It shall be the responsibility of the Planning and Zoning Commission to administer this title.

(1982 Code § 9.11.010)

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, maintain or use any building or use any land within the incorporated area of the Town without first obtaining approval from the Planning and Zoning Commission. No such approval shall be issued unless the plans for proposed building, structure or use fully comply with this title. The Planning and Zoning Commission shall act upon any application filed with it. They shall grant approval in all cases where the proposed construction or use complies with the requirements of this title, and if approval is denied, the Commission shall specify the reasons for such denial.

(1982 Code § 9.11.020)

Amendments to this title shall be in accordance with the laws of the State of Wyoming, and the following general procedure and requirements:

   A.   Authorized: Amendments may be made at any time by the governing body, by ordinance, on its own motion, upon recommendation of the Planning and Zoning Commission or upon the signed petition of any interested person or persons.

   B.   Referral To Planning And Zoning Commission: All proposed amendments shall be referred to the Planning and Zoning Commission for study and recommendation.

   C.   Commission Public Hearing: Before making recommendations regarding amendment of this title, the Planning and Zoning Commission shall hold a public hearing. At least fifteen (15) days’ notice of the time and place of the hearing shall he published in a newspaper of general circulation in the Town.

   D.   Council Public Hearing: Before acting upon the recommendation of the Planning and Zoning Commission, the governing body shall hold a public hearing on the proposed amendment. At least fifteen (15) days’ notice of the time and place of the hearing shall be published in a newspaper of general circulation in the Town.

   E.   Protest: If there is a protest against the amendment signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change, or those immediately adjacent within a distance of one hundred forty feet (140'), an amendment will not become effective except upon the affirmative vote of three-fourths (3/4) of all of the members of the governing body. In determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included.

(1982 Code § 9.11.030)

The decisions of the Planning and Zoning Commission shall be subject to the appeal of the Board of Adjustment in accordance with the provisions of Wyoming Statutes section 15-1-608. The decisions of the Board of Adjustment shall be subject to appeal in accordance with the provisions of Wyoming Statutes section 15-1-609.

(1982 Code § 9.11.040)

   A.   Permitted; Scope: Variances from the strict application of the regulations of this title may be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this title, or by reason of exceptional topographic conditions of extraordinary and exceptional situations or conditions of such piece of property, the strict application of the provisions of this title would result in undue hardships upon the owner of the property. The Board of Adjustment may authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title.

   B.   Variances Are Nonconforming Use: Any variance granted by the Board of Adjustment pursuant to the provisions of this section, shall be construed to be a nonconforming use.

   C.   Financial Return Not Sufficient: The fact that an owner could realize a greater financial return by using his property contrary to zoning regulations is not a sufficient reason for granting a variance.

   D.   Findings, Evidence: Every variance granted by the Board of Adjustment shall be based on the specific findings, supported by written evidence and a photograph of the specific problem where applicable.

   E.   Notice To Adjacent Property Owners: The person requesting variance shall notify all adjacent property owners of his intent.

   F.   Scope: A variance shall be nothing more than minimal easing of standards of requirements.

(1982 Code § 9.11.050)

This title shall not be construed to hold the Town responsible for any damages to persons or property for reason of the inspection or reinspection authorized herein or failure to inspect or reinspect for reason of issuing authorization in the administration and enforcement of this title.

(1982 Code § 9.11.070)

   A.   Enforcement: The Town Council shall enforce the most recent edition of the International Building Code. The Zoning Officer, appointed under the provisions of the Building Code is hereby designated and authorized as the officer charged with the enforcement of this title, but the Town Council, by resolution or ordinance, may from time to time entrust such administration, in whole or in part, to any other office of the Town without amendment to this title.

(1982 Code § 9.11.080)

   B.   Application For Permit: Building permit applications shall be filled out by contractor, authorized agent or owner of land and be submitted to the Town Clerk or other authorized official. Such permit becomes null and void if work or construction authorized is not commenced within one hundred twenty (120) days. Such permit shall also become null and void unless the exterior of any permitted building or structure is not completed within eighteen (18) months after the issuance of the building permit; provided, that such completion date may be extended by the Planning and Zoning Commission after an application for extension is submitted.

(Ord. 129, 2-27-1984)

   C.   Site Plan: The applicant for a building permit shall prepare a site plan, except where the building permit concerns interior or exterior changes with no alteration of the building dimensions. The site plan shall be drawn to scale and show all existing and proposed buildings, utility rights-of-way, fences, landscaping, automobile parking and loading areas, and any other information the Planning and Zoning Commission may deem necessary.

   D.   Submittal For Review: Building permits and site plans shall be submitted to the Planning and Zoning Commission for review.

(1982 Code § 9.11.080)

All officials and public employees of the Town which are vested with the duty or authority to issue permits or licenses shall enforce the provisions of this title. Any permit or license issued and used in conflict with the provisions of this title shall be null and void.

(1982 Code § 9.11.100)

If any provision of this title is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the intent of the Town that the effect of such decision shall be limited to that provision or those provisions expressly stated in the decision to be invalid, and such decision shall not affect, impair or nullify this title as a whole, or any other part thereof, but the rest of the title shall continue in full force and effect.

(Ord. 129, 2-27-1994)

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby amended to be consistent herewith.

(1982 Code § 9.11.120)

   A.   Enforcement: The Planning and Zoning Commission, or such other administrative official as appointed by the Town Council shall enforce the provisions of this title.

   B.   Legal Action: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of this title, the Town Council may institute appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(1982 Code § 9.11.060)

   C.   Penalty: It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this title, or amendment thereof. Any person, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this title or any amendment thereof, upon conviction, shall be subject to the provisions section 1-4-1 of this Code. Each day during which such violation shall continue shall be deemed to be a separate offense. In addition to the penalties above set forth, the Town may institute injunction, abatement or any other appropriate legal action to require compliance with the provisions of this title.

(Ord. 129, 2-27-1984)