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Board approves Riverside Cemetery District’s nonconforming-use replacement and site plan with conditions including 4,000K lighting cap

Cody Planning, Zoning & Adjustment Board · August 13, 2024
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Summary

The planning board approved a nonconforming-use replacement and the site plan for the Riverside Cemetery District office at 1721 (Gulch/Gold) Street, requiring public-works approval of deliverables and a maximum 4,000 Kelvin lighting rating among other staff conditions.

The Cody Planning, Zoning & Adjustment Board on Aug. 13 approved both a nonconforming-use determination and a site plan for a new Riverside Cemetery District office building at 1721 (referred to in materials as Gulch/Gold) Street, subject to standard staff conditions and two additional board conditions: a maximum lighting color temperature of 4,000 Kelvin and required public-works approval of applicant deliverables.

Staff explained the existing building dates to 1958 and is a lawfully established nonconforming use in the residential zone; replacement is allowed if the board finds denial would cause a hardship that outweighs public-policy benefits. Staff recommended approval with conditions noting the new building largely follows the existing footprint and will provide ADA access and an additional parking space, while meeting setback and landscape requirements as shown.

Board members initially debated whether to resolve the nonconforming-use question before the site plan; legal counsel advised the items are related but separable, and the board voted to handle the nonconforming-use determination first. Matt (board member) moved and the board unanimously approved the nonconforming-use replacement.

During the site-plan discussion, architect Kane Morris (speaker 11) told the board the site will retain an existing infiltration drainage bed on the north side of the parking area and that snow storage will remain at that north location. “It’s staying on-site,” Morris said when asked whether drainage was being retained. The board pressed for technical deliverables (drainage documentation, snow-storage delineation and electrical allocation) that staff requested in its report.

Josh (board member) moved to approve the site plan subject to staff items 1–7 and to add two conditions: that the lighting plan have a maximum 4,000 Kelvin color temperature and that the final technical deliverables be approved by the public-works department. Matt seconded; the motion passed unanimously.

The board’s conditions require the applicant to finalize and obtain staff sign-off on engineering and operational details before building permits proceed. Public-works indicated staff had provided a review memo and, after receiving applicant responses, did not require additional storm-drainage work beyond the on-site infiltration system and judged the submittal adequate for approval with conditions.

The board’s action allows the Riverside Cemetery District to proceed with the replacement building subject to the listed conditions and staff approvals.