08 - DEFINITIONS
"Abut" means to be contiguous to or immediately adjoining (e.g., two lots with a common property line are considered to be abutting).
"Access aisles" means a way or means by which vehicles leave and enter or travel through a parking lot.
"Accessory building" means a subordinate and detached structure, the use of which is incidental to the use of the principal building on the same lot, parcel, or tract. Accessory buildings shall include detached garages, noncommercial greenhouses, carports and garden and/or tool sheds.
"Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a single-family dwelling unit that provides basic requirements for living, sleeping, eating, cooking and sanitation. Either the principal dwelling unit or the accessory dwelling unit must be occupied by an owner of the property, or an immediate family member of the property owner. An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.
"Accessory living quarters" means living quarters within an accessory building and which occupy no more than twenty-five percent of the area of a principal building on the same lot, parcel, or tract, and which are used for the sole purpose of persons employed on the premises. The following uses are included in this definition: servants' quarters, manager's quarters, and rectories or parsonages in association with churches.
"Accessory use" means a noncommercial use dependent upon or pertaining to the principal or main use. Such use must be incidental to the principal or main use; and, (a) constitute a use which is secondary in significance to the principal or main use; and, (b) be reasonably related to the main use.
"Administrative officer" means the city manager of the city or the city manager's designated appointee.
Agriculture, Urban. "Urban agriculture" means orchards, gardens, food animals, and other agriculture produce produced for consumption by those responsible for maintenance of the lot.
"Aggrieved party" means a person whose legal rights have been detrimentally affected by a decision, action or rule of law.
"Alley" means a minor private or public thoroughfare, other than a dedicated half street, which is less than thirty feet wide, upon which the rear of land or building lots generally abut, and which affords a secondary means of vehicular access to the land, buildings or lots.
Alterations, Structural. "Structural alterations" means a major change in the load bearing or non-load bearing members of the building, such as bearing walls, partitions, volume beams or girders. Any enlargement in the size or height of a building shall be construed to be a structural alteration.
Alterations, Substantial. "Substantial alterations" means any change in, or enlargement of, any building or other improvement regulated by this title that will: (a) upon completion, effect a change in the use; or, (b) enlarge the floor area thereof of the structure being altered.
"Amateur radio operator" means an operator who uses a radio and/or communication device for noncommercial, personal use.
"Ambient light" means the existing light condition surrounding an area. The light source may be sunlight, or artificial light, or a combination of both.
"Amusement center" means a business, the primary purpose of which is to provide entertainment, including electronic games, billiard tables or pinball machines, etc.
"Animal boarding and treatment center" means an establishment where animals are admitted for examination, treatment or care by a doctor of veterinary medicine, and which does include outside runs and kennels. Boarding for all purposes is allowed.
"Animal hospital or clinic" means an establishment where animals are admitted principally for short-term treatment, examination or care by a doctor of veterinary medicine. Boarding is provided only for medical purposes or treatment.
Animals, Food. "Food animals" means poultry, sheep, ducks, geese, rabbits, cattle, swine and other animals raised for the purpose of food consumption.
Animals, Pleasure. "Pleasure animals" means horses, donkeys, burros and llamas kept for recreational pastime.
"Animal shelter" means a building or premises in which unwanted or lost animals and fowl are housed, confined, treated and cared for.
"Antenna" means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
"Apartment" means a suite of two or more rooms in a multiple-family dwelling, or in any other building excluding a single-family dwelling and suitable for occupancy as a dwelling unit for one family.
Apartment, Efficiency. "Efficiency apartment" means a room within a multifamily dwelling providing minimum housing accommodation for occupancy by not more than two persons, which shall include a private bath and may include kitchen facilities, all of which shall provide a minimum interior floor area of three hundred square feet.
"Apartment house" means a building, or a portion thereof, designed for a residence by two or more families of persons living independently of each other in separate apartments.
"Area of special flood hazard" means the land in the floodplain subject to one percent or greater chance of flooding in any given year.
Arcade. See Amusement center.
"Assisted living" means a dwelling or roominghouse operated by a person, firm or corporation engaged in the business of operating a facility for the purpose of letting rooms for rent and providing meals, personal daily living care and limited nursing care for persons not related to the owner.
"Automobile park" means an area used as a combined sales and service center for one or more automobile/truck dealerships and similar compatible uses such as automobile repair shops, detail work shops, muffler shops, vehicle accessory sales shops, and motorcycle sales, planned and developed as one site, and including business or commercial uses as determined compatible by the commission.
"Automobile repair shop" means a place where engine fuels may be purchased and the following services may be obtained: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and, painting and undercoating of vehicles.
"Automobile sales area" means an area used for the display, sale, or rental of new or used automobiles and trucks, where no repair work is done except minor incidentals.
"Automobile service center" means an establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such parts and fixtures on or in such vehicles, but excluding the space for major outside storage. Said automobile service center may be operated in conjunction with a large retail establishment as an accessory use.
"Automobile service station" means a structure where any automobile engine fuel is stored and retailed, kerosene, motor oil, lubricants, or greases are retailed directly to the public with some full-service provision, and which may include a carwash facility and sale and provision of minor accessories and services for automobiles.
"Awning" means a movable shelter that can be retracted, folded, or collapsed against the face of the supporting building.
Bar, Tavern, Cocktail Lounge. "Bar," "tavern," or "cocktail lounge" means any licensed establishment where any amount of alcoholic beverages is sold for consumption on or off the premises.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
"Bed and breakfast" means a service in exchange for payment of providing lodging in a residential dwelling with breakfast for not more than seven consecutive days.
"Bed and breakfast homestay" means a private, owner-occupied residence with a maximum of two guest rooms, and which is subordinate and incidental to the main residential use of the dwelling; and where the length of the stay is limited to seven consecutive days.
"Bed and breakfast inn" means a service approved as a business, even though the owner may not live on the premises.
"Block" means an area of land within a platted subdivision that according to the plat is entirely bounded by streets or a street and railroad right-of-way, natural barrier or adjacent corporate boundary.
"Block frontage" means all of the property of a given block or any portion thereof lying adjacent to a public street or highway.
"Boardinghouse" means a building other than a hotel or motel, where for compensation and by prearrangement for definite periods, lodging, and/or lodging with meals are provided for three or more persons, but not exceeding twenty persons who reside on the premises.
"Branch community facilities" means a public, noncommercial use established primarily for the benefit and service of the population of the community in which it is located. Examples are libraries and post offices.
"Breezeway" means a roofed, open-sided passageway connecting two buildings, such as a house and a garage. The roof of a breezeway may be either solid or open-structured. Attached two buildings with a breezeway shall not make them one building for purposes of determining setbacks.
"Buffering" means the use of specific measures designed to separate and protect differing land uses on separate properties. See Appendix C.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy. When divided by a common wall or walls, it may be deemed two separate buildings.
Building, Detached. "Detached building" means a building having no common wall or structure in connection with any other building.
"Building frontage" means the horizontal, linear dimension of that side of a building that abuts a street, parking area, mall, or other area open to the general public and that has either a main display window or a public entrance to the building.
"Building height" means the vertical distance above grade, as defined herein, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.
"Building line" means the minimum setback line.
Building, Nonconforming. "Nonconforming building" means a building existing at the time of the adoption of the ordinance codified in this title which fails to comply with the regulations of this title pertaining to the zone in which the building is located.
"Building official" means the city manager or the city manager's designated representative.
"Bulk plant" means a storage facility for products refined from petroleum, mineral resources, or any other combustible substance.
"Canopy" means a permanently roofed shelter covering a sidewalk, driveway, or similar area. It may be supported entirely by a building or partially or entirely supported by columns, poles, or braces extended from the ground.
Certificate (Child Caring). "Child caring certificate" means the authority to carry on and operate a child caring facility issued by the Wyoming Department of Health and Social Services, or similar state agency, and operating as the agency which issues certificates, makes inspections (or causes same to be made), enforces the standards, and handles all administrative details affecting the enforcement of state statutes relating to child caring facilities.
"Child care center" means any private person, partnership, association or corporation that is operating a business for profit or otherwise, where sixteen or more children receive care for part of the day.
"Church" means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, chapel or other such place for worship and religious activities.
"City manager" means the chief administrative officer of the city, whose duties are established by Wyoming Statutes and by the city council.
Classroom, Temporary. "Temporary classroom" means a portable building designed to be moved from one public school site to another and used for classroom purposes. The building shall not be placed upon a permanent foundation or remain at a given site for a period exceeding two years without an exception being granted.
"Clinic" means an establishment where patients are admitted for special study and treatment by two or more licensed physicians and/or dentists and their professional associates, as distinguished from a medical office established for general consultation purposes.
"Club" or "lodge" means a building used by a group of people who are members of a society, association, organization, fraternal organization, etc., for meetings, social events, and/or operations of the society, association, organization, etc.
"Cluster development" means a development designed as a complete and integrated unit in which the individual units are concentrated on the portion of the site most suitable for development, and within which prescribed minimum standards for site area, setbacks, and the bulk and spacing of buildings may be modified to achieve preservation of open space areas of twenty percent or more of the total acreage exclusive of parking and roadways.
"Commercial wireless telecommunication services" means licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
"Commission" means the planning and zoning commission of the city.
"Common lot line" means any single lot line that serves as a boundary for two adjoining lots.
"Common wall" means an unbroken wall shared by two or more separate buildings.
"Comprehensive plan" or "comprehensive land use plan" means the general plan for land use, transportation, and community facilities prepared and maintained by the commission and adopted by the council.
"Conditional use" means a use which runs with the land may be allowed as provided herein subject to certain restrictions or conditions on the location, size and other performance standards, as may be imposed by the commission or the council, after considering the effect upon the neighborhood in which it is proposed, including aesthetic considerations and conformity to the comprehensive plan.
"Conditional use permit" means a legal authorization for a conditional use issued by the commission, consisting of two parts: (a) a written statement of factual determination by the commission which justifies the issuance of the permit; and, (b) a written statement of specific conditions that must be met and maintained in order for the use to be permitted and continued.
"Condominium" means a separate fee simple estate in an individual air space unit of a multi-unit property together with an undivided fee simple interest in common elements. As used in this definition, individual air space unit shall consist of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes, and which has access to a public street. Common elements means the land on which a building or buildings are located, foundations, structural elements of the building, such as columns, girders, beams, roofs, halls, corridors, stairs, lobbies, entrances and exits of such building or buildings, parking areas, storage spaces, installations of utility services, including all apparatus and appurtenances thereto, and such other community and commercial facilities as may be provided for in any declaration defining the elements of the condominium ownership.
"Condominium conversion" means the conversion of residential, commercial, office or industrial buildings to the condominium form of ownership.
Construction, New. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this title.
Convenience Establishment, High Volume. "High volume convenience establishment" means an establishment primarily designed for the purpose of providing legally stored vehicle engine fuels, kerosene or motor oil, and lubricants or grease, on a full- or self-service basis to the traveling public and commercial haulers, which may include restaurant facilities, shower facilities, and/or overnight sleeping facilities.
Convenience Establishment, Low Volume. "Low volume convenience establishment" means a business establishment within a building that is not more than three thousand square feet, that is designed and intended to serve the frequent trade, and service needs of the neighborhood population immediately surrounding it. Such establishments may include neighborhood groceries, drug stores, dairy stores, coin-operated laundries, dry cleaning establishments, laundry and dry cleaning agencies. Automated teller machines and recycling machines shall be located within a building and not drive-up facilities. Automobile service stations, automobile repair shops, and drive-through facilities are specifically excluded from this definition.
Convenience Establishment, Medium Volume. "Medium volume convenience establishment" means a retail building with a building area of not more than six thousand square feet in area. The primary business is selling grocery store related products and gasoline/diesel fuel. Fast in and out service is the prime feature of these businesses.
Convenience Establishment, Neighborhood. "Neighborhood convenience establishment" means a small business establishment designed and intended to serve the daily, frequent trade, or service needs of the neighborhood population immediately surrounding it. Such establishments may include neighborhood groceries, drug stores, dairy stores, coin-operated laundries, dry cleaning establishments, laundry and dry cleaning agencies. Automated teller machine and recycling machine shall be located within a building, which contains not more than one hundred twenty square feet. Filling stations, repair garages, and drive-in eating and drinking establishments are specifically excluded from this definition.
"Council" means the city council of the city of Casper.
"Credit union" means a member-owned, nonprofit, cooperative thrift institution formed for the purpose of encouraging savings by offering a return using collective moneys to make loans to members, and providing other member services on a cooperative basis operated under state and federal laws and regulations.
"Custodial care facility" means a public or privately operated facility providing custodial care for persons residing by court placement, or being held or detained awaiting trial or court placement, including, without limitation, correctional and post-correctional facilities, adult and/or juvenile detention facilities, reentry centers and correctional transitional housing. A custodial care facility shall not include "group homes," as defined in the municipal code.
"Dance studio" means a facility, the primary purpose of which is to provide instruction in the art of dancing, acrobatics, gymnastics, exercise dancing or martial arts.
Day Care, Adult. "Adult day care" means a facility providing for not more than ten adults over the age of twenty.
"Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.
"Digital off premises advertising sign" means a computer programmable, off-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
"Director" means the director of planning and community development, or his designee.
"Dissolve" means a mode of message transition on an electronic message center sign or a digital off-premises advertising sign accomplished by varying the light intensity or pattern, where the first frame/message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second frame/message.
"District" means a section (or sections) of the city which is governed by uniform regulations.
"Domestic servant" means a person employed by another person to do household duties such as a maid, a cook, a butler, a housekeeper, etc.
"Drive-in" means a business establishment so designed that a portion of its retail or service character is dependent on providing a driveway approach for motor vehicles, to serve patrons while in the motor vehicle, rather than from within the building.
"Drive-through facility" means a business establishment or that portion of a business establishment designed so that motor vehicles may form a line, in order for patrons to receive services while in motor vehicles, rather than within the building.
"Driveway" means that area on private property where vehicles are operated, parked, or allowed to stand.
"Dry lot" means a corral or pen used as an enclosure for the keeping of horses, cattle, swine, poultry, or other animals in a designated area in which feed and water is provided for the same.
Duplex. See Apartment House.
"Dwell time" means the interval of time that an electronic message center sign or a digital off-premises advertising sign frame remains static before transitioning to a new message.
"Dwelling unit" means a complete, independent living, sleeping, eating, cooking, and sanitation facility for one family.
"Easement" means a right of one person to use in some way the land of another for a special purpose.
"Electronic message center sign (EMC)" means an on-premises, changeable-copy (automatic) sign which uses light emitting display technologies or a combination of lights, or lighted or unlighted panels which are controlled electronically to produce words, symbols, pictures or messages. Includes cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic, video boards and other similar electronic technology.
"Enforcement officer" means the city manager or his/her designated appointee.
"Exception" means a modification of the general provisions of this title under particular given circumstances after it is determined that strict compliance with this title would cause undue hardship on the applicant.
"Existing manufactured home (mobile) park" or "Existing manufactured home (mobile) subdivision" means a manufactured home (mobile) park for which the construction of facilities for serving the lot on which the manufactured homes (mobile) are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of the ordinance codified in this title.
"Facility" means a building, structure, etc. that facilitates or houses some particular activity; or, improvements such as water and sewer connections provided to service some activity or use.
"Fade" means a mode of message transmission on an electronic message center sign or digital off-premises advertising sign accomplished by varying the light intensity, where the first message/frame gradually reduces intensity to the point of not being legible (i.e. fading to black) and the subsequent message/frame gradually increases intensity to the point of legibility.
"Family" means one or more persons occupying as a single housekeeping unit and using common cooking and sanitary facilities, as distinguished from a group occupying a hotel, club, or boarding house.
"Family child care center - zoning review" means a child care facility in which care is provided for not more than fifteen unrelated children for part of a day. A family child care center shall be the principle residence of the provider when such a facility is located in a residential zoning district. A conditional use hearing with the planning and zoning commission is required in residential districts.
"Family child care home" means a child care facility in which care is provided for three to eight unrelated children from more than one immediate family for part of a day in the home of the provider.
"Family child care home - zoning review" means a child care facility in which care is provided for nine or ten unrelated children from more than one immediate family for part of a day in the home of the provider, where a conditional use hearing with the planning and zoning commission is required in residential districts.
Family, Immediate. "Immediate family" means husband, wife, child, stepchild, brother, sister, stepbrother, stepsister, parent, stepparent, grandchild, grandparent, mother-in-law, father-in-law.
"Fence" means a partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
"Fixture" means a chattel attached to realty and which may not be removed without doing substantial damage to the realty.
"Flagpole" in reference to a "flag lot," means a strip of land, a minimum of twenty-four feet in width, connecting the widest area of a "flag lot" to the public right-of-way, and may be used as the means of access. The minimum width of a flagpole for single-unit, residential properties in the R-1 (Residential Estate) and R-2 (One Unit Residential) Zoning Districts, for lots platted prior to January 1,2023, is twelve feet. The minimum width of a flagpole for single-unit, residential properties in the R-1 (Residential Estate) and R-2 (One Unit Residential) Zoning Districts, for lots platted after January 1, 2023, is fifteen feet.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry areas from: (a) the overflow of inland or tidal waters; and/or, (b) the unusual and rapid accumulation or runoff of surface waters from any source.
"Floodplain district" means an area designated on the most current flood insurance rate map prepared by the Federal Emergency Management Agency.
"Flood insurance rate map (FIRM)" means an official map, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zone applicable to the city.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain approval" means a request for a review of the city's interpretation of any provision in the floodplain district or a request for a variance in said floodplain district.
"Floodway" means the channel of a river or other water course and the adjacent land areas that must be reserved in order to allow the discharge of base flood without cumulatively increasing the water surface elevation more than one foot.
Flood Area, Gross. "Gross flood area" means the total floor area designed for tenant (owner) occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet, and measured by the bases of interior walls, excluding common areas such as stairways, halls, storerooms, mechanical rooms, landings, etc.
Floor, Lowest. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.
"Footcandle" means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one-foot.
"Footing" means that portion of the foundation of a structure which spreads and transmits loads directly to the soil or piles.
"Fowl" means any of the large domesticated birds used as food (chicken, ducks, turkeys, etc.).
"Foundation wall" means the structure of brick, stone, concrete, steel, wood, or iron which transfers the building load to the ground.
"Frame" means a complete, static display screen on an electronic message center sign or digital off-premises advertising sign.
"Full motion video" means a sign feature with simulated continuous movement created by the display of a series of images, typically consisting of a recorded actual event or scene.
"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
1.
Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries; of contracts;
2.
Bona fide business transactions which are valid under the law of contracts;
3.
Other acts or transactions now or hereafter expressly authorized by law;
4.
Raffles or bingo conducted, or pull tabs sold, by charitable or nonprofit organizations where the tickets for the raffle or bingo are sold only in this state and the pull tabs are sold only on the premises owned or occupied by the charitable or nonprofit organization;
5.
Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling; or
6.
Calcutta wagering on contests or events conducted by a bona fide nationally chartered veterans', religious, charitable, educational or fraternal organization or nonprofit local, civic or service club organized, or incorporated under the laws of this state; provided, that:
a.
The contest or event is conducted solely in this state;
b.
Any rules affecting the contest or requirements for participants are clearly posted;
c.
The total prizes or prize money paid out in any one contest or event does not exceed ninety percent of the total wagers;
d.
A minimum of ten percent of the total wagers on each contest or event does not exceed ninety percent of the total wagers;
e.
No separate organization or professional person is employed to conduct the contest or event or assist therein;
f.
The sponsoring organization, before conducting the contest or event, gives thirty days' written notice of the time and place thereof, to the governing body of the county or municipality in which it intends to conduct the contest or event, and the governing body does not pass a resolution objecting thereto;
g.
The sponsoring organization has complied with the relevant sections of the Internal Revenue Code of 1954, as amended, relating to taxes on wagering.
"Gambling device" means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.
"Gambling premises" means any building, room enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. Any place where a gambling device is found, is presumed to be intended to be used for professional gambling.
"Gambling proceed" means all money or property at stake or displayed in, or in connection with, professional gambling.
"Gambling professional" means:
1.
Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or
2.
Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.
"Gambling record" means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.
"Gaming area" means the gross floor area which includes the actual gaming devices and adjacent areas necessary to use or service the gaming device such as aisleways, seating and standing areas devoted to gaming device operation.
Gaming/Gambling. For the purpose of this title, "gaming and gambling" shall have the same meaning and may be used interchangeably.
"Gaming establishment" means an establishment so licensed for gaming or gambling activity under the laws of the state of Wyoming.
Garage, Private. "Private garage" means an enclosed building, structure, or portion thereof, that fronts on any street or alley and can be used for the storage of any vehicle or other personal property for persons living on the premises, and having no public shop or service in connection therewith. (For apartment houses, each apartment unit will be permitted a double stall garage or equivalent space in a larger structure.)
Garage, Public. "Public garage" means a place where the following services may be performed: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, and fender straightening and repair, painting and undercoating of automobiles, and the sale of engine fuels legally stored.
"Garage sale" means a noncommercial function held for the purpose of selling household or personal items such as, but not limited to, tools, furniture, toys, appliances, and personal belongings, by the residents of the dwelling and lasting a maximum of three consecutive days.
"Grade" means the ground adjoining the building or structure on all sides.
Grade Level. "Grade level" means the average point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line.
"Grocery store" means a retail establishment whose primary business (more than fifty percent of total sales) is selling food or food products, and has a floor area greater than four thousand square feet.
"Ground anchors" means any device designed for the purpose of securing a manufactured home (mobile) or other accessory structures to the ground.
"Group home" means an establishment used to provide twenty-four hour care or supervision, by persons living on the premises who, by reason of circumstances, require daily care or supervision. "Care" is defined as room and board, and the provision of a planned treatment program, "Planned treatment" means a previously determined program of counseling, therapy, or other rehabilitation social service which provides for a group of persons of similar or compatible circumstances or conditions.
"Health officer" means the administrator of the department of health and medical services, Wyoming Department of Health and Social Services, or his authorized representative (city-county health department).
"Historic site" means any structure or site officially approved by the council as having significance to the city or any site or structure officially designated by the state or the federal government as having historical significance.
Homes for the Homeless (Shelters). "Homes for the homeless" includes:
a.
Long-Term Shelters. Long-term, nonprofit accommodations for individuals and families who have been displaced from their homes. For the purpose of this section, long-term means a period of more than six months, but less than twelve months.
b.
Short-Term Shelters. Nonprofit facilities that provide short-term nightly accommodations for indigent people without homes. For the purpose of this section, short-term means for a period of less than six months.
"Hotel" means a building in which lodging is provided and offered to the public for compensation.
Hospital, Mental. "Mental hospital" means an institution licensed by state or federal agencies under the provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders.
"Illuminance" means the photometric quality most closely associated with the perception of brightness and a measurement of the intensity of light falling on a surface at a given distance from the light source. Illuminance can be measured with a footcandle meter, also known as a luxmeter.
Improvement, Substantial. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure based on the administrative authority or a bona fide appraisal of the property either before the improvement or repair is started or, if the structure has been damaged and is being restored immediately, before the damage occurred.
"Junkyard" means a place in excess of two hundred square feet, where waste discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel material and equipment; but not including places where such uses are conducted entirely within a completely enclosed building.
Kennel, Commercial. "Commercial kennel" means any lot or premises on which more than three dogs, cats, or other pets are kept, boarded, bred, or sold, and which may provide outdoor animal pens and runs.
"Landscaping" means the use of forms of planting and vegetation or nonliving inorganic durable materials identified below, to enhance the visual attractiveness of a site and improve erosion control. Landscaping shall include any of the following:
a.
Formal turf areas;
b.
Trees, shrubs, bushes, groundcover, or planting;
c.
Sprinkler systems;
d.
Decorative rock, natural or man-made;
e.
Gardens, exposed aggregate, tile, or similar decorative materials used in walkways, excluding sidewalks on public property, driveway approaches, and any architectural features attached to the building;
f.
Decorative lighting;
g.
Benches, tables, fountains, waterfalls and man-made streams, planters, kiosks, and public transit shelters;
h.
Decorative fences and retaining walls, i.e., railroad ties, flagstone;
i.
Ponds, excluding detention and retention ponds as defined in this chapter.
"License" means a permission accorded by a competent authority conferring the right to do or forbid from doing some act, which without such authorization would or would not be allowed, illegal, or would be a trespass or a tort.
"Lighted recreational facility" means any outdoor area used as an arena, field, court, course, etc., which is lighted and usable for the purposes of recreation during evening hours.
"Loading space" means an off-street space for the standing, loading, and unloading of goods, to avoid undue interference with the public use of streets and alleys.
"Lot" means a portion of a subdivision or parcel of land used for building development.
"Lot area" means the total area of a lot on a horizontal plane bounded by lot lines.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more intersecting streets with a boundary thereof bordering each street. A corner lot shall be presumed to have two frontages. Both front yards shall follow the required setbacks established for each zoning district.
"Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.
Lot, Flag. "Flag lot" means a platted parcel of property shaped like a "flag" or "panhandle" with its widest area set back some distance from a publicly dedicated and improved street, and having a strip of land ("flagpole") that provides the property with frontage on a public street.
"Lot lines" means the boundaries/perimeters of a lot. See Figure 17.08.010B.
Lot Line, Front. "Front lot line" means, for an interior lot, that line separating the lot from the street right-of-way. See Figure 17.08.010B.
Lot Line, Rear. "Rear lot line" means the lot line opposite the front lot line. In case of an irregular shaped lot, the rear lot line shall be an imaginary line not less than ten feet in length and parallel to the front lot line. See Figure 17.08.010B.
Lot Line, Side. "Side lot line" means any lot line other than the front or rear lot line. See Figure 17.08.010D.
Lot Line, Zero. "Zero lot line" means a side or rear lot line which has either no setback or less than the minimum setback as permitted in the zoning districts. See Figure 17.08.010C.
Lot, Through. "Through lot" means a lot having two frontages on parallel or approximately parallel streets.
"Lot width" means a straight line distance between the side lot lines at the front property line.
"Major watercourse" means a natural stream of water fed from permanent or periodical nature sources and usually flowing in a particular direction in a defined channel. See Figure 17.08.010E.
"Manufactured home" means a single-family residential structure transportable in one or more sections, which when assembled equals or exceeds twenty-four feet in width, and thirty-six feet in length. Such structure is designed to be attached to a permanent foundation, was constructed after January 15, 1976, and is built in compliance with either the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD), or the Uniform Building Code, as adopted.
Manufactured Home (Mobile), Certified. "Certified Manufactured (mobile) home" means a structure, transportable in one or more sections, which equal or exceeds eight feet in width or thirty-two feet in length, and is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and is constructed in accordance with the Manufactured Home (Mobile) Construction and Safety Standards of the U.S. Department of Housing and Urban Development, or if constructed prior to June 15, 1976, is built in accordance with ANSI Standards, Bulletin #1.119.1 as amended.
"Manufactured home (mobile) park expansion" means the preparation of additional sites by the construction of facilities for servicing lots on which manufactured homes (mobile) are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
"Manufactured home (mobile) park" means a parcel or contiguous parcels of land divided into two or more manufactured home (mobile) spaces for rent or lease.
Manufactured Home (Mobile) Park, Existing. "Existing manufactured home (mobile) park" means a manufactured home (mobile) park for which the construction of facilities for servicing the lot on which the manufactured home (mobile) is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets), and which is completed before the effective date of the ordinance codified in this title.
"Mobile home contractor" means a person who may conduct, carry on, or engage in the business of connecting, blocking, leveling, skirting, and all other above ground requirements necessary to place a manufactured home (mobile) in established parking areas.
Mobile Home, Independent. "Independent mobile home" means a manufactured home (mobile) which has both flush toilet and a bath or shower.
"Mobile home installer" means a person who labors at the trade, or receives compensation in any form for connecting the gas, waste, and/or water lines in a manufactured home (mobile) as an employee of a manufactured home (mobile) contractor.
"Modular home" means a residential structure transportable in one or more sections, which when assembled equals or exceeds twenty-four feet in width, and thirty-six feet in length. Such structure, and all additions thereto, are designed to be attached to a permanent foundation, and are built in compliance with the Uniform Building Code, as adopted.
"Montessori" means a system of training and teaching young children devised in 1907 by Maria Montessori, which emphasizes training of the senses and aims at self-education through guiding, rather than controlling the child's activity.
"Motel" means a series of commercial rental units containing bedroom, bathroom, and closet space which provides overnight lodging for compensation.
"Neighborhood" means contiguous areas showing common characteristics of population and homogeneity of land use.
"Neighborhood assembly use" means those permitted or conditional land uses defined within Title 17 of the municipal code which occupy a building or portion of a building in which facilities are provided for the public or membership groups to assemble for civic, educational, political, religious, entertainment, or social purposes, with a seating capacity of fewer than six hundred persons.
"Neighborhood grocery" means a business establishment, the purpose of which is the retail sale of food or food products with a building area of not more than four thousand square feet.
"Net acre" means the number of square feet in a natural acre (43,560) less that portion which is set aside for street, easements, or other public purposes.
"Nonconforming use" means the lawful use of a building, structure or land on the effective date of the ordinance codified in this title, or amendments thereto, which does not conform to the provision of this title for the district in which it is located.
"Nursery" means a space or building, or a combination thereof, for cultivation, storage, or sale of live trees, shrubs, or plants including products used for gardening or landscaping. The definition of a nursery does not include any space or building used for the sale of fruits, vegetables, or other related products.
"Nursing home" means any institution, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization of the sick or injured, or care of any persons requiring or receiving chronic or convalescent care, not including hotels or other similar places that furnish only board and room, or either, to their guests, nor to hospitals operated by the federal government.
Nursing Home, Intermediate Care. An "intermediate care nursing home" provides a modest amount of nursing care, as defined by the Wyoming Department of Health and Social Services, with a nurse on duty twenty-four hours per day, seven days per week. The nurse shall have a minimum designation of a Practical Classification No. 1. (Practical Nurse as classified by the state.)
Nursing Home, Skilled Care. A "skilled care nursing home" provides for more than a modest amount of nursing care, as defined by the Wyoming Department of Health and Social Services, with a nurse on duty twenty-four hours per day, seven days per week. This will require a nurse with a registered nurse (RN) designation for the day shift and a licensed practical nurse (LPN) for the other two shifts. The licensed practical nurse(s) shall have a Classification No. 1.
Office, General Business. "General business office" means a structure, room, or suite of rooms in which the clerical and administrative work of a business or service for the public is performed.
Office, Professional. "Professional office" means a building where there is no display of stock or wares in trade, nor commodity sold, nor any commercial use conducted other than those incidental to the services provided. For purposes of this title professional office shall include the office of a doctor, dentist, lawyer, architect, engineer, geologist, minister of religion, insurance agent, real estate agent, real estate appraiser, accountant, or similar professions or professional services.
"Official map" means the official map of the city as adopted by the council.
Open Drainageways. See Stream Channel.
Open Space, Usable. "Usable open space" means unobstructed open space controlled and maintained by a property owners association for use by the occupants of a planned unit development, or by others for recreation. The term "useful open space" shall not include space devoted to buildings, streets, and off-street parking areas.
"Overlay" means to superimpose planned unit development over an existing lot layout and in a specific zoning district.
"Owner" means the owner of real property who was, in the last calendar year, liable for a property tax or would have been liable but for legal tax exemption.
Owner, Contract Purchase. "Contract purchase owner" means a purchase in which legal title to property remains with the seller until the purchaser has fulfilled the terms of the contract.
"Parking space" means a space required for vehicular parking of a single vehicle, which must be surfaced with asphalt or concrete, and may vary in size.
"Parkway" means that area of land located between the back of the street curb and the property line including any sidewalk or landscaping located therein.
"Paving width" means the distance so designated from the front or leading edge of the curb to the front or leading edge of the curb opposite and not necessarily the width of the right-of-way.
"Permit" means a written authorization issued by the city pursuant to law.
"Person" means any individual, person, partnership, corporation, association, governmental corporation or entity.
"Personal service shop" means a business which specializes in providing a service such as a barbershop, beauty shop, etc. A personal service shop shall not be considered a professional office for the purpose of this title.
"Pet supply shop" means a business which sells pet accessories, supplies, food, and/or small pets such as cats, dogs, etc., on a retail or wholesale basis.
"Pets" means poultry or any animal that is tamed or domesticated.
"Pharmacy" means a business where prescription drugs and medicinal aids and products are sold on a retail basis to the general public.
"Planned treatment" means a previously determined program of counseling, therapy, or other rehabilitation social service provided for a group of persons of similar or compatible circumstances or conditions.
"Planned unit development" means a type of land development designed to provide variety and diversity which may be residential, commercial, industrial, or a mixture of residential/commercial, commercial/industrial, in which buildings may be clustered and/or set on lots of a size smaller than normally required by this title. The PUD may result in an overall density, the same density, or a greater density than is required by this title. The PUD must contain large, open, park-like areas with buildings concentrated in a few areas. Individual properties may be owned in fee with open space either owned jointly or deeded to the city.
"Planning director" means the chief administrator of the planning office, directly responsible to the city manager.
Plastics, Approved. "Approved plastics" shall be classified as either CC1 or CC2, in accordance with the Uniform Building Code, the most recent version.
Platted Lot, Individual. "Individual platted lot" means a tract of land shown as a lot on a subdivision plat, which has been recorded in the office of the county clerk, in accordance with state statutes.
"Pond, Detention. "Detention pond" means stormwater runoff collected and stored in a detention pond for a short period of time, so that the outflow from the detention pond is a reduced dischargeable rate.
Pond, Retention. "Retention pond" means stormwater runoff collected and stored in a retention pond for an infinite period.
"Preschool" means any public, parochial or private school for children under kindergarten age.
"Preservation" means retaining without substantial alteration the exterior portion of an existing structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.
"Principal building" means the building or a use that complies with the purpose, permitted uses and/or conditional uses as defined in the zoning district in which the building or use is located.
"Private school" means one legally maintained by private individuals or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors.
"Property lines" means the legal boundaries of any particularly described parcel of land.
"Public entity" means a person, actual or artificial, that is recognized by law.
"Public hearing" means an administrative legal proceeding with definite issues of fact to be determined and/or with the parties having the right to be heard and have counsel present.
"Public land" means land owned, controlled, and/or operated by a governmental entity.
"Public notice" means notice given to the public generally, or to the entire community, or to all whom it may concern, or through the use of the local news media, including a newspaper of general circulation, or the recording of documents.
Publication, Legal. "Legal publication" means an official notice in a newspaper of general circulation as prescribed by state statutes.
"Raw land value" means unimproved land, land in its natural state prior to grading, construction, subdividing, or improvements such as streets, lighting, and sewers.
Real Property, Private. "Private real property" means the private interests, benefits and rights inherent to the ownership of real estate.
Real Property, Public. "Public real property" means the public interests, benefits and rights inherent to the ownership of real estate.
"Recreation center" means a facility which provides recreational activities, equipment and facilities such as swimming pools, racquetball courts, weight lifting equipment, etc., to members of the general public.
"Recreational overnight park" means land occupied or designed for temporary occupancy by any one of the following: tent, pickup camper, camp trailers, or motor home.
"Recreational vehicle (RV)" means any of the following:
a.
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, in accordance with ANSI Standards Bulletin No. 119-A.
b.
Pickup camper means a structure designed to be mounted on a truck chassis, for use as a temporary dwelling for travel, recreation, and vacation.
c.
Motor home means a portable, temporary dwelling, to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
d.
Camping trailer means a structure mounted on wheels and designed for travel, recreation, and vacation use.
"Recreation vehicle parking area" (overnight parks, destination parks, primitive parks, or campgrounds) means a parcel of land in which two or more spaces are occupied or intended for occupancy by recreational vehicles for transient dwelling purposes.
"Recreational vehicle sewer connection" means the connection consisting of all pipes, fittings, and appurtenances from the drain outlet of the recreational vehicle to the inlet of the corresponding sewer riser pipe of the sewage system serving the recreational vehicle parking areas.
"Recreational vehicle space" means a parcel of land in a recreational vehicle parking area for the placement of a single recreational vehicle and the exclusive use of its occupants and accessory structures.
"Recycling center" means a structure or storage area whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled, including, but not limited to, scrap aluminum, paper, plastic and bottles are processed.
"Regional assembly use" means those permitted or conditional land uses defined within Title 17 of the municipal code which occupy a building or portion of a building in which facilities are provided for the public or membership groups to assemble for civic, educational, political, religious, entertainment, or social purposes, with a seating capacity of six hundred persons or more.
"Sanitary station" means a facility provided for the emptying and flushing of hoses or sewage holding tanks of recreational vehicles.
School, Elementary, Junior, and Senior High. "Elementary school," "junior high school" and "senior high school" means any public, parochial or private school for any grades, including kindergarten and/or between first and twelfth, that may or may not be accredited by the Wyoming Department of Education.
School, Park Concept. "Park concept school" means the siting of a school adjacent to a public park, creating a combination of open space/recreational uses.
"Scrolling message" means a mode of message transition on an electronic message center sign or digital off-premises advertising sign where the message appears to move vertically or horizontally across the display surface. For the purpose of regulating electronic message center signs and digital off premises advertising signs, scrolling shall refer to text only, and not images or symbols which shall instead, be considered either animated signs or full motion video signs.
"Service building" means a building for a manufactured home (mobile) park or other residential development, housing facilities such as mail facilities, recreation facilities, toilet and bathing facilities, etc.
"Service riser pipe" means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each recreational vehicle space.
"Service sink" means a sink used for cleanup purposes within the service building.
"Setback" means the distance required to comply with the front, side, or rear yard provisions of this title. See Figure 17.08.010D.
"Short duration" or "temporary" means a period not to exceed thirty calendar days.
"Sign" means any identification, description, illustration, or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public, which directs or draws attention to a product, service, place, activity, person, institution, business, or solicitation including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey commercial information.
Sign, Accessory. "Accessory sign" means a sign which is accessory to the principal use of the premises.
Sign, Animated. "Animated sign" means any sign which includes simulated movement, action or motion created by the display of a series of pictures or images.
Sign, Changeable Copy (Automatic). "Automatic changeable copy sign" means a sign or electronic message center on which the copy or image changes automatically on a lampbank or display through a programmed or remote electronic or mechanical means.
Sign, Changeable Copy (Manual). "Manual changeable copy sign" means a sign on which copy is changed manually in the field.
Sign, Electric. "Electric sign" means any sign containing electric wiring which is attached or intended to be attached to an electrical energy source.
"Sign face" means the surface of a sign upon, against, or through which the message is displayed or illustrated.
Sign, Flashing. "Flashing sign" means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light, or where the identical message, or a portion of the message is repeated at a rapid interval (less than every two seconds) for the purpose of drawing attention to the sign.
Sign, Freestanding. "Freestanding sign" means a sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building, structure, or other sign; this term includes pole signs, pedestal signs, and ground signs. It shall not include portable signs. See Figure 17.08.010F.
"Sign height" means the vertical distance measured from the highest point of the sign or sign structure to the grade of the nearest adjacent street or to the grade of the street or highway to which the sign is directed.
Sign, Illegal Nonconforming. "Illegal nonconforming sign" means a sign that was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection and that has never been brought in conformity with all such laws.
Sign, Legal Nonconforming. "Legal nonconforming sign" means any sign that was lawfully erected and maintained prior to the enactment of the ordinance codified in this title, but that does not conform to all applicable regulations and restrictions contained herein or any sign located in an area annexed to the city since the enactment of the ordinance codified in this title that was legal at the time of its construction.
"Sign maintenance" means replacing, repairing, or repainting of a portion of a sign or sign structure or renewing of a copy that has been made unusable by ordinary wear and tear, weather, or accident.
Sign, Off-premises Advertising. "Off-premises advertising sign" means a sign including, but not limited to, billboards or general outdoor advertising devices, that advertise or direct attention to a business, commodity, service, or activity conducted, sold, or offered elsewhere than on the same lot or parcel or within the same building upon which the sign is located.
Sign, On-premises. "On-premises sign" means a sign that advertises a business and directs attention to a business, commodity, service or activity conducted, sold or offered on the same lot, parcel or within the same building upon which the sign is located.
Sign, Projecting. "Projecting sign" means a sign that extends in whole or in part fifteen inches or more horizontally beyond the surface of the building to which the sign is attached. See Figure 17.08.010F.
Sign, Real Estate. "Real estate sign" means a sign indicating the availability for sale, rent, or lease of a specific lot, building, or portion of a building upon which the sign is erected or displayed.
Sign, Roof. "Roof sign" means any sign erected upon, against, or directly above a roof or on top of or above the parapet of a building. See Figure 17.08.010F.
Sign, Rotating. "Rotating sign" means any sign or portion of a sign which moves in a revolving or similar manner.
"Sign structure" means any supports, uprights, braces, or framework of a sign.
Sign, Temporary. "Temporary sign" means any commercial sign, banner, display board, poster, or other advertising display constructed of paper, plastic, wood, cloth, canvas, light fabric, cardboard, or other light materials, with or without frames, intended to be displayed for a period of time not to exceed thirty calendar days. This definition does not include governmental flags or political signs regulated pursuant to Section 17.96.070.
Sign, Wall. "Wall sign" means a sign displayed upon or against the wall of an enclosed building, where the exposed face of the sign is in a plane parallel to the plane of the wall and extends not more than fifteen inches from the face of the wall. See Figure 17.08.010F.
"Site" means the specific location upon which a building, structure, development, use, etc., and any accessory use or building, off-street parking areas, or landscaping is located.
"Site Plan" means a plot plan of the entire area to be developed, which shows location and size of buildings, the area of the land under consideration, street names and widths, parking area size, and all other items required on the site plan checklist (Section 17.12.150(K)). A site plan is required for all PUD's, all new multi-family residential buildings consisting of sixteen or more living units, all new public, commercial and industrial buildings, and churches, and all exterior additions, of one thousand square feet or larger, to multi-family residential buildings, existing public, commercial and industrial buildings, and churches.
"Site plan agreement" means an agreement entered into between the owner and the city for various improvements to be made to the site in accordance with provisions of this title.
"Sleeping room" means a room containing no kitchen facilities, which may or may not have a private bath, and which is rented on a permanent or temporary basis.
"Solar collector" means one of the following which is capable of collecting, storing or transmitting at least twenty-five thousand BTU's on a clear winter solstice day:
a.
A wall, clerestory or skylight window designed to transmit solar energy into a structure for heating purposes;
b.
A greenhouse attached to another structure and designed to provide part of the heating load for the structure to which it is attached;
c.
A trombe wall, "drum wall," or other wall or roof structural element designed to collect and transmit solar energy into a structure;
d.
A photovoltaic collector designed to convert solar energy into electric energy;
e.
A plate-type collector designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating or for other applications; or
f.
A massive structural element designed to collect solar energy and transmit it to internal spaces for heating.
"Solar right" means a property right to an unobstructed line-of-sight path from a solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector. The extent of the solar right shall be described by the illumination provided by the path of the sun on the winter solstice day which is put to a beneficial use or otherwise determined by 1977 Wyoming Statutes Sections 34-22-101 through 34-22-106 as amended.
"Specialty shop" means a business which specializes in the sale of one kind of product and closely related products such as a bookstore, a fabric store, or a florist shop.
"Spot zoning" means the singling out of a particular property or small groups of properties for different treatment from that accorded to similar surrounding land; which is contrary to the general pattern of zoning in the surrounding geographic area and is not in accordance with the comprehensive plan; and, which is designed solely for the economic benefit of the owner of the property receiving special treatment.
"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty calendar days of the permit date. The actual start means the first placement of permanent improvements on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent improvements does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
"Static message" means a sign message/frame that does not have movement, or the appearance or optical illusion of movement during the display period.
"Storage" means the act of depositing goods, wares, and/or merchandise in any structure, or part of a structure.
Storage, Open. "Open storage" means a contained or restricted area used for storing materials or new and used vehicles not awaiting repair or demolition.
Store, Retail. "Retail store" means a use devoted to the sale of goods and services.
Store, Wholesale. "Wholesale store" means a use devoted to the wholesaling of goods.
"Story" means that part of a building between the surface of a floor and the ceiling immediately above, but not including a basement.
"Street" means that portion of an easement of ground designated and dedicated to the public to accommodate a thoroughfare, avenue, road, highway, boulevard, parkway, drive, circle, court, or lane within the city.
Street, Arterial. "Arterial street" means the main channels for the movement of traffic in an urban area and are generally wider than local streets and are given preference in signing and signalization.
"Street frontage" means the linear dimension of that side of a lot or parcel abutting a public or private street that provides principal access to or visibility of the premises.
Street, RV Park. "RV park street" means that portion of the RV park so designated to afford access to, or from, a public way and which is maintained by the RV park operator.
Street, Private. "Private street" means a portion of a lot, tract, parcel, subdivision, PUD, or development so designated to afford access to or from a public way and which is used and maintained by the property owners, for their private use only.
"Street right-of-way" means that portion of ground dedicated to the public for use of the public for access, recreation, or temporary parking of motor vehicles.
"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"Sundry shop" means a business which sells, on a retail basis, numerous kinds of products such as a drug store, a variety store, a craft shop, a gift shop, etc.
Tandem Parking Space, Stacking. "Stacking tandem parking space" means a parking space which provides for the parking of vehicles, one behind the other.
"Temporary" means a period not to exceed thirty calendar days.
"Thrift shop" means a shop which sells new and used merchandise, predominantly used. All such materials shall be displayed and/or stored in an enclosed building.
"Tower" means any ground, roof or otherwise mounted pole, spire, structure or combination thereof that is fifteen feet or greater in height above the ground, including supporting lines, cables, wires, braces, masts or other structures, for the purpose of mounting an antenna, meteorological device or similar apparatus aboveground.
"Townhouse" means a single-family dwelling unit constructed as part of a series of two or more single-family dwelling units sharing a common vertical wall and a common lot line, and which is located on a single, individually owned lot.
"Tract" means a continuous expanse of land under single ownership.
"Trade school" or "business school" means a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, or hairdressing, or for teaching industrial skills in which machinery is employed as a means of instruction or business skills. A trade school shall include, but is not limited to, facilities which perform the necessary lab functions to support career training programs, including facilities for heavy and mechanical equipment, painting shops, building construction and metal fabrication/welding shops. This definition shall not be deemed to include school as defined in this title.
"Trailer van" means a highway or industrial type vehicle designed with or without wheels to be hauled, pulled as by a tractor or motor vehicle over the highway, and used for temporary storage.
Trailer Van, Construction. "Construction trailer van" means a trailer van used by licensed contractors in the construction of buildings, installation of utilities in new or existing buildings or subdivisions, or on street construction projects.
"Transient sales lot" means any area that is used exclusively for the sale or taking of orders for any merchandise, where such sales or order taking are not part of the operation of an established business or where no permanent physical structures or facilities are used as integral parts of the sales or order taking operation.
"Transition" means the visual effect of changing from one frame/message to another frame/message on an electronic message center sign or digital off-premises advertising sign.
"Transitional area" means an area used as a buffer between different intensities of use or different zoning districts.
"Transportation terminal" or "transportation depot" means a facility specifically designated for the storage, transfer, or boarding and unloading of material or persons such as a bus station, a railroad station, etc.
Tree Farm. See Nursery.
"Truck stop" or "car stop" means an establishment primarily designed for the purpose of providing legally stored vehicle engine fuels, kerosene or motor oil, and lubricants or grease, on a full and some self-service basis to semi-trucks, which may include similar services for car/truck stop facilities, restaurant facilities, and/or overnight sleeping facilities.
"Twin home" means a combination of no more than two single-family dwelling units with each individual dwelling unit located on its own legal lot, and sharing a common lot line and a common vertical wall.
"Unit space" means a designated plot of ground within a manufactured home (mobile) park for the accommodation of one unit.
Use, Permitted. "Permitted use" means a use which is allowed.
"Variance" means a variation or adjustment of the strict application of this title in the case of an irregular, narrow, shallow, or steep lot or other physical condition applying to a lot which is not customary to the abutting lots, and would result in practical difficulty or unnecessary hardship that would deprive the owner of reasonable use of the land involved.
"Vehicle" means a device in, upon, or by which any person or property may be transported or drawn upon a highway excluding devices moved by human power or used exclusively upon rails or tracks, implements of husbandry, machinery used in construction work not mainly used for the transportation of property over highways, and pedestrian vehicles while operated by a person who by reason of a physical disability is otherwise unable to be mobile as a pedestrian.
Vehicle, Compact. "Compact vehicle" means any vehicle with dimensions less than sixteen feet long, six feet wide, and five feet in height.
Vehicle, Handicapped. "Handicapped vehicle" means any vehicle lawfully displaying an identification sticker as legally issued for handicapped parking.
Vehicle, Standard. "Standard vehicle" means any vehicle other than a handicapped vehicle or a compact vehicle.
"Warehouse" means a structure or part of a structure, public or private, for storing goods, wares, and merchandise, whether for the owner or others.
"Warehousing" means the storing or securing of goods, wares, and merchandise in a warehouse; any structure or part of a structure.
"Water connection" means the connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the recreational vehicle.
Watercourse, Major. "Major watercourse" means a natural stream of water fed from permanent or periodical and natural sources and usually flowing in a particular direction in a defined channel, having a bed or bank and sides, and usually discharging itself into some other stream or body of water.
Water Supply, Public. "Public water supply" means any water supply being distributed by ten or more service connections, utilized to furnish water for human consumption either in preparing foods or beverages for inhabitants of residences or business establishments or as defined in Wyoming State Statutes, 1977, 35-11-103 (C) (viii), as amended.
"Wholesale" means the process of buying in large quantities from the producer or manufacturer and selling the same to jobbers or to retail dealers.
Workshop Scale Manufacturing, Assembling, or Packaging of Products from Previously Prepared Materials. "Workshop scale manufacturing, assembling, or packaging of products from previously prepared materials" means a facility where previously prepared materials are modified or repaired using labor intensive techniques as opposed to capital intensive mass production assembly techniques. Employees within a workshop scale manufacturing facility are characterized as craftsmen as opposing to factory assembly workers.
"Wrecker service" means the towing of wrecked, damaged or inoperable vehicles from one location to another location. Such service shall not include the storage or junking of the towed vehicles.
"Wrecking" means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, obsolete or wrecked vehicles or their parts.
"Wrecking yard" means any establishment or place of business which is maintained or used for the storage, keeping, buying, or selling of wrecked, scrapped, or dismantled motor vehicles or parts thereof.
"Yard" means the unoccupied and unobstructed open space on the same lot with a main building.
Yard, Front. "Front yard" means an open space extending the full width of the lot, between the front lot line and the nearest building line of the main building.
Yard, Rear. "Rear yard" means an open space extending the full width of the lot, between the rear lot line and the nearest building line of the main building.
Yard, Side. "Side yard" means an open space between the main building and the side lot line, extending from the front yard to the rear yard. The distance is measured from the nearest point of the side lot line to the nearest point of the outside wall or foundation of the main building.
"Zoning certificate" means a form issued by the city planning department indicating the zoning of a legally described parcel of land.
(Ord. 28-08 §§ 1—3, 2008; Ord. 28-04 § 1, 2004; Ord. 3-03 § 1, 2003; Ord. 23-02 § 1, 2002; Ord. 27-01 §§ 1—2, 2001; Ord. 14-00 § 1, 2000; Ord. 6-99 § 1, 1999; Ord. 14-98 § 4, 1998; Ord. 21-97 §§ 1, 2, 1997; Ord. 20-97 § 1, 1997; Ord. 11-95 § 1, 1995; Ord. 20-94 § 1, 1994; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)
(Ord. No. 8-11, §§ 1, 2, 3-1-2011; Ord. No. 12-11, § 1(A), 3-21-2011; Ord. No. 13-11, § 1, 3-21-2011; Ord. No. 16-11, §§ 1(A), 2(A), 3(A), 11(A), 13(A), 4-19-2011; Ord. No. 15-12, § 1, 5-1-2012; Ord. No. 29-14, §§ 1, 2, 12-2-2014; Ord. No. 2-23, § 1, 3-7-2023)
08 - DEFINITIONS
"Abut" means to be contiguous to or immediately adjoining (e.g., two lots with a common property line are considered to be abutting).
"Access aisles" means a way or means by which vehicles leave and enter or travel through a parking lot.
"Accessory building" means a subordinate and detached structure, the use of which is incidental to the use of the principal building on the same lot, parcel, or tract. Accessory buildings shall include detached garages, noncommercial greenhouses, carports and garden and/or tool sheds.
"Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a single-family dwelling unit that provides basic requirements for living, sleeping, eating, cooking and sanitation. Either the principal dwelling unit or the accessory dwelling unit must be occupied by an owner of the property, or an immediate family member of the property owner. An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.
"Accessory living quarters" means living quarters within an accessory building and which occupy no more than twenty-five percent of the area of a principal building on the same lot, parcel, or tract, and which are used for the sole purpose of persons employed on the premises. The following uses are included in this definition: servants' quarters, manager's quarters, and rectories or parsonages in association with churches.
"Accessory use" means a noncommercial use dependent upon or pertaining to the principal or main use. Such use must be incidental to the principal or main use; and, (a) constitute a use which is secondary in significance to the principal or main use; and, (b) be reasonably related to the main use.
"Administrative officer" means the city manager of the city or the city manager's designated appointee.
Agriculture, Urban. "Urban agriculture" means orchards, gardens, food animals, and other agriculture produce produced for consumption by those responsible for maintenance of the lot.
"Aggrieved party" means a person whose legal rights have been detrimentally affected by a decision, action or rule of law.
"Alley" means a minor private or public thoroughfare, other than a dedicated half street, which is less than thirty feet wide, upon which the rear of land or building lots generally abut, and which affords a secondary means of vehicular access to the land, buildings or lots.
Alterations, Structural. "Structural alterations" means a major change in the load bearing or non-load bearing members of the building, such as bearing walls, partitions, volume beams or girders. Any enlargement in the size or height of a building shall be construed to be a structural alteration.
Alterations, Substantial. "Substantial alterations" means any change in, or enlargement of, any building or other improvement regulated by this title that will: (a) upon completion, effect a change in the use; or, (b) enlarge the floor area thereof of the structure being altered.
"Amateur radio operator" means an operator who uses a radio and/or communication device for noncommercial, personal use.
"Ambient light" means the existing light condition surrounding an area. The light source may be sunlight, or artificial light, or a combination of both.
"Amusement center" means a business, the primary purpose of which is to provide entertainment, including electronic games, billiard tables or pinball machines, etc.
"Animal boarding and treatment center" means an establishment where animals are admitted for examination, treatment or care by a doctor of veterinary medicine, and which does include outside runs and kennels. Boarding for all purposes is allowed.
"Animal hospital or clinic" means an establishment where animals are admitted principally for short-term treatment, examination or care by a doctor of veterinary medicine. Boarding is provided only for medical purposes or treatment.
Animals, Food. "Food animals" means poultry, sheep, ducks, geese, rabbits, cattle, swine and other animals raised for the purpose of food consumption.
Animals, Pleasure. "Pleasure animals" means horses, donkeys, burros and llamas kept for recreational pastime.
"Animal shelter" means a building or premises in which unwanted or lost animals and fowl are housed, confined, treated and cared for.
"Antenna" means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
"Apartment" means a suite of two or more rooms in a multiple-family dwelling, or in any other building excluding a single-family dwelling and suitable for occupancy as a dwelling unit for one family.
Apartment, Efficiency. "Efficiency apartment" means a room within a multifamily dwelling providing minimum housing accommodation for occupancy by not more than two persons, which shall include a private bath and may include kitchen facilities, all of which shall provide a minimum interior floor area of three hundred square feet.
"Apartment house" means a building, or a portion thereof, designed for a residence by two or more families of persons living independently of each other in separate apartments.
"Area of special flood hazard" means the land in the floodplain subject to one percent or greater chance of flooding in any given year.
Arcade. See Amusement center.
"Assisted living" means a dwelling or roominghouse operated by a person, firm or corporation engaged in the business of operating a facility for the purpose of letting rooms for rent and providing meals, personal daily living care and limited nursing care for persons not related to the owner.
"Automobile park" means an area used as a combined sales and service center for one or more automobile/truck dealerships and similar compatible uses such as automobile repair shops, detail work shops, muffler shops, vehicle accessory sales shops, and motorcycle sales, planned and developed as one site, and including business or commercial uses as determined compatible by the commission.
"Automobile repair shop" means a place where engine fuels may be purchased and the following services may be obtained: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and, painting and undercoating of vehicles.
"Automobile sales area" means an area used for the display, sale, or rental of new or used automobiles and trucks, where no repair work is done except minor incidentals.
"Automobile service center" means an establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such parts and fixtures on or in such vehicles, but excluding the space for major outside storage. Said automobile service center may be operated in conjunction with a large retail establishment as an accessory use.
"Automobile service station" means a structure where any automobile engine fuel is stored and retailed, kerosene, motor oil, lubricants, or greases are retailed directly to the public with some full-service provision, and which may include a carwash facility and sale and provision of minor accessories and services for automobiles.
"Awning" means a movable shelter that can be retracted, folded, or collapsed against the face of the supporting building.
Bar, Tavern, Cocktail Lounge. "Bar," "tavern," or "cocktail lounge" means any licensed establishment where any amount of alcoholic beverages is sold for consumption on or off the premises.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
"Bed and breakfast" means a service in exchange for payment of providing lodging in a residential dwelling with breakfast for not more than seven consecutive days.
"Bed and breakfast homestay" means a private, owner-occupied residence with a maximum of two guest rooms, and which is subordinate and incidental to the main residential use of the dwelling; and where the length of the stay is limited to seven consecutive days.
"Bed and breakfast inn" means a service approved as a business, even though the owner may not live on the premises.
"Block" means an area of land within a platted subdivision that according to the plat is entirely bounded by streets or a street and railroad right-of-way, natural barrier or adjacent corporate boundary.
"Block frontage" means all of the property of a given block or any portion thereof lying adjacent to a public street or highway.
"Boardinghouse" means a building other than a hotel or motel, where for compensation and by prearrangement for definite periods, lodging, and/or lodging with meals are provided for three or more persons, but not exceeding twenty persons who reside on the premises.
"Branch community facilities" means a public, noncommercial use established primarily for the benefit and service of the population of the community in which it is located. Examples are libraries and post offices.
"Breezeway" means a roofed, open-sided passageway connecting two buildings, such as a house and a garage. The roof of a breezeway may be either solid or open-structured. Attached two buildings with a breezeway shall not make them one building for purposes of determining setbacks.
"Buffering" means the use of specific measures designed to separate and protect differing land uses on separate properties. See Appendix C.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy. When divided by a common wall or walls, it may be deemed two separate buildings.
Building, Detached. "Detached building" means a building having no common wall or structure in connection with any other building.
"Building frontage" means the horizontal, linear dimension of that side of a building that abuts a street, parking area, mall, or other area open to the general public and that has either a main display window or a public entrance to the building.
"Building height" means the vertical distance above grade, as defined herein, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.
"Building line" means the minimum setback line.
Building, Nonconforming. "Nonconforming building" means a building existing at the time of the adoption of the ordinance codified in this title which fails to comply with the regulations of this title pertaining to the zone in which the building is located.
"Building official" means the city manager or the city manager's designated representative.
"Bulk plant" means a storage facility for products refined from petroleum, mineral resources, or any other combustible substance.
"Canopy" means a permanently roofed shelter covering a sidewalk, driveway, or similar area. It may be supported entirely by a building or partially or entirely supported by columns, poles, or braces extended from the ground.
Certificate (Child Caring). "Child caring certificate" means the authority to carry on and operate a child caring facility issued by the Wyoming Department of Health and Social Services, or similar state agency, and operating as the agency which issues certificates, makes inspections (or causes same to be made), enforces the standards, and handles all administrative details affecting the enforcement of state statutes relating to child caring facilities.
"Child care center" means any private person, partnership, association or corporation that is operating a business for profit or otherwise, where sixteen or more children receive care for part of the day.
"Church" means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, chapel or other such place for worship and religious activities.
"City manager" means the chief administrative officer of the city, whose duties are established by Wyoming Statutes and by the city council.
Classroom, Temporary. "Temporary classroom" means a portable building designed to be moved from one public school site to another and used for classroom purposes. The building shall not be placed upon a permanent foundation or remain at a given site for a period exceeding two years without an exception being granted.
"Clinic" means an establishment where patients are admitted for special study and treatment by two or more licensed physicians and/or dentists and their professional associates, as distinguished from a medical office established for general consultation purposes.
"Club" or "lodge" means a building used by a group of people who are members of a society, association, organization, fraternal organization, etc., for meetings, social events, and/or operations of the society, association, organization, etc.
"Cluster development" means a development designed as a complete and integrated unit in which the individual units are concentrated on the portion of the site most suitable for development, and within which prescribed minimum standards for site area, setbacks, and the bulk and spacing of buildings may be modified to achieve preservation of open space areas of twenty percent or more of the total acreage exclusive of parking and roadways.
"Commercial wireless telecommunication services" means licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
"Commission" means the planning and zoning commission of the city.
"Common lot line" means any single lot line that serves as a boundary for two adjoining lots.
"Common wall" means an unbroken wall shared by two or more separate buildings.
"Comprehensive plan" or "comprehensive land use plan" means the general plan for land use, transportation, and community facilities prepared and maintained by the commission and adopted by the council.
"Conditional use" means a use which runs with the land may be allowed as provided herein subject to certain restrictions or conditions on the location, size and other performance standards, as may be imposed by the commission or the council, after considering the effect upon the neighborhood in which it is proposed, including aesthetic considerations and conformity to the comprehensive plan.
"Conditional use permit" means a legal authorization for a conditional use issued by the commission, consisting of two parts: (a) a written statement of factual determination by the commission which justifies the issuance of the permit; and, (b) a written statement of specific conditions that must be met and maintained in order for the use to be permitted and continued.
"Condominium" means a separate fee simple estate in an individual air space unit of a multi-unit property together with an undivided fee simple interest in common elements. As used in this definition, individual air space unit shall consist of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes, and which has access to a public street. Common elements means the land on which a building or buildings are located, foundations, structural elements of the building, such as columns, girders, beams, roofs, halls, corridors, stairs, lobbies, entrances and exits of such building or buildings, parking areas, storage spaces, installations of utility services, including all apparatus and appurtenances thereto, and such other community and commercial facilities as may be provided for in any declaration defining the elements of the condominium ownership.
"Condominium conversion" means the conversion of residential, commercial, office or industrial buildings to the condominium form of ownership.
Construction, New. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this title.
Convenience Establishment, High Volume. "High volume convenience establishment" means an establishment primarily designed for the purpose of providing legally stored vehicle engine fuels, kerosene or motor oil, and lubricants or grease, on a full- or self-service basis to the traveling public and commercial haulers, which may include restaurant facilities, shower facilities, and/or overnight sleeping facilities.
Convenience Establishment, Low Volume. "Low volume convenience establishment" means a business establishment within a building that is not more than three thousand square feet, that is designed and intended to serve the frequent trade, and service needs of the neighborhood population immediately surrounding it. Such establishments may include neighborhood groceries, drug stores, dairy stores, coin-operated laundries, dry cleaning establishments, laundry and dry cleaning agencies. Automated teller machines and recycling machines shall be located within a building and not drive-up facilities. Automobile service stations, automobile repair shops, and drive-through facilities are specifically excluded from this definition.
Convenience Establishment, Medium Volume. "Medium volume convenience establishment" means a retail building with a building area of not more than six thousand square feet in area. The primary business is selling grocery store related products and gasoline/diesel fuel. Fast in and out service is the prime feature of these businesses.
Convenience Establishment, Neighborhood. "Neighborhood convenience establishment" means a small business establishment designed and intended to serve the daily, frequent trade, or service needs of the neighborhood population immediately surrounding it. Such establishments may include neighborhood groceries, drug stores, dairy stores, coin-operated laundries, dry cleaning establishments, laundry and dry cleaning agencies. Automated teller machine and recycling machine shall be located within a building, which contains not more than one hundred twenty square feet. Filling stations, repair garages, and drive-in eating and drinking establishments are specifically excluded from this definition.
"Council" means the city council of the city of Casper.
"Credit union" means a member-owned, nonprofit, cooperative thrift institution formed for the purpose of encouraging savings by offering a return using collective moneys to make loans to members, and providing other member services on a cooperative basis operated under state and federal laws and regulations.
"Custodial care facility" means a public or privately operated facility providing custodial care for persons residing by court placement, or being held or detained awaiting trial or court placement, including, without limitation, correctional and post-correctional facilities, adult and/or juvenile detention facilities, reentry centers and correctional transitional housing. A custodial care facility shall not include "group homes," as defined in the municipal code.
"Dance studio" means a facility, the primary purpose of which is to provide instruction in the art of dancing, acrobatics, gymnastics, exercise dancing or martial arts.
Day Care, Adult. "Adult day care" means a facility providing for not more than ten adults over the age of twenty.
"Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.
"Digital off premises advertising sign" means a computer programmable, off-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
"Director" means the director of planning and community development, or his designee.
"Dissolve" means a mode of message transition on an electronic message center sign or a digital off-premises advertising sign accomplished by varying the light intensity or pattern, where the first frame/message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second frame/message.
"District" means a section (or sections) of the city which is governed by uniform regulations.
"Domestic servant" means a person employed by another person to do household duties such as a maid, a cook, a butler, a housekeeper, etc.
"Drive-in" means a business establishment so designed that a portion of its retail or service character is dependent on providing a driveway approach for motor vehicles, to serve patrons while in the motor vehicle, rather than from within the building.
"Drive-through facility" means a business establishment or that portion of a business establishment designed so that motor vehicles may form a line, in order for patrons to receive services while in motor vehicles, rather than within the building.
"Driveway" means that area on private property where vehicles are operated, parked, or allowed to stand.
"Dry lot" means a corral or pen used as an enclosure for the keeping of horses, cattle, swine, poultry, or other animals in a designated area in which feed and water is provided for the same.
Duplex. See Apartment House.
"Dwell time" means the interval of time that an electronic message center sign or a digital off-premises advertising sign frame remains static before transitioning to a new message.
"Dwelling unit" means a complete, independent living, sleeping, eating, cooking, and sanitation facility for one family.
"Easement" means a right of one person to use in some way the land of another for a special purpose.
"Electronic message center sign (EMC)" means an on-premises, changeable-copy (automatic) sign which uses light emitting display technologies or a combination of lights, or lighted or unlighted panels which are controlled electronically to produce words, symbols, pictures or messages. Includes cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic, video boards and other similar electronic technology.
"Enforcement officer" means the city manager or his/her designated appointee.
"Exception" means a modification of the general provisions of this title under particular given circumstances after it is determined that strict compliance with this title would cause undue hardship on the applicant.
"Existing manufactured home (mobile) park" or "Existing manufactured home (mobile) subdivision" means a manufactured home (mobile) park for which the construction of facilities for serving the lot on which the manufactured homes (mobile) are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of the ordinance codified in this title.
"Facility" means a building, structure, etc. that facilitates or houses some particular activity; or, improvements such as water and sewer connections provided to service some activity or use.
"Fade" means a mode of message transmission on an electronic message center sign or digital off-premises advertising sign accomplished by varying the light intensity, where the first message/frame gradually reduces intensity to the point of not being legible (i.e. fading to black) and the subsequent message/frame gradually increases intensity to the point of legibility.
"Family" means one or more persons occupying as a single housekeeping unit and using common cooking and sanitary facilities, as distinguished from a group occupying a hotel, club, or boarding house.
"Family child care center - zoning review" means a child care facility in which care is provided for not more than fifteen unrelated children for part of a day. A family child care center shall be the principle residence of the provider when such a facility is located in a residential zoning district. A conditional use hearing with the planning and zoning commission is required in residential districts.
"Family child care home" means a child care facility in which care is provided for three to eight unrelated children from more than one immediate family for part of a day in the home of the provider.
"Family child care home - zoning review" means a child care facility in which care is provided for nine or ten unrelated children from more than one immediate family for part of a day in the home of the provider, where a conditional use hearing with the planning and zoning commission is required in residential districts.
Family, Immediate. "Immediate family" means husband, wife, child, stepchild, brother, sister, stepbrother, stepsister, parent, stepparent, grandchild, grandparent, mother-in-law, father-in-law.
"Fence" means a partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
"Fixture" means a chattel attached to realty and which may not be removed without doing substantial damage to the realty.
"Flagpole" in reference to a "flag lot," means a strip of land, a minimum of twenty-four feet in width, connecting the widest area of a "flag lot" to the public right-of-way, and may be used as the means of access. The minimum width of a flagpole for single-unit, residential properties in the R-1 (Residential Estate) and R-2 (One Unit Residential) Zoning Districts, for lots platted prior to January 1,2023, is twelve feet. The minimum width of a flagpole for single-unit, residential properties in the R-1 (Residential Estate) and R-2 (One Unit Residential) Zoning Districts, for lots platted after January 1, 2023, is fifteen feet.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry areas from: (a) the overflow of inland or tidal waters; and/or, (b) the unusual and rapid accumulation or runoff of surface waters from any source.
"Floodplain district" means an area designated on the most current flood insurance rate map prepared by the Federal Emergency Management Agency.
"Flood insurance rate map (FIRM)" means an official map, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zone applicable to the city.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain approval" means a request for a review of the city's interpretation of any provision in the floodplain district or a request for a variance in said floodplain district.
"Floodway" means the channel of a river or other water course and the adjacent land areas that must be reserved in order to allow the discharge of base flood without cumulatively increasing the water surface elevation more than one foot.
Flood Area, Gross. "Gross flood area" means the total floor area designed for tenant (owner) occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet, and measured by the bases of interior walls, excluding common areas such as stairways, halls, storerooms, mechanical rooms, landings, etc.
Floor, Lowest. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.
"Footcandle" means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one-foot.
"Footing" means that portion of the foundation of a structure which spreads and transmits loads directly to the soil or piles.
"Fowl" means any of the large domesticated birds used as food (chicken, ducks, turkeys, etc.).
"Foundation wall" means the structure of brick, stone, concrete, steel, wood, or iron which transfers the building load to the ground.
"Frame" means a complete, static display screen on an electronic message center sign or digital off-premises advertising sign.
"Full motion video" means a sign feature with simulated continuous movement created by the display of a series of images, typically consisting of a recorded actual event or scene.
"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
1.
Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries; of contracts;
2.
Bona fide business transactions which are valid under the law of contracts;
3.
Other acts or transactions now or hereafter expressly authorized by law;
4.
Raffles or bingo conducted, or pull tabs sold, by charitable or nonprofit organizations where the tickets for the raffle or bingo are sold only in this state and the pull tabs are sold only on the premises owned or occupied by the charitable or nonprofit organization;
5.
Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling; or
6.
Calcutta wagering on contests or events conducted by a bona fide nationally chartered veterans', religious, charitable, educational or fraternal organization or nonprofit local, civic or service club organized, or incorporated under the laws of this state; provided, that:
a.
The contest or event is conducted solely in this state;
b.
Any rules affecting the contest or requirements for participants are clearly posted;
c.
The total prizes or prize money paid out in any one contest or event does not exceed ninety percent of the total wagers;
d.
A minimum of ten percent of the total wagers on each contest or event does not exceed ninety percent of the total wagers;
e.
No separate organization or professional person is employed to conduct the contest or event or assist therein;
f.
The sponsoring organization, before conducting the contest or event, gives thirty days' written notice of the time and place thereof, to the governing body of the county or municipality in which it intends to conduct the contest or event, and the governing body does not pass a resolution objecting thereto;
g.
The sponsoring organization has complied with the relevant sections of the Internal Revenue Code of 1954, as amended, relating to taxes on wagering.
"Gambling device" means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.
"Gambling premises" means any building, room enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. Any place where a gambling device is found, is presumed to be intended to be used for professional gambling.
"Gambling proceed" means all money or property at stake or displayed in, or in connection with, professional gambling.
"Gambling professional" means:
1.
Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or
2.
Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.
"Gambling record" means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.
"Gaming area" means the gross floor area which includes the actual gaming devices and adjacent areas necessary to use or service the gaming device such as aisleways, seating and standing areas devoted to gaming device operation.
Gaming/Gambling. For the purpose of this title, "gaming and gambling" shall have the same meaning and may be used interchangeably.
"Gaming establishment" means an establishment so licensed for gaming or gambling activity under the laws of the state of Wyoming.
Garage, Private. "Private garage" means an enclosed building, structure, or portion thereof, that fronts on any street or alley and can be used for the storage of any vehicle or other personal property for persons living on the premises, and having no public shop or service in connection therewith. (For apartment houses, each apartment unit will be permitted a double stall garage or equivalent space in a larger structure.)
Garage, Public. "Public garage" means a place where the following services may be performed: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, and fender straightening and repair, painting and undercoating of automobiles, and the sale of engine fuels legally stored.
"Garage sale" means a noncommercial function held for the purpose of selling household or personal items such as, but not limited to, tools, furniture, toys, appliances, and personal belongings, by the residents of the dwelling and lasting a maximum of three consecutive days.
"Grade" means the ground adjoining the building or structure on all sides.
Grade Level. "Grade level" means the average point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line.
"Grocery store" means a retail establishment whose primary business (more than fifty percent of total sales) is selling food or food products, and has a floor area greater than four thousand square feet.
"Ground anchors" means any device designed for the purpose of securing a manufactured home (mobile) or other accessory structures to the ground.
"Group home" means an establishment used to provide twenty-four hour care or supervision, by persons living on the premises who, by reason of circumstances, require daily care or supervision. "Care" is defined as room and board, and the provision of a planned treatment program, "Planned treatment" means a previously determined program of counseling, therapy, or other rehabilitation social service which provides for a group of persons of similar or compatible circumstances or conditions.
"Health officer" means the administrator of the department of health and medical services, Wyoming Department of Health and Social Services, or his authorized representative (city-county health department).
"Historic site" means any structure or site officially approved by the council as having significance to the city or any site or structure officially designated by the state or the federal government as having historical significance.
Homes for the Homeless (Shelters). "Homes for the homeless" includes:
a.
Long-Term Shelters. Long-term, nonprofit accommodations for individuals and families who have been displaced from their homes. For the purpose of this section, long-term means a period of more than six months, but less than twelve months.
b.
Short-Term Shelters. Nonprofit facilities that provide short-term nightly accommodations for indigent people without homes. For the purpose of this section, short-term means for a period of less than six months.
"Hotel" means a building in which lodging is provided and offered to the public for compensation.
Hospital, Mental. "Mental hospital" means an institution licensed by state or federal agencies under the provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders.
"Illuminance" means the photometric quality most closely associated with the perception of brightness and a measurement of the intensity of light falling on a surface at a given distance from the light source. Illuminance can be measured with a footcandle meter, also known as a luxmeter.
Improvement, Substantial. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure based on the administrative authority or a bona fide appraisal of the property either before the improvement or repair is started or, if the structure has been damaged and is being restored immediately, before the damage occurred.
"Junkyard" means a place in excess of two hundred square feet, where waste discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel material and equipment; but not including places where such uses are conducted entirely within a completely enclosed building.
Kennel, Commercial. "Commercial kennel" means any lot or premises on which more than three dogs, cats, or other pets are kept, boarded, bred, or sold, and which may provide outdoor animal pens and runs.
"Landscaping" means the use of forms of planting and vegetation or nonliving inorganic durable materials identified below, to enhance the visual attractiveness of a site and improve erosion control. Landscaping shall include any of the following:
a.
Formal turf areas;
b.
Trees, shrubs, bushes, groundcover, or planting;
c.
Sprinkler systems;
d.
Decorative rock, natural or man-made;
e.
Gardens, exposed aggregate, tile, or similar decorative materials used in walkways, excluding sidewalks on public property, driveway approaches, and any architectural features attached to the building;
f.
Decorative lighting;
g.
Benches, tables, fountains, waterfalls and man-made streams, planters, kiosks, and public transit shelters;
h.
Decorative fences and retaining walls, i.e., railroad ties, flagstone;
i.
Ponds, excluding detention and retention ponds as defined in this chapter.
"License" means a permission accorded by a competent authority conferring the right to do or forbid from doing some act, which without such authorization would or would not be allowed, illegal, or would be a trespass or a tort.
"Lighted recreational facility" means any outdoor area used as an arena, field, court, course, etc., which is lighted and usable for the purposes of recreation during evening hours.
"Loading space" means an off-street space for the standing, loading, and unloading of goods, to avoid undue interference with the public use of streets and alleys.
"Lot" means a portion of a subdivision or parcel of land used for building development.
"Lot area" means the total area of a lot on a horizontal plane bounded by lot lines.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more intersecting streets with a boundary thereof bordering each street. A corner lot shall be presumed to have two frontages. Both front yards shall follow the required setbacks established for each zoning district.
"Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.
Lot, Flag. "Flag lot" means a platted parcel of property shaped like a "flag" or "panhandle" with its widest area set back some distance from a publicly dedicated and improved street, and having a strip of land ("flagpole") that provides the property with frontage on a public street.
"Lot lines" means the boundaries/perimeters of a lot. See Figure 17.08.010B.
Lot Line, Front. "Front lot line" means, for an interior lot, that line separating the lot from the street right-of-way. See Figure 17.08.010B.
Lot Line, Rear. "Rear lot line" means the lot line opposite the front lot line. In case of an irregular shaped lot, the rear lot line shall be an imaginary line not less than ten feet in length and parallel to the front lot line. See Figure 17.08.010B.
Lot Line, Side. "Side lot line" means any lot line other than the front or rear lot line. See Figure 17.08.010D.
Lot Line, Zero. "Zero lot line" means a side or rear lot line which has either no setback or less than the minimum setback as permitted in the zoning districts. See Figure 17.08.010C.
Lot, Through. "Through lot" means a lot having two frontages on parallel or approximately parallel streets.
"Lot width" means a straight line distance between the side lot lines at the front property line.
"Major watercourse" means a natural stream of water fed from permanent or periodical nature sources and usually flowing in a particular direction in a defined channel. See Figure 17.08.010E.
"Manufactured home" means a single-family residential structure transportable in one or more sections, which when assembled equals or exceeds twenty-four feet in width, and thirty-six feet in length. Such structure is designed to be attached to a permanent foundation, was constructed after January 15, 1976, and is built in compliance with either the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD), or the Uniform Building Code, as adopted.
Manufactured Home (Mobile), Certified. "Certified Manufactured (mobile) home" means a structure, transportable in one or more sections, which equal or exceeds eight feet in width or thirty-two feet in length, and is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and is constructed in accordance with the Manufactured Home (Mobile) Construction and Safety Standards of the U.S. Department of Housing and Urban Development, or if constructed prior to June 15, 1976, is built in accordance with ANSI Standards, Bulletin #1.119.1 as amended.
"Manufactured home (mobile) park expansion" means the preparation of additional sites by the construction of facilities for servicing lots on which manufactured homes (mobile) are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
"Manufactured home (mobile) park" means a parcel or contiguous parcels of land divided into two or more manufactured home (mobile) spaces for rent or lease.
Manufactured Home (Mobile) Park, Existing. "Existing manufactured home (mobile) park" means a manufactured home (mobile) park for which the construction of facilities for servicing the lot on which the manufactured home (mobile) is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets), and which is completed before the effective date of the ordinance codified in this title.
"Mobile home contractor" means a person who may conduct, carry on, or engage in the business of connecting, blocking, leveling, skirting, and all other above ground requirements necessary to place a manufactured home (mobile) in established parking areas.
Mobile Home, Independent. "Independent mobile home" means a manufactured home (mobile) which has both flush toilet and a bath or shower.
"Mobile home installer" means a person who labors at the trade, or receives compensation in any form for connecting the gas, waste, and/or water lines in a manufactured home (mobile) as an employee of a manufactured home (mobile) contractor.
"Modular home" means a residential structure transportable in one or more sections, which when assembled equals or exceeds twenty-four feet in width, and thirty-six feet in length. Such structure, and all additions thereto, are designed to be attached to a permanent foundation, and are built in compliance with the Uniform Building Code, as adopted.
"Montessori" means a system of training and teaching young children devised in 1907 by Maria Montessori, which emphasizes training of the senses and aims at self-education through guiding, rather than controlling the child's activity.
"Motel" means a series of commercial rental units containing bedroom, bathroom, and closet space which provides overnight lodging for compensation.
"Neighborhood" means contiguous areas showing common characteristics of population and homogeneity of land use.
"Neighborhood assembly use" means those permitted or conditional land uses defined within Title 17 of the municipal code which occupy a building or portion of a building in which facilities are provided for the public or membership groups to assemble for civic, educational, political, religious, entertainment, or social purposes, with a seating capacity of fewer than six hundred persons.
"Neighborhood grocery" means a business establishment, the purpose of which is the retail sale of food or food products with a building area of not more than four thousand square feet.
"Net acre" means the number of square feet in a natural acre (43,560) less that portion which is set aside for street, easements, or other public purposes.
"Nonconforming use" means the lawful use of a building, structure or land on the effective date of the ordinance codified in this title, or amendments thereto, which does not conform to the provision of this title for the district in which it is located.
"Nursery" means a space or building, or a combination thereof, for cultivation, storage, or sale of live trees, shrubs, or plants including products used for gardening or landscaping. The definition of a nursery does not include any space or building used for the sale of fruits, vegetables, or other related products.
"Nursing home" means any institution, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization of the sick or injured, or care of any persons requiring or receiving chronic or convalescent care, not including hotels or other similar places that furnish only board and room, or either, to their guests, nor to hospitals operated by the federal government.
Nursing Home, Intermediate Care. An "intermediate care nursing home" provides a modest amount of nursing care, as defined by the Wyoming Department of Health and Social Services, with a nurse on duty twenty-four hours per day, seven days per week. The nurse shall have a minimum designation of a Practical Classification No. 1. (Practical Nurse as classified by the state.)
Nursing Home, Skilled Care. A "skilled care nursing home" provides for more than a modest amount of nursing care, as defined by the Wyoming Department of Health and Social Services, with a nurse on duty twenty-four hours per day, seven days per week. This will require a nurse with a registered nurse (RN) designation for the day shift and a licensed practical nurse (LPN) for the other two shifts. The licensed practical nurse(s) shall have a Classification No. 1.
Office, General Business. "General business office" means a structure, room, or suite of rooms in which the clerical and administrative work of a business or service for the public is performed.
Office, Professional. "Professional office" means a building where there is no display of stock or wares in trade, nor commodity sold, nor any commercial use conducted other than those incidental to the services provided. For purposes of this title professional office shall include the office of a doctor, dentist, lawyer, architect, engineer, geologist, minister of religion, insurance agent, real estate agent, real estate appraiser, accountant, or similar professions or professional services.
"Official map" means the official map of the city as adopted by the council.
Open Drainageways. See Stream Channel.
Open Space, Usable. "Usable open space" means unobstructed open space controlled and maintained by a property owners association for use by the occupants of a planned unit development, or by others for recreation. The term "useful open space" shall not include space devoted to buildings, streets, and off-street parking areas.
"Overlay" means to superimpose planned unit development over an existing lot layout and in a specific zoning district.
"Owner" means the owner of real property who was, in the last calendar year, liable for a property tax or would have been liable but for legal tax exemption.
Owner, Contract Purchase. "Contract purchase owner" means a purchase in which legal title to property remains with the seller until the purchaser has fulfilled the terms of the contract.
"Parking space" means a space required for vehicular parking of a single vehicle, which must be surfaced with asphalt or concrete, and may vary in size.
"Parkway" means that area of land located between the back of the street curb and the property line including any sidewalk or landscaping located therein.
"Paving width" means the distance so designated from the front or leading edge of the curb to the front or leading edge of the curb opposite and not necessarily the width of the right-of-way.
"Permit" means a written authorization issued by the city pursuant to law.
"Person" means any individual, person, partnership, corporation, association, governmental corporation or entity.
"Personal service shop" means a business which specializes in providing a service such as a barbershop, beauty shop, etc. A personal service shop shall not be considered a professional office for the purpose of this title.
"Pet supply shop" means a business which sells pet accessories, supplies, food, and/or small pets such as cats, dogs, etc., on a retail or wholesale basis.
"Pets" means poultry or any animal that is tamed or domesticated.
"Pharmacy" means a business where prescription drugs and medicinal aids and products are sold on a retail basis to the general public.
"Planned treatment" means a previously determined program of counseling, therapy, or other rehabilitation social service provided for a group of persons of similar or compatible circumstances or conditions.
"Planned unit development" means a type of land development designed to provide variety and diversity which may be residential, commercial, industrial, or a mixture of residential/commercial, commercial/industrial, in which buildings may be clustered and/or set on lots of a size smaller than normally required by this title. The PUD may result in an overall density, the same density, or a greater density than is required by this title. The PUD must contain large, open, park-like areas with buildings concentrated in a few areas. Individual properties may be owned in fee with open space either owned jointly or deeded to the city.
"Planning director" means the chief administrator of the planning office, directly responsible to the city manager.
Plastics, Approved. "Approved plastics" shall be classified as either CC1 or CC2, in accordance with the Uniform Building Code, the most recent version.
Platted Lot, Individual. "Individual platted lot" means a tract of land shown as a lot on a subdivision plat, which has been recorded in the office of the county clerk, in accordance with state statutes.
"Pond, Detention. "Detention pond" means stormwater runoff collected and stored in a detention pond for a short period of time, so that the outflow from the detention pond is a reduced dischargeable rate.
Pond, Retention. "Retention pond" means stormwater runoff collected and stored in a retention pond for an infinite period.
"Preschool" means any public, parochial or private school for children under kindergarten age.
"Preservation" means retaining without substantial alteration the exterior portion of an existing structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.
"Principal building" means the building or a use that complies with the purpose, permitted uses and/or conditional uses as defined in the zoning district in which the building or use is located.
"Private school" means one legally maintained by private individuals or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors.
"Property lines" means the legal boundaries of any particularly described parcel of land.
"Public entity" means a person, actual or artificial, that is recognized by law.
"Public hearing" means an administrative legal proceeding with definite issues of fact to be determined and/or with the parties having the right to be heard and have counsel present.
"Public land" means land owned, controlled, and/or operated by a governmental entity.
"Public notice" means notice given to the public generally, or to the entire community, or to all whom it may concern, or through the use of the local news media, including a newspaper of general circulation, or the recording of documents.
Publication, Legal. "Legal publication" means an official notice in a newspaper of general circulation as prescribed by state statutes.
"Raw land value" means unimproved land, land in its natural state prior to grading, construction, subdividing, or improvements such as streets, lighting, and sewers.
Real Property, Private. "Private real property" means the private interests, benefits and rights inherent to the ownership of real estate.
Real Property, Public. "Public real property" means the public interests, benefits and rights inherent to the ownership of real estate.
"Recreation center" means a facility which provides recreational activities, equipment and facilities such as swimming pools, racquetball courts, weight lifting equipment, etc., to members of the general public.
"Recreational overnight park" means land occupied or designed for temporary occupancy by any one of the following: tent, pickup camper, camp trailers, or motor home.
"Recreational vehicle (RV)" means any of the following:
a.
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, in accordance with ANSI Standards Bulletin No. 119-A.
b.
Pickup camper means a structure designed to be mounted on a truck chassis, for use as a temporary dwelling for travel, recreation, and vacation.
c.
Motor home means a portable, temporary dwelling, to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
d.
Camping trailer means a structure mounted on wheels and designed for travel, recreation, and vacation use.
"Recreation vehicle parking area" (overnight parks, destination parks, primitive parks, or campgrounds) means a parcel of land in which two or more spaces are occupied or intended for occupancy by recreational vehicles for transient dwelling purposes.
"Recreational vehicle sewer connection" means the connection consisting of all pipes, fittings, and appurtenances from the drain outlet of the recreational vehicle to the inlet of the corresponding sewer riser pipe of the sewage system serving the recreational vehicle parking areas.
"Recreational vehicle space" means a parcel of land in a recreational vehicle parking area for the placement of a single recreational vehicle and the exclusive use of its occupants and accessory structures.
"Recycling center" means a structure or storage area whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled, including, but not limited to, scrap aluminum, paper, plastic and bottles are processed.
"Regional assembly use" means those permitted or conditional land uses defined within Title 17 of the municipal code which occupy a building or portion of a building in which facilities are provided for the public or membership groups to assemble for civic, educational, political, religious, entertainment, or social purposes, with a seating capacity of six hundred persons or more.
"Sanitary station" means a facility provided for the emptying and flushing of hoses or sewage holding tanks of recreational vehicles.
School, Elementary, Junior, and Senior High. "Elementary school," "junior high school" and "senior high school" means any public, parochial or private school for any grades, including kindergarten and/or between first and twelfth, that may or may not be accredited by the Wyoming Department of Education.
School, Park Concept. "Park concept school" means the siting of a school adjacent to a public park, creating a combination of open space/recreational uses.
"Scrolling message" means a mode of message transition on an electronic message center sign or digital off-premises advertising sign where the message appears to move vertically or horizontally across the display surface. For the purpose of regulating electronic message center signs and digital off premises advertising signs, scrolling shall refer to text only, and not images or symbols which shall instead, be considered either animated signs or full motion video signs.
"Service building" means a building for a manufactured home (mobile) park or other residential development, housing facilities such as mail facilities, recreation facilities, toilet and bathing facilities, etc.
"Service riser pipe" means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each recreational vehicle space.
"Service sink" means a sink used for cleanup purposes within the service building.
"Setback" means the distance required to comply with the front, side, or rear yard provisions of this title. See Figure 17.08.010D.
"Short duration" or "temporary" means a period not to exceed thirty calendar days.
"Sign" means any identification, description, illustration, or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public, which directs or draws attention to a product, service, place, activity, person, institution, business, or solicitation including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey commercial information.
Sign, Accessory. "Accessory sign" means a sign which is accessory to the principal use of the premises.
Sign, Animated. "Animated sign" means any sign which includes simulated movement, action or motion created by the display of a series of pictures or images.
Sign, Changeable Copy (Automatic). "Automatic changeable copy sign" means a sign or electronic message center on which the copy or image changes automatically on a lampbank or display through a programmed or remote electronic or mechanical means.
Sign, Changeable Copy (Manual). "Manual changeable copy sign" means a sign on which copy is changed manually in the field.
Sign, Electric. "Electric sign" means any sign containing electric wiring which is attached or intended to be attached to an electrical energy source.
"Sign face" means the surface of a sign upon, against, or through which the message is displayed or illustrated.
Sign, Flashing. "Flashing sign" means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light, or where the identical message, or a portion of the message is repeated at a rapid interval (less than every two seconds) for the purpose of drawing attention to the sign.
Sign, Freestanding. "Freestanding sign" means a sign that is supported by one or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building, structure, or other sign; this term includes pole signs, pedestal signs, and ground signs. It shall not include portable signs. See Figure 17.08.010F.
"Sign height" means the vertical distance measured from the highest point of the sign or sign structure to the grade of the nearest adjacent street or to the grade of the street or highway to which the sign is directed.
Sign, Illegal Nonconforming. "Illegal nonconforming sign" means a sign that was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection and that has never been brought in conformity with all such laws.
Sign, Legal Nonconforming. "Legal nonconforming sign" means any sign that was lawfully erected and maintained prior to the enactment of the ordinance codified in this title, but that does not conform to all applicable regulations and restrictions contained herein or any sign located in an area annexed to the city since the enactment of the ordinance codified in this title that was legal at the time of its construction.
"Sign maintenance" means replacing, repairing, or repainting of a portion of a sign or sign structure or renewing of a copy that has been made unusable by ordinary wear and tear, weather, or accident.
Sign, Off-premises Advertising. "Off-premises advertising sign" means a sign including, but not limited to, billboards or general outdoor advertising devices, that advertise or direct attention to a business, commodity, service, or activity conducted, sold, or offered elsewhere than on the same lot or parcel or within the same building upon which the sign is located.
Sign, On-premises. "On-premises sign" means a sign that advertises a business and directs attention to a business, commodity, service or activity conducted, sold or offered on the same lot, parcel or within the same building upon which the sign is located.
Sign, Projecting. "Projecting sign" means a sign that extends in whole or in part fifteen inches or more horizontally beyond the surface of the building to which the sign is attached. See Figure 17.08.010F.
Sign, Real Estate. "Real estate sign" means a sign indicating the availability for sale, rent, or lease of a specific lot, building, or portion of a building upon which the sign is erected or displayed.
Sign, Roof. "Roof sign" means any sign erected upon, against, or directly above a roof or on top of or above the parapet of a building. See Figure 17.08.010F.
Sign, Rotating. "Rotating sign" means any sign or portion of a sign which moves in a revolving or similar manner.
"Sign structure" means any supports, uprights, braces, or framework of a sign.
Sign, Temporary. "Temporary sign" means any commercial sign, banner, display board, poster, or other advertising display constructed of paper, plastic, wood, cloth, canvas, light fabric, cardboard, or other light materials, with or without frames, intended to be displayed for a period of time not to exceed thirty calendar days. This definition does not include governmental flags or political signs regulated pursuant to Section 17.96.070.
Sign, Wall. "Wall sign" means a sign displayed upon or against the wall of an enclosed building, where the exposed face of the sign is in a plane parallel to the plane of the wall and extends not more than fifteen inches from the face of the wall. See Figure 17.08.010F.
"Site" means the specific location upon which a building, structure, development, use, etc., and any accessory use or building, off-street parking areas, or landscaping is located.
"Site Plan" means a plot plan of the entire area to be developed, which shows location and size of buildings, the area of the land under consideration, street names and widths, parking area size, and all other items required on the site plan checklist (Section 17.12.150(K)). A site plan is required for all PUD's, all new multi-family residential buildings consisting of sixteen or more living units, all new public, commercial and industrial buildings, and churches, and all exterior additions, of one thousand square feet or larger, to multi-family residential buildings, existing public, commercial and industrial buildings, and churches.
"Site plan agreement" means an agreement entered into between the owner and the city for various improvements to be made to the site in accordance with provisions of this title.
"Sleeping room" means a room containing no kitchen facilities, which may or may not have a private bath, and which is rented on a permanent or temporary basis.
"Solar collector" means one of the following which is capable of collecting, storing or transmitting at least twenty-five thousand BTU's on a clear winter solstice day:
a.
A wall, clerestory or skylight window designed to transmit solar energy into a structure for heating purposes;
b.
A greenhouse attached to another structure and designed to provide part of the heating load for the structure to which it is attached;
c.
A trombe wall, "drum wall," or other wall or roof structural element designed to collect and transmit solar energy into a structure;
d.
A photovoltaic collector designed to convert solar energy into electric energy;
e.
A plate-type collector designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating or for other applications; or
f.
A massive structural element designed to collect solar energy and transmit it to internal spaces for heating.
"Solar right" means a property right to an unobstructed line-of-sight path from a solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector. The extent of the solar right shall be described by the illumination provided by the path of the sun on the winter solstice day which is put to a beneficial use or otherwise determined by 1977 Wyoming Statutes Sections 34-22-101 through 34-22-106 as amended.
"Specialty shop" means a business which specializes in the sale of one kind of product and closely related products such as a bookstore, a fabric store, or a florist shop.
"Spot zoning" means the singling out of a particular property or small groups of properties for different treatment from that accorded to similar surrounding land; which is contrary to the general pattern of zoning in the surrounding geographic area and is not in accordance with the comprehensive plan; and, which is designed solely for the economic benefit of the owner of the property receiving special treatment.
"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty calendar days of the permit date. The actual start means the first placement of permanent improvements on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent improvements does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
"Static message" means a sign message/frame that does not have movement, or the appearance or optical illusion of movement during the display period.
"Storage" means the act of depositing goods, wares, and/or merchandise in any structure, or part of a structure.
Storage, Open. "Open storage" means a contained or restricted area used for storing materials or new and used vehicles not awaiting repair or demolition.
Store, Retail. "Retail store" means a use devoted to the sale of goods and services.
Store, Wholesale. "Wholesale store" means a use devoted to the wholesaling of goods.
"Story" means that part of a building between the surface of a floor and the ceiling immediately above, but not including a basement.
"Street" means that portion of an easement of ground designated and dedicated to the public to accommodate a thoroughfare, avenue, road, highway, boulevard, parkway, drive, circle, court, or lane within the city.
Street, Arterial. "Arterial street" means the main channels for the movement of traffic in an urban area and are generally wider than local streets and are given preference in signing and signalization.
"Street frontage" means the linear dimension of that side of a lot or parcel abutting a public or private street that provides principal access to or visibility of the premises.
Street, RV Park. "RV park street" means that portion of the RV park so designated to afford access to, or from, a public way and which is maintained by the RV park operator.
Street, Private. "Private street" means a portion of a lot, tract, parcel, subdivision, PUD, or development so designated to afford access to or from a public way and which is used and maintained by the property owners, for their private use only.
"Street right-of-way" means that portion of ground dedicated to the public for use of the public for access, recreation, or temporary parking of motor vehicles.
"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"Sundry shop" means a business which sells, on a retail basis, numerous kinds of products such as a drug store, a variety store, a craft shop, a gift shop, etc.
Tandem Parking Space, Stacking. "Stacking tandem parking space" means a parking space which provides for the parking of vehicles, one behind the other.
"Temporary" means a period not to exceed thirty calendar days.
"Thrift shop" means a shop which sells new and used merchandise, predominantly used. All such materials shall be displayed and/or stored in an enclosed building.
"Tower" means any ground, roof or otherwise mounted pole, spire, structure or combination thereof that is fifteen feet or greater in height above the ground, including supporting lines, cables, wires, braces, masts or other structures, for the purpose of mounting an antenna, meteorological device or similar apparatus aboveground.
"Townhouse" means a single-family dwelling unit constructed as part of a series of two or more single-family dwelling units sharing a common vertical wall and a common lot line, and which is located on a single, individually owned lot.
"Tract" means a continuous expanse of land under single ownership.
"Trade school" or "business school" means a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, or hairdressing, or for teaching industrial skills in which machinery is employed as a means of instruction or business skills. A trade school shall include, but is not limited to, facilities which perform the necessary lab functions to support career training programs, including facilities for heavy and mechanical equipment, painting shops, building construction and metal fabrication/welding shops. This definition shall not be deemed to include school as defined in this title.
"Trailer van" means a highway or industrial type vehicle designed with or without wheels to be hauled, pulled as by a tractor or motor vehicle over the highway, and used for temporary storage.
Trailer Van, Construction. "Construction trailer van" means a trailer van used by licensed contractors in the construction of buildings, installation of utilities in new or existing buildings or subdivisions, or on street construction projects.
"Transient sales lot" means any area that is used exclusively for the sale or taking of orders for any merchandise, where such sales or order taking are not part of the operation of an established business or where no permanent physical structures or facilities are used as integral parts of the sales or order taking operation.
"Transition" means the visual effect of changing from one frame/message to another frame/message on an electronic message center sign or digital off-premises advertising sign.
"Transitional area" means an area used as a buffer between different intensities of use or different zoning districts.
"Transportation terminal" or "transportation depot" means a facility specifically designated for the storage, transfer, or boarding and unloading of material or persons such as a bus station, a railroad station, etc.
Tree Farm. See Nursery.
"Truck stop" or "car stop" means an establishment primarily designed for the purpose of providing legally stored vehicle engine fuels, kerosene or motor oil, and lubricants or grease, on a full and some self-service basis to semi-trucks, which may include similar services for car/truck stop facilities, restaurant facilities, and/or overnight sleeping facilities.
"Twin home" means a combination of no more than two single-family dwelling units with each individual dwelling unit located on its own legal lot, and sharing a common lot line and a common vertical wall.
"Unit space" means a designated plot of ground within a manufactured home (mobile) park for the accommodation of one unit.
Use, Permitted. "Permitted use" means a use which is allowed.
"Variance" means a variation or adjustment of the strict application of this title in the case of an irregular, narrow, shallow, or steep lot or other physical condition applying to a lot which is not customary to the abutting lots, and would result in practical difficulty or unnecessary hardship that would deprive the owner of reasonable use of the land involved.
"Vehicle" means a device in, upon, or by which any person or property may be transported or drawn upon a highway excluding devices moved by human power or used exclusively upon rails or tracks, implements of husbandry, machinery used in construction work not mainly used for the transportation of property over highways, and pedestrian vehicles while operated by a person who by reason of a physical disability is otherwise unable to be mobile as a pedestrian.
Vehicle, Compact. "Compact vehicle" means any vehicle with dimensions less than sixteen feet long, six feet wide, and five feet in height.
Vehicle, Handicapped. "Handicapped vehicle" means any vehicle lawfully displaying an identification sticker as legally issued for handicapped parking.
Vehicle, Standard. "Standard vehicle" means any vehicle other than a handicapped vehicle or a compact vehicle.
"Warehouse" means a structure or part of a structure, public or private, for storing goods, wares, and merchandise, whether for the owner or others.
"Warehousing" means the storing or securing of goods, wares, and merchandise in a warehouse; any structure or part of a structure.
"Water connection" means the connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the recreational vehicle.
Watercourse, Major. "Major watercourse" means a natural stream of water fed from permanent or periodical and natural sources and usually flowing in a particular direction in a defined channel, having a bed or bank and sides, and usually discharging itself into some other stream or body of water.
Water Supply, Public. "Public water supply" means any water supply being distributed by ten or more service connections, utilized to furnish water for human consumption either in preparing foods or beverages for inhabitants of residences or business establishments or as defined in Wyoming State Statutes, 1977, 35-11-103 (C) (viii), as amended.
"Wholesale" means the process of buying in large quantities from the producer or manufacturer and selling the same to jobbers or to retail dealers.
Workshop Scale Manufacturing, Assembling, or Packaging of Products from Previously Prepared Materials. "Workshop scale manufacturing, assembling, or packaging of products from previously prepared materials" means a facility where previously prepared materials are modified or repaired using labor intensive techniques as opposed to capital intensive mass production assembly techniques. Employees within a workshop scale manufacturing facility are characterized as craftsmen as opposing to factory assembly workers.
"Wrecker service" means the towing of wrecked, damaged or inoperable vehicles from one location to another location. Such service shall not include the storage or junking of the towed vehicles.
"Wrecking" means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, obsolete or wrecked vehicles or their parts.
"Wrecking yard" means any establishment or place of business which is maintained or used for the storage, keeping, buying, or selling of wrecked, scrapped, or dismantled motor vehicles or parts thereof.
"Yard" means the unoccupied and unobstructed open space on the same lot with a main building.
Yard, Front. "Front yard" means an open space extending the full width of the lot, between the front lot line and the nearest building line of the main building.
Yard, Rear. "Rear yard" means an open space extending the full width of the lot, between the rear lot line and the nearest building line of the main building.
Yard, Side. "Side yard" means an open space between the main building and the side lot line, extending from the front yard to the rear yard. The distance is measured from the nearest point of the side lot line to the nearest point of the outside wall or foundation of the main building.
"Zoning certificate" means a form issued by the city planning department indicating the zoning of a legally described parcel of land.
(Ord. 28-08 §§ 1—3, 2008; Ord. 28-04 § 1, 2004; Ord. 3-03 § 1, 2003; Ord. 23-02 § 1, 2002; Ord. 27-01 §§ 1—2, 2001; Ord. 14-00 § 1, 2000; Ord. 6-99 § 1, 1999; Ord. 14-98 § 4, 1998; Ord. 21-97 §§ 1, 2, 1997; Ord. 20-97 § 1, 1997; Ord. 11-95 § 1, 1995; Ord. 20-94 § 1, 1994; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)
(Ord. No. 8-11, §§ 1, 2, 3-1-2011; Ord. No. 12-11, § 1(A), 3-21-2011; Ord. No. 13-11, § 1, 3-21-2011; Ord. No. 16-11, §§ 1(A), 2(A), 3(A), 11(A), 13(A), 4-19-2011; Ord. No. 15-12, § 1, 5-1-2012; Ord. No. 29-14, §§ 1, 2, 12-2-2014; Ord. No. 2-23, § 1, 3-7-2023)