City of Evanston, WY
Uinta County
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This chapter is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City by encouraging the proper arrangement of streets in relation to existing or planned streets and to the comprehensive plan; providing for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, civil defense, recreation, sites for schools and education facilities and related structures, light and air; avoiding congested population; and regulating such other matters as the City council may deem necessary in order to protect the best interests of the public.
[Amended by Ord. No. 81-69; Ord. No. 83-78; Ord. No. 96-2; Ord. No. 96-3; Ord. No. 00-5]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ARTERIAL STREET (THOROUGHFARE, MAJOR STREET, HIGHWAY)
A public right-of-way with the highest degree of traffic continuity and serving as a major trafficway for fast or heavy traffic between the various districts of the City, as shown in the official plan.
BUILDING SETBACK LINE
A line within a lot or other parcel of land so designated on the preliminary plat, between which line and the adjacent street the erection of an enclosed structure is prohibited.
COLLECTOR STREET
A street of considerable continuity which carries traffic from minor streets to an arterial street, including the principal entrance within a development.
CUL-DE-SAC
A minor street having one open end and being permanently terminated at the other by a vehicular turnaround.
EASEMENT
A grant by a property owner of the specific use of land by owners.
ENGINEERING PLAN
A set of plans and specifications prepared by a registered engineer, showing in detail all data required in Article IV of this chapter.
FINAL PLAT
A surveyor's plat of a proposed subdivision as described in Article IV of this chapter.
LAND IMPROVEMENTS
Sewer and water systems, including all appurtenances thereof, curb, paving, street lights, sidewalks, street signs, seeding and tree plantings required under this chapter.
LOT
A portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT LINE ADJUSTMENT
An adjustment between two or more adjacent lots where the land taken from one lot is added to an adjacent lot and where a greater number of lots than originally existed is not thereby created.
LOT SPLIT
A division of a platted lot, parcel or tract into no more than two lots which meet the minimum standards of the zoning ordinance.
MARGINAL STREET
A minor street which is parallel to and adjacent to or in the immediate vicinity of an arterial street which has for its purpose the relief of such thoroughfares from the local service of abutting properties.
MINOR STREET
A street of limited continuity used primarily for access to abutting properties and the local need of the neighborhood.
MINOR SUBDIVISION
Any subdivision or resubdivision with all lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and not in conflict with any provisions of the Master Plan or zoning ordinance.
OFFICIAL PLAN
The composite of the functional and geographical elements of the official plan or any segment thereof, in the form of plans, maps, charts and textual material, as adopted by the City.
OWNER
Any person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PEDESTRIAN WAY (CROSSWALK)
A right-of-way across a block or providing access within a block to be used primarily by pedestrians.
PRELIMINARY PLAT
A tentative map or plan of a proposed subdivision as described in Article III of this chapter.
PROTECTIVE COVENANTS
Contracts entered into between private parties, which constitute a restriction on the use of all private property within a subdivision for the benefit of property owners and which are designed to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
SELL OR SALE
Sale, contract to sell, lease, assignment, auction, award by lottery or any offer or solicitation of any offer to do any of the foregoing concerning a subdivision or any part of a subdivision.
STREET (AVENUE, HIGHWAY, ROAD, BOULEVARD, LANE, COURT, DRIVE, PARKWAY, PLACE, TERRACE)
A right-of-way which affords means of access by pedestrians and vehicles to abutting properties.
SUBDIVIDER
Any person commencing proceedings under this chapter for himself or for another.
SUBDIVISION
The creation of a lot, tract, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses.
SUBDIVISION REVIEW COMMITTEE
A committee established to review preliminary subdivision plats.
SUBURBAN SUBDIVISIONS (R-S ZONES)
Any subdivision of land in which the minimum lot size is to be one-half or more acres in size.
[Added by Ord. No. 00-5]
Unless the division of ownership is adopted for the purpose of evading the provisions of this chapter, this chapter shall not apply to:
A. 
The sale of cemetery lots;
B. 
The sale of land to the state of Wyoming or any political subdivision thereof;
C. 
The creation of a lot, tract, parcel or other unit of land as a result of a condemnation action;
D. 
The sale of land where the parcels involved in the sale are thirty-five acres or larger, providing the seller provides rights of ingress and egress to each parcel and utility easements meeting the following requirements:
(1) 
Ingress and egress shall be provided by binding easements necessary for a road of not less than sixty feet in width to a public road, and
(2) 
Binding easements of not less than thirty feet in width shall be provided over adjoining property as necessary for sewers, drainage, water lines, power lines or other utilities to each parcel.
This chapter was promulgated under Wyoming Statutes, 1977, sections 15-1-501 through 15-1-512.
[Amended by Ord. No. 84-48]
All plans of streets or highways for public use and all plans, plats, plots and replots of land laid out in subdivisions or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the planning and zoning commission and the City council for approval, disapproval, approval with stipulations, etc., prior to the selling of any such lots for the purpose of building. Nothing contained in this chapter shall be construed to grant any applicant a right to subdivide, and approval or disapproval of a plat shall be within the sole discretion of the planning and zoning commission or City council.
[Added by Ord. No. 83-78]
A. 
There is hereby established a subdivision review committee which shall consist of the following City officers or their duly authorized representatives:
(1) 
City planner;
(2) 
Public works director;
(3) 
Fire chief;
(4) 
Parks and recreation director;
(5) 
Chief of police;
(6) 
Planning and zoning chairperson;
(7) 
Mayor and City council of the City of Evanston.
B. 
It shall be the duty of the subdivision review committee to examine all preliminary plats of subdivisions for their compliance with applicable ordinances and laws of the City and the state and report its findings to the planning and zoning commission and City council.
Where any provisions of this chapter impose more stringent regulations, requirements or limitations than imposed or required by any other ordinance or state law, the provisions of this chapter shall govern.
The territorial jurisdiction of this chapter shall include all of the incorporated land located within the City, and, pursuant to Wyoming Statutes, 1977, section 15-3-202, such other territory peripheral to the City which is located within one-half mile of the corporate limits.
[Added by Ord. No. 96-2]
A. 
Lot line adjustments may be approved by the City planner and engineer in accordance with the requirements of this section.
B. 
To obtain approval, a completed application, signed by all affected owners and mortgagees, shall be submitted to the planning department. The application shall include report from a Title company identifying owners and mortgagees and a detailed map drawn to scale by a licensed land surveyor which includes the following information:
(1) 
Property lines both existing and proposed;
(2) 
Existing building location(s) and set backs;
(3) 
Easements and adjoining streets;
(4) 
Labeled dimensions.
C. 
Upon receiving a complete application, the City shall review and approve the application if it is in compliance with the zoning and building ordinance. Conditions may be imposed to bring the lot line adjustment into compliance with the building and zoning ordinance.
D. 
Following approval by the planning department, the lot line adjustment shall be accomplished by the applicant(s) recording a deed or deeds with the Uinta County Clerk's office, containing legal descriptions prepared by a licensed land surveyor and a copy of the map. The applicant(s) shall place on file with the planning department a copy of the recorded deed or deeds within forty-five days of approval.
E. 
If the applicant is unable to obtain approval of the lot line adjustment from the City engineer and planner, the applicant may bring the matter before the governing body for its consideration. The governing body shall have the authority to affirm, reverse or modify the decision of the City engineer and planner.