Council approves first-reading changes to commercial site-plan review after developer objections and amendment

The City of Cody council voted to approve, on first reading, an amended ordinance revising commercial site-plan review procedures in the city code. The ordinance (2025-10) adds objective criteria and clarifies when developers must appear before Planning and Zoning for commercial site-plan approval; council also approved an amendment removing certain broad phrasing after public comment.

City staff and the planning and zoning task force described the ordinance as replacing a long-standing, open-ended code provision with more objective criteria so applicants and the Planning and Zoning Board have clearer expectations. Staff said older language tied approval to a building permit without objective measures and often produced subjective decisions.

A commercial property owner (unnamed in the transcript) told the council the proposed language remained too subjective in parts. The speaker said he accepted that the “burden” to show compliance belongs with applicants for local, state and federal rules but objected to language requiring applicants to demonstrate compatibility with surrounding properties and promote public safety. The speaker also criticized a provision allowing the board to specify "local conditions," calling that phrasing too broad and a potential source of ad hoc requirements: “If I met the 5% landscape rule, then I met the 5% landscape rule. If you don't like it, that's a personal choice not to like,” he said.

Council Member Shreve moved to amend the ordinance to eliminate the language in Item C referencing public safety and compatibility and to remove the "local conditions" language in Item D. The amendment was seconded and the council voted to adopt the amendment; the record shows at least one dissent in that procedural vote. Following that, the council approved the ordinance as amended on first reading and instructed staff to prepare the revised language for the second reading.

Ending: The amended ordinance will return to council for a second reading with revised language in items C and D as directed; staff indicated the change is a housekeeping edit to clarify the ordinance prior to final vote.