Zoning Resolution of Sweetwater County by mikesanye

VIEWS: 39 PAGES: 255

									       Sweetwater County
       Zoning Resolution
                                                              Revised August 2003
                                                             Revised January 2011




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003
                               This page is intentionally blank.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003
                                    Table of Contents
Section                                                                                                                Page
1.      Authority.................................................................................................................1

2.      Short Title ...............................................................................................................1

3.      Purpose and Application .......................................................................................1
        A.    Purpose .........................................................................................................1
        B.    Application of Provisions ............................................................................2
        C.    Establishment of Zoning Districts ...............................................................3
        D.    Zoning District Map .....................................................................................3
        E.    Zone Lot for Structures ................................................................................4
        F.    Uniform District Regulations .......................................................................4
        G.    Severability ..................................................................................................5
        H.    More Restrictive Regulations Apply ...........................................................5

4.      Administration and Enforcement .........................................................................6
        A.   Administering Agency .................................................................................6
        B.   Permits .........................................................................................................7
        C.   Violations, Penalties, and Remedies ..........................................................11
        D.   Appeals ......................................................................................................11
        E.   Variances....................................................................................................12
        F.   Exceptions ..................................................................................................13
        G.   Rules for Proceeding before the Board of County Commissioners ...........15
             on Appeals, Variances, and Exceptions
        H.   Appeals from the Board .............................................................................15
        I.   Limitations on Filing..................................................................................16

5.      District Regulations .............................................................................................17
        A.     A (Agriculture) District..............................................................................17
        B.     RR (Rural Residential) District ..................................................................26
        C.     RR-3 (Rural Residential) District ..............................................................31
        D.     RR-5 (Rural Residential) District ..............................................................36
        E.     R-1 (Single Family Residential) District ...................................................41
        F.     R-2 (Mixed Residential) District ...............................................................46
        G.     R-2/SF (Single Family Residential) District ..............................................54
        H.     R-3 (Multi-Family Residential) District ....................................................59
        I.     MH (Manufactured Home) District ...........................................................65
        J.     CRS (Commercial & Recreational Services) District ................................71
        K.     C (General Commercial) District ...............................................................77
        L.     B (Retail Business) District .......................................................................84
        M.     I-1 (Light Industrial) District .....................................................................91
        N.     I-2 (Heavy Industrial) District ...................................................................97

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                       i
        O.        AO (Rock Springs-Sweetwater County Airport – Airport Influence ......103
                  Area Overlay) District
        P.        MD (Mineral Development) District .......................................................109
        Q.        LS (Special Overlay District Governing Minimum Lot Size) .................113

6.      Uses by Conditional Use Permit (C.U.P.) ........................................................115
        A.     Scope of Regulations ...............................................................................115
        B.     Permit Requirements ................................................................................115
        C.     Uses by C.U.P. .........................................................................................116
        D.     Review and Approval ..............................................................................136

7.      Non-Conforming Uses and Structures .............................................................137
        A.   Non-Conforming Use...............................................................................137
        B.   Non-Conforming Structure ......................................................................138

8.      Off-Street Parking and Loading Maintenance................................................139
        A.     General .....................................................................................................139
        B.     Specifications ...........................................................................................139
        C.     Special Plans for Off-Street Parking ........................................................140

9.      Sign Regulations .................................................................................................141
        A.    Prohibited Signs .......................................................................................141

10.     Permitted Home Occupations ...........................................................................142
        A.    Intent ........................................................................................................142
        B.    Definition .................................................................................................142
        C.    Home Occupation Permit Options ...........................................................142
        D.    Notice Requirements ................................................................................145

11.     Development Plans .............................................................................................147
        A.    Purpose .....................................................................................................147
        B.    Applicable Districts .................................................................................147
        C.    Submittal and Contents ............................................................................147
        D.    Review and Approval ..............................................................................148
        E.    Significance..............................................................................................149
        F.    Amendments ............................................................................................149

12.     Regulation of Fireworks Businesses and Application for Conditional .........150
        Fireworks Permits ....................................................................................................
        A.    Purpose of Regulations ............................................................................150
        B.    Definitions................................................................................................150
        C.    General Requirements ..............................................................................151
        D.    Application for Conditional Fireworks Permit ........................................155
        E.    Contents of Application. Required Information .....................................157

13.     Growth Management Area - Highway Frontage Overlay Regulations ........160
        A.   Purposes ...................................................................................................160
        B.   Application ...............................................................................................160

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                   ii
        C.        Site Improvements ...................................................................................160

14.     Growth Management Area - Scenic Overlay Regulations .............................162
        A.   Purposes ...................................................................................................162
        B.   Application ...............................................................................................162
        C.   Site Improvements ...................................................................................162

15.     Growth Management Area - Supplemental Slope Regulations .....................164
        A.   Purposes ...................................................................................................164
        B.   Application ...............................................................................................164
        C.   Site Improvements ...................................................................................164

16.     Rules Regarding Roads for Obtaining Sweetwater County ..........................165
        Construction/Use Permits on Parcels, 35 Acres or Larger, Located
        Within the Growth Management Area (GMA) of Sweetwater
        County, Wyoming
        A.     Authority ..................................................................................................165
        B.     Short Title ................................................................................................165
        C.     Purpose and Application ..........................................................................165
        D.     Administration and Enforcement .............................................................166
        E.     Construction/Use Permit Final Approval Process ...................................167
        F.     Responsibility for Expenses Related to These Rules ...............................167
        G.     Enforcement .............................................................................................167
        H.     Variances..................................................................................................168
        I.     Severability ..............................................................................................168
        J.     Minimum Unpaved Fire Access Road Standard Detail ...........................169

17.     Wind Farm Zoning Regulations .......................................................................170
        A.    Purposes ...................................................................................................171
        B.    Definitions................................................................................................171
        C.    Anemometers ...........................................................................................173
        D.    Non-Commercial Wind Farms .................................................................173
        E.    Commercial Wind Farms .........................................................................176

18.     Grading Permit Regulations .............................................................................187
        A.    Purpose and Intent....................................................................................187
        B.    Permit Required .......................................................................................187
        C.    Grading Plan ............................................................................................187
        D.    Dust Control .............................................................................................187
        E.    Maximum Slope .......................................................................................187
        F.    Erosion .....................................................................................................188
        G.    Fills ..........................................................................................................188
        H.    Drainage ...................................................................................................188
        I.    Exemptions ..............................................................................................188

19.     Outdoor Lighting Regulations ..........................................................................190
        A.    Purpose .....................................................................................................190
        B.    Definitions................................................................................................190

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                    iii
        C.         Scope, Compliance ..................................................................................191
        D.         Prohibition................................................................................................192
        E.         Standards for Outdoor Light Source ........................................................192
        F.         Lighting Plan Requirements ....................................................................193
        G.         Maximum Height .....................................................................................194
        H.         Exceptions ................................................................................................194
        I.         Variances & Temporary Exemptions.......................................................195

20.     Parking Regulations...........................................................................................196
        A.    General .....................................................................................................196
        B.    Specifications ...........................................................................................196
        C.    Off-Street Parking Requirements .............................................................197
        D.    Special Plan for Off-Street Parking .........................................................199
        E.    Required Off-Street Loading ...................................................................200
        F.    Outside Storage of Vehicles.....................................................................201

21.     Sign Regulations .................................................................................................202
        A.    Purpose .....................................................................................................202
        B.    Definitions................................................................................................202
        C.    Permit Required .......................................................................................204
        D.    General Provision Applicable to All Districts .........................................204
        E.    Prohibition................................................................................................205
        F.    Exempt Signs ...........................................................................................206
        G.    District Regulations .................................................................................206

22.     Sexually Oriented Businesses ............................................................................210
        A.     Purpose .....................................................................................................210
        B.     Definitions................................................................................................210
        C.     Location of Sexually Oriented Businesses ..............................................213
        D.     Signs .........................................................................................................214
        E.     Operation Standards .................................................................................214
        F.     Inspections ...............................................................................................216
        G.     Severability ..............................................................................................216
        H.     Injunction .................................................................................................216
        I.     Minors ......................................................................................................217

23.     Applications Fees ...............................................................................................218

24.     Amendment Procedures ....................................................................................220
        A.   Statement of Public Policy .......................................................................220
        B.   Amendments. Type and How Made .......................................................220
        C.   Public Hearings ........................................................................................221
        D.   Limitations on Filing................................................................................222
        E.   Minimum Size of District Area................................................................222

25.     Definitions ...........................................................................................................224

26.     Repeals ................................................................................................................235

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                      iv
27.     Exhibits ...............................................................................................................236
              Exhibit 1: Highway, Scenic and Slope Regulations Map .......................237

28.     Table of Actions..................................................................................................238



                                                           Appendix
A.      Sweetwater County Nuisance Regulations ......................................................242
        A.    General Definitions ..................................................................................242
        B.    General .....................................................................................................242
        C.    Exceptions ................................................................................................245
        D.    Outdoor Storage .......................................................................................246
        E.    Enforcement .............................................................................................246




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                      v
Section 1.              Authority

This Resolution is adopted pursuant to, in accordance with, and as an exercise of the authority
vested in the Board of County Commissioners by the provisions of Chapter 5, Sections 18-5-201
through 18-5-207, Wyoming State Statutes Annotated, 1977 Republished Edition.


Section 2.              Short Title

This Resolution shall be known, cited, and referred to as the Zoning Resolution of Sweetwater
County, Wyoming.

Section 3.              Purpose and Application
A.      Purpose

        The zoning regulations hereinafter set forth have been made in accordance with the
        recommendations of a comprehensive plan and with reasonable consideration being given
        to, among other things, the character of each of the enumerated districts, their relationship
        to each other, and the compatibility and appropriateness of the uses in each district. These
        regulations have been enacted with the following purposes in mind:

        1.      To guide and regulate the utilization of land for its most appropriate use and to
                insure the orderly growth, development, and redevelopment of the County.

        2.      To prevent the overcrowding of land or buildings and the undue concentration of
                population.

        3.      To lessen congestion in the streets and to reduce the waste of excessive amounts of
                streets and highways.

        4.      To allow for the provision of adequate public facilities to serve the present and
                future population.

        5.      To secure the safety of the population from fire, floods, and other hazards and
                provide adequate light, air, and convenience of access.

        6.      To protect the tax base of the County and secure economy in governmental
                expenditures.

        7.      To protect the established character and value of buildings and lands throughout the
                County.

        8.      To otherwise conserve and promote the public health, safety, convenience, order,
                and general welfare of the present and future inhabitants of Sweetwater County.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                1
B.      Application of Provisions

        1.      Except as hereinafter provided no lot, tract, parcel or other unit of land shall be used
                or occupied and no structure shall be located, erected, constructed, reconstructed,
                enlarged, changed, maintained, altered, used, or occupied except in conformity with
                all the provisions of the Sweetwater County Zoning Resolution and the Sweetwater
                County Subdivision Regulations.

        2.      This Resolution shall apply to all private lands within the unincorporated portions
                of Sweetwater County and any public lands within the same area that are legally
                subject to its provisions.

        3.      Nothing in this Resolution shall be construed to contravene any zoning authority of
                any incorporated city or town within Sweetwater County including the authority to
                enact and enforce zoning regulations in an area one-half (1/2) mile from the
                boundaries of the city or town as those boundaries may from time to time be
                amended. Within any such area of overlapping jurisdiction the more restrictive
                zoning requirements, whether municipal or county, shall apply.

        4.      The enactment of this Resolution shall not prohibit the continuance of the use of
                any land, building, or structure for the purpose for which such land, building, or
                structure is used at the time this Resolution takes effect; and it shall not be
                necessary to secure any certificate permitting such continuance provided, however,
                that the alteration of or addition to any existing building or structure for the purpose
                of affecting any change in use within any area subject to the provisions of this
                Resolution may be regulated or prohibited. If a non-conforming use is discontinued
                for a period of twelve (12) months, any future use of such land, building, or
                structure shall be in conformity with the provisions of this Resolution.

        5.      No lot of record or yard of the district in which it is located, existing at the time of
                the passage of this Resolution, shall be reduced in dimensions or area below the
                minimum requirements set forth herein. Lots and yards created after the effective
                date of this Resolution shall meet the minimum requirements established by this
                Resolution.

        6.      Within the urbanizing areas and city growth areas within the Growth Management
                Boundary as described by the Sweetwater County Growth Management Plan and
                Agreement, the commencement or establishment of any uses, development or
                construction, including the development of roadways that are established after the
                effective date of said agreement, shall meet the development and permitting
                standards and policies of the Growth Management Plan and Agreement and the
                Zoning Resolution of Sweetwater County. Where the policies and standards of said
                Growth Management Plan and Agreement are different than those standards of the
                Zoning Resolution or other official regulations of Sweetwater County, the more
                restrictive standards, regulations, or policies shall apply.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   2
        7.      In compliance with W.S. 18-5-201 nothing herein contained shall be construed to
                prevent any use or occupancy reasonably necessary to the extraction or production
                of the mineral resources in or under any lands subject to these provisions.

C.      Establishment of Zoning Districts

        In order to carry out the provisions of this Resolution the unincorporated areas of
        Sweetwater County shall be divided into the following zoning districts:

        1.      A (Agricultural)

        2.      RR (Rural Residential)

        3.      RR-3 (Rural Residential)

        4.      RR-5 (Rural Residential)

        5.      R-1 (Single Family Residential)

        6.      R-2 (Mixed Residential)

        7.      R-2/SF (Single Family Residential)

        8.      R-3 (Multi-Family Residential)

        9.      MH (Manufactured Home)

        10.     CRS (Commercial & Recreational Services)

        11.     C (General Commercial)

        12.     B (Retail Business)

        13.     I-1 (Light Industrial)

        14.     I-2 (Heavy Industrial)

        15.     AO (Rock Springs - Sweetwater County Airport – Airport Influence Area Overlay)

        16.     MD (Mineral Development)

D.      Zoning District Map

        1.      The boundaries of these zoning districts are hereby established as shown on maps
                entitled “Official Zoning Map” of Sweetwater County. These maps and all future
                official amendments thereto are hereby declared to be a part of this Resolution. In
                the event that the Official Zoning Map or any part thereof shall be destroyed, the

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               3
                map or the part shall be reconstituted from the official zoning records of the
                County.

        2.      Unless otherwise defined on the Official Zoning Map, district boundary lines are
                intended to be lot lines; the centerline of streets, alleys, channelized waterways, or
                section or township lines; municipal corporate lines; the centerline of stream beds;
                County boundary lines; or other lines dimensioned or drawn to scale on the Official
                Zoning Map.

        3.      It is the intent of this Resolution that all unincorporated lands within Sweetwater
                County shall be located within one of the enumerated zoning districts. It is the
                further intent of this Resolution that if any land within Sweetwater County shall be
                determined not to be within one of the enumerated zoning districts, whether such
                determination results from inaccurate legal description, judicial declaration, or from
                any other reason or cause, then no permits shall be issued for the use of the land or
                for the erection or alteration of any structures thereon until the area has been
                examined by the Board of County Commissioners and a zoning classification has
                been established.

E.      Zone Lot for Structures

        Except in the A (Agricultural) District, I-2 (Heavy Industrial) District, and the MD (Mineral
        Development) District, or as otherwise hereinafter provided, a separate ground area called
        the Zone Lot shall be designated, provided, and continuously maintained for each structure
        containing a Permitted Use or Uses.

        Each Zone Lot shall have at least one Front Line and shall be occupied only by the
        structure containing a Permitted Use or Uses and a subordinate structure or structures
        containing only Accessory Uses.

        Designated Zone Lots in the A, I-2, and MD Districts may contain more than one structure
        containing a Permitted Use.

        No Zone Lot shall be required for public utility and pubic service installation in any zone
        district. Business offices, repair, sales, or storage facilities associated with public utility
        and public service installations shall require a Zone Lot which conforms to all pertinent
        district regulations for each structure containing a Permitted Use or Uses.

F.      Uniform District Regulations

        The provisions of this Resolution shall apply uniformly to all geographical areas bearing
        the same classification as designated on the Official Zoning Map, provided, however, that:

        1.      Where an ownership of record is divided by a district boundary line, each parcel
                thus created, equal to or exceeding the minimum Zone Lot size as established by
                this Resolution, shall conform to the regulations pertaining to the zoning district in
                which each parcel is located.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  4
        2.      Where an ownership of record is divided by a district boundary line, and any parcel
                thus created which is smaller than the minimum Zone Lot size for the district in
                which it is located may be combined with the larger parcel and used for a use
                permitted in the zone district in which the larger of the two parcels is located.

        3.      Where an ownership of record is divided by a district boundary line and both
                parcels thus created are smaller than the minimum Zone Lot size for the districts in
                which they are located, the parcels may be combined and used for a use permitted
                in the most restrictive of the zoning districts.

        4.      Where a Zone Lot is located in one of the basic zone districts as enumerated in this
                Resolution and is also included in the Airport Protective Overlay District or the
                MD-2 portion of the Mineral Development District, the provisions of both districts
                shall apply as provided in the Airport Protective Overlay District and the Mineral
                Development District.

G.      Severability

        If any part or provision of this Resolution or its application to any person, property, or
        circumstance is adjudged invalid by any court of competent jurisdiction, such judgment
        shall be confined in its effect to the part, provision, section, or application expressly
        involved in the controversy, and shall not affect or impair the integrity or validity of the
        remainder of this Resolution or its application to other persons, property, or
        circumstances.

H.      More Restrictive Regulations Apply

        Whenever there is a conflict between one or more requirements within this Resolution,
        the more restrictive regulation shall apply. (Resolution 10-09-CC-04)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                5
Section 4.              Administration and Enforcement
A.      Administering Agency

        The Land Use Department of Sweetwater County shall have the power and the duty to
        administer this Resolution. In the performance of these duties the Department shall:

        1.      Establish and administer rules and procedures for conducting the zoning affairs of
                Sweetwater County to include the development of necessary forms and permits,
                development procedures not described by this Resolution, and coordination with
                other officials with the express approval of the Board after public hearings have
                been held.

        2.      Receive and review all applications for Development Plans and for permits for
                construction, alteration, or change of use of land or structures; and, approve or
                disapprove such applications based on their conformance with the provisions of
                these regulations.

        3.      Receive all applications for Variances, Exceptions, and for amendments to this
                Resolution or to the Official Zoning Map; refer such applications to proper agencies
                for examination; and submit to the Board of County Commissioners all such
                applications together with the recommendations of the examining agencies and the
                recommendations of the Land Use Department.

        4.      Participate, when deemed appropriate, in public hearings before the Board of
                County Commissioners on Variances or on amendments to the Zoning Resolution
                or the Official Zoning Map.

        5.      Maintain the Official Zoning Map or Maps showing the current zoning
                classification of all the unincorporated lands within Sweetwater County.

        6.      Propose to the Board of County Commissioners any changes to this Resolution or
                the Official Zoning Map that may from time to time be desirable or necessary. All
                such changes shall be subject to the amendment procedures set forth in this
                Resolution.

        7.      Make any necessary examinations or investigations as allowed by law relative to
                the use of land or structures to determine compliance with these regulations.

        8.      Upon reasonable cause revoke any Zoning Permit, issue Cease and Desist Orders,
                or take any other lawful action as may be provided for to insure substantial
                compliance with the provisions of this Resolution.

        9.      Maintain such records and files as may be necessary in the efficient conduct of the
                above duties.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                6
B.      Permits

        1.      No building or structure shall be commenced, erected, or altered until a Zoning
                Permit for CONSTRUCTION OR ALTERATION has been issued by the Land
                Use Department certifying that the proposed building or structure complies with all
                of the provisions of this Resolution. Accessory structures which are “minor in
                nature” shall mean any building or structure which meets all of the following
                criteria:

                a.      Is ninety-six (96) square feet or less in size.

                b.      Is twelve feet or less in height (as measured from the highest point on the
                        structure).

                c.      Does not require a permanent foundation.

                d.      Is not affixed to a permanent location on the ground.

                e.      Is not attached to a structure containing a Permitted Use.

                f.      Meets all setback requirements.

                Accessory structures meeting all of the above criteria shall not require such a
                permit.

                Any Zoning Permit for CONSTRUCTION OR ALTERATION, which has not
                been utilized within one year from the date of issuance, shall become invalid, and a
                new permit shall be required. Start of construction or alteration under a Zoning
                Permit shall constitute utilization. Farm buildings shall not require such a permit.
                Manufactured homes on a sales lot shall not require a permit. For a stored mobile
                home, see the applicable district regulations.

                In a platted and recorded Manufactured Home Subdivision the initial placing of
                each manufactured home on its own lot shall require such a permit. No such permit
                shall be required for the subsequent placing of a manufactured home provided the
                replacement manufactured home meets all of the provisions of the district in which
                it is located. In a non-conforming Manufactured Home Court or Park, an existing
                manufactured home may be replaced by another manufactured home without such a
                permit provided the degree of non-conformity of the Manufactured Home Court or
                Park is not increased.

        2.      Neither the use of any land nor the use within any building or structure shall be
                established or changed until a Zoning Permit termed a USE PERMIT has been
                issued by the Land Use Department certifying that the use complies with all of the
                provisions of this Resolution. Such a permit shall not be required for Accessory
                Uses.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                7
        3.      Applications for Zoning Permits required by this Resolution shall be
                accompanied by a plat and boundary survey, drawn to scale, containing the name
                and address of the owner of record-applicant, or agent, and with signatures of
                same; the location and dimensions of the land area in question, the size,
                dimensions, shape, and location of existing or proposed structures; and existing
                and proposed uses of the structure, structures, and land area including all
                easements; stamped Engineered drainage – grading plans, soils, approved sewer
                and water plans, fire protection, right of access from public or onto the property
                of others, and proof of address information, and such other information that is
                necessary for the proper enforcement of this Resolution and the development of
                the property.

                The Land Use Staff may waive specific site plan requirements if, after review, it
                is deemed that such specific site plan requirements are unnecessary

                In addition to complying with the Sweetwater County Land Use Regulations, the
                applicant must comply with rules and regulations from County Health, County
                Surveying, County Engineering, County Fire, and Emergency Management.

                When applicable, the department shall require the applicant to comply with
                requirements for water and sewer districts, utility companies, improvement districts,
                public water boards, irrigation districts, the State Fire Marshal, the Wyoming
                Department of Environmental Quality, the Wyoming Department of Transportation,
                or other special districts and agencies. When Federal or State Regulations have
                specific applicability to the development, the applicant - owner of record or agent
                shall comply with such regulations. (Resolution 09-03-CC-03)

        4.      Major and Minor Site Plans shall be submitted and reviewed in accordance with the
                requirements of this Section. A Major Site Plan shall be submitted as a drawing to
                scale, showing the accurate location of all existing and proposed structures, streets,
                alleys, parking areas, and other information required by this resolution, and such
                Major Site Plan includes the installation of both on-site and / or off-site
                infrastructure, both public and private. A Major Site Plan involves one or more of
                the following: multiple-family structures or structures; twenty thousand (20,000) or
                more square feet of retail or service commercial or industrial floor space; twenty
                thousand (20,000) or more square feet of office floor space; fifty thousand (50,000)
                or more square feet of exterior storage of material or goods; or parking for one
                hundred fifty (150) or more motor vehicles. A Major Site Plan may be used for
                phased development in a Development Plan. A Major Site Plan shall be advertised
                as a public hearing, and reviewed and approved by the Planning and Zoning
                Commission. A Minor Site Plan shall be submitted as a drawing to scale, showing
                the accurate location of all existing and proposed structures, streets, alleys, parking
                areas, and other information required by this resolution, and such Minor Site Plan
                includes the installation of both on-site and / or off-site infrastructure, both public
                and private. Any Site Plan that is not a Major Site Plan, shall be considered a Minor
                Site Plan and shall be reviewed in accordance with the requirements of Section
                4.B.3. (Resolution 10-09-CC-04)

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  8
        5.      The Land Use Department shall act promptly upon any permit application filed
                with it, and shall grant permits in all cases where the proposed construction or use
                complies with the requirements of this Zoning Resolution; and, if it denies the
                application, shall specify the reasons for such denial.

        6.      Permits shall not be required for structures existing, nor for the use of any structure
                or land area established, prior to the effective date of this Resolution; provided,
                however, that any future modifications to existing structures or changes of use of
                any structure or land area shall require permits as provided by this Resolution.

        7.      A copy of all issued permits shall be filed by the Land Use Department and shall be
                available for examination.

        8.      Issuance of Provisional Construction Use Permit (Resolution 07-03-ZO-06)

                a.      A Provisional Construction Use Permit may be issued for:

                        (1)      Lots within a subdivision after final plat approval has been granted
                                 by the Board of County Commissioners.

                        (2)      For a site plan when onsite and/or off-site infrastructure
                                 improvements are required.

                        (3)      For R-3 Zone District multi-family development requests.

                        (4)      For I-2 Zone District development requests.

                        (5)      Phasing of a Development Plan or a Site Plan which requires the
                                 construction of infrastructure or improvements both on-site and off-
                                 site.

                b.      The following conditions shall apply to a Provisional Construction Use
                        Permit:

                        (1)      The plat and all supplemental documents must be recorded.

                        (2)      All property corners and monuments for lots must be installed by a
                                 Wyoming Licensed Surveyor.

                        (3)      Water and sewer utilities must be installed to the property line, and
                                 fire hydrants must be installed and operational, and approved by the
                                 Fire Warden.

                        (4)      The roadway must be constructed and meet one or both of the
                                 following requirements:


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  9
                                 a.      Roadway is constructed to the standards of Section 16.J. of
                                         the Sweetwater County Zoning Resolution;

                                 b.      A certification is submitted by a Wyoming Licensed
                                         Professional Engineer which certifies that the roadway
                                         meets or exceeds the Fire Code requirements of the
                                         International Fire Code.

                        (5)      One of the property corners must have an elevation established and
                                 set at the same datum as the Point of Beginning of the subdivision.

                        (6)      Submit a letter from the local water and sewer district or city stating
                                 that water and sewer laterals have been extended to the lot in
                                 accordance with all Federal and State regulations. Where private
                                 water and sewer systems are proposed, and outside of city and
                                 district governance, a Wyoming Professional Engineer‟s
                                 certification may be accepted.

                        (7)      Submit engineer certified “as-built” drawings for commercial and
                                 industrial buildings and site prior to issuance of Certificate of
                                 Completion.

                        (8)      The Sweetwater County Planning Department may require financial
                                 guarantees for site plans or development plans, or for on-site or off-
                                 site infrastructure improvements that are not part of a subdivision
                                 plat. All financial guarantees shall be administered in accordance
                                 with the guidelines set forth in the Sweetwater County Subdivision
                                 Regulations.

                        (9)      The Owner of the Subdivision / Development must sign the
                                 Provisional Construction Use Permit.

                        (10)     In the case of a Development Plan or Major Site Plan, phasing may
                                 be allowed subject to the installation or extension of improvements
                                 both on-site and off-site required with each phase. A Development
                                 Agreement shall accompany any Development Plan or Major Site
                                 Plan approved under this section. A Certificate of Completion shall
                                 be issued when the required improvements for the phase have been
                                 constructed and accepted by Sweetwater County or any special
                                 district or governmental entity having jurisdiction.

                c.      Certificate of Completion

                        Certificate of Completion for a building or structure shall not be issued until
                        the installation of all fire hydrants are installed and approved for use, and all
                        improvements listed in the Subdivision Improvements Agreement are
                        complete and accepted by the County.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     10
C.      Violations, Penalties, and Remedies

        1.      No person shall locate, erect, reconstruct, enlarge, change, maintain, or use any
                building or use any land in violation of this Resolution.

        2.      Before referring a violation for prosecution, the Land Use Department through its
                authorized representatives shall order in writing the remedying of any violation.
                Such order shall state the nature of the violations, the Resolution provision violated,
                and the time by which the violation must be corrected. After any such order has
                been served, no work shall proceed on any structure or tract of land covered by such
                an order except to correct such violation or to comply with the order.

        3.      The Zoning Resolution of Sweetwater County was adopted under Wyoming Statute
                18-5-202 (b) and (c). Wyoming Statute 18-5-204 provides as follows:

                18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

                No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or
                use any building or use of any land in violation of a resolution or amendment
                adopted by any Board of County Commissioners under W.S. 18-5-202(c). Each
                day‟s continuation of such violation is a separate offense.

                Wyoming Statute 18-5-205 provides as follows:

                18-5-205. Enforcement of zoning resolution by injunction, mandamus or
                abatement; appeal.

                Any zoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) is
                enforceable in addition to other remedies provided by law by injunction, mandamus
                or abatement. (Resolution 09-03-CC-03)

        4.      Persons or corporations convicted of violations of this Resolution shall be fined not
                more than $750.00 per day for each day the offense is in place. (Resolution 10-09-
                CC-04)

D.      Appeals

        1.      Any final order or decision of the Sweetwater County Land Use Department, other
                than a recommendation to the Board of County Commissioners, may be appealed to
                the Board of County Commissioners by any person aggrieved or affected by any
                such order or decision. Such appeal shall be taken within thirty (30) days from the
                date of the action appealed from by filing a Notice of Appeal with the Land Use
                Department and a copy of the Notice of Appeal with the Board of County
                Commissioners specifying the grounds thereof. A form for such appeal shall be
                provided by the Department. Upon a receipt of a Notice of Appeal, the Land Use
                Department shall transmit to the Board of County Commissioners all of the original

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  11
                documents and materials or true copies thereof constituting the record upon which
                the action was taken.

        2.      When a final order or decision is appealed as provided in paragraph 1 above, no
                work shall proceed on any structure or tract of land covered by the order or by the
                decision appealed from except to correct the violation or comply with the order,
                unless the person bound by the order or decision

                a.      Demonstrates to the Board of County Commissioners that it is likely to
                        prevail on the merits when the appeal is heard; and

                b.      Certifies that unless the order or decision appealed from is stayed during
                        the course of the appeal, imminent peril to life or property would be
                        caused. (Resolution 09-03-CC-03)
E.      Variances

        The Board of County Commissioners may authorize upon appeal from a denial of a Zoning
        Permit by the Land Use Department such variances from the terms of this Resolution as
        will not be contrary to the public interest. The purpose of the Variance shall be to modify
        the strict application of the requirements of this Resolution where, owing to exceptional and
        extraordinary circumstances, literal enforcement of the terms of this Resolution will result
        in unnecessary hardship. Every such Variance authorized shall not be personal to the
        applicant, but shall run with the land. No Variance shall be authorized unless the Board
        shall find that all of the following conditions exist:

        1.      That the Variance will not authorize a Permitted Use other than those specifically
                enumerated in the zoning district in which the variance is sought.

        2.      That owing to extraordinary circumstances literal enforcement of the provisions of
                this Resolution will result in unnecessary hardship.

        3.      That the extraordinary circumstances were not created by the owner of the property
                and do not represent a general condition of the district in which the property is
                located.
        4.      That the Variance, if granted, will not substantially or permanently injure any
                adjacent conforming property.

        5.      That the Variance will not alter the character of the district in which it is located.

        6.      That the Variance, if granted, will not result in extraordinary gain in use, service, or
                income for the property when compared with adjacent conforming uses in the same
                district.

        7.      That the Variance, if granted, is the minimum variance and the least modification
                that will afford the relief sought.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     12
        8.      That the Variance will be in harmony with the spirit of this Resolution and will not
                adversely affect the public health, safety, or welfare.

F.      Exceptions

        1.      Mobile Homes. The Land Use Department following a public hearing before the
                Planning and Zoning Commission may authorize the use of a mobile home in
                conjunction with and on the same Zone Lot as a permitted residential dwelling in
                the A, RR, RR-3, RR-5, R-2, R-2/SF and R-3 Districts. Authorization shall be
                subject to such terms and conditions as the Land Use Department deems
                appropriate. The Land Use Department may also attach such conditions to the
                issuance of a permit as they deem reasonable and necessary to address concerns
                raised at the public hearing. Every Mobile Home Exception authorized under
                Section 4.F.1 shall be personal to the applicant, shall not be transferable, and shall
                be for a two-year term subject to renewal by the Land Use Department. A Land
                Use Department final decision under Section 4.F.1 may be appealed to the Board of
                County Commissioners in accordance with Section 4.D., Appeals. No such
                Exception shall be authorized unless the Land Use Department finds that all of the
                following exist:

                a.      That the applicant is the owner or lessee of the subject property.

                b.      That the property is adequately served by a public water and sewer system;
                        or, if the property is served by a well and septic system, that the well and
                        septic system are adequate for both dwelling units, or the property is large
                        enough to install an additional septic system meeting the requirements of
                        the State Health Department.

                c.      That the occupants of the single-family dwelling and the mobile home for
                        which the Exception is sought are related by blood, marriage, or adoption;
                        and, that the reason for the Exception is based on medical or special care
                        requirements of the individual(s) intending to occupy the mobile home; or,
                        if the parties are not related, then the occupant of the mobile home has been
                        specifically engaged to assist the occupant(s) of the single-family dwelling
                        with medical care requirements and that no rent is being charged the mobile
                        home occupant(s). The application should include the following supporting
                        information:

                        (1)      Physician‟s statement verifying medical hardship.

                        (2)      Nature of special care or attention required.

                        (3)      Reasons why special care or attention can best be provided on-site
                                 where applicable.

                d.      That the mobile home shall be located on the Zone Lot so that it will meet
                        the setback requirements for Permitted Uses in the District in which it is

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 13
                        located, and that the mobile home shall be no closer to the single family
                        dwelling than twenty (20) feet.

                e.      That the mobile home shall have access to a street or alley.

                f.      That the Exception will not substantially or permanently injure the
                        appropriate use of adjacent conforming property.

        2.      Setbacks, Building Separations, etc.

                a.      The Board of County Commissioners may authorize upon appeal and in
                        specific instances the construction of buildings, structures, and other
                        improvements within distances otherwise insufficient for previously
                        established setbacks, building separations, etc. However no such Exception
                        shall be authorized unless the Board finds that all of the following
                        conditions exist:

                        (1)      The intended use of the building, structure, or improvements is
                                 otherwise permitted.

                        (2)      The combination of building materials, actual space separations,
                                 construction methods, fire prevention or suppression systems, or
                                 other factors when taken as a whole provide the same degree of fire
                                 protection and safety as would be provided if the requested
                                 Exception were not granted.

                        (3)      Relaxation of setback requirements will not inappropriately
                                 compromise other setback concerns including but not limited to
                                 space, view, air flow, density, off-street parking, aesthetics, etc.

                b.      The following are required Administrative functions:

                        (1)      Every Exception authorized hereunder shall not be personal to the
                                 applicant, but shall run with the land.

                        (2)      The burden shall be on the applicant to provide certification from a
                                 state licensed engineer or architect, the County Fire Warden or from
                                 the State Fire Marshall‟s Office to the Board that provisions of
                                 Section 4.F.2.a.(2) are met. This documentation shall accompany
                                 the applicant‟s Exception submittal and shall be reviewed by staff
                                 prior to making a recommendation to the Sweetwater County
                                 Planning and Zoning Commission.

                        (3)      A public hearing shall be scheduled before the Sweetwater County
                                 Planning and Zoning Commission for all Exception requests,
                                 adjacent property owners shall be given written notice of the


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 14
                                 proposed Exception, and a sign shall be placed on the property thirty
                                 (30) days prior to the meeting.

G.      Rules for Proceeding before the Board of County Commissioners on Appeals,
        Variances, and Exceptions

        Decisions of the Board in regard to Appeals from an order or decision of the Land Use
        Department or in regard to Variances and Exceptions from the provisions of the Zoning
        Resolution shall be reached only after a public hearing. The Board shall fix a reasonable
        time and place for the public hearing and shall proceed in accordance with the following
        rules:

        1.      Public notice shall be given of all hearings at least thirty (30) days prior to the
                hearing date, and all hearings shall be open to the public.

        2.      Due notice of all hearings shall be given to parties in interest and to the Land Use
                Department which shall be permitted to be heard on behalf of the County in all
                public hearings.

        3.      At any public hearing any interested party may appear in person or be represented
                by an attorney; and after being duly sworn, may offer evidence and testimony and
                cross examine witnesses.

        4.      All witnesses shall be sworn or shall affirm their testimony in the manner required
                in courts of record.

        5.      All testimony and evidence shall be presented publicly.

        6.      The Board shall keep a record of the proceedings for each matter heard which shall
                be kept on file and copies made available to any party at cost. The Record of
                Proceedings may include documents and physical evidence considered in the case.

        7.      The Board shall render a written decision on each case heard within forty-five (45)
                days of the hearing. Each decision must be accompanied by reasons therefore and
                based on Findings of Fact. The record shall show the grounds for each decision and
                the vote of each member upon each question. This Record of Proceedings shall be
                a public record.

H.      Appeals from the Board

        Decisions of the Board of County Commissioners upon any matter herein described may be
        reviewed by the District Court as provided in the Administrative Procedure Act and the
        Wyoming Rules of Civil Procedure.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 15
I.      Limitations of Filing

        In the case of discretionary applications (i.e. Appeals, Building Exceptions, Conditional
        Use Permits, Development Plans, Exceptions, Home Occupation Permits, Variances,
        Language Amendments, and Zone Map Amendments) no application shall be made by a
        property owner or his agent which has been the subject of a hearing conducted by the
        Sweetwater County Planning and Zoning Commission and/or the Sweetwater County
        Board of County Commissioners within the immediately proceeding twelve (12) month
        period at which the hearing resulted in a rejection of the proposed action. This limitation
        shall not apply where the action being proposed for the same land area is substantially
        different from the previous application rejected by the Sweetwater County Planning and
        Zoning Commission or the Sweetwater County Board of Commissioners.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               16
Section 5.              District Regulations
A.      A (Agricultural) District

        The Agriculture (A) zone classification is intended to reflect the County‟s vast open spaces
        with large tracts of undeveloped land, and recognize the various uses that occur there. By
        nature, the majority of the County falls within this zone. Dominant land uses in the A Zone
        include traditional open range livestock grazing and trailing; oil, gas and mineral
        exploration; and oil and gas extraction and cultivated agriculture. Most utilities and County
        provided services are limited or unavailable. Representative land uses include open range
        grazing, crops, animal husbandry, farm storage and irrigated pastures, mineral exploration
        and oil and gas extraction facilities. Within the Growth Management Area (GMA) public
        water is required for residential and non-agricultural uses and Conditional Uses are
        regulated as defined. Depending on the lot size, public sewer may be required. (Resolution
        09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses in the District:

                a.      Agriculture. Shall include farming, ranching, grazing, dairying, animal or
                        plant husbandry, or any other agricultural use which will not involve on any
                        parcel of less than thirty-five (35) acres in size the erection or placement of
                        any structure for residential, commercial, or industrial purposes.

                b.      Aircraft Landing Strip

                c.      Cemetery

                d.      Churches and Parish Homes

                e.      Community Center. May be public or private, but not operated for profit or
                        gain.

                f.      Fire Station

                g.      Forest Management and Logging. Does not include the manufacture or
                        processing of wood products.

                h.      Golf Course

                i.      Guest or Dude Ranch

                j.      Helicopter Landing Site

                k.      Heliport

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  17
                l.      Hunting Camp

                m.      Kennel or Corrals for the keeping or boarding of animals

                n.      Mineral Exploration and Drilling

                o.      Oil and Gas Exploration and Drilling and Extraction Facilities

                p.      Police Station

                q.      Post Office

                r.      Public or Private Schools for Elementary or Secondary Education

                s.      Public Recreational Facilities

                t.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                u.      Radio and Television Transmitting Station and Tower

                v.      Railway Rights-of-Way

                w.      Transmission Lines, Stations, and Towers

                x.      Veterinary Hospitals, including observation pens or kennels for animals

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as an
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and commonly associated with the operation of the
                        Permitted Use.

                b.      Is operated under the same ownership and on the same property.

                c.      Does not include permanent residential occupancy except by owners or
                        person employed on the premises and their immediate families. Single-
                        family dwellings, mobile homes, guesthouses, and lodges may be
                        Accessory Uses to a Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10)

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               18
        4.      Minimum Lot Area.

                a.      None, except that where permanent residential occupancy is conducted as
                        an Accessory Use, there shall be at least thirty-five (35) acres of land area
                        for each permanently occupied dwelling unit.

        5.      Minimum Lot Width.

                a.      None

        6.      Minimum Setback for Structures.

                a.      Fifteen (15) feet from all property lines provided, however, that all
                        structures housing farm animals shall be at least one hundred (100) feet
                        from all residential, business, or commercial districts.

        7.      Permitted Encroachments into Setback Space

                a.      None permitted.

        8.      Maximum Height of Structures.

                a.      Structures may be erected to any safe height not in conflict with other
                        regulations.

        9.      Fences, Walls, Retaining Walls, and Hedges

                a.      Fences, walls, retaining walls, or hedges may be erected on any part of the
                        Zone Lot.

        10.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        11.     Off-Street Parking

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           19
                        (1)      One (1) parking space for each dwelling unit or guest unit operated
                                 as an Accessory Use.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over two thousand
                                 (2,000) square feet of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a fire station, kennel, radio or television
                                 transmitting station, and veterinary clinic.

                        (7)      Two (2) parking spaces per heli-pad plus one (1) parking space per
                                 employee.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        12.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      Above ground, outdoor storage of fuel or flammable liquids shall be
                        operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                b.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least fifty (50)
                                 feet from any building with human occupancy and thirty (30) feet
                                 from boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 100 to 500 gallon capacity shall be
                                 placed not closer than one hundred (100) feet from any residence or
                                 any occupied building.

                        (3)      All gasoline storage tanks of 501 to 1000 gallon capacity shall be
                                 placed at least two hundred (200) feet from any residence or
                                 occupied building.

                        (4)      A gasoline tank or gasoline tanks totaling more than a 1000 gallon
                                 capacity shall not be permitted.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  20
                c.      All storage tanks above ground shall be anchored and diked to hold total
                        contents of tanks.

                d.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restrictions on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.
                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.

        13.     Growth Management Area Agriculture Zone Supplemental Regulations

                a.      Purposes.

                        The unincorporated areas of Sweetwater County within the Growth
                        Management Area are undergoing changes in use from traditional, open-
                        range ranching and minerals development activities to commercial,
                        industrial, rural residential, and higher-intensity agricultural uses. These
                        changes in use are occurring primarily on lands zoned Agriculture (A) in
                        locations near existing residential and commercial uses, and have the
                        potential to create use conflicts with and devaluation of the property values
                        of the existing uses. It is premature to re-zone many of the areas in which
                        transitional uses are occurring because the rate of growth of Sweetwater
                        cities and communities is currently low, and the County wishes to provide
                        for the continuation of existing ranching and minerals development uses
                        pending urban-type development in those areas.

                        The primary purposes of these Supplemental Regulations are to provide for
                        the continuation of existing agricultural and minerals development activities
                        and allow for change to transitional uses while minimizing the potential for
                        conflicts in use between transitional and existing uses.

                b.      Application.

                        These Supplemental Regulations apply to all properties zoned Agriculture
                        (A) within the boundaries of the Growth Management Area. Within the
                        Growth Management Area, the provisions of sections c., d., and e. of these

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    21
                        regulations replace the provisions of sections 1, and 2 of the Agriculture
                        District regulations. The other requirements of the Agriculture zone district
                        will also apply, except where modified by these Supplemental Regulations.
                        Permitted and approved Conditional and Accessory Uses, as well as other
                        legal uses in existence on lands zoned Agriculture at the time of adoption of
                        these supplemental regulations may continue as pre-existing, conforming
                        uses.

                        The Conditional Use Permit Overlay for Animals for Private Use applies to
                        those areas located: closer than one quarter mile (1,320 feet) from the
                        nearest property line of the property zoned residential (R-1, R-3, MH);
                        commercial (C, CRS, B), or light industrial (I-1) at the date of the adoption
                        of this resolution; or within one mile of the boundaries of an incorporated
                        city. Depending upon the suitability of the area for proposed development,
                        when agriculture property is rezoned, the Board has the discretion to
                        approve a proposed Zoning Map Amendment with or without the
                        Conditional Use Permit Overlay Area for Animals for Private Use.

                c.      Permitted Uses.

                        Within the Growth Management Area, the following are permitted uses on
                        lands zoned Agriculture (A):

                        (1)      Open-range grazing and livestock trailing

                        (2)      Cultivation of irrigated crops

                        (3)      Cemeteries, Churches and Parish Homes

                        (4)      Forest Management and Logging

                        (5)      Residential uses on parcels 35 acres or larger in size, when the
                                 following conditions are met:

                                 a.      The residence is either connected to a public water system,
                                         or the owner can develop an alternative potable water
                                         source.

                                 b.      The property is accessible by a public roadway or a County-
                                         approved private roadway.

                        (6)      The keeping of animals for private use when the following condition
                                 is met:

                                 a.      The property on which the animals are kept is more than one
                                         quarter mile (1,320 feet) from the nearest property line of
                                         property zoned for residential (R-1, R-3, MH), commercial

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   22
                                         (C, CRS, B), or light industrial (I-1) purposes, and is more
                                         than one mile from the boundaries of an incorporated city.

                d.      Conditional Uses.

                        Within the Growth Management Area, the following are conditional uses on
                        lands zoned Agriculture (A):

                        (1)      The keeping of animals for private use located closer than one
                                 quarter mile (1,320 feet) from the nearest property line of property
                                 zoned residential (R-1, R-3, MH); commercial (C, CRS, B); or light
                                 industrial (I-1); or located within one mile of the boundaries of an
                                 incorporated city

                        (2)      The keeping of animals for commercial purposes, including; kennels
                                 or corrals for the keeping or boarding of animals; and veterinary
                                 hospitals, including observation pens or kennels

                        (3)      Fire stations, police stations, post offices, and public recreational
                                 facilities

                        (4)      Golf courses

                        (5)      Mineral exploration and drilling; oil and gas exploration, drilling
                                 and extraction activities

                        (6)      Helicopter landing sites

                        (7)      Public Utility and Public Service Installations. For support of
                                 Utility, Service and Improvement Districts only. Business offices,
                                 repair, sales or storage facilities may be allowed by Conditional Use
                                 Permit. (Resolution 07-02-ZO-02)

                        (8)      Radio and television transmitting station and tower; transmission
                                 lines, stations and towers

                e.      Accessory Uses.

                        Within the Growth Management Area, any use that complies with the
                        following conditions may be operated as an Accessory Use on lands zoned
                        Agriculture (A):

                        (1)      The use is clearly incidental to and commonly associated with the
                                 operation of the Permitted Use.

                        (2)      The use is operated under the same ownership and on the same
                                 property.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     23
                f.      Conditional Use application requirements.

                        The uses listed as Conditional Uses above may be allowed in the
                        Agriculture zone within the Growth Management Area upon a showing that
                        the manner in which the use will be conducted will not create undue
                        conflicts with other uses in the vicinity of the proposed use. Applicants must
                        include in their applications construction and/or management plans for the
                        proposed use that will mitigate the adverse effects of noise, odors, light,
                        vibration, waste, and effluent emanating from the property. For the
                        conditional uses listed above, conditions of approval that shall be addressed
                        in the application and will be considered for inclusion in the approval, if
                        granted, include the following:

                        (1)      For the keeping of animals for private use within the one quarter
                                 mile and one mile buffers described above, and for the keeping of
                                 animals for commercial purposes, including kennels or corrals for
                                 the keeping or boarding of animals; and veterinary hospitals,
                                 including observation pens or kennels, the application must include:

                                 a.      The numbers and types of animals proposed to be kept on
                                         the property;

                                 b.      A plan for feeding and feed storage and management that
                                         minimizes the potential for blowing dust and debris;

                                 c.      A plan for manure management and disposal that minimizes
                                         the potential for odors and blowing or spilling debris;

                                 d.      A plan for animal mortality management; and,

                                 e.      A plan for dust management and erosion control.

                        (2)      For fire stations, police stations, post offices, golf courses, and
                                 public recreational facilities, the application must include:

                                 a.      A site plan showing ingress and egress from the property;

                                 b.      A plan of operation including hours of operation and
                                         estimates of traffic generated by the use; and,

                                 c.      A lighting plan that minimizes of-site illumination.

                        (3)      For mineral exploration and drilling; oil and gas exploration, drilling
                                 and extraction activities; helicopter landing sites; public utility and
                                 public service installations; and radio and television transmitting


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      24
                                 station and tower; transmission lines, stations and towers, the
                                 application must include:

                                 a.      A site plan showing the types and locations of structures and
                                         equipment to be placed on the property;

                                 b.      A plan of operations describing the construction and
                                         operational activities that will take place on the property,
                                         their periods of activity and duration;

                                 c.      An access plan to minimize impacts to nearby residences
                                         and other uses; and,

                                 d.      A plan or plans to control noise and dust; for lighting, waste
                                         management, and storage of materials.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      25
B.      RR (Rural Residential) District

        The Rural Residential (RR) zone classification is intended to accommodate large lot
        residential development that is semi-rural in nature. Although this district should be located
        in areas without established public water and sewer systems, residents of these zone
        districts are to maintain access to employment, schools, shopping and other public facilities
        and services. Isolated locations for rural residential zones are discouraged. The Rural
        Residential Zone is not meant to be “farming” or “ranching” zones where animals are
        raised in large numbers or for commercial purposes. Within the Growth Management Area
        (GMA) public water is required. Depending on the lot size, public sewer may be required.
        A permanent foundation meeting the requirements of this Resolution is required.
        (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses in the District.

                a.      Dwelling, Single-Family

                b.      Churches

                c.      Community Center. May be public or private, but not operated for profit or
                        gain.

                d.      Fire Station

                e.      Manufactured Home

                f.      Post Office

                g.      Public Recreational Facilities

                h.      Public or Private Schools for Elementary or Secondary Education.

                i.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                j.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Animals for private use are permitted. Any use which complies with all of the
                following conditions may be operated as an Accessory Use to a Permitted Use.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 26
                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                c.      Does not include residential occupancy.

                d.      Separate, detached structures containing an Accessory Use shall be at a
                        minimum fifteen (15) feet from structures containing a Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      One (1) acre

        5.      Minimum Lot Width

                a.      None

        6.      Minimum Setback for Structures

                a.      25 feet from all lines of the Zone Lot

        7.      Permitted Encroachments into Setback Space

                a.      None

        8.      Maximum Height of Structures

                a.      35 feet

        9.      Permitted Exceptions to Maximum Height

                a.      Church spires, church towers, chimneys, flagpoles, antennas, monuments,
                        water towers, and fire towers may be erected to any safe height not in
                        conflict with other regulations.

        10.     Required Open Space

                a.      Zone Lots occupied by single-family dwellings shall maintain fifty (50)
                        percent of the Zone Lot as free and unobstructed open space.

        11.     Fences, Walls, Retaining Walls, and Hedges

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                           27
                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending fifty (50) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each fifty (50) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Electrical charged fences and other fences (excluding barbed wire) which
                        due to their design, construction, and/or installation constitute a potential or
                        real danger to the public shall not be allowed. Barbed wire fences shall be
                        allowed in this district with the exception of properties abutting a more
                        intensive zoning district (R-2, R-3, etc.)

        12.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        13.     Off-Street Parking

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      (2) parking spaces for each single-family dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           28
                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over two thousand
                                 (2,000) square feet of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a fire station.

                        (7)      The exterior storage of up to four (4) unlicensed vehicles shall be
                                 permitted as an accessory use on any zone lot.

                        (8)      The exterior storage of up to one (1) unoccupied mobile home shall
                                 be permitted as an accessory use on any zone lot. The stored mobile
                                 home shall be stored in the rear yard outside of any setback area. In
                                 addition, the stored mobile home shall be a minimum of twenty-five
                                 (25) feet from any residential structure.

                        (9)      Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        14.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      Above ground, outdoor storage of fuel or flammable liquids shall be
                        operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                b.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least fifty (50)
                                 feet from any building with human occupancy and thirty (30) feet
                                 from boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 101 to 500 gallon capacity shall be
                                 placed not closer than one hundred (100) feet from any residence or
                                 any occupied building.

                        (3)      A gasoline tank or tanks totally more than a 501-gallon capacity
                                 shall not be permitted.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 29
                c.      All storage tanks above ground shall be anchored and diked to hold total
                        contents of tanks.

                d.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs or less – no restrictions on distance from any
                                 building.

                        (2)      81 to 125 lb bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    30
C.      RR-3 (Rural Residential) District

        The Rural Residential (RR-3) zone classification is intended to accommodate large lot
        residential development that is semi-rural in nature. Although this district should be located
        in areas without established public water and sewer systems, residents of these zone
        districts are to maintain access to employment, schools, shopping and other public facilities
        and services. Isolated locations for rural residential zones should be discouraged. The
        Rural Residential Zone is not meant to be “farming” or “ranching” zones where animals are
        raised in large numbers for commercial purposes. Within the Growth Management Area
        (GMA) public water is required. Depending on the lot size, public sewer may be required.
        A permanent foundation meeting the requirements of this Resolution is required.
        (Resolution 09-03-CC-03

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses in the District:

                a.      Dwelling, Single-Family

                b.      Churches

                c.      Community Center. May be public or private, but not operated for profit or
                        gain

                d.      Fire Station

                e.      Manufactured Home

                f.      Post Office

                g.      Public Recreational Facilities

                h.      Public or Private Schools for Elementary or Secondary Education

                i.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                j.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Animals for private use are permitted. Any use which complies with all of the
                following conditions may be operated as an Accessory Use to a Permitted Use:



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 31
                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy.

                d.      Separate, detached structures containing an Accessory Use shall be at
                        minimum fifteen (15) feet from structures containing a Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area

                a.      Three (3) acres

        5.      Minimum Lot Width

                a.      None

        6.      Minimum Setback for Structures

                a.      25 feet from all lines of the Zone Lot

        7.      Permitted Encroachments into Setback Space

                a.      None

        8.      Maximum Height of Structures

                a.      35 feet

        9.      Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, chimneys, flagpoles, antennas, monuments,
                        water towers, and fire towers may be erected to any safe height not in
                        conflict with other regulations.

        10.     Required Open Space

                a.      Zone Lots occupied by single-family dwellings shall maintain fifty (50)
                        percent of the Zone Lot as free and unobstructed open space.

        11.     Fences, Walls, Retaining Walls, and Hedges

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                            32
                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending fifty (50) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each fifty (50) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Electrical charged fences and other fences (excluding barbed wire) which
                        due to their design, construction, and/or installation constitute a potential or
                        real danger to the public shall not be allowed. Barbed wire fences shall be
                        allowed in this district with the exception of properties abutting a more
                        intensive zoning district (R-2, R-3, etc.).

        12.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        13.     Off-Street Parking

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each single-family dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           33
                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over two thousand
                                 (2,000) square feet of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a fire station.

                        (7)      The exterior storage of up to four (4) unlicensed vehicles shall be
                                 permitted as an accessory use on any zone lot.

                        (8)      The exterior storage of up to one (1) unoccupied mobile home shall
                                 be permitted as an accessory use on any zone lot. The stored mobile
                                 home shall be stored in the rear yard outside of any setback area. In
                                 addition, the stored mobile home shall be a minimum of twenty-five
                                 (25) feet from any residential structure.

                        (9)      Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        14.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      Above ground, outdoor storage of fuel or flammable liquids shall be
                        operated under the same Zone Lot as the Permitted Use.

                b.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least fifty (50)
                                 feet from any building with human occupancy and thirty (30) feet
                                 from boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 101 to 500 gallon capacity shall be
                                 placed not closer than one hundred (100) feet from any residence or
                                 any occupied building.

                        (3)      A gasoline tank or gasoline tanks totaling more than a 500 gallon
                                 capacity shall not be permitted.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  34
                c.      All storage tanks above ground shall be anchored and diked to hold total
                        contents of tanks.

                d.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs or less – no restrictions on distance from any
                                 building.

                        (2)      81-125 lb bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   35
D.      RR-5 (Rural Residential) District

        The Rural Residential (RR-5) zone classification is intended to accommodate large lot
        residential development that is semi-rural in nature. Although this district is typically
        located in areas without established public water and sewer systems, residents of these zone
        districts need to maintain access to employment, schools, shopping and other public
        facilities and services. Isolated locations for rural residential zones should be discouraged.
        The Rural Residential Zone is not meant to be “farming” or “ranching” zones where
        animals are raised in large numbers for commercial purposes. Within the Growth
        Management Area (GMA) public water is required. Depending on the lot size, public
        sewer may be required. A permanent foundation meeting the requirements of this
        Resolution is required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses in the District:

                a.      Dwelling, Single-Family

                b.      Churches

                c.      Community Center - may be public or private, but not operated for profit or
                        gain

                d.      Fire Station

                e.      Manufactured Home

                f.      Post Office

                g.      Public Recreational Facilities

                h.      Public or Private Schools for Elementary or Secondary Education

                i.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                j.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Animals for private use are permitted. Any use which complies with all of the
                following conditions may be operated as an Accessory Use to a Permitted Use:



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  36
                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy.

                d.      Separate, detached structures containing an Accessory Use shall be at a
                        minimum fifteen (15) feet from structures containing a Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10).

        4.      Minimum Lot Area.

                a.      Five (5) acres.

        5.      Minimum Lot Width.

                a.      None.

        6.      Minimum Setback for structures.

                a.      25 feet from all lines of the Zone Lot.

        7.      Permitted Encroachments into Setback Space.

                a.      None.

        8.      Maximum Height of Structures.

                a.      35 feet.

        9.      Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, chimneys, flagpoles, antennas, monuments,
                        water towers, and fire towers may be erected to any safe height not in
                        conflict with other regulations.

        10.     Required Open Space.

                a.      Zone lots occupied by single-family dwellings shall maintain fifty (50)
                        percent of the Zone Lot as free and unobstructed open space.

        11.     Fences, Walls, Retaining Walls, and Hedges.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                            37
                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending fifty (50) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each fifty (50) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Electrical charged fences and other fences (excluding barbed wire) which
                        due to their design, construction, and/or installation constitute a potential or
                        real danger to the public shall not be allowed. Barbed wire fences shall be
                        allowed in this district with the exception of properties abutting a more
                        intensive zoning district (R-2, R-3, etc.).

        12.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        13.     Off-Street Parking

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each single-family dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           38
                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over two thousand
                                 (2,000) square feet of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a fire station.

                        (7)      The exterior storage of up to four (4) unlicensed vehicles shall be
                                 permitted as an accessory use on any zone lot.

                        (8)      The exterior storage of up to one (1) unoccupied mobile home shall
                                 be permitted as an accessory use on any zone lot. The stored mobile
                                 home shall be stored in the rear yard outside of any setback area. In
                                 addition, the stored mobile home shall be a minimum of twenty-five
                                 (25) feet from any residential structure.

                        (9)      Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        14.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      Above ground, outdoor storage of fuel or flammable liquids shall be
                        operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                b.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least fifty (50)
                                 feet from any building with human occupancy and thirty (30) feet
                                 from boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 101 to 500 gallon capacity shall be
                                 placed not closer than one hundred (100) feet from any residence or
                                 any occupied building.

                        (3)      A gasoline tank or tanks totaling more than a 501 gallon capacity
                                 shall not be permitted.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  39
                c.      All storage tanks above ground shall be anchored and diked to hold total
                        contents of tanks.

                d.      Liquefied Petroleum Gases (LP gas) shall be store as follows:

                        (1)      One bottle – 80 lbs. or less – no restrictions on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    40
E.      R-1 (Single Family Residential) District

        The R-1 zone district is intended to accommodate single family subdivisions. Minimum lot
        size shall be 8,500 square feet. Due to its urban density, an R-1 district shall typically be
        located within or adjacent to established communities or developed areas where urban
        services are available or readily accessible. Curb, gutter, street lighting, and other urban
        amenities are required. Centralized public water and sewer are required. Site built and
        modular homes and double wide mobile homes are permitted. Duplexes and single-wides
        are not allowed. A permanent foundation that meets the requirements of this Resolution is
        required. Within the Growth Management Area (GMA) public water is required.
        Depending on the lot size, public sewer may be required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses in the District:

                a.      Dwelling, Single-Family

                b.      Churches

                c.      Community Center. May be public or private, but not operated for profit or
                        gain.

                d.      Fire Station

                e.      Library

                f.      Police Station

                g.      Post Office

                h.      Public Recreational Facilities

                i.      Public or Private Schools for Elementary or Secondary Education

                j.      Public Utility and Public Service Installations. Such uses shall not include
                        business offices, repair, sales, or storage facilities, or sanitary landfill.

                k.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as an
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 41
                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy.

                d.      If in a separate, detached structure from a Permitted Use, the gross floor
                        area devoted to the Accessory Use shall not exceed the gross floor area of
                        the Permitted Use. Separate or detached structures containing an Accessory
                        Use shall be at a minimum fifteen (15) feet from structures containing a
                        Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      8,500 square feet. Provided, however, that if no public water and sewer
                        system is available, the required Minimum Lot Area shall be one (1) acre.

        5.      Minimum Lot Width.

                a.      80 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot.

        7.      Minimum Rear Setback for Structures.

                a.      Structure containing a Permitted Use only – (20) feet from the Rear Line.

                b.      Structure containing an Accessory Use only – (10) feet from the Rear Line.

        8.      Minimum Side Setback for Structures.

                a.      10 feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a 15
                        foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, chimneys, and building
                        accessories may project 24 inches into all setback spaces.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                42
                b.      Un-walled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the Front and Rear setback space.

        10.     Maximum Height of Structures.

                a.      35 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, chimneys, flagpoles, antennas, monuments,
                        water towers, and fire towers may be erected to any safe height not in
                        conflict with other regulations.

        12.     Required Open Space.

                a.      Zone Lots occupied by single-family dwellings shall maintain fifty (50)
                        percent of the Zone Lot as free and unobstructed open space.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each forty (40)-foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  43
                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each single-family dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space fore each two
                                 hundred (200) square feet of gross floor area over two thousand
                                 (2,000) square feet of gross floor area of community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a police or fire station.

                        (7)      One (1) parking space for each eight hundred (800) square feet of
                                 gross floor area of a library.

                        (8)      The exterior storage of up to two (2) unlicensed vehicles shall be
                                 permitted as an accessory use on any zone lot.

                        (9)      The exterior storage of up to one (1) unoccupied mobile homes shall
                                 be permitted as an accessory use on any zone lot. The stored mobile
                                 home shall be stored in the rear yard outside of any setback area. In
                                 addition, the stored mobile home shall be a minimum of twenty-five
                                 (25) feet from any residential structure.

                        (10)     Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           44
        16.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.
                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                c.      No storage of hay, alfalfa, or straw shall be permitted on Zone Lot.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    45
F.      R-2 (Mixed Residential) District

        The R-2 zone district is intended to accommodate existing residential development and
        associated land uses that were previously permitted on lots considered too small for the
        occurring uses. It is not the intent of Sweetwater County to designate additional areas R-2.
        Site-built, modular, two-unit (duplexes) and mobile homes (single and double wide) are
        permitted. A permanent foundation that meets the requirements of this Resolution is
        required. Within the Growth Management Area (GMA) public water is required.
        Depending on the lot size, public sewer may be required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses.

                a.      Dwelling, Single-Family

                b.      Dwelling, Two-Family

                c.      Manufactured Home

                d.      Manufactured Home Subdivision containing or designated for three or more
                        manufactured homes.

                e.      Church and Parish House

                f.      Community Center. May be public or private but may not be operated for
                        profit or gain.

                g.      Day Care Center for Children

                h.      Fire Station

                i.      Library

                j.      Police Station

                k.      Post Office

                l.      Pre-School or Nursery School

                m.      Public Recreational Facilities

                n.      Public and Private Schools for Elementary and Secondary Education

                o.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 46
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                p.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Animals for private use are permitted except in a Manufactured Home Subdivision.
                Any use which complies with all of the following conditions may be operated as an
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy.

                d.      If in a separate, detached structure from a Permitted Use, the gross floor
                        area devoted to the Accessory Use shall not exceed the gross floor area of
                        the Permitted Use or 650 square feet, whichever is greater.

                e.      A single-family dwelling on its own Zone Lot for the owner or manager of a
                        Manufactured Home Subdivision may be considered a Permitted Accessory
                        Use.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      7,500 square feet; 10,000 squared feet for two-family dwellings. Provided,
                        however, if no public water and sewer are available, the required Minimum
                        Lot Area shall be one (1) acre.

                b.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home Subdivision there shall be provided a minimum of
                        4,000 square feet exclusive of public street right-of-way or private street
                        easements.

        5.      Minimum Lot Width.

                a.      75 feet at the Front Setback Line.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               47
                b.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home Subdivision there shall be provided a minimum lot
                        width of a forty-foot designated Zone Lot.

        6.      Minimum Front Setback for Structures

                a.      25 feet from the Front line of the Zone Lot.

                b.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home Subdivision there shall be provided a minimum front
                        setback of twenty (20) feet from the Front Line of the Zone Lot or from the
                        easement line of a private street.

        7.      Minimum Rear Setback for Structures

                a.      Structure containing a Permitted Use – twenty (20) feet from the Rear Line.
                        For platted lots predating the Zoning Resolution – ten (10) feet from the
                        Rear Line provided the rear yard abuts a dedicated alley of at least twenty
                        (20) feet in width.

                b.      Structure containing an Accessory Use – only ten (10) feet from the Rear
                        Line.

                c.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home Subdivision there shall be a minimum rear setback of
                        ten (10) feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

                a.      10 feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a 15
                        foot setback.

                c.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home Subdivision there shall be a minimum side setback
                        of fifteen (15) feet from the Side Line of the Zone Lot for the entry side of
                        the manufactured home unit; and further, ten (10) feet from the Side Line of
                        the Zone Lot for the non-entry side of the manufactured home unit.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, and building accessories may
                        project twenty-four (24) inches into all setback spaces.

                b.      Unwalled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the front and rear setback space.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                48
                c.   For each manufactured home served by a public water and sewer system in
                     a Manufactured Home Subdivision, outdoor terraces, patios, steps, stairs, or
                     window canopies may project four (4) feet into any setback space.
        10.     Maximum Height of Structures.

                a.      35 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, water towers, flagpoles, antennas, and fire
                        towers may be erected to any safe height not in conflict with other
                        regulations.

        12.     Required Open Space.

                a.      Zone Lots occupied by single-family dwellings, two-family dwellings, and
                        manufactured homes shall maintain forty (40) percent of the Zone Lot area
                        as free and unobstructed open space.

                b.      For each manufactured home served by a public water and sewer system in
                        a Manufactured Home subdivision there shall be provided and maintained
                        1,500 square feet of free and unobstructed open space.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each forty (40) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 49
                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicted the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each single-family dwelling unit, for
                                 each unit in a two-family dwelling, and for each manufactured
                                 home.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

                        (4)      One (1) parking space fore each employee plus one (1) parking
                                 space for each five (5) students in a secondary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over 2,000 square feet
                                 of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a police or fire station.

                        (7)      One (1) parking space for every eight hundred (800) square feet of
                                 gross floor area of a library.

                        (8)      The exterior storage of up to four (4) unlicensed vehicles shall be
                                 permitted as an accessory use on any Zone Lot.

                        (9)      The exterior storage of up to one (1) unoccupied mobile home shall
                                 be permitted as an accessory use on any Zone Lot. The stored
                                 mobile home shall be stored in the rear yard outside of any setback

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           50
                                 area. In addition, the stored mobile home shall be a minimum of
                                 twenty-five (25) feet from any residential structure.

                        (10)     Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      The following off-street parking provision shall apply to a Manufactured
                        Home Subdivision:

                        (1)      Two (2) parking spaces for each manufactured home.

                        (2)      Two (2) parking spaces for each single-family dwelling operated as
                                 an Accessory Use in a Manufactured Home Subdivision.

                        (3)      There shall be allowed no exterior storage of more than two (2)
                                 unlicensed vehicles on any Zone Lot in a Manufactured Home
                                 Subdivision.

                        (4)      There shall be allowed no exterior storage of more than one (1)
                                 unoccupied mobile home. The stored mobile home shall be stored
                                 in the rear yard outside of any setback area. In addition, the stored
                                 mobile home shall be a minimum of twenty-five (25) feet from any
                                 residential structure.

                        (5)      Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                c.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        16.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    51
                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.
                        (5)      Tanks larger than 2,000 gallons shall not be permitted.

                c.      The space beneath each mobile home shall be kept clean and free from
                        refuse. No flammable or explosive material shall be stored beneath a
                        mobile home.

                d.      No materials, objects, or vehicles stored on a Zone Lot shall be located
                        within ten (10) feet of any entrances or exit door of a mobile home or shall
                        otherwise obstruct emergency access.

                e.      No storage of hay, alfalfa, or straw shall be permitted on the Zone Lot in a
                        Manufactured Home Subdivision.

        17.     Street Standards for Manufactured Home Subdivisions.

                a.      Where the individual manufactured home units in a Manufactured Home
                        Subdivision are served by dedicated public streets, those public streets shall
                        be platted and constructed according to the applicable street standards of
                        Sweetwater County.

                b.      Where individual manufactured home units are served by a private street
                        system, those streets shall:

                        (1)      Provide a driving surface of thirty-four (34) feet within an easement
                                 of forty (40) feet where parking is to be allowed on both sides of the
                                 street.

                        (2)      Provide a driving surface of twenty-five (25) feet within an
                                 easement of thirty (30) feet where parking is to be prohibited on
                                 both sides of the street.

                        (3)      Provide an additional easement width sufficient to accommodate a
                                 four (4) foot wide pedestrian walkway where walkways are required
                                 by the Land Use Department.

                        (4)      Be graded and well-drained.

                        (5)      Be accessible at all times to emergency vehicles.

                        (6)      Be maintained at all times by the owner and operator of the mobile
                                 home or by an established homeowner‟s association.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  52
        18.     Utilities for Manufactured Home Subdivisions.

                a.      Utility hookups shall be provided for each manufactured home unit in the
                        Manufactured Home Subdivision. These utilities shall include water, sewer,
                        gas, electricity, and telephone.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              53
G.      R-2/SF (Single Family Residential) District

        The R-2/SF zone district is intended to accommodate single family subdivisions with lot
        sizes of one (1) acre or greater. This district requires large lots; however accessory
        structures are restricted in size to not exceed the square footage of the principal structure. A
        Lot Size (LS) Overlay can be applied to this zoned district. Single-family dwellings are
        permitted in this zone district. Single wide mobile homes are not allowed. Within the
        Growth Management Area (GMA) public water is required. Depending on the lot size,
        public sewer may be required. A permanent foundation meeting the requirements of this
        Resolution is required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses.

                a.      Dwelling, Single-Family

                b.      Churches

                c.      Community Center. May be public or private but may not be operated for
                        profit or gain.

                d.      Fire Station

                e.      Post Office

                f.      Public Recreational Facilities.

                g.      Public and Private Schools for Elementary and Secondary Education.

                h.      Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                i.      Railway Right-of-Way.

        2.      Permitted Accessory Uses.

                Animals for private use are permitted. Any use which complies with all of the
                following conditions may be operated as an Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   54
                c.      Does not include residential occupancy.

                d.      If in a separate, detached structure from a Permitted Use, the gross floor
                        area devoted to the Accessory Use shall not exceed the gross floor area of
                        the Permitted Use. Separate, detached structures containing an Accessory
                        Use shall be at a minimum fifteen (15) feet from structures containing a
                        Permitted Use.

                        (1)      When a Minimum Lot Size District requiring lots of at least thirty-
                                 five (35) acres overlies an R-2/SF Zone, one (1) detached structure
                                 containing an Accessory Use, on a lot conforming to the minimum
                                 overlaid lot size, may have a gross floor area exceeding that of the
                                 structure containing the permitted use by up to one-hundred percent
                                 (100%). The accessory structure must be a minimum of twenty-five
                                 (25) feet from all other structures and boundary lines.

                        (2)      A lot containing an oversized accessory structure shall never be
                                 reduced in size below the minimum required by the special overlay
                                 zone, or thirty-five (35) acres, in the event that overlay is lifted,
                                 unless the structure is first removed.

        3.      Permitted Home Occupations.

                (See Section 10).

        4.      Minimum Lot Area.

                a.      One (1) acre.

        5.      Minimum Lot Width.

                a.      None.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot.

                b.      Ten (10) feet from the Side Lot Line. On corner lots the lot line(s) abutting
                        a street or highway shall have a 15 (fifteen) foot setback.

                c.      20 feet from the Rear Lot Line; for accessory structures ten (10) feet from
                        the Rear Lot Line.

        7.      Minimum Rear Setback for Structures.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 55
                a.      20 feet from the Rear Lot Line; for accessory structures ten (10) feet from
                        the Rear Lot Line.

        8.      Minimum Side Setback for Structures.

                a.      10 feet from the Side Lot Line. On corner lots the lot line(s) abutting a
                        street or highway shall have a (15) foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, and building accessories may
                        project twenty-four (24) inches into all setback spaces.
                b.      Un-walled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the front and rear setback space.

        10.     Maximum Height of Structures.

                a.      35 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, water towers, flagpoles, antennas, and fire
                        towers may be erected to any safe height not in conflict with other
                        regulations.

        12.     Required Open Space.

                a.      Zone Lots occupied by single-family dwellings shall maintain forty (40)
                        percent of the Zone Lot area as free and unobstructed open space.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the Front Lines from the
                        point of intersections of said lines and by a base line which connects the end
                        points of each forty (40) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 56
                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences, which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public, shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each single-family dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in an elementary school.

                        (5)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over 2,000 square feet
                                 of gross floor area of a community center.

                        (6)      One (1) parking space for each two hundred (200) square feet of
                                 gross floor area of a police or fire station.

                        (7)      One (1) parking space for every eight hundred (800) square feet of
                                 gross floor area of a library.

                        (8)      The exterior storage of up to two (2) unlicensed vehicles shall be
                                 permitted as an accessory use on any Zone Lot.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           57
                        (9)      The exterior storage of up to one (1) unoccupied mobile home shall
                                 be permitted as an accessory use on any zone lot. The stored mobile
                                 home shall be stored in the rear yard outside of any setback area. In
                                 addition, the stored mobile home shall be a minimum of twenty-five
                                 (25) feet from any residential structure.

                        (10)     Because the transportation chassis is not a permanent part of the
                                 modular home, a modular home is less mobile in nature than a
                                 mobile home. For this reason the exterior storage of an additional
                                 modular home that is not being used as a Permitted Accessory Use
                                 shall not be allowed.

                b.      Exempt. Other Permitted uses are exempt from required off-street parking.

        16.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    58
H.      R-3 (Multi-Family Residential) District

        The R-3 zone district is intended to accommodate mixed residential opportunities (single-
        family through four-plexes) in an organized and well-developed manner, with lot sizes of 3
        acres or greater. The R-3 district should be applied judiciously where urban conveniences
        and services are available or readily accessible. This zone should not be applied in isolated,
        rural locations or within areas developing as strictly single family residential. Site built
        modular, two-unit (duplex) and mobile homes (single- and double-wide) are permitted.
        Multi-unit (three units or more) are allowed under certain conditions. Public water and
        sewer is required. A permanent foundation meeting the requirements of this Resolution is
        required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses.

                a.      Dwelling, Multi-Family

                b.      Dwelling, Single-Family

                c.      Dwelling, Two-Family

                d.      Boarding or Rooming House

                e.      Church or Parish House

                f.      Community Center. May be public or private, but may not be operated for
                        profit or gain.

                g.      Club or Lodge

                h.      Day Care Center for Children

                i.      Fire Station

                j.      Hospital

                k.      Library

                l.      Museum

                m.      Nursing Home

                n.      Police Station

                o.      Post Office


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  59
                p.      Pre-School or Nursery School

                q.      Public Recreational Facilities

                r.      Public and Private Schools for Elementary and Secondary Education

                s.      Public Utility and Public Service Installations. Such use shall not include
                        business offices, repair, sales, or storage facilities, or sanitary landfill.

                t.      Railway Right-of-Way

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as an
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy.

                d.      If in a separate, detached structure from a Permitted Use, the gross floor
                        area devoted to the Accessory Use shall not exceed the gross floor area of
                        the Permitted Use. Separate, detached structures containing an Accessory
                        Use shall be at a minimum fifteen (15) feet from structures containing a
                        Permitted Use.

                e.      In the R-3 District a restaurant or cafeteria shall be considered a legitimate
                        Accessory Use only for the following Permitted Uses: boarding and/or
                        rooming house, nursing home, hospital, and elementary or secondary
                        school.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      7,500 square feet, plus an additional 3,000 square feet for each dwelling unit
                        in excess of two dwelling units in areas served by a public water and sewer
                        system.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 60
                b.      If no public water and sewer system is available, the required Minimum Lot
                        Area shall be one (1) acre for the first dwelling unit plus 3,000 square feet
                        for each dwelling unit in excess of two dwelling units.

        5.      Minimum Lot Width.

                a.      75 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot.

        7.      Minimum Rear Setback for Structures.

                a.      Structures containing a Permitted Use – twenty (20) feet from the Rear
                        Line.

                b.      Structures containing an Accessory Use only – ten (10) feet from the Rear
                        Line.

        8.      Minimum Side Setback for Structures.

                a.      Ten (10) feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a fifteen
                        (15) foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, and building accessories may
                        project twenty-four (24) inches into all setback spaces.

                b.      Unwalled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the front and rear setbacks.

        10.     Maximum Height of Structures.

                a.      Thirty-five (35) feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Church spires, church towers, water towers, flagpoles, antennas, and fire
                        towers may be erected to any safe height not in conflict with other
                        regulations.

        12.     Required Open Space.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   61
                a.      Zone Lots occupied by single-family dwelling shall maintain forty (40)
                        percent of the Zone Lot area as free and unobstructed open space.

                b.      Zone Lots occupied by boarding and rooming houses and nursing homes
                        shall maintain thirty (30) percent of the Zone Lot as free and unobstructed
                        open space.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each forty (40) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           62
                        (1)      Two (2) parking spaces for each dwelling unit.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      Two (2) parking spaces for each classroom in an elementary school.

                        (4)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                        (5)      One (1) parking space for every four hundred (400) square feet of
                                 gross floor area of a preschool, nursery school, or day care center for
                                 children.

                        (6)      Ten (10) parking spaces plus one (1) parking space for each two
                                 hundred (200) square feet of gross floor area over 2,000 square feet
                                 of gross floor area of a community center.

                        (7)      One (1) parking space for every two hundred (200) square feet of
                                 gross floor area of a police station, fire station, club or lodge, and
                                 ambulance service.

                        (8)      One (1) parking space for every six (6) beds in a nursing home.

                        (9)      One (1) parking space for every living unit in a rooming or boarding
                                 house.

                        (10)     One (1) parking space for every eight hundred (800) square feet of
                                 gross floor area in a museum or library.

                        (11)     Three (3) parking spaces for every bed in a hospital.

                        (12)     The exterior storage of up to two (2) unlicensed vehicles shall be
                                 permitted as an accessory use on any Zone Lot.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        16.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows.

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   63
                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.

                c.      No storage of hay, alfalfa, or straw shall be permitted on Zone Lot.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    64
I.      MH (Manufactured Home) District

        The MH district is intended to accommodate the development of well-designed mobile
        home subdivisions where each mobile unit is placed on its own designated lot. The MH
        zone should not be applied in isolated, rural locations or within areas developing as strictly
        single-family residential. The MH District shall require public water and sewer. An
        engineered foundation shall be structurally designed by a Wyoming Licensed Professional
        Engineer for the following: 1) Vertical stability: a) Rated anchorage capacity to prevent
        uplift and overturning due to wind or seismic forces, whichever controls. Screw-in soil
        anchors are not considered permanent anchorage; b) Footing size to prevent overloading the
        soil-bearing capacity and avoid soil settlement. Footing shall be reinforced concrete to be
        considered permanent; c) Base of footing below maximum frost-penetrating depth; d)
        Encloses a basement or crawl space with a continuous wall (whether bearing or non-
        bearing) that separates the basement or crawl space from the backfill, and keeps out vermin
        and water; 2) Lateral stability: Rated anchorage capacity to prevent sliding due to wind or
        seismic forces, whichever controls, in the transverse and longitudinal directions.
        (Resolution 09-03-CC-03)

        1.      Permitted Uses. The following uses may be operated as Permitted Uses.

                a.      Manufactured Home Subdivision containing or designed for three (3) or
                        more manufactured homes.

                b.      Church and Parish House

                c.      Community Center. May be public or private but may not be operated for
                        profit or gain.

                d.      Fire Station

                e.      Post Office

                f.      Public and Private Schools for Elementary and Secondary Education

                g.      Public Recreational Facilities

                h.      Public Utility and Public Service Installations. Such use shall not include
                        business offices, repair, sales, or storage facilities, or sanitary landfill.

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as an
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 65
                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy, except that a single-family dwelling
                        on its own Zone Lot for the owner or manager of a Manufactured Home
                        Subdivision may be considered a Permitted Accessory Use.

                d.      If in a separate, detached structure from a Permitted Use, the gross floor
                        area devoted to the Accessory Use shall not exceed the gross floor area of
                        the Permitted Use.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      For each manufactured home served by a public water or sewer system,
                        there shall be provided a minimum land area of 4,000 square feet exclusive
                        of public street right-of-way or private street easements. The required
                        minimum land area must be in the form of a separately designated Zone Lot
                        for each manufactured home sought to be accommodated.

                b.      For any single-family dwelling operated as a permitted Accessory Use there
                        shall be provided and maintained a separate land area of 7,500 square feet.

                c.      If no public water and sewer system is available, the required Minimum Lot
                        Area for each manufactured home or single-family, accessory dwelling shall
                        be a minimum of one (1) acre.

        5.      Minimum Lot Width.

                a.      40 feet at the Front Setback Line for a designated Zone Lot in a
                        Manufactured Home Subdivision.

                b.      100 feet at the Front Setback Line for all other Permitted Uses.

        6.      Minimum Front Setback for Structures.

                a.      20 feet from the Front Line of the Zone Lot or from the easement line of a
                        private street.

        7.      Minimum Rear Setback for Structures.

                a.      10 feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                66
                a.      For the entry side of the manufactured home unit, fifteen (15) feet from the
                        Side Line of the Zone Lot.

                b.      For the non-entry side of the manufactured home unit, ten (10) feet from the
                        Side Line of the Zone Lot.

                c.      On corner lots the lot line(s) abutting a street or highway shall have a fifteen
                        (15) foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Outdoor terraces, patios, steps, stairs, or window canopies may project four
                        (4) feet into any setback space.

        10.     Maximum Height of Structures.

                a.      28 feet. (Resolution 10-09-CC-04)

        11.     Required Open Space.

                a.      For each manufactured home there shall be provided and maintained at least
                        1,500 square feet of free and unobstructed open space.

                b.      Zone Lots occupied by boarding and rooming houses and nursing homes
                        shall maintain thirty (30) percent of the Zone Lot as free and unobstructed
                        open space.

        12.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending thirty-five (35) feet along the Front Lines
                        from the point of intersection of said lines and by a base line which connects
                        the end points of each thirty-five (35) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   67
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed in a Manufactured Home Subdivision.
                        Where a manufactured home district borders another zone district, the area
                        of common borders may have barbed wire or electrical charged fences for
                        control of livestock.

        13.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        14.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      Two (2) parking spaces for each manufactured home.

                        (2)      Two (2) parking spaces for each single-family dwelling operated as
                                 an Accessory Use in a Manufactured Home Subdivision or in use as
                                 a parish house.

                        (3)      One (1) parking space for each four (4) seats in a church.

                        (4)      Ten (10) parking spaces, plus an additional one (1) parking space for
                                 every two hundred (200) square feet of gross floor area over 2,000
                                 square feet of gross floor area of a community center.

                        (5)      One (1) parking space fore each two hundred (200) square feet of
                                 gross floor area of fire station.

                        (6)      The exterior storage of up to two (2) unlicensed vehicles shall be
                                 permitted as an accessory use on any Zone Lot.

                        (7)      Two (2) parking spaces for each classroom in an elementary school.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           68
                        (8)      One (1) parking space for each employee plus one (1) parking space
                                 for each five (5) students in a secondary school.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        15.     Street Standards

                a.      Where the individual manufactured home units in a Manufactured Home
                        District are served by dedicated public streets, those public streets shall be
                        platted and constructed according to the applicable street standards of
                        Sweetwater County.

                b.      Where individual manufactured home units are served by a private street
                        system, those streets shall:

                        (1)      Provide a driving surface of thirty-four (34) feet within an easement
                                 of forty (40) feet where parking is to be allowed on both sides of the
                                 street.

                        (2)      Provide a driving surface of twenty-five (25) feet within an
                                 easement of thirty (30) feet where parking is to be prohibited on
                                 both sides of the street.

                        (3)      Provide an additional easement width sufficient to accommodate a
                                 four (4) foot wide pedestrian walkway where walkways are required
                                 by the Land Use Department.

                        (4)      Be graded and well-drained.

                        (5)      Be accessible at all times to emergency vehicles.

        16.     Utilities.

                a.      Utility hookups shall be provided for each manufactured home unit in the
                        Manufactured Home Subdivision. These utilities shall include water, sewer,
                        gas, electricity, and telephone.

        17.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  69
                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      Tanks larger than 2,000 gallons shall not be permitted.

                c.      The space directly beneath each manufactured home shall be kept clean and
                        free from refuse. No flammable or explosive material shall be stored
                        beneath a manufactured home.

                d.      No materials, objects, or vehicles stored on a Zone Lot shall be located
                        within ten (10) feet of any entrance or exit door of a manufactured home or
                        shall otherwise obstruct emergency access.

                e.      No storage of hay, alfalfa, or straw shall be permitted on Zone Lot.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    70
J.      CRS (Commercial & Recreational Services) District

        The CRS district is intended to accommodate recreation specific uses and development.
        Good access and exposure to major routes is important for many of the uses. The zone
        district should be kept compact when it is used and not allowed to ramble so that services
        are spread over a wide area. The district is appropriate for application near natural
        recreational areas and near major highways. It should not be applied in such a manner that
        it would infringe on residential districts. This zone is designed to accommodate such uses
        as dude ranches, campgrounds and guide services. Residential and commercial uses
        associated with the primary recreation use may also be allowed as accessory uses. Within
        the Growth Management Area (GMA) public water is required. Depending on the location
        and lot size, public water and public sewer may be required. (Resolution 09-03-CC-03)

        1.      Permitted Uses. The following uses may be operated as Permitted Uses:

                a.      Aircraft Landing Strip

                b.      Automobile Laundry or Polishing Establishment

                c.      Bar, Lounge, or Night Club

                d.      Campground for Tent and Vehicular Campers

                e.      Churches and Parish Houses

                f.      Corral for Profit or Gain

                g.      Drive-In Restaurants

                h.      Drive-In Theater

                i.      Fairgrounds

                j.      Fire Station

                k.      Gasoline Filling Station, including LP gas

                l.      Gift, Art, Curio, or Novelty Shop

                m.      Golf Course or Miniature Golf Course

                n.      Golf Driving Range

                o.      Grocery Store

                p.      Helicopter Landing Site


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              71
                q.      Hotel or Motel

                r.      Laundromat

                s.      Lodge or Resort

                t.      Marina

                u.      Office

                v.      Parking of Vehicles

                w.      Police Station

                x.      Post Office

                y.      Recreational Facilities

                z.      Public Restroom and Shower Facilities

                aa.     Public Utility and Public Service Installations. For support of Utility,
                        Service and Improvement Districts only. Business offices, repair, sales or
                        storage facilities may be allowed by Conditional Use Permit. (Resolution
                        07-02-ZO-02)

                bb.     Racetrack or Hill Climbing Course

                cc.     Restaurant or Café

                dd.     Riding Accessory Shop (i.e. saddle shop)

                ee.     Riding Stable

                ff.     Roller Skating Rinks and Ice Skating Rinks

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              72
                c.      Does not include residential occupancy except by owners and employees
                        employed on the premises and their families provided, however, that no
                        more than one such dwelling unit shall be allowed for each Permitted Use
                        and that where permanent residential occupancy is conducted as an
                        Accessory Use, there shall be at least one (1) acre of land area. A distance
                        of fifteen (15) feet shall be maintained between the Permitted Use and any
                        residential accessory structure.

        3.      Permitted Home Occupations.

                (See Section 10)

        4.      Minimum Lot Area.

                a.      10,000 square feet provided, however, that if no public water and sewer
                        system is available, the required Minimum Lot Area shall be increased to a
                        minimum of one (1) acre.

        5.      Minimum Lot Width.

                a.      100 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot. The space resulting from this
                        front setback requirement shall be used only for access ways into the Zone
                        Lot, for landscaping, and for vehicular and equipment parking.

        7.      Minimum Rear Setback for Structures.

                a.      20 feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

                a.      Ten (10) feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a fifteen
                        (15) foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, chimneys, and building
                        accessories may project 24 inches into all setback spaces.

                b.      Un-walled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the Front and Rear setback space.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   73
        10.     Maximum Height of Structures.

                a.      35 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Chimneys, flagpoles, antennas, monuments, water towers, and fire towers
                        may be erected to any safe height not in conflict with other regulations.

        12.     Required Open Space.

                a.      None.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the Front Lines from the
                        point of intersection of said lines and by a base line which connects the end
                        points of each forty (40) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           74
        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      One parking space for every 800 square feet of gross floor area of an
                                 automobile laundry or polishing establishment.

                        (2)      One (1) parking space for each four (4) seats in a church.

                        (3)      One-half of the Zone Lot of a drive-in restaurant.

                        (4)      One (1) parking space for every 200 square feet of gross floor area
                                 of a gasoline filling station, gift shop, art shop, curio shop, novelty
                                 shop, restaurant, café, bar, lounge, night club, grocery store, or fire
                                 station.

                        (5)      One parking space per guest room in a motel, hotel, lodge, or resort.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        16.     Outdoor Storage of Fuel or Flammable Liquids – Above Ground.

                a.      For each Zone Lot the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gas (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – lot less than fifty (50) feet from any
                                 building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     75
                c.      The space directly beneath each manufactured home shall be kept clean and
                        free from refuse. No flammable or explosive material shall be stored
                        beneath a manufactured home.

                d.      No materials, objects, or vehicles stored on a Zone Lot shall be located
                        within ten (10) feet of any entrance or exit door of a mobile home or shall
                        otherwise obstruct emergency access.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               76
K.      C (General Commercial) District

        The C district is intended to accommodate heavy commercial and retail uses. These zones
        and associated uses are most applicable where convenient access, infrastructure and
        services are available, however, it is not intended that these zones be applied as a narrow
        commercial strip on each side of an important highway. Representative land uses in the C
        District include automotive sales, service and repair, farm implement sales, service and
        repair, convenience store, and mini-warehousing. Buffering as necessary may be required
        for safety and compatibility purposes. Within the Growth Management Area (GMA)
        public water is required. Depending on the location and lot size, public water and public
        sewer may be required. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses:

                a.      Ambulance Station

                b.      Automobile Laundry or Polishing Establishment

                c.      Automobile Part Shop

                d.      Automobile Repair, not including commercial wrecking, dismantling, or
                        junkyard

                e.      Automobile Sales and Service, new or used

                f.      Bar, Lounge, or Night Club

                g.      Boat Sales and Service

                h.      Bowling Alley

                i.      Church and Parish House

                j.      Clinic, medical or dental

                k.      Club or Lodge

                l.      Convenience Store

                m.      Day Care Center

                n.      Drive-In Restaurant

                o.      Drive-In Theater


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                77
                p.      Farm Implement Sales, Service, and Repair

                q.      Feed Store

                r.      Fire Station

                s.      Food Locker Plant

                t.      Garden Supply Store

                u.      Gasoline Filling Station, including LP gas

                v.      Greenhouses

                w.      Hardware Store

                x.      Heliport

                y.      Indoor Riding Arena

                z.      Kennel for the Keeping and Boarding of Household Pets Only

                aa.     Laboratory

                bb.     Laundromats

                cc.     Liquor Store

                dd.     Lumber Yard

                ee.     Mercantile

                ff.     Mini-Warehousing

                gg.     Mining and Drilling Equipment and Supplies; sales, service, and repair

                hh.     Mobile Homes and Camper Sales, Storage, and Service

                ii.     Motel or Hotel

                jj.     Mortuary

                kk.     Motorcycle and/or Bicycle Sales and Service

                ll.     Museum

                mm.     Office

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               78
                nn.     Police Station

                oo.     Post Office

                pp.     Parking of Vehicles

                qq.     Printing and Publishing

                rr.     Public and Private Schools for Elementary, Secondary, or Vocational
                        Education

                ss.     Recreational Facilities not involving firearms, motor vehicles or animals

                tt.     Public Utility and Public Service Installations

                uu.     Railway Right-of-Way

                vv.     Real Estate Brokerage Office

                ww.     Restaurant or Café

                xx.     Roller Skating Arena

                yy.     Snowmobiles Sales, Service, and Repair

                zz.     Special Trades Contractors Shops, including sales, plumbers, roofers,
                        printers, floorers, cabinetmakers, upholsterers, gunsmiths, and similar uses.

                aaa.    Theater

                bbb.    Tire Recapping

                ccc.    Tire Store

                ddd.    Veterinary Clinic

                eee.    Welding Equipment and Supplies

                fff.    Wholesaling, with stocks

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as
                Accessory Use to a Permitted Use:



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 79
                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                c.      Does not include residential occupancy except by owners and employees
                        employed on the premises and their families provided, however, that no
                        more than one such dwelling unit shall be allowed for each Permitted Use
                        and that where permanent residential occupancy is conducted as an
                        Accessory, there shall be at least one (1) acre of land area. A distance of
                        fifteen (15) feet shall be maintained between the Permitted Use and any
                        residential accessory structure.

                d.      If operated within a structure, shall not exceed a gross floor area of the
                        Permitted Use. If operated outside as an Accessory Use, shall not exceed 50
                        percent of the area of the Zone Lot.

        3.      Permitted Home Occupations

                a.      None allowed.

        4.      Minimum Lot Area

                a.      None required, provided, however, that if a public water and sewer system
                        is not available, the required Minimum Lot Area shall be one (1) acre.

        5.      Minimum Lot Width.

                a.      50 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot. The space resulting from this
                        front setback requirement shall be used only for access ways into the Zone
                        Lot, for landscaping, and for vehicular and equipment parking.

        7.      Minimum Rear Setback for Structures.

                a.      20 feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

                a.      10 feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a 15
                        foot setback.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               80
        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, chimneys, and building
                        accessories may project 24 inches into all setback spaces.

                b.      Un-walled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the Front and Rear Setback space.

        10.     Maximum Height of Structures.

                a.      50 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Chimneys, flagpoles, antennas, monuments, water towers, and fire towers
                        may be erected to any safe height not in conflict with other regulations.

        12.     Required Open Space.

                a.      None.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the front base line which
                        connects the end points of each forty (40) foot Front Line segment.

                b.      Electrically charged fences shall not be permitted.

                c.      Open mesh fences of any height may be erected on any part of the Zone
                        Lot.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           81
        15.     Off-Street Parking.

                a.      Required. The provision of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      One (1) parking space for every 800 square feet of gross floor area
                                 of an automobile laundry or polishing establishment.

                        (2)      One (1) parking space for every 400 square feet of gross floor area
                                 of an automobile sales, service, or repair establishment, boat sales,
                                 mining and drilling equipment sales, mobile home sales, motorcycle
                                 sales, sales area for a greenhouse, snowmobile sales, tire recap or
                                 tire store, or veterinary clinic.

                        (3)      One (1) parking space for every 300 square feet of gross floor area
                                 of a police station, lumberyard, mortuary, office, post office, and
                                 club or lodge.

                        (4)      One (1) parking space for every 200 square feet of gross floor area
                                 of an ambulance station, automobile parts shop, bar or lounge,
                                 clinic, fire station, food locker plant, garden supply store, gasoline
                                 filling station, hardware store, kennel, Laundromat, liquor store,
                                 restaurant or café.

                        (5)      Three (3) parking spaces for every lane in a bowling alley.

                        (6)      One (1) parking space for every four (4) seats in a church or theater.

                        (7)      One half the Zone Lot of a drive-in restaurant.

                        (8)      One quarter of the Zone Lot of a special trades contractor shop.

                        (9)      One quarter of the gross floor area of a laboratory or wholesaling
                                 establishment.

                        (10)     One (1) parking space per guest room of a hotel or motel.

                        (11)     Two (2) parking spaces for each classroom in an elementary school.

                        (12)     One (1) parking space for each employee, plus one additional
                                 parking space for every five (5) students in a secondary school.

                        (13)     Two (2) parking spaces per heli-pad, plus one per employee.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     82
        16.     Required Off-Street Loading.

                a.      In addition to the Off-Street Parking Requirements listed above, separate
                        space for off-street loading will be required if the nature of the operation of
                        the Permitted Use is such that:

                        (1)      It requires pick-up and delivery service by a vehicle over 10,000
                                 pounds empty weight in excess of one time each 24-hour day; and,

                        (2)      The loading and/or unloading operation typically requires in excess
                                 of 15 minutes time; and,

                        (3)      The only apparent loading space in the absence of a designated
                                 space for off-street loading is from a public right-of-way, street, or
                                 alley or space already devoted to required off-street parking.

                        (4)      Off-street loading space provided pursuant to the findings above
                                 shall have suitable and safe access and egress for the type of vehicle
                                 served and frequency of use, and each loading berth provided shall
                                 at a minimum be 12 feet wide by 35 feet long by 14 feet high.

        17.     Outdoor Storage of Fuel or flammable Liquids – Above Ground.

                a.      For each Zone Lot, the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than 50 feet from any building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    83
L.      B (Retail Business) District

        The B district is intended to accommodate convenience and consumer goods and services
        directly to the customer. It may take the form of a small shopping center or a small central
        business district for a small community. Due to the nature of the services provided, B
        zones may be appropriate adjacent to residential areas if adequate setbacks and design
        standards are implemented. Good design and adequate off-street parking should be a part
        of any new area devoted to this zone. Within the Growth Management Area (GMA) public
        water is required. Depending on the location and lot size, public sewer may be required.
        (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses:

                a.      Apparel Store

                b.      Auto Parts Store

                c.      Bakery

                d.      Bank

                e.      Beauty Shop and/or Barber Shop

                f.      Book Store

                g.      Bicycle Shop

                h.      Business Machine Shop

                i.      Candy or Confectionery Store

                j.      Church and Parish House

                k.      Clinic, medical and dental

                l.      Collection and Distribution Station for Laundry and Dry Cleaning

                m.      Delicatessen

                n.      Department Store

                o.      Dry Goods Store

                p.      Drug Store


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                84
                q.      Floral Shop

                r.      Fire Station

                s.      Food Store, including sale of meat, fish, dairy products, vegetables and fruit

                t.      Furniture Store

                u.      Garden Supply Store

                v.      Gasoline Filling Station

                w.      Gift or Novelty Shop

                x.      Grocery Store

                y.      Hardware Store

                z.      Hobby Shop

                aa.     Home Furnishings and Household Appliance Store for Sale at Retail Only

                bb.     Jewelry Store

                cc.     Laboratory, medical and dental

                dd.     Laundromat

                ee.     Library

                ff.     Liquor Store

                gg.     Locksmith

                hh.     Luggage store

                ii.     Musical Instrument Store

                jj.     Music Studio

                kk.     News Stand

                ll.     Office

                mm.     Paint and Wallpaper Store



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  85
                nn.     Parking of Vehicles: May be operated as a separate use and either as a lot
                        or structure.

                oo.     Pawn Shop

                pp.     Pet Store

                qq.     Photo Studio and/or Photo Processing

                rr.     Photostatting and/or Blueprinting

                ss.     Police Station

                tt.     Post Office

                uu.     Recreational Facilities not involving firearms, motor vehicles or animals

                vv.     Public Utility and Public Service Installations

                ww.     Radio and Television Sales and Service

                xx.     Radio or Television Station

                yy.     Real Estate Brokerage Office

                zz.     Restaurant, Bar, or Lounge

                aaa.    Savings and Loan Offices

                bbb.    Shoe Sales and Repair

                ccc.    Sporting Goods Store

                ddd.    Stationery Store

                eee.    Telephone Exchange

                fff.    Theater

                ggg.    Toy Store

                hhh.    Travel Agency

                iii.    Variety Store

        2.      Permitted Accessory Uses.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 86
                Any use which complies with all of the following conditions may be operated as
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                c.      Does not include residential occupancy except by owners and employees
                        employed on the premises and their families provided, however, that no
                        more than one such dwelling unit shall be allowed for each Permitted Use
                        and that where permanent residential occupancy is conducted as an
                        Accessory Use, there shall be at least one (1) acre of land area. A distance
                        of fifteen (15) feet shall be maintained between the Permitted Use and any
                        residential accessory structure.

                d.      If operated within a structure, shall not exceed a gross floor area equal to 50
                        percent of the gross floor are of the Permitted Use. If operated outside as an
                        Accessory Use, shall not exceed 50 percent of the area of the Zone Lot.

        3.      Permitted Home Occupations.

                a.      None allowed.

        4.      Minimum Lot Area.

                a.      None required, provided, however, that if a public water and sewer system
                        is not available, the required Minimum Lot Area shall be one (1) acre.

        5.      Minimum Lot Width.

                a.      50 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot. The space resulting from this
                        front setback requirement shall be used only for access ways into the Zone
                        Lot, for landscaping, and for vehicular and equipment parking.

        7.      Minimum Rear Setback for Structures.

                a.      20 feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

                a.      Ten (10) feet from each Side Line of the Zone Lot.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  87
                b.      On corner lots the lot line(s) abutting a street or highway shall have a fifteen
                        (15) foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, chimneys, and building
                        accessories may project twenty-four (24) inches into all setback spaces.

                b.   Un-walled porches, terraces, balconies, and exterior stairways may project
                     five (5) feet into the Front and Rear setback space.
        10.     Maximum Height of Structures.

                a.      Fifty (50) feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Chimneys, flagpoles, antennas, monuments, water towers, and fire towers
                        may be erected to any safe height not in conflict with other regulations.

        12.     Required Open Space.

                a.      None.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the front base line which
                        connects the end points of each forty (40) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere within the Zone Lot provided that they do not
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   88
        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amounts of off-street parking shall be required:

                        (1)      One parking space for every 800 square feet of gross floor area of a
                                 library.

                        (2)      One parking space for every 400 square feet of gross floor area of a
                                 home furnishing or home appliance store.

                        (3)      One parking space for every 300 square feet of gross floor area of a
                                 police station, office, or photo studio.

                        (4)      One parking space for every 4 seats of a theater.

                        (5)      One-fourth of the Zone Lot of a Photostatting or blueprinting
                                 establishment.

                        (6)      One parking space for each 200 square feet of gross floor area for all
                                 other listed Permitted Uses.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        16.     Required Off-Street Loading.

                a.      In addition to the Off-Street Parking Requirements listed above, separate
                        space for off-street loading will be required if the nature of the operation of
                        the Permitted Use is such that:

                        (1)      It requires pick-up and delivery service by a vehicle over 1,000
                                 pounds empty weight in excess of one time each 24-hour day; and,

                        (2)      The loading and/or unloading operation typically requires in excess
                                 of 15 minutes time; and,

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           89
                        (3)      The only apparent loading space in the absence of a designated
                                 space for off-street loading is from a public right-of-way, street, or
                                 alley or space already devoted to required off-street parking.

                b.      Off-street loading space provided pursuant to the findings above shall have
                        suitable and safe access and egress for the type of vehicle served and
                        frequency of use, and each loading berth provided shall at a minimum be 12
                        feet wide by 35 feet long by 14 feet high.

        17.     Outdoor Storage of Fuel or flammable Liquids – Above Ground.

                a.      For each Zone Lot, the storage of not more than forty (40) gallons of
                        gasoline shall be allowed above ground, and it shall be maintained in a safe
                        container.

                b.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than ten (10) feet from any building.

                        (3)      126 to 500 gallons – not less than fifteen (15) feet from any
                                 building.

                        (4)      501 to 2,000 gallons – not less than thirty (30) feet from any
                                 building.

                        (5)      2,001 to 5,000 gallons – not less than 50 feet from any building.

                        (6)      Tanks larger than 5,000 gallons shall not be permitted.

                c.      No storage of hay, alfalfa, or straw shall be permitted on any Zone Lot.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    90
M.      I-1 (Light Industrial) District

        The I-1 district is intended to accommodate manufacturing and light industrial land uses
        with few significant, external effects. Land uses within the I-1 zone may be required to
        meet specific setback / buffering requirements to remain compatible with adjacent land
        uses, particularly residential. The nature of light industrial land uses requires adequate
        services and infrastructure. These uses should be located adjacent to existing communities
        or in other areas where services are or can be provided. Representative uses in the I-1 zone
        include contractor‟s yard, welding shop, trucking operation. Within the Growth
        Management Area (GMA) public water is required. Depending on the location and lot size,
        public water and public sewer may be required. Buffering as necessary may be required for
        safety and compatibility purposes. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses:

                a.      Aircraft Landing Strip

                b.      Airport

                c.      Ambulance Station

                d.      Assembly or Fabrication from Component Parts or from Materials Already
                        Processed or Manufactured into their Final Usable State

                e.      Contractor‟s Yard for Vehicles, Equipment, and Supplies

                f.      Fire Station

                g.      Gasoline Filling Station including the Sale of LP gas

                h.      Green Houses and Plant Husbandry

                i.      Helicopter Landing Site

                j.      Heliport

                k.      Kennel

                l.      Laboratory. Dangerous or noxious chemicals must be stored and used in a
                        completely enclosed structure. Noise and fumes must not be evident
                        beyond the boundaries of the Zone Lot.

                m.      Wood Recycling Shop

                n.      Laundry and Dry-Cleaning Plant

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                91
                o.      Liquid Nitrogen Plant

                p.      Lumber Yard

                q.      Mini-Warehousing (Resolution 07-10-ZO-02)

                r.      Mobile Home and Camper Sales and Storage including Repair and
                        Maintenance

                s.      Office

                t.      Parking or Storage of Vehicles

                u.      Recreational Facilities not involving firearms, motor vehicles or animals

                v.      Police Station

                w.      Post Office

                x.      Printing and Publishing

                y.      Public Utility or Public Service Installations

                z.      Radio or Television Transmitting Station

                aa.     Railway or Right-of-Way

                bb.     Restaurant

                cc.     School for Training in Occupational Skills

                dd.     Special Trades Contractor Shops – including sales – plumbers, roofers,
                        printers, floorers, cabinetmakers, upholsterers, gunsmiths, and similar uses.

                ee.     Tire Store

                ff.     Truck Repair

                gg.     Trucking - No more than ten (10) trucks and their single trailer units shall be
                        allowed in association with the Permitted Use. Maintenance buildings shall
                        be limited to no more than two (2) truck bays. Offices are permitted.

                hh.     Veterinary Hospital/Clinic

                ii.     Warehousing, Storage, and Sale at Wholesale of Already Manufactured
                        Products Except Explosives

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  92
                jj.     Welding Shop

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.

                b.      Is operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                c.      Does not include residential occupancy except by owners and employees
                        employed on the premises and their families provided, however, that no
                        more than one such dwelling unit shall be allowed for each Permitted Use
                        and that where permanent residential occupancy is conducted as an
                        Accessory Use, there shall be at least one (1) acre of land area. A distance
                        of fifteen (15) feet shall be maintained between the Permitted Use and any
                        residential accessory structure.

                d.      Does not include an area of over ten (10) percent of the area of the Zone
                        Lot.

        3.      Permitted Home Occupations.

                a.      None allowed.

        4.      Minimum Lot Area.

                a.      10,000 square feet, provided, however that if no public water and sewer
                        system is available, the required minimum lot area shall be one (1) acre.

        5.      Minimum Lot Width.

                a.      75 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot. The space resulting from this
                        front setback requirement shall be used only for access ways into the Zone
                        Lot, for landscaping, and for vehicular and equipment parking.

        7.      Minimum Rear Setback for Structures.

                a.      20 feet from the Rear Line of the Zone Lot.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                93
        8.      Minimum Side Setback for Structures.

                a.      10 feet from each Side Line of the Zone Lot.

                b.      On corner lots the lot line(s) abutting a street or highway shall have a 15
                        foot setback.

        9.      Permitted Encroachments on Setback Space.

                a.      Belt courses, sills, lintels, exterior columns, chimneys, and building
                        accessories may project 24 inches into all setback spaces.

                b.      Un-walled porches, terraces, balconies, and exterior stairways may project
                        five (5) feet into the Front and Rear setback space.

        10.     Maximum Height of Structures.

                a.      50 feet.

        11.     Permitted Exceptions to Maximum Height.

                a.      Chimneys, flagpoles, antennas, monuments, water towers, and fire towers
                        may be erected to any safe height not in conflict with other regulations.

        12.     Required Open Space.

                a.      None.

        13.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty (40) feet along the front base line which
                        connects the end points of each forty (40) foot Front Line segment

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be places or
                        erected anywhere within the Zone Lot provided that they do not


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 94
                        substantially obstruct vision through the triangular clear vision area of a
                        corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        15.     Off-Street Parking

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amount of off-street parking shall be required:

                        (1)      One parking space for each 200 square feet of gross floor area of an
                                 ambulance station, fire station, kennel or veterinary clinic.

                        (2)      One parking space fore each 300 square feet of gross floor area of a
                                 laundry or dry-cleaning plant, office, police station, lumberyard, or
                                 radio or television transmitting station.

                        (3)      One parking space for each 1,000 square feet of gross floor area of
                                 an assembly plant, green house, laboratory, or warehouse.

                        (4)      One-fourth the Zone Lot of a caretaker‟s storage yard.

                        (5)      One parking space for every employee plus one parking space for
                                 every five (5) students of a vocational/technical school.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        16.     Required Off-Street Loading.

                a.      In addition to the Off-Street Parking requirements listed above, a separate
                        space for off-street loading shall be provided for each 25,000 square feet of
                        gross floor area or portion thereof contained in the Permitted Use. Each off-
                        street loading space shall have suitable and safe access and egress and shall,
                        at a minimum, be 12 feet wide by 35 feet long by 14 feet high.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           95
        17.     Outdoor Storage of Fuel or Flammable Liquids –Above Ground.

                a.      Above ground, outdoor storage of fuel or flammable liquids shall be
                        operated under the same ownership and on the same Zone Lot as the
                        Permitted Use.

                b.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least 50 feet
                                 from any building with human occupancy and 30 feet from
                                 boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 101 to 500 gallon capacity shall be
                                 placed not closer than 100 feet from any residence or any occupied
                                 building.

                        (3)      All gasoline storage tanks of 501 to 1000 gallon capacity shall be
                                 placed at least 200 feet from any residence or occupied building.

                        (4)      A gasoline tank or gasoline tanks totaling more than 1000 gallons
                                 not to exceed 18,000 gallons shall be at least 500 feet from any
                                 residence. Design and Construction of the tanks shall be in strict
                                 accordance with the Uniform Fire Code, 1991 Ed., as amended.

                c.      All storage tanks above ground shall be anchored and diked to hold total
                        contents of tanks.

                d.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restrictions on distance from any
                                 building.

                        (2)      81 to 125 lb. bottle – not less than 10 feet from any building.

                        (3)      126 to 500 gallons – not less than 15 feet from any building.

                        (4)      501 to 2,000 gallons – not less than 30 feet from any building.

                        (5)      2,001 to 15,000 gallons – not less than 50 feet from any building.

                        (6)      Tanks larger than 15,000 gallons shall not be permitted.

                e.      All outdoor storage of material shall be enclosed by a fence or structure.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      96
N.      I-2 (Heavy Industrial) District

        The I-2 district is intended to accommodate major industries likely to have considerable
        impact on adjacent land uses. This zone should not be located adjacent to residential areas
        and some commercial areas. This zone is most suitable for isolated, industrial locations
        where adequate facilities can be made available. Examples of uses appropriate for the
        Heavy Industrial (I-2) zone district include bulk storage, tank farms, and asphalt and
        concrete plants, warehousing and storage, manufacturing. Within the Growth Management
        Area (GMA) public water is required. Depending on the location and lot size, public sewer
        may be required. Buffering as necessary may be required for safety and compatibility
        purposes. (Resolution 09-03-CC-03)

        1.      Permitted Uses.

                The following uses may be operated as Permitted Uses:

                a.      Agriculture

                b.      Aircraft Landing Strip

                c.      Ambulance Station

                d.      Animal or Livestock Feed Lots and Sales

                e.      Asphalt Mixing Plant

                f.      Bottling Plant

                g.      Bulk Plant, gasoline or LP gas

                h.      Chemical Fertilizer and Weed Pest Control Products

                i.      Compressor Station

                j.      Contractor‟s Yard for Vehicles, Equipment, and Supplies

                k.      Fire Station

                l.      Gasoline Filling Station including the Sale of LP Gas

                m.      Grain Elevator

                n.      Grain and Feed Mill

                o.      Hatchery

                p.      Heavy Equipment Sales, Service, and Repair

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               97
                q.      Helicopter Landing Site

                r.      Incinerator

                s.      Laundry and Dry-Cleaning Plant

                t.      Lumber Yard

                u.      Manufacturing, Processing, or Fabrication

                v.      Oil, Gas, or Mineral Exploration or Drilling

                w.      Recreational Facilities not involving firearms, motor vehicles or animals

                x.      Parking or Storage of Vehicles

                y.      Police Station

                z.      Post Office

                aa.     Public Utility or Public Service Installations

                bb.     Railroad Facilities including Shops and Yards

                cc.     Ready-Mix Cement Plant

                dd.     Refinery

                ee.     Sawmill

                ff.     Trucking or Freight Terminal

                gg.     Veterinary Hospital/Clinic

                hh.     Welding Shop

                ii.     Wholesaling, Warehousing and Storage

        2.      Permitted Accessory Uses.

                Any use which complies with all of the following conditions may be operated as
                Accessory Use to a Permitted Use:

                a.      Is clearly incidental and customary to and commonly associated with the
                        operation of the Permitted Use.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 98
                b.      Is operated and maintained under the same ownership and on the same Zone
                        Lot as the Permitted Use.

                c.      Does not include residential occupancy except by owners and employees
                        employed on the premises and their families provided, however, that no
                        more than one such dwelling unit shall be allowed for each Permitted Use,
                        and that where permanent residential occupancy is conducted as an
                        Accessory Use, there shall be at least one (1) acre of land area. A distance
                        of fifteen (15) feet shall be maintained between the Permitted Use and any
                        residential accessory structure.

                d.      Does not include an area of over ten (10) percent of the area of the Zone
                        Lot.

        3.      Permitted Home Occupations.

                a.      None allowed.

        4.      Minimum Lot Area.

                a.      10,000 square feet, provided, however, that if no public water and sewer
                        system is available, the required minimum lot area shall be one (1) acre.

        5.      Minimum Lot Width.

                a.      75 feet at the Front Setback Line.

        6.      Minimum Front Setback for Structures.

                a.      25 feet from the Front Line of the Zone Lot.

        7.      Minimum Rear Setback for Structures.

                a.      20 feet from the Rear Line of the Zone Lot.

        8.      Minimum Side Setback for Structures.

                a.      20 feet from each Side Line of the Zone Lot.

        9.      Permitted Encroachments on Setback Space.

                a.      No building appurtenances shall project more than 24 inches into any
                        setback space.

        10.     Maximum Height of Structures.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                99
                a.      Structures may be erected to any height not in conflict with any other
                        regulations.

        11.     Required Open Space.

                a.      None.

        12.     Fences, Walls, Retaining Walls, and Hedges.

                a.      On corner lots there shall be maintained a triangular clear vision area in
                        which no closed fence, wall, retaining wall, or hedge may be placed or
                        erected except as provided by this Resolution. The triangular clear vision
                        area shall be defined as that portion of the Zone Lot formed on two sides by
                        the Front Lines and extending forty-five (45) feet along the Front Lines
                        from the point of intersection of said lines and by a base line which connects
                        the end points of each forty-five (45) foot Front Line segment.

                b.      Plantings may be maintained in a triangular clear vision area provided that
                        such plantings do not obstruct vision through the triangular clear vision area
                        between the vertical distances of two (2) feet in height and eight (8) feet in
                        height. Such vertical distances shall be measured above the elevation at the
                        point where the centerlines of intersecting streets cross.

                c.      Ornamental iron fences, split rails, or open mesh fences may be placed or
                        erected anywhere with the Zone Lot provided that they do not substantially
                        obstruct vision through the triangular clear vision area of a corner Zone Lot.

                d.      Barbed wire, electrical charged fences, and other fences which due to their
                        design, construction, and/or installation constitute a potential or real danger
                        to the public shall not be allowed.

        13.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)

        14.     Off-Street Parking.

                a.      Required. The provisions of Section 8, Off-Street Parking Maintenance,
                        shall be in full force and effect for this District. For the uses as indicated the
                        following amount of off-street parking shall be required:


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           100
                        (1)      One (1) parking space for each 200 square feet of gross floor area of
                                 an ambulance station, fire station, or gasoline filling station.

                        (2)      One (1) parking space for each 300 square feet of gross floor area of
                                 a lumberyard.

                        (3)      One (1) parking space for each 400 square feet of gross floor area of
                                 a veterinary clinic, heavy equipment sales, or welding shop.

                        (4)      One tenth of the area of a Zone Lot occupied by a bulk plant, grain
                                 elevator or mill, grinding mill, hatchery, junkyard, warehouse,
                                 refinery, or railroad facilities.

                        (5)      One-quarter of the Zone Lot of an asphalt mixing plant, contractor‟s
                                 yard, trucking or freight terminal, manufacturing or processing
                                 plant, ready-mix cement plant, or slaughterhouse.

                        (6)      One (1) parking space for each 1,000 square feet of gross floor area
                                 of a bottling plant and chemical fertilizer storage facility.

                b.      Exempt. Other Permitted Uses are exempt from required off-street parking.

        15.     Required Off-Street Loading.

                a.      In addition to the Off-Street Parking Requirements listed above, a separate
                        space for off-street loading shall be provided for each 25,000 square feet of
                        gross floor area or portion thereof contained in the Permitted Use. Each off-
                        street loading space shall have suitable and safe access and egress and shall,
                        at a minimum, be 12 feet wide by 35 feet long by 14 feet high.

        16.     Outdoor Storage of Fuel of Flammable Liquid – Above Ground.

                a.      Above ground gasoline storage shall be stored as follows:

                        (1)      Gasoline Storage tanks up to 100 gallons shall be at least 50 feet
                                 from any building with human occupancy and 30 feet from
                                 boundary lines of the Zone Lot.

                        (2)      All gasoline storage tanks of 101 to 500 gallon capacity shall be
                                 placed no closer than 100 feet from any residence or any occupied
                                 building.

                        (3)      All gasoline storage tanks over 501-gallon capacity shall be placed
                                 at least 200 feet from any residence or occupied building.

                        (4)      501 to 2,000 gallons – not less than 30 feet from any building


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     101
                        (5)      2,001 to 30,000 gallons – not less than 50 feet from any building.

                        (6)      Tanks larger than 30,000 gallons shall not be permitted.

                b.      All tanks shall be diked and anchored to prevent the complete escape of
                        liquid in the event of a rupture of the storage tank.

                c.      Liquefied Petroleum Gases (LP gas) shall be stored as follows:

                        (1)      One bottle – 80 lbs. or less – no restriction on distance from any
                                 building.

                        (2)      81 to 125 lb bottle – not less than 10 feet from any building.

                        (3)      126 to 500 gallons – not less than 15 feet from any building.

                        (4)      501 to 2,000 gallons – not less than 30 feet from any building.

                        (5)      2,001 to 30,000 gallons – not less than 50 feet from any building.

                        (6)      Tanks larger than 30,000 gallons shall not be permitted.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     102
O.      AO (Rock Springs-Sweetwater County Airport - Airport Influence Area Overlay)
        District

        1.      Intent

                a.       This resolution is meant to minimize exposure of residential and other
                         sensitive land uses to aircraft overflight areas, to avoid danger from aircraft
                         overflight areas, to avoid danger from aircraft accidents; and to encourage
                         compatible land uses within the area; and to restrict noncompatible land
                         uses within the airport influence area. Noncompatible land uses can be
                         defined as:

                         (1)     Residential and other noise sensitive uses.

                         (2)     Congregations of people in approach and departure areas to protect
                                 people and property on the ground.

                         (3)     Manmade and natural structures that can interfere with flight.

                         (4)     Uses that may be affected by vibration or fumes from aircraft
                                 operations.

                         (5)     Uses of land on the airport that interfere with areas needed for
                                 aviation-related activities.

                b.       The Rock Springs-Sweetwater County Airport – Airport Influence Area
                         Overlay District shall be superimposed on designated lands near the Rock
                         Springs – Sweetwater County Airport in addition to other basic zone
                         districts already described in the Zoning Resolution of Sweetwater County.
                         When provisions of the Airport Influence Area Overlay District (AO)
                         conflict with regulations of the base zone district, the more restrictive
                         provisions shall be applied.

        2.      Airport Influence Area Overlay District, (AO)

                a.       The purpose of this district is to maintain land use compatibility in the areas
                         influenced by airport operations. Permitted uses should consider the factors
                         of airport operations, overflight exposure and density of proposed
                         development. A special mandatory review process should study each land
                         use change proposal to determine its specific compatibility. All land use
                         change proposals in the Airport Influence Area Overlay District shall be
                         considered only after a prior review and comment by the Airport Board and
                         the Airport Manager. The imposition of avigation easements will be
                         required for all development in the Airport Influence Area Overlay District.
                         Notice to prospective buyers of property within the district, particularly for
                         residential use purposes, through fair disclosure, is strongly recommended.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     103
        3.      General Provisions

                a.      Jurisdiction: This section shall apply to all lands within or around the airport
                        which would be impacted by air traffic, overflight or any hazard related to
                        the operation and maintenance of an airport facility whose operation may
                        increase or whose fleet mix of aircraft may change.

                b.      Boundaries: The approximate boundaries of all established airport influence
                        areas shall be as they appear on the most current Off-Airport Land Use
                        Plan, being a component of the most current Rock Springs-Sweetwater
                        County Airport Layout Plan, or other documents approved by the
                        Sweetwater County Planning and Zoning Commission and the Sweetwater
                        County Board of County Commissioners.

                c.      Warning and Disclaimer of Liability: The degree of protection provided by
                        this section is considered reasonable for regulatory purposes and is based on
                        engineering and scientific methods of study. This section does not imply
                        that areas outside of the airport influence area district will be totally free
                        from hazards. Nor shall this section create a liability on the part of or a
                        cause of action against the County or any officer or employee thereof for
                        any damages that may result directly or indirectly from the reliance on this
                        section.

        4.      Uses

                a.      No building or land shall be used and no building shall hereafter be erected,
                        converted or structurally altered unless otherwise provided for herein, with
                        the exception of one or more of the following uses:

                        (1)      No use may be made of land within the designated Airport Influence
                                 Area Overlay District in such a manner as to create electrical
                                 interference with radio communication between the airport and
                                 aircraft, make it difficult for pilots to distinguish between airport
                                 lights and other lights, cause glare in the eyes of pilots using the
                                 airport, impair visibility in the vicinity of the airport or otherwise
                                 endanger the landing, taking off, or maneuvering of aircraft at the
                                 airport or in the vicinity of the airport. Review of land use proposals
                                 and/or changes shall utilize the airport influence area overlay district
                                 boundaries and their relationship to airport operations.

                        (2)      The regulations prescribed in this section shall not be construed to
                                 require the removal, lowering, or other changes or alteration of any
                                 structure or object of natural growth not conforming to this section
                                 as of the effective date of this section, or otherwise interfere with the
                                 continuance of any nonconforming use.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     104
                        (3)      Nothing herein contained shall require any change in the
                                 construction, alteration, or intended use of any structure, the
                                 construction or alteration of which was begun prior to the effective
                                 date of this section and is diligently prosecuted; provided, however,
                                 that when the nonconforming structure is destroyed or damaged to
                                 the extent of over 50% of the appraised value of the nonconforming
                                 structure, any reuse, reconstruction or replacement shall be deemed
                                 a new use or shall be subject to the applicable provisions of these
                                 regulations.

                        (4)      The owner of any nonconforming structure or object of natural
                                 growth is hereby required to permit the installation, operation and
                                 maintenance thereon of such markers and lights as shall be deemed
                                 as necessary by the Airport Board and Airport Manager to indicate
                                 to the operators of aircraft in the vicinity of the airport the presence
                                 of such nonconforming structures or objects of natural growth.
                                 Such markers and lights shall be installed, operated, and maintained
                                 at the expense of the airport owners.

        5.      Special Limitations Within the Airport Influence Area District

                a.      Height Limitations

                        (1)      Height limitations within the Airport Influence Area Overlay
                                 District, except as otherwise provided in this section, are subject to
                                 the limitation of the district within which the property is located, and
                                 as set forth by the Federal Aviation Administration (FAA) in the
                                 Federal Aviation Regulations (FAR), Part 77. No structure or object
                                 of natural growth shall be constructed, erected, altered, allowed to
                                 grow, or to be maintained in excess of height limits and zones herein
                                 established.(What height limits and zones established herein?)

                        (2)      Submission of a „Notice of Proposed Construction and Alteration‟
                                 (Form 7460-1), and subsequent approval from the Federal Aviation
                                 Administrator shall be required for the construction or alteration of
                                 any structure penetrating a 100:1 foot plane located within twenty
                                 thousand (20,000) feet of any runway. Receipt of FAA Form 7640-
                                 9 Determination of No Hazard for any structure is required before
                                 issuing a Sweetwater Zoning Permit.

                        (3)      FAR Part 77 Imaginary Surface Limitations

                        (4)      Imaginary surface limitations as prescribed by Federal Aviation
                                 Regulation Part 77, within the Airport Influence Area Overlay
                                 District include all land and air space within the area, which would
                                 be hazardous to air navigation. These limitations represent areas
                                 above imaginary surfaces and are designed to regulate the height of

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    105
                                 structures and trees in the airport vicinity. They are set forth by the
                                 FAA in the Federal Aviation Regulations, Part 77. All of the
                                 surface limitation categories listed below have their dimensions
                                 given in the most recent FAA approved Rock Springs-Sweetwater
                                 County Airport Layout Plan.

                                 a.      Runway Protection Zone: A runway protection zone (RPZ)
                                         is trapezoidal in shape and centered about the extended
                                         runway centerline. The RPZ is the land at ground level that
                                         begins 200 feet beyond the end of each runway.

                                 b.      Object Free Area: The object free area (OFA) is a two-
                                         dimensional ground area surrounding runways, taxiways and
                                         taxilanes which is clear of all objects except those whose
                                         location is fixed by function and excepted by the FAA.

                                 c.      Runway Safety Area: A defined surface area surrounding
                                         the runway prepared or suitable for reducing the risk of
                                         damage to airplanes.

                                 d.      Primary Surface: A Part 77 airport surface longitudinally
                                         centered on a runway. The primary surface extends 200 feet
                                         beyond the paved surface end.

                                 e.      Approach Surface: A surface longitudinally centered on the
                                         extended runway centerline and extending outward and
                                         upward from each end of the primary surface. An approach
                                         surface is applied to each end of each runway based upon
                                         the type of approach available or planned for that runway
                                         end. Refer to the ALP for the airport to determine the
                                         approach surfaces and slope for the runway.

                                 f.      Transitional Surfaces: The transitional surfaces are located
                                         on both sides of the approach and primary surfaces. These
                                         surfaces extend outward and upward at right angles to the
                                         runway centerline and runway centerline extended, at a
                                         slope of 7 feet horizontal for every 1 foot vertical rise from
                                         the sides of the primary and approach surfaces, until it
                                         reaches 150 feet above the highest point on any runway
                                         (airport elevation).

                                 g.      Horizontal and Conical Surfaces: These are the upper
                                         aeronautical surfaces surrounding an airport that are used by
                                         aircraft for turning and maneuvering in close proximity to
                                         the airport preceding landing and immediately after takeoff.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   106
                b.      Land Use Limitations

                        (1)      To assume the protection of the public from overflight impacts and
                                 hazards associated with flying operations, and to comply with FAR
                                 Part 77, the following airport zones are established.

                                 a.       Horizontal and Conical Surfaces Zone: Exposure to airport
                                          overflight is considered minimal, but increases or the
                                          runway ends are approached. Residential construction
                                          should be limited to low-density development. The siting of
                                          public facilities, such as hospitals, schools, churches, etc.,
                                          should be especially reviewed and noise-sensitive
                                          development near runway approaches should be
                                          discouraged.

                                 b.       Approach Surface Zone: Exposure to airport noise is
                                          considered moderate. Residential and public facilities
                                          should be especially reviewed and prohibited in the
                                          approach surface zone. Nonresidential development should
                                          be restricted as to density and should only be approved
                                          provided noise attenuation measures are incorporated into
                                          facility design.

                                 c.       Runway Protection Zone: All land in this zone should be
                                          kept clear of any structures. Land use in this area should be
                                          restricted to open space or agriculture.

                c.      Critical Zones:

                        (1)      Areas 2,000 feet wide extending 5,000 feet horizontally from a
                                 point 200 feet from each end of visual runways

                        (2)      Areas 4,000 feet wide extending 10,000 feet horizontally from a
                                 point 200 feet from each end of instrument runways.

                        (3)      Besides the overlapping concerns of the above zones 3 zones
                                 2.b.1.(a), 2.b.1.(b), and 2.b.1.(c). the critical zones need to require
                                 that no use may be made or activity carried on, on land within this
                                 zone in a manner as to:

                                 a.       Create electrical interference with navigational signals or
                                          radio communication between the airport and aircraft;

                                 b.       Make it difficult for pilots to distinguish between airport
                                          lights and other lighting;

                                 c.       Result in glare in the eyes of pilots using the airport;

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                        107
                                 d.      Impair visibility in the vicinity of the airport; or

                                 e.      Otherwise in any way create a hazard or endanger the
                                         landing, takeoff, or maneuvering of aircraft intending to use
                                         the airport.

        6.      Avigation Easement

                An avigation easement is a nonpossessing property interest in airspace over a land
                parcel or portion of land. It is a legally developed document obtained by an airport
                to cover items such as the right of flight, right to remove obstructions, etc., but not
                necessarily to the extent of prohibiting the use of the land within the limits of the
                rights obtained (see Sample Avigation and Hazard Easement form attached hereto).

        7.      Fair Disclosure Statements

                Fair disclosure statements serve to notify prospective buyers of property near
                airports that they may be exposed to potentially impactive levels of aircraft
                overflight. These statements in no way abrogate an individual‟s right to take later
                action against the airport, but they at least give buyers a fair warning (see sample
                Fair Disclosure Statement form attached hereto).




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   108
P.      MD (Mineral Development) District

        All mineral extraction or production and ancillary facilities shall take place in the Mineral
        Development District. The District is intended to be used by itself or, in the case of
        underground mining, as an overlay district in conjunction with one of the other zone district
        classifications established by this Resolution to control the surface use of the land.

        1.      Permitted Uses – MD-1.

        2.      The following uses may be operated as Permitted Uses in all areas designated MD-
                1 on the Official Zone Map.

                a.      Helicopter Landing Site

                b.      Quarrying of Sand, Gravel or Rock

                c.      Surface Mining

                d.      Surface Mining

                e.      Underground Mining

                f.      Oil, Gas or Mineral Exploration, Production, Processing, Separation or
                        Storage

                g.      Railway Right-of-Way

                h.      Communication Booster, Repeater Tower or Facility (Resolution 09-05-
                        CC-01)

        3.      Permitted Uses – MD-2.

        4.      The MD-2 designation may be used in conjunction with any zone district
                classification on the Official Zoning Map and shall act to allow the following
                Permitted Uses in addition to those already permitted in the basic zone district.

                a.      Underground Mining

                b.      Oil, Gas or Mineral Exploration or Drilling

                c.      Railway Right-of-Way

        5.      Permitted Accessory Uses.

                a.      Accessory Uses which are clearly incidental and customary to and
                        commonly associated with the operation of a Permitted Use shall be
                        allowed in areas designated MD-1 and MD-2.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                109
                b.      In the basic zone district used in conjunction with the MD-2 designation, the
                        applicable Accessory Use provisions of this Resolution shall apply.

                c.      Does not include residential occupancy except by a caretaker or watchman
                        and that where permanent residential occupancy is conducted as an
                        Accessory Use, there shall be at least one acre of land area. A distance of
                        fifteen (15) feet shall be maintained between any Permitted Use and any
                        residential accessory structure.

        6.      Permitted Home Occupations.

                a.      No home occupation shall be allowed in connection with the Permitted Uses
                        in the MD-1 District.

                b.      In the basic zone district the applicable Home Occupation provisions shall
                        apply.

        7.      Minimum Lot Area.

                a.      There shall be no Minimum Lot Area provisions for the Permitted Uses of
                        the MD-1 District.

                b.      For Permitted Uses of the basic zone district the applicable Minimum Lot
                        Area provisions shall apply.

        8.      Minimum Lot Width.

                a.      There shall be no Minimum Lot Width requirements for the Permitted Use
                        of the MD-1 District.

                b.      For Permitted Uses of the basic zone district the applicable Minimum Lot
                        Width requirements shall apply.

        9.      Minimum Setback for Structures.

                a.      There shall be no Minimum Setback for Structures in the MD-1 District.

                b.      For Permitted and Accessory Uses of the basic zone district the applicable
                        Minimum Setback requirements shall apply.

        10.     Permitted Encroachments on Setback Space.

                a.      No structure associated with a Permitted Use in an area designated MD-1
                        shall extend beyond the lines of the Zone Lot on which the Permitted Use is
                        located nor beyond the area designated MD-1.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                110
                b.      For Permitted Uses and Accessory Uses of the basic zone district the
                        applicable Encroachment provisions shall apply.

        11.     Maximum Height of Structures.

                a.      Structures associated with a Permitted Use in an area designated MD-1 may
                        be erected to any safe height not in conflict with any other applicable
                        regulations.

                b.      Structures associated with Permitted Uses and Accessory Uses of the basic
                        zone district shall be governed by the applicable Maximum Height of
                        Structures provisions of the basic zone district.

        12.     Required Open Space.

                a.      There shall be no open space requirements for the Permitted Use of the
                        MD-1 District.

                b.      For the Permitted Uses of the basic zone district the applicable Required
                        Open Space provisions shall apply.

        13.     Fences, Walls, and Retaining Walls.

                a.      There shall be no restrictions on fences, walls, and retaining walls
                        associated with Permitted Uses of the MD-1 District.

                b.      For fences, walls and retaining walls in the basic zone district the applicable
                        provisions of the basic zone district shall apply.

        14.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations ................................ (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger(See Section 16)

        15.     Off-Street Parking

                a.      All off-street parking associated with the operation of a Permitted Use of the
                        MD District shall be located on the same Zone Lot as the Permitted Use.

                b.      For Permitted Uses of the basic zone district the applicable off-street
                        parking requirements shall apply.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           111
        16.     Off-Street Loading

                a.      All off-street loading associated with the operation of a Permitted Use of the
                        MD District shall be located on the same Zone Lot as the Permitted Use.

                b.      For Permitted Uses of the basic zone district the applicable Off-Street
                        Loading requirements shall apply.

        17.     Outdoor Storage and Waste Disposal.

                a.      All materials or wastes associated with the operation of a Permitted Use of
                        the MD District shall be stored on the same Zone Lot as the Permitted Use.

                b.      No materials or wastes associated with the operation of a Permitted Use of
                        the MD District shall be stored in such a manner as to constitute a fire
                        hazard.

                c.      The applicable basic zone district provisions shall apply to the storage of
                        materials or wastes in the basic zone district.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 112
Q.      LS – (Special Overlay District Governing Minimum Lot Size)

        Purpose: It shall be the purpose of this district to create a special overlay district to provide
        landowners as well as other interested parties the ability to be more restrictive in minimum
        lot size for any zoning district. If provisions of this section conflict with those of the
        overlain basic zone district, then the more restrictive regulations shall be applied.

        1.      No special Permitted Uses are enumerated for the minimum Lot Size Overlay
                District. Subject to restrictions hereinafter set forth, those Permitted Uses
                enumerated for the basic zone district being used in combination with the Minimum
                Lot Size Overlay District shall be allowed.

        2.      Permitted Accessory Uses.

                Subject to restrictions hereinafter set forth, those Accessory Uses allowed in
                combination with the Minimum Lot Size Overlay District shall be allowed.

        3.      Permitted Home Occupations.

                The provisions of the Home Occupation section of the basic zone district shall
                apply.

        4.      Minimum Lot Area.

                There shall be no minimum lot area established for any specific zoning district.
                Rather, it shall be determined on an individual and site-specific basis. The
                minimum lot area, however, shall be no less than that specified in the base zoning
                district. When this protective overlay district is utilized, the minimum lot area shall
                be set through the following procedure:

                All procedural requirements of the Zone Change process contained elsewhere in the
                Zoning Resolution of Sweetwater County shall be followed. The Board of County
                Commissioners, after receiving all relevant input, shall determine, by Resolution,
                the minimum lot area and physical boundaries for any given Zone Change
                application.

                The final boundary limits of a special overlay district shall not exceed the limits
                originally advertised; however, limits may be reduced if the Board of County
                Commissioners determines through the public hearing process that it is in the best
                interest of the area involved to alter the boundaries from that originally advertised.
                In no event shall the boundaries have an aggregate area of less than the minimum
                district requirements of the base-zoning district.

        5.      Minimum Lot Width.

                The Minimum Lot Width provision of the basic zone district shall apply.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    113
        6.      Minimum Setback for Structures.

                The Minimum Setback provisions of the basic zone district shall apply.

        7.      Permitted Encroachment into Setback Space.

                The provisions of the basic zone district shall apply.

        8.      Maximum Height of Structures.

                The Maximum Height provisions of the basic zone district shall apply.

        9.      Required Open Space.

                The Open Space provisions of the basic zone district shall apply.

        10.     Fences, Walls, and Retaining Walls.

                The provisions of the basic zone district shall apply.

        11.     Off-Street Parking.

                The provisions of the basic zone district shall apply.

        12.     Off-Street Loading.

                The provisions of the Off-Street Loading section of the basic zone district shall
                apply.

        13.     Rules for GMA Management Areas

                a.      GMA Highway Frontage Overlay Regulations .................... (See Section 13)

                b.      GMA Scenic Overlay Regulations ........................................ (See Section 14)

                c.      GMA Supplemental Slope Regulations .............................. (See Section 15)

                d.      GMA Rules Regarding Roads for 35 acre parcels or Larger (See Section 16)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                           114
Section 6.              Uses by Conditional Use Permit (C.U.P.)
A.      Scope of Regulations

        Certain uses, while not normally permitted in a particular zone district, may be acceptable
        under specific circumstances and subject to certain special conditions.

        Pursuant to the regulations hereinafter set forth, certain uses may be permitted by
        Conditional Use Permit within the stated Zone Districts and may be subject to special
        conditions or requirements deemed necessary by the County. To insure that the
        Conditionally Permitted Use does not unreasonably impose adverse impacts on the health,
        safety, and general welfare of the County or on adjacent or nearby properties or residents,
        the County may impose certain special conditions including but not limited to the
        following:

        1.      Duration of use

        2.      Extension of the C.U.P.

        3.      Hours of operation

        4.      Site and/or building improvements

        5.      Parking requirements

        6.      Sewer and water requirements


B.      Permit Requirements

        Applicants for C.U.P.‟s shall submit on an approved application from the following
        information:

        1.      The name and address of the applicant

        2.      The legal description of the property upon which the use will be located and
                operated.

        3.      A description of the activity for which the C.U.P. is being sought.

        4.      A statement of the hours of operation and duration of the proposed use.

        5.      Any sketches, drawings, plans, or additional information required by the County for
                the applicant to fully describe the proposed use, improvements, activities, or
                impacts on the proposed site an/or adjacent properties.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               115
C.      Uses by C.U.P.

        May be limited to or subjected to specific conditions or requirements deemed necessary by
        the County. The following uses may be allowed by Conditional Use Permit in the Zone
        Districts deemed appropriate by the Sweetwater County Planning and Zoning Commission
        and the Sweetwater County Board of Commissioners.

        1.      Above Ground Storage Tank in excess of the maximum capacity specified in a
                Zoning District. The maximum capacity allowed under this Section shall not
                exceed that specified in the Uniform Fire Code. This permit is not allowed in
                Residential Zoned Districts. Design and construction of these storage tanks shall be
                in strict conformance with the Uniform Fire Code.

                Bulk delivery trucks in conjunction with the Conditional Use shall be subject to
                condition imposed by the Board of County Commissioners.

        2.      Asphalt or Concrete Mixing Plant

        3.      Bazaar, Carnival, or Fair

        4.      Bed and Breakfast Home, Subject to the following requirements: (Resolution 06-
                12-CC-01A)

                a.      The structure must be owner occupied and not more than four (4)
                        guestrooms and 8 people per night shall be permitted.

                b.      The only meal to be provided to guests shall be breakfast. Other than
                        registered guests, no meals shall be served to the general public.

                c.      Guests may stay no more than six (6) consecutive days. The establishment
                        may not be operated as a boarding house, and weekly rates cannot be
                        offered.

                d.      The outside appearance of the structure shall not be altered from its single-
                        family appearance.

                e.      One off-street parking space per guestroom shall be provided.

                f.      One advertising sign not to exceed six (6) square feet may be permitted.
                        The sign may be attached or freestanding and shall not exceed six (6) feet in
                        height. The sign shall not be a flashing sign, moving sign or electronic
                        changeable message panel.

                g.      A Bed and Breakfast shall not impair the residential character of the
                        neighborhood in which it is located.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   116
                h.      Bed and Breakfast operates under a valid permit issued by the State of
                        Wyoming.

                i.      No receptions, private parties or similar activities shall be permitted.

                j.      Bed and Breakfasts may only be established in the following zoning
                        districts; A, RR, RR-3, RR-5, R-1, R-2, R-2/SF, R-3, CRS & B.

        5.      Bus and Public Transportation Waiting Area and Shelters: Size of shelters not to
                exceed 8‟ X 12‟ in area or 8‟ in height. Shelters must not be located in the site
                triangle area or in the right-of-way of public and private roads. Shelters for this
                purpose do not need to meet setbacks as long as all of the above conditions are met.

        6.      Camp Ground

        7.      Cemetery

        8.      Christmas Tree and Firewood Sales

        9.      Community Corrections Facility

        10.     Corral for Profit or Gain or for Personal Use

        11.     Crematorium. Such Conditional uses must:

                a.      Comply with the Uniform Mechanical Code.

                b.      Comply with Underwriter Laboratory Standards.

                c.      Obtain D.E.Q. Permits.

        12.     Growth Management Area, Agriculture Zone Supplemental Regulations,
                Conditional Uses.

                a.      Within the Growth Management Area, the following are conditional uses on
                        lands zoned Agriculture (A):

                        (1).     The keeping of animals for private use located closer than one
                                 quarter mile (1,320 feet) from the nearest property line of property
                                 zoned residential (R-1, R-3, MH); commercial (C, CRS, B); or light
                                 industrial (I-1); or located within one mile of the boundaries of an
                                 incorporated city.

                        (2).     The keeping of animals for commercial purposes, including; kennels
                                 or corrals for the keeping or boarding of animals; and veterinary
                                 hospitals, including observation pens or kennels.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      117
                        (3).     Fire stations, police stations, post offices, and public recreational
                                 facilities.

                        (4).     Golf courses.

                        (5).     Mineral exploration and drilling; oil and gas exploration, drilling
                                 and extraction activities.

                        (6).     Helicopter landing sites.

                        (7).     Public utility and public service installations. Such uses shall not
                                 include business offices, repair, sales, or storage facilities.

                        (8).     Radio and television transmission station and tower, transmission
                                 lines, stations and towers.

                b.      Conditional Use application requirements.

                        The uses listed as Conditional Uses above may be allowed in the
                        Agriculture zone within the Growth Management Area upon a showing that
                        the manner in which the use will be conducted will not create undue
                        conflicts with other uses in the vicinity of the proposed use. Applicants must
                        include in their applications construction and/or management plans for the
                        proposed use that will mitigate the adverse effects of noise, odors, light,
                        vibration, waste, and effluent emanating from the property. For the
                        conditional uses listed above, conditions of approval that shall be addressed
                        in the application and will be considered for inclusion in the approval, if
                        granted, include the following:

                        (1).     For the keeping of animals for private use within the one quarter
                                 mile and one mile buffers described above, and for the keeping of
                                 animals for commercial purposes, including kennels or corrals for
                                 the keeping or boarding of animals; and veterinary hospitals,
                                 including observation pens or kennels, the application must include:

                                 (a).    The numbers and types of animals proposed to be kept on
                                         the property;

                                 (b).    A plan for feeding and feed storage and management that
                                         minimizes the potential for blowing dust and debris;

                                 (c).    A plan for manure management and disposal that minimizes
                                         the potential for odors and blowing or spilling debris;

                                 (d).    A plan for animal mortality management; and,

                                 (e).    A plan for dust management and erosion control.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  118
                         (2).    For fire stations, police stations, post offices, golf courses, and
                                 public recreational facilities, the application must include:

                                 (a).    A site plan showing ingress and egress from the property;

                                 (b).    A plan of operation including hours of operation and
                                         estimates of traffic generated by the use; and,

                                 (c).    A lighting plan that minimizes of-site illumination.

                         (3).    For mineral exploration and drilling; oil and gas exploration, drilling
                                 and extraction activities; helicopter landing sites; public utility and
                                 public service installations; and radio and television transmitting
                                 station and tower; transmission lines, stations and towers, the
                                 application must include:

                                 (a).    A site plan showing the types and locations of structures and
                                         equipment to be placed on the property;

                                 (b).    A plan of operations describing the construction and
                                         operational activities that will take place on the property,
                                         their periods of activity and duration;

                                 (c).    An access plan to minimize impacts to nearby residences
                                         and other uses; and,

                                 (d).    A plan or plans to control noise and dust; for lighting, waste
                                         management, and storage of materials.

        13.     Growth Management Area, Highway Frontage Overlay Conditional Use

                a.       In development circumstances, where it can be demonstrated through the
                         conditional use permit process that the objective of Highway Frontage
                         Overlay objectives can be met, the standards established through the
                         conditional use permit process may substitute for the standards listed in the
                         Growth Management Area Highway Frontage Overlay Regulations.

        14.     Hazardous Waste Disposal Facility

        15.     Impound Yard

        16.     Junkyard or Salvage Yard

        17.     Kennel

        18.     Mineral Stockpiling

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      119
        19.     Mini-Warehousing (Resolution 08-01-ZO-08) - Conditional Accessory Mini-
                Warehousing for Permitted Campgrounds on CRS (Commercial / Recreational
                Services) Zoned Parcels. The conditional accessory mini-warehousing shall meet
                the following criteria:

                a.      Storage in the mini-warehousing units will be for the patrons of the
                        campground only.

                b.      Storage in the mini-warehousing units will be for the length of the stay of
                        the patrons of the campground.

                c.      The mini-warehousing units will need to have engineered fire protection
                        and meet the provisions of the most recently adopted fire code.

                d.      The conditional accessory mini-warehousing must be under the same
                        ownership as the campground.

                e.      Conditional accessory mini-warehousing under this section is considered a
                        conditional accessory use.

        20.     Produce Stand

        21.     Public Fire Department Fire Protection Training Facility (Resolution 09-11-CC-01)

        22.     Quarries not exceeding 40 acres in size may be conditionally permitted in A
                (Agriculture), I-1 (Light Industrial), and I-2 (Heavy Industrial) Districts provided
                that the quarry is located (Resolution 08-07-CC-05):

                a.      Outside any growth management area;

                b.      At least one mile from any residentially zoned property; and,

                c.      Within one mile of no more than one other quarry.

                Application Requirements:        The following information will be required of all
                applications:

                a.      The name, mailing address and telephone number of the operator/applicant.

                b.      The written consent for the operation from the surface owner and surface
                        lessee, if any, of the land to be affected.

                c.      A legal description of the property.

                d.      A USGS topographic map including the following:

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  120
                        (1).     A legal description of the forty acres or less of land to be affected.

                        (2).     Show any existing or proposed access or haul roads into or away
                                 from the proposed mining operation.

                        (3).     The location of the area of the operation by legal subdivision,
                                 section, township and range. If there is no other survey, the location
                                 by protracted survey, metes and bounds or claims.

                e.      Duration of Quarry Permit requested and Hours of Operation.

                f.      Any man camps associated with a gravel quarry are a separate conditional
                        use permit.

                g.      The location of adjudicated groundwater wells inside and within one-half
                        mile of the permit area.

                h.      Reclamation plan.

                i.      Dust and Erosion Control Plan.

                j.      Gravel Quarry permits must comply with all State, Federal and Local
                        Regulations.

                Development Standards:

                a.      Duration of gravel extraction and processing shall be no longer than five (5)
                        years. An extension of five years may be granted by the Land Use
                        Department.

                b.      All operations and activities shall be setback a minimum of one mile from
                        any residence.

                c.      Reclamation shall be consistent with the state of Wyoming Environmental
                        Quality Act and the associated Rules and Regulations after mining
                        operations have ceased.

                d.      The extraction process will not potentially damage or contaminate any
                        public, private, residential or agricultural water supply source.

                e.      Dust control shall be required on all haul roads, stockpiles, work areas, and
                        access roads. Dust prevention/suppression shall be done in accordance with
                        the recommendations of the County Engineer.

                f.      Adequate and available access to/from the proposed extraction site and
                        to/from the processing site shall be required.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     121
        23.     Recreational Facilities involving firearms, motor vehicles or animals, in B
                (Business), C (General Commercial), I-1 (Light Industrial), and I-2 (Heavy
                Industrial) Districts.

        24.     Rifle, Pistol, Skeet, or Trap Range

        25.     Sanitary Landfill

        26.     Sewage Disposal Plant

        27.     Slaughter House

        28.     Storage of Explosives

        29.     Storage of Radioactive Material for Well Logging Companies:

                The storage of Nuclear Regulatory Commission (NRC) licensed radioactive
                materials by an NRC licensed company shall be permitted in Zoning Districts I-1
                (Light Industrial), I-2 (Heavy Industrial) and MD-1 (Mineral Development–Type
                1). These rules apply to an NRC licensed well logging company authorized to use
                licensed materials including sealed sources, radioactive tracers, radioactive tag
                markers, energy compensated sources, surface calibration sources, and tritium
                neutron generator sources. This source material may be used by the licensed
                company in any well logging activities throughout the State of Wyoming.

                The NRC licensed company may store contaminated materials and radioactive
                wastes generated from its own activities using short half-life unsealed volatile and
                non-volatile tracer materials. Such contaminated materials might include clothing,
                personal protective equipment, and downhole well logging instruments and
                accessories, and surface equipment. Storage of contaminated equipment and wastes
                resulting from well logging activities are only allowed as a result of the permittees
                well logging activities in Wyoming.

                Storage of any non-NRC licensed materials is prohibited. Storage of contaminated
                materials and radioactive wastes generated from activities other than well logging is
                prohibited. Storage of radioactive tracer materials is limited to isotopes with a half-
                life of 120 days or less. An exception to store and use radioactive tracer materials
                with a half-life longer than 120 days will be made on a case-by-case basis. Such
                review and approval shall be exercised by the appropriate Wyoming regulatory
                authorities at the local and/or state level. The permittee shall not import, store, or
                use radioactive tracer materials with a half-life greater than 120 days without this
                consent.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  122
                A well logging NRC licensed company shall operate in compliance with Title 10 of
                the Code of Federal Regulations, Part 39 – Licenses and Radiation Safety
                Requirements for Well Logging.

                In addition to 10 CFR Part 39, the following definitions and conditions governing
                the issuance of a permit hereunder and the storage of radioactive materials shall be
                strictly adhered to in order to promote the health, safety and welfare of the public.
                In the case of a conflict between these permit conditions and the NRC Regulations,
                the more restrictive requirement shall apply.

                a.      Definitions:

                        (1)      Controlled Area – Any area outside a restricted area, but inside the
                                 site boundary, fenced or unfenced, to which access may be limited
                                 by the permittee. If the public does have access, no member of the
                                 public may receive more than 2.0 mrem/hour or 100 mrem/year. No
                                 person under the age of eighteen shall be exposed of more than ten
                                 percent (10%) of this amount (0.2 mrem/hour or 10 mrem/year).
                                 Pregnant women shall receive zero exposure. The permittee shall be
                                 responsible for ensuring zero exposure for women on the site who
                                 have declared pregnancy to the permittee, or who the permittee
                                 knows to be pregnant, or who the permittee should have reasonably
                                 known to be pregnant.

                        (2)      Decay-in-Storage (DIS) – NRC has concluded that materials with
                                 half-lives of less than or equal to 120 days are appropriate for DIS.
                                 The minimum holding period for decay is ten (10) half-lives of the
                                 longest-lived radioisotope in the waste stream with a half-life of 120
                                 days or less.

                        (3)      Field Station – A facility where licensed material may be stored or
                                 used and from which equipment is dispatched to temporary jobsites.

                        (4)      Fresh water aquifer – Refers to a geologic formation that is
                                 capable of yielding fresh water to a well or spring.

                        (5)      Licensed material – Any byproduct, source, or special nuclear
                                 material received, processed, used, or transferred under a license
                                 issued by the Nuclear Regulatory Commission.

                        (6)      Logging tool – Any device used subsurface to perform well
                                 logging.

                        (7)      Radioactive marker – A licensed material used for depth
                                 determination or direction orientation. This term includes
                                 radioactive collar markers.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  123
                        (8)      Restricted area – Any area to which access is limited by the
                                 permittee for the purpose of protecting individuals against undue
                                 risks from exposure to radiation and radioactive materials.

                        (9)      Sealed source – Radioactive materials licensed by the NRC that are
                                 encased in a capsule designed to prevent leakage or escape of the
                                 licensed material into the environment.

                        (10)     Severity level – Refers to the level of severity of a particular
                                 violation as designated by the NRC or the equivalent severity level
                                 designated by an Agreement State for a particular violation. The
                                 NRC recognizes five levels of severity with Level I being the most
                                 severe and Level V being the least.

                        (11)     Source holder – Is a housing or assembly into which a sealed
                                 source is placed to facilitate the handling and use of the source in
                                 well logging.

                        (12)     Source package – Is a container or package used to house the
                                 licensed material and has met the requirements of the NRC (10 CFR
                                 Part 71 – Packaging and Transportation of Radioactive Materials)
                                 and the Hazardous Materials Regulations of the Department of
                                 Transportation (49 CFR Parts 100 – 185).

                        (13)     Subsurface tracer study – The release of unsealed license material,
                                 volatile or non-volatile, or a substance labeled with licensed material
                                 in a single well for the purpose of tracing the movement or position
                                 of the material or substance in the well or adjacent formation.

                        (14)     Temporary jobsite – Is a place where licensed materials are present
                                 for the purpose of performing well logging or subsurface tracer
                                 studies.

                        (15)     Tritium neutron generator target source – Is a tritium source
                                 used within a neutron generator tube to produce neutrons for use in
                                 well logging applications.

                        (16)     Unrestricted area – Any area to which access is neither limited nor
                                 controlled by the permittee. No member of the public may receive
                                 more than 2.0 mrem/hour or 100 mrem/year. No person under the
                                 age of eighteen shall be exposed to more than 10 percent (10%) of
                                 this amount (0.2 mrem/hour or 10 mrem/year). Pregnant women
                                 shall receive no exposure. The permittee shall be responsible for
                                 ensuring zero exposure for women on site who have declared
                                 their pregnancy to the permittee, or who the permittee knows to be
                                 pregnant, or who the permittee should have reasonably known to be
                                 pregnant.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   124
                        (17)     Well – Is a drilled hole in which well logging may be performed. As
                                 used herein, “well” includes drilled holes for the purpose of oil, gas,
                                 mineral, groundwater, or geological exploration.

                        (18)     Well logging – Means all operations involving the lowering and
                                 raising of measuring devices or tools which contain licensed
                                 material or are used to detect licensed materials in wells for the
                                 purpose of obtaining information about the well or adjacent
                                 formations which may be used in oil, gas, mineral, groundwater, or
                                 geological exploration.

                b.      Authorized Radioactive Materials for use in Wyoming

                        All radioactive materials authorized for use in well logging within the
                        territory of the State of Wyoming must be approved by the NRC as fit-for-
                        purpose. A list of well logging sealed sources approved under Part 39
                        requirements are noted in Appendix J of NUREG-1556, Vol 14,
                        Consolidated Guidance about Materials Licenses. The radionuclides
                        identified in the following table are allowed for use and storage. Other
                        radionuclides may be considered for inclusion in this table on a case-by-
                        case basis.

                                                    Chemical/Physical
                         Radioisotope                                        Proposed Use
                                                    Form
                         Americium-241              Sealed Source            Oil, gas, and/or mineral
                         (Am241Be)                  (Neutron)                logging
                         Americium-241              Sealed Source            Oil, gas, and/or mineral
                         (Am-241)                   (Gamma Ray)              logging
                         Antimony-124               Liquid Tracer (60.2      Subsurface tracer
                         (Sb-124)                   days half-life)          operations
                         Bromine-82                 Liquid Tracer (81.9      Subsurface tracer
                         (Br-82)                    days half-life)          operations
                         Cobalt-60                  Sealed Source            Oil, gas, and/or mineral
                         (Co-60)                    (Gamma Ray)              logging
                                                                             Pipe joint collar markers,
                         Cobalt-60                  Solid Wire (Gamma
                                                                             Subsidence markers,
                         (Co-60)                    Ray)
                                                                             Depth Determination
                         Cesium-137                 Sealed Source            Oil, gas, and/or mineral
                         (Cs-137)                   (Gamma Ray)              logging
                         Gold-198                   Liquid Tracer (2.7       Subsurface tracer
                         (Au-198)                   days half-life)          operations
                                                                             Neutron activation
                                                    Gas, Titanium Tritide,
                         Hydrogen-3                                          logging in oil and gas
                                                    Neutron Generator
                         (H3)                                                wells in downhole
                                                    Tube
                                                                             accelerator
                         Iodine-131                 Liquid Tracer (8.0       Subsurface tracer
                         (I-131)                    days half-life)          operations

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   125
                         Iodine-131                 Gas Tracer (8.0 days     Subsurface tracer
                         (I-131)                    half-life)               operations
                         Iodine-125                 Liquid Tracer (59.4      Subsurface tracer
                         (I-125)                    days half-life)          operations
                         Iodine-125                 Gas Tracer (59.4 days    Subsurface tracer
                         (I-125)                    half-life)               operations
                         Iridium-192                                         Subsurface tracer
                                                    “Labeled” frac sand
                         (Ir-192)                                            operations
                         Iron-59                    Liquid Tracer (44.5      Subsurface tracer
                         (Fe-59)                    days half-life)          operations


                        Tracer material used in subsurface operations is purchased from authorized
                        NRC or Agreement State vendors licensed to sell radioisotopes. The
                        permittee may only possess radioisotopes in quantities listed on its NRC
                        license.

                        The quantity of tracer material allowed may not exceed the quantity limited
                        by the permittees NRC license.

                        The quantity of Cobalt-60 wire used for collar markers and depth
                        determination shall not exceed the quantity limited by the permittees NRC
                        license. Each “tag” shall not exceed 1 microcurie per individual marker.

                        Neutron generators (accelerators) are used in the well logging industry as a
                        source of neutrons. Well logging accelerators use tritium gas in a sealed
                        glass tube or plated on a target or disc. Neutron generator target sources, in
                        most instances, contain less than 110 GBq (30 curies) of tritium. Neutron
                        generator tubes are not considered well logging sealed sources and are not
                        required to satisfy the mandatory standards for well logging sealed sources.
                        As a result, neutron generator tubes containing less than 110 GBq (30
                        curies) of tritium are:

                        (1)      Exempt from abandonment requirements;

                        (2)      Exempt from leak test requirements;

                        (3)      Exempt from the performance requirements of sealed sources used
                                 in well logging operations;

                        (4)      Not exempt if a tritium neutron generator for target source is greater
                                 than 110 GBq (30 curies) or is used in a well without surface casing
                                 to protect fresh water aquifers;

                        Permittees using neutron generators are prohibited from the installation,
                        replacement, or maintenance of neutron generator tubes at their local
                        offices. Installation, replacement, or maintenance of neutron generator tubes
                        shall be performed at the permittees corporate laboratories if the permittee is
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    126
                        also the manufacturer. If the permittee has purchased the equipment from a
                        third party, then installation, replacement, or maintenance shall be
                        performed at the third parties‟ laboratories. Third party vendors who
                        manufacture neutron generator equipment used in well logging are
                        prohibited from installing, replacing, or maintaining neutron generator tubes
                        in Sweetwater County without the express written consent of local and/or
                        state regulatory authorities.

                        Neutron generator tubes shall be installed in pressure resistant tool
                        component housings. Well logging companies may change and/or replace
                        neutron generator pressure tool component housings as long as the
                        generator tube remains sealed within the tool component housing.
                        Permittees are prohibited from opening the pressure housing containing the
                        targets or glass tubes.

                        Permittees may request an exemption to this prohibition provided they
                        develop and implement handling procedures that address contamination.
                        Operating and Emergency procedures shall instruct individuals in the
                        handling of contamination resulting from the routine use, installation,
                        replacement, or accidental damage of the targets or glass tubes.
                        Contamination procedures must address both airborne and surface
                        contamination. Exemptions shall be handled on a case-by-case basis.

                c.      Construction and Storage Standards:

                        (1)      Radioactive material may be stored below ground or above ground
                                 but in either case, shall be stored in a manner that meets the
                                 definition of a restricted area.

                                 a.      Sealed sources may be stored in their DOT approved
                                         transport containers below ground or above ground.

                                         If stored below ground, the door to the storage pit shall
                                         provide shielding such that the radiation level on the exterior
                                         surface of the door does not exceed 2.0 mrem/hour. If stored
                                         above ground, the facility which houses the materials shall
                                         provide shielding such that the radiation level on the exterior
                                         surface of the walls does not exceed 2.0 mrem/hour. In
                                         addition, the facility must be fenced so that at any point at
                                         the exterior of the fence, radiation levels shall not exceed
                                         background.

                                         If the source is removed from its DOT approved transport
                                         container and stored downhole in a pipe, the pipe shall have
                                         a cap covering its opening and affixed with a locking
                                         mechanism to secure the cap to the pipe. The pipe shall be of
                                         sufficient depth such that the radiation level on the surface of


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    127
                                         the cap and any exposed pipe protruding from the ground
                                         shall not exceed radiation levels of 2.0 mrem/hour.

                                 b.      Radioactive tracer material may be stored in their DOT
                                         approved transport containers either below ground or above
                                         ground. All of the requirements outlined in item c.(1)(i)
                                         above apply.

                                 c.      Radioactive markers may be stored in their DOT approved
                                         transport containers either below ground or above ground.
                                         All of the requirements outlined in item c.(1)(i) above apply.

                                 d.      A neutron generator (particle accelerator) containing a
                                         tritium source target, is contained within a tube which is
                                         installed inside a pressure housing capable of withstanding
                                         downhole pressures and temperatures while performing well
                                         logging activities. Since the neutron generator does not emit
                                         neutrons until it is powered up it is not necessary to store
                                         these devices inside a radiation bunker. They may be stored
                                         with other downhole well logging tools inside the shop
                                         facility under normal company security precautions.
                                         However, before the neutron accelerator may be powered up
                                         on the surface for testing and calibration purposes, special
                                         precautions must be exercised in order to protect the public
                                         as well as the company‟s employees from neutron radiation.

                        (2)      All radioactive source material must be stored when not in use. The
                                 storage facility must be equipped with a lock unique to the facility.
                                 The storage facility shall remain locked at all times when
                                 radioactive material is being stored.

                        (3)      The storage facility must have at least three (3) levels of security –
                                 discreet and separate levels that prohibit or impede accessibility to
                                 the radioactive material.

                        (4)      The storage facility access door shall be posted with conspicuous
                                 signs bearing the radiation symbol and the words “Caution,
                                 Radioactive Material” or “Dangerous, Radioactive Material”.

                        (5)      The radiation facility or radiation area where levels of radiation are
                                 in excess of normal background shall be posted on all sides or in all
                                 directions with conspicuous signs bearing the radiation symbol and
                                 the words “Caution, Radiation Area” or Danger, Radiation Area”.

                        (6)      The permittee shall maintain a written record of the maximum
                                 radiation measurements in accordance with the requirements of the
                                 company‟s Radiation Protection Program.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  128
                        (7)      No person may enter an area where radiation levels are above
                                 background without first donning a personal exposure dosimeter.
                                 Personal dosimeters shall be submitted for exposure analysis at least
                                 once every quarter.

                        (8)      Tracer radioisotopes may be stored in their DOT approved shipping
                                 containers. In the case of a gamma ray producing tracer material
                                 (such as Iodine-131), the shielding material contained within the
                                 shipping container will be lead. The DOT shipping container must
                                 have a means for positively locking the container to prevent the
                                 removal of its contents by unauthorized persons. The shipping
                                 container will be labeled as appropriately required by the DOT.

                        (9)      Storage of radioactive materials shall ensure that appropriate
                                 shielding is available to protect the health and safety of the public
                                 and employees, keep exposures to employees ALARA, and
                                 minimize the possibility of contamination from the uses, types, and
                                 quantities of radioactive materials.

                        (10)     Licensed materials located in an unrestricted area and not in storage
                                 (such as at a wellsite) must be under the constant surveillance and
                                 immediate control of the permittee. Areas where RAM is used or
                                 stored shall (1) be accessible only to authorized persons; and (2)
                                 secured or locked when an authorized person is not physically
                                 present. Use or storage areas cannot be considered restricted areas
                                 for purposes of radiation safety if accessible by unauthorized
                                 persons.

                d.      Special Conditions and Permit Requirements:

                        In addition to the general scoping, permit and notice requirements of
                        Section 6, the following special conditions and requirements shall apply to
                        the issuance of a conditional use permit allowing the storage of radioactive
                        materials:

                        (1)      No permit shall be issued to or renewed for any company that has
                                 had Severity Level I or II violations within the two (2) year period
                                 immediately preceding the date the application for a permit or for
                                 renewal of a permit. No permit shall be issued to or renewed for any
                                 company that has had more than ten (10) Severity Level III, IV, or
                                 V violations within the preceding two-year period. The applicant
                                 shall submit a sworn statement, by an authorized company
                                 representative, attesting to the number, Severity Level and nature of
                                 all violations within the past two (2) years.

                        (2)      The permit holder shall immediately notify Sweetwater County and
                                 Sweetwater County Land Use Office of any NRC or Agreement
                                 State violations committed by the company. Any Level I or Level II
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  129
                                 violations shall result in the immediate revocation of the applicant‟s
                                 permit.

                        (3)      Unless revoked, a permit is valid for a period of five (5) years and
                                 may only be renewed following public review of the application for
                                 renewal. Permits shall be issued for the exclusive use of the
                                 applicant company‟s local branch or office and are not transferable.

                        (4)      Failure to comply with the provisions of this section or the
                                 conditions of any permit issued under this section, or the use of false
                                 or misleading statements or information to obtain, or retain, or
                                 renew a permit shall constitute grounds for the revocation of the
                                 permit by the Board of County Commissioner‟s upon
                                 recommendation of the Planning and Zoning Commission following
                                 a public hearing.

                        (5)      The County shall have the right to inspect the permitted premises at
                                 will.

                        (6)      All applications must be accompanied by an improvement location
                                 certificate prepared by a Wyoming Certified Surveyor or a detailed
                                 site plan and certificate of survey. All property corners must be
                                 surveyed, set and monumented. All lot lines must be delineated by
                                 distance and bearings and all structures located by reference to the
                                 lot lines and each other. Detailed floor plans must be provided for
                                 each structure. Detailed specifications for the storage pit(s) or
                                 bunker must be provided. Copies of all necessary State or federal
                                 permits and licenses, fully approved and issued, must accompany
                                 the application. All restricted, controlled and unrestricted areas must
                                 be identified. Any other relevant information requested by the
                                 County must be provided.

                        (7)      The licensee shall post a notice which describes where the following
                                 documents are located and may be examined: 1) a copy of 10 CFR
                                 Parts 19 and 20; 2) the company‟s NRC license and license
                                 amendments; and, 3) the operating procedures applicable to the
                                 licensee‟s activities (10 CFR 19.11 (a) (1), (2) or (3)).

                        (8)      No member of the public may receive from the applicant‟s
                                 radioactive materials more than 2.0 mrem/hour or 100 mrem/year.
                                 No person under the age of eighteen (18) shall be exposed to more
                                 than ten percent (10%) of this amount (0.2 mrem/hour or 10
                                 mrem/year). Pregnant women shall receive zero exposure. The
                                 permittee shall be responsible for ensuring zero exposure for women
                                 on the site who have declared their pregnancy to the permittee, or
                                 who the permittee knows to be pregnant, or who the permittee
                                 should have reasonably known to be pregnant.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   130
                        (9)      Radiation exposure levels stated herein shall be considered the
                                 maximum allowed. The permittee shall adhere to the principal of
                                 ALARA (AS LOW AS REASONABLY ACHIEVABLE).

                        (10)     The permittee shall adhere to all applicable NRC rules and
                                 regulations. In the event of a conflict between the NRC rules and
                                 regulations and the provisions of Section 6.c.(32), the more
                                 restrictive provision or requirement shall apply.

                        (11)     When handling tracer materials at the wellsite, the permittee shall
                                 require personal protective equipment such as rubber gloves, rubber
                                 aprons, and face shields. If volatile tracer material is being handled,
                                 personal protective equipment shall include an appropriate respirator
                                 for aerosols, mists or dusts.

                        (12)     When handling tracer material at the wellsite, the permittee shall
                                 prepare the working area in a manner that prevents or minimizes
                                 contamination. Such preparation shall include the following:

                                 a.      Visqene and absorbent material shall be laid down upon the
                                         working surface. These materials shall cover an area
                                         sufficient to capture and contain the total quantity of the
                                         largest open container of tracer material if spilled.

                                 b.      Waste containers for contaminated syringes and “empty”
                                         tracer containers shall be available. Generally, the DOT
                                         approved shipping container originally supplied can be used
                                         to contain these items.

                                 c.      Downhole well logging equipment contaminated with
                                         residual tracer material must be placed inside a PVC tube
                                         with end caps that will contain the tool and any residual
                                         tracer material.

                                 d.      Contaminated rags, clothing, visqene, absorbent, and any
                                         other similar materials shall be placed inside a “contractor
                                         grade” garbage bag. The bag shall be sealed with a ty wrap
                                         or cable tie or some other method of closing the opening.

                                 e.      If water is used to wash contaminated equipment, the wash
                                         water shall be captured and disposed of in a method
                                         approved by the local regulatory authority having
                                         jurisdiction. This disposal method must be approved prior to
                                         generating any waste wash water.

                                 f.      Laundry facilities used for washing contaminated clothing
                                         are prohibited.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   131
                                 g.      Trucks or any other rolling fleet that is contaminated at the
                                         wellsite is prohibited from leaving the wellsite. A process
                                         for decontamination of rolling equipment must be approved
                                         by the local regulatory authority having jurisdiction before
                                         equipment may depart the wellsite.

                        (13)     NRC has concluded that tracer material with half-lives of less than
                                 or equal to 120 days are appropriate for DIS or it may be transferred
                                 to an authorized recipient. Sweetwater County will allow the
                                 disposal of tracer material by decay-in-storage. The minimum
                                 holding period for decay is ten half-lives of the longest-lived
                                 radioisotope in the waste with a half-life of 120 days or less. Such
                                 waste may be disposed of as ordinary trash if radiation surveys
                                 (performed in a low background area and without any interposed
                                 shielding) of the waste at the end of the holding period indicate that
                                 radiation levels are indistinguishable from background. All radiation
                                 labels must be defaced or removed from containers and packages
                                 prior to disposal as ordinary trash.

                                 Disposal records for DIS should include the date that the waste was
                                 put in storage for decay, date when ten half-lives of the longest lived
                                 radioisotope had transpired, date of disposal, and results of the final
                                 survey taken prior to disposal in ordinary trash.

                        (14)     Disposal of liquid tracer material into sanitary sewerage is
                                 prohibited. A Permittee may apply for an exception to this
                                 limitation. A permittee must comply with the discharge limits
                                 specified in 10 CFR 20.2003(a)(4) and 10 CFR 20, Appendix B. A
                                 model procedure for disposal of liquid tracer into sanitary sewerage
                                 is available in NUREG-1556, Volume 14, Appendix T. The disposal
                                 process must be submitted to the local regulatory authority having
                                 jurisdiction for review and approval prior to disposal.

                        (15)     The permittee shall comply with NRC requirements for “Increased
                                 Controls for Licensees that Possess Sources Containing Radioactive
                                 Material Quantities of Concern” (IC) published as “Attachment B”
                                 to the “Orders Imposing Increased Controls” in the Federal
                                 Register on December 1, 2005 (70 FR 72128). The licensee will
                                 complete implementation of said requirements by the first day that
                                 radionuclides in quantities of concern are possessed at or above the
                                 limits specified in “Table 1: Radionuclides of Concern” contained
                                 in the IC.

                        (16)     The permittee is prohibited from using tracer material, sealed
                                 sources, or neutron generators in fresh water aquifers. Written
                                 permission must be received from the NRC and this documentation
                                 submitted to the local regulatory authority having jurisdiction and

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   132
                                 the Wyoming Department of Environmental Quality before
                                 performing any such activities.

                        (17)     Manufacturing tracer radioisotopes for use in well logging within
                                 Sweetwater County is prohibited. Tracer radioisotopes must be
                                 purchased in a ready-to-use condition. Tracer material may be
                                 diluted just prior to use. Although a permittee may purchase liquid
                                 tracer and store it for potential future work, this practice is
                                 discouraged. It is recommended that liquid tracer only be purchased
                                 after the permittee is assured of work or has received a commitment
                                 from a well owner or operator to perform work that requires the use
                                 of tracer radioisotope during well logging activities.

                        (18)     Gaseous, volatile, or finely divided tracer materials for use in well
                                 logging shall not be repackaged within Sweetwater County. A well
                                 logging company may apply for an exception to this limitation only
                                 after submitting appropriate process procedures and equipment that
                                 describe how “repackaging” will be accomplished. The process will
                                 consider sinks, trays with absorbent materials, glove boxes, fume
                                 hoods with charcoal filtration, filtered exhaust, special handling
                                 tools, and special personal protective equipment. Preventing
                                 contamination is the process goal.

                e.      Notice Requirements

                        Notice of all public meetings and hearings shall be given at least 14 days in
                        advance of the Planning and Zoning Commission and the Board of County
                        Commissioners Meetings. Such notice shall consist of notification of
                        adjacent property owners and the placement of a sign on the subject
                        property. Notification shall include the following:

                        (1)      Name of applicant.

                        (2)      Nature of application request.

                        (3)      Date, time and location of public meetings.

        30.     Temporary Construction Yard or Building.

                Watchman quarters may be included as part of a temporary construction yard and
                Conditional Use Permit.

        31.     Temporary Housing.

                This permit shall apply only to the temporary use of a mobile home on the owner‟s
                Zone Lot while a permanent dwelling is being constructed for the owner on the
                same Zone Lot. Any such mobile home shall be served by an approved water and
                sewer system. The mobile home as a temporary residence may be authorized

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 133
                whether or not a mobile home is a Permitted Use in the Zone District. Each permit
                shall be valid for an initial period of twelve (12) months and may be renewed upon
                application without the necessity of a hearing for an additional twelve (12) months.
                If construction has not been substantially completed within the two-year period to
                allow for vacation of the “temporary mobile home” and occupation of the
                permanent dwelling, an application for a renewal must be filed and a public hearing
                before the Sweetwater County Planning and Zoning Commission must be held.

        32.     Temporary Work Camp.

                Conditional Use Permits for work camps shall be considered separately from
                C.U.P.‟s for “temporary construction yard or building” even though they may apply
                to and be for the same construction project. In addition to the standard information
                required the following shall also be submitted:

                a.      Source of power

                b.      Source of water

                c.      Method of handling sewage

                d.      Fire protection

                e.      Method of handling garbage

                f.      Telephone services

                g.      A site plan showing location of residence and all other buildings; distances
                        between residences; all site improvements including walks, recreation areas,
                        parking; any other pertinent information.

                h.      Method of vehicular access and the arrangement for maintenance of site
                        access roads.

                i.      Provisions for outdoor storage of fuels of flammable liquids above ground.

                j.      Provisions for storage of liquefied petroleum gas (LPG).

        33.     Trucking

        34.     Utility, Service and Improvement District Support Facilities: Business Offices and
                Repair, Maintenance and Storage Facilities. (Resolution 07-02-ZO-02)

                To ensure neighborhood compatibility, this conditional use must comply with the
                following criteria:

                a.      District and Location Criteria

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                134
                        (1)      Applicant must be a Utility, Service or Improvement District legally
                                 established under Wyoming Statutes.

                        (2)      Applicable Base Zoning Districts: Agriculture, Rural Residential (1,
                                 3 & 5), Mixed Residential, Mixed Residential Single Family and
                                 Commercial Recreational Services.

                        (3)      Located outside of any City Growth Area.

                b.      Regulatory Requirements. Complies with all:

                        (1)      Zoning regulations in which the proposed facility is located.

                        (2)      Minimum Zone lot size: Must comply with base zoning district and
                                 sewage disposal requirements.

                        (3)      Subdivision Requirements of the State of Wyoming and Sweetwater
                                 County

                        (4)      DEQ or Sweetwater County fire protection and water and sewer
                                 regulations.

                        (5)      Public road frontage and access requirement of Sweetwater County

                c.      Site Development Criteria:

                        (1)      Building Color: earth tone or neutral colors approved by Division of
                                 Community Development

                        (2)      Drainage plan prepared by a Wyoming Licensed P.E. Plan must
                                 demonstrate and certify that “Drainage from this parcel will not
                                 adversely affect adjacent properties.”

                        (3)      No hazardous, combustible, flammable, explosive or radioactive
                                 materials are allowed on site.

                        (4)      Yard lighting: Down focused sodium vapor

                d.      Site Operation

                        (1)      External disturbances, such as loud sounds, must be limited to the
                                 property.

                        (2)      Hours of operations 8 a.m. to 8 p.m. except for occasional
                                 administrative meetings and emergencies.

                        (3)      No hazardous, combustible, flammable, explosive or radioactive
                                 materials are allowed on site.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    135
                        (4)      Material/Equipment Storage: Screened from adjacent properties or
                                 contained within a building. Screening must be at least 6 six feet
                                 high and constructed of new or comparable materials approved by
                                 the Division of Community Development.

                e.      Neighborhood concerns:

                        (1)      All reasonable neighborhood concerns must be mitigated by the
                                 applicant/owner.

        35.     Welding

D.      Review and Approval.

        The review and approval process for a Conditional Use Permit shall be in accordance with
        all of the requirements of Section 6.C. The Planning and Zoning Commission and the
        Board of County Commissioners shall consider the effect of proposed use upon the health,
        safety, and general welfare of occupants of surrounding lands, existing and anticipated
        traffic conditions including parking facilities on adjacent streets and lands, and the effect of
        the proposed use on the Comprehensive Plan. The Board of County Commissioners may
        impose such conditions and safeguards as it deems necessary. (Resolution 10-09-CC-04)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    136
Section 7.              Non-Conforming Uses and Structures
A.      Non-Conforming Use.

        1.      Definition.

                A non-conforming use shall be any use which on the effective date of this
                Resolution or as a result of subsequent amendments thereto, does not conform to
                the Permitted Uses established for the district in which the non-conforming use is
                located.

        2.      Regulations.

                a.      A non-conforming use may be continued on the same land area and within
                        the same floor area as that which existed on the date when the use first
                        became non-conforming.

                b.      A Permitted Use shall not be considered non-conforming for failure to
                        comply with off-street parking requirements, off-street loading
                        requirements, or sign regulations.

                c.      A non-conforming use may be changed within its existing structure or on its
                        existing land area to a conforming use or to any use which is a Permitted
                        Use in a more restrictive district than the district in which the non-
                        conforming use is located.

                d.      The area occupied by a non-conforming use within an existing structure or
                        on a tract of land may not be enlarged or extended by more than twenty (20)
                        percent of the total area of the use existing at the time it became non-
                        conforming.

                e.      If active and continuous operation of a non-conforming use is discontinued
                        for a period of twelve (12) consecutive months, the structure or tract of land
                        shall thereafter be used only for a conforming use. A stated intent to resume
                        operations shall not affect this provision.

                f.      Whenever a lawful non-conforming use of a building or structure shall have
                        been damaged by fire, flood, explosion, 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 that reconstruction shall be for the
                        same use in existence prior to said calamity and shall be in conformance
                        with all other provisions of this Resolution except that such use shall not
                        enlarge the size or manner of operation existing upon the date of such
                        calamity.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 137
B.      Non-Conforming Structure.

        1.      Definition.

                A non-conforming structure shall be any structure which on the effective date of
                this Resolution or as the result of subsequent amendments thereto, does not comply
                with the provisions of this Resolution for the district in which the non-conforming
                structure is located.

        2.      Regulations.

                a.      A non-conforming structure may be altered, repaired, or enlarged provided
                        its degree of non-conformity is not increased.

                b.      A non-conforming structure found to be unsafe may be restored to a safe
                        condition.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               138
Section 8.               Off-Street Parking and Loading Maintenance
A.      General

        1.      For all Permitted Uses, which are established after the effective date of this
                Resolution, off-street parking and loading in the amounts specified for Permitted
                Uses in Section 5, District Regulations shall be provided and maintained.

        2.      These requirements shall not be retroactive to Uses existing on the date this
                Resolution becomes effective, but shall apply to any expansion of these uses which
                takes place after that date.

        3.      Off-street parking and loading facilities shall be provided on the same Zone Lot and
                under the same ownership as the Permitted Use for which the parking is required as
                hereinafter provided.

        4.      Parking spaces required by each of two or more Permitted uses located on the same
                Zone Lot need not be separated and may be used jointly.

        5.      No structure shall be erected or enlarged if such action will absorb existing required
                off-street parking areas.

B.      Specifications

        1.      Off-street parking and loading required by this Resolution shall be maintained in
                accordance with the following specifications:

                a.       Individual parking and loading spaces shall be at least nine (9) feet in width
                         and eighteen (18) feet long. The length and width shall be measured
                         respectively parallel and perpendicular to the long axis of the designated
                         parking space.

                b.       Parking and loading areas provided under the requirements of this
                         Resolution shall not be used for the commercial sale, repair, or servicing of
                         vehicles and equipment.

                c.       Parking and loading areas shall be graded for proper drainage and provided
                         with an all-weather surface of gravel, asphalt, or concrete.

                d.       Each parking or loading space must be usable and readily accessible.

                e.       Parking and loading areas shall be provided with entrances and exits located
                         so as to minimize traffic congestion.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   139
C.      Special Plan for Off-Street Parking

        1.      Under the provisions of Section 8.a.(3) of this Resolution off-street parking is
                required to be located on the same Zone Lot and operated under the same
                ownership as the Permitted Use. Under the following conditions, required off-street
                parking may be provided on a Zone Lot separate from the one containing the
                Permitted Use.

                a.      The separate Zone Lot must be within 400 feet of the Zone Lot containing
                        the Permitted Use.

                b.      The separate Zone Lot must be located within a zoning District where the
                        parking of vehicles is a Permitted Use.

                c.      A special plan for separated off-street parking must be submitted to,
                        approved, and recorded by the Land Use Department.

        2.      All applications for approval of a special plan shall be filed with the Land Use
                Department and shall include the following details:

                a.      A statement by the owner or owners of the entire land area to be included
                        within the special plan and the owner or owners of all structures on the
                        designated land area agreeing to all of the provisions of the plan.

                b.      Sufficient evidence to establish to the satisfaction of the Land Use
                        Department that the applicants are the owners of the designated land and
                        structures.

                c.      The location and size of the Permitted Uses or structures for which off-street
                        parking is required.

                d.      The location and layout of the required off-street parking spaces.

        3.      The Land Use Department shall review such applications and either approve or
                disapprove them. Any approval may establish necessary conditions and limitations.

        4.      An approved special plan shall be filed among the records of the Land Use
                Department and with the County Clerk.

        5.      All special plans which have been approved and recorded shall be binding upon the
                owners of the land area and structures included in the special plan and their
                successors and assigns and shall control all zoning permits and certificates and the
                use and operation of the designated structures and land area.

        6.      Special plans may be amended or withdrawn through the same process by which
                they first gained approval.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 140
Section 9.              Sign Regulations
A.      Prohibited Signs

        1.      No “revolving beacon”, “fountain”, or “flashing” signs shall be permitted in any
                district.

        2.      No sign in any district shall conflict in any manner with the purpose or operation of
                public devices controlling public traffic.

        3.      No overhanging or free-standing signs shall be permitted in any public right-of-
                way, except those traffic control and direction devices erected or approved by a
                public agency having jurisdiction.

        4.      On corner lots no signs in any district shall be allowed in that triangular portion of
                the lot formed by any two intersecting front lines beginning at and extending fifteen
                (15) feet from the point of intersection along the two front lines, and a base formed
                by a line connecting the end points of the fifteen (15) foot segments.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 141
Section 10.              Permitted Home Occupations
A.      Intent.

        In order to provide peace, quiet, and domestic tranquility and to preserve property values
        within residential neighborhoods and in order to provide for orderly growth and
        development within the unincorporated areas of Sweetwater County, and in order to
        guarantee all residents freedom from excessive noise, excessive odor, excessive traffic,
        nuisance, fire hazard, and other possible effects of commercial or business uses being
        conducted in residential areas, the following regulations shall apply to the establishment
        and the operation of the home occupation.

B.      Definition.

        A home occupation is defined as any business or commercial activity that is conducted or
        petitioned to be conducted from property that is zoned for residential use.

C.      Home Occupation Permit Options.

        1.        OPTION I.

                  A Home Occupation I Permit is a permit issued for a “minor” home occupation that
                  is authorized by this Section without a hearing or any other provision for public
                  notice. The permit is personal to the applicant. This permit will be issued by the
                  appropriate Land Use Department staff if it can be determined that all of the
                  following conditions can be met:

                  a.     Such use shall be conducted entirely within a dwelling unit and carried on
                         by the inhabitants living there and no others. Dwelling unit includes a
                         garage.

                  b.     Such use shall be clearly incidental and secondary to the use of the dwelling
                         unit for dwelling purposes and shall not change the residential character
                         thereof.

                  c.     The total area used for such purposes shall not exceed forty percent (40%)
                         of the first floor area of the user‟s dwelling unit, or forty percent (40%) of
                         the floor area of the user‟s dwelling unit in a two-family dwelling or a
                         mobile home. For purposes of calculating total area allowed for home
                         occupations the garage area shall not be included.

                  d.     There shall be no exterior storage on the premises of material or equipment
                         used as a part of the home occupation. No interior or exterior signs are
                         allowed.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  142
                e.      A home occupation shall provide additional off-street parking of one (1)
                        parking space for each two hundred (200) feet of gross floor area occupied
                        by the home occupation.

                f.      Under no circumstances shall any of the following be considered a home
                        occupation: clinic, restaurant, or veterinarian‟s clinic.

        2.      OPTION II.

                A Home Occupation II Permit may be issued for home occupations that meet
                Option II “Typical Conditions”. This permit is authorized by Land Use Department
                staff only after posting notice of the proposed home occupation on the affected
                property. In addition, any occupation that has impact on neighbors (in view of the
                Land Use Department staff) will require notification and comment period from
                neighbors.

                If there are no comments received and/or there are no adverse comments, and if all
                conditions necessary for the granting of the permit are adequately addressed, the
                staff will issue the permit. If there are adverse comments the effect of which can be
                readily addressed and mitigated to the satisfaction of the pertinent parties (i.e.
                applicant, adjacent property owners, Sweetwater County, etc.), the staff may then
                issue the permit.

                If an agreement cannot be reached on the issuance of the permit, the staff will
                schedule the application request for consideration by the Sweetwater County
                Planning and Zoning Commission and the Sweetwater County Board of
                Commissioners. The staff will prepare a report documenting the areas of
                disagreement and the conditions and/or concerns which resulted in referral of the
                permit application to the Planning and Zoning Commission and the Sweetwater
                County Board of Commissioners.

        3.      OPTION III.

                Conditional Home Occupation III Permits may be issued only after a public
                hearing. For permits to be issued for home occupations that do not meet all of the
                Typical Conditions for Option II, an application to the entire Planning and Zoning
                Commission and the Sweetwater County Board of Commissioners must be
                submitted. In its discretion, the Sweetwater County Board of Commissioners can
                issue permits provided:

                a.      All reasonable objections of the neighborhood must be resolved prior to
                        issuing the permit.

                b.      No home occupation will be allowed which materially changes the character
                        of the neighborhood.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                143
        4.      TYPICAL CONDITIONS. Less restrictive permits for home occupations may be
                issued by staff for Home Occupations Option II meeting all of the following
                conditions:

                a.      ACCESSORY USE.

                        A home occupation may only be permitted as accessory to the residential
                        main use of a lot in a residential district. As an Accessory Use, the home
                        occupation shall constitute less than 40% of the floor area than the
                        residential use and shall constitute less than 40% of the area of the lot than
                        the residential use, except as otherwise permitted by the Planning and
                        Zoning Commission.

                b.      EMPLOYEES.

                        Employees of any home occupation may only be members of the family
                        occupying a dwelling unit on the lot upon which the home occupation is
                        located plus one employee not residing on the lot.

                c.      SIGNAGE.

                        Signs shall not exceed 24”X36”. All other requirements of Section 9, Sign
                        Regulations, shall apply.

                d.      PARKING.

                        See Section 8, Off-Street Parking and Loading Maintenance. Include size,
                        height, and weight of commercial vehicles involved.

                e.      RETAILING ACTIVITIES.

                        Retailing and wholesaling of merchandise which is not produced on the site
                        of the home occupation shall be generally prohibited. On-site retail and
                        wholesale activities shall not be advertised by means of television, radio, or
                        newspaper, except for small, classified newspaper ads.

                f.      STRUCTURAL ADDITIONS.

                        No structures may be constructed for the express purpose of providing floor
                        area for a home occupation or to provide space for a residential use
                        displaced by a home occupation.

                g.      HOURS OF OPERATION.

                        No home occupation involving visits to the site of the home occupation by
                        customers or the loading or unloading of business-oriented material shall be
                        operated between the hours of 8:00 p.m. and 8:00 a.m.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 144
                h.      NOISE, LIGHTS, ODORS.

                        No home occupation shall be permitted which creates noises, glare, lights,
                        odors, electrical or electronic disturbances, or other obnoxious emissions
                        detectable beyond the boundaries of the lot on which such occupation is
                        located. The Home Occupation Permit may be revoked for any violation of
                        these standards.

                i.      OUTSIDE WORK.

                        No work required to carry on a home occupation shall be performed outside
                        of the structures located on the site.

                j.      OUTSIDE STORAGE.

                        No merchandise constructed, repaired, or otherwise handled in the operation
                        of a home occupation shall be displayed or stored outside of the structures
                        or in any manner visible from any place outside of the lot on which the
                        occupation is located.

                k.      PERIODIC REVIEW.

                        Every home occupation shall be subject to periodic inspection by Land Use
                        Office staff in response to complaints or to ensure compliance.

                l.      REVOCATION.

                        This permit may be revoked by the Planning and Zoning Commission for
                        violation of any of the above conditions or any of the provisions of the
                        zoning regulations. Appeals of the Planning and Zoning Commission‟s
                        decision to revoke the permit shall be made to the Board of County
                        Commissioners.

                m.      NON-TRANSFERRABLE PERMIT.

                        The permit for a home occupation shall be granted to the applicant only, for
                        a specified time period for Options II and III permits, and shall not be
                        transferable to his successors or assigns.

                n.      Comments solicited from neighbors reveal no objections.

D.      Notice Requirements.

        Notice for Type II and III Home Occupation Permits shall be given at least 14 days in
        advance of the Planning and Zoning Commission and the Board of County Commissioners
        Meeting. Such notice shall consist of notification of adjacent property owners and


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                145
        placement of a sign on the property that is the subject of the permit request. Notification
        shall include the following:

        1.      Name of applicant.

        2.      Nature of application request.

        3.      Date, time and location of public meetings.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               146
Section 11.             Development Plans
A.      Purpose

        Under the normal provisions of this Ordinance a separate Zone Lot must be designated and
        maintained for each structure containing a Permitted Use or Uses. Pursuant to the
        procedures hereinafter set forth, two or more structures containing Permitted Uses may be
        erected and maintained on the same Zone Lot, and several Zone Lots may be combined into
        a special Development Plan of two or more structures containing the same or different
        Permitted Uses. This procedure is intended to permit diversification in the location of
        structures of the land while yet maintaining adequate standards for the preservation of the
        public health, safety, and welfare.

B.      Applicable Districts

        The Development Plan process may be utilized in the following Zoning Districts: “CRS”
        (Commercial & Recreational Services District), “B” (Retail Business District), “C”
        (General Commercial District), “I-1” (Light Industrial District), “R-3” (Multi-Family
        Residential District), and “I-2” (Heavy Industrial District). Additionally, if applicable, the
        Subdivision Regulations may also apply. (Resolution 07-02-ZO-04)

C.      Submittal and Contents

        All applications for approval of a Development Plan shall be filed with the Land Use
        Department. Such a filing shall include:

        1.      A statement certifying that the signatories are the owners of the tract described and
                agree to be bound by the provisions of the Development Plan.

        2.      Plats or plans drawn to scale showing at least the following detail:

                a.      The legal description of the land area included in the proposed Zone Lot.

                b.      The land area to be included within the Development Plan, its present
                        zoning classification, the zoning classification of abutting lands, and all
                        public and private rights-of-way and easements abutting or crossing the land
                        area which are existing, proposed, or to be abandoned.

                c.      The proposed finished grade of the designated area.

                d.      The location of each existing and proposed structure in the designated area
                        together with a notation of the Permitted Uses to be contained in the
                        structures, the gross floor area of the structure, the height of the structure,
                        and the location of the entrances and loading areas.

                e.      All curb cuts, driving lanes, parking areas, and loading areas.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   147
                f.      All pedestrian walks and malls and open areas.

                g.      The location and height of all fences and walls.

                h.      The type of surfacing such as paving, turf, or gravel.

                i.      The location of all fire hydrants.

                j.      The locations of landscaping and general type of landscaping materials.

                k.      A place for the certificate and date of approval of the Sweetwater County
                        Board of County Commissioners.

D.      Review and Approval

        1.      The Land Use Department shall receive all Development Plans submitted pursuant
                to this section. The Land Use Department shall review the submitted Development
                Plans for appropriateness and for compliance with these regulations. During its
                review of the Development Plan, the Land Use Department may make
                Development Plan information available to and confer with any agency or person.
                Upon completing its review the Land Use Department shall make a written
                recommendation for approval or disapproval of the Plan, and schedule the
                Development Plan and the Department‟s recommendation for discussion at a
                regular meeting of the Planning and Zoning Commission. The Planning and
                Zoning Commission and the Sweetwater County Board of Commissioners‟
                consideration of the Development Plan shall be based on the following standards:

                a.      The structures noted on the Plan must meet all of the limitations as to
                        height, setback, open space, and other regulations governing in the zoning
                        district in which the Development Plan is located.

                b.      Adequate provisions must be made for:

                        (1)      Proper grading, paving, gutters, and treatment of turf to handle
                                 storm water and prevent erosion.

                        (2)      Pedestrian ways and open spaces which are safe and convenient and
                                 separated from vehicular traffic, loading, and parking.

                        (3)      Safe and efficient vehicular circulation, both on the site and at
                                 entrances to the public street system.

                        (4)      Safe play and recreational areas for residential complexes intended
                                 for family occupancy.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                148
                        (5)      In commercial or industrial complexes screening or planting to
                                 shield any adjacent residential areas from the visual encroachment
                                 of commercial and industrial architecture and activity.

                c.      Buildings shall be arranged so that no part of any building containing a
                        Permitted Use is closer than 20 feet to another building containing a
                        Permitted Use.

                d.      Buildings shall be arranged so that all buildings are accessible by
                        emergency vehicles.

        2.      After due deliberation the Planning and Zoning Commission shall either
                recommend approval or disapproval of the Development Plan and shall forward the
                application to the Sweetwater County Board of Commissioners for final action. An
                approved Development Plan shall be recorded by the County Clerk and a copy filed
                among the County Land Use Office‟s records as a reference in issuing the proper
                permits. If the Development Plan is disapproved, the Board of Commissioners shall
                state in writing conditions whereby the Plan might gain approval.

        3.      Notice Requirements: Notice of all public meetings shall be given at least 14 days
                in advance of the Planning and Zoning Commission and the Board of County
                Commissioners Meetings. Such notice shall consist of notification of adjacent
                property owners and placement of a sign on the property that is the subject of the
                permit request. Notification shall include the following:

                a.      Name of applicant.

                b.      Nature of application request.

                c.      Date, time and location of public meetings.

E.      Significance

        Development Plans approved by the Sweetwater County Board of County Commissioners,
        recorded and filed by the County Clerk, shall be binding upon the owner or owners of the
        land included in the Plan, and all permits and certificates shall be issued in accordance with
        the recorded Plan.

F.      Amendments

        Recorded Development Plans may be withdrawn or may be amended pursuant to the same
        conditions and procedures whereby they first gained approval.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 149
Section 12.             Regulation of Fireworks Businesses and Application
                        for Conditional Fireworks Permits
A.      Purpose of Regulations

        The purpose of these Regulations is to promote the health, safety and welfare of the public
        and the citizens of Sweetwater County, and to impose standards for fireworks businesses
        which will ensure public safety and the compatibility of such businesses with surrounding
        neighborhoods.

B.      Definitions

        Certain words or terms, used throughout these Regulations, are defined as follows. All
        other words used herein shall have their common meanings.

        1.      Conditional Fireworks Permit. A conditional use permit, as defined in Section 6 of
                the Zoning Resolution of Sweetwater County, which, if granted to the owner of a
                fireworks business, certifies that the owner is engaged in the retail sale of legal
                fireworks in compliance with these regulations.

        2.      Fireworks. Firework devices designed primarily to produce visible or audible effect
                by combustion, and which comply with the construction, chemical composition and
                Department of Transportation labeling requirements for Class C, Common
                Fireworks (I.4G), a defined by the Product Safety Commission.

        3.      Fireworks Business. Any business which sells fireworks as defined herein, to
                include buildings or structures from which fireworks are sold or in which they are
                stored.

        4.      Fireworks Business Owner. Any individual, partnership, corporation or limited
                liability company which owns a fireworks business.

        5.      Hazardous Material. Those chemicals or substances which are physical hazards or
                health hazards as defined and classified in Article 80 of the Uniform Fire Code,
                whether the materials are in usable or waste condition.

        6.      Nonconforming Use. Any use which, on the effective date of these Regulations or
                as a result of subsequent amendments thereto, does not conform to the Permitted
                Uses established for the district in which the use is located or is permitted with a
                current, valid conditional use permit. Nonconforming uses are governed by Section
                7 of the Zoning Resolution of Sweetwater County.

        7.      Soft-Sided Structure. A tent or tarp-like structure constructed of canvas, nylon or
                similar material.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                150
        8.      Storage Unit. Any building, semi-trailer, or other structure or edifice the primary
                purpose of which is the storage of fireworks as defined herein, but which shall not
                include any soft-sided structure as defined herein.

        9.      Uniform Fire Code. The model fire code published by the International Fire Code
                Institute of Austin, Texas. The most recently published edition of the code in
                existence at any particular time shall apply.

C.      General Requirements

        1.      Zoning Standards

                a.      A fireworks business shall not be located outside of a Light Industrial,
                        Commercial, Commercial Recreational Service, or Business zoned District.

                b.      A fireworks business shall be on an approved zone lot which meets the
                        public access and frontage requirements of the Zoning Resolution of
                        Sweetwater County.

                c.      Any fireworks business which operated prior to January 1997 and which
                        complies with all of these Regulations shall be considered nonconforming
                        for the purposes of (a) and (b) above.

        2.      Construction Standards

                a.      A fireworks business shall be constructed to meet the setback requirements
                        of the zoning district in which it is located. Any fireworks business which
                        operated prior to January 1997 and which meets all other applicable
                        regulations shall be considered nonconforming for this requirement.

                b.      A fireworks business or its associated storage units shall not be constructed
                        within one hundred (100) feet of gasoline, gasoline products, or any
                        gasoline source including pumps or storage containers. Storage units shall
                        be located not less than one hundred fifty (150) feet from any exit or
                        entrance to the premises on which fireworks are sold, and not less than
                        twenty (20) feet from said premises on any side of the building which does
                        not contain an exit or entrance. Storage units shall be adequately secured
                        from and against access by the public. Any fireworks business which
                        operated prior to January 1997 and which meets all other applicable
                        regulations shall be considered nonconforming for this requirement.

                c.      A fireworks business shall have public access doors at least thirty (30)
                        inches wide at both the left and right sides of the structure, and one
                        additional door for each twenty-five (25) feet of rear wall in excess of
                        twenty-five (25) feet. All doors shall open outward from the business, and
                        all doorways shall be kept free and clear of supplies, materials or any other


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                151
                        obstruction at all times. All doors shall remain unlocked and operable from
                        the inside during business hours.

                d.      No soft-sided structures shall be permitted on the premises of a fireworks
                        business.

                e.      Parking on the premises of a fireworks business shall be provided in
                        accordance with the requirements of the Zoning Resolution of Sweetwater
                        County and the recommendations of the Sweetwater County Land Use
                        Department. Any fireworks business which operated prior to January 1997
                        and which meets all other applicable regulations shall be considered
                        nonconforming for this requirement.

                f.      Any modification of five thousand dollars ($5,000.00) or more to the site or
                        structure of a fireworks business shall be approved by the Sweetwater
                        County Land Use Department. Any unapproved modification may be
                        grounds for revocation of the owner‟s Conditional Fireworks Permit.

        3.      Health Standards

                a.      A fireworks business shall provide adequate sanitary facilities for
                        employees which comply with all applicable health regulations and are
                        approved by the Sweetwater County Health Department. Where the Health
                        Department has approved the use of portable toilets in connection with a
                        fireworks business, such toilets shall be pumped and cleaned as necessary to
                        maintain them in sanitary conditions, but not less than one (1) time per
                        week.

                b.      A fireworks business shall have at least one (1) metal trash container with a
                        lid on the premises.

        4.      Fire Safety Standards

                a.      The premises upon which fireworks are sold shall contain at least two (2)
                        fire extinguishers, in good working order and easily accessible, which shall
                        meet current NFPA-10 standards. Any storage unit associated with the
                        fireworks business shall contain at least two (2) fire extinguishers which
                        meet the above standards. All fire extinguishers on the premises shall be
                        inspected annually by a licensed fire extinguisher dealer.

                b.      No smoking shall be permitted in or on the premises of the fireworks
                        business. A sign stating in bold letters “NO SMOKING” shall be
                        prominently displayed inside and outside the fireworks business.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                152
                c.      No fireworks shall be discharged in or on the premises of the fireworks
                        business, or within one hundred fifty (150) feet of the fireworks business or
                        any of its storage units.

                d.      A fireworks business shall not have on its premises any hazardous material
                        which is unrelated to the sale of fireworks. Any gasoline, petroleum
                        product or hazardous material shall be stored in a separate structure which
                        complies with these regulations. The separation between exits or entrances
                        to the fireworks business and the structure containing gasoline, petroleum
                        products or hazardous materials shall not be less than one hundred fifty
                        (150) feet. The separation between any side of the fireworks business
                        which does not contain an exit or entrance and the structure containing
                        gasoline, petroleum products or hazardous material shall not be less than
                        twenty (20) feet. Any fireworks business which operated prior to January
                        1997 and which meets all other applicable regulations shall be considered
                        nonconforming for such separation distances.

                e.      Grass, weeds or other vegetation over three (3) inches in height, or the
                        potentially flammable cuttings or residue thereof, shall not be permitted on
                        the premises of the fireworks business or within one hundred and fifty (150)
                        feet of the fireworks business, while said business is operational. If the one
                        hundred and fifty (150) foot perimeter extends into adjacent property, then
                        the adjacent property owner shall be responsible for controlling weeds,
                        grasses, or other vegetative matter within the perimeter area on their
                        property.

                f.      A sign supplied by the Sweetwater County Land Use Department,
                        containing prohibitions for discharge of fireworks on public or private
                        lands, unless those lands are owned by the fireworks user or the user has the
                        permission of the landowner, shall be displayed prominently on the
                        premises of the fireworks business so that it may be easily viewed by the
                        public.

                g.      To ensure accessibility for emergency vehicles, a fireworks business and its
                        associated storage units shall be located on zone lots with public access and
                        roadway frontage approved by the Sweetwater County Fire Marshal and the
                        Sweetwater County Land Use Department.

                h.      In the event that the Sweetwater County Commissioners pass a resolution
                        pursuant to Wyoming Statute Section 35-9-301 declaring an extreme fire
                        danger in the county, and notify fireworks businesses of same, fireworks
                        businesses shall cease all sales of fireworks immediately and shall
                        prominently display a sign within the fireworks business stating in bold
                        letters “DUE TO EXTREME FIRE DANGER, IT IS UNLAWFUL TO
                        SELL OR DISCHARGE FIREWORKS IN SWEETWATER COUNTY”.
                        Fireworks business shall be notified within a reasonable time that a ban is in
                        place or has been lifted.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 153
                i.      The Uniform Fire Code shall apply to and govern the sales of fireworks and
                        the operation of a fireworks business.

        5.      Liability Insurance

                The operator of a fireworks business shall carry property and liability insurance
                coverage of at least $1,000,000, and provide proof of same to the Sweetwater
                County Land Use Department.

        6.      Conditions of Sale

                A fireworks business shall not sell fireworks of any kind to any person under
                sixteen (16) years of age.

        7.      Employment

                A fireworks business shall comply with all state and federal laws, rules and
                regulations relating to labor and employment.

        8.      Enforcement of Regulations

                a.      All fireworks business located within Sweetwater County shall be subject
                        to, and shall comply with, these Regulations and all applicable state or
                        federal laws, rules and regulations, including but not limited to Wyoming
                        Statute Sections 35-10-201 through 35-10-208 and any amendments thereto.

                b.      The Sweetwater County Land Use department, Sweetwater County Health
                        Department, Sweetwater County Fire Marshal, and Sweetwater County
                        Sheriff‟s Office are authorized to enforce these Regulations, and shall be
                        referred to herein as Enforcement Officials.

                c.      An Enforcement Official may inspect a fireworks business at any
                        reasonable time to ensure compliance with these Regulations, the
                        Conditional Fireworks Permit, the site plan, the construction drawings, and
                        the Uniform Fire Code.

                d.      An Enforcement Official shall investigate alleged violations of these
                        Regulations. If any violations are found, a report shall be prepared by the
                        Enforcement Official documenting the violation. The Enforcement Official
                        may direct that the fireworks business correct the violation immediately, or
                        may direct that the violation be corrected within a reasonable period of time.
                        If the violation is not corrected as directed by the Enforcement Official, or if
                        the same violation has been reported more than once within the same season
                        of operation, the Enforcement Official, or if the same violation has been
                        reported more than once within the same season of operation, the
                        Enforcement Official may request that the Sweetwater County
                        Commissioners revoke the permit of the fireworks business. The

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   154
                        Enforcement Official may present the request for revocation to the
                        Sweetwater County Commissioners at a special meeting called for the
                        purpose of reviewing the request, or may present the request at a regularly
                        scheduled meeting of the Commissioners. Upon a finding that a violation
                        has occurred, the Commissioners may revoke the permit of a fireworks
                        business for up to five (5) years, or may impose restrictions upon continued
                        operation of the business.

                e.      Any Wyoming peace officer shall seize all stocks of fireworks held in
                        violation of these Regulations or Wyoming Statute Sections 35-10-201
                        through 35-10-208, and shall apply to a county or district court for the
                        disposition of the seized inventory. Following a hearing in which it is
                        determined that the fireworks were held in violation of these Regulations or
                        Wyoming Statute Sections 35-10-201 through 35-10-208, the fireworks
                        shall be destroyed or otherwise disposed of upon court order.

                f.      Any person violating any provision of Wyoming Statute Sections 35-10-201
                        through 35-10-207 is guilty of a misdemeanor, and upon conviction, shall
                        be punished by a fine of not more than seven hundred fifty dollars ($750.00)
                        or by imprisonment not exceeding sixty (60) days, or by both such fine and
                        imprisonment.

                g.      The Sweetwater County Fire Marshal shall abate fire danger nuisances
                        pursuant to Wyoming Statute Sections 35-9-111 and 35-9-116. The
                        Sweetwater County Commissioners may abate fire danger nuisances
                        pursuant to Wyoming Statute Section 35-9-406.

                h.      The Sweetwater County Health Officer shall abate nuisances posing a threat
                        to public health in accordance with Wyoming Statute Section 35-1-240.

D.      Application for Conditional Fireworks Permit

        1.      General Requirements.

                Before a fireworks business is developed or permitted within Sweetwater County, a
                Conditional Fireworks Permit must be issued to the fireworks business owner by
                the Sweetwater County Commissioners in accordance with Section 6, Conditional
                Use Permit of the Zoning Resolution of Sweetwater County and the following
                procedures and standards.

        2.      Conditional Fireworks Permit Required.

                No person or other entity shall sell, offer for sale, display for sale or commence a
                fireworks business without first having obtained a Sweetwater County Conditional
                Fireworks Permit through the Conditional Use Permit process of the Zoning
                Resolution of Sweetwater County.
        3.      Responsibility for Obtaining Permit.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                155
                Each person or entity desiring to engage in the retail sale of legal fireworks in
                Sweetwater County shall file an application for a Conditional Fireworks Permit
                with the Sweetwater County Land Use Department.

        4.      Application Fee.

                A nonrefundable application fee of one hundred dollars ($100.00), payable to the
                Sweetwater County Land Use Department shall accompany the completed initial
                application or any application which requires public hearings. A nonrefundable
                application renewal fee of fifty dollars ($50.00) shall accompany a completed
                annual renewal application.

        5.      Application Deadline.

                An application for an initial or renewal Conditional Fireworks Permit shall be
                submitted to the Sweetwater County Land Use Department no later than 3:00 p.m.
                on the last weekday of April in the year in which the business will be operated.

        6.      Public Notification.

                Upon receiving a completed initial application, the Sweetwater County Land Use
                Department shall notify the public of the proposed permit by sending letters to all
                adjacent property owners, posting the property intended for use as a fireworks
                business, and advertising the proposed permit in a newspaper of general circulation
                in the county. Public notice by mail shall be at least fourteen (14) days before the
                date of any hearing required herein. Notice shall include the name of the applicant,
                nature of the application, and date, time and location of public hearings.

        7.      Public Hearings.

                Two (2) public hearings shall be required prior to approval of an initial Conditional
                Fireworks Permit. The first hearing shall be before the Sweetwater County
                Planning and Zoning Commission; the Commission shall consider all comments
                pertaining to the fireworks business, and shall forward a recommendation for
                approval or denial of the permit to the Sweetwater County Commissioners, who
                shall consider the recommendation of the Planning and Zoning Commission, and
                who shall either approve or deny the application.

        8.      Findings of Fact Necessary for Permit Approval.

                Before approving an initial Conditional Fireworks Permit, the Sweetwater County
                Planning and Zoning Commission and the Sweetwater County Commissioners
                must find that:

                a.      The application meets all terms, conditions and standards of Section 6 of the
                        Zoning Resolution of Sweetwater County

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                156
                b.      All reasonable objections of persons situated in the vicinity of the fireworks
                        business have been addressed

        9.      Special Conditions for Permit.

                To ensure that the fireworks business does not unreasonably affect the health, safety
                and general welfare of the county or adjacent or nearby properties or residents, the
                Sweetwater County Commissioners may impose special conditions on the operation
                of the fireworks business, in addition to those contained herein.

        10.     Issuance of Permit.

                Upon approval of an application in accordance with these Regulations, a
                Conditional Fireworks Permit must be issued by the Sweetwater County Fire
                Marshal or Sweetwater County Land Use Department before a business may
                commence the sale of fireworks.

        11.     Term and Renewal of Permit.

                A Conditional Fireworks Permit shall be valid for one (1) year from the date of
                issuance. Upon expiration of the permit, it must be submitted for review to the
                Sweetwater County Land Use Department. If the Department finds no documented
                violations of these Regulations or any other applicable rule, regulation or law, and if
                it further determines that no changes should be made in the terms or conditions of
                the permit to assure compliance with these Regulations or to address concerns of
                the public or adjacent property owners, then the Department may renew the permit.
                Once every five (5) years, a fireworks business must apply for a new Conditional
                Fireworks Permit in accordance with the procedures outlined in these Regulations.

        12.     Transferability of Permit.

                A Conditional Fireworks Permit is personal to the business owner, and is not
                transferable or assignable under any circumstances. A Conditional Fireworks
                Permit is granted only for the sale of fireworks on the property described in the
                application. Any fireworks business operated before January 1997, which is sold,
                shall maintain its nonconforming status to the extent granted by these regulations;
                however, the new owner(s) must apply for and obtain a new Conditional Fireworks
                Permit before commencing business.

E.      Contents of Application. Required Information.

        1.      General Application Information.

                a.      Name, address and telephone number of applicant‟s residence and any
                        places where applicant conducts a fireworks business.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  157
                b.      Name under which applicant does business.

                c.      Name and address of all officers and owners in any partnership, corporation
                        or limited liability company through which the fireworks business shall be
                        operated.

                d.      Name, address and telephone number of owner of property where the
                        fireworks business shall be located, if different from above.

                e.      Address and telephone number of fireworks business for which application
                        is being submitted.

                f.      Name, policy number, address and telephone number of applicant‟s liability
                        insurance carrier.

                g.      Legal description of property.

                h.      Description of fireworks business including buildings, storage, hours of
                        operation, term of operation, number of employees, and any other pertinent
                        information.

                i.      Current zoning of property on which fireworks business shall be conducted.

                j.      Acknowledgement that the fireworks business shall comply with all
                        applicable state and federal labor and employment rules, regulations and
                        laws.

                k.      Acknowledgement by applicant and landowner, if different, that they have
                        been provided with a copy of the Sweetwater County Regulation of
                        Fireworks Businesses, that they understand the Regulations and the
                        requirements for issuance of a Conditional Fireworks Permit, and that they
                        understand the grounds for possible revocation of the permit.

        2.      Site Plan Information

                a.      Date of preparation

                b.      North arrow

                c.      Scale

                d.      Location and type of surveyed property corners (an Improvement Location
                        Certificate from a Wyoming Licensed Surveyor may be required.)

                e.      Proposed plan showing setback distances from buildings, property lines,
                        uses of structures and quantity of stored fuel.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               158
                f.      Location of structures and uses on adjacent properties.

                g.      Location of septic tank/leach field and well.

                h.      Type and dimension of easements

                i.      Parking spaces as required by the Sweetwater County Land Use
                        Department.

        3.      Construction Plan Information

                a.      General description of fireworks business indicating dimensions, type of
                        construction, and material used.

                b.      Layout of fireworks business showing exits, storage and dimensions.

                c.      Front and side elevations.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 159
Section 13.             Growth Management Area - Highway Frontage
                        Overlay Regulations
A.      Purposes

        The purposes of these Highway Frontage Overlay Regulations are to create inviting
        entryways into the cities and communities of the County; to attract business investment
        to the County; to reduce trash, clutter and the nuisances created by them; and to improve
        the appearance of the areas adjacent to major roadways in the County for the benefit of
        its citizens.

B.      Application

        These regulations apply to all lands, other than those zoned for residential purposes,
        within 1000 (one thousand) feet of the centerline of the nearest traveled way of all state
        and federal highways and County road 4-45 within the Growth Management Area and
        outside city boundaries.

C.      Site Improvements

        On all properties and portions of properties located within the affected areas, the
        following requirements shall be in addition to the requirements of the zoning district in
        which the property is located. These requirements shall apply unless it can be otherwise
        demonstrated, through a conditional use permit, that the objectives of the Highway
        Frontage Overlay Regulations can be met:

        1.      Site Improvements.

                a.      All outside storage and work areas visible from the designated highways
                        shall be screened. Displays of products for merchandising purposes need
                        not be screened.

                b.      No storage shall be visible above the fence when viewed standing at ground
                        level at the lot line. Screening fences shall be a minimum of six (6) feet
                        above finished grade. Screening may be required on all sides. Alternative
                        screening plans and methods may be submitted. Staff may approve
                        alternative methods or defer to the Planning and Zoning Commission for
                        review and action. (Resolution 10-09-CC-04)

                c.      Screening shall be maintained.

                d.      Screening shall be constructed from materials designed or traditionally
                        meant for screening purposes such as wood, brick, concrete block, or chain
                        link with slats or vinyl fencing.

                e.      Screening may include berms, fences and landscaping in combination.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               160
                f.      Buildings and roofs shall be constructed with non-reflective colors specified
                        in the most current edition of the BLM Standards of Environmental Colors.
                        (Resolution 10-09-CC-04)

        2.      Landscaping.

                a.      Landscaping of the site is encouraged.

                b.      Xeriscaping (dry land-landscaping), use of native vegetation, and/or seed
                        mixes that discourage weeds are recommended.

        3.      Lighting.

                a.      Outdoor lighting shall be down-focused, sodium-vapor lights, or other soft
                        lighting.

                b.      Lighting should not interfere with traffic on adjacent roadways.

        4.      Off-Street Parking.

                a.      All off-street parking areas shall be covered with gravel, asphalt or concrete.

        5.      Site Maintenance

                a.      Dust control measures shall be taken.

                b.      Landscaping shall be maintained.

                c.      Trash and debris shall be removed.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  161
Section 14.             Growth Management Area - Scenic Overlay
                        Regulations
A.      Purposes.

        The purposes of these Scenic Overlay Regulations are to preserve the scenic vistas and
        characteristic geographical features in the Growth Management Area and around the cities
        of Green River and Rock Springs.

B.      Application.

        These regulations apply to all lands within the Growth Management Area designated as
        Scenic Overlay on the Sweetwater County Zoning Resolution Exhibit 1, Highway, Scenic
        and Slope Regulation Map.

C.      Site Improvements.

        On all properties and portions of properties located within the identified areas, the
        following requirements/guidelines are in addition to the requirements of the zoning district
        in which the property is located, and must be addressed in all applications for development
        in the Scenic Overlay:

        1.      Buildings and roofs shall be constructed with non-reflective colors specified in the
                most current edition of the BLM Standards of Environmental Colors. (Resolution
                10-09-CC-04)

        2.      Siting/location/design of structures in a manner that avoids abrupt disruptions of the
                natural skyline along topographic high points and ridgelines is encouraged.

        3.      Preservation of existing native vegetation is encouraged.

        4.      Cuts and fills shall be stabilized and re-vegetated so as to blend with the natural
                surroundings.

        5.      Outdoor lighting shall be down-focused, sodium-vapor lights, or other soft lighting.

        6.      Wildlife friendly fencing is encouraged.

        7.      All outside storage and corral areas visible from the designated highways shall be
                screened. Displays of products for merchandising purposed need not be screened.

        8.      No storage shall be visible above the fence when viewed standing at ground level at
                the lot line. Screening fences shall be a minimum of six (6) feet above finished
                grade.

        9.      Screening shall be maintained

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   162
        10.     Screening shall be constructed from materials designed or traditionally meant for
                screening purposes such as wood, brick, concrete block, or chain link with slats, or
                vinyl fencing.

        11.     Screening may include berms, fences and landscaping in combination.

        12.     Buildings and roofs shall be constructed with non-reflective and colors specified in
                the BLM Standards of Environmental Colors. (Resolution 10-09-CC-04)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 163
Section 15.             Growth Management Area - Supplemental Slope
                        Regulations
A.      Purposes

        The purposes of these Supplemental Slope Regulations include prevention of property
        damage and public hazards from erosion, slope instability, flooding and rock-fall which can
        occur due to poorly designed and constructed improvements on slopes.

B.      Application

        These regulations apply to all lands within the Growth Management Area designated as
        Slope Area on the Sweetwater County Zoning Resolution Exhibit 1, Highway, Scenic and
        Slope Regulation Map.

C.      Site Improvements

        On all areas subject to these regulations, the following requirements apply in addition to the
        requirements of the zoning district in which the property is located:

        1.      Application Requirements

                Applications in the Slope Area must be accompanied by a contour map at a scale
                sufficient to determine whether 15% or greater slopes are present in the area
                proposed for development. All permit applications that would affect slopes of 15%
                or greater shall include the following documents and information:

                a.      A site plan of the proposed development, showing all site improvements
                        and pre- and post-construction contours on the site and for all access
                        roadways to the site. The site plan must be accompanied by a vegetation
                        removal and restoration plan.

                b.      A certification by a Wyoming Licensed Professional Engineer that:

                        (1).     All cuts, fills, buildings, structures, roadways, parking lots, and
                                 other constructed facilities are designed to prevent erosion and slope
                                 and structural instability.

                        (2).     The drainage, soil and geo-technical characteristics of the developed
                                 site will not adversely affect adjacent properties, upstream or
                                 downstream lands, or the stability of the hillside.

                        (3).     Adequate/appropriate erosion control measures are included as part
                                 of site design.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   164
Section 16.             Rules Regarding Roads for Obtaining Sweetwater
                        County construction/use permits on parcels, 35 acres or
                        larger, Located within the Growth Management Area
                        (GMA) of Sweetwater County, Wyoming
A.      Authority

        This policy is adopted pursuant to, in accordance with, and as an exercise of the authority
        vested in the Board of County Commissioners of Sweetwater County by Wyoming Statutes
        §18-5-201 -208, §16-3-103, the Zoning Resolution of Sweetwater County, and the Uniform
        Fire Code.

B.      Short Title

        These rules shall be known, cited, and referred to as Rules for GMA Parcels 35 Acres or
        Larger.

C.      Purpose and Application

        1.      Purpose.

        These rules are adopted with the following purposes in mind:

                a.      To preserve the following goals of Sweetwater County:

                b.      To ensure the orderly growth and development of lands within the County.

                c.      Secure the health, safety and welfare of the population through the provision
                        of adequate emergency access, and the prevention of flood and erosion
                        damage from improperly designed and constructed roadways

                d.      Provide the most beneficial relationship between the proposed uses of the
                        land and the circulation of traffic throughout the County.

                e.      Identify and develop transportation corridors that: support community
                        growth and encourage the future development of streets and highways;
                        provide for the efficient delivery of public emergency service; and, provide
                        for the efficient and safe movement of people, goods and service throughout
                        the community.

                f.      Allow for the construction, development, use and private maintenance of
                        fire apparatus roads for parcels 35 acres or larger.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                165
        2.      Application

                a.      These rules shall apply to all parcels 35 acres or larger located within the
                        Growth Management Area of Sweetwater County, Wyoming. Parcels that
                        are adjacent to a Federal or State highway or a County road and have an
                        approved documented legal access from the same are exempt from the Fire
                        Apparatus Access Road Requirements of this policy. Setback requirements
                        of this policy shall apply to all parcels 35 acres or larger.

                b.      These rules are supplemental and in addition to the current regulations of
                        the Sweetwater County Zoning Resolution and Growth Management Plan.

D.      Administration and Enforcement

        1.      Administration: The Sweetwater County Technical Review Team shall administer
                the provisions of these rules.

        2.      Construction/Use Permit Initial Approval Process: Persons requesting a
                Construction/Use Permit under the provisions of this policy shall submit their
                request on a form supplied by the Sweetwater County Land Use Office.
                Preliminary approval of the Construction/Use Permit shall be given if the proposed
                use and site plan comply with the following:

                a.      Setbacks

                        (1)      Setbacks for all structures other than Minor Accessory Structures
                                 shall be eighty-five (85) feet from all property lines.

                        (2)      Setbacks for Minor Accessory Structures shall be governed by the
                                 existing setbacks established for the zoning district in which the
                                 parcel is located.

                b.      Compliance with Sweetwater County Development Codes

                        (1).     To obtain a Sweetwater County Construction/Use Permit the
                                 developer must comply with all provisions of these Rules for
                                 Parcels 35 acres or Larger and all existing Development Codes of
                                 Sweetwater County.

        3.      Fire Apparatus Road Plan Approval: Contemporaneously with, or after initial
                approval of the Construction/Use Permit application, persons requesting a
                Construction/Use Permit under the provisions of this policy shall submit two copies
                of Fire Apparatus Access Road plans which meet the following requirements:

                a.      Fire Apparatus Access Roads shall be located within an approved easement
                        of record.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                166
                b.      Fire Apparatus Access Road easements shall begin at an approved access
                        point on a State, County or publicly maintained road, and extend to the front
                        line of the developer‟s property. Widths of said easements shall be a
                        minimum of sixty feet and sufficient to accommodate construction and
                        maintenance of the entire road and related drainage facilities. Approved
                        easements shall grant perpetual and assignable rights of access to the
                        developer by means of private deed, or to the public by means of public
                        dedication.

                c.      If practical, the Fire Apparatus Access Road easements shall be located
                        along property lines and in a manner that does not subdivide any parcel.

        4.      Design and Construction Requirements

        All fire apparatus access roads shall be constructed to meet the design requirements of
        Section J of these rules.

E.      Construction/Use Permit Final Approval Process

        1.      Final approval of the Construction/Use Permit shall be given upon the submission
                of the following:

                a.      Certification by a Wyoming Licensed Professional Engineer stating that the
                        Fire Apparatus Access Road has been constructed to meet the design
                        requirements of Section J of these rules.

                b.      A signed, notarized, and recorded copy of a “Waiver of Sweetwater County
                        Road Maintenance” form supplied by the Sweetwater County Land Use
                        Office.

F.      Responsibility for expenses related to these rules:

        1.      The developer shall bear all costs associated with implementing the requirements of
                these rules.

G.      Enforcement

        1.      The Sweetwater County Technical Review Team shall provide enforcement of
                these rules.

        2.      These rules shall be enforced under the policies and procedures stated in the
                Uniform Fire Code and Section 4 of the Sweetwater County Zoning Resolution.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                167
H.      Variances

        If the applicant feels he or she cannot comply with the provisions of these rules or is
        aggrieved by the provisions herein, the applicant may apply for a variance through the
        Sweetwater County appeal process as stated in Section 4 of the Sweetwater County Zoning
        Resolution.

I.      Severability

        Should any section or provision of these rules be declared by the courts to be
        unconstitutional or invalid, such declaration shall not affect the validity of the policy as a
        whole or any part thereof other than the part so declared to be unconstitutional or invalid.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 168
J.      Minimum Unpaved Fire Access Road Standard Detail:




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                169
Section 17.             Wind Farm Zoning Regulations (Resolution 06-07-
                        PZ-01)
A.      Purposes
B.      Definitions
C.      Anemometers
D.      Non-Commercial Wind Farms
        1.      Minimum Parcel Size
        2.      Total Height
        3.      Set-Back
        4.      Clear Zone
        5.      Noise
        6.      Tower Security
        7.      Lighting
        8.      Signs/Advertising
        9.      Neighborhood Concerns
        10.     Multiple Wind Energy Systems
        11.     Approved Wind Turbines
        12.     Onsite Electrical Use
        13.     Compliance with FAA Regulations
        14.     Compliance with IBC Electric Code
        15.     Compliance of Wind Energy Systems Plans
        16.     Compliance of Wind Energy Systems Installation
        17.     Utility Notification
        18.     Removal of Defective or Abandoned Wind Energy Systems
        19.     Small Wind Energy Systems
E.      Commercial Wind Farms
        1.      Application Requirements
                a.      Owner Consent
                b.      Applicant/Owner Information
                c.      Project Rationale
                d.      Plot and Development Plan
                e.      Visual Simulation
                f.      Economic Analysis
                g.      Impacts and Mitigation Measures
                h.      Life of Project and Final Reclamation of Project
                i.      Conceptual Transportation Plan for Construction and Operation Phases
        2.      Siting Guidelines
        3.      Performance Standards
        4.      Review and Approval
        5.      Final Project Reclamation




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                             170
A.      Purposes

        It is the purpose of these regulations to promote the safe, effective and efficient use of
        Commercial and Non-Commercial Wind Farms.

        Sweetwater County finds that wind energy is an abundant, renewable, and nonpolluting
        energy resource and that its conversion to electricity will reduce dependence on
        nonrenewable energy resources and decrease the air and water pollution that results from
        the use of conventional energy sources.

B.      Definitions

        For the purposes of this section, the following words and terms as used herein shall be
        defined as follows:

        1.      APPLICANT: The person, corporation or entity that is responsible for Wind Farm
                development and operation and has a property interest in the land.

        2.      ANEMOMETER: An instrument, usually located on a tower, that measures wind
                speed.

        3.      A-WEIGHTED SOUND LEVEL (dBA): A measurement of sound pressure level,
                which has been filtered or weighted to progressively de-emphasize the importance
                of frequency components below 1000 Hz and above 5000 Hz. This reflects the fact
                that human hearing is less sensitive at low frequencies and at extremely high
                frequencies, relative to the mid-range of the frequency spectrum. This area of
                sensitivity also corresponds to the human speech band. This measurement is the
                most commonly used filter in both industrial noise applications (OSHA) and
                community noise regulations.

        4.      BOARD OF COUNTY COMMISSIONERS: The three elected governing officials
                of Sweetwater County. The Board of County Commissioners is referenced in these
                regulations as the Board.

        5.      C-WEIGHTED SOUND LEVEL (dBC): The measurement of sound pressure level
                which is designed to be more responsive to low-frequency noise. C-weighting is
                intended to represent how the ear perceives sound at high decibel levels and is also
                used for evaluating impact or impulse noise such as demolition or mining blasting,
                artillery firing and bomb explosions using conventional explosives of less than
                approximately one ton.

        6.      COMMERCIAL WIND ENERGY SYSTEM: A wind driven machine that
                converts wind energy into electrical power for the primary purpose of sale, resale or
                offsite use. A commercial wind energy system consists of a wind turbine or
                machine, a tower, and associated control or conversion electronics. A wind energy
                system with a rated capacity of more than 100kw is considered a commercial wind
                energy system whether the sale of electrical power is for on or offsite use.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 171
        7.      DECIBEL (db): The measurement of a sound pressure relative to the logarithmic
                conversion of the sound pressure reference level often set as 0 db (A-weighted). In
                general, this means the quietest sound we can hear is near 0 db (A-weighted) and
                the loudest we can hear without pain is near 120 db (A-weighted). Most sounds in a
                typical environment range from 30 to 100 db (A-weighted). Normal speech at 3 feet
                averages about 65 db (A-weighted).

        8.      NACELLE: The enclosure located at the top of a wind turbine tower that houses
                the gearbox, generator and other equipment.

        9.      NON-COMMERCIAL WIND ENERGY SYSTEM: A wind driven machine that
                converts wind energy into electrical power that has a rated capacity of not more
                than 100 kW and is intended to primarily reduce on-site consumption of utility
                provided electricity. A non-commercial wind energy system consists of a wind
                turbine, a tower, and associated control or conversion electronics.

        10.     PURE TONE: A sound whose instantaneous sound pressure is a simple sinusoidal
                function of the time and is characterized by a single frequency or singleness of
                pitch. For the purpose of these regulations, a pure tone shall exist if the one-third
                octave band sound pressure level in the bandwidth of the tone exceeds the
                arithmetic average of the sound pressure levels on the two contiguous one-third
                octave bands by 5 db for center frequencies of 500 Hz and above, and 8 db for
                center frequencies between 160 and 400 Hz, and by 15 db for center frequencies
                less than or equal to 125 Hz.

        11.     PROJECT IMPACT REVIEW: A review of existing public professional literature,
                maps and other information regarding possible impacts that may be related to Wind
                Farm development and possible impact mitigation techniques and measures. Such
                information sources may include, among others, federal, state and local agencies.

        12.     PLANNING AND ZONING COMMISSION: The Planning and Zoning
                Commission is the five member commission appointed by the Board of County
                Commissioners to review and make recommendations to the Board on planning and
                land use issues as authorized by Wyoming Statutes 18-05-201 et seq and 18-05-301
                et seq. The Planning and Zoning Commission is also known as the P&Z.

        13.     ROTOR: The rotating part of a turbine, including the turbine blades.

        14.     SMALL WIND ENERGY SYSTEM(S): Small Wind Energy System(s) are stand
                alone systems of less than 2000 watts of capacity, not more than 35 feet in height
                and located in a manner that complies with all of Section 1.4 of these regulations.
                Section 1.4 (o) of these regulations may be waived by the Sweetwater County
                Engineer if, in the County Engineer‟s evaluation, the system‟s plans presented at
                the time of application demonstrate that the proposed system is structurally safe and
                sound.

        15.     STALL-CONTROL: A braking mechanism on wind turbines where the rotor
                blades are bolted onto the hub at a fixed angle. The rotor blade profile is

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  172
                aerodynamically designed to ensure that the moment the wind speed becomes too
                high it creates turbulence on the side of the rotor blade which is not facing the wind.
                This stall prevents the lifting force of the rotor blade from acting on the rotor.

        16.     TOWER: With regard to wind energy system, the structure on which the wind
                system is mounted.

        17.     TURBINE: A wind driven machine that converts wind energy into electrical power,
                also known as a wind energy conversion system.

        18.     UPWIND ROTOR: A design in which the rotor on a wind turbine tower faces
                into the wind.

        19.     WELL-DESIGNED BRAKING SYSTEM: The primary braking system, which
                uses a mechanical brake, pitch-control of the turbine blades, or stall-control to
                bring the turbine to a stop in such a way that stall-induced vibrations/noise are
                avoided.

        20.     WIND ENERGY SYSTEM: A wind driven machine that converts wind energy
                into electrical power.

        21.     WIND ENERGY SYSTEM, TOTAL HEIGHT: The highest possible vertical
                point on the machine, including the rotor and blade tips, measured from the tower
                base.

        22.     WIND FARM, COMMERCIAL: One or more commercial wind energy systems
                that comply with all applicable regulations.

        23.     WIND FARM, NON-COMMERCIAL: One or more non-commercial wind
                energy systems that comply with all applicable regulations.

        24.     WIND FARM, TOTAL HEIGHT: The highest vertical point on the machine,
                including the rotor blade tips, measured from the tower base.

C.      Anemometers

        An anemometer is a wind speed measuring device used to determine the viability of an
        area for a Non-Commercial or Commercial wind farm development. This use is
        permitted in all zoning districts by obtaining an approved Sweetwater County
        Construction Use Permit through the permit process described in Section 1.4 of these
        regulations.

D.      Non-Commercial Wind Farms

        Non-Commercial Wind Farms shall be an Accessory Structure in all base zoning
        districts, and shall be permitted by the issuance of an approved Sweetwater County
        Construction/Use Permit. The approval of the Sweetwater County Construction/Use
        permit is subject to compliance with the standard application requirements and

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   173
        compliance with all of the following Non-Commercial wind farm requirements as set
        forth below:

        1.      Minimum Parcel Size: The minimum parcel size to establish a Non-Commercial
                wind farm is one acre.

        2.      Total Height: There is no limitation on tower height except as imposed by
                setback, clear zone and FAA regulations.

        3.      Set-back: The wind energy system shall be set back a distance equal to one
                hundred and ten (110) percent of the combined height of the tower plus the
                length to the tip of the blade from all adjacent property lines. Additionally, no
                portion of the small wind energy system, including guy wire anchors, may extend
                closer than ten (10) feet to the property line.

        4.      Clear Zone: The wind energy system shall maintain a circular clear zone that has
                a radius which is equivalent to one hundred and ten (110) percent of the
                combined distance of the tower height plus the length to the tip of the blade.
                This clear zone shall be maintained free of any occupied structures, tanks
                containing combustible/ flammable liquids, and above ground utility/electrical
                lines.

        5.      Noise: Wind energy systems shall not exceed 40 dBA, as measured at the closest
                neighboring inhabited dwelling. The level, however, may be exceeded during
                short-term events such as utility outages and/or severe wind storms.

        6.      Tower Security: Any climbing apparatus must be located at least 12 feet above
                the ground, and the tower must be designed to prevent climbing within the first
                12 feet. The tower is recommended to be enclosed with an appropriate fence.

        7.      Lighting: Wind energy systems shall not be artificially lighted with accent
                lighting. For the protection of the flight patterns of aircraft and the protection of
                heliports, airports and landing strips, wind energy systems must be lighted in
                accordance to the regulations and guidelines of the Federal Aviation
                Administration (FAA) regulations or appropriate authorities.

        8.      Signs/Advertising: No tower should have any sign, writing, or picture that may
                be construed as advertising.

        9.      Neighborhood Concerns: All reasonable concerns of neighbors must be resolved
                before a Construction/Use Permit will be issued.

                To help identify and mitigate neighborhood concerns early in the permitting
                process after receiving a Construction/Use Permit Application, the Land Use
                Department will send a request for comment form to all adjacent property owners
                of record. The Land Use Department will post the applicant‟s property with a
                sign that states the nature of the applicant‟s proposed wind energy project.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  174
                If the Land Use Department has not received any written objections, during the
                21 days following the date of mailing the request for comments, the Department
                will approve the applicant‟s request provided all requirements of these rules are
                met.

                If any written objections are received, the Land Use Department will schedule a
                public hearing before the next regularly scheduled Planning and Zoning
                Commission meeting that allows for 30-day advertised notice.

                At the public hearing, the Sweetwater County Planning and Zoning Commission
                will take testimony concerning the objections to the proposed Non-Commercial
                wind farm. After hearing and considering all testimony from staff and concerned
                parties, the P&Z will then make a determination, based on the evidence
                presented, to approve, conditionally approve or deny the application.

                Any decision by staff or the Planning and Zoning Commission may be appealed
                to the Board of County Commissioners.

        10.     Multiple Wind Energy Systems: Multiple wind energy systems are allowed on a
                single parcel as long as the owner/operator complies with all Non-Commercial
                wind farm regulations contained in these regulations. Units shall be installed in
                compliance with minimum setback and clear zone requirements, as defined by
                these regulations. The minimum distance between wind energy systems shall be
                equivalent to one hundred and ten (110) percent of the combined height of the
                tower plus the blade length.

        11.     Approved Wind Turbines: At the time of application, the applicant must present
                a certification from the manufacturer that the system's turbine and other
                components equal or exceed the standards of one of the following national
                certification programs such as the: California Energy Commission, National
                Electrical Code (NEC), American National Standards Institute (ANSI),
                Underwriters Laboratories (UL), or any other small wind certification program
                recognized by the American Wind Energy Association.

        12.     Onsite Electrical Use: On the Construction/Use Permit Application, the
                applicant or property owner must certify that the proposed system will be used
                primarily to reduce onsite consumption of utility provided electricity.


        13.     Compliance with FAA Regulations: Non-Commercial wind energy systems
                must comply with applicable FAA regulations, including any necessary
                approvals for installations close to airports.

        14.     Compliance with the ICC Electrical Code: Construction/Use Permit applications
                for non-commercial wind energy systems shall be accompanied by a line drawing
                of the electrical components in sufficient detail to allow for a determination that the
                manner of installation conforms to the National Electrical Code. This information
                is frequently supplied by the manufacturer.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   175
        15.     Plans - Compliance of Wind Energy System Plans with IBC Building Code:
                Construction/Use Permit applications for Non-Commercial wind energy systems
                shall be accompanied by standard drawings of the wind turbine structure,
                including the tower, base, and footings. An engineering analysis of the tower
                showing compliance with the IBC Building Code and certified by a Wyoming
                Licensed Professional Engineer shall also be submitted. This analysis is
                frequently supplied by the manufacturer.

        16.     Installation - Compliance of Wind Energy System Installation with IBC Building
                Code: Applicant or Property owner must submit a written statement verifying
                that the proposed wind energy system was installed in accordance with the IBC
                Building Code.

        17.     Utility Notification: No non-commercial wind energy system shall be installed
                until evidence has been given that the utility company has been informed of the
                customer's intent to install an interconnected customer-owned generator. Off-
                grid systems shall be exempt from this requirement.

        18.     Removal of Defective or Abandoned Wind Energy Systems: Any wind energy
                system found to be unsafe by an authorized County official shall be repaired by
                the owner to meet federal, state and local safety standards or removed within six
                months. If any wind energy system is not operated for a continuous period of 12
                months, the County will notify the landowner by registered mail and provide 45
                days for a response. In such a response, the landowner shall set forth reasons for
                the operational difficulty and provide a reasonable timetable for corrective
                action. If the County deems the timetable for corrective action as unreasonable,
                they must notify the landowner and such landowner shall remove the turbine
                within 120 days of receipt of notice.

        19.     Small Wind Energy System(s): Small Wind Energy System(s) are stand alone
                systems of less than 2000 watts of capacity, not more than 35 feet in height and
                located in a manner that complies with all of Section 1.4 of these regulations.
                Section 1.4 (o) of these regulations may be waived by the Sweetwater County
                Engineer if, in the County Engineer‟s evaluation, the system‟s plans presented at
                the time of application demonstrate that the proposed system is structurally safe
                and sound.

E.      Commercial Wind Farms

        Commercial Wind Farm, or Wind Farms, are hereby classified as large-scale Industrial
        Uses and will be regulated in the same manner as other Industrial Uses. Commercial
        Wind Farms are a conditional use in the Agriculture (A) zone district whether they are
        developed and/or operated by a public utility, private company or individual. They are
        not allowed in any other zone district.

        1.      Application Requirements


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              176
                Prior to submitting an application for a Wind Farm, the applicant is encouraged
                to arrange a pre-application meeting with the Sweetwater County Land Use
                Department. All applications for a Wind Farms shall be accompanied by the
                following information:

                a.      Owner Consent: Evidence that the applicant is the owner of the property
                        or has written permission of the owner(s) to make such application.

                b.      Applicant/Owner Information: Name, address and phone number of the
                        applicant and owner and the applicant‟s contact person for the project.

                c.      Project Rationale: Relevant background information on the project,
                        including timeframe and project life, phases of development, likely
                        markets for the electricity produced and the possibilities for future
                        expansion.

                d.      Plot and Development Plan: A conceptual development plan of the
                        proposed wind farm drawn to scale and in sufficient detail to provide a
                        clear description of the project:

                        (1)      Requirements:

                                 a.      Drawing sheets must show the scale, a north arrow and the
                                         number of sheets in the sequence. Twelve copies (24” X
                                         36”) of the development plan must be submitted with the
                                         application.
                                 b.      Property description which includes a general vicinity map
                                         of the project and a legal description of the project
                                         boundary (i.e. NW1/4, SE1/4 Sec 2, T42N, R6W), and
                                         property acreage.
                                 c.      Structure location showing setbacks, use, and means of
                                         access for the following structures:

                                             i       Existing Structures within Project Boundary.

                                             ii      Existing Structures outside of Project Boundary:
                                                     All occupied/ manned structures and all non-
                                                     occupied structures within 1,500 feet of the
                                                     project boundary.

                                             iii     Proposed Accessory Structures: Accessory
                                                     structures include support offices, facilities and
                                                     structures related to the operation of the Wind
                                                     Farm. A general statement of how the developer
                                                     will address potable water, sewage/waste


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   177
                                                     disposal, and fire protection for these accessory
                                                     structures is required.

                                             iv      Proposed Wind Turbine Towers: Include a
                                                     conceptual site plan of a typical individual wind
                                                     turbine site and a map showing the approximate
                                                     location of each turbine. If the exact number or
                                                     dimensions of wind turbines is not known at the
                                                     time of application, the site plan shall identify a
                                                     maximum number and maximum dimensions
                                                     that will be expected and a range from minimum
                                                     to the maximum number expected. For review
                                                     purposes, all wind turbines shall be assigned a
                                                     reference number.

                                             v       Existing Utilities, Pipelines and Related
                                                     Structures. Show the location of all existing
                                                     underground and above ground utilities,
                                                     electrical lines, transmission lines, pipelines and
                                                     any accessory support facilities.

                                             vi      Proposed Utilities, Electrical/Transmission Lines
                                                     and Related Structures. Show all proposed
                                                     utilities, electrical lines, transmission lines and
                                                     any related accessory support facilities; State the
                                                     approximate voltage of each
                                                     electrical/transmission line and whether the
                                                     facilities are proposed to be located above or
                                                     below ground. Provide a general region/area
                                                     wide map clearly showing the proposed route of
                                                     proposed transmission lines and their accessory
                                                     facilities.

                                             vii     A map showing the existing topography of the
                                                     project site. USGS or other topographic map
                                                     sources may be utilized.

                                 d.      A map showing the approximate proposed drainage, grading
                                         and natural vegetation removal plan.

                                 e.      A map showing wind characteristics and dominant wind
                                         direction, which is the direction from which fifty (50)
                                         percent or more of the energy contained in the wind flows.

                                 f.      A map showing the location of any delineated 100-year
                                         floodplains or wetlands.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     178
                e.      Visual Simulation: Provide an accurate visual simulation of the project
                        components by showing:

                        (1)      Views from a reasonable number of key vantage points as
                                 determined by the applicant in consultation with staff and approved
                                 by the Planning and Zoning Commission. These vantage points
                                 must consider a 360 degree view of the project site.

                f.      Economic Analysis: Provide an estimated economic cost/benefit analysis
                        describing the impact of the project on the local and state economy with
                        respect to the following:

                        (1)      The amount of property taxes to be generated by the project.

                        (2)      The amount of sales taxes to be generated by the project.

                        (3)      The amount of other applicable taxes to be generated by the project.

                        (4)      The construction dollars to be spent locally.

                        (5)      The number of construction jobs and estimated construction payroll.

                        (6)      The number of permanent jobs and estimated continuing payroll.

                        (7)      Costs associated with the impact on roads or other County
                                 infrastructure in the area.

                g.      Impacts and Mitigation Measures: In the absence of a required
                        environmental analysis by a state or federal agency, which encompasses
                        the entire project area, provide a project impact review and a proposed
                        impact mitigation plan. The project impact review and mitigation plan
                        shall address all of the following:

                        (1)      Environment

                                 a.      Wildlife and wildlife habitat on the site and in a biologically
                                         significant area surrounding the site.

                                 b.      Any endangered or threatened species on the site and in a
                                         biologically significant area surrounding the site.

                                 c.      Avian population, including migratory birds.

                                 d.      Flora on the site.

                                 e.      Soil erosion.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    179
                                 f.      Water quality and water supply in the area.

                                 g.      Historic, cultural or archaeological resources within wind
                                         farm project area.

                                 h.      Dust from project activities.

                        (2)      Wind Farm

                                 a.      A-weighted and C-weighted noise levels at the residence
                                         nearest to the project boundary and at the property line of
                                         such residence nearest to the project boundary.

                                 b.      Any wastes, either municipal solid waste or hazardous
                                         waste, generated by the project.

                                 c.      Electromagnetic fields and communications interference
                                         generated by the project.

                                 d.      Public safety in regard to the potential hazards to adjacent
                                         properties, public roadways, communities, aviation, etc. that
                                         may be created.

                                 e.      A general discussion of any potential changes to the above
                                         assessment items that could be anticipated when considering
                                         the cumulative impacts of other adjacent wind energy
                                         projects.

                h.      Life of Project and Final Reclamation of Project: Provide a statement of the
                        useful life of the project, a general description of the decommissioning, and
                        the final land reclamation plan in the event the project is abandoned or
                        terminated. Evidence, acceptable to the Board of County Commissioners,
                        shall be presented demonstrating that the developer has entered into an
                        agreement with the property owner that ensures proper final reclamation of
                        the wind farm project. If the developer does not have a reclamation
                        agreement with the land owner that is suitable to the Board, the developer
                        shall comply with all the provisions of 1.5.5 of these regulations.

                i.      Conceptual Transportation Plan for Construction and Operation Phases:
                        Provide a conceptual Construction and Operation Transportation Plan that
                        shows the following:

                        (1)      Anticipated locations of the project‟s service road ingress and egress
                                 access points onto State or County Roads. Any proposed access
                                 onto the State or County road system must meet respective
                                 requirements.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   180
                        (2)      The general layout of the proposed wind farm service road system
                                 and the extent to which roads are planned to be upgraded. All roads
                                 servicing manned or occupied accessory buildings need to be
                                 constructed to the standards of the International Fire Code.

                        (3)      The plan for utilizing existing roadways to service the project area.
                                 To the greatest extent possible, the applicant must make use of
                                 existing roadways.

                        (4)      The anticipated volume and designated route for traffic including
                                 routes for oversized and heavy equipment needed for construction,
                                 maintenance and repairs.

                        (5)      The proposed methodology of assuring, to the public entities
                                 responsible for the roads that repairs and on-going maintenance of
                                 roads and bridges to be used in both the construction and operation
                                 phases will be carried out.

                        (6)      The plan for utilizing existing roadways within the project area.


        2.      Siting Guidelines

                The following guidelines shall be considered by the Planning and Zoning
                Commission and the Board of County Commissioners in evaluating the
                appropriateness of proposed locations for Wind Farms and the proposed project
                components. The purpose of these guidelines is to assist decision-makers in
                uniformly analyzing the site-specific impacts of each proposed project and
                thereby arrive at consistent and balanced decisions.

                a.      Natural and Biological Resources - Wind Farms should not be located in
                        areas that have a large potential for biological conflicts. Wind Farms
                        should not be located in large impact areas such as wilderness study
                        areas, areas of critical environmental concern, County and state parks,
                        historic trails, and special management areas. Wind Farms should not
                        significantly impact important wildlife habitat.

                b.      Visual Impacts - Wind Farms should avoid those visual corridors that are
                        designated by the P&Z as essential view sheds or scenic areas. Essential
                        view sheds or scenic areas are those areas designated by the P&Z and the
                        Board after analyzing the applicant‟s wind farm visual simulations and
                        considering public hearing comments. A Wind Farm project should
                        maintain visual unity among clusters of turbines. To promote visual
                        uniformity, the rotors, nacelles and towers of all turbines in an array
                        should appear similar. To avoid visual clutter, intra-project power lines
                        having a voltage of 34,500 volts or less, should be buried unless the
                        applicant can sufficiently demonstrate that burying the lines will violate

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   181
                        other guidelines/standards, violate applicable law, render the project
                        economically infeasible or be hidden from public view. To avoid
                        cluttering the skyline, transformers and other electric equipment should
                        be hidden from view or otherwise constructed in harmony with the
                        surrounding landscape.

                c.      Soil Erosion & Water Quality - Wind Farms should avoid erosion.
                        Disturbance and construction on erodible slopes should be minimized.
                        The number of improved roads and construction staging areas should be
                        kept to a minimum. The grading width of roads should be minimized.
                        One-lane roadways with turn-outs are recommended. The number and
                        size of staging areas and crane pad sites should be minimized.

                d.      Historical, Cultural & Archeological Resources - Wind Farms should
                        avoid sites with known sensitive historical, cultural or archeological
                        resources.

                e.      Public Safety – Wind Farms shall be developed in a manner that utilizes
                        sound engineering practices and considers public safety in regard to the
                        potential hazards to adjacent properties, public roadways, communities,
                        aviation, etc. that may be created.

        3.      Performance Standards

                The following standards are to be achieved by each Wind Farm project without
                exception. Because they are standards, they are considered to be requirements of
                any Wind Farm project. The final decision on whether or not a particular
                standard is achieved by a Wind Farm project shall be made by the Board of
                County Commissioners after considering the recommendations of the Planning
                and Zoning Commission.

                a.      Noise Management - The noise level caused by the operation of the
                        project, measured at five (5) feet above ground level at the property line
                        coincident with or outside the project boundary, shall not exceed 65
                        decibels (A-weighted) and shall not exceed 50 decibels (A-weighted) if it
                        is determined that a pure tone noise is generated by the project.

                b.      Wind Farm Design: Wind Farms that are not designed in “accordance
                        with proven good engineering practices” or not purchased from a national
                        manufacturer with a proven track record shall be prohibited. Wind Farms
                        designed with the following characteristics shall be deemed in
                        “accordance with proven good engineering practices”:

                        (1)      At least 3 blades.

                        (2)      Upwind rotor.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              182
                        (3)      No furling, where “furling” means that the wind turbine is designed
                                 to limit its power output in high winds by changing the rotor‟s plane
                                 of rotation to a plane that is not perpendicular to the prevailing wind
                                 direction.

                        (4)      Tapered and twisted blades.

                        (5)      A well-designed braking system.

                c.      Natural & Biological Resources – Noxious weed control is required.
                        Appropriate fire measures as required by the Fire Warden shall be
                        implemented. No perches are permitted on the nacelles of turbines. Wind
                        Farms towers shall not use lattice-type construction or other designs that
                        provide perches for avian predators.

                d.      Visual Impacts - To provide visual order to a Wind Farm project, all
                        individual turbines shall have the same number of rotor blades and all rotor
                        blades shall spin in the same direction (i.e., clockwise or counter-clockwise)
                        in relation to the wind. To promote visual uniformity, all turbines at a
                        similar ground elevation shall have the same height from blade tip to the
                        ground. Except during construction, re-construction or removal, outdoor
                        storage is not permitted within the project boundary except at locations that
                        are screened from view.

                        To avoid cluttering the skyline, inverters and pendant power cables shall be
                        located inside the wind turbine tower, nacelle or structure. No
                        telecommunications dishes, antennas, cellular telephone repeaters or other
                        similar devices shall be attached to wind turbine towers. Aircraft
                        obstruction markings of the turbines by use of alternating red and white
                        bands shall be prohibited. No Billboards, logos and advertising signs of any
                        kind shall be located on the turbines.

                e.      Soil Erosion & Water Quality - Construction and maintenance shall be done
                        in strict accordance with the erosion and sediment control plan submitted
                        with the Construction Permit so as to minimize soil erosion and damage to
                        existing vegetation. If vegetation is damaged during construction, in areas
                        not occupied by the Wind Farms and related facilities and roads, it shall be
                        restored after construction is complete. Disturbed areas shall be reseeded to
                        the land owner‟s or manager‟s requirements. Dust control on the project
                        site is required.

                f.      Safety - Individual wind turbines shall be set back from all property lines
                        coincident with or outside of the project boundary a distance equal to 1.5
                        times the turbine hub height. Individual wind turbines shall be set back from
                        all public roads a distance equal to at least 1.5 times the turbine hub height.
                        Individual wind turbine heights and markings shall comply with Federal
                        Aviation Administration (FAA) regulations. If lighting of turbines, or other
                        structures, is required, “daytime white-nighttime red” shall be the only type
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    183
                        of lighting allowed unless prohibited by law. All turbines and towers shall
                        be a shade of white in color.

                g.      Commercial Setback Requirement - Individual wind turbines shall be set
                        back from all property lines coincident with or outside of the project
                        boundary a distance equal to 110% of the Wind Energy System Total
                        Height. Individual wind turbines shall be set back from all public roads a
                        distance equal to at least 110% of the Wind Energy System Total Height.
                        Individual wind turbine heights and markings shall comply with Federal
                        Aviation Administration (FAA) regulations.

        4.      Review and Approval

                The Land Use Department shall prepare a Conditional Use Permit Application
                for a Commercial Wind Farm. Upon receipt of a complete application for a
                conditional use permit for a Wind Farm, the Land Use Department will set the
                application for hearing before the Planning and Zoning Commission. Notice of
                the hearing shall be provided in the same manner as for an application to re-zone
                the project property area. Prior to the hearing, the Land Use Department shall
                evaluate the application against the requirements and guidelines of these
                regulations, and will prepare a staff report for the Planning and Zoning
                Commission. During the hearing, Planning and Zoning Commission shall review
                the staff report and review the application to determine whether it meets the
                requirements of these regulations and will make its recommendation to approve,
                deny or approve with conditions to the Board of County Commissioners. The
                Board of County Commissioners shall conduct a public hearing on the
                application and the Planning and Zoning Commission‟s recommendation. Notice
                of the hearing before the Board of County Commissioners shall be provided in
                the same manner as for an application for re-zoning. After considering all
                evidence, public testimony and the Staff‟s report, the Board may approve, deny
                or approve with conditions the Conditional Use Permit.

                Upon approval of the Conditional Use Permit for a Wind Farm project, the
                developer will submit to the Land Use Department a complete Sweetwater
                County Construction/Use Application that includes all of the following:

                a.      All of the special conditions outlined in the Conditional Use Permit
                        authorization.

                b.      A site plan(s), drawn to a suitable scale, which is based on the survey detail
                        used to prepare exhibits for private leases and rights-of-way, as prepared by
                        a professional land surveyor. This site plan must include the site plan
                        information required by the Conditional Use Permit Application and County
                        Construction/Use Permit. The site plan shall include a legal description
                        based on actual survey of individual tower sites, and a typical footprint
                        detail for each tower site, including the blades.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  184
                c.      A final drainage, grading, erosion and sediment control plan prepared and
                        certified by a Wyoming Licensed Professional Engineer.

                d.      A final transportation plan coordinated with the land owner and the
                        Sweetwater County Engineer must be provided. This plan must show final
                        road locations and standards to which roads will be constructed. Roadways
                        serving all occupied or manned buildings must meet the International Fire
                        Code. Access permits onto the public system must be obtained from the
                        appropriate public agency.

                e.      Utility Plan that shows and complies with all standards for crossing or
                        utilizing Sweetwater County Road R.O.W.s.

                f.      A final plan for site security.

                g.      A final decommissioning and reclamation plan.

                h.      Documentation of the establishment of the Account/Bond for reclamation;
                        and

                i.      Documentation that the project is in compliance with all of the
                        requirements of all jurisdictional state and federal agencies.

                j.      The fee for the Construction/Use Permit shall be based upon the number of
                        turbines in the project charged at the industrial (principal structure)
                        Construction/Use Permit rate for each turbine; and,

                k.      As-built drawings, prepared by a Wyoming Licensed surveyor, verifying
                        the location and setbacks of all structures must be submitted to the County
                        prior to wind farm operation.

                After Land Use Department receives a complete Construction/Use Application,
                the Department will review it for compliance, and, if approved, the Department
                will issue a Construction/Use Permit to the developer.

                The term of a Wind Farm Conditional Use Permit expires within 5 years of its
                date of approval by the Board of County Commissioners unless:

                a.      The developer has substantially commenced Wind Farm Construction under
                        an approved Sweetwater County Construction/Use permit; or,

                b.      The developer has submitted evidence acceptable to the Board of County
                        Commissioners that the wind farm project is still viable and the delay in
                        construction is caused by project management or coordination issues that
                        are pending resolution in the near future.

                The Board may renew the Conditional Use Permit once up to one additional 5
                year term. If the project is still not complete after the Board‟s renewal has ended,

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 185
                and the applicant still wishes to proceed with the project, a new Conditional Use
                Permit must be applied for.

        5.      Final Project Reclamation

                If, in the assessment of the Board, the applicant cannot provide acceptable evidence
                demonstrating that the applicant has entered into an agreement with the property
                owner that ensures proper final reclamation of the wind farm project, the applicant
                shall comply with the following Final Project Reclamation Requirements:

                a.      Final Project Reclamation Requirements:

                        (1)      A reclamation bond shall be furnished to Sweetwater County not
                                 later than 30 days before commencement of project construction that
                                 will be used to restore the site surface to a condition consistent with
                                 the pre-construction environment. The purpose of the reclamation
                                 bond is to assure that adequate funding is available to pay the costs
                                 of site reclamation, including removal of individual turbines and
                                 other above-ground project improvements subject to permit in the
                                 event of abandonment of individual turbines or the entire project.
                                 The reclamation bond shall be in an amount equal to one hundred
                                 (100) percent of such costs, where such amount is determined by the
                                 Board of County Commissioners based upon estimates from
                                 knowledgeable contractors, except that the landowner should be
                                 given the option to maintain access roads for demonstrated ranching
                                 or farming purposes as approved by the Board of County
                                 Commissioners. The reclamation bond may not be cancelled,
                                 released or in any way terminated, without prior written approval
                                 from Sweetwater County, and shall continue as long as such
                                 turbines or other above-ground improvements exist. The
                                 reclamation bond must be written so as to survive any sale or other
                                 form of transfer of ownership of such turbines and other
                                 improvements. The company providing the reclamation bond must
                                 be authorized to provide bonds in the State of Wyoming and be
                                 acceptable to the Board of County Commissioners.

                        (2)      All underground equipment and foundation systems of Wind Farms
                                 shall be removed.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   186
Section 18.             Grading Permit Regulations

A.      Purpose and Intent (Resolution 07-12-CC-01)

        The purpose of this section is to protect the health, safety and welfare of the property
        owners by setting forth necessary requirements for grading. Grading may adversely affect
        adjacent properties in regards to drainage, dust, etc. The provisions of this Section shall
        apply to grading, excavation and earthwork construction, including fills and embankments.

B.      Permit Required

        Except as exempted in section 1.9, no grading shall be performed without first having
        obtained a Grading Permit. Grading is defined as an excavation or fill or a combination of
        both. Excavation is defined as removal of earth material by artificial means, also referred to
        as a cut. Regardless of action by the County, authorization from the Wyoming Department
        of Environmental Quality may be required. A Grading Permit is not intended to circumvent
        the Subdivision Regulations for a project that is intended to be subdivided. A Grading
        Permit is not intended for the physical layout for a subdivision or a roadway. Final
        approval for a Grading Permit is by the Sweetwater County Engineer. Additionally, the
        applicant shall be responsible for having his application reviewed by applicable utilities.
        Furthermore, the applicant shall submit letters of approval from all applicable utilities, if
        any.

C.      Grading Plan

        A Grading Plan, prepared and stamped by a Wyoming Licensed Professional Engineer,
        shall be submitted with the application for a Grading Permit. A grading plan shall be a
        scaled drawing, showing dimensions for the property that is the subject of the permit
        application, and shall show the existing grade and finished grade in contour intervals of
        sufficient clarity to indicate the nature and extent of the work on the subject property. The
        grading plans shall include the following statement on the face of the plan; “If this grading
        plan is properly implemented, drainage from this property will not adversely affect
        adjacent property owners”.

D.      Dust Control

        A Dust Control Plan must be submitted with the Grading Permit Application. Reasonable
        efforts, that are consistent with the dust control plan and acceptable to Sweetwater County,
        must be made to control blowing dust during the actual grading of the site and when the
        grading has been completed.

E.      Maximum Slope

        The slope of cut surfaces shall be no steeper than is safe for intended use, and no steeper
        than 2 horizontal to 1 vertical, unless the applicant furnishes a soils report justifying a
        steeper slope.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  187
F.      Erosion

        The faces of cut and fill slopes shall be prepared and maintained to control erosion. Where
        necessary, check dams, cribbing, riprap or other devices or methods shall be employed to
        control erosion and provide safety. Revegetation, if required by local, state, or federal
        government entities, must be completed.

G.      Fills

        The ground surface shall be prepared to receive fill by removing vegetation, topsoil and
        other unsuitable materials, and scarifying the ground to provide a bond with the fill
        material. Fills shall be compacted to appropriate engineering standards. Fill material shall
        not include organic, frozen, or deleterious material.

H.      Drainage

        Swales or drainage ditches shall be provided as necessary to provide for safe and adequate
        removal of surface runoff. Drainage across property lines shall not exceed that which
        existed prior to grading. Excess or concentrated drainage shall be contained on-site or
        directed to an approved drainage facility. Erosion of the ground in the area of the discharge
        shall be prevented by installation of non-erosive down drains or other devices.

I.      Exemptions

        1.      A Grading Permit shall not be required for the following:

                a.      Agricultural production.

                b.      Excavation for construction of a structure when a Construction/Use Permit
                        has been issued by the Planning Department.

                c.      Excavation for work associated with an approved Subdivision,
                        Development Plan or Master Planned Development.

                d.      Refuse disposal sites controlled by other regulations.

                e.      Excavation for wells, or trenches for utilities.

                f.      Mining, quarrying, excavating, processing or stockpiling; rock, sand, gravel,
                        aggregate or clay controlled b other regulations, provided such operations
                        do not affect the lateral support of, or significantly increase stresses in soil
                        on adjoining properties.

                g.      Oil and gas drilling.

                h.      Excavation associated with landscaping improvements.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   188
                i.      Exploratory excavations performed under the direction of a registered
                        design professional.

                j.      Cemetery grave.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                               189
Section 19.             Outdoor Lighting Regulations

A.      Purpose (Resolution 10-09-CC-05)

        The purposes of outdoor lighting standards are to:

        1.      Promote adequate lighting for safety and security

        2.      Promote efficient and cost effective lighting

        3.      Reduce light pollution, light trespass and glare

        4.      Provide a nighttime environment that includes the ability to view the stars against a
                dark sky

        5.      Protect public health, safety, and welfare

B.      Definitions

        1.      Candela: A unit of luminous intensity.

        2.      Filtered: Any outdoor light fixture that has a glass, acrylic, or translucent enclosure
                of the light source (quartz glass does not meet this requirement).

        3.      Flood Light: A form of lighting fixture designed to direct the output of a contained
                lamp in a more-or-less specific direction, utilizing reflecting or refracting elements
                located external to the lamp.

        4.      Footcandle: A unit of measurement referring to illumination incident to a single
                point. One foot-candle is equal to one lumen uniformly distributed over an area of
                one square foot.

        5.      Full cut-off fixture: A fixture that does not allow light to escape above a ninety (90)
                degree angle measured from a vertical line from the center of the lamp extended to
                the ground.

        6.      Fully shielded: The luminaire incorporates a solid barrier (the shield), which
                permits no light to escape through the barrier.

        7.      Glare: Direct and unshielded light striking the eye to result in visual discomfort and
                reduced visual performance,

        8.      IESNA: The Illuminating Engineering Society of North America, a non-profit
                professional organization of lighting specialists that has established recommended
                design standards for various lighting applications.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    190
        9.      Illuminance: Density of luminous flux incident on a surface. Unit is footcandle or
                lux.

        10.     Lamp: The generic term for an artificial light source installed in the socket portion
                of the fixture, to be distinguished from the whole assembly. Commonly referred to
                as a “bulb”.

        11.     Light bulb: The component of the light fixture that produces the actual light. A
                bulb includes, without limitation, a lamp or tube.

        12.     Light fixture: The assembly that holds the lamp in a lighting system. It includes the
                elements designed to give light output control, such as reflector (mirror) or refractor
                (lens), the ballast, housing, and the attachment parts.

        13.     Light pollution: Any adverse effect or artificial light sources including, but not
                limited to. Discomfort to the eye or diminished vision due to glare, light trespass,
                uncontrolled up-lighting, uncomfortable distraction to the eye, or any artificial light
                that diminishes the ability to view the night sky.

        14.     Light trespass: Light falling where it is not wanted or needed, generally light from
                one property that shines onto another property or the public right-of-.

        15.     Lumen: A quantitative unit measuring the amount of light emitted by a light
                source. One footcandle is one lumen per square foot. One lux is one lumen per
                square meter.

        16.     Luminaire: The complete lighting unit, including the lamp, the fixture, and other
                parts.

        17.     Recessed: When a light is built into a structure or a portion of a structure such that
                the light is fully cut-off and no part of the light extends or protrudes beyond the
                underside of a structure or portion of a structure.

        18.     Shielded: When the light emitted from the fixture is projected below a horizontal
                plane running through the lowest point of the fixture where light is emitted. The
                bulb is not visible with a shielded light fixture and no light is emitted from the sides
                of the fixture. Also considered a full cut-off fixture.

        19.     Uplighting: Any light source that distributes illumination above a 90 degree
                horizontal plane.

        20.     Wallpack: A type of light fixture typically flush-mounted on a vertical wall surface.

C.      Scope, Compliance

        Compliance with these requirements shall be required for all new development. The
        Planning Office shall require the public to utilize light fixtures and shielding consistent with

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    191
        the purposes of these standards, provide educational materials, and engage in other public
        education efforts.

D.      Prohibition

        1.      Laser lights or similar high intensity light used for outdoor advertising or
                entertainment are prohibited.

        2.      Searchlights used for advertising or entertainment purposes are prohibited.

        3.      Lighting shall not interfere with traffic on adjacent roadways.

E.      Standards for Outdoor Light Source

        1.      Unless otherwise allowed by these regulations, the shielding and illumination
                standards of this section shall apply. All lights shall be shielded to direct light
                downward. Unless otherwise allowed by these regulations, all fixtures shall be full
                cut-off fixtures with light source fully shielded. Floodlights that do not meet the
                definition of “full cut-off” may be used if permanently directed downward at angle
                no less than 45 degree from horizontal, and if no light is projected above the
                horizontal plane, and if fitted with external shielding to prevent glare and off-site
                light trespass. Wallpack lighting is permitted if permanently directed downward at
                an angle no less than 45 degrees from horizontal, and if no light is projected above
                the horizontal plane, and if fitted with external shielding to prevent glare and off-
                site light trespass. Uplighting shall be prohibited. Sodium vapor lighting is
                recommended for outdoor lighting applications. Metal halide 250 watt may be used
                when appropriate.

        2.      Lighting levels shall be measured in foot candles with a direct reading, portable,
                light meter, with a meter sensor in a horizontal position at ground level.

        3.      Shielding and Illumination Standards

                The following are Shielding and Illumination standards. The maximum illumination
                shall be measured at grade at the property line of the site.

                                        Shielding Requirements

                        Fixture - Lamp Type                         Shielded             Filtered
         Low-pressure sodiuma                                         Fully               None

         High-pressure sodium                                         Fully               None

         Metal halide (250 watt)                                     Fullyb,f              Yes

         Fluorescent                                                 Fullyc,e              Yes

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    192
         Quartzd                                                                  Fully                    No

         Incandescent, greater than 150 watts                                     Fully                  None

         Incandescent, 150 watts or less                                          None                   None
         Fossil fuel                                                              None                   None
         Glass tubes filled with neon, argon and krypton                          None                   None

        a)Preferred light source to minimize undesirable light emission into the night sky affecting astronomical
            observations.
        b)Metal halide lighting used primarily for display purposes shall not be used for security lighting after 11:00
            p.m. Metal halide lamps shall be installed only in enclosed luminaries.
        c)Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from
            within do not require shielding. Dark backgrounds with light lettering or symbols are preferred to
            minimize detrimental effects.
        d)For the purposes of this Code, quartz lamps shall not be considered an incandescent light source.
        e)Warm white and natural lamps are preferred to minimize detrimental effects.
        f)Metal halide fixture-lamp types shall be filtered. “Filtered” means any outdoor light fixture that has a glass,
            acrylic or translucent enclosure of the light source (quartz glass does not meet this requirement).

                                             Illumination Standards

                                                                                                            Foot
                                        Area / Activity                                        Lux
                                                                                                           Candles
             Residential Zoning Districts
             Front, side or rear yard (at property line)                                        10            1.0
             Nonresidential Zoning Districts
             Adjoining another nonresidential zoning district along a street,
                                                                                                10            1.0
                    front, side or rear yard (at property line)
             Adjoining another nonresidential zoning district along a street                    10            1.0
             Adjoining residential zoning district along a street or property
                                                                                                 6            0.6
                    line

F.      Lighting Plan Requirements

        A Construction / Use Permit Application for Commercial or Industrial Use shall include a
        lighting plan, prepared and stamped by a Professional Engineer licensed in the State of
        Wyoming, which includes the following information:

        1.        A narrative describing how the design of the proposed lighting including the fixture
                  types, mounting heights, lamp types, locations and illuminance levels complies with
                  the requirements of this section.

        2.        Identification of all light fixture locations including whether pole – ground –
                  building mounted. The location of the light fixtures shall also be shown on the


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                   193
                lighting plan.

        3.      Description of the type of each light fixture along with the initial lamp lumen rating
                and wattage or each lamp, and any associated or required shielding.

        4.      Show illuminance levels in foot candles at front, side, and rear property lines.

        5.      Statement on the lighting plan, “This lighting plan will meet the requirements of
                the Sweetwater County Zoning Resolution” .

        6.      As Built Drawings shall be submitted following construction, which include the
                statement, “This lighting plan, as constructed, meets the requirements of the
                Sweetwater County Zoning Resolution”.

G.      Maximum Height

        The maximum height from ground level to top of light fixture shall not exceed 30 feet.

H.      Exceptions

        These outdoor lighting standards shall not apply to the following types of exterior lighting:

        1.      Ornamental lighting: ornamental landscape light fixtures.

        2.      Government Required Lighting: lighting for aviation, towers, street lights, or other
                purposes which are required by state or federal law.

        3.      Seasonal lighting displays.

        4.      Illumination of United States flags, flags of governmental entities, company flags,
                as long as the light source is shielded and not visible from any adjacent property.

        5.      Customary agricultural practices, such as calving operations.

        6.      Ball diamonds, playing fields, and tennis courts because they have unique
                requirements for nighttime visibility and generally have limited hours of operation.
                The luminaire should be shielded by its orientation or by landscaping to prevent
                light and glare spill over to adjacent residential properties.

        7.      Low intensity luminaires with lamp or lamps rated at 1,800 lumens or less, and
                flood or spot luminaires with a lamp or lamps rated at 900 lumens or less.

        8.      Fossil fuel light produced directly or indirectly by the combustion of natural gas or
                other utility-type fossil fuels.

        9.      Low-intensity fixtures with maximum candle power of less than 1,000 candelas.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  194
        10.     Oil and gas and mining operations outside of the GMA.

I.      Variances & Temporary Exemptions:

        1.      Variance: The Board of County Commissioners may grant a variance from these
                regulations if the following criteria is found:

                a.      There are special circumstances or conditions applying to the land,
                        buildings, or outdoor light fixtures for which the variance is sought, with
                        circumstances or conditions are peculiar to such land, buildings or outdoor
                        light fixtures and do not apply generally to the land, buildings, or outdoor
                        light fixtures in the neighborhood; or

                b.      Upon a finding by the Board of County Commissioners that outdoor
                        lighting in specific areas are not adequate and additional lighting is
                        necessary to improve safety or security for the property; and

                c.      The granting of the variance will generally be consistent with the purposes
                        of this section and will not be injurious to surrounding areas or otherwise
                        detrimental to the public welfare; and

                d.      The variance is the minimum variance that provides the relief required.

        2.      Temporary Lighting Exemption: The Engineering and Community Development
                Department Director may grant an exemption from the requirements for temporary
                outdoor activities that include without limitation fairs, carnivals, sporting events,
                concerts, and promotional activities, if the planning director finds the following:

                a.      The length of time that the temporary lighting is to be used is not longer
                        than thirty days.

                b.      The proposed lighting is designed in such a manner as to minimize light
                        pollution, light trespass, and glare as much as needed.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    195
Section 20.              Parking Regulations (Resolution 10-09-CC-07)

A.      General

All permitted and conditionally permitted uses shall meet the parking requirements of this code.
Off-street parking and loading areas for Permitted and Conditional Uses shall be provided and
maintained in the quantities specified in this Section. Lawful Permitted and Conditional Uses in
existence at the time this Resolution was adopted that did not meet the off-street parking and
loading requirements of this Section may continue. Any expansion of the use after the date of
adoption of this Resolution will be required to meet the requirements of this Section.

Off-street parking and loading facilities shall be provided on the same parcel of property and under
the same ownership as the Permitted or Conditional Use for which the parking is required.

No structure shall be erected or enlarged on a parcel of property if such construction will consume
existing required off-street parking areas.

If a particular use is not listed, the Sweetwater County Land Use Department shall determine the
number of spaces required by comparing the nature of the particular use to one that is listed or to
uses listed in the current ITE (Institute of Transportation Engineers) guidelines and standards.

A parking lot or parking area is defined as an off-street, surfaced, ground level open area for the
self-parking by owners, employees, visitors and/or patrons of any office of state or local
government, any public accommodations, residential, commercial or industrial establishment or
any other business open to the general public. A parking lot or parking area is not intended for
vehicle / equipment storage purposes.

B.      Specifications

Off-street parking and loading required by this Resolution shall be maintained in accordance with
the following specifications:

        1. Off-street loading areas shall be provided to accommodate all loading required for all
           business, commercial, industrial and mineral development and permitted and
           conditional uses. Off-street loading areas shall be separate from all off-street parking
           requirements of this code.

        2. Individual parking spaces shall be at least nine (9) feet in width and twenty (20) feet
           long. Loading spaces / areas shall be of adequate size to accommodate the vehicles used
           in the operation.

        3. Parking and loading areas provided under the requirements of this Resolution shall not
           be used for the commercial sale, repair, or servicing of vehicles and equipment.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                196
        4. Parking and loading areas shall be graded for proper drainage and provided with an all-
           weather surface of gravel, asphalt, concrete, crushed base or other similar material.

        5. Each parking or loading space must be usable and readily accessible.

        6. Parking and loading areas shall be provided with entrances and exits located so as to
           minimize traffic congestion. Parking and loading areas shall be designed to provide for
           traffic safety. Access permits from the proper government agency shall be required.

        7. Parking and loading areas shall accommodate all employees and customers for
           permitted uses within the business, commercial, light industrial, and heavy industrial
           districts.

        8. All off-street parking and loading areas shall be maintained as required by this section.

        9. Compliance with the Americans with Disabilities Act shall be required for parking
           requirements.

C.      Off-street Parking Requirements

        Off-street parking is required for the following listed uses in the amounts specified in this
        Section.

        1.   Residential Uses

                a.      Two (2) parking spaces for each single-family dwelling unit in all zone
                        districts.

                b.      In the A zone districts, one (1) parking space for each dwelling unit or guest
                        unit operated as an Accessory Use.

                c.      Two (2) parking spaces for each unit in a two-family dwelling in all zones.

                d.      Two (2) parking spaces for each manufactured home in all zones.

                e.      Two (2) parking spaces for each single-family dwelling operated as an
                        Accessory Use in a Manufactured Home Subdivision or in use as a parish
                        house in all zones.

                f.      One (1) parking space for every living unit in a rooming or boarding house
                        in all zones.

        2.   Public and Institutional Uses

                a.      One (1) parking space for each four (4) seats in a church.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   197
                b.      Two (2) parking spaces for each classroom in an elementary school.

                c.      One (1) parking space for each employee plus one (1) parking space for
                        each five (5) students in a secondary or vocational/technical school.

                d.      Ten (10) parking spaces plus one (1) parking space for each two hundred
                        (200) square feet of gross floor area over two thousand (2,000) square feet
                        of gross floor area of a community center.

                e.      One (1) parking space for each two hundred (200) square feet of gross floor
                        area of a police, fire, or ambulance station.

                f.      One (1) parking space for each eight hundred (800) square feet of gross
                        floor area of a library.

                g.      Three (3) parking spaces for every bed in a hospital.

                h.      One (1) parking space for every three (3) beds in a nursing home.

        3. Commercial Uses

                a.      One (1) parking space for each employee of the business.

                b.      One (1) parking space for every 200 square feet of gross floor area of a
                        gasoline filling station, gift shop, art shop, curio shop, novelty shop,
                        restaurant, café, bar, lounge, night club, grocery store, automobile parts
                        shop, clinic, food locker plant, garden supply store, hardware store,
                        laundromat, liquor store, radio or television transmitting station, and other
                        Permitted and Conditional Uses in the C Zone district.

                c.      One (1) parking space for every 300 square feet of gross floor area of a
                        bank, lumberyard, office, post office, club or lodge.

                d.      One (1) parking space for every 400 square feet of gross floor area of an
                        automobile sales, service, or repair establishment, boat sales, mining and
                        drilling equipment sales, mobile home sales, motorcycle sales, sales area for
                        a greenhouse, snowmobile sales, tire recap or tire store, heavy equipment
                        sales, welding shop, kennel, or veterinary clinic.

                e.      One (1) parking space for every 800 square feet of gross floor area of a car
                        wash establishment.

                f.      One (1) parking space per guest room in a motel, hotel, lodge, or resort.

                g.      Two (2) parking spaces per heli-pad, plus one (1) per employee.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   198
                h.      Three (3) parking spaces for every lane in a bowling alley.

                i.      One (1) space per tee for golf driving range.

                j.      One (1) space per 4 seats for a theater.

                k.      4 spaces for offices of physicians or dentists.

                l.      2 spaces for offices of attorneys.

                m.      2 spaces per golf hole for golf course or par 3 plus 1 space per 200 square
                        feet of building gross floor area.

                n.      One (1) space for every four (4) seats in a mortuary.

        4.   Industrial Uses

                a.      One (1) parking space for each employee of the following:

                        (1)      One (1) parking space for each 300 square feet of gross floor area of
                                 a laundry or dry-cleaning plant, office, police station, lumberyard, or
                                 radio or television transmitting station.

                        (2)      One (1) parking space for each 1,000 square feet of gross floor area
                                 of an assembly plant, green house, laboratory, bottling plant,
                                 chemical fertilizer storage facility, or warehouse.

                        (3)      Open parking equal to one-tenth of the area of a parcel of property
                                 occupied by a bulk plant, grain elevator or mill, grinding mill,
                                 hatchery, junkyard, warehouse, refinery, or railroad facilities.

                        (4)      Warehouse and freight terminals, 1 space per employee or 1 space
                                 per 1,000 square feet of area, whichever is greater.

D.      Special Plan for Off-Street Parking

        Under the general provisions of this Chapter, off-street parking is required to be located on
        the same property and operated under the same ownership as the Permitted or Conditional
        Use. Under the following conditions, required off-street parking may be provided on a
        parcel of property separate from the one containing the Permitted or Conditional Use.

        1.      The separate parcel of property must be within 400 feet of the parcel of property
                containing the Permitted or Conditional Use.

        2.      The separate parcel of property must be located within a zoning District      where
                the parking of vehicles is a Permitted or Conditional Use.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   199
        3.      A special plan for separated off-street parking must be submitted to, approved, and
                recorded by the Land Use Department.

                All applications for approval of a special plan shall be filed with the Land Use
                Department and shall include the following details:

                a.      A statement by the owner or owners of the entire land area to be included
                        within the special plan and the owner or owners of all structures on the
                        designated land area agreeing to all of the provisions of the plan.

                b.      Sufficient evidence to establish to the satisfaction of the Land Use
                        Department that the applicants are the owners of the designated land and
                        structures.

                c.      The location and size of the Permitted Uses or structures for which off-street
                        parking is required.

                d.      The location and layout of the required off-street parking spaces.

                The Land Use Department shall review such applications and either approve or
                disapprove them. Any approval may establish necessary conditions and limitations.
                An approved special plan shall be filed among the records of the Land Use
                Department and with the County Clerk.

                All special plans which have been approved and recorded shall be binding upon the
                owners of the land area and structures included in the special plan and their
                successors and assigns and shall control all zoning permits and certificates and the
                use and operation of the designated structures and land area.

                Special plans may be amended or withdrawn through the same process by which
                they first gained approval.

E.      Required Off-Street Loading.

        In addition to the Off-Street Parking Requirements listed above, separate space for off-
        street loading will be required if the nature of the operation of the Permitted or Conditional
        Use is such that:

        1.      It requires pick-up and delivery service by a vehicle over 10,000 pounds empty
                weight in excess of one time each 24-hour day;

        2.      The loading and/or unloading operation typically requires in excess of 15 minutes
                time; and,

        3.      The only apparent loading space in the absence of a designated space for off-street
                loading is from a public right-of-way, street, or alley or space already devoted to


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   200
                required off-street parking.

        4.      Off-street loading space provided pursuant to the findings above shall have suitable
                and safe ingress and egress for the type of vehicle served and frequency of use, and
                each loading berth provided shall be at a minimum 12 feet wide by 35 feet long by
                14 feet high.

        5.      In the I-1 and I-2 zone districts, a separate space for off-street loading shall be
                provided for each 25,000 square feet of gross floor area or portion thereof contained
                in the Permitted or Conditional Use. Each off-street loading space shall have
                suitable and safe ingress and egress and shall, at a minimum, be 12 feet wide by 35
                feet long by 14 feet high.

F.      Outside Storage of Vehicles

        In all zone districts, the exterior storage of vehicles must comply with the Nuisance
        Regulations of Sweetwater County and comply with the regulations of this code.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                201
Section 21.             Sign Regulations (Resolution 10-09-CC-06)

A.      Purpose

        The purposes of Sign Regulations is to permit signs that will not, by reason of size,
        location, construction, or manner of display endanger public health and safety or
        obstruct vision necessary for safe traffic movement. Additionally, these regulations are
        intended to permit signs that will support and complement the land use objectives of
        Sweetwater County and protect and enhance property values within Sweetwater County.
        These sign regulations shall apply to all signs erected, altered and maintained by and for
        all permitted uses in all districts. Signs governed by several regulations shall comply
        with all such regulations and as well as those of the State of Wyoming Department of
        Transportation as required. In all cases, the most restrictive regulation shall apply.

B.      Definitions

        1.      Sign: Any object or device or part thereof situated outdoors or indoors which is
                used to advertise, identify, display, direct, or attract attention to any object, person,
                institution, organization, business product, service, event or location by any means
                including words, letters, figures, designs, symbols, fixtures, color, motion,
                illumination or projected images. Signs do not include the following:

                a.      Flags of nations, states, cities, fraternal, religious and civic organizations,
                        corporations.

                b.      Merchandise, pictures or models of products or services incorporated with a
                        window display.

                c.      Time and temperature devices, not related to a product.

                d.      National, state, religious, fraternal, professional and civic symbols or crests,
                        or works of art which in no way identify a product or a device. If, for any
                        reason, it cannot be readily determined whether or not the object is a sign,
                        the Board shall make such determination.

                e.      Nameplate sign – a sign which states the name and/or address of the
                        occupant and does not exceed three square feet.

        2.      Sign, Building: A sign which directs attention to the building to which it is
                attached. The following signs are building signs:

                a.      Sign, Canopy – any sign attached to or constructed on the face of a
                        permanent, roof like shelter, extending from part or all of the building face
                        and constructed of some durable material.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      202
                b.      Sign, Projecting – a sign attached to or erected on a wall of a building, with
                        the face perpendicular to the building wall.

                c.      Sign, Roof – any sign erected upon, against or directly above a roof or on
                        top of the parapet of a building.

                d.      Sign, Under Canopy – any sign attached to or constructed under a canopy.

                e.      Sign, Wall – a sign attached to, erected against or painted upon the wall of a
                        building, with the face horizontally parallel to the building wall.

                f.      Sign, Window – a sign installed or painted on a window for purposes of
                        advertisement, display, identify a person, object or product.

        3.      Sign, Bulletin – a notice or message typically erected by a church or a public
                institution, not advertising a commercial product, goods, or services.

        4.      Sign, Business – a sign which is related to the commercial use of the property on
                which it is located.

        5.      Sign, Changeable Copy – a sign on which copy is changed manually in the field,
                i.e. reader boards with changeable letters or images.

        6.      Sign, Directional or Informational – any sign which directs vehicular or pedestrian
                traffic for purposes of parking, circulation or sale points of various products and
                services. No directional or information sign may contain any business name,
                advertising, price or other commercial message or business logo.

        7.      Sign, Flashing – any illuminated sign on which the artificial light is not constant in
                intensity and color at all times.

        8.      Sign, For Sale – a sign advertising real estate for lease, rental or sale.

        9.      Sign, Free Standing – a sign supported by one or more uprights, poles, or braces in
                or upon the ground, not attached to any building and having its bottom edge above
                ground.

        10.     Sign, Gross Area – omitting any structure or bracing, the area of a sign shall be
                measured by the sum of each rectangle, triangle or circle or combination thereof
                that encompasses the outer limits of all portions of the sign, message or display. All
                faces shall be measured except where two faces are back to back and parallel and
                less than 36” apart shall be measured together as one sign.

        11.     Sign, Home Occupation: - a sign which is permitted in conjunction with an
                approved Home Occupation Permit. A Home Occupation Sign shall not exceed 24”
                x 36” in size.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    203
        12.     Sign, Illuminated – a sign designed to give forth artificial light or designed to reflect
                light derived from any source.

        13.     Sign, Off-Premise – any sign advertising goods, products or services, not located or
                sold on the premises on which the sign is located. A Billboard is an off-premise
                sign.

        14.     Sign, On-Premise – any sign identifying or advertising a business, person, activity,
                goods, products or services, located on the premises where the sign is installed and
                maintained.

        15.     Sign, Portable – any sign not permanently affixed to the ground or a building.

        16.     Sign, Sandwich – an advertising or business ground sign which is constructed in
                such a manner as to form an “A” or tent like shape, hinged at the top; and each
                angular face held at an appropriate distance by a supporting member.

        17.     Sign, Temporary Construction – a sign identifying new development or
                construction and including such information as the name of the project, the owner,
                the leasing agent, the contractor, the architect and brief descriptive material on the
                project or other pertinent data.

C.      Permit Required

        A Sign Permit is required for all signs, except for exempt signs. Section 4.B is to be
        amended to reflect the requirement of a Sign Permit. A Fee for a Sign Permit shall be
        added under Section 4.B.

D.      General Provision Applicable to All Districts

        1.      Non-accessory, off-premise, free-standing signs and billboards are prohibited in all
                districts except in areas specifically defined in these regulations.

        2.      All signs shall be constructed in such a manner and of such material that they shall
                be safe and substantial, provided that nothing in these regulations shall be
                interpreted as authorizing the erection or construction of any sign not permissible
                under this section. Freestanding signs, billboards and roof signs require certification
                by a Professional Engineer licensed in the State of Wyoming certifying compliance
                with the International Building Code.

        3.      No sign other than traffic and street signs shall be erected or temporarily placed
                within any street or public road right-of-way or any public easements.

        4.      A political sign is a temporary sign supporting the candidacy for office or urging
                action on any other matter on the ballot of primary, general and special elections.
                The display of such signs shall be allowed in any zoning district and shall be limited
                to a period of 60 days immediately preceding any primary, general or special

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    204
                election to which they refer. The total sign area permitted on any lot or parcel
                thereof cannot exceed 32 square feet. These signs may be freestanding, may be
                single or double faced and may be parallel or perpendicular to the street. The
                person, party or parties responsible for the erection or distribution of any such signs
                shall be jointly and severally liable for the removal of them within ten (10) days
                after the primary, general or special election to which they refer.

        5.      A Contractor / Land Development sign may be installed upon a construction site in
                any district denoting the name of the project, owner, architect, engineer and
                contractor provided such sign does not exceed 64 square feet in area.

        6.      Real Estate - temporary signs for the purpose of selling or leasing individual lots or
                buildings shall be permitted providing: (1) such signs shall not exceed 6 square feet
                for residential property and 32 square feet for commercial property; (2) only one
                such sign is permitted per street frontage; (3) such sign shall be removed within
                seven days following the lease or sale; (4) an “Open House” sign may be erected
                for a maximum of 48 hours.

        7.      Permitted sign area in this section is defined as the area of a sign measured by the
                sum of each rectangle, triangle or circle or combination thereof that encompasses
                the outer limits of all portions of the sign, message or display. All faces shall be
                measured except where two faces are back to back and parallel and shall be
                measured together as one sign.

        8.      No freestanding sign shall project beyond the property line of the parcel upon which
                it is erected, or project into any right-of-way or easement line of a public street or
                road.

        9.      One address sign shall be required per building in all districts, or as directed by
                Sweetwater County Emergency Management.

        10.     Canopies and marquees shall be considered to be an integral part of the structure to
                which they are accessory. Signs may be attached to the surface of a canopy or
                marquee and be considered a wall sign.

        11.     No sign shall contain any offensive picture or written matter, as defined by
                Wyoming Statute 6.4.301(iii).

        12.     No sign shall contain any pictorial or written matter relating to “specified
                anatomical areas” or “specified sexual activities” as defined in the Zoning
                Resolution.

E.      Prohibition

        The following signs are prohibited by these regulations:




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    205
        1.      Illuminated signs which give off intermittent or rotating beams or rays of light of
                such an intensity to detract from a motorist‟s vision for normal safe driving.

        2.      No person shall park any vehicle or trailer on public right-of-way or public
                property, or on private property, so as to be visible from the public right-of-way,
                which has attached to or located on it any sign or advertising device for the basic
                purpose of providing advertisements of products or directing people to a business or
                activity located on the same or nearby property or any other premises.

        3.      Except for traffic and directional devices erected and approved by a public agency
                having jurisdiction, no sign may be erected which overhangs a public right-of-way
                for a street or highway.

        4.      Signs that contain statements, words or pictures of an obscene or indecent nature.
                Obscene or indecent material is material that depicts uncovered human sexual
                organs or female breasts or the touching of covered human sexual organs or female
                breasts, or that depicts human sexual activity or that includes words commonly used
                as insults or epithets.

F.      Exempt Signs

        The following types of signs are considered exempt or outside the scope of these
        regulations and do not require a permit:

        1.      Signs required by law or authorized for a public purpose.

        2.      One sign showing only the name and/or address of the occupant, not exceeding 3
                square feet and mounted flat against a wall.

        3.      Cornerstones or historical markers.

        4.      Temporary decorations.

        5.      Window displays of actual merchandise.

        6.      Menu signs at drive-in restaurants that are not designed to be read from the public
                right-of-way or signs not visible beyond the boundaries of the lot or parcel upon
                which they are located or from any public right-of-way.

        7.      Political signs.

        8.      Real estate signs.

        9.      Signs for operating oil and gas rigs.

G.      District Regulations

        1.      CRS District


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  206
                a.      Wall Signs: There shall be no limit to the number or maximum area of wall
                        signs. Wall mounted signs shall not exceed mansard or roof height by more
                        than two feet.

                b.      Free Standing Signs: Each lot is entitled to one free-standing sign with a
                        sign area of 100 square feet. A lot with adjacent street frontage exceeding
                        100 linear feet shall be entitled to one square foot of sign area for every
                        linear foot of adjacent street frontage. The number of free standing sign
                        poles shall be permitted on the basis of one pole for up to 100 feet of street
                        frontage, and one additional pole for each additional 100 feet of street
                        frontage. No single sign shall exceed 300 square feet in area. Height of free
                        standing signs shall not exceed 40 feet in height.

                c.      Portable Signs: One portable sign not to exceed 24 square feet shall be
                        permitted for each business or lot.

                d.      Roof Signs: A roof sign can extend no higher than 20 feet above the parapet
                        of the building or exceed a size equal to twenty percent of the wall of the
                        building to which it is attached.

        2.      C District

                a.      Wall Signs: There shall be no limit to the number or maximum area of wall
                        signs. Wall mounted signs shall not exceed mansard or roof height by more
                        than two feet.

                b.      Free Standing Signs: Each lot is entitled to one free-standing sign with a
                        sign area of 100 square feet. A lot with adjacent street frontage exceeding
                        100 linear feet shall be entitled to one square foot of sign area for every
                        linear foot of adjacent street frontage. The number of free standing sign
                        poles shall be permitted on the basis of one pole for up to 100 feet of street
                        frontage, and one additional pole for each additional 100 feet of street
                        frontage. Height of free standing signs shall not exceed 40 feet in height.

                c.      Portable Signs: One portable sign not to exceed 24 square feet shall be
                        permitted for each business or lot.

                d.      Roof Signs: A roof sign can extend no higher than 20 feet above the parapet
                        of the building or exceed a size equal to twenty percent of the wall of the
                        building to which it is attached.

        3.      B District

                a.      Wall Signs: There shall be no limit to the number or maximum area of wall
                        signs. Wall mounted signs shall not exceed mansard or roof height by more
                        than two feet.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   207
                b.      Free Standing Signs: Each lot is entitled to one free-standing sign with a
                        sign area of 100 square feet. A lot with adjacent street frontage exceeding
                        100 linear feet shall be entitled to one square foot of sign area for every
                        linear foot of adjacent street frontage. The number of free standing sign
                        poles shall be permitted on the basis of one pole for up to 100 feet of street
                        frontage, and one additional pole for each additional 100 feet of street
                        frontage. No single sign shall exceed 300 square feet in area. Height of
                        freestanding signs shall not exceed 40 feet in height.

                c.      Portable Signs: One portable sign not to exceed 24 square feet shall be
                        permitted for each business or lot.

                d.      Roof Signs: A roof sign can extend no higher than 20 feet above the parapet
                        of the building or exceed a size equal to twenty percent of the wall of the
                        building to which it is attached.

        4.      I-1 District

                a.      Wall Signs: There shall be no limit to the number or maximum area of wall
                        signs. Wall mounted signs shall not exceed mansard or roof height by more
                        than two feet.

                b.      Free Standing Signs: Each lot is entitled to one free-standing sign with a
                        sign area of 100 square feet. A lot with adjacent street frontage exceeding
                        100 linear feet shall be entitled to one square foot of sign area for every
                        linear foot of adjacent street frontage. No single sign shall exceed 300
                        square feet in area. The number of free standing sign poles shall be
                        permitted on the basis of one pole for up to 100 feet of street frontage, and
                        one additional pole for each additional 100 feet of street frontage. Height of
                        freestanding signs shall not exceed 40 feet in height.

                c.      Portable Signs: One portable sign not to exceed 24 square feet shall be
                        permitted for each business or lot.

                d.      Roof Signs: A roof sign can extend no higher than 20 feet above the parapet
                        of the building or exceed a size equal to twenty percent of the wall of the
                        building to which it is attached.

                e.      A billboard may be permitted on a lot where no other permitted use is
                        established. The maximum size of a billboard is 800 square feet. The
                        maximum height of a billboard is 50 feet.

        5.      I-2 District

                a.      Wall Signs: There shall be no limit to the number or maximum area of wall
                        signs. Wall mounted signs shall not exceed mansard or roof height by more
                        than two feet.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   208
                b.      Free Standing Signs: Each lot is entitled to one free-standing sign with a
                        sign area of 100 square feet. A lot with adjacent street frontage exceeding
                        100 linear feet shall be entitled to one square foot of sign area for every
                        linear foot of adjacent street frontage. No single sign shall exceed 300
                        square feet in area. The number of free standing sign poles shall be
                        permitted on the basis of one pole for up to 100 feet of street frontage, and
                        one additional pole for each additional 100 feet of street frontage. Height of
                        freestanding signs shall not exceed 40 feet in height.

                c.      Portable Signs: One portable sign not to exceed 24 square feet shall be
                        permitted for each business or lot.

                d.      Roof Signs: A roof sign can extend no higher than 20 feet above the parapet
                        of the building or exceed a size equal to twenty percent of the wall of the
                        building to which it is attached.

                e.      A billboard may be permitted on a lot where no other permitted use is
                        established. The maximum size of a billboard is 800 square feet. The
                        maximum height of a billboard is 50 feet.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  209
Section 22.             Sexually Oriented Businesses

A.      Purpose

        It is the purpose of this section to regulate the location and placement of adult sexually
        oriented businesses to promote the health, safety, and general welfare of the citizens of
        Sweetwater County, and to establish reasonable and uniform regulations to address the
        adverse secondary effects and deleterious location and concentration of sexually oriented
        businesses within Sweetwater County. The provisions of this resolution have neither the
        purpose nor effect of imposing a limitation or restriction of the content of any
        communication material, including sexually oriented materials. Similarly, it is not the
        intent or effect of this resolution to restrict or deny access by adults to sexually oriented
        materials protected by the First Amendment to the United States Constitution, or Article
        1 & 20 of the Wyoming Constitution, or to deny access by the distributors and exhibitors
        of sexually oriented entertainment to their intended market. It is not the intent or effect
        of this resolution to condone or legitimize the distribution of obscene material as defined
        by Wyoming Statute 6.4.301(iii).

B.      Definitions

        1.      Adult Arcade - Any place to which the public is permitted or invited wherein coin-
                operated or slug operated or electronically, electrically, or mechanically controlled
                still or motion picture machines, projectors, or other image-producing devices are
                maintained to show images to five or fewer persons per machine at any one time,
                and where the images so displayed are distinguished or characterized by an
                emphasis upon the depiction or description of “specified sexual activities” or
                “specified anatomical areas”.

        2.      Adult Bookstore/Video Store – A establishment, which has a substantial portion (10
                percent or more of gross floor area) of its stock-in-trade and offers for sale or rent
                for any form of consideration any one or more of the following:

                a.      Books, magazine, periodicals or other printed matter, or films, motion
                        pictures, photographs, slides, DVD‟s, video cassettes, or other visual
                        representations which are characterized by an emphasis upon the depiction
                        or description of “specified sexual activities” or “specified anatomical
                        areas”; or

                b.      Devices, instruments, or paraphernalia , which are designed for use in
                        connection with “specified sexual activities”.

        3.      Adult Cabaret - A nightclub, bar, restaurant, or similar commercial establishment
                which regularly features:

                a.      Persons who appear in a state of nudity or semi nudity; or



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  210
                b.      Live performances which are characterized by the exposure of “specified
                        anatomical areas” or by “specified sexual activities; or

                c.      Films, motion pictures, video cassettes, slides or other photographic
                        reproductions, which are characterized by the depiction or description of
                        “specified sexual activities” or “specified anatomical areas.”

        4.      Adult Motel - A hotel, motel, or similar commercial establishment which:

                a.      Offers accommodations to the public for any form of consideration,
                        provides patrons with closed-circuit television trans missions, films, motion
                        pictures, video cassettes, slides, or other photographic reproductions which
                        are characterized by the depiction or description of “specified sexual
                        activities” or “specified anatomical areas”; or

                b.      Offers a sleeping room for rent for a period of time that is less than 8 hours;
                        or

                c.      Allows a tenant or occupant of a sleeping room to sub-rent the room for a
                        period of time that is less than eight hours.

        5.      Adult Motion Picture Theater – A commercial establishment where films, motion
                pictures, video cassettes, slides or similar photographic reproductions that are
                distinguished or characterized by an emphasis on “specified sexual activities” or
                “specified anatomical areas” are regularly shown for any form of consideration.

        6.      Adult Novelty Store – Any retail store specializing in the sale of paraphernalia,
                devices, or equipment distinguished or characterized by an emphasis on depicting
                or describing “specified sexual conduct” or used in connection with “specified
                sexual conduct”.

        7.      Adult Theater – A theater, concert hall, auditorium, or similar commercial
                establishment which, for any form of consideration, regularly feature person who
                appear in a state of nudity or live performances which are characterized by exposure
                of “specified anatomical areas” or by “specified sexual activities”.

        8.      Establishment – Any business regulated by this section.

        9.      Nudity or A State of Nudity – means the appearance of a human bare buttock, anus,
                male genitals, female genitals or female breast; or a state of dress failing to
                opaquely cover a human buttock, anus, male genitals, female genitals or areola of
                the female breast.

        10.     Nude Model Studio – Any place where a person who appears semi-nude, in a state
                of nudity, or who displays “specified anatomical areas” and is provided to be
                observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted
                by other persons who pay money or any form of consideration. Nude model studio
                shall not include a proprietary school licensed by the State of Wyoming or a

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   211
                college, junior college or university supported entirely or in part by public taxation;
                a private college or university which maintains and operates educational programs
                in which credits are transferable to a college, junior college, or university supported
                entirely or partly by taxation; or in a structure:

                a.      That has no sign visible from the exterior of the structure and no other
                        advertising that indicates a nude or semi-nude person is available for
                        viewing; and,

                b.      Where in order to participate in a class a student must enroll at least three
                        days in advance of the class; and

                c.       Where no more than one nude or semi-nude model is on the premises at
                        any one time.

        11.     Semi-Nude - A state of dress in which clothing covers no more than the genitals,
                pubic region, or areola of the female breast, as well as any portion of the body
                covered by supporting straps or devices.

        12.     Sexually Oriented Business – An inclusive term used to describe collectively: an
                adult arcade, adult bookstore, adult novelty store, video store, adult cabaret, adult
                motel, adult motion picture theater, adult theater, or nude modeling, and other
                similar businesses or places open to some or all members of the public at or in
                which there is an emphasis on the presentation, display, depiction or description of
                “specified anatomical areas” or “specified sexual activities”.

        13.     Specified Anatomical Areas – “ Specified anatomical areas” means:

                a.      Less than completely and opaquely covered: human genitals, pubic region,
                        buttock, and female breast below a point immediately above the top of the
                        areola; and,

                b.      Human male genitals in a discernibly turgid state, even if completely
                        covered.

        14.     Specified Sexual Activities – “Specified sexual activities” means:

                a.      The fondling or other erotic touching of human genitals, pubic region,
                        buttocks, anus, or female breasts; and,

                b.      Sex acts, normal or perverted, actual or simulated, including intercourse,
                        oral copulation, masturbation, or sodomy; or,

                c.       Excretory functions as part of or in connection with any of the activities set
                        for in (a) through (b) above.

        15.     Video-Viewing booth or Arcade Booth – Any booth, cubicle, stall, or compartment
                that is designed, constructed, or used to hold or set patrons and is used for

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    212
                presenting motion pictures or viewing publications by any photographic, electronic,
                magnetic, digital, or other means of media (including, but not limited to film, video
                or magnetic tape, laser disc, CD-ROM, books, magazines, or periodicals) for
                observation by patrons therein.

C.      Location of Sexually Oriented Businesses

        1.      No sexually oriented business shall be operated or located in any zoning district
                other than the General Commercial and Light Industrial Districts as defined in the
                Sweetwater County Zoning Resolution.

        2.      No sexually oriented business shall be operated or located within in a Highway
                and/or Scenic Overlay Area as designated by the Sweetwater County Growth
                Management Plan.

        3.      No sexually oriented business shall be operated or located within one thousand
                (1,000) feet of:

                a.      Another sexually oriented business;

                b.      Any religious institution;

                c.      Any school, public or private, or a state licensed daycare center;

                d.      Any public park, amusement park, arcade, recreation center or recreation
                        area;

                e.      The boundary of any residential zone district;

                f.      A boys‟ club, girls‟ club, or similar existing youth organization;

                g.      Any library; or

                h.      An establishment holding a liquor license

                i.      A dwelling unit.

        4.      No more than one sexually oriented business shall be operated or maintained in the
                same building, structure, or portion thereof.

        5.      For the purposes of subsection C.3.a, the distance between any two sexually
                oriented businesses shall be measured in a straight line, without regard to
                intervening structures, streets, or political boundaries, from the closet exterior
                structural wall of each business.

        6.      No sexually oriented business shall be operated or located within one thousand five
                hundred feet of a residence which is located on a lot or parcel larger than 40 acres.
                This measurement shall be made in a straight line, without regard to intervening
                structure or objects from the property line of the lot or parcel containing the

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    213
                premises where a sexually oriented business is conducted, to the nearest exterior
                part of the residence.

        7.      For the purposes of subsection C.3 of this section, measurement shall be made in a
                straight line, without regard to intervening structures, or objects from the closest
                exterior wall of the structure in which the sexually oriented business is located, to
                the nearest property line of the lot or parcel of the premises of a use listed in
                subsection C.3. Presence of a city, county, or other political subdivision boundary
                shall be irrelevant for purposes of calculating and applying the distance
                requirements of this section.

D.      Signs

        1.      Signs for sexually oriented business shall be limited as follows:

                a.      All signs shall comply with the Sweetwater County Zoning Regulations;

                b.      Prohibited signs shall include any sign attached to, or placed on, a vehicle or
                        trailer parked on public or private property;

                c.      No more than one exterior sign shall be allowed for each sexually oriented
                        business;

                d.      No sign shall exceed (20) square feet;

                e.      No sexually oriented business shall display publicly, including on signage,
                        any explicit sexual material.

                f.       Sign and sign structures may be illuminated provided, however, such
                        illumination shall not be by way of exposed neon, exterior lighting (e.g.,
                        spot or floodlights), or any flashing or animated lights (either interior to the
                        sign, on the exterior of the sign, or as a border to the sign.

        2.      To protect minors from exposure to obscene material, any business providing adult
                entertainment or material shall have in place at each entrance to such business a
                sign, no greater than one square foot in size, stating, “Persons under 18 years of age
                shall not be admitted”.

E.      Operation Standards

        1.      All windows, doors and other apertures shall be architecturally screened or
                otherwise obscured to prevent the viewing of the interior of any material depicting,
                describing or relating to “specified sexual activities” or “specified anatomical
                areas”.

        2.      No sexually oriented business shall be conducted in any manner that permits the
                observation of any material depicting, describing or relating to “specified sexual


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    214
                activities” or “specified anatomical areas” by display, decorations, sign, show
                window or other opening from any public view.

        3.      No advertisement displays or merchandise available for sale or rent that includes or
                depicts explicit “sexual activities” or “specified anatomical areas” shall be visible
                from any public right-of-way.

        4.      Hours of operation: No sexually oriented business, except for an adult motel, shall
                open for business between the hours of 2:00 a.m. and 6:00 a.m.

        5.      Restroom: Restrooms in any sexually oriented business shall not contain video
                viewing or reproduction equipment.

        6.      Illumination: All sexually oriented businesses shall be equipped with overhead
                lighting fixtures of sufficient intensity to illuminate every place to which patrons are
                permitted access at an illumination of not less than five foot-candles as measure at
                the floor level. This level of illumination shall be maintained at all time that any
                patron is present in the sexually oriented business.

        7.      Illumination of Parking Areas and Walkways: All off street parking areas and
                premises entries of the sexually oriented business shall be illuminated from dusk to
                closing hours of operation with a lighting system which provides an average range
                of maintained horizontal illumination of not less than two (2) and not more than ten
                (10) foot-candles of light on the parking surface and walkways. All lights are to be
                fully-shielded, and down focused that meet the IENSA standards. This required
                lighting level is established to reduce the incidence of vandalism and criminal
                conduct.

        8.      No employee or owner of any sexually oriented business shall knowingly, or with
                reasonable cause to know, permit or allow a patron to commit in the sexually
                oriented business an act of “public indecency” as set forth in Wyoming Statute 6-4-
                201.

        9.      All sexually oriented businesses for establishments with live entertainment shall
                comply with all of the operating standards including the following:

                a.      Any live performance within a sexually oriented business shall only be
                        permitted on a raised stage a minimum of eighteen inches above the floor of
                        the customer seating area. Customers shall be seated no closer than a six
                        foot horizontal distance from the stage. Customers shall not be permitted on
                        stage at any time.

                b.      All performers shall remain on the stage during the performance and
                        physical contact between performers and customer shall not be permitted at
                        any time on the premises.

                c.      It shall be the duty of the owner, his agents or employees to ensure that all
                        requirements of this subsection are enforced.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   215
        10.     All sexually oriented businesses which contain one or more adult video viewing
                booths shall comply with the following standards:

                a.      The sexually oriented business shall be configured in such a manner that
                        there is an unobstructed view from a manager‟s or employee‟s station of
                        every area of the premises to which any patron is permitted access for any
                        purpose, excluding restrooms. The view required in this subsection must be
                        by direct line of sight from the manager or employee‟s station.

                b.      A least one employee shall be on duty at all times while any patron is
                        present inside the sexually oriented business.

                c.      All video viewing booths shall remain unobstructed by any doors, curtains,
                        partitions, walls, merchandise, display racks or other materials and at all
                        times, no patron shall be permitted access to any area of the premises which
                        has been designated as an area in which patrons will not be permitted.

                d.      No video viewing booth may be occupied by more than one person at any
                        time.

                e.      No openings of any kind shall exist between video viewing booths.

F.      Inspections

        1.      An owner or operator of an adult entertainment establishment shall permit a
                representative of the Sheriff‟s Department, Department of Engineering and
                Community Development, County Health Department, and the Sweetwater County
                Fire Department to inspect the premises of a sexually oriented business for insuring
                compliance with the law, at any time it is occupied or open for business.

        2.      A person who operates a sexually oriented business or his agent or employee
                commits an offense if he/she refuses to permit a lawful inspection of the premises
                by a representative of the county as outlined in paragraph (1) above, at any time it is
                occupied or open for business. (W.S. 18-5-206)

        3.      The provisions of these sections do not apply to areas of an adult motel, which are
                currently being rented by customers for use as a permanent or temporary habitation.

G.      Severability: If any section, subsection or clause of this section or article shall be
        deemed unconstitutional or otherwise invalid, the validity of the remaining sections and
        clauses shall not be affected.


H.      Injunction: A person who operates or causes to operate a sexually oriented business in
        violation of any section or part of this section of the Sweetwater County Zoning
        Resolution is subject to a suit for injunction as well as prosecution for criminal
        violations. Such violations shall be punishable by a fine of not more than seven hundred


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    216
        and fifty dollars ($750.00) per offense. Each day a sexually oriented business so operates
        is a separate offense or violation. (W.S. 18-5-205 & 206)

I.      Minors: No person under the age of eighteen (18) shall be permitted:

        1.      In any sexually oriented business;

        2.      To purchase goods or services at a sexually oriented business; or

        3.      To work at a sexually oriented business as an employee.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              217
Section 23.                  Application Fees (Resolution 10-11-CC-01)

The following Application Fees are required to be paid at the time the application is submitted.
Failure to pay the appropriate fees constitutes an incomplete application.

A.      Access Permit ......................................................................................$75

B.      Address Permit ....................................................................................$75

C.      Anemometer Permit............................................................................$75

D.      Appeal - General (Fee is Per Variance) ............................................$50

E.      Appeal - Zoning (Fee is Per Variance ...............................................$50

F.      Building Exception ..............................................................................$225

G.      Conditional Fireworks Permit ...........................................................$150

H.      Conditional Fireworks Permit Renewal ..........................................$75

I.      Conditional Use Permit ......................................................................$150

J.      Conditional Use Permit - Wind Farm ...............................................$5,000 Base, Plus
        ...............................................................................................................$100 Per Turbine

K.      Conditional Use - Storage of Radioactive & Explosive Materials ..$400

L.      Construction Use Permit - Residential ..............................................$50

M.      Construction Use Permit - Commercial & Industrial .....................0.1% of Project
        ...............................................................................................................Minimum $300

N.      Construction Use Permit - Commercial Wind Farm.......................$2,000 Per
        ...............................................................................................................Turbine

O.      Construction Use Permit - Non-Commercial Wind Farm ..............$75

P.      Construction Use Permit - Provisional .............................................$50

Q.      Development Plan ...............................................................................$150

R.      Grading Permit - Residential - Platted and Unplatted ....................$75

S.      Grading Permit - Commercial & Industrial - < 10 Acres ..............$100

T.      Grading Permit - Commercial & Industrial - > 10 Acres ..............$150

U.      Hardship Exception ............................................................................$150
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                    218
V.      Home Occupation Type I ..................................................................$75

W.      Home Occupation Type II ..................................................................$75

X.      Home Occupation Type III ................................................................$75

Y.      Language Amendment........................................................................$225

Z.      Language Amendment - Comprehensive Plan & GMP ..................$225

AA.     License A ..............................................................................................$225

BB.     License B ..............................................................................................$75

CC.     Map Amendment - Planning Map & GMP Map .............................$225

DD.     Oil & Gas Permit ................................................................................$150

EE.     Transmission Towers & Support Facilities ......................................0.1% Cost of
        ...............................................................................................................Towers and
        ...............................................................................................................Support Facilities

FF.     Use Permit - No New Structures, Residential ...................................$50

GG.     Use Permit - No New Structures, Commercial & Industrial ..........0.1% of Project
        ...............................................................................................................Minimum $300

HH.     Zone Change ........................................................................................$225




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                                                   219
Section 24.             Amendment Procedures
A.      Statement of Public Policy

        It is the intent of Sweetwater County that these regulations, which include this Resolution
        and the Official Zoning Map, have been established for the purpose of promoting sound
        and desirable development and for maintaining stable land use patterns. In harmony with
        this purpose, the Resolution and Map shall not be amended except (1) to correct an obvious
        error or oversight in the regulations, or (2) to recognize changing conditions in the County
        which require that amendments be adopted for the promotion of the public health, safety,
        and general welfare. In conformity with this statement of policy, the Board of County
        Commissioners and Land Use Department may initiate amendments in the manner
        hereinafter set forth.

B.      Amendments - Type and How Made

        1.      Amendments shall be two types:

                a.      Language amendments which seek to change the wording of the Zoning
                        Resolution; and,

                b.      Map amendments which seek to change the district boundary lines on the
                        Official Map.

        2.      Applications for amendments of either type shall be made to the Land Use
                Department. The Land Use Department may develop forms for this purpose. The
                application shall include among other things:

                a.      The name and address of the applicant.

                b.      The applicant‟s interest in the application, i.e. whether owner of the land or
                        structure affected or agent.

                c.      The name and address of other interested parties.

                d.      A legal description and a map of any area sought to be rezoned; the map
                        shall show the relationship of the property to abutting properties.

                e.      The existing zoning district designation and the proposed designation.

                f.      The nature and effect of the proposed amendment.

                g.      A time schedule for development in the case of map amendments.

                h.      A statement on the legal basis for such an amendment whether to correct an
                        error or to recognize changing conditions.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 220
        3.      The Land Use Department shall review the application for correctness and
                completeness and may forward a copy of the application to any other agency which
                might be affected by the amendment. If there is an existing incorporated
                community within one mile of the area sought to be re-zoned, a copy of the
                application shall be directed to the legislative body of that community for its review
                and comment.

        4.      The Land Use Department shall seek a timely response from agencies and
                communities in regard to the application. If a response or notification that a
                response will be given is not forthcoming within twenty (20) days from the date on
                which the application was sent, then the agency or community not responding will
                be considered to have no objection.

        5.      The Land Use Department shall assemble all comments, including its own, and
                schedule the matter for a public hearing before the Planning and Zoning
                Commission and for a later public hearing before the Board of County
                Commissioners.

C.      Public Hearings

        1.      The Planning and Zoning Commission shall hold public hearings on all
                amendments to this Resolution or to the Official Zoning Map at which all interested
                parties shall have an opportunity to be heard. Notice of the time and place of the
                public hearing and the nature of the amendment sought shall be given by one
                publication in a newspaper of general circulation in the County at least fourteen
                (14) days before the date of such hearing. Additionally, any area which is to be the
                subject of an amendment to the Official Zoning Map shall be posted for at least
                fourteen (14) day prior to the hearing. The posted notice shall be in size and
                location as prescribed by the Land Use Department and shall state the present
                zoning classification and the time and place of the public hearing. Such notice shall
                be posted by the applicant and shall be removed by the applicant within fifteen (15)
                days after the public hearing has been held.

        2.      After its public hearing and after due deliberation, the Planning and Zoning
                Commission shall certify its findings and recommendations on any proposed
                amendments to this Resolution or to the Official Zoning Map to the Board of
                County Commissioners in writing. A hearing item may be tabled. A specific reason
                for tabling must be stated in the motion by the Commission. A specific time frame
                for tabling must also be stated in the motion by the Commission. If the
                Commission requires changes or corrections to the applicant‟s request, the applicant
                must comply with the Commission‟s requirements. The Commission may deny the
                applicants request if he/she has not fulfilled the requirements of the Commission.

        3.      No amendments to this Resolution or the Official Zoning Map shall be enacted until
                after a public hearing has been held before the Board of County Commissioners at
                which all interested parties shall have an opportunity to be heard. Notice of the time
                and place of the public hearing and the nature of the amendment sought shall be
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 221
                given by one publication in a newspaper of general circulation in the County at least
                thirty (30) days before the date of such hearing. After the public hearing has been
                held, the Board shall then vote on the zoning matter before it. In its deliberations the
                Board shall take into consideration all of the evidence and comments presented at
                the hearing, agency and community comments, and recommendations of the
                Planning and Zoning Commission. No zoning change shall be put into effect unless
                a majority of the Board votes in favor of its adoption. A hearing item may be tabled.
                A specific reason for tabling must be stated in the motion by the Commission. A
                specific time frame for tabling must also be stated in the motion by the
                Commission. The Commission shall take action on the hearing item within the
                designated time frame. Failure by the applicant to comply shall be grounds for
                denial of the hearing item by the Commission. (Resolution 10-09-CC-04)

D.      Limitations on Filing

        No application for the change of a zoning district classification shall be made by a property
        owner or his agent for any land area which has been the subject of a public hearing
        conducted by the Board of County Commissioners within the immediately preceding
        twelve (12) month period and which the hearing resulted in a rejection of the proposed
        zoning. This limitation shall not apply to land for which a different zoning classification is
        sought than the one rejected by the Board.

E.      Minimum Size of District Area

        1.      Intent.

        It is the intent of this Resolution that all zoning districts be such a size as to function
        effectively when developed to the use for which the district was intended and to be of
        substantial benefit to significant segments of the populace of Sweetwater County. For that
        reason no amendment to this Resolution shall be adopted whereby a zoning classification is
        established for any land area unless the area to be zoned meets the following minimum size
        requirements for the zoning districts as noted:

                a.        A (Agricultural) District – 100 acres

                b.        RR-3 (Rural Residential) District – 10 acres

                c.        RR-5 (Rural Residential) District – 25 acres

                d.        RR (Rural Residential) District – 5 acres

                e.        R-1 (Single-Family Residential) District – 10 acres

                f.        R-2/SF (Single-Family Residential) District – 5 acres

                g.        R-2 (Mixed Residential) District – 5 acres

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   222
                h.      R-3 (Multi-Family Residential) District – 5 acres

                i.      MH (Manufactured Home) District – 5 acres

                j.      CRS (Commercial and Recreational Services) District – 10 acres

                k.      C (General Commercial) District – 10 acres

                l.      B (Retail Business) District – 5 acres

                m.      I-1 (Light Industrial) District – 10 acres

                n.      I-2 (Heavy Industrial) District – 25 acres, except oil and gas transportation
                        facilities

                o.      AO (Rock Springs-Sweetwater County Airport - Airport Influence Area
                        Overlay) District – 100 acres

                p.      MD (Minimum Development) District – No minimum size

        2.      How measured.

                For the purpose of computing the size of an area for compliance with Section 24.E
                above, there shall be included:

                a.      One half of the area of abutting rights-of-way, not however to exceed a
                        dimension of 60 feet to the centerline.

                b.      All of the area of public rights-of-way interior to the area being changed.

                c.      Adjacent and contiguous land within the County already zoned in the
                        zoning classification being sought for the new area.

                d.      Adjacent and contiguous land inside an adjacent municipality that is zoned
                        in a similar category or is used substantially for uses similar to those being
                        sought by the applicant.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  223
Section 25.             Definitions
The following words, terms, and phrases are hereby defined and shall be interpreted in the same
fashion throughout this Resolution. 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 tense shall include the plural. Terms not herein defined shall have the meaning
customarily assigned to them.

A.      Accessory Structure: A subordinate building the use of which is incidental to that of a
        main building located on the same Zone Lot.

B.      Agent: One who acts for, or in the place of the Owner of Record. One who receives
        express written authority from the Owner of Record. Express written authority must be
        provided to the Land Use Department. The lessee in a mineral lease is Agent, without
        providing additional documentation. (Resolution 09-03-CC-03)

C.      Aircraft Landing Strip: A private facility for accommodation and servicing of aircraft
        the use of which shall be limited to the owners of the lot on which the facility is located.

D.      Airport: A public facility for accommodation and servicing of aircraft the use of which
        shall be for general public use.

E.      Alley: A public right-of-way providing a secondary means of access to abutting lands.

F.      Alteration: Any external rearrangement of the structural parts, enlargement, addition,
        increase in height, or relocating of a facility to which a Zoning Permit is required.

G.      Animals for Private Use: Any animal kept or housed in any manner for the use or
        enjoyment of the owner whether the use or enjoyment is for companionship of a pet or for
        food or as a producer of a food substance. Animals kept for any commercial gain including
        stable fees, sale of the animal, or sale of an animal by-product shall not be considered as an
        animal for private use. This shall not apply to the breeding or sale of animals in
        conjunction with a 4-H (or similar organization) project, with the condition that all sales
        shall be local and considered not for profit or gain. Further, this shall not apply to the
        occasional sale of an animal(s) (reason for sale may include lameness or injury, oversized
        litter, old age, etc.). Additionally, animals shall be considered for private use only when the
        owner of the animal and the occupant of the property upon which the animal is kept are the
        same party.

H.      Applicant: The Owner of Record or agent who can apply for a permit pursuant to the
        requirements of this resolution. (Resolution 09-03-CC-03)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  224
I.      Bed and Breakfast: An owner occupied single family dwelling that contains no more
        than four guest rooms where lodging for no more than 8 people per night, with or
        without meals, is provided for compensation. (Resolution 06-15-CC-01A)

J.      Board: The Board of County Commissioners of Sweetwater County, Wyoming.

K.      Boarding House: A dwelling other than a hotel where for compensation and by pre-
        arrangement for definite periods meals are provided for three (3) or more persons on a
        weekly or monthly basis.

L.      Buffer: A strip of land, fence or border of landscaping between one use and another
        designed to set apart one use from another. A buffer is intended to mitigate negative
        impacts of the more intense use on adjacent uses. (Resolution 10-09-CC-04)

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

N.      Building Frontage: That façade of a structure containing a Permitted Use which is
        generally parallel to and closest to the Front Line of a Zone Lot.

O.      Certificate of Completion: A Certificate issued by the Sweetwater County Planning
        Department, which allows a building or structure to be occupied or used. A Certificate
        of Completion is required only for a Provisional Construction Use Permit. (Resolution
        07-03-ZO-06)

P.      Communication Booster, Repeater Facility: An unmanned facility, site, or location
        that contains one or more antennas, telecommunication towers, alternative support
        structures, satellite dish antennas, dishes, or similar communication devices, and support
        equipment and buildings, which is used for transmitting, receiving, boosting, repeating
        or relaying telecommunication signals. (Resolution 09-05-CC-01)

Q.      Communication Booster, Repeater Tower: A monopole, guy, or lattice structure used
        to support antennas for transmitting, receiving, repeating, or relaying telecommunication
        signals. (Resolution 09-05-CC-01)

R.      Corner Lot: A Zone Lot situated at the intersection of two or more streets.

S.      Developer: A Developer is a person or entity that applies for a permit required by the
        Sweetwater County Development Codes.

T.      Districts: Any section or sections of Sweetwater County for which the regulations
        governing the use of lands and the use, density, bulk, height, and coverage of buildings
        and other structures are uniform.

U.      Drive-In Restaurant: A retail establishment engaged in the sale of prepared food and
        drink, which is served to and/or consumed on the premises by the occupants of vehicles
        in their vehicles.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              225
V.      Dwelling Unit: A structure or a portion thereof used for living purposes or constituting
        a separate, independent housekeeping unit for permanent residential occupancy.

W.      Family: One or more persons related by blood, marriage, or adoption, or not more than
        three (3) unrelated persons living as a single housekeeping unit as distinguished from a
        group occupying a hotel, motel, club, fraternity, sorority, or lodging house. For purposes
        of the Resolution “one or more persons related by blood, marriage, or adoption” shall
        mean the immediate family only with one head of household (i.e. father, mother, son,
        daughter) and shall not include extended family member (i.e. son-in-law, daughter-in-
        law, or their children).

X.      Fire Apparatus Access Road: For the purpose of these Rules, a fire apparatus access
        road shall be defined as the principle vehicular path from an approved access point to the
        front line of the Developer‟s property. At a minimum, Fire Apparatus Access Roads
        shall be constructed to standards defined by the most recent edition of the Uniform Fire
        Code to include, but not limited to, width, surfacing, turning radius, drainage, etc.

Y.      Foundation, Permanent: A foundation which is defined as a permanent foundation and
        that meets the requirements of the most current edition of the International Residential
        Code for residential structures and the International Building Code for commercial and
        industrial structures. Foundation plans stamped by a Wyoming Licensed Professional
        Engineer must be submitted to the Land Use Department and accompany a Construction
        Use Permit. (Resolution 09-03-CC-03)

Z.      Front Line: A designated boundary line of a Zone Lot parallel to and abutting the right-
        of-way line of an officially approved street or highway. There shall be only one Front
        Line per Zone lot; the Front Line of a corner Zone Lot or a through Zone Lot shall be
        designated by the owner of the Zone Lot. For parcels 35 acres or larger within the growth
        management area, the front line shall be a designated boundary line of a zone lot parallel to
        and abutting a public road or a fire apparatus access road as defined by section 14 of the
        Rules Regarding Roads For Obtaining Sweetwater County Construction/Use Permits On
        Parcels, 35 Acres Or Larger, Located Within The Growth Management Area (GMA) Of
        Sweetwater County, Wyoming.

AA.     Gasoline Filling Station: A retail establishment engaged in the sale of automotive
        fuels, motor oil, or other automobile accessories, and providing incidental services
        including lubrication, hand washing and cleaning, or major mechanical work and repairs.
        Shall not include painting or body-work.

BB.     Grading: The excavation or fill of earth material or a combination of both. (Resolution
        07-12-CC-01)

CC.     Grading Permit: A Permit, issued by the Sweetwater County Planning Department,
        which allows the cut or fill of earth material by artificial means. (Resolution 07-12-CC-
        01)

DD.     Gross Floor Area: The sum of the areas of the several floors of a building measured
        between the exterior faces of the exterior walls at each floor excluding any floor area

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                226
        used exclusively as parking for storage vehicles and excluding any area of the building
        which has a floor-to-ceiling height of less than six feet. Floor areas below grades
        meeting the six (6) foot height shall be included in the gross floor area whether or not
        they are considered finished areas.

EE.     Guest or Dude Ranch: A use incorporating two or more guest rooms, other than a
        boardinghouse, hotel, or motel, and including outdoor recreational facilities, such as, but
        not limited to, horseback riding, swimming, fishing, tennis courts, shuffle-board courts,
        barbecue and picnic facilities, and dining facilities intended primarily for use by the
        guests of the guest ranch. Bars and restaurants that serve / cater primarily to those other
        than guests of the guest ranch are not permitted. A Temporary Work Camp is not
        considered a Guest or Dude Ranch. (Resolution 09-03-CC-03

FF.     Helicopter Landing Site: A private facility for accommodation and servicing of
        helicopters the use of which shall be limited to the owner or owners of the lot on which the
        facility is located.

GG.     Heliport: A public facility for accommodation and servicing of the helicopter the use of
        which shall be for the general public.

HH.     Hospital: An institution intended primarily for the medical diagnosis, treatment, and
        care of patients being given medical treatment. A hospital shall be distinguished from a
        clinic by virtue of providing for bed and patient care.

II.     Indoor Riding Area: An establishment contained within an enclosed structure where
        horses are boarded and cared for and where instruction in riding, jumping, cutting,
        training and showing is offered, and the general public, for a fee, hire horses for riding.
        No outside corrals used for the purpose of boarding or housing horses, or manure storage
        in an unenclosed structure will be allowed in conjunction with this use.

JJ.     Infrastructure: Improvements, both on-site and off-site, that are basic to a proposed
        development, including, but not limited to, public and private roadways, water systems
        and components, sanitary sewer systems and components, drainage systems, electrical
        utility, natural gas utility, telephone utility, fire protection appurtenances, driveway
        culverts and driveway approaches. (Resolution 09-03-CC-03)

KK.     Junk / Salvage Yard: A lot, land, or structure or part thereof used primarily for the
        collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or
        for the collecting, dismantling, storing, and salvaging of machinery or vehicles not in
        running condition, or for the sale of parts thereof. The above uses shall be considered a
        junkyard whether or not sale of materials are conducted on or off the property.

LL.     Land Use Department: The combined Planning and Zoning Commission, the Land
        Use Director, and Land Use staff of Sweetwater County, Wyoming.

MM. Land Use Office: The Land Use Director and Land Use staff of Sweetwater County,
    Wyoming.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                227
NN.     Leisure Activities: Human endeavors other than employment or those principally
        concerned with the provision or procurement of the necessities of life. Leisure activities
        include such things as participatory sports, fitness activities, active or passive
        recreational pursuits and social, cultural, educational or religious events.

OO.     Licensed Vehicle: A vehicle with a currently valid license.

PP.     Loading Space: A space within the main building or on the same Zone Lot providing
        for the standing, loading, or unloading of a vehicle.

QQ.     Major Site Plan: A drawing to scale, showing the accurate location of all existing and
        proposed structures, streets, alleys, parking areas, and other information required by this
        resolution, and such Major Site Plan includes the installation of both on-site and / or off-
        site infrastructure, both public and private. A Major Site Plan involves one or more of
        the following: multiple-family structures or structures; twenty thousand (20,000) or more
        square feet of retail or service commercial or industrial floor space; twenty thousand
        (20,000) or more square feet of office floor space; fifty thousand (50,000) or more
        square feet of exterior storage of material or goods; or parking for one hundred fifty
        (150) or more motor vehicles. A Major Site Plan may be used for phased development
        in a Development Plan. (Resolution 10-09-CC-04)

RR.     Manufactured Home: This housing style includes both modular and mobile homes.
        Both modular homes and mobile homes are manufactured to create a suitable
        environment for long-term residential occupancy. Manufactured homes must be used in
        the manner in which it was manufactured. Two or more manufactured homes shall not
        be combined into one dwelling unit or multi-family dwelling unit. Recreational Vehicles
        are not considered a manufactured home for the purposes of this code. (Resolution 09-
        03-CC-03)

SS.     Manufactured Home Subdivision: A unified development of manufactured home lots
        arranged on a tract of land for the purpose of selling or leasing lots meeting the
        requirements of these regulations and the requirements of the Subdivision Regulations.
        Manufactured Home Subdivisions are also referred to as Mobile Home Subdivisions.
        (Resolution 09-03-CC-03)

TT.     Mini Warehousing: Storage within an enclosed structure of domestic or household
        goods, passenger and other types of recreational vehicles, or equipment where no major
        repair work is done or maintenance requiring any open flame, welding, use or storage of
        flammable liquid, gasses, or explosives.

UU.     Minor Accessory Structures: Minor Accessory Structures are structures which are
        minor in nature and meet all of the following criteria:

        1.      Size: 96 square feet or less.

        2.      Height: Less than 12 feet in height.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                228
        3.      Foundation: Do not have permanent foundations nor are these structures affixed to
                a permanent location on the ground.

        4.      Relation to Permitted Use: Are not attached to a structure containing a permitted
                use.

        5.      Setbacks: Comply with all setback requirements for the district in which the
                structures are located.

VV.     Minor Site Plan: A drawing to scale, showing the accurate location of all existing and
        proposed structures, streets, alleys, parking areas, and other information required by this
        resolution, and such Minor Site Plan includes the installation of both on-site and / or off-
        site infrastructure, both public and private. Any Site Plan that is not a Major Site Plan
        shall be considered a Minor Site Plan and shall be reviewed in accordance with the
        requirements of Section 4.B.3. (Resolution 10-09-CC-04)

WW. Mobile Home: A portable structure designed for use as a year-round dwelling unit built
    on a chassis which is an integral part of the mobile home‟s structure. The mobile home
    is transportable over the public highways on its own wheels. Such a structure shall be
    considered a mobile home whether or not the wheels originally mounted have been
    removed and whether or not the structure has been placed on a foundation.

XX.     Modular Home: A structure or part of a structure capable of being transported by an
        appropriate vehicle from the place of fabrication to the site on which it is to be erected.
        The foundation for Modular Homes must be permanent and must meet the requirements
        of the most current edition of the International Residential Building Code. The chassis
        on which a modular home is transported is not a required part of the modular home
        superstructure. (Resolution 09-03-CC-03)

YY.     Motel: A building or series of buildings in which lodging is offered for compensation,
        and which is distinguished from a hotel primarily by reason of providing direct
        independent access to and adjoining parking for each rental unit.

ZZ.     Multi-Family Dwelling: A building containing three or more dwelling units, including
        units that are located over the other. Plans must be submitted by a Wyoming Licensed
        Engineer or Architect at the time of application, and must meet the requirements of the
        most current edition of the International Building Code. Prior to occupancy, a sworn
        certification must be submitted stating that construction is in accordance with the plans.
        Certification is required to ensure health and safety of the occupants. (Resolution 09-03-
        CC-03)

AAA. Officially Approved Way: An access road, which is not a public street, and meets the
     requirements as defined for a Zone Lot. (Resolution 10-09-CC-04)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                  229
BBB. Open Space: That portion of a Zone Lot not occupied by a structure and not otherwise
     used in the operation of the Permitted Use. Setback areas meeting this definition shall
     be considered as open space.

CCC. Owner of Record: The person or entity shown in the records of the Sweetwater County
     Clerk to be the owner of a particular property. Owner of Record includes multiple
     owners of property. When there are multiple owners of record, a co-owner may sign as
     the owner of record. For a co-owner who has signed as owner of record, the County
     reasonably assumes that the interests of other co-owners have been addressed by the
     owner of record. (Resolution 09-03-CC-03)

DDD. Parking Space: An off-street space available for the parking of one (1) motor vehicle
     and having an area of not less than one hundred sixty-two (162) square feet exclusive of
     passageways and driveways appurtenant thereto and having direct access to a street or
     alley.

EEE. Permitted Use: A use enumerated for a Zoning District.

FFF. Phasing: To establish distinguishable parts of a proposed development with clear
     boundary lines, said parts to be integral to sequential development. (Resolution 09-03-
     CC-03)

GGG. Plat: A map, drawing or chart on which the subdivider‟s plan of the subdivision is
     presented and which he submits for approval and eventual recording in final form.

HHH. Provisional Construction Use Permit: The purpose of a Provisional Construction Use
     Permit is to allow construction of buildings or structures to commence prior to approval
     and acceptance of all required installed public improvements and approval and
     certification of required installed private improvements. Required Improvements may be
     public or private improvements that may be required for the approval of the project.
     Required improvements are those improvements listed in an Improvements Agreements,
     stated requirements of the Regulations of Sweetwater County, or other reasonable items
     that may be required by Staff for health, safety, and welfare purposes. Certification for
     this section means a Wyoming Licensed Professional Engineer is attesting to compliance
     of the installed improvements with the applicable Local, State, and Federal regulations.
     (Resolution 09-03-CC-03)

III.    Public Recreational Facilities: Recreational Facilities open to the general public and
        owned by a governmental entity.

JJJ.    Public Street: A street, highway or road dedicated or otherwise legally established to
        the public use affording the principal means of access to abutting property. A public
        street may be publicly or privately maintained. The construction standards of the
        Sweetwater County Engineer must be met for a public street. (Resolution 10-09-CC-04)

KKK. Public Utility: Any person, firm, corporation, municipal department, or board duly
     authorized to furnish and furnishing under state or municipal regulations to the public
     electricity, gas, steam, communication, telegraph, transportation or water.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                          230
LLL. Quarry: An open land area where sand, gravel, soil, rock fragment, or similar
     unconsolidated material is mined or excavated for sale or off-tract use. A quarry may
     include sifting, crushing, and washing as part of the operation. However, a quarry
     operation shall not include the stockpiling of materials mined or quarried off site, nor the
     production of asphalt, concrete or similar products, nor the use of storage of explosives
     unless a conditional use permit specifically authorizing such operations is obtained. All
     quarry operations must be permitted by the Wyoming Department of Environmental
     Quality. Quarries do not require frontlines but must be accessible in a manner approved
     by the County Engineer and the County Fire Warden.

MMM.Rear Line: The rear Line shall be the boundary of the Zone Lot opposite or most nearly
    opposite the Front Line.

NNN. Recreational Facilities: A place designed, equipped and utilized for leisure activities.
     Notwithstanding any other provisions, all recreational facilities shall have sufficient off-
     street parking and loading as determined by the county engineer and maintained in
     accordance with Section 8 of the Zoning Resolution.

OOO. Recreational Vehicle: A vehicular-type portable structure without permanent
     foundation that can be towed, hauled, or driven and primarily designed as a temporary
     living accommodation for recreational, camping, and travel use and including, but not
     limited to, travel trailers, truck campers, camping trailers, and self-propelled motor
     homes. A Recreational Vehicle is not considered a manufactured home. (Resolution 09-
     03-CC-03)

PPP. Required Improvement: A required improvement is an improvement, public or
     private, that may be required for the approval of a Provisional Construction Use Permit,
     Development Plan, Major Site Plan, or Subdivision. Required Improvements are those
     improvements listed in an Improvements Agreement, stated requirements of the
     Regulations of Sweetwater County, or other reasonable items that may be required by
     Staff for health, safety, and welfare purposes. (Resolution 09-03-CC-03)

QQQ. Restaurant: A retail establishment engaged in the sale of prepared food and drink
     which is served to customers entirely within the structure housing the Permitted Use.

RRR. Sanitary Landfill: A site for final disposal of solid waste on the land by a method
     employing compaction of the refuse and cover with earth or other inert material. Such
     site shall comply with the health laws, standards, rules, and regulations of the Wyoming
     Department of Environmental Quality.

SSS.    Screening: A method of visually shielding or obscuring an abutting or nearby use or
        structure from another by fencing, walls, berms, or densely planted vegetation.
        (Resolution 10-09-CC-04)

TTT. Setback: The horizontal distance between any structure and the established Zone Lot
     Line.



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                             231
UUU. Setback Line, Front: A line delineating the minimum allowable distance between the
     front property line and a structure on the Zone Lot.

VVV. Side Line: Any boundary of a Zone Lot not a Front Line or a Rear Line.

WWW.Sign: Any device or display of letters, words, models, banners, flags, pennants,
   symbols, or other representations which are in the nature of an announcement or
   advertisement or calls attention to a product, service, organization, person, or event. The
   word “sign” does not include the flag, pennant, or insignia of any nations, state, city, or
   other political unit.

XXX. Signature: The name of the person written with his own hand. Facsimiles of original
     signatures or other copies may be accepted at the discretion of the Department. In
     addition, the Department may require the signatory to legibly print the name beneath the
     signature. (Resolution 09-03-CC-03)

YYY. Single-Family Dwelling: A single, detached structure having but one dwelling unit for
     the residential occupancy of a family as defined in this Resolution and complying with the
     provisions of the Uniform Building Code for dwellings. Manufactured Homes meeting the
     following criteria will be considered as a Single-Family Dwelling for the purposes of this
     Resolution.

        1.      Minimum Width of 18 Feet

        2.      Permanent Foundation

        3.      Shingled Roof

        4.      Minimum Area of 900 Square Feet

        5.      Siding of Wood, Masonite, or Comparable Material

ZZZ. Site Plan: A drawing to a measurable and readable scale, but not less than 1 inch equals
     100 feet, showing the accurate location of all structures, streets, alleys, parking areas
     existing and proposed on subject property or any other information as may be required
     by this Resolution. (Resolution 09-03-CC-03)

AAAA.Street or Highway: A right-of-way other than an alley dedicated or otherwise legally
    established to the public use affording the principal means of access to abutting property.

BBBB. Structure: Anything constructed or erected the use of which requires a more or less
      permanent location on the ground. Fences, signs, utility poles and lines, railways,
      monuments, statuary, flagpoles, roadways, and bridges shall not be considered structures
      for the purposes of this Resolution.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                           232
CCCC.Structure, Attached: A structure having one or more party walls in common with
    another structure, and where the common attached wall exceeds 30% of the length of the
    attached wall. (Resolution 09-03-CC-03)

DDDD.Structure, Detached: A structure having no party wall in common or physical
    connection with another structure.

EEEE. Sweetwater County Development Codes: The Sweetwater County Development
      Codes include the following Sweetwater County documents: Zoning Resolution of
      Sweetwater County, Subdivision Regulations of Sweetwater County, and the Sweetwater
      County Growth Area Plan and Agreement.

FFFF. Sweetwater County Technical Review Team: This team consists of the divisions of
      Land Use, Engineering, Surveying, Community Development, Emergency Management,
      Sweetwater County Fire Warden, and Sweetwater County Health Department. The
      Community Development Supervisor will be responsible for coordination of this team.

GGGG.Temporary Work Camps: Any lot or parcel of land upon which temporary portable
    units (RV‟s, mobile homes, tents and other similar units) intended for residential
    occupancy are located. A temporary work camp is intended to provide temporary
    housing for a work related project, and is not intended as permanent housing. The
    Conditional Use Permit shall determine the term of use. A Temporary Work Camp is
    also referred to as Base Camp, Man Camp or Work Camp. (Resolution 09-03-CC-03)

HHHH.Through Lot: A Zone Lot which abuts a street or highway along both its Front and
    Rear Lines.

IIII.   Trucking: A trucking business for the purpose of this Resolution located in an I-1
        (Light Industrial) zone district shall be one limited in the scale of its operation. No more
        than ten (10) trucks and their single trailer units shall be allowed in association with the
        Permitted Use. Maintenance buildings shall be limited to no more than two (2) truck
        bays. Offices are permitted. Storage of fuel shall be in accordance with the pertinent
        district regulations.

JJJJ. Two-Family Dwelling: A single structure designed or used for the residential
      occupancy of two families and complying with the provisions of the Uniform Building
      Code for dwellings.

KKKK.Wood Recycling Shop: An establishment within an enclosed structure for the purpose
    of using used wood and recycling it into usable products such as molding for house
    construction, molding for picture frames, and other types of wood products. All
    products and supplies will be stored in a structure. Retail/Wholesale sales will be
    allowed in conjunction with this use. No outside storage of debris, waste or other by-
    products will be allowed in conjunction.

LLLL. Veterinary Hospital: A place intended for the medical diagnosis, treatment, and care of
      animals. A hospital shall be distinguished from a clinic by virtue of providing for the
      boarding of animals for purposes of receiving some medical care.

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                233
MMMM.Zone Lot: A single parcel of contiguous land occupied or intended to be occupied by
   structures and uses as permitted by this Resolution together with the open spaces
   required by this Resolution. All Zone Lots shall have a front line which shall abut a
   “public street”. Exemptions to the public street requirement may be allowed.
   Exemptions to the public street requirement may include:

        1.      Unmanned communication facilities.

        2.      Unmanned or remotely located compressor stations.

        3.      Unmanned or remotely located metering stations.

        4.      Unmanned or remotely located fiber optic booster stations.

        5.      Unmanned or remotely located evaporation ponds.

        6.      Oil and gas drilling exploration and extraction facilities.

        7.      Gravel quarries.

        8.      Other similar commercial or industrial uses as approved by the Board of County
                Commissioners.

        Exemptions to the public street requirement shall meet the following standards:

        1.      Public easement, private easement, or right-of-way sufficient to provide access,
                being an easement of record.

        2.      Meet the requirements and specifications of the Sweetwater County Engineer and
                provide certification from a Wyoming Licensed Professional Engineer, if required.

        3.      Meet the requirements and specifications of the Sweetwater County Fire Code
                Official and the International Fire Code.

        4.      Meet the requirements and specifications of the Sweetwater County Emergency
                Management Coordinator.

        The Sweetwater County Engineer shall approve all Exemptions to the public street
        requirement.

        Zone Lots for parcels 35 acres or larger within the Growth Management Area shall abut on
        a public street or Fire Apparatus Access Road as defined by Paragraph J of the “Rules
        Regarding Roads for Obtaining Sweetwater County Construction/Use Permits on Parcels,
        35 Acres or Larger, Located Within the Growth Management Area (GMA) of Sweetwater
        County, Wyoming”. (Resolution 10-09-CC-04)




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                234
Section 26.             Repeals

A.      The Sweetwater County Zoning Resolution of 1972 is, upon the effective date of this
        Zoning Resolution, hereby repealed.

B.      The adoption of this Resolution shall not affect nor prevent any pending or future
        prosecution of, or action to compel compliance with the Sweetwater County Zoning
        Resolution of 1972 as amended, if the violation is also a violation of the provisions
        of this resolution.

The Board finds that this Resolution is necessary to promote the public health, safety, morals,
and general welfare of the citizens of Sweetwater County, and determines that it shall take effect
upon filing of the Resolution with the Wyoming Secretary of State.

Approved this 4th day of August 1982.




** The Official Zoning Maps of the Sweetwater County Zoning Resolution are filed with the
Office of the County Clerk of Sweetwater County, Wyoming.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              235
Section 27.             EXHIBITS




      Exhibits are shown on the following pages.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                236
Exhibit         1       Highway, Scenic and Slope Regulations Map




 For general reference only!! When permitting, contact Sweetwater
 County Land Use Department for more precise map information.
Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                       237
Section 28.             Table of Actions

                               TABLE OF ACTIONS
     DATE                                    ACTION                        RESOLUTION
  March 3, 1999      Language Amendment                                    99-03-ZO-02
                     Section 5.A (A District)
                     Section 5.J (CRS District)
                     Section 5.K (C District)
                     Section 5.L (B District)
                     Section 5.M (I-1 District)
                     Section 5.N (I-2 District)
                     Section 6.C (Use by C.U.P.)
                     Section 14.III (Definitions)
   July 7, 1999      Language Amendment                                    99-07-ZO-08
                     Section 6.C (Use by C.U.P.)
                     Section 14.JJJ (Definitions)
   July 16, 2002     Language Amendment                                    02-07-PL-01
                     Insert Rules for GMA Parcels 35 Acres or Larger
   July 16, 2002     Language Amendment                                    02-07-PL-02
                     Section 5 (District Regulations)
                     Section 15.P (Definitions)
                     Section 15.HHH (Definitions)
                     Section 15.KKK (Definitions)
                     Section 15.LLL (Definitions)
                     Section 15.MMM (Definitions)
                     Section 15.NNN (Definitions)
                     Section 15.OOO (Definitions)
  March 18, 2003     Language Amendment                                    03-03-PL-01

                     Section 5: added to the regulations for each zoning
                     district a reference to "Rules for GMA Management
                     Areas" renumbered District Regulations accordingly.
                     Section 5.A.13 (Ag Supplemental)
                     Section 13. (Highway Frontage)
                     Section 14. (Scenic Overlay)
                     Section 15. (Supplemental Slope)
                     Section 20 Exhibits - Exhibit 1: Highway, Scenic,
                     etc.
                     Section 21 Table of Actions
                     Renumbered the following Sections:                    03-03-PL-01
                     Section 13 Amendment Procedures to Section 17
                     Amendment Procedures
                     Section 14 Rules Regarding Roads… to Section 16
                     Rules Regarding Roads....
                     Section 15 Definitions to Section 18 Definitions
                     Section 16 Repeals to Section 19 Repeals



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                            238
                          Table of Actions - Continued
       Date                                 Action                       Resolution
 March 18, 2003      Section 6 Modified the List of Conditional Uses     03-03-PL-01
                     Section 6.C.11. Struck Design Criteria Study Area
                     Section 6.C.11. Added GMA, Agriculture Zone
                     Supplemental Regulations, Conditional Uses
                     Section 6.C.12. Added Growth Management Area,
                     Highway Frontage Overlay Conditional Use
                     Section 6.C.13. Struck Hillside Protection Study
                     Period
                  Section 6.C.22. Struck Scenic Study Area
                  Section 6.C.30. Struck Urban Reserve Study Area
                  Section 6.C. Renumbered conditional uses to
                  accommodate additions and deletions
       THE FOLLOWING 20 RESOLUTIONS WERE UPDATED IN JANUARY 2011
                  Section 17 - Added Wind Farm Zoning Regulations
                  as a new section and re-numbered subsequent
 July 5, 2006     sections                                                06-07-PZ-01
                  Section 6 Conditional Uses - Added Bed and
 December 5,      Breakfast Regulations and sorted Conditional Uses
 2006             alphabetically                                          06-12-CC-01A
                  Section 25 Definitions - Added Bed and Breakfast
                  and sorted definitions alphabetically
                  Section 6 Conditional Uses - Added Utility, Service
                  and Improvement District Support Facilities and
 February 6, 2007 sorted Conditional Uses alphabetically                  07-02-ZO-02
                  Section 5 District Regulations - Amended Public
                  Utility and Public Service Installations in the
                  following subsections: A.1.t., A.13.d.7, B.1.i., C.1.i,
                  D.1.i., F.1.o, G.1.h., and J.1.aa.
                  Section 11 Development Plans - Amended 11.B.
 February 6, 2007 Applicable Districts                                    07-02-ZO-04
                  Section 4 Administration and Enforcement - Added
                  4.B.8. Issuance of Provisional Construction Use
 March 20, 2007   Permit                                                  07-03-ZO-06
                  Section 25 Definitions - Added Certificate of
                  Completion, Provisional Construction Permit, Major
                  Site Plan, Phasing and Infrastructure and sorted
                  definitions alphabetically
                  Section 5 District Regulations - Added Mini-
                  Warehousing to 5.M.1 I-1 District Permitted Uses
 October 2, 2007  and sorted alphabetically                               07-10-ZO-02
                  Section 18 - Added Grading Permit Regulations as
 December 4,      a new section and re-numbered subsequent
 2007             sections                                                07-12-CC-01
                  Section 25 Definitions - Added Grading Permit and
                  Grading and sorted definitions alphabetically
                  Section 6 Conditional Uses - Added Mini-
                  Warehousing in CRS District and sorted Conditional
 January 2, 2008  Uses alphabetically                                     08-01-ZO-08
                  Section 6 Conditional Uses - Amended 6.C.17
 July 15, 2008    Quarries Not Exceeding 40 Acres in Size                 08-07-CC-05


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                            239
                          Table of Actions - Continued
       Date                                 Action                           Resolution
                     Section 22 - Added Sexually Oriented Business
 October 21,         Regulations as a new section and re-numbered
 2008                subsequent sections                                     08-10-CC-03
                     Section 6 Conditional Uses - Amended 6.C.24
 October 21,         Storage of Radioactive Material for Well Logging
 2008                Companies                                               08-10-CC-04
 December 16,        Appendix A - Added Sweetwater County Nuisance
 2008                Regulations as an Appendix                              08-12-CC-04
                     Section 4 Administration and Enforcement -
 March 17, 2009      Amended 4.C Violations, Penalties and Remedies          09-03-CC-03
                     Section 4 Administration and Enforcement -
                     Amended 4.D Appeals
                     Section 4 Administration and Enforcement -
                     Amended 4.B.3 Applications for Zoning Permits
                     Section 5 District Regulations - Amended 5.A., B.,
                     C., D., E., F., G., H., I., J., K., L., M., and N. to
                     include a purpose statement at the beginning of the
                     above named sections
                     Section 25 Definitions - Added/Amended
                     Foundation, Permanent, Manufactured Home,
                     Manufactured Home Subdivision, Modular Home,
                     Recreational Vehicle, Temporary Work Camp,
                     Guest or Dude Ranch, Multi-Family Dwelling,
                     Applicant, Owner of Record, Agent, Signature,
                     Structure, Attached, Provisional Construction Use
                     Permit, Phasing, Infrastructure, Required
                     Improvement and Site Plan and sorted definitions
                     alphabetically
                     Section 5 District Regulations - Added
                     Communication Booster, Repeater Tower or Facility
 May 19, 2009        to 5.P.2 Mineral Development MD-1 District              09-05-CC-01
                     Section 25 Definitions - Added Communication
                     Booster, Repeater Facility and Communication
                     Booster, Repeater Tower and sorted definitions
                     alphabetically
 November 17,        Section 6 Conditional Uses - Added Public Fire
 2009                Department Fire Protection Training Facility to 6.C     09-11-CC-01
                     Section 25 Definitions - Added Zone Lot, Officially
                     Approved Way, Public Street, Major Site Plan, Minor
 September 20,       Site Plan, Buffer and Screening and sorted
 2010                definitions alphabetically                              10-09-CC-04
                     Section 5 District Regulations - Amended Maximum
                     Height of Structures 5.I.10 Manufactured Home MH
                     District
                     Section 4 Administration and Enforcement - Added
                     Major and Minor Site Plans as 4.B.4 and
                     renumbered subsequent subsections
                     Section 4 Administration and Enforcement -
                     Amended 4.C.4
                     Section 13 Growth Management Area - Highway
                     Frontage Overlay Regulations - Amended 13.C.1.b
                     and 13.C.1.f
                     Section 14 Growth Management Area - Scenic

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                              240
                     Overlay Regulations - Amended 14.C.1 and added
                     14.C.6 through 14.C.12
                     Se.ction 24 Amendment Procedures - Amended
                     24.C Public Hearings
                     Section 3 Purpose and Application - Added H. More
                     Restrictive Regulations Apply
                     Section 6 Conditional Uses - Added D. Review and
                     Approval
                     Section 19 - Added Outdoor Lighting Regulations as
 September 20,       a new section and re-numbered subsequent
 2010                sections                                             10-09-CC-05
 September 20,       Section 21 - Added Sign Regulations as a new
 2010                section and re-numbered subsequent sections          10-09-CC-06
 September 20,       Section 20 - Added Parking Regulations as a new
 2010                section and re-numbered subsequent sections          10-09-CC-07
 November 1,         Section 23 - Added Application Fees as a new
 2010                section and re-numbered subsequent sections          10-11-CC-01




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                           241
                                          APPENDIX A

Sweetwater County Nuisance Regulations (Resolution 08-12-CC-04)
A.      General Definitions

        1.      A “Nuisance” is defined as any use or non-use of property, real or personal, which
                causes material injury to others or which endangers life, health, or safety or which is
                otherwise defined at common law, Wyoming State Statute, or herein.

        2.      Screening or “Screened”: The method by which the view from one property to
                another property is substantially shielded, concealed or hidden. Screening
                techniques include solid fences, walls, hedges, berms, or other approved features.
                No salvage items as defined by this article shall be used as a method of screening.

        3.      Inoperable Vehicle: any motor vehicle which cannot be moved under its own
                power, or cannot be operated lawfully on a public street or highway due to lack of
                an engine, transmission, wheels, tires, or is not currently registered and displaying
                current license or permits or when such vehicle is totally or partially suspended
                above the ground by jack, block, or any other lifting device

B.      General

        1.      A site, property, tract, lot, building grounds, building, area or other property may be
                declared a nuisance by the Board of Sweetwater County Commissioners in
                conformance with Wyoming State Statutes 18-2-101(a)(viii) and 18-2-115 if a
                nuisance, as listed in Section 2(c) of this Article exists on said site, property, tract,
                lot, building grounds, area or other property.

        2.      It shall be unlawful for any person to maintain or permit the existence of any
                nuisance upon property within the boundaries of the unincorporated areas of
                Sweetwater County, Wyoming.

        3.      The following standards are hereby declared by the Sweetwater County Board of
                Commissioners for establishing when a site is a nuisance:

                a.      The outside storage, keeping or maintenance of inoperative and unlicensed
                        vehicles excepting those that are in conformance with the regulations of a
                        specific zone district or as excepted in Section 3 of this article;

                b.      Any building or structure (as well as fencing and screening) shall be
                        considered a nuisance when, for want of repair, dilapidated, defective, or
                        other hazardous condition produces an imminent endangerment to public
                        health or safety;




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                     242
                c.      The maintenance or harboring of farm animals, livestock or domestic
                        animals in the Unincorporated areas of Sweetwater County in an unsanitary
                        manner that creates human health hazards;

                d.      The accumulation of animal manure, animal feces, and waste products that
                        allow for the breeding and propagation of insects and/or rodents, runoff of
                        surface water from areas having deposits of animal manure or waste
                        products onto adjacent or nearby properties or into water drainages and does
                        not meet the EPA Livestock Manure Handling regulations;

                e.      Containing or discharging runoff of water containing pollutants or foul
                        smelling substances that may be offensive to human senses;

                f.      Diverting of runoff and drainage or causing standing water in a manner that
                        adversely affects neighboring properties;

                g.      Destabilizing of the ground surface in a manner that causes dust or other
                        airborne matter which is offensive or dangerous to the health or safety of the
                        public;

                h.      Discharging septic system/sewage effluent onto the ground or into water
                        ways;

                i.      Causing or allowing the effluent from any cesspool septic tank, drain field
                        or sewage disposal system to discharge upon the surface of the ground;

                j.      Maintaining weed growth or debris which, by its presence or manner of
                        storage, presents a clear threat to public health or safety;

                k.      Maintaining presence of insect vector or rodent harborages;

                l.      The unlicensed accumulation of materials, debris, garbage, waste
                        recyclables, or other scrap or junk material such as but not limited to:

                        (1).     Combustible materials such as paper litter, cardboard or paper
                                 piles, piles of weeds or shrubbery trimmings, piles of wood, straw,
                                 hay, grass, etc., which by reason of its presence or manner of
                                 storage creates a potential fire hazard or allows for insect and/or
                                 rodent propagation;

                        (2).     Any waste petroleum or other chemical product (solid or liquid) or
                                 solid waste (rubbish) of any kind which, by reason of its presence or
                                 manner of storage, could contaminate surface or ground water or
                                 could inflict harm to the public directly by evaporation to the
                                 gaseous state, by burning, or direct physical contact; or, indirectly
                                 by harboring vermin;



Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      243
                        (3).     Commercial or household: Appliances (washers, dryers, water
                                 heaters, refrigerators, etc.); Equipment (tools, and manufacturing
                                 equipment, metal products, construction equipment or materials,
                                 etc.); Machinery, Vehicles, Vehicle parts, Tires, or Similar Items
                                 which by reason of its presence or manner of storage presents a
                                 danger to the public or regulatory agencies from collapse, fire,
                                 entrapment, burning, or harboring of dangerous chemicals, or
                                 vermin harboring;

                        (4).     Household or commercial building parts and fixtures such as
                                 furniture, counters, tables, flooring, foundations and wall materials,
                                 roofing materials, electrical parts, mechanical systems parts, etc.,
                                 which by its presence or manner of storage presents a danger to the
                                 public or regulatory agencies from collapse, fire, entrapment,
                                 burning, or harboring of dangerous chemicals or vermin;

                m.      Allowing any discharge into the environment of toxic or noxious materials
                        in such concentrations as to endanger the public health;

                n.      Any chemical and/or biological material that is stored, used or disposed of
                        in such quantity or manner that creates a public health hazard;

                o.      Any condition or situation which renders a structure or any part thereof
                        unsanitary, unhealthy or unfit for human habitation occupancy or use or
                        renders any property unsanitary or unhealthy;

                p.      Failure to keep material, debris, waste, refuse or garbage in a closed
                        container designed for such purposes;

                q.      Burning garbage, weeds and other debris in a manner that is offensive or
                        dangerous to the health, and safety of the public;

                r.      The depositing, placing, creating, or dumping of any putrid or decayed
                        animal or vegetable matter, liquid, chemical, solid waste, refuse or garbage,
                        in a public or private place so as to create a potential health hazard shall
                        constitute a public nuisance;

                s.      Trees, vegetation, artificial light, and other items are considered a nuisance
                        when they obstruct or limit visual observation of traffic control devices,
                        vehicle usage, pedestrian travel ways, etc., or contribute to an unsafe
                        condition for the public utilizing the right-of-ways;

                t.      Noises, except those uses excepted by Section 3 of this article, that exceed
                        the maximum sound levels as prescribed in Table A, Noise Level
                        Restrictions, beyond the site property lines, except that when a
                        nonresidential zoning district or activity abuts a residential zoning district,
                        the residential zoning district standard shall govern.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                    244
                                               Table A
                                        Noise Level Restrictions
                                      Zoning            Maximum Sound Level
                                    Residential                    60 dBA
                            Commercial or Industrial               70 dBA,
                     Note: “dBA” is the measure of sound levels in A-weighted decibels.

                u.        failure to comply with any law or rule regarding sanitation and health
                          including but not limited to:

                          (1).    plumbing,

                          (2).    water supplies,

                          (3).    waste disposal,

                          (4).    storage of chemical pesticides or herbicides

C.      Exceptions

        The following under Section 3 of this article are not considered a public nuisance:

        1.      The following vehicles are not considered a public nuisance:

                a.        Antique or historic motor vehicles, as defined by W.S. Section 31-
                          1101(a)(xv)(A) and screened as defined by this article;

                b.        Vehicles kept in an enclosed garage or storage building;

                c.        Vehicles used for educational or instructional purposes by a proprietary
                          school licensed in Wyoming and screened as defined by this article;

                d.        Vehicles kept by licensed establishments and authorized storage yards and
                          screened as defined by this article;

                e.        Vehicles and equipment relevant to the operation of farms and ranches and
                          screened as defined by this article;

        2.      Maintenance of livestock in un-platted agricultural areas of the county shall not be
                considered a nuisance unless maintained in an unsanitary manner that creates
                human health hazards;

        3.      Retention of farm products, supplies, equipment, and reusable materials at a
                working farm or ranch shall not be considered a public nuisance as long as such
                items and material are kept in such a manner that would not constitute a threat to
                public health or safety.


Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      245
        4.      The maximum sound levels of Table A in Section 2 of this article may be exceeded
                by temporary construction and maintenance activities, but any excessive noise
                generated by such activities shall be restricted to the hours between 7:00 A.M. and
                10:00 P.M. In addition the movement of trains on existing railroad rights-of way,
                the movement of motor vehicles on public roads, the operation of farm machinery,
                the operation of watercraft, the operation of a permitted industrial facility or oil and
                gas or mining operation necessary to the extraction, production or exploration of the
                mineral resources, or other sources of noise not attributable to a particular
                development is not considered a public nuisance.

D.      Outdoor Storage

        1.      Inoperable and unlicensed vehicles that are not considered a public nuisance either
                by exception or are in conformance by a specific zone district shall be stored in the
                rear yard and properly screened as defined by this article.

        2.      The accumulation and storage of animal manure that is not considered a public
                nuisance shall be stored according to the EPA Livestock Manure Handling
                Regulations attached as Exhibit A to this article.

E.      Enforcement

        1.      The Board of County Commissioners shall delegate its authority to declare a
                property to be a nuisance to one or more Sweetwater County Nuisance Officers. It
                shall be the duty of a Sweetwater County Nuisance Officer to issue orders on behalf
                of the Board of County Commissioners declaring properties to be nuisances when it
                reasonably appears from application of the standards established in Section 2 above
                that nuisances exist.

        2.      Written notice shall be provided with the order declaring the property to be a
                nuisance. Said written notice shall comply with the requirements of W.S. §18-2-
                115(b) and shall be filed, served and posted as provided in W.S. §18-2-115(b).
                Procedure for an owner or occupant to deny the existence of any of the allegations
                of the nuisance order shall be as provided in W.S. §18-2-115(c), and court
                proceedings on the order and answer shall be as provided in W.S. §18-2-115 (c) and
                (d). Appeals from the judgment or final order of the district court shall be taken as
                provided in W.S. §18-2-115(e).

        3.      W.S. §18-2-101 (a)(viii) provides the following enforcement measures and civil
                penalties for failure to comply with a final order:

                No person shall create, continue or permit nuisances to exist in violation of a
                final order issued pursuant to W.S. 18-2-115. Any resolution passed by a board
                of county commissioners pursuant to this paragraph is enforceable, in addition to
                other remedies provided by law, by injunction, mandamus or abatement.
                Whoever fails to comply with a final order shall be assessed a civil penalty of up
                to one hundred dollars ($100.00) per day for each day the violation continues. No
                resolution issued pursuant to this paragraph shall regulate any permitted

Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                   246
                industrial facility or oil and gas or mining operations necessary to the extraction,
                production or exploration of the mineral resources. Nothing in this paragraph
                shall be construed to impair or modify any rights afforded to farm or ranch
                operations pursuant to the Wyoming Right to Farm and Ranch Act. (Emphasis
                added.)

        4.      For ease of reference, W.S. § 18-2-115, in its entirety, provides as follows:

                18-2-115.Nuisance abatement; procedures.

                (a) A board of county commissioners shall, by resolution, establish standards for
                determining when a site may be declared a nuisance under W.S. 18-2-101(a)(viii).

                (b)A board of county commissioners may issue an order declaring a property to be a
                nuisance under W.S. 18-2-101(a)(viii) and shall provide written notice to the owner
                or occupant of the property describing with specificity the nature of the nuisance
                and the steps required for abatement. The order shall be in writing, shall state the
                grounds for the order and shall be filed in the office of the clerk of the district court
                of the county in which the property is situated. A copy of the order shall be served
                in accordance with the Wyoming Rules of Civil Procedure upon the owner or
                occupant with a written notice that the order has been filed and shall remain in
                force, unless the owner or occupant files his objections or answer with the clerk of
                the district court within twenty (20) days. A copy of the order shall be posted in a
                conspicuous place upon the property.

                (c) Within twenty (20) days of service of an order issued under subsection (b) of
                this section, the owner or occupant may file with the clerk of the district court and
                serve upon the board of county commissioners issuing the order, an answer denying
                the existence of any of the allegations in the order. If no answer is filed and served,
                the order shall become a final order declaring the site a nuisance and fix a time
                when the order shall be enforced. If an answer is filed and served, the court shall
                hear and determine the issues raised as set forth in subsection (d) of this section.

                (d)The court shall hold a hearing within twenty (20) days from the date of the filing
                of the answer. If the court sustains all or any part of the order, the court shall issue a
                final order and fix a time within which all or any part of the final order shall be
                enforced.

                (e) An appeal from the judgment or final order of the district court may be taken by
                any party to the proceeding in accordance with the Wyoming Rules of Appellate
                Procedure.




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                      247
                            SAMPLES OF SOUND LEVELS
             (FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED FOR
                             ENFORCEMENT PURPOSES)

                   Typical                                                           Dangerous
                    Level                                                              Time
                  (Decibels)                          Example                        Exposure

                  0             Lowest sound audible                                All exposure
                                                                                    is safe
                  30            Quiet Library, soft whisper                         All exposure
                                                                                    is safe
                  40            Quiet office, or living room                        All exposure
                                                                                    is safe
                  50            Light traffic at a distance, refrigerator, gentle   All exposure
                                breeze, normal conversation                         is safe
                  60            Air conditioner at 20 feet, sewing machine          All exposure
                                                                                    is safe
                  70            Busy traffic, noisy restaurant, Vacuum Cleaner      Risk begins


                  80            Subway, heavy city traffic, alarm clock at two      Over 8 hours
                                feet
                  90            Truck traffic, noisy home appliances, shop          Under 8
                                tools, lawnmower.                                   hours
                  100           Chainsaw, boiler shop, pneumatic drill              Under 2
                                                                                    hours
                  120           Rock concert in front of speakers                   Serious
                                                                                    danger
                  140           Gunshot, jet plane                                  Any exposure
                                                                                    can cause
                                                                                    damage
                  180           Rocket launching pad                                Hearing Loss
                                                                                    inevitable




Sweetwater County Zoning Resolution - Revised January 2011
Originally Revised and Adopted August 4, 2003                                                 248

								
To top