Residents in the unincorporated Happy Valley neighborhood of Laramie County, Wyoming, aren’t so happy about proposed changes to county zoning laws, calling them a “land grab.” But county commissioners say they are just trying to be responsive to complaints they hear when a landfill or other unsuitable types of businesses locate in primarily residential areas.
A letter from “concerned landowners” in the Happy Valley Homeowners Association lists the proposed changes, and calls for action from Laramie County residents against the proposal.
The letter includes Rep. Clarence Styvar as one of its signatories. Cowboy State Daily has reached out to the representative and some of the others who signed the letter, but they had not responded by the time this story was published.
Among items in the proposal that have upset Laramie County landowners are more stringent definitions of what’s considered a nuisance, including a limit on the number of vehicles that can be stored on a property within visible sight of a road, as well as limits on the hours of operation to between 7 a.m. to 7 p.m. for businesses in a residential neighborhood. The rules would also prohibit temporary dwelling units being used for long-term habitation without proper permitting.
Residents are meeting to discuss the proposal at 6 p.m. Thursday night at True Vine Community Church and the county plans a couple of public meetings to talk about the proposal and gather public feedback, at 5 p.m. Jan. 15 and Jan. 22 at the Event Center at Archer.
Proposal Arose From Complaints
Laramie County Commissioner Gunnar Malm told Cowboy State Daily the origin of the proposal stems from complaints the county has fielded from several people over the past three years.
“We’ve seen a lot of businesses move into purely residential neighborhoods, rural residential neighborhoods,” Malm said. “And we’re talking trucking businesses, mechanic shops, things like that. And the neighbors would come to the commission and ask us, ‘Why can’t you stop this?’”
The reason, Malm said, goes back to a Wyoming Supreme Court case three years ago that said the county can’t do any land use regulations for an area unless it has been zoned.
“We have to follow the rules that we’ve laid out for citizens,” Malm said. “And if we don’t follow them and vote against something, then we can get sued because we’re not following our own rules.”
Historically, Laramie County has had four types of land use zones: agricultural 1 and 2 and residential 1 and 2. The “1” and “2” designations are based on lot sizes.
Under that framework, only four things require commission approval. Those are a shooting range, a feed lot, a large solar wind project and adult businesses.
Anything else is allowed without Commissioner approval, Malm said, but that’s led to conflicts between some property owners in residential areas, who feel that a mechanic shop, trucking business or other such commercial enterprise is not compatible with a residential neighborhood.
“When we have this kind of conflict or we have people who are unhappy with the way our rules are written to bring us a change and we’ll discuss it,” Malm said. “So, these land use changes are born out of that conversation.”
While some of the zoning changes are mostly aimed at businesses encroaching on residential neighborhoods, the rules would apply to everyone. Meaning that even if not a business, 27 vehicles would still not be allowed under the proposal.
Some Rules Being Misinterpreted
Many of the items in the proposal aren’t necessarily new, Malm added, and some of the things he’s seen circulate about the proposal aren’t necessarily accurate.
Raising livestock, for example, will still be protected by both county regulations and state law regardless of the name of a particular zone, he said.
As far as land being annexed into the city becoming subject to city restrictions on livestock, Malm said that’s always been the case, and is so right now.
“If the city of Cheyenne annexes you, there’s nothing the county can do about it,” he said. “You have to comply with city codes. And the city has made accommodations and grandfathered in certain people, but that’s already state law.”
The hours of operation for businesses in a residential neighborhood are meant to help residents prevent businesses from moving in that are not really compatible with a bedroom community in a rural area.
“You don’t really want cars coming in at 10 p.m. at night in a residential neighborhood,” Malm said. “So, if you think about it as, if you cannot tell there’s a home business, it has no impact. So, a home photography studio, an accountant’s office, anything like that doesn’t have an impact.”
Restrictions on RVs or other temporarily dwelling situations are already in place, Malm said.
“We have to make sure there are proper things like septic tanks and that waste is being disposed of correctly,” Malm said. “Because that can be a health hazard for all citizens. So that’s why that one is important. There have to be some guidelines. You have to make sure you have proper dump facilities.”
Not Written In Stone Yet
The proposed changes, while born out of a three-year discussion of conflicts between landowners and their would-be business neighbors, are not a foregone conclusion, Malm added.
“It’s all part of a larger process,” he said. “We came up with these new zoning regulations and we have put them out for public comment to see how the rest of the community feels about it. We’re going to take that feedback and we’re actually potentially going to switch directions, and then we’ll come up with a different path to go forward.”
As of yet, no votes have been taken, Malm said, adding that the county needed some sort of proposal to start the process of receiving feedback and getting a feel for what kinds of solutions the county’s residents want when it comes to property rights conflicts between neighborhoods and incoming businesses.
“So, everybody is very upset, very worried, when we’re just simply trying to follow the process of allowing public comment,” he said. “If this isn’t something that the community wants, then we won’t move forward.
“We can look in a different direction. We’re simply trying to be responsive to the concerns of many residential landowners in Laramie County who are having issues with businesses being opened in rural subdivisions.”
Renée Jean can be reached at renee@cowboystatedaily.com.
