Accessibility Statement

Chapter 13 Article 08 Zone District Regulations - 0815

 

13-815 General Building and Performance Requirements.

A. Purpose.

The purpose of this Section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.

B. Screening.

(1) High Density and Manufactured Home Developments.

(a) All R-5 Districts' principal and accessory uses (except signs) which are situated on a parcel which abuts a Residential District other than R-5 or R-6 uses shall be screened from such District by an approved wall or fence not less than six (6) feet in height above the level of the adjacent property at the District boundary. Walls or fences of lesser heights or planting screens may be permitted by the City if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote the use and enjoyment of the properties within the adjacent Residential District, or there is a finding that a screening of the type required by this Ordinance would interfere with the provisions of adequate amounts of light and air to same said properties. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.

(b) Exception. This provision shall not apply when the apartment development is adjacent to an already existing non-residential use (i.e. school, church) in a Residential District. Such exception to the screening requirement shall only be allowed along that property line between the apartment development and the non-residential land use.

(c) Timing of Installation. It shall be the responsibility of the developer of the R-5 or R-6 property requiring screening to install said screening prior to issuance of the Occupancy Permit and/or commencement of the R-5 or R-6 use. Screening shall be installed whether or not the adjacent residential property is developed. (Ord. No. 09-05, 2-3-2009).

(2) Business and Industrial Development.

(a) All principal and accessory uses (except signs) which are situated on a parcel which abuts a Residential District shall be screened from such District by an approved wall or fence not less than six (6) feet in height above the level of the Residential property at the District boundary. Walls or fences of lesser heights or planting screens may be permitted by the City if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote the use and enjoyment of the properties within the adjacent Residential District, or there is a finding that a screening of the type required by this Ordinance would interfere with the provisions of adequate amounts of light and air to same said properties. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site, and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.

(b) Timing of Installation: It shall be the responsibility of the developer of the Business or Industrial property requiring screening to install said screening prior to issuance of the Occupancy Permit and/or commencement of the use. Screening shall be installed whether or not the adjacent residential property is developed. (Ord. No. 09-05, 2-3-2009).

C. Landscaping Requirements.

(1) Generally.

Landscaping requirements as set forth in this Ordinance have been established to encourage quality development within the City; to provide a smooth transition between adjoining properties; to screen service yards, parking lots and other areas which tend to be unsightly; to facilitate the buffering of one land use from other land uses; to encourage harmonious relationships between buildings which are part of one development and among buildings located on abutting properties; to provide open space and recreational areas to serve the needs of the residents of the City; to soften the effect of development; to improve erosion and storm water runoff control; to reduce the particulate matter in the air; to encourage a sense of commitment to the City and its residents on the part of developers; and to provide for the health, safety and general welfare of the residents of the City.

(2) Definition.

Landscaping for purposes of this Ordinance shall be defined as including any or all of the following: lawn or grass areas; trees, shrubs, ground cover or other plantings; decorative rock, natural or manmade; decorative lighting benches, tables, fountains, planters or other similar outdoor furniture; decorative fences; detention and retention ponds; waterfalls and man-made streams. (Ord. No. 09-05, 2-3-2009).

(3) Landscaping Plan.

A landscaping plan shall be submitted in conjunction with any required site plan. Generally, front, corner side, and side yard areas shall be landscaped. All exposed ground areas surrounding or within a principal or accessory use, including street right-of-way, parking lots and sidewalks, shall be landscaped.

Areas of a site allocated to landscaping shall be located on that site in such a way as to provide substantial benefit to the general public as well as to the site itself.

A mixture of organic and inorganic materials may be used for landscaping.

The landscaping plan shall be reviewed and approved by the City Planner, and at the discretion of the City Planner, may be placed before the Planning and Zoning Commission for review and approval.

(4) Minimum Landscaping.

(a) Multi-family (except townhouses), apartment, condominium and business developments: All areas not used for buildings, parking, drives or other impervious materials or used for storage of materials shall be landscaped according to an approved landscape plan. For townhouses, landscaping shall be required only in the front yards, side yards and unpaved rights-of-way.

(b) Industrial Developments: Exempt.

(5) Installation Prior to Occupancy Permit. All landscaping materials and equipment as provided for an approved landscape plan shall be installed prior to the issuance of an occupancy permit, unless a financial guarantee in the amount of 100% of the cost of the materials and labor is submitted to the City. The financial guarantee shall be released upon completion of the required landscaping.

(6) Maintenance.

All landscaped areas shall be kept neat, clean and uncluttered. Landscaped areas shall not be used for parking of vehicles or the storage or display of materials, supplies or merchandise.

D. Dwelling Unit Restrictions.

No cellar, garage, tent, trailer, basement with unfinished structure above, residential storage shed, greenhouse, or portable storage container shall at any time be used as a dwelling unit. The basement portion of a finished home may be used for normal living, eating, and sleeping purposes, provided it is properly damp-proofed and has suitable fire protection and exits. (Amended Ord. 2014-09, 10/7/14)

E. Accessory Buildings, Uses and Equipment.

(1) An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway.

(2) No accessory building shall be erected or located in any front yard. (Ord. No. 89-20, 19-9-89; Ord. No. 92-17, 7-7-92).

(3) Accessory buildings and garages shall not be located within a utility easement. (Ord. No. 89-20, 9-19-89, Ord. No. 09-05, 2-3-2009; Ord. 2011-02, 3-8-11).

(4) No residential accessory building or garage shall exceed 1200 square feet of floor area unless granted a conditional use permit. (Ord. No. 89-20, 9-19-89; Ord. No. 92-17, 7-7-92).

(5) No permit shall be issued for the construction of any number or type of accessory buildings with a maximum total combined square footage of 1200 square feet. If total combined square footage is over 1200 square feet, a conditional use permit shall be required prior to obtaining a building permit. (Ord. No. 01-12, 12/04/01, amended Ord. 2014-09, 10/7/14).

(6) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by Conditional Use Permit.

(7) No accessory building in any District shall exceed the height of the principal building except by Conditional Use Permit. Said permit shall be issued by the Zoning Administrator, with such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood and pursuant to first notifying neighboring properties located within 200 feet.  The adjacent property owner notification shall be made within 5 working days of receipt of a complet application.  Ther permit determination shall be made no sooner than 10 calendar days followng property owner notification and shall include such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood.  The cecision of the Zoning Administrator may be appealed to the Planning & Zoning Commission via written request submitted within 10 working days of the permit determination.(Ord. No. .09-05, 2-3-2009; Ord. 2011-02, 3-8-11).

(8) Residential accessory buildings exceeding 200 square feet in size shall be separated from the principal building by a minimum distance of 6 feet as measured from the building line, and shall be separated from one another by a minimum distance of 6 feet. Non-Residential accessory buildings exceeding 120 square feet in size shall be separated from the principal building by a minimum distance of 6 feet, as measured from the building line, and shall be separated from one another by a minimum distance of 6 feet. (Ord. No. 03-11, 7-1-03, Ord. No. 09-05, 2-3-2009)

(9) Corner yard setbacks may be reduced to 3' for accessory structures not exceeding 200 square feet on corner lots in which a 6 foot fence is installed and permitted in accordance with Section 13-815.F(4)(e) of this ordinance, or in which a legally non-conforming fence is established within the corner yard.

(10) Accessory structures in any District shall not be located in required parking, landscaping, open space, recreation or other required areas except by Conditional Use Permit. (Ord. No. 09-05, 2-3-2009)

F. Fences.

(1) Permit Required. No persons, firm or corporation, except on a farm and related to farming, shall hereafter construct, or cause to be constructed or erected within the City of Rock Springs, any fence without first making an application for and securing a building permit.

(2) Locations. All fences shall be located entirely upon the private property of the persons, firms or corporation constructing, or causing the construction, of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The Zoning Enforcement Officer may require an applicant for a fence permit to establish the boundary lines of his property by a survey thereof to be made by any Registered Land Surveyor.

(3) Construction, Maintenance and Height Measurement.

(a) Construction and Maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance, and the Zoning Enforcement Officer shall commence proper proceedings for the abatement thereof.

Link, or wire, fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top except in industrial districts and shall be constructed of at least eleven (11) gauge or equal.

(b) Measuring Fence Height. The height of any fence shall be calculated to the uppermost point as follows:

1. In required yards abutting a street the height of the fence shall be the total effective height measured from the finished grade on the side nearest the street.

2. In other required yards, the height of the fence shall be the total effective height above the finished grade measured on the side nearest the abutting property.

3. On property lines the height may be measured from the finished grade of either side when the abutting property owners are in joint agreement, with such agreement submitted in writing.

(4) In all parts of Rock Springs zoned residential and not a ranch, no fence shall be erected or maintained more than six (6) feet in height, and also:

(a) The following requirements shall apply to fences and walls constructed within a required residential front yard: 1) fences and walls shall not exceed a height of 3 feet; 2) there shall be no transparency requirements for fences or walls constructed along the side lot line; 3) fences or walls constructed along the front lot line shall be fifty (50%) percent transparent when viewing from a perpendicular angle. (Ord. No. 86-11, 8-5-86).

Note: Generally chain link fences and two-rail fences are seventy to ninety (70-90) percent transparent. (Ord. No. 09-05, 2-3-2009).

(b) Fences, walls, or hedges exceeding the requirements of Section 13-815.F.(4)(a) which are erected in any side yard and which run parallel or approximately parallel to the front line of a building or manufactured home shall not extend beyond the front line of the building or manufactured home. (Ord. No. 87-28, 12-1-87).

(c) On corner lots in all districts, no fence or planting in excess of thirty (30) inches above the street center line grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curbing lines of two intersecting streets, thence forty (40) feet along one curb line, thence diagonally to a point forty (40) feet from the point of beginning on the other curb line, thence to the point of beginning.

(d) In those instances where a fence is erected as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section, or other such means of recognizable ingress shall be unobstructed and a minimum of three (3) feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure.

(e) In corner side yards, fences up to six (6) feet in height may be permitted provided that no fence may be built in a corner side yard that is adjacent to a neighboring front yard unless it meets the front yard fencing requirements of Section 13-815.F.(4)(a) and (b). (Ord. No. 87-28, 12-1-87).

(5) Business and Industrial District Fences. Fences in all Commercial and Industrial Districts shall not exceed ten (10) feet in height except that Boundary Line Fences abutting Residential Districts shall not be greater than six (6) feet in height. Barbed wire fences shall be permitted in Business and Industrial Districts. (Ord. No. 89-20, 9-19-89).

(6) Special Purpose Fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City of Rock Springs by issuance of Conditional Use Permit approved by the Zoning Administrator, pursuant to first notifying property owners located within 200' of the Special Purpose Fence property and making findings that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended.  The Zoning Administrator shall notify adjacent property owners within 5 working days of receipt of a complete application.   The determination of the Zoning Administrator shall be made no sooner than 10 calendar days following notification of adjacent property owners, said decision may be appealed to the P&Z Commission by letter filed within 10 working days of the permit determination. (Ord. 2011-02, 3-8-11)

(7) In all districts, any fence so constructed as to have only one "finished side," which shall be defined as not having its supporting members significantly visible, shall be erected such that the "finished side" of the fence is exposed to the adjacent property, with the exception of the following situations:

(a) Where adjoining lots share a common side lot line, the "finished side" requirement shall be waived along the common side lot line between the front building line and the rear lot line.

(b) Where adjoining lots share a common rear lot line, the "finished side" requirement shall be waived along the entire length of the common rear lot line.

(c) Where corner lots share a common side or rear lot line with adjoining lots, the "finished side" requirement shall be waived along the common side and rear lot lines but not to extend past the building lines of the adjacent interior lots. (Ord. No. 90-11, 1-15-91).

G. Retaining Walls.

(1) Locations. All retaining walls shall be located entirely upon the private property of the persons, firms or corporation constructing, or causing the construction of, such retaining wall unless the owner of the property adjoining agrees, in writing, that such retaining wall may be erected on the division line of the respective properties. The Zoning Administrator may require an applicant for a retaining wall permit to establish the boundary lines of his property by a survey thereof to be made by any Registered Land Surveyor. (Ord. No. 89-20, 9-19-89; Ord. 2012-01, 3/20/12).

(2) Permit Required.  No person shall erect a retaining wall without first obtaining a Zoning or Building Permit, dependent upon height of the wall (see section 13-908.A.(2), from the city of Rock Springs.  (Ord. 2012-01, 3/20/12)
 
(3) Construction and Maintenance. Every retaining wall shall be constructed in conformance with applicable Building Codes in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the retaining wall is proposed to be used. Every retaining wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such retaining wall which is, or has become, dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Enforcement Officer shall commence proper proceedings for the abatement thereof. (Ord. No. 89-20, 9-19-89).

(4) Maintenance Easements. In any instance where a retaining wall is constructed within four (4) feet of a rear or interior side lot line, using materials other than concrete or masonry, the property owner shall be required to obtain an easement from the adjoining land owner allowing access for maintenance of the retaining wall. Such easement shall be presented to the Zoning Enforcement Officer for his inspection prior to issuance of the necessary, building permit showing proof of recordation with the County Clerk. (Ord. No. 89-20, 9-19-89).

H. Setback and Height Encroachments, Limitations and Exceptions

The following shall be considered as permitted encroachments on setback and height requirements except as hereinafter provided:

(1) In Any Yards

(a) In Any Yards The Following Are Permitted With No Required Setback From Property Lines:

Posts, driveways and parking areas, sidewalks and steps on grade, flag poles, ornamental features, signs, fire escapes, fences, yard lights and nameplate signs in residential districts, trees, shrubs, plants, flood lights or loading areas or authorized illuminated signs.

(b) In Any Yards The Following Are Permitted With A Minimum Setback Of Three (3) Feet From Property Lines:

Eaves, gutters, awnings.

(2) In Front Yards:

(a) In Front Yards The Following May Project No More Than Ten (10) Feet Into The Required Front Yard Setback:

Uncovered porches or decks not to extend above the height of the ground floor of the principal structure.

(3) In Side and Rear Yards:

(a) In Interior Side and Rear Yards, The Following Are Permitted With No Required Setback From Property Lines:

Recreational equipment and picnic tables, apparatus needed for the operation of active and passive solar energy systems.

(b) In Interior Side Yards And Rear Yards The Following Are Permitted With A Minimum Setback of Three (3) Feet From Property Lines:

Accessory utility or storage structures, detached garages.

(c) In Side Yards, Chimneys May Project Two Feet Provided The Width Of Any Side Yard Is Not Reduced To Less Than Four Feet.

(d) In Interior Side Yards And Rear Yards The Following Are Permitted With A Minimum Setback of Five Feet From Property Lines:

Balconies or uncovered decks above grade.

(e) In Interior Side Yards, attached or detached carports are permitted with a minimum setback of three (3) feet from the property line, with roof height not to exceed height of the house and designed to drain away from the adjacent property.

(f) In Corner Side Yards, attached carports are permitted only by Conditional Use Permit approval, with roof height not to exceed the height of the house, and designed to drain away from the adjacent property.

(4) In Rear Yards The Following Are Permitted With A Minimum Setback Of Three Feet From Property Lines:

Accessory utility or storage structures, detached garages.

(5) Height: Height limitations shall not apply to barns, silos, and other structures on ranches; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; transmission towers of commercial and private radio broadcasting stations; television antennae; parapet walls extending no more than four (4) feet above the limiting height of the building except as hereinafter provided; and solar energy collectors and equipment used for the mounting or operation of such collectors. (Ord. No. 87-28, 12-1-87; Ord. No. 92-17, 7-7-92).

I. Off-Street Parking Requirements.

(1) General Provisions.

(a) Floor Area. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior area dimensions of the building, structure or use times the number of floors, minus ten (10) percent, except as may hereinafter be provided or modified.

(b) Non-Conforming Structures. Should a non-conforming structure or use be damaged or destroyed, it may be re-established except that in doing so, any off-street parking or loading space which existed before shall be retained and expanded as necessary to comply with standards herein and subject to the requirements of Section 13-815.P.

(c) Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking shall not be permitted until there are furnished such additional parking spaces as required by this Ordinance.

(d) Parking Accessory to a Residential Use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one (1) truck not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to a residential structure be used for storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments.

(Amended Ord. 2011-11, 11/1/11)
 
(2) Stall, Aisle and Driveway Design.

(a) Parking Dimensions. The following shall be the minimum parking space dimensions:

                                 Aisle
Angle Width* Length Width

90 degrees 9' 20' 25'**

60 degrees 9' 20' 20'

45 degrees 9' 20' 15'***

*As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the stall.

**Minimum drive aisle width for 2-way traffic = 25', unless needed for a Fire Lane, in which case the minimum width is 26 feet.
***Except where needed as a fire lane in which case a 20' minimum is required.
(Ord. 2011-02, 3-8-11)

(b) Within Structures. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are made, no building permit shall be used to convert said parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance.

(c) Circulation Between Bays. Except in the case of single, two-family, townhouse, three-family and four-family dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, townhouse, three-family and four-family dwellings, parking area design which requires backing into the public street is prohibited.

(d) Preserving Off-Site Parking. When required accessory off-street parking facilities are provided elsewhere than on the lot with the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, the owner of the principal use shall file a recordable document with the City and County Clerk requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.

(e) Driveways Required. All off-street parking spaces shall have access from driveways and not directly from the public street.

(f) Distance from Intersection. No access point (measured to the center of the driveway) shall be located less than 25 feet (Residential District), 100 feet (Business District), or 100 feet (Industrial District) from the intersection of two public street right-of-way. These conditions shall apply unless granted conditional use permit approval by the Planning and Zoning Commission. (Ord. No. 89-17, 8-15-89).

(g) Parallel parking spaces shall be a minimum of twenty-two (22) feet in length and nine (9) feet wide. (Ord. 2011-02, 3-8-11).

(h) Driveway Access: All driveway accesses shall be approved by the City Engineer for width and location. (Ord. No. 87-28, 12-1-87).

(i) Distance Between Driveway Accesses: Driveway access openings on a public street except for single, two family and townhouse dwellings shall not be located less than forty (40) feet from one another as measured from inside of drive to inside of drive. (Ord. No. 87-28, 12-1-87).

(j) Number of Driveway Accesses: Each property other than for single-family use shall be allowed one (1) driveway access for each one hundred (100) feet of street frontage. Single-family uses shall be allowed more than one (1) driveway access, but in no case shall more than sixty-five (65%) percent of the public street frontage adjoining a lot be used for driveway access and at least one on-street parking space twenty (20) feet in length shall be preserved. These conditions shall apply unless otherwise granted conditional use permit approval by the Zoning Administrator, with such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood and pursuant to first notifying neighboring properties located within 200 feet. The adjacent property owner notification shall be made within 5 working days of receipt of a complete application.  The permit determination shall be made no sooner than 10 calendar days following property owner notification and shall include such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood.  The decision of the Zoning Administrator may be appealed to the Planning and Zoning Commission via written request submitted within 10 working days of the permit determination. (Ord. No. 87-28, 12-1-87, revised Ord. 2015-07, 10-20-15).

(k) Grade. The grade elevation of any parking area shall not exceed three (3%) percent.

(1) Surfacing. All required parking spaces, as established in this section, and associated driveways and drive aisles shall be paved with asphalt, concrete, or asphaltic concrete.  Plans for paving and drainage of driveways and stalls for five or more vehicles shall be submitted to the Zoning Administrator for review by staff.  In Residential Zoning Districts (R-E, R-1, R-3 and R-6), auxiliary driveways and parking areas, beyond thosde leading to an attached garage and exceeding the minimum required by §13-815.I.(5)(a), shall be permitted to have gravel, crushed asphalt or other surfacing material, provided, however, they do not lead to a detached garage.  All driveways leading to a detached garage shall be paved with asphalt, concrete, or asphaltic concrete up to the fence line separating the front yard from the back yard, or, in the case where no fence is present, to the building line for the dwelling unit.  Paver strips may be used to meet this requirement.  Ranch operations shall also have driveway surfacing, as approved by the Director of Engineering and Operations.
 
In Industrial and B-2 Zoning Districts, excess parking spaces (beyond those required by Ordinance), auxiliary driveways, and equipment storage areas may be covered by gravel or ground asphalt in accordance with specifications provided by the Zoning Administrator, pursuant to first obtaining a Conditional Use Permit from said Zoning Administrator for Industrial Zone Districts, and for B-2 Zone Districts obtaining a Conditional Use Permit from the Planning and Zoning Commission.  The Zoning Administrator shall notify property owners located within 200 feet of the property proposed for unpaved surfacing within 5 business days following receipt of a complete application.  The Zoning Administrator's determination shall be made no sooner than 10 calendar days following adjacent property owner notification.  The Administrator shall attach such conditions as deemed necessary to protect the health, safety, and welfare of the community to the conditional use permit.  The decision of the Zoning Administrator may be appealed to the Planning & Zoning Commission by written request filed within 10 working days of the permit determination. (Ord. No. 8920, 9-19-89; Ord. 2011-02, 3-8-11; Amended Ord. 2011-11, 11/1/11; Amended Ord. 2018-06, 5/1/18).

(m) Striping. Except for townhouses and single-, two-, three- and four-family dwellings, all parking stalls shall be marked with painted lines not less than four (4) inches wide.

(n) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with this Ordinance.

(o) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signs shall conform to 13-818 of this Ordinance.  (Amended Ord. 2012-06, 6/5/12)

(p) Curbing. Except for townhouses and single-, two-, three-, and four-family dwellings, all open off-street parking areas and driveways shall have a perimeter concrete curb and gutter around the entire parking lot according to standards provided by the Director of Engineering and Operations.

(q) Protruding Vehicles. All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines.

(3) Maintenance.

All required parking areas, as well as fire apparatus access roads, shall be maintained in an adequate manner, to include reasonable maintenance of surfacing materials and striping.  Should reconfiguration of an existing parking area be proposed, a site plan shall be submitted and approved by the Zoning Administrator.  (Ord. 2012-01, 3/20/12)
 
(4) Use of Required Area.

Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles without a Conditional Use Permit.

(5) Number of Spaces Required.

The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:

(a) Single-family, two-family, townhouse, three-family and four-family dwellings: Two off-street spaces per unit. Multiple Family Dwellings:

Size of Unit Space Required

1 bedroom 1.5

2 bedrooms 2.0

3+ bedrooms 2.25

Parking spaces provided by either attached garages, detached garages, or covered carports shall apply toward the required parking for two-family, three-family, four-family, townhouse, and multiple-family dwellings.

(Ord. No. 86-11,8-5-86, Ord. No. 09-05, 2-3-2009).

(b) Motels, Motor Hotels, Hotels: One space per each rental unit plus one space for each ten (10) units and one additional space for each employee on any shift, plus additional spaces as may be required herein for related uses contained within the principal structure.

(c) Church, Theater, Auditorium: At least one parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance.

(d) Sanitariums, Convalescent Home, Rest Home, Nursing Home or Day Nurseries: Four (4) spaces plus one (1) for each three (3) beds for which accommodations are offered plus one (1) space for each employee on shift of greatest employment.

(e) Elderly (Senior Citizens) Housing: Reservation of area equal to one (1) parking space per unit. Initial development is, however, required of only one-half (1/2) space per unit and said number of spaces can continue until such time as the City considers that a need for additional parking spaces has been demonstrated.

(f) Convenience Food Restaurant: At least one (1) parking space for each two (2) seats or the number of spaces required by the Planning and Zoning Commission.

(g) Bowling Alley: At least 2.5 parking spaces for each lane, plus additional spaces as may be required herein for related uses contained within the principal structure. (Ord. 2011-02, 3-8-11)

(h) Motor Fuel Station: At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance.

(i) Retail Store and Service Establishment: At least one (1) off-street parking space for each two hundred fifty (250) square feet of floor area.

(j) Manufacturing, Fabricating or Processing of a Product or Material: One (1) space for each three hundred fifty (350) square feet of floor area, plus one (1) space for each company owned truck (if not stored inside principal building).

(k) Warehousing, Storage or Handling of Bulk Goods: That space which is solely used as office shall comply with the office use requirements and one space per each one thousand (1,000) square feet of floor area, plus one (1) space for each employee on maximum shift and one (1) space for each company owned track (if not stored inside principal building).

(l) Automobile Washing Establishment (in addition to required stacking space):

(a) Automatic Drive Through, Serviced: A minimum of three (3) spaces, or one (1) space for each employee on the maximum shift, whichever is greater.

(b) Self-Service: A minimum of two (2) spaces per stall.

(c) Automobile Service Station Car Wash: None in addition to that required for the station.

(m) Private Racquetball, Handball, and Tennis Courts: Not less than three (3) spaces per each court.

(n) Offices: (except medical and dental):

Gross Square Feet Spaces per 1,000

Of Floor Area Sq. Ft. of Floor Area

0 to 5,000 4 (minimum of 4)

5,000 to 20,000 3

Over 20,000 .75

(o) Healthcare:

     (1) Medical, Dental, or Health Clinic, Medical Center, or Hospital: 1.5 spaces per 1,000 square feet of floor area.

     (2) Medical and Dental Offices:  3.6 spaces per 1,000 square feet of floor area. (Ord. 2011-02, 3-8-11; Amended Ord. 2014-01, 2/4/14; Amended Ord. 2014-11)

(p) Restaurants, Taverns: One (1) space for each three (3) seats plus one (1) for each two (2) employees.

(q) Schools, Public and Private:

(1) Elementary and junior high: One and one-half (1 1/2) parking spaces for each classroom, library, lecture hall and cafeteria, plus one (1) additional parking space for each three (3) fixed seats in the auditorium, gymnasium or other place of public assembly or one (1) parking space for every twenty-one (21) square feet of area available for public assembly where no fixed seats are provided.

(2) Senior high school: One (1) parking space for every two (2) students, based upon design student capacity, plus one (1) parking space for every two hundred fifty (250) square feet of office space.  On sites with auditoriums or outdoor stadiums, provide an additional forty-five percent (45%) of the design student capacity. (Amended Ord. 2015-08, 1/5/16)
 
(3) Junior college or university:  One and one-half (1 1/2) parking spaces for each classroom, laboratory, or lecture hall, plus one (1) additional parking space for each four (4) students that the school is designed to accommodate, plus one (1) additional parking space for each employee or staff member.  (Ordinance 2010-01, 3-13-2010)
 
(4) Dormitory:  Three (3) parking spaces for each five (5) occupants if a joint use of parking facilities is provided, subject to the provisions of S13-815.I(6) of this Oridnance; or, four (4) parking spaces for each five (5) occupants.  (Ordinance 2010-01, 3-13-10)
 
(r) Uses in B-3 District: Parking requirements in any B-3 District shall be determined by the City in conjunction with the site plan review and shall be established in light of parking availability on and near the property and its potential impact on traffic circulation and parking on facilities within the area.
 
(s) Galleries, educational or interpretive centers, museums, and visitor centers:  At least one (1) off-street parking space for each five hundred (500) square feet of exhibition area, plus a minimum of one (1) off-street bus parking space.  (Ordinance 2010-01, 3-13-2010)
 
(t) Restaurant, Delivery/Carry Out only:  One (1) space for each employee on maximum shift, plus one space per company-owned delivery vehicle, plus 3 customer parking spaces.  Minimum spaces = 8. (Ord. 2012-01, 3/20/12)
 
(u) Public Parks:  Four (4) spaces per acre of active recreation. (Ord. 2012-01, 3/20/12)
 
(v) Shopping centers:  One (1) space per 300 square feet of Gross Floor Area.  No floor area reduction, as allowed under the provisions of §13-815.I.(1)(a), shall be permitted.  (Ord. 2012-01, 3/20/12)

(6) Joint Use of Parking Facilities.

(a) Up to eighty (80%) percent of the parking facilities required by this Subsection for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities by the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

(b) Conditions Required for Joint Use.

(1) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities.

(2) The applicant shall show that there is no substantial conflict in the operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed.

(3) A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Register of Deeds, Sweetwater County.

(7) Off-Site Parking.

(a) Any off-site parking which is used to meet the requirements of this Ordinance shall be a conditional use as regulated by this Ordinance and shall be subject to the conditions listed below.

(b) Off-site parking shall be developed and maintained in compliance with all requirements and standards of this Ordinance.

(c) Reasonable access from off-site parking facilities to the use being served shall be provided.

(d) The site used for meeting the off-site parking requirements of this Ordinance shall be under the same ownership as the principal use being served or under public ownership.

(e) Off-site parking for multiple family dwellings shall not be located more than two hundred (200) feet from any normally used entrance of the principal use served.

(f) Off-site parking for non-residential uses shall not be located more than three hundred (300) feet from the main entrance of the principal use being used.

(g) Any use which depends upon off-site parking to meet the requirements of this Ordinance shall maintain ownership and parking utilization of the off-site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

(8) Installation Prior to Occupancy Permit.

(a) All required parking improvements specified within Section 13-815.I. of the Rock Springs City Ordinances and in accordance with the approved site plan shall be installed prior to the issuance of an Occupancy Permit, unless a financial guarantee in the amount of 150% of the cost of the materials and labor is submitted to the City. Attached to the financial guarantee shall be a notarized statement, on a form provided by the City Planner, specifying the completion date as mutually agreed upon by the developer and the City Planner, not to exceed one year. Should the developer fail to install the required improvements within the specified timeframe, the City may use the financial guarantee to cause the work to be performed. (Ord. No. 09-05, 2-3-2009).

J. Off-Street Loading.

(1) Location.

(a) All required loading berths shall be off-street and located on the same lot as the building or use to be served.

(b) Except for loading berths required for apartments, no loading berths shall be located closer than fifty (50) feet from a residential district unless within a structure.

(c) Loading berths shall not be located within the minimum front yard building setback.

(d) Loading berths located at the front or at the side of buildings on a corner lot shall observe the following requirements:

(1) Loading berths shall not conflict with pedestrian movement.

(2) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

(3) Loading berths shall comply with all other requirements of this Section.

(2) Screening.

Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding residential uses.

(3) Size.

Unless otherwise specified in these zoning regulations the first loading berth shall be not less than seventy (70) feet in length and additional berths required shall be not less than thirty (30) feet in length and all loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space.

K. Ranching Operations.

All ranches in existence upon the effective date of this Ordinance shall be Permitted Uses where the operator can conduct a ranching operation. However, all regulations contained herein and other Rock Springs' Ordinances in effect, shall apply to all changes of the ranching operation which will cause all or part of the area to become more intensively used or more urban in character. Setback and other regulations shall apply to ranching operations just as they do to urban developments. Any structure exceeding Five Hundred ($500.00) Dollars in value erected on a ranch shall require a building permit and conform to all requirements of the Uniform Building Code. Planning and Zoning Commission may require any ranch operation to secure a Conditional Use Permit to continue said operations in the event the ranching operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal ranching operation.

L. Land Reclamation, Mining and Soil Processing.

Land reclamation, mining and soil processing, as defined herein, shall require the issuance of a Conditional Use Permit for each project. Said permit shall require prior consultation of the Director of Engineering and Operations and shall be issued by the Zoning Administrator, with such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood and pursuant to first notifying neighboring properties located within 200 feet.  The adjacent property owner notification shall be made within 5 working days of receipt of a complete applicaiton.  The permit determination shall be made no sooner than 10 calendar days following adjacent property owner notificaiton.  The decision of the Zoning Administrator may be appealed to the Planning & Zoning Commission via written request submitted within 10 working days of the permit determination. (Ord. 2011-02, 3-8-11)

(1) Land Reclamation.

Any permit issued for land reclamation shall include as a condition thereof, a finished grade plan which will not adversely affect the adjacent land and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, and for control of material disbursed from wind, water, hauling of material to or from the site.

(2) Mining.

Any permit issued for mining shall include as a condition thereof a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted and the route of tracks moving to and from the site.

(3) Soil Processing.

Any permit issued for soil processing shall include as a condition thereof, a site plan where the processing is to be done showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, and the control of wind or water erosion. Such permit shall be granted for a specified period.

M. This section reserved.  See 13-818 for Sign Regulations.  (Amended Ord. 2012-06, 6/5/12)

N. Home Occupations.

(1) Purpose.

The purpose of this section is to:

(a) Protect residential areas from adverse impacts of activities associated with home occupations.

(b) Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementation of personal and family income.

(c) Establish criteria and standards for home occupations.

(2) Definitions.

(a) Home Occupation or Profession:  Any use conducted entirely within a dwelling and carried on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which meets the requirements of this ordinance.  (amended Ord. 2013-03, 4/15/14)

(b) Dwelling: a building or portion thereof used for residential occupancy, including one-family, two-family and multiple dwellings, but not including hotels, motels, or tourist homes.

(3) General Conditions. All home occupations shall be conditionally permitted uses of the residential dwelling which shall comply with all of the following conditions at all times.

(a) A home occupation shall be incidental to the use of a dwelling unit for residential purposes. No more than five hundred (500) square feet of floor area may be used in connection with a home occupation or for storage purposes in connection with home occupations. Floor area shall include area within a dwelling unit or within accessory buildings.

(b) Sales transactions which do not involve delivery on the premises of a home occupation are permitted. Sales which involve the transfer of goods on the premises are permitted to only one customer per calendar day.

(c) A home occupation shall not be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

(d) There shall be no exterior storage of materials to be used in conjunction with a home occupation.

(e) The home occupation shall not increase vehicular flow and parking by more than one (1) vehicle at a time except for the purposes of conducting gatherings pursuant to Section (k).

(f) A home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors, heat, fire hazard, or any other hazard or nuisance.

(g) A home occupation shall not use or generate toxic, explosive, flammable, combustible, corrosive, or radioactive materials.

(h) A home occupation shall have no advertising signs on the premises which are visible from the street or adjacent properties.

(i) There shall be no alteration of the residential appearance of the premises for the home occupation.

(j) A home occupation shall have no more than ten (10) customers daily entering the premises.

(k) Use of the dwelling as a gathering place for the purpose of taking orders for the sale of merchandise shall be held no more often than four (4) times per month and shall not increase vehicular flow and parking by more than ten (10) vehicles at any gathering.

(l) There shall be no display of products visible in any manner from the outside of the dwelling.
 
(m) Home occupation conditional use permits shall not be issued for a use listed as a conditional use in any of the zoning districts established in the City of Rock Springs.  Family child care homes and bed & breakfast inns shall be exempt from this section.  (Ord. 2011-02, 3-8-11)

(4) Home Occuption Conditional Use Permit Required.

(a) All persons conducting home occupations shall be required to apply for and receive a Home Occupation Conditional Use Permit prior to commencing any activities related to the home occupation.

(b) Applications for Home Occupations Conditional Use Permit shall be made to the City Planner who shall ensure that the applicant understands that compliance with the General Conditions set forth in subsection 2 are conditions upon which the permit is issued and that a violation of any such condition may subject the permittee to revocation of the Home Occupation Conditional Use Permit.

(c) In the event the City Planner deems it to be necessary and appropriate, he may place additional reasonable conditions in the Home Occupation Conditional Use Permit.

(5) Revocation of Home Occupation Conditional Use Permit.

(a) The City Planner may modify or revoke the Home Occupation Conditional Use Permit of any person on the grounds of noncompliance with the General Conditions set forth in subsection 2, or upon noncompliance with any additional conditions imposed by the City Planner.

(6) Review of City Planner's Decision.

(a) The City Planner's decision of imposing additional conditions upon the applicant for a Home Occupation Conditional Use Permit may be appealed to the Planning and Zoning Commission. An applicant for a Home Occupation Conditional Use Permit may commence an appeal to the Planning and Zoning Commission by filing a Notice of Appeal to the Planning and Zoning Commission within ten (10) days of the City Planner's decision. Said Notice of Appeal shall contain a written statement of the decision of the City Planner and a concise statement of the reasons for the appeal. The applicant may appeal the additional conditions imposed by the City Planner, but the applicant may not appeal the General Conditions set forth in Section 3.

(b) The Planning and Zoning Commission may uphold, rescind, or modify the decision of the City Planner. The Planning and Zoning Commission may modify a decision of the City Planner by imposing fewer conditions or adding other conditions to the Home Occupation Conditional Use Permit.

(c) The City Planner's decision to revoke the Home Occupation Conditional Use Permit may be appealed to the Planning and Zoning Commission. The holder of a Home Occupation Conditional Use Permit which has been revoked may commence an appeal as set forth in Section 6(a).

(7) The following home occupations are prohibited:

Automobile, truck, motorcycle or other vehicle repair, including body and engine repair

Any business involving on-site or adjacent street storage or parking of tractor trailers, semi-trucks, general construction equipment or heavy equipment

Beauty salons and Barber Shops (Multiple chairs)

Body art, body piercing, tattoo art

Contractor businesses involving employees reporting to the home for work purposes, unless employees are living in the same household.

Contractor businesses involving the use or storage of industrial vehicles, industrial equipment, industrial materials, or heavy machinery including earth moving, road building, and excavation machinery.

Contractor businesses involving the exteriof storage of materials, equipment, or supplies.

Exterminator

Health salons, gyms, dance studios, aerobic exercise studios (multiple clients)

Massage therapy (multiple clients/ therapists)

Medical, dental or chiropractic offices

Nail salons (multiple chairs/clients)

Painting of machine parts or equipment

Painting of vehicles, trailers, or boats

Private clubs
 
Real Estate Broker, unless a sole propietor or in affiliation with another household member.  No other licensed agend or associate broker is allowed unless living in the household.  (Ord. 2011-02, 3-8-11)

Restaurants and taverns

Retail sale from site other than catalog sales or sales incidental to services provided

Sales of autos, trucks, motorcycles or othertorcycles or other vehicles

Sexually oriented businesses

Taxi services (multiple drivers/cars)
 
Towing (Ord. 2012-01, 3/20/12)

Veterinary uses (including care, or boarding)

Welding or machine shops

(Ord. No. 93-14, 8-17-93; Ord. No. 2002-02, 5-7-2002, Ord. 09-05, 2-3-2009; Ord. 2015-03, 5-5-15).

(7) Enforcement.

The following activities are prohibited:

(a) Conducting any home occupation without a valid Home Occupation Conditional Use Permit.

(b) Failure to comply with any of the conditions of a Home Occupation Conditional Use Permit.

(c) It shall be unlawful for any person to violate the provisions of this section. A violation of this section shall be a misdemeanor.

(d) Notwithstanding Section 8(c), the City of Rock Springs may require a violator of Section 8 to correct or remedy the violation by obtaining an injunction from a Court of proper jurisdiction. (Ord. No. 93-08, 7-6-93).

O. Miscellaneous Performance Requirements.
 
(1) Glare and Lighting.

(a) Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cause light on a public street, other than lights specifically intended for that purpose, shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candles (meter reading) as measured from said property.

(b) No light which is flashing, revolving, or otherwise resembles a traffic control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic.

(2) Surface Water Ponding.

Natural impoundment shall be retained as much as possible or, if necessary, enlarged or modified as directed by the City Engineer to reduce the off-site runoff.

(3) Storage; Exterior Displays.

All materials, supplies, merchandise or other similar matter not on display or direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a one hundred (100%) percent opaque wall or fence not less than six (6) feet tall. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building in any B-2 District, but the area shall not constitute a greater number of square feet than ten (10%) percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. All display areas shall be located on private property and are not to be extended into the public right-of-way. No storage of any type shall be permitted within the one-half (1/2) of the required front or side street setback nearest the street nor within 10 feet of any interior side or rear property line.

(4) Trash and Garbage Incinerators; Storage.

No exterior incineration of trash or garbage is permissible. No exterior storage of trash or garbage is permissible except in an accessory building enclosed by walls and roof or in closed containers within a totally screened area.

(5) Smoke.

The emission of smoke by any use shall be in compliance with and regulated by the Wyoming Department of Environmental Quality (DEQ).

(6) Dust and Other Particulated Matter. The emission of dust, fly ash or their particulated matter by any use shall be in compliance with and regulated by Wyoming DEQ.

(7) Odors.

The emission of odors by any use shall be in compliance with and regulated by Wyoming DEQ.

(8) Noise.

Noises emanating from any use shall be in compliance with and regulated by Wyoming DEQ.

(9) Bulk Storage (Liquid).

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of Wyoming DEQ.

(10) Radiation Emission.

All activities that emit radioactivity shall comply with the minimum requirements of Wyoming DEQ.

(11) Electrical Emission.

All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

(12) Public Street Frontage.

Except as otherwise allowed or required by this Ordinance, no lot shall contain any building unless such lot abuts for at least fifty (50) feet on a public street and has adequate access to said street, unless developed as part of a Planned Unit Development with internal private roadways.  All private roadways shall meet minimum requirements, as established by the Director of Engineering and Operations and Fire Department.  (Ord. 2012-01, 3/20/12)
 
(13) Sight Distance On Corner Lots In All Districts.

Corner lots in all districts shall provide a clear vision zone for traffic safety. The clear vision zone shall be kept clear of all obstacles, structures, plants, trees, fences or any other objects or material that in any way obstructs vision. The clear vision zone is defined as the airspace in excess of 30 inches above the adjacent street centerline grade within the triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 40 feet along one curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb line, thence to the point of beginning. (Ord. No. 92-17, 7-7-92).

 P.    Non-Conforming Uses and Development.
(1)    General.  It is recognized that within the zoning districts established by this Ordinance there are uses and  developments which were lawful prior to the adoption of this Ordinance, which would be prohibited, regulated or restricted under its present terms.  These uses and developments are declared to be incompatible with permitted uses and developments in the zoning district involved and are, therefore, considered nonconforming.
 
(2)    Intent.  It is the intent of this Ordinance to permit nonconforming uses and development to continue in the size and manner which they presently exist until such time as they are removed or abandoned, but not to encourage their continuance. This Ordinance strives, therefore, to move property toward conformance, rather than away from it.
 
(3)    Nonconforming Uses.
        (a) Continuance.  Any use lawfully existing upon the effective date of this Ordinance may be continued at the size               and in the manner of operation existing upon such date except as hereinafter specified.
        (b) Establishment of Use.  For the purposes of this section, a use shall be deemed as established on the date said                use commences.  Issuance of a permit or other approval for a use that is never commenced shall not be       deemed establishment of use.
        (c) Change of Use.  Any change of use associated with a nonconforming use shall not be approved unless said use conforms with the requirements of this ordinance and the underlying zoning district regulations.  Once a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, the Zoning Administrator shall issue a Certificate of Zoning Conformance and the use shall not thereafter be changed to any nonconforming use unless said change occurs due to a change in the Zoning Ordinance.  These regulations shall apply even if there is no change of ownership or tenancy.
        (d) Abandonment/Discontinuance of Use.  Whenever a nonconforming use of a structure or land is discontinued or abandoned for a period of one year, any future use of said structure or land shall be in conformity with the provisions of any other applicable ordinance or regulation.
        (e) Reconstruction.  Whenever a nonconforming use of a structure has been damaged by fire, flood, explosions, earthquake, war, riot, or act of God, it may be reconstructed and use as before if reconstructed within twelve (12) months after such calamity provided the reconstruction shall be for the same use in existence prior to said fire, flood, explosion, earthquake, war, riot or act of God and shall be in conformance with all other provisions of this Ordinance except use shall not enlarge the size or manner of operation existing upon the date of calamity.  Any reconstruction shall be subject to Section 13-815.I, as well as any ordinance or regulation.
         (f) Maintenance, Normal maintenance of a structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such structural repairs do not enlarge or intensify the nonconforming use.
         (g) Expansion.  Nonconforming uses shall not be expanded, enlarged extended or intensified, even if structures associated with said nonconforming uses are conforming structures.  Once a nonconforming use has been reduced in size, it shall not thereinafter be expanded.
         (h) Multiple Uses. In the case where a structure or structures on the same property contain multiple uses, some or all of which are nonconforming, cessation of one or more of the nonconforming uses shall be considered a change in use, and not a discontinuance or abandonment of use, and the provisions of §13-815.P.(3)(b) shall apply.
          (i) Relocation. A nonconforming use shall not be moved in whole or in part to any other portion of the lot, tract or parcel occupied by said use after the effective date of the Ordinance codified in this section.
          (j) Change of Tenancy, Ownership or Management.  A change in ownership, tenancy or management of property containing a nonconforming use shall not have an impact upon the nonconforming status of said property, provided, however, all other provisions of this Ordinance shall apply.
          (k) Burden of Proof.  If nonconforming rights are challenged, or if there is a request to expand a nonconforming development, it shall be the property owner's responsibility to provide written proof, through business records or other records and data, that the nonconforming use has not ceased operation for a period of one year or been converted to a conforming use.  It shall also be the property owner's responsibility to provide proof that the nonconforming use legally existed, or was previously grandfathered, at the time the Ordinance codified in this section was adopted.
 
(4)     Nonconforming Development - Structures.
          (a) Safety Considerations.  Nothing in this Ordinance shall effect the requirement that a structure be maintained in a safe condition where said structure is declared unsafe by the Building Inspector.
          (b) Reconstruction.  Whenever a lawful nonconforming structure has been damaged by fire, flood, explosions, earthquake, war, riot, or act of God, it may be reconstructed and used as before if reconstructed within twelve (12) months after such calamity provided the reconstruction shall be for the same use in existence prior to said fire, flood, explosion, earthquake, war, riot or act of God and shall be in conformance with all other provisions of this rovisions of this Ordinance except use shall not enlarge the size or manner of operation existing upon the date of calamity.  Any reconstruction shall be subject to Section 13-815.I, as well as any other applicable ordinance or regulation.
          (c) Expansion.
               (i) Nonconforming structures with conforming uses may be expanded provided said expansion does not create greater nonconforming yards or heights and said expansion does not create an associated expansion of a nonconforming use.  Said expansions shall meet the requirements of §13-815.R of this Ordinance.
               (ii) Residential Dwelling Units.  Alterations may be made to a structure containing lawful nonconforming                   residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units and provided the proposed alterations meet the requirements of 13-815.).(4)(c)(i).
           (d) Relocation. A nonconforming structure shall not be moved to any other portion of the lot, tract or parcel occupied by said structure after the effective date of the Ordinance codified in this section unless said relocation would make the structure conforming.
            (e) Change of Tenancy, Ownership or Management.  A change in ownership, tenancy or management of property containing a nonconforming structure shall not have an impact upon the nonconforming status of said property, provided, however, all other provisions of this Ordinance shall apply.
            (f) Manufactured Homes:  Replacement of existing, nonconforming manufactured homes shall be permitted in accordance with the provisions of §13-806.N.
 
(5)       Nonconforming Development - Lots.
           (a) At the time of the enactment of this Ordinance, if an owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site.  The dimensional requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, such reduction to be determined by the Board of Adjustment.
                 (i) In the R-1, R-2 and R-3 zones the reductions shall permit only a single-family residence.
                 (ii) In the R-4 zone the reduction shall permit only a duplex.
                 (iii) In the R-5 zone the reduction shall permit only a townhouse cluster or apartment containing no more                        than five units.
                 (iv) In the R-6 zone the reductions shall permit only a single-family dwelling or a mobile home of less than                  eighteen (18) feet in width.
              (b) No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this Ordinance, shall be reduced in size so that lot width or size of yards or lot area or any other requirement of this Ordinance is not maintained.  This Section shall not apply when a portion of a lot is acquired for a public purpose.

(Ord. No. 89-20,949-89; Ord. No. 2010-05, 4-6-2010). 

Q. Solar Access

(1) Purpose.

The purpose of these regulations is to protect the health, safety, and general welfare of the community by encouraging the use of solar energy systems. The overall objective of these regulations is to provide adequate protection from interference by structures, trees or topography. It is the intent of these regulations to provide a means of protection for the use of solar collectors without causing undue hardships on the rights of adjacent property owners and to establish solar collectors as a permitted use in all zoning districts.

(2) Application.

Any person who desires to obtain a solar right shall first make application to the Zoning Administrator for a solar access permit. A permit application for a solar right shall consist of the following materials:

a. The original and two (2) copies of a completed Solar Rights Permit Application.

b. A review fee of Fifteen ($15.00) Dollars, made payable to the City of Rock Springs.

c. The names and mailing addresses of all property owners within one hundred (100) feet of the property.

d. The original and two (2) copies of a site plan drawn to scale of not less than one (1) inch to twenty (20) feet showing at least the following detail:

1. The site plan shall include an area containing the subject property and surrounding property, vegetation and buildings which would lie in a line-of-sight path from the solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector.

2. Title block containing owner's name, legal and common address(es) of the site and use of the structure(s).

3. North arrow, scale and date of preparation of the plan.

4. Names of all adjacent streets.

5. Dimensions of property.

6. Dimensions, heights and location of all structures on the site.

7. Location, height and type (common name) of all trees, bushes and shrubs on site and estimated height at full growth.

8. Location and heights of all walls and fences on the site.

9. Dimensions and location of solar collector surface.

10. Direction in which collector is oriented.

11. Height of collector above ground level.

12. Signature block for Zoning Administrator's approval.

13. Degree line from base of collector (as measured above the horizon).

e. In applying for a solar rights permit, the applicant shall have the burden to prove that he will not encroach upon recorded solar rights of adjacent or nearby properties.

(3) Approval.

a. The Zoning Administrator shall grant tentative approval for a ve approval for a solar rights permit for any solar collector which complies with these regulations.

b. Following tentative approval, a copy of the solar rights legal description and site plan will be mailed to all potentially affected property owners.

c. If no protest is received and substantiated within five (5) working days of the mailing the solar right shall be deemed approved.

(4) Recording of Solar Rights and Permits. The permit application and site plan shall be filed in the Sweetwater County Clerk's office after the Zoning Administrator approves the solar rights application and site plan. A recording fee for filing the permit application and site plan, made payable to the Sweetwater County Clerk, shall be submitted to the Planning Department. The Zoning Administrator shall be responsible for recording the permit application and site plan. The application and site plan shall become official after being recorded in the County Clerk's office.

(5) Use Regulations - Shading of collectors Unlawful.

a. Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. The solar right shall not limit any adl not limit any adjacent property owner from building within the building envelope of his lot.

b. Except as otherwise provided by these regulations, it is unlawful for any person to erect a building or other structure, or to allow a tree, shrub, or other vegetation to cast a shadow upon a solar collector which is greater than the shadow cast by a hypothetical ten (10) foot high wall located along the property lines between the hours of 9:00 a.m. and 3:00 p.m., MST, on the winter solstice day.

c. In applying for any building permit, the applicant shall have the burden to prove that he will not encroach upon any recorded solar rights of adjacent or nearby properties.

(6) Prior Non-Conforming Uses. Structures or vegetation which existed prior to the time of installation of the solar energy collection system or the effective date of this Ordinance shall not be subject to the requirements of Section 13-815.Q.(5)(b).

(7) Enforcement.

a. Once the solar right permit and site plan is approved by the Planning Department and recorded in the County Clerk's office, a solar property right shall be deemed established.

b. When a solar rights permit is approved, the construction of the solar collector shall be in accordance with the solar rights permit and the corresponding site plan. It shall be unlawful to erect or place a solar collector in violation of an approved solar rights permit or the corresponding site plan.

c. A solar collector shall be put to beneficial use within two (2) years, or it shall be deemed abandoned.

d. A solar right not applied to a beneficial use for a period of five (5) years shall be deemed abandoned.

R. Setbacks

(1) Established Front Yard, Side Yard and Corner Side Yard Setbacks.

Structures in all Zoning Districts that have a front, side, or corner side yard setback less than the minimum required by this ordinance shall be considered to have an established front, side, or corner side yard setback. In such situations, additions and new construction shall comply with the established front, side, and corner side yard setback, however, the established front, side, and corner side yard setback shall not be reduced to less than five feet. (Ord. No. 92-09, 5-5-92; Ord. No. 92-17, 7-7-92).

S. Lot Coverage

(1) Residential Lots.

Residential lots in R-l, R-2, R-3, R-4, R-5, R-6 and B-R Zoning Districts shall not exceed a lot coverage of fifty percent. Lot coverage of greater than fifty percent may be granted only by Conditional Use Permit approval. (Ord. No. 92-17, 7-7-92).

T. Alleys Included In Side Yard And Rear Yard Setbacks.

Side yard setbacks and rear yard setbacks may be measured from the centerline of adjoining public alleys. However, setbacks from property lines shall not be reduced to less than 3 feet. (Ord. No. 93-21, 11-16-93).

U. Number of Garage Doors for Attached Private Garage.

A private garage attached to a residence shall have no more than three garage doors. For the purposes of this ordinance, a single-stall garage door shall count as one garage door and a double-stall garage door shall count as two garage doors. These conditions shall apply unless granted conditional use permit approval by the Zoning Administrator, with such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood and pursuant to first notifying neighboring properties located wihtin 200 feet.  The adjacent property owner notification shall be made within 5 working days of receipt of a complete application.  The permit determination shall be made no sooner than 10 days followng property owner notification and shall include such conditions as are deemed necessary to protect the health, safety, and welfare of the community and surrounding neighborhood.  The decision of the Zoning Administrator may be appealed to the Planning & Zoning Commission via written request submitted within 10 working days of the permit determination. (Ord. 94-26, 8-2-94), (97-12, Amended, 12/02/1997; 97-05, Amended, 05/20/1997; 96-19, Amended, 12/03/1996; 96-09, Amended, 06/04/1996; 95-21, Amended, 01/16/1996; Ord. 2011-02, 3-8-11)

V. Manufactured or Modular Home Requirements.

(1) The following requirements apply to modular home and manufactured home construction, except these requirements shall not be applicable to a manufactured home in an R-6 Zone.

a. These requirements will be applicable to modular home and manufactured home construction only to the extent they are not in conflict with the Department of Housing and Urban Development (HUD) specifications, or other specifications contained within these ordinances.

(2) Roof Pitch. The structure shall have a pitched roof, with a slope of not less than a nominal three (3) inch vertical rise for each twelve (12) inches of horizontal run.

(3) Roof Material. Roof material shall consist of non-reflective material customarily used for conventional dwellings including, but not limited to asbestos shingles, fiberglass shingles, shake shingles; wood shingles; composition shingles; or tile materials. Roof materials shall not include flat or corrugated sheet metal, except for manufactured roof panels.

(4) Roof Overhang. Have a roof overhang of not less than eight inches measured from the vertical side of the home with gutter, or six inches no gutter.

(5) Siding. Have siding material consisting of wood or wood products, stucco, brick, rock, horizontal lap steel or aluminum or horizontal lap vinyl.

(6) Foundation.

a. Structure must be placed on a permanent foundation and have a concrete or masonry perimeter wall that extends below the frost line and comply with building codes as adopted by the City.

b. Foundations for manufactured homes shall be constructed in compliance with ordinances and building codes adopted by the City.

c. At a minimum, foundations for manufactured homes shall be designed by a Wyoming Licensed Engineer to support all loads as provided by the manufacturer.

d. All foundations shall be to frost depth.

e. Regardless of the foundation needs and designs, a perimeter foundation wall shall be constructed of masonry or concrete. If masonry perimeter walls are provided and the wall is not needed for support of the structure, the wall shall be constructed with a footing, mortar joists, reinforced and grouted cells per the building code. Concrete perimeter walls that are not needed for structural support shall be constructed per the building code.

f. If unusual or expansive soils conditions are found, all foundation elements shall be constructed according to an engineered design including the perimeter wall.

g. If the manufactured home is located in an area identified to be at risk on the adopted mine subsidence map, the foundation design shall include provisions to mitigate the effects of the mine subsidence classification.

(7) Width of Structure. Structure shall be a minimum of twenty-four (24) feet along the widest part of the structure's shortest axis.

(8) Tongues, Towing Devices, Undercarriage Support Structures and Wheels. All tongues, towing devices, undercarriage support structure used solely for transportation to the site and wheels shall be removed from the home and the lot on which the manufactured home is situated.

(9) Other conventionally constructed dwelling not meeting the above listed conditions as approved by the Planning and Zoning Commission.

(10) Placement of prefabricated assemblies at the building site shall be inspected by the Building Official to determine compliance with the City of Rock Springs approved building codes. A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site.

W. Mobile or Manufactured Home Sale Lots.

(1) All driving areas and customer and employee parking areas shall be paved with concrete or asphalt and shall properly control drainage.

(2) Mobile or Manufactured Home Display Lots shall have a paved driving surface, a minimum fifteen (15) feet wide, for the purpose of delivery of the mobile or manufactured homes.

(3) Areas intended for setup of the display unit shall be covered with a minimum of six (6) inches of road base and two (2) inches of gravel.

(4) Area shall be free of nuisances at all times.
 
(5) Display units adjacent to street right-of-ways shall have temporary skirting or decorative fencing suitable to screen undercarriage support systems and wheels from adjacent right-of-ways.
 
X.  Drive-up Windows
 
Drive-up windows, including those for banks, convenience food restaurants, liquor stores, pharmacies, etc., shall have stacking room for waiting vehicles as follows:
 
     (1)  A minimum of four (4), twenty foot long spaces, as measured along the inside arc of any curved driveway, shall be provided at the drive up window, as measured beginning at the midpoint of the window;
     (2)  A minimum of four (4), twenty foot long spaces, as measured along the inside arc of any curved driveway, shall be provided for the menu board (if applicable), as measured beginning at the midpoint of the menu board;
     (3) All spaces for waiting vehicles shall be positioned so that there will be no obstruction of any other parked vehicle, traffic drive aisle, access drive, approach, building entrance, building exit or pedestrian travel way; and
     (4) All spaces for waiting vehicles shall be located entirely on the private property of the drive-up use and shall not encroach upon the public right-of-way or adjoining propeties.
     (Ord. 2011-02, 3-8-11)
 

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