Accessibility Statement

Chapter 16 Article 07 Administration and Enforcement

16-701 Administration.

(A) These regulations shall be administered and enforced by the Planning Department of the City of Rock Springs, Wyoming, or other agency as designated by the City Council.

(B) All subdivision plats submitted to the City of Rock Springs shall first have been examined by the Planning Department and the Rock Springs Planning and Zoning Commission in accordance with the procedures established by these regulations. As part of their examination, the Department and the Commission may 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 City. The actions of the Department, the Commission and the Council shall be governed by the procedures and schedules hereinafter set forth.

(C) Pursuant to the provisions of Section 34-12-103, Wyoming Statutes, when any part of a subdivision lies outside of, but within one (1) mile of the City of Rock Springs, that subdivision shall be approved by the City Council of the City of Rock Springs before it is finally approved by the Sweetwater County Board of Commissioners.

(D) The City shall not extend utilities and services and shall not approve any proposed subdivision of land which, by itself or as a part of a larger tract, is contiguous to the boundaries of the City unless the Preliminary Plat submitted to the Planning Department is accompanied by a properly acknowledged petition for annexation to the City and a separate application for proper zoning.

(E) The Planning Department shall review both the annexation petition and the Preliminary Plat for accuracy and completeness and shall process the plats as if the land were already part of the City. The required plats and the annexation petition may be considered by the City simultaneously, however, final action by the City Council on the annexation petition and zoning shall preceded or be taken concurrently with final action on the Final Plat.

16-702 Variances.

(A) When it can be shown that in the case of a particular subdivision, strict compliance with the provisions of these regulations would cause undue hardship, the City Council may authorize a variance to these regulations provided that the general intent of these regulations are preserved, that public interest is protected, and that such variances do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, the Official Map, or the Zoning Ordinance. The granting of a variance shall be based upon finding by the Council that:

1. The subdivider is proceeding in good faith.

2. There are unusual topographical or other special circumstances associated with the property which are not the result of any action of the subdivider and which prohibit the use of the property in a manner similar to the use of adjacent or nearby properties.

3. The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship.

4. The variance will not nullify the intent or purpose of these regulations.

5. Granting the variance will not be detrimental to the general public health, safety and welfare.

(B) Any variance granted shall constitute the minimum adjustment necessary to alleviate the hardship.

(C) A request for variance may be submitted only after the Planning Commission has formally reviewed the Preliminary Plat and has either (1) recommended disapproval because the Plat does not conform to these regulations, or (2) conditionally approve the Plat specifying those amendments which must appear on the final Plat in order for it to be approved. The subdivider may then seek relief from the specific provisions of these regulations with which he cannot comply.

(D) All requests for variances shall be submitted in writing to the City Council and shall be referred to the Planning Commission for comments and recommendations prior to any action taken by the City Council. In granting a variance, the Council may impose such conditions as will insure substantial compliance with the objectives and standards of these regulations. The findings and action on each variance and any conditions imposed shall be recorded in the minutes of the Council and a copy thereof provided to the Planning Department.

(E) If the subdivision variance is granted by the City Council, the subdivider may incorporate the provisions of the variance into the Final Plat to be submitted to the Planning Commission and to the Council for approval. In its review of the Final Plat, the Planning Commission shall be bound by the decision of the Council regarding the variance and shall review and approve the Final Plat with the variance if the Plat in all other respects conforms to the Preliminary Plat and any other conditions imposed by the Planning Commission.

16-703 Vacations.

(A) Any plat may be vacated by the owners or proprietors thereof at any time before sale of any lots, or before any substantial improvements have been made in the subdivision, by submitting a copy of the plat to the Planning Commission along with a written request for a vacation. In cases where lots have been sold, the written request shall be by all of the owners of lots within the plat. The Planning Commission shall make a recommendation on the vacation to the City Council, and the Council shall approve or disapprove the vacation. The recording of an instrument vacating the plat shall operate to destroy the force and effect of the recording of the original plat and to divest all public rights in the streets, alleys, commons and public grounds laid out or described in such a plat.

(B) Streets and alleys platted and laid out under the provisions of these regulations or laid out under any prior law of the State of Wyoming may be altered or vacated in the manner provided by law for the alteration or discontinuance of highways.

(C) Any part of a plat may be vacated under the provisions and subject to the conditions of Section 16-703 (A) of this ordinance, provided such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat and provided, further, that nothing contained in this section shall authorize the closing or obstruction of any public highways laid out according to law. The request for vacation shall be made by all of the owners of lots within that portion of the overall plat sought to be vacated.

(D) When any part of a plat shall be vacated as aforesaid, streets, alleys, and other public grounds shall be assigned to all lots or parcels adjacent to the public area being vacated in equal proportions.

(E) The County Clerk shall write in plain, legible letters across that part of said plat so vacated, the word "vacated" and also make a reference on the same to the volume and page in which the said instrument of vacation is recorded.

(F) Land covered by a vacated plat may be replatted as described by these regulations. Any later replatting of an area already platted and not vacated shall be construed to be a request for the vacation of the original plat or portion thereof. Any such plat, once approved and recorded, shall act to vacate the original plat which it replaces.

16-704 Penalties.

Any person who violates any provision of these regulations and any person who, as an agent for a subdivider, developer or owner of subdivided lands, offers for sale any subdivided lands or subdivisions without first complying with the provisions of these regulations shall upon conviction be fined not more than Two Hundred Fifty ($250.00) Dollars or be imprisoned in a county jail for not more than thirty (30) days or be punished by both fine and imprisonment. Each day of violation constitutes a new offense.

16-705 Administrative Liability.

The City shall hold harmless the Public Works Department, other City 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 Department, agency or official or their authorized agents in the discharge of their duties hereunder. Any suit brought against the City or the City Administration because of any such act or omission in the carrying out of the provisions of these regulations shall be defended by the City's legal department through final determination of such proceedings.

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