The first round of amendments to Park County’s development standards and regulations (DSR) was intended, in part, to align the county’s rules with state and federal law.

That’s led to new, more in-depth descriptions of some potential land uses that have alarmed some county residents — including language defining adult entertainment businesses, such as a strip club, and spelling out where they could be located and how such a business could secure approval from the county.

Park County Planning and Zoning Director Joy Hill said the county’s outside consultant, Logan Simpson, indicated the changes were needed to conform with federal law. Adult entertainment businesses are protected by the First Amendment, the consultants noted, which means they can’t be entirely banned across the county.

Currently, adult entertainment businesses are allowed in Park County’s industrial and commercial areas and in rural Meeteetse, which has no regulation limits — but only if they appear before the county commissioners and obtain a special use permit.

“Our rule currently does not comply with federal law,” Hill said of the explanation given by the consultants.

Logan Simpson recommended that the county designate at least one zoning area where adult businesses can simply go into the planning and zoning office and obtain a regular permit to operate.

“We looked at our zones, and we said, ‘Well, really, the most appropriate one would be industrial,’” Hill said, “because we really don’t have a lot of industrial zones.”

The rules only apply to unincorporated, private lands and most of the county’s industrial zones are near city limits, including some locations south and east of Powell, around Frannie and a couple areas north and one south of Cody.

In the commercial and Meeteetse rural zones, adult businesses would continue to need a special use permit.

“Nothing in statute or the draft Park County DSR states that any use must be approved,” Hill added. “As with all other uses listed in the use table, these uses are allowed, so long as they meet the conditions listed in the DSR.”

Hill said this new language is not tied to any businesses asking to locate such an establishment in rural Park County. She also said she understands some people won’t like the proposed changes.

However, Park County Commission Chair Dossie Overfield noted its only a draft, and the public will have a say in determining the final wording and rules on land usage. A public hearing is scheduled for Jan. 27 at 1:15 p.m., in the Cody Library’s Grizzly Room.

Overfield said a lot of the concern she saw was in the updated definition of the adult businesses, which includes graphic language.

Wapiti resident Cathy Selby was among those concerned after seeing the regulations in early December. She told the Tribune she was shocked by the graphic language regarding adult entertainment businesses.

“If we have to have definitions, I say we just say no to them [the businesses] everywhere,” Selby said.

Group homes, alternative energy

Consultant Logan Simpson also identified issues with current county regulations regarding group homes and alternative energy, leading to new language to address those as well.

“The federal Fair Housing Act ‘prohibits discrimination on the basis of disability in all types of housing transactions,’” the consultants wrote, adding that land use regulations “may not be used to hinder the residential choices of [disabled] individuals, including unnecessarily restricting communal, or congregate, residential arrangements, such as group homes.”

The Wyoming Fair Housing Act has similar provisions.

Overfield said this change could have a bigger effect than those related to adult entertainment businesses, as group homes have to be considered in any residential zoning. She didn’t see the new definitions for energy uses — reflecting the newest federal language — having much of a change to how any potential wind or solar energy would be handled currently.

Hill said as work begins on the second round of regulations there will be more chances for people to provide input on what types of uses they do not want to see in certain areas.

First step

The first round of amendments to the Park County Development Standards and Regulations is set to be considered by the county commissioners in January after being recommended for approval Nov. 20 by the Planning and Zoning Commission.

The day after the public hearing on the first round of regulations, work on the second round of regulations begins.

County planning and zoning officials will hold all-day open houses on Jan. 28 at the Cody Auditorium and on Jan. 29 at Heart Mountain Hall in the Park County Fairgrounds.

As with the land use plan process, Hill said staff will offer presentations at three different times throughout the day on how regulations could be amended to align with the new land use plan.

The amendments to the regulations are being spurred on by the spring passage of the new Park County Land Use Plan. That plan includes recommendations on whether certain county areas should be zoned for more or less density than they are now, a revised agriculture overlay map and a new big game overlay, among other items.

That plan actually had to go through part of the process the first round of regulations are going through twice. The plan was recommended for approval by planning and zoning but turned down by commissioners after a public hearing in which many people expressed concerns the plan didn’t do enough to protect private property rights. The commissioners then met with planning and zoning to hash out a revised plan, which was again recommended for approval by planning and zoning and then, approved by county commissioners.

After the open houses the county will release a month-long online questionnaire for people to fill out, and then in March will hold a series of meetings with people in each planning area to address issues that were brought up at the open houses and via the questionnaire.