Title 11

LAND USE AND DEVELOPMENT

Chapters:

11.05 Findings

11.10 Violations, Penalties and Enforcement

11.15 General Construction

11.20 Definitions

11.25 Compliance Permits

11.30 Permit Approval Process

11.35 Performance Standards

11.40 District Regulations

11.45 Nonconforming Uses

11.50 Planning Commission

11.55 Board of Adjustment

11.60 Amendments

11.65 Fee Schedule

11.70 Livestock Keeping

Chapter 11.05

FINDINGS

Sections:

11.05.010 Reason for enactment.

11.05.020 Based on master plan.

11.05.030 Public hearing held.

11.05.040 Repeal of old code.

11.05.050 Authority.

11.05.010

Reason for enactment.

These land use and development regulations are enacted to protect and to promote the general health, safety and welfare and to minimize any adverse effects from residential, commercial and industrial development within and around the Town of Byron.

11.05.020

Based on master plan.

A master plan has been prepared as a sufficient basis for this title.

11.05.030

Public hearing held.

The public has had numerous and sufficient opportunities to provide input to the preparation of the master plan of the Town of Byron and these land use and development regulations.

11.05.040

Repeal of old code.

In 1977, the Town Council did enact and adopt the Byron Town Development Code. This section repeals such code as adopted in 1977, and is adopted as a revision and modification of that code.

11.05.050

Authority.

This title is adopted under the authority of section 15-1-510 (b) and sections 15-1-601 through 15-1-611 of the Wyoming Statutes and is hereby declared to be in accordance with all provisions of the statutes.

Chapter 11.10

VIOLATIONS, PENALTIES
AND ENFORCEMENT

Sections:

11.10.010 Violation defined.

11.10.020 Discovery of violations.

11.10.030 Informal resolution.

11.10.040 Notice of violation.

11.10.050 Referral to Town Attorney.

11.10.060 Revocation of permits.

11.10.070 Penalty for violation.

11.10.080 Other remedies.

11.10.010

Violation defined.

It shall be a violation of this title to make any use of property or commence construction or other land development activities not expressly permitted by this title, without a compliance permit, or other approval granted pursuant to this title.

11.10.020

Discovery of violations.

The Zoning Administrator shall act upon violations discovered by any of the following means:

(A) Complaints of zoning violations shall be made to the Zoning Administrator. Any person, including any resident or landowner and including any Town officer or employee, may make a complaint. The Zoning Administrator shall investigate all complaints and shall take further action only if the Zoning Administrator verifies that a probable zoning violation exists.

(B) The Zoning Administrator is authorized to review any public records to discover and investigate zoning violations.

(1) Conducting on-site inspections of properties provided the responsible party consents to the inspection;

(2) Inspecting properties by viewing them from public areas including public streets, or from neighboring properties provided the owner of such neighboring property consents;

(3) Observing zoning violations in the course of conducting other Town business for which the Zoning Administrator has permission to enter the property or which otherwise allows the Zoning Administrator to witness a violation;

(4) Obtaining an inspection warrant from a court of competent jurisdiction if other means of inspecting a probable violation are ineffective; and

(5) Other methods approved in advance by the Town Attorney.

11.10.030

Informal resolution.

Upon finding that a zoning violation has probably occurred, the Zoning Administrator may attempt to resolve the matter informally by contacting the responsible party and discussing the violation. In the case of complaints, no more than 30 days shall be allowed for informal resolution. If informal resolution is not successful within the specified time, the zoning administrator shall issue a notice of violation.

11.10.040

Notice of violation.

When the Zoning Administrator has determined that a zoning violation has probably occurred and informal resolution is unsuccessful or inappropriate due to the nature of the violation, the Zoning Administrator shall send a notice of violation to the responsible party by certified mail, return receipt requested. The notice shall state the location of the property, the nature of the violation, the section(s) of this title being violated, a time limit for compliance not exceeding 10 days, the penalty for violations, and suggested corrective actions. At the Zoning Administrator’s discretion, the time limit for compliance may be extended for an additional 10 days if the landowner is making progress toward compliance. If substantial compliance is not achieved within the specified time, the Zoning Administrator shall refer the case to the Town Attorney for enforcement action pursuant to section 11.10.050, Referral to Town Attorney. A notice of violation may be appealed to the Board of Adjustment pursuant to BTC chapter 11.55 and the notice of violation shall advise of this opportunity for appeal.

11.10.050

Referral to Town Attorney.

If a violation is not remedied within the time limit specified in a notice of violation, the Zoning Administrator shall refer the case to the Town Attorney for prosecution.

11.10.060

Revocation of Permits.

If the Zoning Administrator finds that any construction is not in accordance with the information supplied on the permit application or is in violation of this or any other pertinent regulations, or should the Zoning Administrator find that there has been any misrepresentation in connection with the application for the permit, the Zoning Administrator shall notify the responsible party of such findings and notify him that the violation must be corrected. The responsible party shall have 10 working days in which to reply to such notification. If such reply or correction is not made, the Zoning Administrator shall revoke the permit and shall provide to the responsible party a written notice of the revocation, including the reasons for the revocation and notice of the right of appeal to the Board of Adjustment. No person shall proceed with any part of such construction after such notice is received.

11.10.070

Penalty for violation.

Any person violating any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $750.00 for each offense. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense.

11.10.080

Other remedies.

In addition to any of the foregoing remedies the Council may maintain an action for injunction to restrain any violation of this title.

Chapter 11.15

GENERAL CONSTRUCTION

Sections:

11.15.010 Concurrent jurisdiction.

11.15.020 Applicability.

11.15.030 Liberal construction.

11.15.010

Concurrent jurisdiction.

Where other Town, County or State regulations apply concurrently with this title, the more restrictive provisions shall govern.

11.15.020

Applicability.

If any provision of this title or applicability thereof to any person or circumstance is held invalid the remainder of the title and its application to other persons or circumstances shall not be affected.

11.15.030

Liberal construction.

The provisions of this title shall be liberally construed in favor of the public interests.

Chapter 11.20

DEFINITIONS

Sections:

11.20.010 Definitions generally.

11.20.020 Specific definitions.

11.20.010

Definitions generally.

The following terms when used in this title, shall have the meanings, respectively ascribed in the following section.

11.20.020

Specific definitions.

(A) “Accessory housing unit” means a dwelling unit accessory to a principal dwelling unit, located on the same lot, and with not more than one half the floor area of living space compared to the principal dwelling.

(B) “Agricultural production” means all commercial agricultural operations and related buildings and structures, including dry land farming, irrigated farming, turf farming, tree farming, wholesale nurseries, ranching, dairying, and other livestock operations, but not including feedlots.

(C) “Applicant” refers to a person or entity making application for a compliance permit whether in person or by a designated representative.

(D) “Bed and breakfast” means an owner-occupied, single-family dwelling where short term lodging is provided through the rental of no more than four individual rooms to the general public.

(E) “Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

(F) “Campground” means an outdoor area providing space for vacationers to live on a temporary basis in either tents, tent trailers, or recreational vehicles which is open to the general public and operated to provide financial gain to the proprietor. A campground may also include rental cabins and the sale of goods and services to patrons, but its primary function is to accommodate visitors providing their own shelter.

(G) “Commercial business” means retail and service businesses and office uses.

(H) “Commercial recreation business” means a commercial business offering amusement, recreational, or entertainment activities such as indoor riding arenas, bowling alleys, movie theaters, pool halls, game arcades, and amusement rides when such activities are contained within a building.

(I) “Commercial storage” means storage yards and buildings where a fee is charged for the storage of equipment, motor vehicles, boats or recreation vehicles, including mini-warehouses and self service storage facilities for the storage of goods, belongings, possessions, materials, and other goods.

(J) “Community use” means public and quasi-public buildings and land uses operated by a governmental agency or non-profit community organization including non-residential schools, churches, cemeteries, meeting halls, parks, fairgrounds, animal shelters, governmental offices, fire, sheriff, and ambulance stations, and post offices.

(K) “Correctional facility” means prisons, jails, half-way homes for criminals, youth correctional facilities and similar uses.

(L) “Council” refers to the duly elected Town Council of the Town of Byron, Wyoming.

(M) “DEQ” refers to the Wyoming Department of Environmental Quality or its successors.

(N) “Development” means any and all building or construction and all changes in land use.

(O) “Dwelling” means a building or portion thereof used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels, tents, other structures designed or used primarily for temporary occupancy and not including mobile homes.

(P) Dwelling, single-family. “Single-family dwelling” means a detached building, arranged, designed and intended to be occupied by not more than one family, and which has not more than one kitchen and not less than one bathroom and contains at least six hundred square feet of floor area.

(Q) Dwelling, two-family. “Two-family dwelling” means a building occupied by two families living independently of each other and containing at least one thousand square feet of floor area.

(R) Dwelling, multiple-family. “Multiple-family dwelling” means a building occupied by three or more families living independently of each other in separate dwelling units, and containing at least three hundred square feet of floor area in each dwelling unit, including apartment houses, condominiums, townhouses, and other such dwelling facilities joined into one structure and composed of separate dwelling units.

(S) “Highway commercial business” means a business that provides a substantial portion of its goods and services to tourists and travelers, including motels, hotels, restaurants, gift shops, automobile service stations, gasoline filling stations, and truck stops.

(T) “Industrial and commercial development” mean developments for the purpose of manufacturing, materials processing, warehousing, wholesaling, retailing, and providing business, personal or professional services, except a permitted accessory use.

(U) “Industrial uses” means manufacturing, processing, fabrication and assembly operations and wholesale businesses such as animal sale yards, bottling distributors, warehouses, bulk fuel storage, lumber yards and building material sales.

(V) “Institutional use” means group homes, day care centers, hospitals, nursing homes, convalescent homes, retirement homes and similar uses.

(W) “Large accessory building” means any building that is accessory to any use and that is larger than 5,000 square feet and/or occupies more than 50 percent of the lot on which it is to be located.

(X) “Lot” means the basic land development unit, a parcel of land having fixed boundaries not divided by any public street or alley, which is used or intended to be used by one or more principal permitted uses.

(Y) “Manufactured home” means a structure, transportable in one or more dependent sections, constructed in conformance with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. 4501 et seq. as amended) , which is built on a permanent chassis and designed to be used as a single family residential dwelling unit.

(Z) "Manufactured home court" means a parcel (or contiguous parcels) of land which has been so designated and improved that it contains two or more manufactured home lots available for rent and the placement thereon of manufactured homes for residential occupancy.

(AA) "Master plan" means a comprehensive plan for development of the town, prepared and adopted by the planning commission, pursuant to state law, and including any part of the plan separately adopted and any amendment to such plan, or parts thereof.

(AB) “Mobile home” means a structure, transportable in one or more sections, designed for use as a single family residential dwelling unit, built on a permanent chasses, that was constructed prior to June 15, 1976 or is lacking certification of compliance with the National Manufactured Housing Construction and Safety Standards Act. Such a structure shall be considered to be a mobile home, whether or not the wheels originally mounted have been removed, and whether or not the structure has been placed upon a permanent foundation. A “trailer house” is the same as a mobile home.

(AC) “Modular home” means a structure, transportable in one or more dependent sections, designed for use as a single family residential dwelling unit, not built on a permanent chassis, capable of being transported from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation and, when assembled, meets all of the provisions of the Uniform Building Code or International Building Code for residential dwelling units.

(AD) “Outdoor recreation facility” means a commercial business offering on-site amusement, recreational, or entertainment activities which are predominantly conducted outdoors such as drive-in theaters, batting cages, miniature golf, water slides, amusement rides, go carts, and archery ranges.

(AE) “Permitted accessory use” means a building or use customarily incidental to a principal building or principal use and subordinate in area, extent, or purpose to the principal building or principal use served.

(AF) Residential religious use” means monasteries, convents and similar religious facilities providing long-term residential accommodations.

(AG) “Residential schools” means public or private schools, colleges, universities, and training schools providing long-term residential accommodations.

(AH) “Responsible party” means any landowner who authorizes, commissions or allows any construction or other use of land in violation of this title; any tenant, renter, contract purchaser or other occupant of the land who authorizes, commissions or allows any construction or other use of land in violation of this title; any contractor, firm, or other person who engages in construction or land development activities in violation of this title.

(AI) “Rock products mine” means mining of sand, gravel, rock, limestone, and topsoil for use or sale off site, including washing, screening, crushing, and other processing of material produced on-site.

(AJ) “Salvage yard” means any establishment or place of business maintained, operated, or used for storing, keeping, buying or selling junk including scrap metal processors, auto-wrecking yards, salvage and scrap yards, and temporary storage of automobile bodies or parts awaiting disposal, resale, or reuse as a normal part of a business operation when the business has such materials located on the premises on a customary basis.

(AK) “Setback” means the horizontal distance required to be maintained between a given lot line and the projected lines of any structure.

(AL) “Sexually oriented business” means a commercial establishment consisting of, including, or having the characteristics of any of the following:

(1) Adult bookstore: An establishment having a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

(2) Adult cabaret: An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; a cabaret that features female topless dancers, strippers, male or female impersonators, or similar entertainment for observation by patrons.

(3) Adult motion picture theater: An enclosed building used for presentation of video graphic materials distinguished by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

(AM) “Slaughterhouse” means a building used for the slaughtering and processing of animals.

(AN) “Structure” means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.

(AO) “Subdivision” means the division of a tract of land into two or more parts for immediate or future sale or building development. For the purposes of determining whether a subdivision creates one additional part or more than one additional parts, all prior land divisions affecting any of the land which is the subject of the proposed division, which prior divisions took place within five years preceding the date of adoption of this title shall be counted as if part of the current subdivision.

(AP) “Townhouse” means a single family dwelling in a row of at least three such units in which each unit has its own front and rear access the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical fire-resistant walls and each unit is on its own lot.

(AQ) “Trailer house” means the same as “mobile home”.

(AR) “Transportation Uses” means commercial airports, heliports, landing strips, truck terminals, and transmission pipelines.

(AS) “Utility uses” means electric transmission lines, power plants, substations of electrical utilities, solid waste disposal facilities, wastewater treatment plants, water treatment plants, water storage tanks, communication towers over 35 feet in height, pipelines and storage areas of utilities providing natural gas or other petroleum derivatives, and more than 2 microwave dishes with a diameter of 10 feet or more in one location.

(AT) “Zoning Administrator” means the person appointed by the Mayor to administer this zoning resolution. At the discretion of the Mayor, a person holding another town position such as but not limited to the building official or town foreman may concurrently serve as Zoning Administrator.

Chapter 11.25

COMPLIANCE PERMITS

Sections:

11.25.010 When required.

11.25.020 Time of application.

11.25.030 Form of application.

11.25.040 Conditions.

11.25.050 Permit limited to development as represented.

11.25.060 Duration.

11.25.070 Revocation of permit.

11.25.010

When required.

No building or other structure of any kind shall be erected, constructed, relocated or structurally altered, nor shall the use of any property be changed, unless a permit therefor has been issued by the Council or Zoning Administrator.

11.25.020

Time of application.

An application for a compliance permit shall be made prior to the physical layout or start of construction of the proposed development.

11.25.030

Form of application.

The application for a compliance permit shall be made on forms provided by the Council. The application shall be accompanied by a sketch plan:

(A) The sketch plan is the basis for discussion between the applicant, the Zoning Administrator, Planning Commission, and the Council. It is intended that the sketch plan be flexible and susceptible to modification in accordance with the recommendations of the Zoning Administrator, the Planning Commission and the Council. The complexity of the sketch plan will vary with the size and complexity of the development. All applicants should consult with the Zoning Administrator during their preparation of a sketch plan.

(B) A sketch plan should include:

(1) A location map (to appearance scale);

(2) A complete overhead view drawing of the proposed development showing all property lines, streets, alleys, and other public or private rights-of-way; together with all setbacks and dimensions of all structures (including driveways, parking lots, and patios to be erected);

(3) All drawings shall show accurate measurement from the property line to the location of any proposed improvement.

11.25.040

Conditions.

In approving a compliance permit, the Council may impose any reasonable conditions to ensure that the proposed use is compatible with surrounding land uses, and to ensure that the development and operation of the proposed use are performed in a manner consistent with public health, safety, and welfare. Such conditions shall be limited to issues directly related to the impacts of the proposed use and shall be proportional to the impacts.

11.25.050

Permit limited to development as represented.

A compliance permit will be issued for the proposed development as represented to and approved by the Council. Any significant modification or deviation of the development from its represented and approved form shall cause the compliance permit to be void and shall be a violation of the provisions of this title.

11.25.060

Duration.

Unless, upon application of the applicant, the Council grants an extension, each compliance permit shall expire and become void at the expiration of one year from the date of issuance unless a certificate of completion has been submitted to the Zoning Administrator. Each applicant shall submit a certificate of completion to the Zoning Administrator upon completion of the proposed development.

11.25.070

Revocation of permit.

The Council may revoke a compliance permit if terms or conditions of approval are violated. Prior to revocation, the responsible party shall be given an opportunity for a hearing before the Council. Notice shall be provided in accordance with BTC 11.30.090. The Council may specify a time by which action shall be taken to correct any violations in order for the approval to be retained.

Chapter 11.30

PERMIT APPROVAL PROCESS

Sections:

11.30.010 Initial review.

11.30.020 On-site inspections.

11.30.030 Applicant’s presence.

11.30.040 Standard for review.

11.30.050 Planning Commission recommendation.

11.30.060 Initial action.

11.30.070 Further information requests.

11.30.080 Hearings.

11.30.090 Notice of hearing.

11.30.100 Action after hearing and receipt of additional information.

11.30.110 Plans and plats of subdivisions.

11.30.120 Plans for manufactured home courts.

11.30.010

Initial review.

All new developments and subdivisions require an approved permit from the Town. However, different agencies within the Town are responsible for granting the approval depending on the size and type of project. Smaller, simpler developments are approved directly by the Zoning Administrator. Smaller subdivisions (five or fewer lots) are approved by the Planning Commission. Approvals for all larger developments and subdivisions undergo a two-part process wherein the Planning Commission reviews the project and makes a recommendation to the Town Council; the Council then makes the final decision on these larger projects. The specific terms are as follows:

(A) An application for a single-family dwelling or addition thereto, for an appurtenant nonresidential building or structure, or for the placement of a manufactured home, when accompanied by the required fee, shall be reviewed by the Zoning Administrator. Within ten days of receiving a complete application, the Zoning Administrator shall either:

(1) Approve the permit if the proposed development is in compliance with the provisions of this title;

(2) Approve the permit with conditions reasonable and necessary to ensure compliance with this title; or

(3) Deny the permit if it does not comply with this title.

(4) The Zoning Administrator shall report action on the permit to the Council at its next regular meeting.

(B) An application for a subdivision dividing a tract of land into not more than five lots shall, when accompanied by the required fee, be reviewed by the Planning Commission.

(C) All applications for compliance permit other than those listed in BTC 11.30.010 (A) and (B) shall be submitted to the Council. The Council shall refer the application to the Planning Commission for review and recommendation. Final action on these applications shall be made by the Council following a public hearing and receipt of the Planning Commission recommendation.

11.30.020

On-site inspections.

The filing of an application for a compliance permit constitutes permission for the Zoning Administrator to conduct an on-site inspection of the proposed development.

11.30.030

Applicant’s presence.

The applicant or his designated representative shall, if requested by the Planning Commission or Council, be present for consideration of the application.

11.30.040

Standard for review.

Applications for compliance permits shall be reviewed to determine conformance to the performance standards contained in this title and to the general and specific intent of the master plan for the Town of Byron.

11.30.050

Planning Commission recommendation.

Upon receipt of an application for compliance permit from the Council, the Planning Commission shall have 30 days to convene a meeting, review the application and prepare a written recommendation to the Council.

11.30.060

Initial action.

After receipt of the Planning Commission recommendation on an application for a compliance permit, the Council, may:

(A) Request the applicant to submit further information prior to the setting of a hearing date; or

(B) Request the applicant to submit further information and set a hearing date at the next regular meeting of the Council.

11.30.070

Further information requests.

The Council may request further information concerning compliance with the performance standards contained in this title or the master plan for the Town of Byron. Any such further information shall be submitted in accordance with the schedule agreed to by the applicant and the Council. An outline of the information requested and a schedule for its submission shall be provided in writing to the applicant by the Town Clerk within five working days after the schedule is mutually accepted.

11.30.080

Hearings.

A public hearing shall be required upon all applications for subdivisions involving the creation of six or more lots for immediate or future sale, and for all new industrial, commercial and multiple-family developments and for manufactured home courts.

11.30.090

Notice of hearing.

(A) The Town Clerk shall be responsible for providing notices of a public hearing at least 15 days before the date of the hearing.

(B) Notices shall include the following information:

(1) A brief description of the project;

(2) The project's location relative to landmarks or cross roads and the address if available;

(3) An abbreviated legal description;

(4) Applicant's name;

(5) Hearing date, time, and place; and

(6) How additional information can be obtained.

(D) A copy of the notice shall be mailed to the owners of all adjacent properties and all properties within 285 feet of the subject property as shown in the property ownership records of the County Assessor. In addition, a copy of the notice shall be mailed to the applicant and to any person who requests to be informed of a pending hearing.

11.30.100

Action after hearing and receipt of additional information.

After a public hearing has been held and any requested additional information has been submitted, the Council shall:

(A) Approve the application and issue a permit, with or without conditions;

(B) Reject the application, filing its reasons for doing so in writing within five days after the decision is made.

In no case shall a decision be delayed more than one month after the public hearing, or after the receipt of additional information requested, whichever is later.

11.30.110

Plats and plans of subdivisions.

The initial review of subdivisions shall be based on a preliminary plan. The preliminary plan need not be prepared by a professional engineer or surveyor providing it is accurate in respect to the parcel’s boundaries and is drawn to scale. The final plat and attachments required by the performance standards of BTC chapter 11.35 may be submitted to the Zoning Administrator after the compliance permit has received initial approval. The final plat for six or more lots and attachments will then be considered by the Council at its first regular meeting following the expiration of 30 days from the filing of the final plat and attachments. Any variance from the conditions of the initial approval shall be grounds for rejection of the final plat. The compliance permit shall not be considered complete until the final plat is approved.

11.30.120

Plans for manufactured home courts.

The initial review of manufactured home courts shall be based on a preliminary plan. The preliminary plan need not be prepared by a professional engineer or surveyor providing it is accurate in respect to the parcel’s boundaries and is drawn to scale. The final plan and attachments required by the performance standards of this resolution may be submitted to the Zoning Administrator after the compliance permit has received initial approval. The final plan and attachments will be considered by the Council at its first regular meeting following the expiration of 30 days following the filing of such plan and attachments. Any variance from conditions of the initial approval shall be grounds for rejection of the final plan. The compliance permit shall not be considered complete until the final plan is approved.

Chapter 11.35

PERFORMANCE STANDARDS

Sections:

11.35.010 Industrial and commercial developments.

11.35.020 Subdivisions.

11.35.030 Manufactured home courts.

11.35.040 Multiple-family dwellings.

11.35.050 Single-family dwellings.

11.35.060 Dangerous buildings.

11.35.070 Water supply protection.

11.35.080 Energy conservation.

11.35.090 Fences, hedges and walls.

11.35.100 Home businesses.

11.35.110 Communication tower siting.

11.35.120 Mobile homes.

11.35.130 Manufactured homes.

11.35.010

Industrial and commercial developments.

All industrial developments shall conform to the following performance standards:

(A) No industrial or commercial development shall be allowed without a thorough analysis of its impact on the Town’s water supply and distribution system, sewage collection and treatment system, solid waste collection and disposal program, fire protection facilities, law enforcement program, and streets.

(B) No industrial or commercial development shall be allowed except when such development bears the full cost of any extension, expansion, or upgrading of Town facilities or services necessitated by its location in the Town. However, the Town may reimburse the developer for all or part of the costs of such Town facilities or services with funds from an economic development account established to offset such costs for worthwhile economic development projects.

(C) The Council may require that an industrial or commercial development provide adequate pre-treatment of its sewage effluent before such effluent enters the Town’s sewage system.

(D) Industrial or commercial developments having emissions of odor, fly ash or other particulate matters; or producing or emitting toxic or combustible products; and other industrial processes may be excluded from the Town if in the opinion of the Town Council the development would be detrimental to local air quality even though Wyoming Air Quality Standards are met.

(E) Industrial or commercial developments generating regular heavy truck traffic may necessitate the designation of truck routes. Where such routes are determined to be necessary the applicant may be required to provide funding for signing, traffic signals, and street surface improvements on the truck route.

(F) Industrial or commercial developments may be required to take safety measures such as fencing of loose material, stockpiles and trenches; shielding of glaring surfaces, arc lights or welding areas; and noise reducing or muffling measures. An industrial development may be rejected on the basis of unreasonable noise, glare or light, or safety hazards.

(G) The Council may require reasonable buffer areas around industrial or commercial developments, such areas to be landscaped and where necessary, fenced by the applicant. Depending upon the nature and function of the building or other improvement, the Council may require reasonable setbacks from public streets and alleys and may make other reasonable requirements determining the location of the building or improvement on the property. Industrial or commercial development buffer zones shall amount to 40 percent or more of the space covered by the structures, roadways, and materials handling areas. No more than 60 percent of a buffer zone should be devoted to parking. The strict application of this performance standard may be varied, however, where the existing arrangement of structures or other conditions would make strict application an extreme hardship on the applicant.

(H) Industrial and commercial developments shall provide off-street parking adequate for employees and customers. Such parking shall have adequate drainage and lighting, and safe access to public streets. The strict application of this performance standard may be varied, however, for smaller developments where on-street parking will present no traffic congestion or safety hazard.

(I) All industrial or commercial developments shall conform to the provisions of the Uniform Fire Code, which is hereby adopted as it applies to such developments.

(J) Advertising signs utilized by industrial or commercial developments shall not include moving, flashing, or blinking parts. Off-site signs or billboards are prohibited except for directional signs. No directional sign shall exceed 30 feet in height or 300 square feet in coverage nor shall it display any promotional material.

11.35.020

Subdivisions.

All subdivisions within or proposed as additions to the Town of Byron shall conform to the following performance standards. All subdivisions within one mile of the corporate limits of the Town shall be reviewed for general compliance with these performance standards.

(A) All subdivisions shall be evaluated for their impacts on the Town’s water supply and distribution system, sewage collection and treatment system, solid waste collection and disposal program, fire protection facilities, law enforcement program, and streets. Subdivisions shall also be evaluated for their internal circulation and access patterns, lot size, arrangement, and layout; and their relationship to natural conditions of soil type, drainage and hydrology, slopes, floodplains, and other natural resource considerations.

(B) The location, size, shape, and orientation of lots shall be determined with regard to the following factors:

(1) Access for streets or roads and utilities and services;

(2) Off-street parking;

(3) Relationship of structures to be erected;

(4) Provisions of open space and maximization of scenic values;

(5) Minimum disruption of natural topography;

(6) Local climatic conditions, especially snow and icing patterns;

(7) Minimization of storm water runoff and soil erosion;

(8) Minimum disruption of irrigation and drainage systems;

(9) Design elements intended to create identity and interest in the subdivision.

(C) No subdivision shall be permitted which is not connected to the Town water supply system. The applicant shall install a central water distribution system serving all domestic and fire fighting needs. Each lot shall be provided with a separate water tap which may be separately metered. The system shall be constructed of pipe of both the size and kind approved by the Town. The system shall be dedicated to the Town in the certificate of dedication required on the final subdivision plat. The applicant shall guarantee, by method agreeable to the Council, the system for one year from the date of acceptance. The system shall be fully compatible with the comprehensive plan for utilities and conform to all standards adopted by the Town and the State. Approval by DEQ shall be submitted with the final plat.

(D) No subdivision shall be permitted which is not connected to the Town sanitary sewage treatment system. The applicant shall install a central sewage collection system serving all proposed lots and constructed of pipe of a size and kind approved by the Town. The system shall be dedicated to the Town in the certificate of dedication required on the final subdivision plat. The applicant shall guarantee, by a method agreeable to the Council, the system for one year from the date of the acceptance. The system shall be fully compatible with the comprehensive plan for utilities and conform to all standards adopted by the Town and the State. Approval by DEQ shall be submitted with the final plat.

(E) The applicant may be required to install water supply facilities and sanitary sewage collection facilities of excess capacity where the comprehensive plan of the Town calls for an extension of the Town water supply system into areas beyond the subdivision.

(F) The cost of installing oversize water or sewer mains shall be shared by the applicant and the Town on a basis to be determined by the Council in each case.

(G) A subdivision may be rejected on the basis of insufficient water or sewage capacity being available to serve it.

(H) No Town utilities shall be located on private rights-of-way.

(I) All underground utilities shall be installed to the property lines of each lot prior to street surfacing. Water and sanitary sewer facilities shall be located in separate trenches which are at least 10 feet apart.

(J) The applicant shall provide written assurances from all private utilities that proposed rights-of-way for those utilities will be adequate.

(K) All lots shall be provided with usable access by dedicated public road or street. Principal access to a lot from an alley is prohibited.

(L) Roads or streets shall follow natural terrain to the extent feasible and cuts and fills shall be minimized.

(M) The layout, design, and construction of public roads, streets, and alleys shall be compatible with the master plan for the Town. Street names shall be compatible with those existing and are subject to approval by the Council.

(N) Street construction standards shall be as follows:

(1) Cul-de-sacs and dead-end streets shall have a turning circle at least 60 feet in diameter at their end and shall be no longer than 600 feet.

(2) Streets shall intersect at right angles, wherever possible.

(3) Jogs in streets shall be at least one hundred twenty-five feet apart and whenever possible, streets shall be aligned with existing streets.

(4) Culverts or bridges shall be provided by the applicant and shall extend across the entire surfaced width of the street.

(5) Surface materials shall be asphalt or concrete on a suitable base. The surfaced width shall be at least 20 feet. The Council may require a wider street surface where the traffic load will necessitate it.

(6) Adequate drainage of roads shall be provided for in the subdivision’s layout and design.

(7) A utilities right-of-way of seven feet in width shall be dedicated on both sides of each street or road.

(8) Alley rights-of-way shall be 20 feet in width where alleys are provided.

(O) All subdivisions shall be designed to minimize soil erosion and the consequent sedimentation of natural water courses. The construction of temporary or permanent storm drainage and/or other erosion control structures may be required. In general, all areas vulnerable to erosion or made vulnerable to erosion during the construction and use of a subdivision must be stabilized.

(P) Applicants shall be encouraged to utilize the principles of cluster design in subdivisions, to provide pedestrian movement systems separated from streets or roads, and to provide open space.

(Q) If the proposed subdivision includes six or more lots, the subdivider shall dedicate to the Town a park site equivalent in area to at least six percent of the total area being subdivided, provided such park land is located within 1,200 feet of all lots in the proposed subdivision and is approved by the Council as to location; or, at the option of the Town, the subdvider shall, in lieu of such dedication, pay to the Town a cash amount equal to at least six percent of the raw land value of the total land area in the proposed subdivision. The price of such land shall be established and agreed upon by the Town and the subdivider prior to accepting the final plat of such subdivision. If the Town and subdivider fail to agree on the value of said land, the value shall be established by an independent appraiser mutually acceptable to the subdivider and the Town. Such payment shall be used only for the acquisition or development of parks, playgrounds or other similar public purposes.

(R) The final plat of any subdivision shall reflect all recommendations of the Council. The final plat, if it contains six or more lots, shall conform to the drawing standards of the Big Horn County subdivision regulations (Subdivision Regulations for Big Horn County, Chapter XIV, Section 1, Quality of Final Plat). The Town Clerk shall be provided with one reproducible and two paper copies of as-built maps of all utility lines installed by the applicant.

(S) The final plat shall be accompanied by:

(1) Copies of all covenants attaching to the subdivisions;

(2) Evidence satisfactory to the Council that the applicant has adequate financial resources to develop and complete any facility proposed or represented to be the responsibility of the applicant, including, but not limited to, water systems, sewage systems, streets and roadways. The applicant shall either

(a) provide a performance bond, acceptable letter of credit or other sufficient financial commitment to assure that any facilities proposed or represented to be part of the subdivision shall in fact be completed as proposed; or

(b) construct all facilities proposed or represented to be part of the subdivision prior to the recordation of the final plat and sale of any lots.

(3) Approval of the subdivision sewage collection and water distribution system from DEQ;

(4) A contract, ready for signature, approved by the Town Attorney, specifying the exact nature of public improvements to be completed by the applicant. The contract shall stipulate and provide for continuing inspection by a designated inspector as work progresses. A guarantee of adequacy of improvements shall be contained in the contract and shall be binding for one year after the completion date assigning liability to the applicant for failure due to poor workmanship or materials. Where the Town and applicant share the costs of improvements, the exact methods and amounts of costs sharing shall be specified in the contract. Where the costs are shared, liability for failures shall be shared in the same proportion as costs. The contract may include provisions for phasing improvements subject to a plan approved by the Council.

(T) Prior to approval of a final plat of any subdivision, the Town Building Official shall make such inspections as are necessary to ensure that all provisions of the compliance permit and of the contract required by BTC 11.35.020, subsection (S), paragraph (4) have been fulfilled. Failure to fulfill any of these provisions shall be a violation of this section and subject the applicant to the penalties provided in this title. No lots shall be conveyed until the final plat has been accepted by motion of the Council as fulfilling all conditions of the compliance permit and contract.

11.35.030

Manufactured home courts.

All manufactured home courts shall conform to the following performance standards. Existing courts not in compliance with these performance standards shall have one year from the effective date of the ordinance codified in this section to attain compliance or be closed.

(A) All manufactured home courts shall be evaluated for their impacts on the Town’s water supply and distribution system, sewage collection and treatment system, solid waste collection and disposal program, fire protection facilities, law enforcement program, and streets. Manufactured home courts shall also be evaluated for their internal circulation and access patterns; unit size, arrangement and layout; and their relationship to natural conditions of soil type, drainage and hydrology, slopes, floodplains, and other natural resources considerations.

(B) Each unit or lot designed for the location of a manufactured home shall contain 4,500 or more square feet and shall be not less than 40 feet in width throughout. The strict application of this performance standard, however, may be varied by the Council where circumstances permit the safe and effective use of smaller lots.

(C) No manufactured home court shall be allowed except when the applicant bears the full cost of any extension or expansion of Town facilities or services necessitated by the court’s location in the Town.

(D) No manufactured home court shall be permitted which is not connected to the Town water supply system.

(1) The applicant shall install a central water distribution system providing a separate service which can be separately metered to each unit or lot.

(2) If the applicant desires not to install separate meters at the time of construction, the owner of the manufactured home court may execute and file with the Town a written agreement to pay all water charges for water delivered to the manufactured home court, including a minimum charge for each occupied unit, and water may then be delivered through a central meter to serve all units within the court, and all charges shall be billed to and paid by the owner.

(3) The water distribution system shall be of adequate size to provide for domestic and fire fighting needs. The size and type of pipe shall be approved by the Town.

(4) The system shall conform to all standards adopted by the Town and the State. Approval by DEQ shall be submitted with the final plat.

(E) No manufactured home court shall be permitted which is not connected to the Town sanitary sewage treatment system. The applicant shall install a sewage collection system with pipe of a size and kind approved by the Town. Each lot or unit shall be connected to the sewage collection system. The sewage collection system shall conform to all standards adopted by the Town and the State. The approval of DEQ shall be submitted with the final plat.

(F) Water and sewer shall be installed to each unit in separate trenches which are at least 10 feet apart.

(G) A manufactured home court may be rejected on the basis of insufficient water or sewage system capacity being available to serve it.

(H) No manufactured home shall be occupied for more than seven days unless connected to the Town water supply system and the Town sewage treatment system.

(I) No manufactured home shall be connected to the Town water supply system or Town sewage treatment system until it has been located upon the lot in accordance with the provisions of this chapter. Any existing manufactured home not now in compliance with the location provisions of this chapter, which is not relocated to comply with the provisions of this chapter within three months from the effective date of this chapter, shall be disconnected from the Town water supply and sewage treatment systems.

(J) All manufactured homes, additions thereto, storage sheds and other appurtenant structures shall be located at least 20 feet from any public street or highway and at least 10 feet from other court lot or unit lines. There shall be a minimum distance of 15 feet between any manufactured home and the abutting court roadway. Where spaces are located side by side, there shall not be less than 20 feet between manufactured homes. Where spaces are located end to end, the Council may grant an exception to the foregoing setback regulations; provided, however, there shall not be less than 15 feet between any manufactured home and any service building.

(K) All roads within the court shall be a minimum of 20 feet in width. All roads shall be surfaced with asphalt or concrete on a suitable base. Adequate drainage of roads shall be provided for in the manufactured home court’s layout and design.

(L) A walkway shall be provided for each manufactured home unit.

(M) Adequate lighting of all internal roadways and public spaces shall be provided.

(N) Manufactured home courts shall provide adequate, all-weather off-street parking at a rate of two spaces per unit.

(O) All manufactured home courts shall meet the minimum standards for fire protection in manufactured home courts as set forth by the State Department of Fire Protection and Electrical Safety.

(P) Manufactured home courts shall be graded and adequately drained.

(Q) An adequately maintained solid waste container shall be provided for each unit or for groups of units where the container is accessible by all-weather walkways and adequately sized for the potential loading. All containers shall conform to the solid waste disposal standards.

(R) The owner of any manufactured home set within the Town limits of the Town of Byron shall, within 30 days after a manufactured home unit is set, install skirting around the manufactured home, and such skirting shall not provide a harborage for rodents, or create a fire hazard, and improvements shall be installed to provide adequate air for combustion of any gas unit as specified in the adopted Uniform Building Code for the Town of Byron.

(S) Applicants shall be encouraged to utilize the principles of cluster design in manufactured home courts, to provide pedestrian movement systems separated from public streets and internal roadways and to provide open space. Any manufactured home court containing more than three units shall provide a minimum of 100 square feet of adequately landscaped and maintained recreational open space per unit.

(T) The final plan of any manufactured home court shall reflect all recommendations of the Council. It shall conform to the drawing standards provided for subdivisions in this title. The Town Clerk shall be provided with one reproducible and two paper copies of the final plan. Additionally, the Town Clerk shall be provided with reproducible copies of as-built maps of all utility lines installed by the applicant.

(U) The final plan shall be accompanied by approval of the manufactured home court sewage collection and water distribution system from DEQ.

(V) Each manufactured home space shall provide adequate area for a storage building.

(W) Prior to approval of a final plan of any manufactured home court, the Town Building Official shall make such inspections as are necessary to ensure compliance with these performance standards. Failure to comply shall be a violation of this title and subject the applicant to the penalties provided in this title. No unit shall be occupied until the final plan has been accepted by motion of the Council as fulfilling all conditions of the compliance permit.

(X) The Zoning Administrator shall conduct inspections of each manufactured home court to ensure continuing compliance with this title; such inspections being preceded by at least 24 hours’ written notice. Inspections may also be conducted at the written request of an occupant or neighbor of a court or by order of the Council. When violations are discovered, the applicant shall be notified in writing within 24 hours and shall appear at the next Council meeting to show cause why the court’s compliance permit should not be revoked. The Council may reaffirm, with modifications, or rescind the findings of the Zoning Administrator and may dictate a schedule for correction of violations. Where extreme threats to the public health or safety are found to exist, the Council may order immediate closure of the court.

(Y) The owner of the manufactured home court shall be the party responsible for compliance with this title.

11.35.040

Multiple-family dwellings.

All multiple-family dwellings hereafter constructed shall conform to the following performance standards. Existing multiple-family dwellings shall be subject to subsections (E), (H), and (I) of this section.

(A) All multiple-family dwellings shall be evaluated for their impacts on the Town’s water supply and distribution system, sewage collection and treatment system, solid waste collection and disposal program, fire protection facilities, law enforcement program, and streets.

(B) No multiple-family dwelling shall be allowed except when the applicant bears the full cost of any extension or expansion of Town facilities or services necessitated by its location in the Town. However, the Town may reimburse the developer for all or part of the costs of such Town facilities or services with funds from an economic development account established to offset such costs for worthwhile economic development projects.

(C) A multiple-family dwelling may be rejected on the basis of insufficient water or sewage system capacity being available to serve it.

(D) All multiple-family dwellings shall provide adequate parking. If it shall be necessary in order to provide adequate parking for the builder to provide off-street parking, such off-street parking shall have safe access to public streets. A minimum of two off-street parking spaces shall be required for each dwelling unit.

(E) All multiple-family dwellings shall provide adequate solid waste collection containers, accessible by all-weather walkways from the dwelling units, and conforming to all standards for such containers set by the Town.

(F) No multiple-family dwelling structures shall be constructed within 10 feet of any public alley or within 20 feet of any public street. The strict application of this performance standard, however, may be varied providing that the standard relating to overall open space on the parcel is met.

(G) A minimum of 1,500 square feet of lot area per dwelling unit shall consist of landscaped open space that is not occupied by buildings, structures, parking areas, access roads or other similar developed features. The strict application of this performance standard, however, may be varied where the existing arrangement of structures or other conditions would make strict application an extreme hardship on the applicant.

(H) Open space surrounding multiple-family dwellings shall be landscaped and maintained by the applicant. Landscaping shall consist of planting materials, including but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch and similar materials.

(I) All multiple-family dwellings shall conform to the Uniform Building Code, recommended and published by the International Conference of Building Officials (ICBO), being particularly the 1994 Edition, and the whole thereof, including the appendix thereto, and also the supplements thereto, including the Uniform Mechanical Code, Uniform Sign Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Fire Code, all 1994 Editions and the Model Energy Code, except such portions thereof as are hereinafter deleted, modified or amended, and such codes are hereby adopted and incorporated herein as fully as if set out verbatim herein.

11.35.050

Single-family dwellings.

All site-built and modular-construction single-family dwellings and appurtenant accessory buildings hereafter constructed shall conform to the following performance standards. Existing dwellings are subject to subsections (A), (B) and (C) of this section.

(A) Each dwelling shall have a separate service connection to Town water and sewer mains. Existing joint connections shall be eliminated within two years of the effective date of the ordinance codified in this chapter.

(B) All residences and accessory buildings shall conform to the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition.

(C) Each residential lot shall be limited to one primary dwelling unit and one accessory housing unit. The accessory housing unit may be part of the same building as the primary dwelling unit or a detached unit on the same lot. The accessory housing unit may be accessed by an alley. The living area of the accessory housing unit shall not exceed 1,000 square feet or 50 percent of the living area of the primary dwelling, which ever is greater. There shall be provided additional off-street parking area adequate to accommodate all needs of the accessory housing unit.

(D) All single-family dwellings are subject to the following additional requirements:

(1) Structures will have a minimum width of 24 feet wide and minimum length of 32 feet; and

(2) Structures will be attached to a permanent foundation that conforms to the current International Building Code; and

(3) Siding will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap viny1. One or a combination of these materials will be used to cover the exterior of the housing unit.

11.35.060

Dangerous buildings.

(A) The Uniform Code for the Abatement of Dangerous Buildings, recommended and published by the International Conference of Building Officials (ICBO), being particularly the 1994 Edition and the whole thereof, including the appendix thereto, is hereby adopted and incorporated herein, as fully as if set out verbatim herein.

(B) Whenever an owner-occupied housing unit is to be converted to a rental unit, the owner of the housing unit shall first obtain an inspection by the Town Building Official. The Town Building Official shall inspect the building to determine if it constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. If the Building Official finds that the housing unit is a dangerous building, he shall advise the owner in writing of the conditions that make the housing unit dangerous and the owner shall not allow renters to occupy the housing unit until the dangerous conditions have been remedied. Failure of the housing unit owner to comply with this requirement shall constitute a violation of this title.

11.35.070

Water supply protection.

Those lands described in the Town’s master plan as necessary for the quality and quantity of the Town’s water supply shall be maintained in their existing use. No pipeline conveying petroleum products or other pollutants shall cross these lands.

11.35.080

Energy conservation.

All structures and land uses shall be subject to the following performance standards which promote the conservation of energy: No structure shall interfere or block in any way the access of any other structure to light needed for solar heating or power generation.

11.35.090

Fences, hedges and walls.

Fences, hedges and walls may be permitted with the following limitations:

(A) No fence, hedge, or wall on a corner lot shall exceed two and one-half feet in height when located within 30 feet of the corner formed by the front lot line and the side lot line, and no fence, hedge, or wall shall exceed two and one-half feet in height when located within five feet of the corner formed by an alley line and a street line; provided, that chain link or other metal see-through fencing may be constructed within such areas; provided, that such fencing will not so obstruct visibility across the corner as to create a traffic hazard; further provided, that the determination by the Building Inspector as to whether such fencing will so obstruct visibility as to create a traffic hazard shall be conclusive; and further provided that no plant, object or thing of any type whatsoever over two and one-half feet in height shall be placed, planted or permitted to grow along such fencing or within such areas.

(B) No barbed wire or other sharp or pointed metal fence and no electronically charged fence shall be permitted in the Town without permission of the governing body. Each application for such a building permit shall contain a plot plan drawn to scale showing the property lines and the location of the fence on the property and shall further specify the type and height of fence proposed to be constructed. Fence construction is subject to all permit and inspection requirements of the Uniform Building Code as adopted by the Town.

(C) Fences may not be constructed within the right-of-way of any dedicated street or alley unless permission is first obtained from the governing body. Fences constructed within the right-of-way of a dedicated street or alley or within the area of a dedicated utility easement, including any fence, hedge, or wall now in existence, are subject to being relocated or removed by the Town and other franchised utilities at the expense of the property owner, and the right of the Town and other franchised utilities to locate, relocate, maintain and improve or replace and expand the utility lines and equipment, and the right to ingress and egress for such purposes shall be deemed to supersede and have precedence over any consent that may be granted within the right-of-way of a dedicated street or alley or within the right-of-way of a dedicated utility easement. Any fence, hedge, wall or other improvement erected within such areas, even with the consent of the Town, shall be at the sole risk of the owner and such improvements may be removed, damaged, or destroyed by the Town or other franchised utility.

Any person or persons having or maintaining any fence, hedge, or wall in violation of BTC 11.35.090 may be required by the Town Council of the Town of Byron to remove the same and the person or persons in violation of said section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $100 nor more than $750, plus costs incurred by the Town for removing or relocating the fence, wall, or hedge.

11.35.100

Home businesses.

(A) Home businesses are allowed in all districts pursuant to the following terms:

(1) The commercial or industrial activity shall be conducted entirely within a dwelling and carried on by the inhabitants living there and not more than one other employee; and

(2) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof; and

(3) There shall be no exterior advertising other than identification of the home business; and

(4) There shall be only incidental sale of stock, supplies or products conducted on the premises; and

(5) There shall be no exterior storage on the premises of material or equipment used as a part of the home business; and

(6) There shall be no offensive noise, vibration, dust, smoke, odors, heat or glare noticeable at or beyond the property line; and

(7) There shall be provided additional off-street parking area adequate to accommodate all needs created by the home business.

(B) Major home businesses are allowed in all districts pursuant to the following terms:

(1) Establishment of a major home business shall require a compliance permit issued by the Town Council; and

(2) A major home business shall be carried on by the inhabitants living in the dwelling located on the same lot as the business; and

(3) The number of non-resident employees, the size and type of signage, and the extent of on-premise sales activity is not specifically limited but may be limited by conditions imposed by the Council; and

(4) There shall be no offensive noise, vibration, dust, smoke, odors, heat or glare noticeable at or beyond the property line; and

(5) There shall be no exterior storage on the premises of material or equipment used as a part of the home business; and

(6) ) There shall provided additional off-street parking area adequate to accommodate all needs created by the home business; and

(7) The initial term of the compliance permit shall be one year after which the permit shall expire unless the applicant applies for renewal of the permit. The Council may set the term of the renewed permit for period longer than one year.

11.35.110

Communication tower siting.

A compliance permit is required for all communication towers prior to their installation. The siting shall also comply with the following.

(A) Selected sites will be at locations that are in the best interest of the health, safety, and welfare of Town residents and shall not have a detrimental effect on the character of the surrounding area.

(B) Co-location of communication facilities on existing structures or towers are encouraged.

(C) Documentation shall be submitted that justifies the total height of any communication tower, facility, and/or antenna. This documentation will be reviewed to determine whether the height is justified in order to provide service primarily within the county.

(D) Towers and facilities shall not be artificially lighted or marked, except as required by State and Federal regulations. If lighting is required, the applicant must submit a detailed plan that explains how the lighting requirement will be met, while keeping it as unobtrusive and inoffensive as possible.

(E) Towers shall be galvanized or painted with a rust-preventive paint of a color that harmonizes with the surroundings and shall be maintained in accordance with Federal Aviation Administration (FAA) regulations.

(F) Towers and associated structures and facilities shall be set back from adjoining properties, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the proposed tower or facility structure plus ten percent of the height of the tower or structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Accessory structures shall comply with the applicable minimum setback requirements for the property on which it is located.

(G) A copy of the FAA permit shall be attached to the zoning certificate application.

11.35.120

Mobile homes.

Mobile homes, as defined in BTC subsection 11.20.020 (AB) are not allowed within the Town of Byron and shall not be installed, placed, set, or stored anywhere within the Town Limits after the effective date of this title. Legally existing mobile homes, including those in legally existing mobile or manufacture home courts, are allowed to remain as nonconforming uses under terms of BTC chapter 11.45 and subject to the following additional requirements:

(A) No mobile home shall be occupied for more than seven days unless connected to the Town water supply system and the Town sewage treatment system.

(B) The owner of any mobile home shall install skirting around the mobile home, and such skirting shall not provide a harborage for rodents, or create a fire hazard, and improvements shall be installed to provide adequate air for combustion of any gas unit as specified in the adopted Uniform Building Code for the Town of Byron.

(C) Mobile homes may only be used for residential purposes and may not be used as storage buildings or for any commercial activity or purpose.

(D) No mobile home shall be permitted within the Town limits of the Town of Byron for the purpose of leasing to third persons who are not the owners thereof, unless such mobile homes are situated in areas specifically designed and approved as mobile home courts.

(E) Mobile homes that remain vacant for more than one year may not be reoccupied and must be removed at the owner’s expense unless the mobile home meets one or more of the following two conditions:

(1) The mobile home is situated on a permanent foundation.

(2) The mobile home is incorporated into a permanent structure.

(F) An existing mobile home that becomes uninhabitable for any reason, that is destroyed, or that is removed from its present location may not be replaced with another mobile home.

11.35.130

Manufactured homes.

(A) Manufactured homes, as defined in BTC subsection 11.20.020 (Y) are allowed within the Town of Byron in the RG, IL, TR and FP zoning districts subject to the following requirements:

(1) Structures will be attached to a permanent foundation in accordance with the U.S. Department of Housing and Urban Development Handbook, Permanent Foundations Guide for Manufactured Housing, September 1996.

(2) Structures will have a minimum width of 24 feet and minimum length of 32 feet.

(3) Siding material will consist of wood or wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials shall be used to cover the exterior of the housing unit.

(4) The lower perimeter of the dwelling unit shall be fully enclosed from the lower edge of the dwelling unit to the ground. The material used to enclose the lower perimeter of the dwelling shall be either masonry or the siding material specified in paragraph (3) of this subsection. Any material used to enclose the lower perimeter of the dwelling unit shall be able to withstand the effects of wind, soil, decay, and prevent the entry of rodents.

(5) An access will be provided along the lower perimeter. The size of the access will be at least 24 by 36 inches.

(6) No attachments, additions, alterations or modifications to the exterior walls of a manufactured home are allowed except those approved by the manufacturer for the specific unit. All other additions, porches, decks, garage or other add-on attachments must be freestanding and self-supporting with no structural reliance on the manufactured unit itself.

(7) All towing devices, wheels, axles, and undercarriage support used solely for initial transportation of the home will be removed from the unit within 30 days of delivery to the site.

(8) Structures will contain under-floor areas that are ventilated by an approved mechanical means or by openings into the under-floor area walls.

(B) Legally existing manufactured homes located in the RL, CL, and CG districts are allowed to remain as nonconforming uses under terms of BTC chapter 11.45.

(C) Manufactured homes to be installed in legally existing manufactured home courts are not required to meet the requirements of paragraphs (1), (2), (6), and (7) of subsection (A) of this section.

Chapter 11.40

ZONING DISTRICTS

Sections:

11.40.010 Zoning districts established.

11.40.020 Zoning map.

11.40.030 District boundaries.

11.40.040 Schedule of uses.

11.40.050 Dimensional requirements.

11.40.060 Floodplain district regulations.

11.40.010

Zoning districts established.

In order to carry out the provisions of this title, the Town is divided into the following zoning districts:

RL - Residential limited district.

RG - Residential general district.

CL - Commercial limited district.

CG - Commercial general district.

IL – Industrial district.

TR- Transitional district.

FP – Floodplain district.

11.40.020

Zoning map.

The official Town Zoning Map shall be filed and available to the public at the Byron Town Hall. The Zoning Administrator shall be responsible for revising the map whenever the Council amends the district boundaries.

11.40.030

District boundaries.

The zoning district boundaries are shown on the Zoning Map. Unless otherwise defined on the zoning district map, district boundary lines are lot lines; the centerline of streets, alleys, or such lines extended; public land survey lines; municipal corporate lines; or other lines drawn to scale on the zoning district map. Where a lot is divided at the time of enactment of this title, or by subsequent amendments, by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than twenty-five feet into the more restrictive zoning district adjacent to the zoning district boundary line.

11.40.040

Schedule of uses.

The following Table presents the land uses which are authorized within each zoning district (so denoted with “X”). The land uses must also conform to all applicable performance standards. Uses not specifically listed are prohibited in that zoning district, unless the Planning Commission determines that the use is similar in nature to other uses within the same district. The following uses are not allowed in any zoning district in the Town of Byron: rock product mines, sexually oriented businesses and slaughterhouses.

Table 1. Schedule of Uses
Use Classifications	Zoning Districts
Use Classifications	RL	RG	CL	CG	IL	TR	FP
Single family dwellings including those of modular construction	X	X	X		X	X	X
Two family dwellings including those of modular home construction