This chapter is adopted pursuant to and in accordance with the authority vested in the town council of the town of Wright, by the statutes of the state of Wyoming. (Ord. 2008-07, 10-27-2008)

This chapter shall be known, cited and referred to as the CONDOMINIUM PLATTING REGULATIONS OF THE TOWN OF WRIGHT, WYOMING. (Ord. 2008-07, 10-27-2008)

These regulations have been promulgated and adopted with the following purposes in mind:

   A.   To protect and provide for the public health, safety, and general welfare of present and future residents of the town of Wright, Wyoming.

   B.   To establish adequate and accurate records of condominium lands and buildings.

   C.   To provide for the harmonious development of the town of Wright and to ensure that the development is in accord with a duly adopted comprehensive plan.

   D.   To encourage the innovative use of land.

   E.   To protect the character and value of condominium lands and buildings throughout the town of Wright. (Ord. 2008-07, 10-27-2008)

   A.   These regulations shall apply to all of the lands within the boundaries of the town of Wright, Wyoming, as they shall from time to time be amended.

   B.   Every owner or proprietor of any tract or parcel of land who shall hereafter construct a condominium, or convert land and improvements to condominium status, shall submit a condominium plat or plats in accordance with these regulations. No person shall commence the physical layout or construction on the ground of a condominium without first obtaining the approval of the town council in the form of an approved condominium plat.

   C.   These regulations shall apply to any land and improvements where portions of which are designated for separate ownership and the remainder of which is designated for common ownership by the owners of these portions.

   D.   A condominium proposal consisting of a land subdivision may comply with the minor plat requirements of the subdivision regulations and may submit his condominium plat and minor plat concurrently for planning commission consideration. (Ord. 2008-07, 10-27-2008)

The following words, terms and phrases are hereby defined and shall be interpreted in the same fashion throughout this chapter. The word "shall" is always mandatory. The word "may" is permissive. Words used in the present tense shall include the future tense and words used in the singular shall include the plural. Terms not herein defined shall have the meaning customarily assigned to them.

BUILDING: Any permanently affixed, covered structure intended for the shelter, housing, or enclosure of persons, animals or goods.

COMMISSION: The town of Wright planning commission.

CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership by the owners of those portions.

CONVERSION CONDOMINIUM: Condominium projects not originally built and sold as condominiums but subsequently converted to condominium use.

COUNCIL: The town of Wright town council.

DECLARATION: A statement provided by the developer for a condominium development which includes, but is not limited to, the following elements: a) the creation of a management association for the condominium rules governing its duties, powers and procedures, as well as provisions for changing, expanding or terminating the condominium; b) any restrictions and limitations on the use and occupancy of the units and the common lands, limited common lands and the facilities; c) party wall agreements; and d) provisions governing the maintenance of the exterior portions of the units and the common and limited elements.

DEVELOPER: The person or persons, partnership or limited partnership, corporation or other business association which owns a rental dwelling or building and proposes to convert the land and improvements to a condominium status, or proposes to construct a new condominium project.

DEVELOPMENT REVIEW BOARD: A board consisting of the building official, the town engineer, all utility companies, and the Campbell County fire marshal.

EASEMENT: A designated area on a tract, block or lot of land which the owner has set aside for the use of others, particularly, public utilities.

IMPROVEMENTS: Man installed physical features such as pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs, structures, landscaping, and other items for the welfare of the property owners and the general public.

OWNER: Any person having a legal or equitable interest in land.

PLAT: A map or drawing on which the developer's plan of the condominium proposal is presented and which he submits for approval.

PROPRIETOR: Any person having a legal or equitable interest in land.

UNIT: That portion of a condominium designated for separate ownership on a recorded plat.

UNSIGHTLY: Unpleasant or offensive to look at; unattractive.

ZONE LOT: A single parcel of contiguous land occupied or intended to be occupied by structures and uses as permitted by the zoning ordinance of the town of Wright, Wyoming. (Ord. 2008-07, 10-27-2008)

   A.   Administration:

      1.   These regulations shall be administered by the building official of the town of Wright.

      2.   All plats submitted to the town council of the town of Wright shall first have been examined by the building official and the planning commission in accordance with the procedures established by these regulations. As a part of their examination, the building official and the planning commission shall consult with other public or private agencies to determine whether or not the plat, as proposed, will contribute to the orderly growth and development of the town. The building official shall receive all materials required to be submitted by these regulations. Condominium plats, supporting materials, and the building official's recommendations thereon shall be reviewed and evaluated by the planning commission. After concluding its examination, the planning commission shall notify the developer of its decision in writing, and communicate its findings and recommendations to the town council in writing. The actions of the building official, the planning commission and the council shall be governed by the procedures and schedules hereinafter set forth.

   B.   Appeals: Any developer of a condominium plat aggrieved by the action of the building official or the planning commission of the town of Wright in their administration of these regulations may request a hearing before the board of adjustment. The request shall be in writing and shall be submitted within thirty (30) days of the action or decision appealed from, and shall state the specific relief which the developer seeks. Within thirty (30) days of the receipt of such a request, the board of adjustment shall hold a hearing to determine the proper disposition of the matter. At the hearing, the board of adjustment shall consider not only the developer's appeal, but also the written or verbal comments of the planning commission and the building official or person appealed from. The board of adjustment shall either reaffirm or modify the decision of the planning commission, building official or person and note the decision in the record of its hearing. The developer may then proceed with his condominium plat, based upon the decision of the board of adjustment. After all changes have been made, the developer shall proceed to a review by the town council. If no further changes are required by the town council, the developer shall prepare the final plat and submit to the building official. After assurance that the final plat has been prepared according to these regulations, the building official will place the final plat on the next council agenda.

   C.   Variances: Variances shall follow the guidelines according to the subdivision ordinance of the town of Wright.

   D.   Certificate Of Occupancy: A certificate of occupancy shall not be issued for any condominium until the plat is approved by the town and recorded in the office of the county clerk.

   E.   Penalties: Any person who violates any provision of these regulations and any person who, as an agent for the developer, offers for sale any condominium unit without first complying with the provisions of these regulations shall upon conviction be fined and/or be imprisoned as provided for by the laws of the state of Wyoming. Each day of violation constitutes a new offense.

   F.   Administrative Liability: The town shall hold harmless the building official, the planning commission, and any other agencies and officials, and their official agents and representatives, when acting in good faith and without malice, from all personal liability for any damage that may accrue to any person or property as a result of any act required by these regulations, or for the omission of any act on the part of the building official, the planning commission or other officials or their authorized agents in the discharge of their duties hereunder. Any suit brought against the town or the town administration because of any such act or omission in the carrying out of the provisions of these regulations shall be defended by the town's attorney through final determination of such proceedings. (Ord. 2008-07, 10-27-2008)

   A.   Preapplication:

      1.   Prior to the submission of a condominium plat, as required by these regulations, the developer shall contact the building official to determine:

         a.   Procedures and requirements for filing the condominium plat or plats.

         b.   Availability of public water and sewer and requirements when public systems are not readily available, in the case of new condominium construction.

         c.   Zoning requirements on the property.

         d.   Requirements of the duly adopted master plan.

         e.   The location and extent of any floodplains as shown by maps in the office of the building official, in the case of new condominium construction.

         f.   Soil information, if previously filed from a subdivision plat.

      2.   As part of this contact, the developer shall discuss with the building official his tentative condominium proposal.

      3.   The developer shall request that the development review board, review and comment on a sketch plat prior to his preparation of a condominium plat. The development review board shall make such a review and a consolidated list of corrections and comments will be made to the developer by the building official in writing within five (5) days from the date of the review.

      4.   The purpose of this preapplication procedure is to determine any problems with the proposed condominium development before expenses are incurred in the preparation of a condominium plat. No official action is required of the building official or other agencies other than to offer appropriate comments on the proposal.

   B.   Condominium Plat:

      1.   Condominium plats shall be submitted in fifteen (15) blue line or black line copies. The condominium plat shall consist of a drawing or drawings at a scale which accurately depicts all existing conditions and information required, and accompanying material as prescribed by these regulations.

      2.   The condominium plat size and format shall be presented on a sheet or sheets twenty four inches (24") wide by thirty six inches (36") long within which borders that are one and one-half inches (11/2") on the left side and one-half inch (1/2") on the remaining sides. Where necessary, the condominium plat may be more than one sheet, provided that each sheet is numbered and the total number of sheets comprising the plat shall be stated on each sheet (for example: Sheet 1 of 2). The face of the drawing or drawings shall contain the following information:

         a.   The name of the condominium at the top of the sheet. The name shall not duplicate or too closely resemble the name of any condominium or subdivision previously developed in the town.

         b.   Date of preparation, scale and north arrow. The top of each sheet shall represent north wherever possible.

         c.   A vicinity map drawn at a scale of one inch equals one thousand feet (1" = 1,000') or one inch equals two thousand feet (1" = 2,000'), showing the location of the proposed condominium in the town.

         d.   A legal description of the property.

         e.   A description of all monuments, both found and set, which mark the boundary of the property, and a description of all control monuments used in the survey, also to include two (2) ties to a public land survey corner.

         f.   Identification of all common areas.

         g.   Horizontal unit boundaries with bearings and distances.

         h.   The location and dimension of horizontal and vertical building sections, existing and proposed, in sufficient detail to legally describe air spaces.

         i.   Units logically and consecutively numbered.

         j.   The location and dimension of existing and proposed improvements, including decks, walkways and other accessory structures.

         k.   Names of adjoining streets.

         l.   The location and dimension of all easements of record.

         m.   A notarized certificate by all parties having any titled interest in or lien upon the land and improvements, consenting to the recording of the plat. The certificate shall read:

         n.   Certificate of a registered land surveyor as follows:

         o.   Certificate of review of the town engineer as follows:

         p.   Certificate of approval by the town of Wright planning commission as follows:

         q.   Certificate of approval by the town council of the town of Wright as follows:

      3.   The following supporting materials shall be submitted with the condominium plat:

         a.   A completed condominium plat checklist on standard forms provided.

         b.   A completed condominium plat application on forms provided.

         c.   In the case of condominium conversions, the developer shall submit copies of letters to the tenants of the building notifying them of the proposed conversion.

         d.   The names and mailing addresses of all property owners within one hundred feet (100') (excluding public rights of way) of the exterior boundaries of the condominium property.

         e.   A draft of proposed private easement descriptions for utilities serving the condominium development.

         f.   A draft of the proposed condominium declaration submitted for planning commission review and comment, but not for any formal approval.

      4.   The condominium plat and all required supporting materials must be submitted to the building official at least twenty (20) days prior to planning commission consideration. Within three (3) days, copies of the plat will be transmitted to appropriate agencies and officials for their review and comment.

      5.   Agencies receiving referral copies of the condominium plat should return written comments on the plat to the building official within five (5) working days after receipt of the plat.

      6.   Upon receipt of all agency comments, or at the end of the five (5) day period, the building official will summarize the agency comments, add written comments and recommendations from himself/herself, and present the material and recommendations to the planning commission for its consideration.

      7.   At least twenty (20) days prior to the date of the planning commission meeting at which the plat is to be considered, the building official shall, from information provided by the developer as a part of his condominium plat submittal, notify property owners within one hundred feet (100') (excluding public rights of way) of the exterior boundaries of the proposed condominium of the time, date and place of the meeting. The building official at this time shall also cause to effect a notice of public hearing.

      8.   The developer and all other interested or affected parties shall be allowed to offer comments on the condominium plat at the planning commission meeting. After due deliberation, the planning commission shall either approve or disapprove the condominium plat and so notify the developer in writing within ten (10) days after the date of the meeting at which final action was taken. The planning commission shall specify conditions under which the plat may gain approval.

      9.   If the developer contends that conditions of approval attached by the planning commission are of such a nature as to make development of his land impractical, or if the developer contends that disapproval of his condominium plat by the planning commission was a wrongful decision, he may, in writing, request a hearing before the town of Wright board of adjustment and proceed according to the provisions of subsection 11-12-6B of this chapter.

      10.   Within a reasonable time after receiving the recommendations of the planning commission along with the condominium plat and accompanying materials, the town council shall either approve the plat or disapprove the plat and notify the developer of the conditions to be met to gain approval.

      11.   Upon approval by the town council of the condominium plat the developer shall be notified to submit the duly approved and executed condominium plat and the payment for recording to the building official to be submitted to the county clerk and recorder for the filing of the condominium plat among the official records of the county.

   C.   Corrected Plats:

      1.   If, after approval and recording of a condominium plat, errors are found in the language or numbers on the recorded plat, the developer shall file a properly signed, corrected or revised original Mylar with the building official. The plat shall be noted "CORRECTED PLAT" under the name of the condominium. Notations shall be made on the face of the plat listing all corrections made and the book and page numbers where the original plat was recorded. The building official shall review the plat for correction, secure the signatures of the proper public officials on the corrected plat and present the plat to the town council for the reaffirmation of their approval and to the county clerk for recording. The recording of the corrected plat shall void the incorrect original plat, and the county clerk shall note "VOID" across the face of the incorrect plat. (Ord. 2008-07, 10-27-2008)

   A.   Recording Fee: As determined by the county clerk. To be submitted to the building official after approval of the condominium plat and made payable to the Campbell County clerk. (Ord. 2008-07, 10-27-2008)

All condominium structures and condominium conversions must comply with the following regulations:

   A.   International Building Code: All applicable provisions of the international building code for new condominium and multiple- family construction shall be complied with. In the case of condominium conversions, the developer shall be required to comply with all applicable provisions of the international building code only where the future owner of a proposed condominium unit would have separate ownership of the land under this unit.

   B.   Zoning Code: A letter of zoning compliance shall be obtained from the building official prior to construction of a condominium or prior to a condominium conversion. All applicable provisions of the zoning code shall be complied with in the case of new construction; however, only the off street parking, landscaping, additional storage and screening requirements of this chapter shall be complied with in the case of condominium conversions.

   C.   Utilities: Each unit shall have separate, independently metered utilities as to maintain the individual air space. In the case of a conversion to a condominium, where a single metered utility supplies multiple units, an association shall be formed and approved by the town attorney and the person or party responsible for paying utility bills for an entire building is designated.

   D.   Storage: Each condominium unit shall have a minimum of two hundred (200) square feet of additional area for storage and be listed under the limited common elements.

   E.   Off Street Parking: Each condominium shall have two (2) designated parking spaces per unit and as a whole, two (2) parking spaces for every three (3) units for additional parking needs.

   F.   Screenings: Screening devices such as fences, shrubs and other landscaping materials shall be used to "hide" or blend items into the development which may be considered "unsightly" when viewed from areas deemed as "public" (rights of way, sidewalks, streets, parking areas, etc.). (Ord. 2008-07, 10-27-2008)

Any provision of these regulations may be amended from time to time by the town council, only after any such amendment has been reviewed by the planning commission and its recommendation received. (Ord. 2008-07, 10-27-2008)

No condominium plat shall be approved unless it conforms to the provisions contained in these regulations. Whenever there is a discrepancy between the requirements of these regulations and any other official town regulations, the most restrictive shall apply. (Ord. 2008-07, 10-27-2008)