The words and terms used, defined, interpreted or further described in this title may be construed as follows:

(a)

The particular controls the general.

(b)

"Shall" is always mandatory and not discretionary. "May" is permissive.

(c)

Words used in the present tense include the future unless the context clearly indicates the contrary.

(d)

Words used in the singular include the plural, and words used in the plural include the singular unless the context clearly indicates the contrary.

(Ord. No. 214 §§ 9-101, 9-102, 1984)

The specific words and terms in this chapter are defined as set out in this section.

Accessory structure or use: A structure or use incidental or subordinate to the main use of the property, including a home occupation, which is located on the same lot (or a continuous lot in the same ownership) with the main use.

Alley: A minor right of way dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

Boarding house or rooming house: A building other than a hotel, cafe or restaurant where, for compensation, directly or indirectly, lodging and/or meals are provided for three or more boarders and/or roomers exclusive of the occupant's family.

Building: A structure built for the support, shelter or enclosure of persons, animals, chattels, property or substances of any kind including fences.

Building coverage: Any area of a portion of a lot which is covered by all buildings on that lot.

Building height: The vertical distance measured from the lowest point of finished grade on the lot within 25 feet of the building to the uppermost point on the roof.

Business or professional office: The office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons, and any office used primarily for accounting, correspondence, research, editing or administration.

Camping unit: Any pickup camper, motor home, travel trailer, tent trailer or similar mobile unit not exceeding either eight feet in body width or 32 feet in body length and designed specifically for recreation and vacation purposes.

City, community or municipality: The Town of Dayton, Wyoming.

Comprehensive plan: The comprehensive plan for the Town of Dayton which has been officially adopted to provide long range development policies for the town and which includes, among other things, the plan for land use, housing and public facilities.

Condominium: Owner rights are limited to a definite space within the building. The land, hallways and any common facilities, such as swimming pools, tennis courts, etc., are commonly owned by the individual owners. Title is vested in the owner of each unit within a defined air space and each unit receives a common interest in the land and other elements of the complex.

Corner lot: A lot abutting upon two or more streets at their intersection or upon two parts of the same street and where, in either case, the interior angle framed by the intersection of street lines does not exceed 135 degrees.

Cul-de-sac: A street having only one outlet and being permanently terminated by a vehicle turnaround at the other end.

District: An area or areas within the limits of the town for which the regulations and requirements governing use, lot and bulk or building and premises are uniform.

Drive-in facilities: An establishment which is designed to provide, wholly or in part, service to customers while they remain in their automobiles parked upon the premises.

Dwelling, multi-unit or multi-family: A building used by two or more families living independently of each other in separate dwelling units but not including hotels, motels or resorts.

Dwelling, single-unit or single-family: A detached principal building other than a mobile home designed for or used as a dwelling exclusively by one family as an independent living unit.

Dwelling unit: One room or rooms connected together constituting a separate independent housekeeping establishment for owner occupancy or rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure, and served by not more than one gas meter and one electric meter.

Easement: Authorization by a property owner for the use by the public, a corporation, or persons, of any designated part of his property for specific purposes.

Employees: All persons including proprietors, working on the premises during the largest shift at park season.

Essential governmental or public utilities services: The erection, construction, alteration or maintenance by public utilities or municipal department of underground or overhead gas, electrical, steam or water transmission distribution systems, collections, communication, supplier-disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

Exterior remodeling: Any change which alters the exterior dimensions of a structure: length, height or width. Any exterior remodeling which changes the principal use in any way of a residential building will require a building permit.

Family: An individual or two or more persons related by blood, marriage, legal adoption or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit.

Fence, sight obscuring: A freestanding structure of metal, masonry, composition, or wood, or any combination thereof, resting on or partially buried in the ground and rising aboveground level used for confinement, screening or partition purposes, or a dense evergreen planting.

Frontage: That portion of a lot, parcel, tract or block abutting upon a street.

Garage, private: An accessory building or accessory portion of the main building designed for the shelter or storage of motor vehicles owned or operated by the occupants of the main building.

Garage, public: A garage, other than a private garage, used for the housing or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Governing body: The town council and mayor of Dayton, Wyoming.

Grade (ground level): The average of the finished ground level at the center of all walls of the building or at the center of the structure.

Guest room: A room in a hotel, apartment hotel, motel or tourist home offered to the public for compensation in which room no provision is made for cooking and which room is used only for transient occupancy.

Home occupation: An occupation carried on in the dwelling or accessory building by members of the family occupying the dwelling, with no servant, employee, or other person being engaged, provided the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor cause the generation of other than normal noise, pedestrian and vehicular traffic.

Hospital: Any building or portion thereof used for diagnosis and treatment and care of human ailments, but not including medical clinics, resthomes, convalescent homes, nursing homes and retirement homes.

Hedge: A fence or boundary formed by a dense row of shrubs or low trees.

Hotel: A building in which lodging is provided for guests for compensation in which no provision is made for cooking in the guest rooms.

Junk yard (salvage): Any lot, parcel, or tract used for storage, keeping, sale or abandonment of junk and/or the dismantling, demolition or abandonment of three or more unlicensed motor vehicles or other junk or parts thereof.

Kennel: Any premises or property of any kind or description where more than four dogs of any age are kept for any purpose.

Lot: The physical and undivided tract or parcel of land as shown on a duly recorded plat.

Lot area: The total horizontal area within the lot lines of a lot.

Lot, corner: See definition of Corner Lot.

Lot depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot, double frontage: A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

Lot, interior: A lot other than a corner lot.

Lot line, front: The property line dividing a lot from the right of way of the street. For a corner lot, the shortest street right of way line shall be considered as the front line.

Lot line, rear: The property line opposite and most distant from the front lot line and in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot that is parallel to and at a maximum distance from the front lot line.

Lot line, side: Any lot line other than a front or a rear lot line.

Lot width: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

Manufactured home: A structure, transportable in one or more sections, and when erected on site, is 800 or more square feet in area, with a minimum width of 24 feet, and which is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A manufactured home must be built in a factory and comply with the current United States department of housing and urban development's manufactured home construction and safety standards.

Mobile home: The same as defined in the mobile home ordinance of the town.

Mobile home park: The same as defined in the mobile home ordinance of the town.

Modular home: A transportable structure, usually in one or more sections, designed for use, with a permanent foundation, as a dwelling unit when connected to public utilities, and has been built in a factory in accordance with the currently adopted building codes and standards of the Town of Dayton.

Motel: A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, detached or in connecting rooms with or without cooking facilities, for rental to transients.

Municipality: The incorporated Town of Dayton, Wyoming.

Nonconforming structure or use: A lawful existing structure or use at the time the ordinance codified herein or any amendments thereto become effective which does not conform to the requirements of the zone in which it is located.

Parking, off street: Parking of motor vehicles off the public rights of way.

Parking space: A rectangular area with all weather surface nine feet by 20 feet with maneuvering and access space required for the standard American automobile to park within the rectangle.

Person: Every natural person, firm, partnership, association or corporation.

Planned unit development: A type of land use zoning which allows the adoption of a set of development standards that are specific to the particular project being proposed.

Planning committee: The officially appointed Planning Committee of Dayton, Wyoming.

Premises: A general term meaning part or all of any lot, parcel or tract or park, or all of any buildings, or structure, or group of buildings or structures located thereon.

Property line: The boundary of any lot, parcel or tract as the same is described in the conveyance to the owner, and shall not include the streets or alleys upon which the lot, parcel or tract may abut.

Public hearing: A meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.

Public or central sewage system: A public sewage system that is used or designed to be used for collection, treatment (primary and secondary) and discharge of domestic sewage, industrial or commercial wastes from two or more residential units; two or more mobile home spaces in mobile home subdivisions or mobile home parks; two or more lots or properties located in platted subdivisions; or two or more industrial or commercial properties.

Public or central water supply system: A public water supply system which serves two or more residential units; two or more mobile home spaces in residential units; two or more mobile home spaces in mobile home subdivisions or mobile home parks; two or more lots or properties located in platted subdivisions; or two or more industrial or commercial properties.

Retail: Sale to the ultimate consumer for direct consumption and/or use and not for resale.

Right of way, public: All streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Salvage yard: See definition of junkyard (salvage).

Screening: Decorative fencing, evergreen hedges or earth berms maintained for the purpose of concealing from view the area behind such screening. When fencing is used for screening, it shall not be less than six nor more than eight feet in height.

Seasonal dwelling: A dwelling of any type (including mobile home) that does not constitute the primary residence of the occupants. The occupants must be prepared to substantiate the fact that the dwelling is used on a seasonal or occasional basis by providing information as to the location of their permanent dwelling and a statement that they spend less than half of their yearly residential life in the dwelling.

Service drive: A driveway entering a street from a drive-in business establishment or an off street parking area, excluding residential driveways, serving fewer than ten dwelling units.

Setback line: A line which marks the setback distance from the property lines, and establishes the minimum required front, side or rear yard space of a building lot.

Shed, resident storage: A structure made of, but not limited to, materials of wood, concrete, tin, aluminum, or various types of block materials and used primarily for storage. The structure shall not exceed 12 feet in height, 12 feet in width, or 16 feet in length.

Sign: A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation, or a request for aid or other type of advertising. This includes the board, metal or surface upon which the sign is painted, included or attached. Each display surface of a sign shall be considered to be a sign.

Story: The portion of a building included between the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Street: The entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and placement of utilities, and including the terms "road", "highway", "land", "place", "avenue", "alley", or other similar designation.

Structural alteration: Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof.

Structure: Anything constructed or erected with a fixed location from the ground above grade but not including poles, lines, cables or other transmission or other distribution facilities of public utilities, nor any structure less than five feet in height.

Townhouses: "Townhouses" have common walls (or party walls) and are joined by adjoining unit owners. They usually own the unit including the portion of roof over their individual unit and a fenced portion of yard, front and back.

Use: The purpose for which land or a structure is used.

Use, accessory: A subordinate use which is customarily incidental to the principal building or to the principal use of the lot.

Use, conditional: A use which may be permitted in a zone district upon favorable action by the governing body.

Use, nonconforming: A use which lawfully occupies a building or land at the time the ordinance codified herein or an amendment hereto becomes effective and which does not conform with the use regulations applicable in the zone district in which it is located.

Use, principal: The main use of land or structures as distinguished from a subordinate or accessory use.

Vision clearance area: A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines and intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding three and one-half feet in height measured from the top of the curb or existing grade.

Yard: An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.

Yard, front: The yard between the side lot lines measured horizontally at right angles to the front lot lines to the nearest point of the main building.

Yard, rear: The yard extending between side lot lines and measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main building.

(Ord. No. 342, 2007: Ord. No. 335, 2006: Ord. No. 321, 2004: Ord. No. 284, 1998: Ord. No. 265, 1993: Ord. No. 249 § 2, 1987: Ord. No. 214 § 9-102, 1984; Ord. No. 426, § II, 5-14-2025)