Town of Mills Petition for Zone Change or Page 1
Rev: 05/2016 Application for Special Review Permit
TOWN OF MILLS
PETITION FOR ZONE CHANGE
or
APPLICATION FOR SPECIAL REVIEW PERMIT
Pursuant to the Mills Town Code
Town of Mills, Wyoming Date:
704 4
th
Street (Physical address)
P.O. Box 789 (Mailing address) Return by:
Mills, Wyoming 82644 (Submittal Deadline)
For Meeting on:
ZONE CHANGE
SPECIAL REVIEW
PLEASE PRINT
PRIMARY CONTACT:
APPLICANT/PROPERTY OWNER(S) INFORMATION: AGENT INFORMATION:
Print Owner Name: Print Agent Name:
Owner Mailing Address: Agent Mailing Address:
City, State, Zip: City, State, Zip:
Owner Phone: Agent Phone:
Applicant Email: Agent Email:
PROPERTY INFORMATION:
Subject property legal description (attach separate page if long legal):
Physical address of subject property if available:
Size of lot(s) sq. ft/acres.
Current zoning: Current use:
Intended use of the property:
Zoning within 300 feet: Land use within 300 feet:
ATTACHMENTS (REQUIRED):
Proof of ownership: (such as deed, title certification, attorney’s title opinion)
SIGNATURE(S):
The following owner’s signature signifies that all information on this petition/application is accurate and correct to the best of
the owner’s knowledge; and that the owner has thoroughly read and understands all petition/application information and requirements.
[In addition to the owner’s signature(s), if an agent of the owner is also to be notified and/or contacted for all communications relating
to this application, please have the agent sign below.]
I (We) the undersigned owner(s) of the property described above do hereby petition/make application to the Town of Mills for:
OWNER Signature OWNER Signature
AGENT Signature
FEE: $250.00 (non-refundable)
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Town of Mills Petition for Zone Change or Page 4
Rev: 05/2016 Application for Special Review Permit
TOWN OF MILLS
PETITION FOR ZONE CHANGE
SECTION 18.16.040
GENERAL
The Town Council may, from time to time on its own motion, by petition of any person
or persons of interest, or on initial recommendation from the Zoning Board, amend, supplement,
or repeal the regulations and provisions of this Ordinance; provided that where property is sought
to be rezoned on proposal other than the town Council or Zoning Board, the person proposing
the rezoning of property shall have a property interest in the total area of the property.
ZONE CHANGES PETITION
A. The owner(s) of interest of property to be rezoned shall submit a petition
requesting amendment of the zoning district map to the Town Clerk. The Clerk
shall verify that the petition contains the following information:
1. Legal description of the property to be rezoned.
2. Existing and proposed zoning districts applicable to the property.
3. Signatures of the owner(s) of the property to be rezoned.
4. Names, addresses and signatures of a minimum of 50 percent of the owners
of record (as shown by County records) of real property within 300 feet of
the property to be rezoned.
a. The signing of the zone change petition indicates the owner favors the
zone change.
b. No signature may be withdrawn from a petition.
B. The Town Planner, after verifying completeness of the petition shall forward the
petition to the Zoning Board for review.
HEARING
Upon receipt of a zone change petition from the Town Clerk, the Zoning Board shall, at
its next regular meeting, establish a date of public hearing to hear evidence and information on
the proposal.
NOTICE OF HEARING
A. The Zoning Board shall publish notice of the date, time, and place of hearing and
summary of the proposed amendment in a newspaper of general circulation within
the Town. Such notice shall be published at least 15 days prior to the date of such
hearing.
B. A notice reciting rezoning applied for and directing further inquiry to the Town
Clerk, shall be posted at least fifteen days prior to the hearing on the property
Town of Mills Petition for Zone Change or Page 5
Rev: 05/2016 Application for Special Review Permit
proposed for rezoning along the part thereof fronting a public street.
C. A written notice of the public hearing shall be sent by first class mail at least
fifteen days prior to the date of the hearing to owners of property within the area
proposed for rezoning and to either an owner or to an occupant of each separately
owned property adjacent within 300 feet of the area proposed for rezoning.
D. Such notice by posting and by mailing is for convenience of the public only, and
any omission thereof or defect therein shall in no way impair the validity of the
proceedings for the proposed amendment.
E. Exception — General Revision — When said zoning district map is in any way to
be changed or amended incidental to or as a general revision of the Zoning
Ordinance, whether such revision be made by repeal of the existing Zoning
Ordinance and enactment of a new Zoning Ordinance, or otherwise, said notice in
this section by posting and mailing shall not be required.
ZONING BOARD REVIEW
The Zoning Board, after the public hearing thereon, shall make an advisory report to the
Town Council, recommending action on the proposal. Any proposed amendment or change
initiated by the Council shall be referred to the Zoning Board for review. Any amendment
proposed by the Zoning Board shall be made to the Council as a recommendation accompanied
by an advisory report.
NATURE OF REVIEW
The Zoning Board reviews each proposed amendment for conformity with the Land Use
Plan and the effect of the amendment on the stated intent of this Ordinance and established
district.
PROCEDURE BEFORE TOWN COUNCIL
After receiving the advisory report from the Zoning Board, the Town Council shall hold
a public hearing before acting on the proposed amendment. Notice of the time, date, and place of
the hearing shall be published by the Town Clerk, at least fifteen days prior to the hearing, in a
newspaper of general circulation within the Town.
ACTION BY COUNCIL
The Town Council shall, after conducting a public hearing on the zone change petition,
approve or deny the zone change.
The zoning district map shall be amended to reflect the decision of the Council. If there is
a protest against the change of an amendment of a zoning district boundary signed by twenty
percent or more of the area of lots within a distance of 300 feet of the subject property, the
amendment shall become effective only upon an affirmative vote of three-fourths of the
members of the Town Council.
Town of Mills Petition for Zone Change or Page 6
Rev: 05/2016 Application for Special Review Permit
COSTS
For individual applications for rezoning, the Town Council may establish a fee to be
charged for advertising and processing.
ANNEXED TERRITORY
A. Zoning of land in the process of annexation may be done in accordance with the
procedure and notice requirements of this article. The proposed Zoning
Ordinance shall not be passed on final reading prior to the date when the
Annexation Ordinance is passed on final reading prior to the date when the
Annexation Ordinance is passed on final reading, the the Ordinance annexing the
property can also zone the property. If the zoning process is commenced prior to
the effective date of the Annexation Ordinance, the legal protest area for rezoning
shall be determined solely on geographic location, irrespective of whether the
land in such legal protest area is within or without or partly within and partly
without the limits of the Town of Mills.
B. Any area annexed shall be brought under the provision of this Ordinance and the
map thereunder within ninety days from the effective date of the Annexation
Ordinance irrespective of any legal review which may be instituted challenging
the annexation. During such ninety day period, or such portion thereof as is
required to zone the territory, the Town of Mills shall refuse to issue any building
or occupancy permit for any portion or all of the newly annexed area.
Town of Mills Petition for Zone Change or Page 7
Rev: 05/2016 Application for Special Review Permit
TOWN OF MILLS
APPLICATION FOR SPECIAL REVIEW PERMIT
SECTION 18.16.010
SPECIAL REVIEW
INTENT
Although each zoning district is primarily intended for a predominant type of use (e.g.,
dwellings in residential districts), there are a number of uses which may or may not be
appropriate in a particular district depending upon all the circumstances of the surround
development, traffic capacities of adjacent streets, and potential environmental effects, all may
dictate that the circumstances of development should be individually reviewed. It is the intent of
this Section to provide review of such uses so that the community is assured that they are
compatible with their locations and surrounding land uses and will further the purpose of this
Ordinance.
APPLICATION OF SECTION
Special review requirements shall be applicable to all uses designated “S,” “Uses
Permitted by Special Review” in the permitted use section of this Ordinance. Mobile Home
Courts, as defined herein, are classified as a Special Use and must be granted a Special Use
Permit.
APPLICATION FOR SPECIAL USE PERMIT
A. All applicants for Special Use Permits shall follow the procedures for zone change
requests outlined in Section 18.16.040 of this Ordinance (Attached).
B. The following information must accompany each petition for special use permits
outlined in Section 18.16.040:
1. A complete Site Plan showing the major details of the proposed development
consisting of the following: location of buildings and structures; off-street
parking areas; off-street loading areas; service and refuse areas; means of
ingress and egress; major landscaping or screening proposals; signs, and
pedestrian areas;
2. A time schedule for development;
3. Such other information as the Zoning Board shall by written rule require;
and,
4. Any other information the applicant believes will support his request.
C. General Criteria, Conditions, and Modifications
1. No special review use application shall be approved unless the Town Council
finds that the application (A) complies with all requirements imposed by this
Article and with all applicable written rules of the Zoning Board; (B) is
consistent with the objectives and purposes of this Zoning Ordinance; and (C)
Town of Mills Petition for Zone Change or Page 8
Rev: 05/2016 Application for Special Review Permit
is designed to be compatible with surrounding land uses and the area of its
location.
2. In considering an application for a special review use, the Town Council shall
consider and may impose modifications or conditions concerning, by way of
illustration and not limitation, the following development features, to the
extent such modifications or conditions are necessary to insure compliance
with the criteria of paragraph 1 of this section.
a. Size and location of site;
b. Street and road capacities in the area;
c. Ingress and egress to adjoining public streets;
d. Location and amount of off-street parking;
e. Internal traffic circulation system;
f. Fencing, screening, and landscaped separations;
g. Building bulk and location;
h. Usable open space;
i. Signs and lighting; and,
j. Noise, vibration, air pollution, and other environmental influences.
D. All Site Plans for special review permits, including modifications or conditions,
shall be approved by the Town Council. The applicant shall file the Special
Review Site Plan with the building official who shall indicate on the zoning
district map that a Special Review Permit has been approved for the area included
in the Site Plan.
E. The building official shall issue a certificate for the special use certifying the
completion of the Special Review Permit and shall note the issuance of the
certificate on an office copy of the district zoning map and on the Site Plan.
F. After completion, the use of the land and the construction, modification, or
alteration of any buildings within the special permit unit will be governed by the
approved site plan, kept for reference by the building official.
G. Except as follows, no changes may be made in the Special Review Permit after its
approval.
1. Minor changes in the location, siting, or character of buildings and structures
may be authorized by the building official, if required by engineering or other
circumstances not foreseen at the time the final development program was
approved. No change authorized by the building official under this section
may increase the size of any building or structure by more than ten percent,
nor change the location of any building or structure by more than ten feet in
any direction; provided, notwithstanding anything in the foregoing, the
building official may not permit changes beyond the minimum or maximum
requirements set forth in this Ordinance;
2. All other changes in the special review permit site plan must be made under
the procedures that are applicable to the initial approval of a special review
permit.
Town of Mills Petition for Zone Change or Page 9
Rev: 05/2016 Application for Special Review Permit
ADDITIONAL REGULATIONS
The Zoning Board shall from time to time, establish additional written specific
regulations not inconsistent with the provisions of this Section relating to procedures, and
to criteria and relevant development features of any other special review uses.