Ordinance

ORDINANCE 2, 2024

AN ORDINANCE AMENDING CHAPTER 30 -ZONING REGULATIONS, SECTION 74, TO THE CODE OF THE TOWN OF PINE HAVEN, WYOMING AMENDING PERMITTED USES AND NON-PERMITTED USES WITHIN BUSINESS AND COMMERCIAL DISTRICTS AND PROVIDING FOR AN EFFECTIVE DATE.

SECTION 1. AMENDMENT TO SECTION 74. Chapter 30, Section 74 (Business and commercial district (BC-1)), Subsection (b) (Permitted Uses) is hereby amended as follows:

Sec. 30-74. Business and commercial district (BC-1).

(b) Permitted Uses. The following uses are permitted in business and commercial districts (BC-1):

(1) Offices.

(2) Retailing.

(3) Restaurants and bars.

(4) Vehicle sales and service.

(5) Gasoline filling stations.

(6) Hotels, motels and lodging facilities.

(7) Recreational vehicle parks.

(8) Lumberyards.

(9) Green housing.

(10) Accessory uses and structures that are clearly incidental to, and customarily found in connection with, principal use.

SECTION 2. AMENDMENT TO SECTION 74. Chapter 30, Section 74 (Business and commercial district (BC-1)), Subsection (c) (Non-Permitted Uses) is hereby amended as follows:

(c) Non-permitted uses. The following uses shall not be permitted in business and commercial district (BC-1):

(1) Agricultural use, other than retail and machinery storage.

(2) Residential structures other than those specifically approved by the board of adjustments.

(3) Outdoor storage of highly flammable, explosive or toxic substances aboveground and in bulk, except for liquid propane gas used at the business.

(4) Sexually oriented businesses, classified as follows:

a. Adult arcade;

b. Adult bookstore, adult novelty store or adult video store;

c. Adult cabaret;

d. Adult motel;

e. Adult motion picture theater;

f. Adult theater;

g. Massage parlor;

h. Sexual encounter establishment;

i. Escort agency; or

j. Nude model studio.

(5) Commercial/Rental Storage Units.

SECTION 3. SEVERABILITY CLAUSE. Should the courts of this state or of the United States declare any section, provision, paragraph, clause, sentence, phrase or part thereof of this Ordinance invalid or unconstitutional or in conflict with any other section, provision, paragraph, clause, sentence, phrase, or part thereof of this Ordinance, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase or part thereof declared to be unconstitutional or unauthorized and shall not effect any other part whatsoever of this Ordinance.

SECTION 4. REPEALING CLAUSE. Any and all preceding Ordinances or parts of Ordinances in conflict herewith are hereby repealed. All remaining provisions within the Code of the Town of Pine Haven which are not specifically amended hereby shall remain in full force and effect.

SECTION 5. LEGAL STATUS. Whenever there is a discrepancy between the requirements of these regulations and any other Town regulations, the most restrictive shall apply.

SECTION 6: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after passage on three readings or an emergency reading and publication according to law.

Passed, approved and adopted on this 22 day of May, 2024.

TOWN OF PINE HAVEN:

By: /s/ Karla Brandenburg

Mayor

ATTEST: /s/ Tammie McGovern

Town Clerk/Treasurer

1st Reading: March 12, 2024

2nd Reading: April 9, 2024

3rd and Final Reading: May 14, 2024

Publish: May 30, 2024