearing held pursuant to Section 8.2.14.

c.

Review of an amendment shall be limited to the proposed change. Nonchanging portions of the approval shall only be affected as explicitly required by Division 1.9 or another portion of these LDRs.

2.

Minor Deviations. Authorized minor deviations from an approved physical development permit, use permit, or development option plan are changes that appear necessary in light of technical or engineering considerations first discovered during development or use that were not reasonably anticipated during the initial approval process. A minor deviation may be approved by the Planning Director pursuant to the process for a Zoning Compliance Verification (Section 8.6.2) upon finding that it:

a.

Complies with the standards of the current LDRs;

b.

Does not include reductions in the amount of conservation area set aside or required resource protection; and

c.

Does not include increases in the amount of building floor area.

C.

Subdivision Plat Amendment.

1.

Applicability. A recorded plat may be amended through the vacation process as authorized by state statute. Any vacation or amendment to a recorded plat shall be subject to the standards of this Subsection. This includes the following corrections.

a.

Incorrect or Erroneous Survey. Where the exterior boundaries of the subdivision must be changed due to an incorrect or erroneous survey, or an omission of a strip of land between the subdivision boundary and an aliquot part or right-of-way line, an amended plat is required.

b.

Omission of Easements. Where the approved plat omits easements for sewer, water, or utility lines, or access easements to the subdivision or to lots of the subdivision, or through the subdivision to adjoining lands, an amended plat is required.

2.

Exemptions. The following plat amendments shall be exempt from the standards of this Section.

a.

Boundary Adjustment. A partial vacation of a plat to achieve a boundary adjustment as defined in Section 8.5.5 shall be subject to the standards of Section 8.5.5.

b.

Minor Typographical Errors or Omissions. In cases of minor typographical errors or omissions on a plat such as a distance or bearing or a necessary signature, the professional land surveyor shall file an affidavit stating the corrections to be made, or reference an additional affidavit to be filed by the person where a signature was omitted. The County Clerk shall mark the changes or corrections, or reference the filed affidavit(s) on the original plat in reproducible pencil. If the corrections or changes required are greater than five in number, an amended plat shall be recorded and approved in accordance with this Section.

3.

Complete Vacation. Pursuant to Wyo. Stat. § 34-12-108, complete vacation of a recorded plat shall be accomplished by the recordation of an affidavit with the County Clerk signed by all of the owners of land to be vacated from the plat. The effect of recording such an affidavit shall be to rescind the original plat and merge the lots, thereby reverting the land to its configuration as it existed prior to the subdivision.

4.

Plat Amendment. A plat amendment is authorized by state statute as a vacation for the purpose of resubdivision and shall meet the following standards:

a.

An application for a new plat shall be submitted and reviewed pursuant to the standards of Section 8.5.3;

b.

The Planning Director may require a new or amended development plan be approved prior to further processing of the application for a new plat if the Planning Director determines that the new plat does not conform to an approved development plan;

c.

The new plat shall carry the name of the original subdivision, followed by "Amended" or "Second Amended," etc.;

d.

The certificate of owners on the new plat shall have a clause vacating the original plat, signed by all owners of land contained within the plat; and

e.

If there is more than one owner of the vacated plat, instruments shall be recorded conveying ownership of the newly created individual lots of record resulting from the replat.

5.

Partial Vacation Without Replat. Vacation of one or more building envelopes, notes, a lot line for the purpose of combining one or more lots, or a private road or utility easement does not require a new plat provided the following additional standards are met.

a.

Instrument Required. Pursuant to Wyo. Stat. § 34-12-108, an instrument shall be recorded with the County Clerk stating that the partial vacation does not abridge or destroy any rights and privileges of other proprietors in the plat. The instrument shall include:

i.

Acknowledgment by all parties affected by the vacation; and

ii.

Acknowledgment by the Board of County Commissioners.

b.

Annotation. Pursuant to Wyo. Stat. § 34-12-110, the County Clerk shall make appropriate annotation on the plat referencing the vacated envelopes, notes, easements or lot lines for the purpose of lot combinations. The County Clerk shall also make a reference on said plat to the volume and page in which the required instrument of partial vacation is recorded.

c.

Building Envelope Vacation. The Board of County Commissioners may require that a map, prepared by a land surveyor registered in the State of Wyoming, of the vacated building envelopes be recorded with the County Clerk concurrently with the required partial vacation instrument. In this event, the partial vacation instrument shall include a reference to said building envelope map.

i.

Future Revisions. Proposed changes to the building envelopes shown on any required building envelope map shall be approved by the Planning Director, provided that any such proposed change does not abridge or destroy any of the rights and privileges of other proprietors in the plat. The proposed change shall be reviewed pursuant to the standards of Subsection B.2.

d.

Lot Combination. If a lot line is to be vacated for the purpose of combining one or more lots, the required partial vacation instrument shall include language stating that the combined lots shall be treated as one for all purposes under these LDRs and cannot be resubdivided without receiving subdivision approval under the LDRs in effect at that time.

D.

PUD Amendment. An amendment to an existing PUD or other special project listed in Section 1.8.2(C) shall be reviewed and approved pursuant to Section 8.7.3.

1.

PUD Option Available. An amendment to an existing PUD shall, to the maximum extent practicable, meet the standards for the PUD option found in Article 4.

2.

PUD Option No Longer Available. An amendment to an existing PUD or other special project identified in Section 1.8.2(C) for which the original PUD option is no longer available shall:

a.

Improve the implementation of the desired future character of the area identified in the Jackson/Teton County Comprehensive Plan;

b.

Comply with the requirements of the underlying base zoning to the maximum extent practicable;

c.

Complies with the standards of the Natural Resources Overlay (NRO), Tiered Habitat Protection Standards and Scenic Resources Overlay (SRO), if applicable; and

d.

Not adversely impact public facilities and services, including transportation, potable water and wastewater facilities, parks, schools, police, fire and EMS facilities.

3.

Abandonment. An existing PUD or other special project identified in Section 1.8.2(C) may be abandoned by:

a.

An amendment of the zoning on the site to a zone in these LDRs pursuant to Section 8.7.2; or

b.

Approval of a PUD option found in Article 4.

(5/1/25)

GENERAL

A.

Applicability. The following standards apply to all required public hearings. See Divisions 8.3—8.9 for the steps in the review processes that require a public hearing.

B.

Scheduling. A required public hearing to review an application shall be scheduled for a regularly scheduled meeting or a meeting specially called for the review.

1.

The initial public hearing on an application, whether it is advisory or for the purposes of making a decision, shall be held within 90 days of the date that the application is determined sufficient.

2.

Each additional required public hearings, whether it is advisory or for the purposes of making a decision, shall be held within 60 days of the conclusion of the previous public hearing.

3.

The applicant may waive these limits upon written notice to the Planning Director, as long as the public hearing complies with all other requirements of this Section.

C.

Notice. The Planning Director shall be responsible for providing the following public notification.

1.

Notice Content. All required public notice shall contain the following information:

a.

The type of application;

b.

A short description of the proposal;

c.

The address, legal description, and a general description of the location of the land subject to the application;

d.

The location, address, date, and time of the public hearing;

e.

Where and when the application may be examined; and

f.

Contact information for reviewing staff.

2.

Mailed Notice. Notice of a public hearing on an application shall be mailed at least 30 days prior to the public hearing.

a.

The notice shall be mailed to:

i.

The owner(s) of the land subject to the application and designated agent(s); and

ii.

Landowners within 800 feet of the land subject to the application, or if the land subject to the application is zoned R-TC, landowners 1,300 feet of the land subject to the application.

b.

The applicant shall pay a fee to the Planning Department for any mailing in excess of 25 notices.

c.

Mailed notice is not required for the LDR text amendment when their applicability is County-wide.

3.

Notice in Newspaper. Each public hearing on an application shall be advertised in a newspaper of general circulation in the County no less than 15 days prior to the date of the public hearing. Except that, a public hearing on a decision to amend the LDRs shall be advertised no less than 30 days prior to the Planning Commission public hearing date and 45 days prior to Board of County Commissioners public hearing date, pursuant to Wyo. Stat. § 16-3-103.

4.

Posted Notice. The applicant shall post and maintain notice of the public hearing on the land subject to the application. The posted notice shall meet the following standards.

a.

Content. The posted notice shall contain the notice content required by Subsection 1 above, except the description of the location of the land subject to the application. A template is available in the Administrative Manual.

b.

Timing. The notice shall be posted for at least ten days prior to the hearing, and shall be removed within five days following the hearing. The applicant shall notify staff of the date posted and date removed.

c.

Size. The notice shall be three feet by four feet.

d.

Location and Legibility. A notice shall be placed along each front lot line so as to be legible from each access point to the site. The notice may be mounted to a building. If the notice is freestanding, it should be set back two feet from any lot line or access easement.

e.

Sign Permit Exempt. The notice shall be exempt from the standards of Division 5.6 and shall not be lighted.

5.

Requested Notice. Any person who makes a written request shall be provided notification of all public hearings upon payment of the costs of the processing and mailing of the notification.

6.

Postponed or Continued Hearing. Additional notice is not required when a hearing is postponed or continued to a date certain.

D.

Conduct. Required public hearings shall be conducted in accordance with the rules of procedure adopted by the body holding the hearing and the following standards.

1.

Rights of All Persons. Any interested person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Upon request of the Chairperson, anyone representing an organization shall present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified, state his/her physical address, and if appearing on behalf of an organization, state the name of the organization.

2.

Order of Proceedings. The order of the proceedings shall be established by the body conducting the hearing.

3.

Exclusion of Information. The chairperson conducting the public hearing may exclude information that the chairperson finds to be irrelevant, immaterial or unduly repetitious. In the event any statements or information are excluded, the person offering such statements or information shall have an opportunity to make an offer of proof in regard to such statements or information for the record. Such offer shall be made at the public hearing.

4.

Continuance of Public Hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place.

a.

An applicant shall have the right to request and be granted one continuance. All subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown.

b.

The running of all established time periods between steps of the review process shall be suspended during any continuance.

c.

If the body conducting the public hearing continues the hearing on the application so that the applicant can provide additional information, and the applicant fails to respond to the request within 60 days, the application shall be considered withdrawn.

d.

In the event the applicant demands in writing that action be taken on a continued application, the body that continued the matter shall complete the public hearing and take action at the next regular meeting, for which the noticing requirements of this Section can be met, following receipt of the written demand.

5.

Remand of Application. The body conducting the public hearing may remand the application to staff or an advisory body for further review of new information or specified issues or concerns first identified during the public hearing on the application.

a.

The running of all established time periods between steps of the review process shall be reset to the step in the process to which the application is remanded.

b.

In the event the applicant demands in writing that action be taken on a remanded application, the body that remanded the matter shall complete the public hearing and take action at the next regular meeting for which the noticing requirements of this Section can be met following receipt of the written demand.

6.

Record.

a.

The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription or audio-recording.

b.

The written or taped record of oral proceedings, including testimony and statements of personal opinions, the minutes of the Secretary, the application, exhibits and papers submitted in any proceeding before the decision-making body, the staff report, the recommendation of any advisory body, the Jackson/Teton County Comprehensive Plan, these LDRs, and the decision of the decision-making body shall constitute the record.

c.

A copy of the public hearing record may be acquired by any person upon request and payment of a fee to cover the cost of duplication of the record.

(1/23/23)

A.

Purpose. The purpose of a miscellaneous planning request is to make a formal request to the Planning Department for research, review, exemption or other information that is not included in other formal review processes detailed in Article 8.

B.

Applicability. Specifically, but not exclusively, a miscellaneous planning request shall be applicable for the following situations.

1.

A planner of the day research request.

2.

A fee waiver request.

3.

A special purpose fencing exemption.

4.

A review of a required annual monitoring report.

5.

An environmental analysis exemption request.

C.

Findings. In order to issue a waiver or exemption resulting from a miscellaneous planning request, the Planning Director shall find that the circumstance in question:

1.

Is in substantial conformance with all relevant standards of these LDRs and other County Resolutions; and

2.

Complies with all standards or conditions of any prior applicable permits or approvals.

Miscellaneous Planning Request (Staff Review)

Miscellaneous Planning Request (Public Hearings)

D.

Effect. A miscellaneous planning request shall only apply to the circumstances reviewed and will only be as detailed as the information provided in the request. A miscellaneous planning request only reviews or exempts the standards specified in the request and does not guarantee approval of any application.

E.

Review Process. All steps and deadlines in one of the following charts are required, depending on the type of request, unless noted otherwise. An applicant must complete each step before moving to the step below.

(1/4/21)

A.

Purpose. The purpose of a sketch plan is to publicly review a large physical development or development option for general consistency with these LDRs at a preliminary, conceptual level of detail before the development is fully designed. Plans must include a conceptual plan related to infrastructure including: road layout, location of development, utilities, water, sewer, power, and gas. The objectives of the sketch plan review are:

1.

Identification of the opportunities to achieve the desired future character for the site;

2.

Identification of development related issues to be addressed through the development plan;

3.

Discussion of alternative site designs that may better implement these LDRs; and

4.

Identification of natural and scenic resource protected by these LDRs.

B.

Applicability.

1.

Physical development that requires a sketch plan is identified in the standards for each zone. See Articles 2—4 for zone standards.

2.

A sketch plan application within a Planned Unit Development (PUD) must include all land in the PUD.

C.

Findings for Approval. A sketch plan shall be approved upon finding the application:

1.

Is consistent with the desired future character described for the site in the Jackson/Teton County Comprehensive Plan;

2.

Achieves the standards and objective of the Natural Resources Overlay (NRO), Tiered Habitat Protection Standards and Scenic Resources Overlay (SRO), if applicable;

3.

Does not have significant impact on public facilities and services, including transportation, potable water and wastewater facilities, parks, schools, police, fire, and EMS facilities;

4.

Complies with all relevant standards of these LDRs and other County Resolutions as can be determined by the level of detail of a sketch plan; and

5.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Effect of Approval. Sketch plan approval permits the submittal of a development plan; it does not permit actual physical development or subdivision of land.

E.

Expiration. A sketch plan shall expire two years after the date of approval except under one of the following circumstances:

1.

A sufficient development plan application to implement the sketch plan is submitted and approval of the development plan is being pursued in good faith;

2.

An approved development plan is being implemented;

3.

In the case of a phased development, not more than two years have passed since the issuance of a certificate of occupancy for physical development approved by the sketch plan; or

4.

An alternate expiration is set through the approval of the sketch plan.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Sketch Plan

(5/1/25)

A.

Purpose. The purpose of a development plan is to review a physical development or development option that is large and complex enough to benefit from a public review at a sufficient level of detail to determine compliance with these LDRs prior to preparation of final construction or plat documents.

B.

Applicability. Physical development and development options that require a development plan are identified in the standards for each zone. See Articles 2—4 for zone standards.

C.

Findings for Approval. A development plan shall be approved upon finding the application:

1.

Is consistent with the desired future character described for the site in the Jackson/Teton County Comprehensive Plan;

2.

Achieves the standards and objective of the Natural Resources Overlay (NRO), Tiered Habitat Protection Standards and Scenic Resources Overlay (SRO), if applicable;

3.

Does not have significant impact on public facilities and services, including transportation, potable water and wastewater facilities, parks, schools, police, fire, and EMS facilities;

4.

Complies with all relevant standards of these LDRs and other County Resolutions; and

5.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Effect of Approval. Approval of a development plan permits submittal of a building permit, subdivision plat, or other application to complete the proposed development; it does not permit actual physical development or constitute subdivision of land.

E.

Expiration. A development plan shall expire 18 months after the date of approval except under one of the following circumstances. The applicable circumstances shall be established in the notice of decision on the application.

1.

In the case of physical development, a building permit for the entire development is issued and the certificate of occupancy for the building permit is issued within three years of issuance of the building permit;

2.

In the case of a subdivision, a subdivision plat has been recorded with the County Clerk;

3.

In the case of a development option, the action required to entitle the development option, such as the recording of a conservation easement for a development option requiring conservation area, has been taken;

4.

In the case of a phased development, all phases are in compliance with the approved phasing plan, or not more than 18 months has passed since completion of the previous phase and the current phase is in compliance with an applicable above criteria; or

5.

An alternate expiration is set through the approval of the development plan.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Development Plan

(5/1/25)

A.

Purpose. The purpose of a building permit review is to ensure that proposed physical development of a structure complies with these LDRs and adopted building codes.

B.

Applicability. Physical development that requires a building permit is identified in the standards for each zone, unless exempted by the County Building Code Resolution. See Articles 2—4 for zone standards.

C.

Findings for Approval. A building permit shall be approved upon finding the application:

1.

Complies with all relevant standards of these LDRs and all other County Resolutions;

2.

Complies with the County Building Code Resolution; and

3.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Effect. Approval of a building permit allows for the construction of a structure.

E.

Expiration. The expiration of a building permit is established in the County Building Code Resolution.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Building Permit

(5/1/25)

A.

Purpose. The purpose of a grading permit is to ensure that proposed land disturbance includes required erosion control and stormwater management and complies with all other standards of these LDRs.

B.

Applicability. Physical development that requires a grading permit is identified in Division 5.7.

C.

Findings for Approval. A grading permit shall be approved upon finding the application:

1.

Complies with the standards of Division 5.7;

2.

Complies with all other relevant standards of these LDRs and all other County Resolutions; and

3.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Permit Conditions. All grading permits shall require the permittee to:

1.

Notify the County Engineer 48 hours prior to commencing any land disturbing activity;

2.

Notify the County Engineer of completion of erosion control measures within two calendar days after their installation;

3.

Obtain permission in writing from the County Engineer prior to modifying the grading and erosion control plan;

4.

Install all control measures as identified in the approved grading and erosion control plan;

5.

Maintain all road drainage systems, stormwater drainage systems, erosion control measures, and other facilities identified in the grading and erosion control plan;

6.

Repair the erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities;

7.

Inspect the erosion control measures after each rain and at least once each week and make needed repairs;

8.

Allow the County Engineer to enter the site for the purpose of inspecting compliance with the erosion control plan or for performing any work necessary to bring the site into compliance with the erosion control plan; and

9.

Keep a copy of the erosion control plan on the site.

E.

Expiration. A grading permit shall expire one year after the date of approval except under one of the following circumstances:

1.

The grading permit is associated with a building permit or other construction authorization, in which case, it shall be valid as long as the building permit or other construction authorization is valid; or

2.

An alternate expiration is set through the approval of the grading permit.

F.

Inspection. Grading plans required to be prepared by a professional engineer or landscape architect shall also require inspection and certification of compliance by the same design professional.

G.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Grading Permit

(5/1/25)

A.

Purpose. The purpose of a sign permit is to ensure that all signs are in compliance with Division 5.6.

B.

Applicability. All signs require a sign permit unless exempted in Division 5.6.

C.

Findings for Approval. A sign permit shall be approved upon finding the application:

1.

Complies with the standards of Division 5.6;

2.

Complies with all other relevant standards of these LDRs and all other County Resolutions; and

3.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Permit Expiration. A sign permit shall expire one year after the date of approval unless the sign has been erected or altered pursuant to the permit.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Sign Permit

(1/4/21)

A.

Purpose. The purpose of the bridge permit review is to ensure that the proposed bridge complies with these LDRs and engineering standards.

B.

Applicability. Physical development that requires a bridge permit is identified in Division 7.6. Pedestrian bridges do not require bridge permits unless they are located in or over a floodplain.

C.

Findings for Approval. A bridge permit shall be approved upon finding the application:

1.

Complies with the standards of Division 7.6;

2.

Complies with all other relevant standards of these LDRs and all other County Resolutions; and

3.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Permit Conditions. All bridge permits shall require the permittee to:

1.

Notify the County Engineer 48 hours prior to commencing construction of any part of the bridge;

2.

Notify the County Engineer a minimum of 48 hours in advance of completion, to schedule the required final inspection;

3.

Obtain permission in writing from the County Engineer prior to modifying the bridge plan;

4.

All bridges shall have a sign/plaque installed at the bridge entrance(s) displaying the vehicle weight limit. The sign must be legible and clearly visible to drivers/vehicles as they access the bridge;

5.

Allow the County Engineer to enter the site for the purpose of inspecting compliance with the bridge permit or for performing any work necessary to bring the site into compliance with the bridge permit; and

6.

Keep a copy of the approved bridge plans on the site.

E.

Expiration. A bridge permit shall expire one year after the date of approval except under one of the following circumstances:

1.

The bridge permit is associated with a building permit or other construction authorization, in which case it shall be valid as long as the building permit or other construction authorization is valid; or

2.

An alternate expiration is set through the approval of the bridge permit.

F.

Inspection. The professional engineer responsible for the approved bridge design, or their representative, shall inspect the bridge at key points of construction and certify compliance with the design prior to the Teton County Engineering Department final inspection and/or release of financial surety or performance bond.

G.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Bridge Permit

(8/1/25)

A.

Purpose. The purpose of a basic use permit is to ensure compliance with the standards of these LDRs for uses that are compatible with the character of the zone in which they are proposed.

B.

Applicability. Uses that require a basic use permit are identified in the standards for each zone. See Articles 2—4 for zone standards.

C.

Findings for Approval. A basic use permit shall be approved upon finding the application:

1.

Complies with the use specific standards of Division 6.1 and the zone;

2.

Complies with all other relevant standards of these LDRs and all other County Resolutions; and

3.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Permit Expiration. A basic use permit shall expire one year after the date of approval except under one of the following circumstances:

1.

The use is commenced and has not been operationally discontinued or abandoned for a period of one year or more;

2.

A physical development permit has been issued and is active for physical development needed to commence the use; or

3.

An alternate expiration is set through the approval of the basic use permit.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. For timelines related to Wireless Communications Facilities, see Section 6.1.10(D). An applicant must complete each step before moving to the step below.

Basic Use Permit (BUP)

(5/1/25)

A.

Purpose. The purpose of a conditional use permit is to individually and publicly review the configuration, density, and intensity of a use that is generally compatible with the character of a zone, but requires additional, site-specific conditions to limit and mitigate effects that may be adverse to the desired character of the zone.

B.

Applicability. Uses that require a conditional use permit are identified in the standards for each zone. See Articles 2—4 for zone standards.

C.

Findings for Approval. A conditional use permit shall be approved upon finding the application:

1.

Is compatible with the desired future character of the area;

2.

Complies with the use specific standards of Division 6.1 and the zone;

3.

Minimizes adverse visual impacts;

4.

Minimizes adverse environmental impacts;

5.

Minimizes adverse impacts from nuisances;

6.

Minimizes adverse impacts on public facilities;

7.

Complies with all other relevant standards of these LDRs and all other County Resolutions; and

8.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Expiration. A conditional use permit shall expire one year after the date of approval except under one of the following circumstances:

1.

The use is commenced and has not been operationally discontinued or abandoned for a period of one year or more;

2.

A physical development permit has been issued and is active for physical development needed to commence the use; or

3.

An alternate expiration is set through the approval of the CUP.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. For timelines related to Wireless Communications Facilities, see Section 6.1.10(D). An applicant must complete each step before moving to the step below.

Conditional Use Permit (CUP)

(5/1/25)

A.

Purpose. The purpose of a special use permit is to individually and publicly review the configuration, density, and intensity of a use that is inherently incompatible with the character of all zones, but essential to the community and therefore some provision must be made for its existence and operation. Special uses require additional, site-specific conditions to limit and mitigate effects that may be adverse to the desired character of the zone.

B.

Applicability. Uses that require a special use permit are identified in the standards for each zone. See Articles 2—4 for zone standards.

C.

Findings for Approval. A special use permit shall be approved upon finding the application:

1.

Is an appropriate site for the use in consideration of a comprehensive community-wide location study for the use;

2.

Will not constitute a substantial physical hazard to a neighboring property;

3.

Will not have a significant adverse effect on publicly-owned land;

4.

Minimizes adverse environmental and visual impacts to the extent possible, considering the nature and essential existence of the use;

5.

Will not damage or contaminate a public, private, residential, or agricultural water supply source;

6.

Complies with all standards imposed on it by all other applicable regulatory agencies;

7.

Complies with all relevant standards of these LDRs and other County Resolutions; and

8.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Expiration. A special use permit shall expire one year after the date of approval except under one of the following circumstances:

1.

The use is commenced and has not been operationally discontinued or abandoned for a period of one year or more;

2.

A physical development permit has been issued and is active for physical development needed to commence the use; or

3.

An alternate expiration is set through the approval of the SUP.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Special Use Permit (SUP)

(5/1/25)

No owner or agent of an owner of any land shall transfer, sell, agree to sell, or negotiate a binding agreement to sell any land by reference to, exhibition of, or by the use of a plat or map of subdivision or boundary adjustment before such plat or map has been approved and recorded in the applicable manner prescribed in this Division. The description of such lot or parcel by metes and bounds in the instrument of transfer or the documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this Division. Notwithstanding the foregoing, in the case of condominium or townhouse type developments, an owner may enter into binding agreements to sell lots or units subsequent to approval of a development plan. Conveyance of individual lots or units, however, shall not occur until approval and recordation of the plat.

(1/1/15)

A.

Purpose. The purpose of a development option plan is to review a development option that requires a determination of compliance with these LDRs prior to preparation of physical development, use, or subdivision permit applications, but does not require public review.

B.

Applicability. Development options that require a development option plan are identified in the standards for each zone. See Articles 2—4 for zone standards.

C.

Findings for Approval. A development option plan shall be approved upon finding the application:

1.

Is consistent with the desired future character described for the site in the Jackson/Teton County Comprehensive Plan;

2.

Achieves the standards and objectives of the Natural Resources Overlay (NRO), Tiered Habitat Protection Standards and Scenic Resources Overlay (SRO), if applicable;

3.

Complies with all relevant standards of these LDRs and other County Resolutions; and

4.

Is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

D.

Effect of Approval. Approval of a development option plan permits submittal of a building permit, use permit, subdivision plat, or other application to complete the proposed development; it does not permit actual physical development or constitute subdivision of land.

E.

Expiration. A development plan shall expire 18 months after the date of approval except under one of the following circumstances. The applicable circumstances shall be established in the notice of decision on the application.

1.

In the case of a subdivision, a subdivision plat has been recorded with the County Clerk;

2.

In the case of a development option, the action required to entitle the development option, such as the recording of a conservation easement for a development option requiring conservation area, has been taken; or

3.

An alternate expiration is set through the approval of the development plan.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Development Option Plan

(5/1/25)

A.

Purpose. The purpose of the subdivision plat procedure is to ensure that the subdivision of land and airspace complies with the standards of these LDRs and state statute, and to ensure:

1.

Orderly land records;

2.

Proper recordation of land ownership and property owner association records; and

3.

Provision of rights-of-way for streets and utility easements.

B.

Applicability. Any division of land or airspace, including condominium and townhouse subdivisions, shall comply with this Section, unless it:

1.

Meets of definition of an exempt land division pursuant to Section 8.5.4;

2.

Constitutes a Boundary Adjustment pursuant to Section 8.5.5; or

3.

Is one of the following divisions of property, which are not considered division of land or airspace.

a.

A division in interest which is created by a lien, mortgage, deed of trust, or any other security instrument, easements and rights-of-way;

b.

A division in interest which is created by the acquisition of an interest in land in the name of the husband and wife or other persons in joint tenancy or as tenants in common, and the interest shall be deemed for purposes of this Subsection as only one interest; and

c.

The sale or disposition of separate parcels of land that were separate when lawfully created or conveyed and which have not been combined by a recorded instrument of conveyance signed by all of the owners.

C.

Findings. A plat shall be approved upon finding the proposed plat:

1.

Is in substantial conformance with an approved development plan or development option plan or is a condominium or townhouse subdivision of existing physical development;

2.

Complies with the standards of this Section;

3.

Complies with the subdivision standards of Division 7.2; and

4.

Complies with all other relevant standards of these LDRs and other County Resolutions.

D.

Plat Content.

1.

A plat shall contain all requirements of Wyo. Stat. §§ 18-5-306 and 34-12-103.

2.

A plat shall contain notice of a mapped fault line pursuant to Section 5.4.3(B).

3.

A plat may contain notes that effect transfer of rights and property or provide warning of nuisance.

4.

A plat shall not include:

a.

Depiction of improvements;

b.

Notes designating zoning district, setbacks, right to subdivision, or any other standard under these LDRs that is subject to change at the legislative discretion of the Board of County Commissioners.

E.

Subdivision Improvements Agreement. Where financial assurance is required for the installation of required subdivision improvements, the standards of Section 8.2.11 shall apply with the following modifications:

1.

Contract. The Financial Assurances Agreement required shall be a Subdivision Improvements Agreement contract executed on a form provided by the Planning Director. The standard contract shall, among other things, specify that the required improvements be installed within the time stated, in accordance with the approved plans and the requirements of the County Engineer, and, where applicable, the requirements of the Wyoming Department of Environmental Quality. The contract shall be reviewed and approved by the County Attorney; and shall be recorded against the property by the subdivider. The County shall record a release of the contract upon installation of the required subdivision improvements.

2.

Tap and Capacity Fees. The amount of the financial assurance shall include any tap, capacity, or other fees that would be required to be paid as part of the installation of the improvement.

3.

Release of Financial Assurance. A full or partial release of the financial assurance does not constitute certification of compliance with the standards of these LDRs or any applicable code or other requirement, or release the responsibility of the subdivider.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Subdivision Plat

(1/4/21)

A.

Purpose. The purpose of the exempt land division procedure is for the Planning Director to verify that a claimed exempt land division is compliant with the standards of Wyo. Stat. § 18-5-303 and not intended to evade Section 8.5.3.

B.

Applicability. The following divisions of land are exempt from the requirements of Section 8.5.3 by Wyo. Stat. § 18-5-303. However, as authorized by the same statute, they shall comply with the standards of this Section prior to recording deeds, records of survey, contracts for deeds, or other types of instruments with the County Clerk.

1.

A division which creates cemetery lots.

2.

A division which is created by the sale or other disposition of land to the state of Wyoming or any political subdivision thereof.

3.

A division which may be created by any court of this state pursuant to the law of eminent domain, by operation of law, or by order of any court in this state, except that this paragraph shall not exempt a partition of real property pursuant to Wyo. Stat. §§ 1-32-101 through 1-32-122 from compliance with this article if the division would otherwise be subject to the provisions of this article.

4.

A division which affects railroad rights-of-way.

5.

A division which is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes.

6.

A division of land creating a parcel five acres or less for the purpose of establishing unmanned communication facilities, compressor stations, metering stations, fiber optic booster stations, or similar unmanned facilities.

7.

The sale or other disposition of land where the parcels involved are 35 acres or larger, subject to the requirement that ingress and egress and utility easements shall be provided to each parcel by binding and recordable easements of not less than 40 feet in width to a public road unless specifically waived by the grantee or transferee in a binding and recordable document.

8.

A division of land made outside of a platted subdivision for the purpose of a single gift or sale to a member of the landowner's immediate family, subject to the following requirements:

a.

A member of the immediate family is limited to any person who is a natural or adopted child, stepchild, spouse, sibling, grandchild, grandparent or parent of the landowner;

b.

The purpose of the division is to provide for the housing, business or agricultural needs of the grantee;

c.

The land shall have been titled in the name of the grantor, or in the name of a trust controlled by the grantor, for a combined period of not less than ten years prior to the division and parcels created under this paragraph shall be titled in the name of the immediate family member for whom the division is made for a period of not less than five years unless such parcels are subject to involuntary transfer including, but not limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;

d.

No parcel smaller than five acres created under this paragraph shall be further divided except in compliance with Section 8.5.3; and

e.

Where the landowner is a business entity and 80% of the shares are held by individuals related by blood or marriage, the sale or gift may be made subject to the provisions of this Section to an immediate family member of any shareholder who has owned at least 5% of the outstanding shares for at least five years continuously before the date of the sale or gift.

C.

Effect. This Section shall exempt applicable divisions of land from the procedural standards of Section 8.5.3. However, the resultant parcels shall not be exempt from the other standards of these LDRs.

D.

Recorded Documents. Prior to recording deeds, contracts for deeds, or other types of instruments with the County Clerk, the following documents shall be recorded with the County Clerk:

1.

A map of survey;

2.

A certificate acknowledged by all owners of record stating the division is exempted from review as a subdivision under Wyo. Stat. § 18-5-303; and

3.

A certificate acknowledged by the Planning Director that states that the division is exempt pursuant to Wyo. Stat. § 18-5-303 and this Section;

4.

If applicable, an instrument acceptable to the Planning Director that limits the use of the property to those purposes allowed under Wyo. Stat. § 18-5-303 for the claimed exemption.

E.

Findings. A claimed exempt land division shall be found eligible if:

1.

The application meets the applicability standards of this Section;

2.

The required documents to be recorded are acceptable; and

3.

The application is not intended to evade Section 8.5.3.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Exempt Land Division

(1/4/21)

A.

Purpose. The purpose of the boundary adjustment process is to ensure that the adjustment of property lines results in property configurations that comply with the standards of these LDRs.

B.

Applicability. The adjustment of boundaries between lots of record that involves the division of a portion of one property so that the divided portion can be completely merged into an adjacent property shall be exempt from the standards of Section 8.5.3, but shall comply with the standards of this Section or Section 8.5.4. Specifically, but not exclusively, this Section shall be applicable in the following situations.

1.

The conveyance of a parcel from a public agency to a private party that owns land contiguous to the conveyed public land shall be treated as a boundary adjustment to the contiguous private land and not as the creation of a separate, legal, buildable lot of record.

2.

The remedying of an encroachment, setback violation, bona fide boundary dispute, or similar circumstance through boundary adjustment shall comply with the standards of this Section.

3.

A change in the lot configuration and/or roadway location in a limited part of a platted subdivision that does not abridge or destroy any of the rights and privileges of other landowners or others who have an interest in the plat shall be reviewed as a boundary adjustment; otherwise the change in configuration of a platted subdivision shall comply with the standards of Section 8.2.13(C).

C.

Recorded Documents. Adjustment of the boundaries between unplatted lots requires the recordation of different documents from the adjustment of the boundaries between platted lots.

1.

Unplatted Parcels. In order to adjust the boundaries between unplatted lots of record the following documents shall be recorded with the County Clerk.

a.

Map of Survey. A map of survey of the new configuration of the lots of record shall be recorded. The map of survey shall contain a certificate of Surveyor, Certificate of Owners, and Certificate of Acceptance of Mortgagees signed by all holders of mortgages of the properties being adjusted. Each of the certificates shall be appropriately acknowledged and comply with the applicable sections of state statute.

b.

Conveyance of Parcels. An acceptable instrument, which shall totally merge the divided portions with and combine them into the adjoining lots of record so that no additional lots of record are created, and the resulting lots of record shall be established as single lots of record for all purposes.

2.

Platted Lots. In order to adjust the boundaries between platted lots, or a platted lot and an unplatted parcel, the following documents shall be recorded with the County Clerk.

a.

Plat. A new plat shall be recorded for the lots with adjusted boundaries. The new plat shall meet the following standards.

i.

The content of the new plat shall meet the standards of Section 8.5.3(D).

ii.

The Subdivision Improvement Agreement shall be updated as needed pursuant to the standards of Section 8.5.3(E).

iii.

The Certificate of Owners on the new plat shall have a clause vacating the area to be reconfigured that is signed by all owners of record of the lots involved.

iv.

All mortgagees shall acknowledge the replat.

v.

If only one subdivision is involved, the name shall be the name of the original subdivision, followed by a numerical designation. The resulting (new) lots shall be numbered consecutively with numbers different from the original subdivision. If two or more neighboring subdivisions are involved, the new plat shall have a name materially different than any of the original plats.

vi.

An adjusted unplatted parcel is not required to become a part of the subdivision, however the new configuration of the unplatted parcel shall be shown on the plat, to the satisfaction of the County Surveyor.

b.

Conveyance of Platted Lots. If there is more than one owner of the vacated portion of the plat, instruments shall be recorded conveying ownership of the individual lots of record resulting from the replat.

c.

Conveyance of Unplatted Parcels. An instrument acceptable to the County Attorney and the County Surveyor shall be recorded to establish a newly adjusted unplatted parcel.

D.

Findings. A boundary adjustment shall be approved upon finding that:

1.

No additional lots of record are created;

2.

Each of the resulting lots of record complies with the zone in which it is located as approved through a zoning compliance verification;

3.

The applicability and required document provisions of this Section are met;

4.

The application complies with all other relevant standards of these LDRs and other County Resolutions; and

5.

The application is in substantial conformance with all standards or conditions of any prior applicable permits or approvals.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Boundary Adjustments

(1/4/21)

A.

Purpose. The purpose of a formal interpretation is to provide a written answer to a specific question on the application of a provision of these LDRs or the boundaries or classifications of the Official Zoning Map independent from any other review procedure. A formal interpretation provides consistency in the implementation of these LDRs.

B.

Applicability. A formal interpretation may be requested to interpret any provision of these LDRs or boundary or classification of the Official Zoning Map. The Planning Director may require a different application to be filed if an interpretation should be evaluated in the context of a full application rather than as a separate question.

C.

Findings. In making a formal interpretation the Planning Director shall consider the following:

1.

The Jackson/Teton County Comprehensive Plan;

2.

The purposes for which the regulation was initially adopted, the Planning Director's judgment should not be substituted for the legislative intent of the Board of County Commissioners;

3.

Previous interpretations of similar circumstances; and

4.

Flexibility to achieve the desired future character within the established protections of these LDRs is to be encouraged, while flexibility around the protections provided by the standards in these LDRs shall be prohibited.

D.

Official Record. The Planning Director shall maintain a record of all formal interpretations rendered pursuant to this Section. This record shall be available for public inspection in the Planning Department during normal business hours.

E.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Formal Interpretations

(1/4/21)

A.

Purpose. The purpose of a zoning compliance verification is to determine in writing if all or a portion of a property is in compliance with these LDRs at a specific point in time.

B.

Applicability. A zoning compliance verification may be requested for any property, portion of a property, or attribute of a property's physical development, use, development options, or subdivision.

EXAMPLE:Examples of zoning compliance verification requests include, but are not limited to: a determination of the current development potential on a site, identification of any apparent nonconformities on a site, review of a wetland delineation prior to application submittal, and visual resource analysis that informs application submittal but is not dependent upon application information for review.

C.

Findings. In order to issue a zoning compliance verification the Planning Director shall find that the property, portion of the property, or attribute of the property in question:

1.

Is in substantial conformance with all relevant standards of these LDRs and other County Resolutions; and

2.

Complies with all standards or conditions of any prior applicable permits or approvals.

D.

Effect. A zoning compliance verification shall only apply to the circumstances reviewed and will only be as detailed as the information provided in the request. A zoning compliance verification does not permit any physical development, use, development option, or subdivision, nor does it guarantee approval of any application.

E.

Expiration. A zoning compliance verification shall only verify zoning compliance at the time it is issued.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Zoning Compliance Verification

(1/4/21)

A.

Purpose. The purpose of an LDR text amendment is to publicly review a change to these LDRs to ensure that it improves implementation of the Jackson/Teton County Comprehensive Plan or address other health, safety, or welfare issues in the community.

B.

Applicability. All LDR text amendments shall be reviewed pursuant to this Section, which is adopted pursuant to the Wyoming Administrative Procedures Act.

C.

Factors for Approval. The advisability of amending the text of these LDRs is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by any one factor. In deciding to adopt or deny a proposed LDR text amendment the Board of County Commissioners shall consider factors including, but not limited to, the extent to which the proposed amendment:

1.

Is consistent with the purposes and organization of the LDRs;

2.

Improves the consistency of the LDRs with other provisions of the LDRs;

3.

Provides flexibility for landowners within standards that clearly define desired character;

4.

Is necessary to address changing conditions, public necessity, and/or state or federal legislation;

5.

Improves implementation of the Comprehensive Plan; and

6.

Is consistent with other adopted County Resolutions.

D.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

LDR Text Amendment

(1/23/23)

A.

Purpose. The purpose of zoning map amendment is to publicly review a change to the Official Zoning Map to ensure that it improves implementation of the Jackson/Teton County Comprehensive Plan or address other health, safety, or welfare issues in the community.

B.

Applicability. All zoning map amendments shall be reviewed pursuant to this Section, which is adopted pursuant to the Wyoming Administrative Procedures Act.

C.

Factors for Approval. The advisability of amending the Official Zoning Map is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by any one factor. In deciding to adopt or deny a proposed zoning map amendment the Board of County Commissioners shall consider factors including, but not limited to, the extent to which the proposed amendment:

1.

Is consistent with the purposes and organization of the LDRs;

2.

Improves implementation of the desired future character defined in the Illustration of Our Vision chapter of the Comprehensive Plan;

3.

Is necessary to address changing conditions or a public necessity; and

4.

Is consistent with the other adopted County Resolutions.

D.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Zoning Map Amendment

(1/23/23)

A.

Purpose. A planned unit development is established by a zoning map amendment to rezone land to a planned unit development zoning classification that is defined by a master plan and certificate of standards. The purpose of the planned unit development process is to publicly review the proposed master plan to ensure that they enhance the implementation of the desired future character for the land of the proposal beyond what could be achieved by base zoning.

B.

Applicability. Development options that require planned unit development review and approval are identified in the standards for each zone. See Articles 2—4 for zone standards. PUDs shall be reviewed pursuant to the procedures and standards of this Section, which is adopted pursuant to the Wyoming Administrative Procedures Act.

C.

Consolidation of Applications. A PUD shall be reviewed concurrently with the initial physical development permit application required for the proposal.

EXAMPLE:If the density or intensity of the project requires a sketch plan, the PUD application shall be reviewed concurrently with the sketch plan application.

D.

Findings for Approval. The advisability of amending the Official Zoning Map to include a planned unit development classification is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by any one factor. In deciding to adopt or deny a proposed planned unit development the Board of County Commissioners shall consider:

1.

The extent to which the PUD enhances the implementation of the desired future character for the land of the proposal beyond what could be achieved by base zoning;

2.

The findings for the applicable PUD option found in Article 4;

3.

The applicable findings for the amendment of an existing PUD or other special project found in Section 8.2.13(D);

4.

The findings of Section 8.7.1; and

5.

The findings of Section 8.7.2.

E.

Effect. Approval of a PUD constitutes a zoning map amendment that has the effect of applying the master plan as the zone-specific standards for the site. Approval of a PUD does not permit actual physical development or use of the site, nor does it constitute subdivision of land.

F.

Expiration.

1.

Expiration. A PUD shall expire if the physical development permit with which it was approved expires except under one of the following circumstances:

a.

The PUD option in Article 4 establishes an alternative expiration; or

b.

An alternate expiration is set through the approval of the PUD.

2.

Effect of Expiration. Upon expiration, all rights established by the master plan shall become null and void. The County shall amend the Official Zoning Map pursuant Section 8.7.2 from PUD to the zone that existed on the land prior to the PUD approval. If the prior zone no longer exists, the Planning Director shall propose the appropriate zone in which to place the land.

G.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Planned Unit Development (PUD)

(5/1/25)

A.

Purpose. The purpose of an administrative adjustment is to allow minor adjustments to certain requirements and numerical standards in these LDRs based on specific review standards. The intent is to provide relief when application of a standard creates practical difficulties in advancement of Comprehensive Plan goals or zoning district purposes.

B.

Applicability. An application may be made for administrative adjustment of the following standards of the LDRs.

1.

Landscape Surface Ratio and site development may be adjusted up to 20%.

2.

Structure setbacks, not including setbacks from natural resources, may be adjusted up to 20%.

3.

Site development setbacks, not including setbacks from natural resources, may be adjusted up to 20%.

4.

Fencing height and setbacks may be adjusted up to 20%.

5.

Grade of developable slopes may be adjusted up to 20%.

6.

Wildlife friendly fencing may be adjusted as allowed by Section 5.1.2(E).

7.

Standard plant units may be adjusted as allowed by Section 5.5.3(E.3).

8.

Parking requirement may be adjusted as allowed by Section 6.2.2(A.1).

9.

Conservation area configuration may be adjusted as allowed by Section 7.3.3(D).

10.

Street and road standards may be adjusted as allowed by Section 7.6.4(C).

11.

Retaining wall length may be adjusted up to 20% to accommodate site specific circumstances.

C.

Findings. An administrative adjustment shall be approved upon finding the application:

1.

Complies with the applicability standards of this Section;

2.

Either:

a.

Compensates for some unusual constraint of the site or proposal that is not shared by landowners generally, or

b.

Better protects natural and scenic resources, or

c.

Better supports the purpose of the zone;

3.

Is consistent with the purpose of the zone and the desired future character for the area described in the Comprehensive Plan;

4.

Will not pose a danger to the public health or safety; and

5.

The site is not subject to a series of incremental administrative adjustments that circumvent the purpose of this Section.

D.

Effect. Issuance of an administrative adjustment shall not ensure the approval of any other application. The decision on an administrative adjustment cannot be reversed by the Board of County Commissioners through review of an associated permit application. The decision on an administrative adjustment can only be reversed through an appeal pursuant to Section 8.8.3.

E.

Expiration. An administrative adjustment shall expire one year after the date of approval except under one of the following circumstances:

1.

The physical development, use, development option, or subdivision enabled by the administrative adjustment is in review or implementation; or

2.

An alternate expiration is set through the approval of the administrative adjustment.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Administrative Adjustment

(5/1/25)

A.

Purpose. The purpose of a variance is to allow a specific deviation from these regulations that is not contrary to the desired future character for the site when, due to special circumstances of the land, strict application of these regulations would result in undue and unique hardship.

B.

Applicability. A variance may be sought for any standard of these LDRs unless the variance would:

1.

Increase maximum density, FAR, or maximum scale of development;

2.

Allow a prohibited sign;

3.

Allow a prohibited use or allow additional expansion of a nonconforming use;

4.

Reduce the requirements of a development option (e.g., required conservation area, minimum lot size, unit type mix);

5.

Reduce a requirement where an option for independent calculation of the requirement exists (e.g., housing, development exactions); or

6.

Reduce the threshold for review of an application.

C.

Findings for Approval. A variance shall be approved upon finding:

1.

There are special circumstances or conditions which are peculiar to the land or building for which the variance is sought that do not apply generally to land or buildings in the neighborhood;

2.

The special circumstances and conditions have not resulted from any willful modification of the land or building;

3.

The special circumstances and conditions are such that the strict application of the regulation sought to be varied would create a hardship on the applicant far greater than the protection afforded to the community;

4.

The variance sought is the minimum variance necessary to provide balance between the purpose of the regulation sought to be varied and its impact on the applicant;

5.

The granting of the variance will not be injurious to the neighborhood surrounding the land where the variance is proposed, and is otherwise not detrimental to the public welfare; and

6.

The granting of the variance is consistent with the general purpose and intent of these LDRs.

D.

Effect. Issuance of a variance shall not ensure the approval of any other application. A variance is unique to the special circumstances identified in the findings and does not create precedent. A variance approved for a specific development or use shall only apply to that development or use.

E.

Expiration. A variance shall expire one year after the date of approval except under one of the following circumstances:

1.

The use, physical development, development option, or subdivision permit enabled by the variance is under review or implementation; or

2.

In the case of a phased development, not more than one year has passed since the completion of a physical development, development option, or subdivision, or initiation of a use, enabled by the variance; or

3.

Another expiration has been set through the approval of the variance.

F.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Variance

(1/4/21)

A.

Purpose. The purpose is to allow an aggrieved party to appeal a final agency action to the Board of County Commissioners for a review of whether the final agency action complies with these LDRs.

B.

Standing. An appeal may only be filed by an aggrieved party and may only be for a final agency action. For the purpose of determining standing the following definitions shall apply.

1.

Aggrieved Party. An aggrieved party is a person or corporate entity with a legally recognizable interest affected by the final agency action. The interest shall be:

a.

Definite and tangible;

b.

Substantial, immediate, and pecuniary; and

c.

Exceed the general interest in the community good shared by all persons.

2.

Final Agency Action. A final agency action is a decision or interpretation of these LDRs by the Planning Director, County Engineer, Housing Director or other agency of the County, which:

a.

Is formally documented; and

b.

Leaves nothing further to be accomplished.

EXAMPLE:A Pre-application conference summary or Natural Resources Assessment recommendation is not a final agency action because it does not permit any physical development and is only a step in the approval process. A Zoning Compliance Verification establishing a nonconforming use is a final agency action because it allows continuance of the use even though no permit is required. Denial of a Basic Use Permit application is a final agency action because it leaves nothing further to be accomplished in review of the application.

C.

Stay. A determination by the Board of County Commissioners that an appellant has standing shall stay all further action related to the subject appeal, unless a stay would cause imminent peril to life or land. A stay shall not take effect until the Board determines the appellant has standing.

D.

Standard of Review. An appeal shall be reviewed under the following standards.

1.

The final agency action on appeal is presumed correct.

2.

The appellant has the burden to overcome the presumption, which burden shall be met by the preponderance of the evidence standard of review.

3.

The record on appeal shall include, but is not limited to:

a.

The formally documented final agency action;

b.

The application and supporting materials;

c.

The staff report and/or other plans, documents, reports, and studies considered in taking the final agency action;

d.

Any minutes, transcripts, or record of the meetings held to consider and make the decision;

e.

The Jackson/Teton County Comprehensive Plan;

f.

These LDRs; and

g.

Other relevant County resolutions, documents, and records.

4.

Where conflicting evidence exists, the appeal is limited to determining what evidence or testimony bears the greatest credibility in terms of documentation and qualifications.

5.

The decision rendered on an appeal shall not be based on hardships or special conditions; it shall be based solely on:

a.

The standards for an appeal established in this Section;

b.

The record on appeal;

c.

The recommendation of the Hearing Officer (if applicable);

d.

Briefs submitted by representatives of the appellant, the agency on appeal, applicant for the final agency action on appeal, and the owner of the land subject to the final agency action on appeal; and

e.

The arguments made, oral testimony provided, and evidence admitted at the hearing.

E.

Findings for Remand. The final agency action shall be remanded to the agency on appeal upon making one or more of the following findings:

1.

The agency made an error in measuring or interpreting the proposal's compliance with a standard;

2.

The agency misunderstood how to apply a standard;

3.

The agency made the decision based on a standard not contained in these LDRs or other appropriate ordinance, regulation, or state law;

4.

The agency incorrectly applied a standard that is more strict or broad than the standard established in these LDRs; or

5.

The agency misinterpreted a provision in the LDRs, based on the standards for interpretations established in Section 8.6.1.

F.

Effect. The final decision rendered on the appeal shall not permit any physical development, use, development option, or subdivision that has not been approved pursuant to these LDRs and shall not ensure approval of any future application.

G.

Rules of Procedure. Appeals shall be governed by the contested case rules adopted by the County pursuant to the Wyoming Administrative Procedures Act.

H.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Appeal of a Final Agency Action

(5/1/25)

A.

Purpose. The intent of the County is that every landowner in the unincorporated County enjoy an economically beneficial use of their land. The procedures set forth in this Section are intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the County for relief from application of these LDRs sufficient to provide an economically beneficial use of the land.

B.

Applicability. If a landowner is of the opinion that the decisions on the appropriate physical development, use, development option, or subdivision applications has denied economically beneficial use of that landowner's land, then the procedures of this Section shall be used prior to seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a non-judicial forum.

C.

Findings. In determining if a landowner is deprived of an economically beneficial use of land, the following factors shall be taken into account.

1.

Economically Beneficial Use. The uses of the land as provided by these LDRs, and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this Section, "economically beneficial use" means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination.

2.

Diminution in Value. The market value of the land, as established by the comparable sales approach, prior to adoption of the regulations that caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations as applied. Market value of the land prior to the adoption of the regulations that caused the landowner to apply for relief shall constitute its highest and best use one day prior to the effective date of the regulations that caused the landowner to apply for relief, or the date of purchase of the land, whichever is later; and any other land value/appraisal information that the applicant would like considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use.

3.

External Costs. The amount or nature of any subsidy that may be required by the County, neighbors, purchasers, tenants, or the public at large if the uses allowed under these LDRs are modified; and any other adverse effects on the County and its residents.

4.

Current State of the Law. The state of the law established by the United States Supreme Court, the 10th Circuit Federal Court of Appeals, and the Wyoming Supreme Court relevant to these standards.

D.

Granting of Relief. If the finding is that a landowner has been deprived economically beneficial use of land or is otherwise entitled to relief in accordance with to the standards of this Section, relief shall be granted.

1.

General. In granting relief, any legally available incentive or measure reasonably necessary to offset any substantial economic hardship may be adopted, and such incentives may be conditioned upon approval of specific development plans. If there is a finding that the denial of the application would create a substantial economic hardship, additional relief to provide an appropriate increase in market value or other benefit or return to the applicant sufficient to offset the substantial economic hardship may be considered. The types of incentives include, but are not limited to:

a.

An amendment of the Official Zoning Map to a more appropriate classification, issuance of an administrative adjustment, issuance of a conditional use permit, issuance of a variance, approval of a development plan (public or administrative), or other appropriate land-use regulatory action that will enable the applicant to realize a reasonable return on the land;

b.

An opportunity to cluster development on other land;

c.

A waiver of permit fees;

d.

Development finance assistance;

e.

Approval of development on some portion of the land; or

f.

Acquisition of all or a portion of the land at market value.

2.

Minimum Increase. In granting relief, the landowner shall be given the minimum increase in use, intensity, or other possible concessions from these LDRs in order to permit an economically viable use of the land, or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically viable use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum.

a.

No Governmental Subsidy. A minimum economically viable use of the land should be one that does not have any governmental subsidy attached to the long-term safe occupation of the land. If such a subsidy is needed, then that should be reflected by lowering the use or intensity that is considered a minimum economically viable use on a market valuation basis.

b.

Common Use. A use common to the County, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the County but which uses still provide for occupation and living within the County. These land uses, as well, shall be considered economically viable uses.

c.

Actual Condition of Land Considered. The actual condition of the land shall be considered. The reality of limited development potential, given the natural condition of the land, shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically viable use.

d.

Potential for Damages. The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered, and the cost of such subsidies shall be deducted from the otherwise established minimum economically viable use.

e.

Only Investment Backed Expectations Considered. Expectations shall, in general, not be considered. Only reasonable expectations backed by investments as recognized by the current state of the law shall be considered.

f.

Current State of the Law. The current state of law established by the United States Supreme Court, the 10th Circuit Federal Court of Appeals, and the Wyoming Supreme Court, relevant to the granting of relief.

E.

Effect. The beneficial use determination shall not permit any physical development, use, development option, or subdivision that has not been approved pursuant to these LDRs and shall not ensure approval of any future application.

F.

Rules of Procedure. A beneficial use determination shall be governed by the contested case rules adopted by the County pursuant to the Wyoming Administrative Procedures Act.

G.

Review Process. All steps and deadlines in the following chart are required unless noted otherwise. An applicant must complete each step before moving to the step below.

Beneficial Use Determination

(1/4/21)

A.

Authority. The provisions of these LDRs shall be enforced by the Board of County Commissioners through its authority to abate any violations and enjoin and restrain any person violating these LDRs in accordance with state law.

(1/1/15)

A.

Compliance Required. Compliance with all provisions of these LDRs is required by all persons owning, developing, dividing, managing, using, or occupying land or structures. Failure to comply with a standard, requirement, prohibition, or limitation imposed by these LDRs, or the terms or conditions of any permit, approval, or authorization granted in accordance with these LDRs, shall constitute a violation of these LDRs punishable as provided in this Division.

B.

Inspection. The Planning Director shall gain permission prior to entering onto land within the County to inspect suspected violations of these LDRs.

C.

Responsible Persons. The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of these LDRs, may be held responsible for the violation and be subject to the remedies and penalties set forth in this Section.

D.

Failure to Obtain a Permit.

1.

If a person commences a physical development, use, development option, or subdivision for which a permit or approval is required without having first obtained the required permit or approval, such person shall pay twice the fee for the permit or approval.

2.

The payment of such fees shall not relieve the person from fully complying with the requirements of these LDRs, nor does it guarantee approval of the permit or application, or preclude enforcement of a violation.

3.

The provisions of this Section do not apply to emergency work if there is, or would have been, an unreasonable delay in obtaining the permit.

E.

Separate Offenses. Any person violating any provisions of these LDRs is guilty of a separate offense for each and every day during any portion of which any violation of any provision of these LDRs is committed, continued, or permitted by any such person and shall be punished by a fine of not more than $750 for each offense per Wyo. Stat. § 18-5-206 or $100 for each offense if a nuisance violation is ordered and the violation continues per Wyo. Stat. § 18-2-101(viii).

F.

Violations. Activities that constitute a violation include, but are not limited to, the following:

1.

Development of land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions;

2.

Occupation or use of land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions;

3.

Subdivision of land without first obtaining all appropriate permits or development approvals required to engage in subdivision (or an exemption), and complying with their terms and conditions;

4.

Excavation, grading, cutting, clearing, or undertaking any land disturbing activity without first obtaining all appropriate permits and development approvals, and complying with their terms and conditions;

5.

Disturbing any protected wildlife habitat or scenic views in violation of these LDRs;

6.

Disturbing any landscaped area or vegetation required to be protected or maintained by these LDRs;

7.

Installing, creating, erecting, altering, or maintaining any sign without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions;

8.

Failing to remove any sign installed, created, erected, or maintained in violation of these LDRs, or for which the permit has expired;

9.

Creating, expanding, replacing, or changing any nonconformity except in compliance with these LDRs;

10.

Reducing or diminishing the requirements for development, design, or dimensional standards below the minimum required by these LDRs;

11.

Increasing the intensity or density of development, except in accordance with the standards of these LDRs; or

12.

Through any act or omission, failing to comply with any other provisions, procedures, or standards as required by these LDRs.

G.

New Permits. At the discretion of the Planning Director, no new permits may be issued for a parcel until any existing violations associated with said parcel are remedied. The sole exception to this rule will be permits issued pursuant to Section 8.9.2(D.1) for the purposes of remedying the violation.

(1/4/21)

A.

Purpose. The purpose of revoking or suspending a permit or approval is to remove a previously granted permit or approval where the terms of the approval are not being met.

B.

Applicability. Revocation or suspension of any permit or approval issued in accordance with these LDRs shall be made under the procedures and standards of this Section.

C.

Findings. A permit or approval shall be revoked or suspended if any of the following findings is made:

1.

The permit or approval was issued on the basis of erroneous or misleading information or misrepresentation; or

2.

The physical development, use, development option, or subdivision, violates the terms or conditions of the permit or approval.

D.

Rules of Procedure. A revocation proceeding shall be governed by the contested case rules adopted by the County pursuant to the Wyoming Administrative Procedures Act.

E.

Process. All steps and deadlines in the following chart are required unless noted otherwise. A step must be completed before moving to the step below.

Revocation or Suspension of Permit

(1/1/15)

A.

Purpose. Violations of these LDRs may be abated at the election of the Planning Director. This procedure shall not be the sole remedy available, and the County may enforce these LDRs in any manner provided by law.

B.

Applicability. Abatements of violations of these LDRs shall be made under the procedures and standards of this Section.

C.

Findings. An Order to Abate shall be issued if there is:

1.

Competent, substantial evidence that a violation of these LDRs does exist; and

2.

Sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal development.

D.

Effect. If an Order to Abate is issued it shall mean that the land or development is in violation of these LDRs and the illegal activity shall be discontinued and rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the Order to Abate.

E.

Rules of Procedure. An abatement proceeding shall be governed by the contested case rules adopted by the County pursuant to the Wyoming Administrative Procedures Act.

F.

Process. All steps and deadlines in the following chart are required unless noted otherwise. A step must be completed before moving to the step below.

Abatement of Violations

(1/1/17)

A.

Applicability. A nuisance is a use or act of a property which constitutes an unreasonable interference with the quality of life, health, safety or welfare of Teton County citizens that has been declared by the Board of County Commissioners to be a threat to health or safety and may be abated or remedied as outlined in this Section upon issuing Nuisance Order by the Board of County Commissioners. This procedure shall not be the sole remedy available, and the County may enforce these LDRs in any manner provided by law, including injunction, mandamus, or abatement. Pursuant to Wyo. Stat. § 18-2-101(a)(viii), any farm or ranch operations meeting the Wyoming Right to Farm and Ranch Act standards shall be exempt from all standards of this Section. A farm or ranch operation shall not be found to be a nuisance by reason of that operation if that farm or ranch conforms to generally accepted agricultural management practices and existed before a change in the land use adjacent to the farm or ranch land and the farm or ranch operation would not have been a nuisance before the change in land use or occupancy occurred. A farm or ranch for purposes in this Section is defined by Wyo. Stat. § 11-44-102.

B.

Nuisance Violations. Enforcement of a nuisance violation of these LDRs shall follow the procedures and standards of this Section. Violation of the following standards are nuisances:

1.

Section 5.1.4 Air Quality

2.

Division 6.4 Operational Standards

C.

Findings for a Nuisance Order. A Nuisance Order may be issued by the Board of County Commissioners if all of the following three findings are met:

1.

Proof based on a preponderance of the evidence standard that a nuisance exists, as defined above; and

2.

Sufficient cause to evict or relocate the nuisance; and

3.

The nuisance poses a threat to the health or safety of persons in Teton County.

D.

Content. If a Nuisance Order is issued it shall state the specific provision(s) of the LDRs in violation, and shall set forth a reasonable period of time for the landowner and/or occupant to abate and correct the violation.

E.

Effect. If a Nuisance Order is issued it shall mean that the land or development is in violation of these LDRs and the prohibited activity shall be corrected, abated, discontinued and rehabilitated, repaired, removed, or demolished in the manner and means as required and/or specifically set forth in the Nuisance Order.

F.

Process. All steps and deadlines in the following chart are required unless noted otherwise. A step must be completed before moving to the step below.

Nuisance

(1/4/21)

A.

Civil Remedies. The County shall have the right to enforce the provisions of these LDRs under any remedy provided under Wyoming law, including by injunction, abatement, or by civil fine as stated in Wyo. Stat. § 18-2-101(a)(viii).

B.

Criminal Remedies. Any person violating any provisions of these LDRs shall be subject to all criminal penalties authorized by the State of Wyoming for such violation, including upon conviction, a fine and imprisonment, or both, and payment of all costs and expenses involved in prosecuting the offense.

(1/4/21)

A.

Creation and Appointment. The Planning Director shall be the agency head of the Planning Department and shall be appointed by and serve at the pleasure of the County Commissioners' Administrator.

B.

Jurisdiction, Authority, and Duties. In addition to the jurisdiction, authority, and duties which may be conferred upon the Planning Director by other provisions of the County Regulations, and the Board of County Commissioners, the Planning Director shall have the following jurisdiction, authorities, and duties under these LDRs:

1.

To administer the pre-submittal requirements of these LDRs pursuant to Sections 8.2.1—8.2.3;

2.

To receive applications under these LDRs pursuant to Sections 8.2.4—8.2.5;

3.

To coordinate review and recommendation under these LDRs pursuant to Sections 8.2.6—8.2.7;

4.

To administer post-decision requirements of these LDRs pursuant to Sections 8.2.11—8.2.13;

5.

To ensure that adequate public notice is provided for public hearings on applications under these LDRs pursuant to Section 8.2.14;

6.

To review, consider, and decide the following permit applications:

a.

Sign permit pursuant to Section 8.3.5,

b.

Basic use permit pursuant to Section 8.4.1,

c.

Development option plan pursuant to Section 8.5.2,

d.

Exempt land division pursuant to Section 8.5.4, and

e.

Administrative adjustment pursuant to Section 8.8.1;

7.

To review, consider, and decide the following requests for interpretation:

a.

Formal interpretation pursuant to Section 8.6.1, and

b.

Zoning compliance verification pursuant to Section 8.6.2;

8.

To review consider, and decide on the zoning compliance of the following applications:

a.

Building permit pursuant to Section 8.3.3, and

b.

Grading permit pursuant to Section 8.3.4;

9.

To review, consider, and recommend a decision to the Planning and Zoning Commission and/or Board of County Commissioners on the following applications:

a.

Sketch plan pursuant to Section 8.3.1,

b.

Development plan pursuant to Section 8.3.2,

c.

Conditional use permit pursuant to Section 8.4.2,

d.

Special use permit pursuant to Section 8.4.3,

e.

Subdivision plat pursuant to Section 8.5.3, and

f.

Variance pursuant to Section 8.7.2;

10.

To initiate or review, consider, and recommend to the Board of County Commissioners a decision on the following legislative applications:

a.

LDR text amendments pursuant to Section 8.7.1,

b.

Zoning Map amendment pursuant to Section 8.7.2,

c.

Planned Unit Development pursuant to Section 8.7.3;

11.

To initiate actions to revoke permits where the physical development, use, or development option is not in compliance with the terms and conditions of the permit;

12.

To initiate requests to the County Attorney to institute proceedings against the violators of these LDRs;

13.

To undertake the day to day administration of the LDRs;

14.

To serve as the Secretary to the Planning and Zoning Commission pursuant to the terms of the LDRs;

15.

To review the effectiveness of these LDRs and the Official Zoning Map in implementing the Comprehensive Plan; and

16.

To take such other action and perform such other duties as may be provided for in the LDRs.

C.

Delegation. Any authority or duty of the Planning Director may be delegated to a professional-level employee of the Planning Department by the Planning Director, unless specified otherwise by these LDRs.

(1/1/15)

A.

Purpose. The purpose of the Plan Review Committee (PRC) is to advise and assist the Planning Director in reviewing, making recommendations, and deciding applications by providing technical assistance regarding compliance with the LDRs.

B.

Composition. The PRC consists of representatives of federal, state and local agencies who oversee regulations that are related to physical development, use, development options, and subdivision. The exact members of the PRC may vary from application to application, depending on the nature and magnitude of the application. Potential PRC members are listed below, however the Planning Director may alter or expand the list if an application warrants other technical expertise.

1.

County Engineer

2.

County Surveyor

3.

County Clerk

4.

Building Official

5.

Fire Marshal

6.

County Sanitarian

7.

Teton County Conservation District

8.

Parks and Recreation Department

9.

Pathways Coordinator

10.

START

11.

Sheriff's Department

12.

Integrated Solid Waste and Recycling

13.

Jackson/Teton County Affordable Housing Department

14.

Teton County Road and Levee Manager

15.

Teton County Public Health

16.

Teton County Scenic Preserve Trust

17.

Teton County Weed and Pest

18.

Teton County School District

19.

Town of Jackson

20.

Wyoming Department of Game and Fish

21.

Wyoming Department of Transportation

22.

Wyoming Department of Environmental Quality

23.

US Army Corps of Engineers

24.

US Fish and Wildlife Service

25.

National Forest Service

26.

National Park Service

(1/4/21)

In addition to the jurisdiction, authority, and duties, which may be conferred upon the County Engineer by other provisions of the County Regulations and the Board of County Commissioners, the County Engineer shall have the following authority and duties under these LDRs:

A.

To advise and provide technical assistance to the Planning Director, Planning and Zoning Commission, and Board of County Commissioners in regard to the engineering issues which may arise during implementation of these LDRs;

B.

To review, consider, decide, and enforce all grading permit applications, and to otherwise enforce all provisions of these LDRs relating to grading, erosion control, and stormwater management;

C.

To review, consider, and decide the following applications, as specified in these LDRs:

1.

Minor deviation pursuant to Section 8.2.13(B.2),

2.

Grading permit pursuant to Section 8.3.4,

3.

Formal interpretation pursuant to Section 8.6.1,

4.

Zoning compliance verification pursuant to Section 8.6.2, and

5.

Administrative adjustment pursuant to Section 8.8.1; and

D.

To prepare, promulgate, and, as necessary, periodically revise standard drawings and details for public improvements within Teton County.

(1/1/15)

Section number reserved, committee only exists in Town.

(1/1/15)

A.

Establishment and Purpose. There is hereby established a Teton County Planning and Zoning Commission, pursuant to Wyo. Stat. § 18-5-202.

B.

Powers and Duties. In addition to the powers and duties which may be conferred upon the Planning and Zoning Commission by other provisions of the County Regulations and the Board of County Commissioners, the Planning and Zoning Commission shall have the following powers and duties under the provisions of the LDRs.

1.

To hear requested pre-application conferences pursuant to Section 8.2.1;

2.

To hear, consider, and recommend to the Board of County Commissioners a decision on the following applications:

a.

Sketch plan pursuant to Section 8.3.1,

b.

Development plan pursuant to Section 8.3.2,

c.

Conditional use permit pursuant to Section 8.4.2,

d.

Special use permit pursuant to Section 8.4.3, and

e.

Variance pursuant to Section 8.8.2;

3.

To initiate or hear, consider, and recommend to the Board of County Commissioners a decision on the following legislative applications:

a.

LDR text amendments pursuant to Section 8.7.1,

b.

Zoning Map amendment pursuant to Section 8.7.2, and

c.

Planned Unit Development pursuant to Section 8.7.3;

4.

To hear, consider and recommend to the Town Council a decision on applications for Planned Resorts in the Town;

5.

To make studies of the resources, possibilities and needs of the County and to report its findings and recommendations, with reference thereto, from time to time, to the Board of County Commissioners; and

6.

To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department, board, commission or agency of the Town, County, State or Federal Governments.

C.

Membership. The qualifications, appointment, terms of office and procedures for filling vacancies on the Planning and Zoning Commission are set forth in Wyo. Stat. § 18-5-202(a).

1.

Officers.

a.

Chairperson and Vice-Chairperson. At an annual organizational meeting, the members of the Planning and Zoning Commission shall elect a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson's term shall be for one year. No member shall serve as Chairperson for more than two consecutive terms. The Chairperson shall administer oaths, shall be in charge of all proceedings before the Planning and Zoning Commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning and Zoning Commission. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson.

b.

Secretary. The Planning Director shall serve as Secretary of the Planning and Zoning Commission. The Secretary shall keep minutes of all proceedings, which minutes shall be a summary of all proceedings before the Planning and Zoning Commission, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority of the Planning and Zoning Commission members voting. In addition, the Secretary shall maintain all records of Planning and Zoning Commission meetings, hearings, proceedings, and the correspondence of the Planning and Zoning Commission.

2.

Compensation. The members of the Planning and Zoning Commission shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the Board of County Commissioners.

D.

Staff. The Planning Department shall be available to provide professional assistance to the Planning and Zoning Commission, at the direction of the Planning Director.

E.

Quorum and voting. The presence of three or more members of the Planning and Zoning Commission shall constitute a quorum of the Planning and Zoning Commission necessary to take action and transact business. All actions shall require a simple majority vote of the members of the quorum present.

F.

Meetings.

1.

General. Meetings of the Planning and Zoning Commission shall be held on the second and fourth Monday of each month to deal with matters properly before the Planning and Zoning Commission.

2.

Special Meetings. A special meeting may be called by the Chairperson or at the request of three members of the Planning and Zoning Commission by giving adequate notice, as required by state statute, to each member and to each newspaper, radio, or television station requesting a notice. The notice shall specify the time, place and business to be transacted, and no other business shall be conducted.

3.

Location. All Planning and Zoning Commission meetings shall be held in the County Commissioners' Chambers, or such other place within the County accessible to the public, as designated by the Chairperson pursuant to the notice requirements for a special meeting. Notwithstanding, Planning and Zoning Commission meetings may be held outside of the County in a place accessible to the public for development applications impacting lands within the County that are west of the Teton Range.

4.

Meetings Open to Public. All meetings and public hearings of the Planning and Zoning Commission shall be open to the public in a place accessible to the public.

G.

Rules of Procedure. The Planning and Zoning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings, and determinations. The Planning and Zoning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.

(1/1/15)

Section number reserved, board only exists in Town.

(1/1/15)

In addition to any authority granted the Board of County Commissioners by general or special law, the Board of County Commissioners shall have the following authority and duties under the provisions of the LDRs:

A.

To hear requested pre-application conferences pursuant to Section 8.2.1;

B.

To hear, consider, and decide on the following applications:

1.

Sketch plan pursuant to Section 8.3.1,

2.

Development plan pursuant to Section 8.3.2,

3.

Conditional use permit pursuant to Section 8.4.2,

4.

Special use permit pursuant to Section 8.4.3,

5.

Subdivision plat pursuant to Section 8.5.3, and

6.

Variance pursuant to Section 8.8.2;

C.

To initiate or hear, consider, and decide the following legislative applications:

1.

LDR text amendment pursuant to Section 8.7.1,

2.

Zoning Map amendment pursuant to Section 8.7.2, and

3.

Planned Unit Development pursuant to Section 8.7.3;

D.

To hear, consider and recommend to the Town Council a decision on applications for Planned Resorts in the Town;

E.

To hear, consider, and decide the following contested cases:

1.

Appeal of an administrative decision pursuant to Section 8.8.3,

2.

Beneficial use determination pursuant to Section 8.8.4,

3.

Revocation or suspension of a permit pursuant to Section 8.9.3, and

4.

Abatement of a violation pursuant to Section 8.9.4;

F.

To designate and appoint a Hearing Officer to assist in the hearing and consideration of contested cases as the Board of County Commissioners may deem appropriate; and

G.

To take such other action not delegated to the Planning and Zoning Commission, Hearing Officer or heads of County departments, as the Board of County Commissioners may deem desirable and necessary to implement the provisions of the Comprehensive Plan and the LDRs.

(1/1/15)

A.

Creation and Appointment. The Board of County Commissioners may appoint one or more Hearing Officers to assist in the hearing and consideration of contested cases, such matters as may be required under any provision of these LDRs, or as may be determined to be appropriate by the Board of County Commissioners from time to time. Such Hearing Officers shall serve at the pleasure of the Board of County Commissioners for such period as is determined by the Board of County Commissioners.

B.

Compensation. Hearing Officers shall be compensated at a rate to be determined by the Board of County Commissioners.

C.

Conflict of interest. A Hearing Officer shall, for a period of one year from the date of termination as holder of such office, not act as agent or attorney in any proceeding, application or other matter before any decision-making body of the County in any matter involving land that was the subject of a proceeding which was pending during the time served as a Hearing Officer.

D.

Minimum Qualifications. A Hearing Officer shall have the following minimum qualifications:

1.

Hold an active license to practice law in the State of Wyoming, or be designated by the Wyoming State bar as an Honorary member, Honorary Retired member, Retired member, or Emeritus member of the Wyoming State Bar as defined by Bylaws of the Wyoming State Bar;

2.

Knowledge of administrative, environmental, and land use planning law and procedures;

3.

Familiarity with these LDRs; and

4.

Hold no other appointive or elective public office or position in the County government during the period of appointment.

E.

Duties. A Hearing Officer shall have the following duties:

1.

To assist the Board of County Commissioners in the hearing and consideration of the following contested cases as the Board of County Commissioners may deem appropriate:

a.

Appeal of an administrative decision pursuant to Section 8.8.3,

b.

Beneficial use determination pursuant to Section 8.8.4,

c.

Revocation or suspension of a permit pursuant to Section 8.9.3, and

d.

Abatement of a violation pursuant to Section 8.9.4;

2.

To conduct fact-finding hearings on such matters as may be requested by the Board of County Commissioners;

3.

To perform such other tasks as the Board of County Commissioners may assign;

4.

Provide counsel to the Board of County Commissioners in the event that the County Attorney is representing another party in the particular matter; and

5.

In all cases, render to the Board of County Commissioners a written report containing a summary of the statements and information given and findings and recommendations regarding the specific standards applicable to the particular matter.

(11/12/24)

In addition to the jurisdiction, authority and duties which may be conferred upon the County Attorney by law, and the Board of County Commissioners, the County Attorney shall have the following authority and duties under the LDRs:

A.

To review and approve as to form all written findings of fact and conclusions of law and resolutions drafted by the Planning Director, Planning and Zoning Commission, or Board of County Commissioners in connection with any requirement of the LDRs;

B.

To review and approve as to form all proposed new regulations or amendments to these LDRs, all Development Agreements, easements, declarations of covenants, letters of credit, performance guarantees or other such documentation in connection with any requirement of the LDRs;

C.

To advise the Planning Director, Planning and Zoning Commission, and/or Board of County Commissioners in regard to legal issues that may arise during implementation of the LDRs; and

D.

To enforce the provisions of the LDRs.

(1/1/15)

In addition to the jurisdiction, authority, and duties, which may be conferred upon the Jackson/Teton County Affordable Housing Director by other provisions of the County Regulations and the Board of County Commissioners, the Housing Director shall have the following authority and duties under these LDRs:

A.

To advise and provide technical assistance to the Planning Director, Planning and Zoning Commission, and Board of County Commissioners in regard to the housing issues which may arise during implementation of these LDRs; and

B.

To review, consider, and decide the following applications, where the Housing Director or Department is identified as the decision maker:

1.

Minor deviation pursuant to Section 8.2.13(B.2),

2.

Formal interpretation pursuant to Section 8.6.1,

3.

Zoning compliance verification pursuant to Section 8.6.2, and

4.

Administrative adjustment pursuant to Section 8.8.1.

(7/18/18)