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Basin City Zoning Code

CHAPTER 11

1 GENERAL ZONING PROVISIONS

§ 11-1-1 TITLE, JURISDICTION AND APPLICATION.

This title shall be known as the Town of Basin Zoning Code. The jurisdiction of this title is intended to apply to the use of land within the town boundaries including future lands hereafter annexed into the town. This title will also be used as a guiding document concerning input on County Land Use Plans or proposed subdivision of lands within one mile of the town boundaries as provided in W.S. 18-5-308(b) as amended.
(Ord. 685, 11-12-2020)

§ 11-1-2 FINDING, SCOPE.

A. 
Findings: The town council finds that the health, safety, and general welfare of the citizens of Basin will be best served by dividing the town into various zoning districts or zones and regulating the erection, construction, reconstruction, alteration, repair or use of buildings, structures on the land within these zones. The zoning regulations of this title shall be designed to accomplish the statutorily authorized purposes of:
1. 
Securing safety from fire, panic, and other dangers;
2. 
Providing adequate light and air;
3. 
Preventing the overcrowding of land;
4. 
Avoiding undue concentration of population;
5. 
Facilitating adequate provisions for transportation, water, sewerage, electrical power, schools, parks and other public requirements;
6. 
Conserving the value of buildings and encouraging the most appropriate use of land throughout the city or town; and
7. 
Preserving, rehabilitating and maintaining historic properties and encouraging compatible uses.
B. 
Scope: The town council, acting in light of the above findings, does hereby resolve that this title shall govern all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the town dependent on the availability of a code enforcer.
(Ord. 685, 11-12-2020)

§ 11-1-3 AUTHORITY.

This title is adopted under the authority of Sections 15-1-601 through 15-1-611 Wyoming Statutes, as amended.
(Ord. 685, 11-12-2020)

§ 11-1-4 RELATED TO LAND USE PLAN.

It is the policy of the Town of Basin Council that the enforcement, amendment and administration of this Zoning Code be accomplished with due consideration of the recommendations contained within the future land use map, as developed and amended from time to time by the Town of Basin.
(Ord. 685, 11-12-2020)

§ 11-1-5 DEFINITIONS.

As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
Adjacent:
All properties direction contiguous to a parcel under consideration as well as to any properties separated from said parcel by a public way.
Adjoining:
All properties contiguous to or abutting another property; properties on opposite sides of a street or alley are not considered as adjoining.
Adult Use:
Retail and/or entertainment establishments primarily engaged in offering adult entertainment and/or the sale of sexually explicit materials, including adult book and video stores, strip clubs, establishments featuring nude dancers, and similar uses.
Amendment:
An amendment is a change in the zoning ordinance or map. An amendment may be initiated by a landowner, the governing body or the planning commission.
Average Lot Size:
The sum of the land area of land within the lots in a subdivision divided by the number of lots in the subdivision, not counting any land or lots dedicated for streets, parks or other public uses.
Bed and Breakfast Inn:
An owner-occupied, single-family dwelling where short-term lodging is provided through the rental of no more than four individual rooms to the general public.
Boulevard:
The portion of the street right-of-way between the curb line and the property line.
Building Height:
The vertical distance of a building measured from the average elevation of the finished grade surrounding the buildings to the highest point of the building. Air conditioners, chimneys, church spires and steeples, mechanical equipment and similar appurtenances are exempt from building height restrictions.
Building Permit:
A certificate issued by the town council or an authorized agent, authorizing both the use of land in the town pursuant to the requirements of this Code and construction activity consistent with the applicable building code.
Commercial:
Land uses involving the purchase, sale or other transaction involving the handling or disposition of any article, substance, commodity, or service for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises, or maintenance and use of offices by professionals.
Conditional Use:
A land use or development that may be allowed only after an in-depth review procedure and with appropriate restrictions or conditions as provided by this Zoning Code upon a finding that standards and criteria stated in this Code will be satisfied. A conditional use must be compatible with the existing neighborhood.
Construction:
Includes any addition expanding the lot coverage or height of any building as well as to the erection of new buildings and shall further apply to the development of parking lots or establishment of other land uses that lack buildings.
Council:
Unless otherwise indicated, the Town Council of the Town of Basin.
Deq:
The Wyoming Department of Environmental Quality or it's successors.
Destruction:
The ruination of a building or structure by accident, fire, flood, wind or similar event where the cost of repair or reconstruction equals or exceeds 50% of the market value of the structure before the damage occurred.
Development Plan:
A plan which serves as a basis of discussion between the Planning Commission and a developer. It should be sufficient clarity and detail to fully determine compliance with the provisions of this title but should, also, be subject to change in response to recommendations of the Planning Commission.
Easement:
A grant or conveyance by an owner of real property of a right to use the owner's real property for a specific purpose.
Essential Services:
The erection, construction, alteration or maintenance by local governmental units or franchisees of underground, surface, or overhead utilities, including gas, electric, fuel or water transmission and distribution system collection, communication supply or disposal system, and including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
Facility:
Any material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.
Farm Animal:
Any animal other than a dog or cat normally kept outside of a dwelling unit. Farm animals include, but are not limited to, chickens, cows, geese, goats, horses, lamas, and pigs. Keeping farm animals is an agricultural use.
Frontage:
The length of a property abutting on one side of a street measured along the street line.
Half Street:
A public right-of-way having only half of the width required by the subdivision design requirements.
Home Occupation:
Any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposed and does not change the character thereof. There shall be no window display or other public display of any material or merchandise in connection with any home occupation. No sign shall be displayed on the premises advertising the occupation carried on in the home except one sign which shall not be more than two square feet in area, and which shall be attached to the house.
Hotel/Motel:
Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than four sleeping rooms. Kitchenettes are okay.
Industrial:
Land uses involving the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprises.
Institutional Uses:
Group homes, day care centers, hospitals, nursing homes, convalescent homes, retirement homes and similar uses.
Interim Uses:
A temporary use of property until a particular date, until a particular event, or until zoning regulations no longer permit it. Interim use permits are not recorded and do not run with the land upon transfer. All interim uses shall conform to standards listed in the interim use section of the Code.
Land Use Permit:
A permit issued by the town council or its authorized agent authorizing the use of land pursuant to the requirements of this Code.
Lot:
A numbered or otherwise described tract of land designated on a recorded deed of conveyance, plat and/or subdivision plat, and separated from other tracts, parcels or portions for the purpose of development or for the transfer of ownership, exclusive of public rights-of-way or private road easements that are recorded with the county clerk.
Manufactured Home:
A structure, transportable in one or more dependent sections, constructed in conformance with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. 5401 et seq., as amended), which is built on a permanent chassis and designed to be used as a single-family residential dwelling unit. See also definition of Mobile Home.
Manufactured Home Park:
An area occupied by three or more manufactured homes or mobile home spaces. A manufactured home park is distinguished from a subdivision, in which lots are sold for the placement of manufactured homes, by it being in one ownership.
Mobile Home:
A structure, transportable in one or more sections, designed for use as a single-family residential dwelling unit, built on a permanent chasses, that was constructed prior to July 13, 1994 or is lacking certification of compliance with the National Manufactured Housing Construction and Safety Standards Act. Such a structure shall be considered to be a mobile home, whether or not the wheels originally mounted have been removed, and whether or not the structure has been placed upon a permanent foundation. A "trailer house" is the same as a mobile home. See also definition of Manufactured Home.
Modular Construction:
A structure, transportable in one or more dependent sections, designed for use as a single-family residential dwelling unit, not built on a permanent chassis, capable of being transported from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation when assembled.
Nonconforming Use:
Any pre-existing structure or land use which is inconsistent with the provisions of this Code.
Pasture:
Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.
Plat:
A map or drawing which graphically delineates the boundary of the land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to the law.
Practical Difficulties:
"Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not allowed by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.
Public Parks:
A park, reservation, playground, or recreation or community center in which the community owned, leased, or used wholly in part of a town, county, state, school district, or federal government for recreational purposes.
Public Uses and Facilities:
Public and quasi-public buildings, structures, and land uses operated by a governmental agency or non-profit community organization including non-residential schools, churches, meeting halls, parks, athletic fields, and governmental offices.
Setbacks:
The shortest straight line distance between the outer extremity of a structure and property line.
Special Exemption:
A certain use as listed in this Code which may be harmonious under special conditions and its specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this code. A special exemption must be authorized by town council after appropriate findings.
Tree:
An object of natural growth.
Townhouse:
An attached, privately owned single-family dwelling unit which is a part of and adjacent to other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.
Variance:
Relief from certain provisions of this Code, when due to the particular physical surroundings, shape or topographical condition of the property, compliance would result in a practical difficulty upon the property owner. A variance should not be used to permit a use in a district where it is not allowed under the terms of this Code.
(Ord. 685, 11-12-2020)