Cody board approves temporary exemption for on-site silo, requires removal by April 15

The City of Cody Planning, Zoning and Adjustment Board on March 20 approved a special exemption allowing Slaton Construction Wyoming to mix mortar on site and use a silo during construction of a pavilion on Sarah Sheridan Avenue, with the board adding a requirement that the currently installed silo be removed from downtown by April 15 and may be returned later as construction activity warrants.

Planning staff member Yutona (last name not specified) presented the request, explaining the application seeks permission for a temporary staging area, outdoor storage beyond already-approved conex containers, and limited on-site production of construction materials such as mortar. "It was advertised in the newspaper," Yutona said, and staff notified adjacent property owners; she reported no written objections to the silo from notified neighbors.

The request covers only permission for the silo and mortar production; the staff report indicated the storage containers had been previously approved. The applicant asked for a special-exemption period of 12 to 14 months; staff's written recommendation likewise limited approval to no more than 14 months.

Board members questioned site impacts and timing. Board member (and mover) Joe (last name not specified) said he would move to approve the staff recommendation; Dan H. (last name not specified) seconded the motion. Concerns raised included loss of on-site parking and potential dust or particulate emissions during summer visitor season. One board member said the silo "looks like a very large funnel" and expressed worry about particulate matter from mortar mixing reaching busy downtown streets.

The Slaton Construction representative (name not specified) told the board the silo had been placed on site in early February — "I believe early February. It's about a month and a half," the representative said — and that the company plans to remove the silo soon and return it later when veneer and stone work are performed. The representative said much of the mortar mixing activity is being managed off-site at a staging location at 1201 Beck Avenue and that the company is coordinating traffic control with the Wyoming Department of Transportation and the city.

The city attorney (name not specified) advised the board to focus on the statutory criteria for special exemptions as outlined in the staff report, noting that installations placed before seeking approval do not automatically control the board's decision: "when you look at the statute that defines the criteria for the special exemption ... that's really what the focus of the board should be," the attorney said.

After debate, the board approved the staff recommendation but amended it to require removal of the currently installed silo no later than April 15. The amendment further specified the silo may be returned later "as construction warrants," with one board member proposing a not-before date in mid-August; the approved language allows return as warranted by construction rather than setting a firm reinstallation date. The motion to approve as amended carried on voice vote.

The record notes the board previously approved a separate special exemption for storage on the site in an earlier action referenced in the staff report (listed as approved August 13, 2024, for a period of two years); the containers discussed at this hearing were identified as already preapproved. The board directed that any extension beyond the approved 12–14 month period would require the applicant to return to the board for further approval.

The board also discussed neighbor requests to minimize contractor parking in front of a nearby lodge and agreed the applicant should work to avoid blocking patron parking during daytime hours. The applicant said contractors would use alternate nearby street parking and that contractors’ parking is limited by existing two-hour restrictions on some nearby streets during peak season.

Vote at a glance: Motion to approve special exemption for on-site mortar production and silo use as recommended by city staff, amended to require removal of the current silo by April 15 and to allow its return as construction warrants — motion carried (voice vote).