This ordinance is adopted pursuant to and in accordance with the authority vested in the governing body of the City of Green River, Wyoming, by the statutes of the State of Wyoming, Sections 15-1-501 through 15-1-512 and Sections 15-1-601 through 15-1-611 as amended.

This ordinance shall be known, cited and referred to as the Zoning Ordinance for the City of Green River, Wyoming.

The purpose of this zoning ordinance is to promote the health, safety, convenience, prosperity and welfare of the current and future residents of the City of Green River. It is the intention of this ordinance to assure coordination, quality and order in the development of land to meet the needs of existing and future populations, while giving due consideration to the protection and enhancement of the land, environment, natural resources and quality of life for the residents of the City of Green River.

(A)

Application: These regulations shall apply to all private lands within the corporate limits of the City of Green River, Wyoming, as those limits may from time to time be amended, and to all public lands within the same area that are legally subject to these provisions.

After the effective date of these regulations, no land shall be used or occupied and no structure shall be erected, altered, used or occupied except in conformance with the provisions of these regulations.

The enactment of this ordinance shall not prohibit the continuance of the use of any land, building or structure for the purpose for which such land, building or structure is used at the time the ordinance takes effect, and it shall not be necessary to secure any permit or certificate permitting such continuance; provided, however, that any significant alteration of or addition to any existing building or structure or the change in use of any land, building or structure within any area subject to the provisions of these regulations shall be regulated or prohibited.

The existence of restrictive covenants or agreements shall not be a substitute for these zoning regulations.

Whenever higher or more restrictive standards are established by the provisions of any other applicable governmental statute, resolution or regulation, the provisions of such other statutes, resolutions or regulations shall apply.

No person, firm or corporation and no officer or employee thereof shall sell, rent or lease, or offer to sell, rent or lease, any land or structure for any use or purpose contrary to the provisions of this ordinance.

(B)

Severability: If any part or provision of this ordinance or its application is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined to the part, provision, section or application expressly involved in the controversy and shall not affect or impair the integrity or validity of the remainder of the ordinance or its application to other persons, property or circumstances.

(A)

District Classifications: In order to effectively carry out the provisions of these regulations, the lands within the corporate limits of the City of Green River shall be divided into the following zoning districts:

Mobile home subdivisions, mobile home parks and planned unit developments (PUD) shall be permitted as uses within a zoning district, as described in this ordinance.

(B)

District Zoning Map: The boundaries of these zoning districts are hereby established as shown on a map entitled "Zoning Map, City of Green River, Wyoming." This map, and all official amendments thereto, are hereby declared to be a part of this ordinance.

Unless otherwise defined, district boundary lines are intended to be lot lines; the centerlines of streets, alleys, channelized waterways or other similar rights-of-way; the centerlines of blocks; section or township lines; municipal corporate lines, the centerlines of streambeds; or other lines dimensioned or drawn to scale on the zoning map.

It is the intent of this ordinance that all lands lying within the corporate boundaries shall be within one of the enumerated zoning districts. If any such land is determined not to be within one of the enumerated districts for whatever reason or cause, then no permits shall be issued for the use of the land or for the erection or alteration of any structures on the land until the area has been examined by the governing body and a zoning classification has been established within a reasonable period of time.

All territory which shall hereafter be annexed to the City of Green River shall be in the "O"—Open Lands District until and unless otherwise classified by the governing body as a part of the annexation and zoning process. A zone district classification, once established, may be amended pursuant to the procedures established by this ordinance.

(C)

Zone Lots: Except in the Open Lands District, B-2 Downtown Business District and I-2 Heavy Industrial District, or as otherwise provided by this ordinance, a separate ground area called a zone lot shall be designated, provided and maintained for each structure containing a permitted use or uses. Each zone lot shall have at least one front line and shall be occupied only by a main structure containing the permitted use or uses and a subordinate separate structure or structures containing only accessory uses. Designated zone lots in O, B-2 and I-2 districts may contain more than one main structure containing a permitted use or uses.

A zone lot shall consist of a single parcel of contiguous land and shall be designated as a zone lot only by the owner thereof. Where a designated zone lot is different from the ownership of the land, all responsible parties shall agree and participate in the designation of the zone lot.

No zone lot shall be designated unless it conforms to all of the applicable regulations of the zoning district in which the property is located.

The land area occupied by a use and/or the building site designated and occupied by each structure existing on the effective date of these regulations shall be deemed the zone lot for such use and/or structure. Upon application to and approval by the building inspector, the boundaries and area of the zone lot may be amended, provided full compliance can be maintained with all of the requirements of this ordinance.

A zone lot may or may not coincide with a numbered and designated lot on a duly recorded plat.

(D)

Uniform District Regulations: The provisions of this ordinance shall apply uniformly within all zoning districts bearing the same classification as designated on the zoning map; provided, however, that:

(1)

Where an ownership of record is divided by a district boundary line, each parcel thus created equal to or exceeding the minimum zone lot size as established by this resolution shall conform to the regulations pertaining to the zoning district in which each parcel is located.

(2)

Where an ownership of record is divided by a district boundary line, any parcel thus created which is smaller than the minimum zone lot size for the district in which it is located may be combined with the larger parcel and used for a use permitted in the zone district in which the larger of the two (2) parcels is located.

(3)

Where an ownership of record is divided by a district boundary line and both parcels thus created are smaller than the minimum zone lot size for the districts in which they are located, then the parcels may be combined and used for a use permitted in the more restrictive zoning district.

(Ord. No. 04-01, § 1, 1-20-04)

(A)

Administration. The city building inspector and the office of planning and engineering shall be responsible for the administration of this ordinance and any resources the governing body may provide. The city administrator may designate additional personnel for this purpose should it be deemed necessary. In performing these responsibilities, the designated personnel shall:

(1)

Establish and administer rules and procedures for conducting the zoning affairs of the city, including the development of the necessary forms and permits and development of procedures not described by this ordinance.

(2)

Coordinate the administration and enforcement of this ordinance with other officials.

(3)

Receive all applications for amendments to the language of this ordinance or to the zoning map, refer such applications to appropriate agencies for comment, and submit all such applications along with the comments of the examining agencies to the planning commission for its review and recommendations.

(4)

Receive and review all applications for development and prepare recommendations on developments for review and action by the planning commission.

(5)

Participate, when deemed appropriate, in meetings or public hearings related to zoning before the board of adjustment or the planning commission and governing body.

(6)

Maintain the official zoning map or maps and other records showing the current zoning classification of all lands within the City of Green River.

(7)

Recommend to the planning commission and to the governing body any changes to the zoning ordinance or to the official zoning map that may, from time to time, be desirable or necessary. All such changes shall be subject to the amendment procedures set forth in this ordinance.

(8)

Make any necessary examinations or studies relative to the use of land or structures to determine compliance with and appropriateness of these regulations.

(B)

Enforcement. The city building inspector, the office of planning and engineering and the Green River police department are authorized to enforce and otherwise insure compliance with the provisions of the zoning ordinance governing the physical development of land and the use of structures. The city administrator of the City of Green River may designate additional personnel as deemed necessary. The designated enforcement personnel shall administer such resources as the governing body may provide for this purpose and shall, among other things:

(1)

Receive and review all applications for permits for construction, alteration or change of use or occupancy of land or structures, and approve or disapprove such applications based on their conformance with the provisions of these regulations.

(2)

Upon receipt of a notice of a request for a variance from the terms of this ordinance, transmit to the secretary of the board of adjustment, all original documents, or true copies thereof, constituting the record of the denial, order or requirement from which the appeal was made.

(3)

Upon reasonable cause, revoke any zoning permit, issue cease and desist orders, or take any other lawful action, both civil and criminal, to ensure substantial compliance with the provisions of this ordinance.

(4)

Make or cause to be made any investigation which may be necessary to determine compliance with this ordinance.

(5)

Maintain such records and files as may be necessary for the efficient conduct of the above criteria.

(C)

Required Permits.

(1)

No building or structure shall be commenced, erected or altered until a building permit has been issued by the building inspector, on forms provided by him, certifying that the proposed structure (or structures) complies with all of the provisions of this ordinance. Modular homes not in transit, not at a mobile home sales lot or not in storage and unoccupied shall require such a permit.

(2)

No building or structure shall be used or occupied until a certificate of occupancy has been issued by the building inspector certifying that the use complies with all of the provisions of this ordinance. Modular homes not in transit, not at a mobile home sales lot or not in storage and unoccupied shall require such a permit.

(3)

Applications for building permits shall be accompanied by a plan, drawn to scale, containing the name and address of the applicant; the location shape and dimensions of the land area in question; the dimensions, shape and location of existing and proposed structures; existing and proposed uses of the structure, structures or land area; location, layout and number of spaces for off-street parking and loading; and such other information as may be necessary for the proper enforcement of this ordinance.

(4)

No building permit shall be issued for the erection, alteration, use or occupancy of any structure intended for human use or occupancy which will not be connected to a public sewage system unless it is neither technically nor economically feasible to connect to a public system or establish a public system on the property. Any nonpublic system shall be approved by the city public works director and appropriate state or county agencies.

(5)

No building permit shall be issued for the erection, alteration, use or occupancy of any structure intended for human use or occupancy which will not be adequately served by a water supply system which meets all of the standards and requirements of the department of environmental quality and which has been approved by the city public works director.

(6)

The building inspector shall act promptly upon any permit application filed with him, and shall grant permits in all cases in which the proposed construction or use complies with the requirements of the zoning ordinance; and if he denies the application, then he shall specify the reasons for such denial.

(7)

Permits shall not be required for structures existing nor for the use of any structure or land area established prior to the effective date of the zoning ordinance. Any modifications to existing structures or changes of use of any structure of land area performed after the effective date of the zoning ordinance shall require permits as provided by this ordinance.

(8)

As a matter of public record, a copy of all required permits shall be filed by the building inspector and shall be available for examination.

(9)

Structures built for the sole purpose of housing animals upon land located within the area designated as the City Horse Corrals are specifically exempted from all permit requirements set forth in this section.

(D)

Violations, Penalties and Remedies.

(1)

No person shall locate, erect, construct, reconstruct, enlarge or use any building or use any land in violation of this ordinance.

(2)

The designated enforcement officials, or their authorized representatives, may take appropriate action to ensure compliance with the provisions of the zoning ordinance. These actions may include one or more of the following:

a.

Order in writing the remedying of any violation. Such written order shall state the nature of the violation, the ordinance provision violated, and the time by which the violation must be corrected. After any order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct such violation or to comply with the order. In addition, there shall be no occupancy of that portion of any structure or tract of land covered by such an order until the violation has been remedied.

b.

File for an injunction, writ of mandamus or request for proceeding in abatement; or

c.

Any other remedy provided by law.

(3)

Appeals from judgments rendered in any action instituted to enforce the zoning ordinance shall be permitted and shall be in accordance with the general appeal provisions of Wyoming Rules of Civil and Criminal Procedure.

(4)

Persons or corporations convicted of violations of this ordinance shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. Each day's continuation of such a violation is a separate offense.

(E)

Appeals.

(1)

Any order or decision of an administrative official charged with the enforcement of any the zoning or subdivision ordinances may be appealed to the board of adjustment by the person or agency aggrieved by such order or decision. Any such appeal shall be taken within ten (10) days from the date of the action appealed from by filing a notice of appeal specifying the grounds for the appeal with the secretary of the board and serving a copy upon the designated enforcement official. Forms shall be provided for this purpose. Upon receipt of a notice of appeal, the designated enforcement official shall transmit to the board of adjustment all of the original documents, or true copies thereof, constituting the record upon which the action appealed from was taken.

(2)

The filing of a notice of appeal shall automatically stay all further work on the project until the appeal is decided, unless the designated enforcement official or his authorized representative certifies that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.

(F)

Site Plan Application and Review Procedure.

(1)

General Requirements. A Site Plan, filed according to the requirements of this section, shall be required for all new single family and multi-family residential, commercial, industrial, or expansions, additions, or modifications to same uses. The owner, tenant, or lessee shall cause to be filed a Site Plan according to the requirements of this section. The Site Plan shall be based on the recorded and approved subdivision plat for the property.

(2)

Major or Minor Site Plans. For purposes of the zoning ordinance, site plans shall be classified as Major or Minor Site Plans. A Major Site Plan is one which involves commercial, industrial, or multi-family development. Any other site plan is considered a Minor Site Plan. Any Planned Unit Development shall be reviewed according to the regulations of Section 8.

(3)

Major Site Plan Application and Review Procedure. Applications for a Major Site Plan shall be submitted on a form provided by the building inspector. The application form shall be accompanied by an original Site Plan and ten (10) copies of the plan. The Site Plan shall include the following information:

a.

Name of project or development,

b.

Location of project or development by street address,

c.

Name and mailing address of developer or owner,

d.

Name and mailing address of engineer or architect,

e.

Date of plan preparation,

f.

North point indicator,

g.

Scaled drawing, not less than one (1) inch to one hundred (100) feet,

h.

Boundary lines of property with dimensions,

i.

Location, identification, and dimension of existing and proposed:

1.

Adjacent streets and street rights-of-way,

2.

On-site streets and street rights-of-way,

3.

Electric utility, and rights-of-ways and easements,

4.

Natural gas utility, and rights-of-way and easements,

5.

Telephone utility, and rights-of-way and easements,

6.

Sewer utility including sanitary and storm, and rights-of-way and easements,

7.

Water utility, and rights-of-way and easements, including existing and proposed fire hydrants for fire protection,

j.

Buildings and structures, with required setbacks shown,

k.

Surface drainage indicated by arrows, including surface ditches,

l.

Sidewalks, walkways, driveways, loading areas and docks, bikeways,

m.

Fences and retaining walls,

n.

Exterior signs, existing and proposed,

o.

Exterior lighting,

p.

Traffic flow, both on-site and off-site,

q.

Parking spaces, and

r.

Floodplain Development Permit Application if project is within a Flood Hazard Area,

A Major Site Plan shall be reviewed by the following utilities and/or city departments for compliance:

a.

Community Development,

b.

The building inspector,

c.

Public Works, including the water, wastewater, and streets divisions,

d.

The Fire Department,

e.

Pacific Power

f.

Questar Gas,

g.

Qwest, and

h.

Green River Cable TV.

When reviewing a Major Site Plan the director of community of development or the building inspector shall consider conformance to the city's zoning ordinance, parking requirements, ingress and egress, pedestrian accessibility, fire protection, site drainage, open space, grading, signage and setbacks.

A Major Site Plan shall be approved when there is compliance with all criteria of this chapter. A Major Site Plan shall be denied when not in compliance with the criteria set forth in this chapter. When a Major Site Plan Application is denied by city staff, an appeal may be taken to the Board of Adjustment. Upon appeal, the Board of Adjustment shall make a determination to uphold the denial or to approve the Major Site Plan.

(4)

Minor Site Plan Application and Review Procedure. An application for a Minor Site Plan shall be submitted on a form provided by the building inspector. The application form shall be accompanied by a Site Plan which contains the following information:

a.

Name of project,

b.

Location of project by street address,

c.

Name and mailing address of developer and/or owner

d.

Date of plan preparation,

f.

North point indicator,

g.

Scaled drawing, not less than one (1) inch to one hundred (100) feet,

h.

Boundary lines of property with dimensions shown,

i.

Buildings and structures, with required setbacks shown,

j.

Parking spaces,

k.

Surface drainage indicated by arrows, including surface ditch, and

l.

Floodplain Development Permit Application if project is within a Flood Hazard Area.

A Minor Site Plan shall be reviewed by the director of community development and/or the building inspector.

In considering a Minor Site Plan under this chapter, the director of community of development or the building inspector shall consider conformance to the city's zoning ordinance, parking requirements, building location and height, landscaping, provisions for utilities, and setbacks.

A Minor Site Plan shall be approved when there is compliance with all criteria in this chapter. A Minor Site Plan shall be denied when not in compliance with the criteria set forth in this chapter. When a Minor Site Plan application is denied by city staff, an appeal may be taken to the Board of Adjustment. Upon appeal, the Board of Adjustment shall make a determination to uphold the denial or to approve the Minor Site Plan.

(5)

Amendments to Approved Site Plans. Any amendment or modification to an approved site plan shall be submitted in accordance with the requirements for the original site plan application. All amendments shall be shown on a revised site plan drawing.

(6)

Verification of Site Plan Survey and Setback Information. The owner or developer shall expose all property corners prior to pouring footings and foundations. Any missing property corners shall be found and marked prior to pouring footings and foundations. The owner or developer shall refer to exposed property corners to ensure compliance with all building setbacks. It is the owner's responsibility to check survey information in the field and to ensure compliance with all building setbacks.

(7)

Building Permits. No building permit shall be issued without an approved site plan on file with the city.

(Ord. No. 97-4, § 1, 6-2-97; Ord. No. 98-3, § 1, 5-5-98; Ord. No. 04-05, § 1, 5-18-04)

(A)

General Interpretation:

(1)

For the purposes of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

(2)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number shall include the singular; the word "herein" means "in these regulations"; the word "regulations" means "these regulations."

(3)

The word "person" may be construed to include a "corporation," "partnership," "co-partnership," "association" as well as an "individual"; "shall" is always mandatory; "may" is permissive; a "building" or a "structure" includes any part thereof; the word "lot" includes "plot" or "parcel"; "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(4)

Words and terms not included in this section but described or interpreted elsewhere in these regulations shall be subject to these same rules of general interpretation. Terms not herein defined shall have the meaning customarily assigned to them.

(5)

The particular always controls the general.

(B)

Definitions:

(1)

Access. A way or means of approach to provide ingress and egress to a property.

(2)

Accessory structure. A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.

(3)

Accessory use. A use incidental and subordinate to the principal use of the land located on the same lot with such principal use.

(4)

Alley. A public or private right-of-way not intended for general traffic circulation, but intended to serve as service access to the side or rear of those properties whose principal frontage is on some other street.

(5)

Alteration. Any change, addition or modification in construction or occupancy.

(6)

Apartment. One (1) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing two (2) or more dwelling units.

(7)

Attic. That part of the building which is immediately below and wholly or partly within the roof framing.

(8)

Bar. A structure or part of a structure used primarily for the sale or dispensing of liquor by the drink.

(9)

Basement. That portion of a structure which is wholly or partially below ground level and is not used for living area.

(10)

Belt course. A projecting layer of masonry or molded work carried at the same level across or around the building. Also, a decorative feature, as a horizontal band around a building or around a column.

(11)

Berm. A mound of earth, or the act of pushing earth into a mound. Used on landscaping for buffering or shielding of uses and/or for drainage control.

(12)

Boardinghouse. A residential use consisting of at least one dwelling unit together with more than two (2) sleeping rooms that are rented, generally for a period of one (1) month or more, or are designed or intended to be rented but which sleeping rooms, individually or collectively, do not constitute separate dwelling units. Occupancy of such boardinghouses shall not exceed twenty (20) roomers.

(13)

Bronze Belt Conservation Overlay District. This area, commonly referred to as the Bronze Belt, shall encompass those land areas which contain natural land repose gradients in excess of an average twenty-five (25) percent.

(14)

Buffer strip. Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.

(15)

Building. An enclosed structure designed to be used as a place of occupancy, storage or shelter.

(16)

Building area. The maximum horizontal area within the outer perimeter of the building walls, dividers or columns at ground level or above, whichever is the greater area, including inner courts where any horizontal dimension is less than twenty (20) feet.

(17)

Building frontage. That facade of a structure containing a permitted use which is generally parallel to and closest to the front line of a lot.

(18)

Building height. The vertical dimension measured from the average elevation of the finished lot to the highest point of the roof.

(19)

Child care center. Any private person, partnership, association or corporation that is operating a state licensed business for profit or otherwise, where sixteen (16) or more children receive care for part of the day.

(20)

Clinic. An establishment where patients are admitted for examination and treatment by one (1) or more physicians, dentists, psychologists or social workers, and where patients are not usually lodged overnight.

(21)

College or university. An educational institution authorized by the State of Wyoming to award associate, baccalaureate or higher degrees.

(22)

Commercial greenhouse. A structure in which plants, vegetables, flowers and similar materials are grown for sale.

(23)

Commission. The planning and zoning commission of the City of Green River.

(24)

Common property. Those portions of a condominium, townhouse or planned unit development designated in a declaration as reserved for use by all of the owners of the individual units within the development.

(25)

Comprehensive master plan. The comprehensive master plan for the development of the City of Green River, Wyoming, prepared through the planning commission and adopted by the governing body.

(26)

Condominium. A building, or group of buildings, in which units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis. Condominium ownership generally does not include individual ownership of land.

(27)

Convenience store. A one-story, retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a few items. It is designed to attract and depends upon a large volume of stop-and-go traffic.

(28)

Court, inner. An open, unoccupied space, other than a yard, and bounded on at least three (3) sides by a building.

(29)

Court, outer. A court extended to the front yard or front lot line or the rear yard or rear lot line is an outer court.

(30)

Density. The number of dwelling units per acre of land area. For the purposes of this ordinance, "density" shall be established by the number of dwelling units per net acre covering only the land devoted to building lots.

(31)

Developer. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

(32)

Development. The division of a lot, tract, parcel or other unit of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

(33)

District, zone. Any section or area of the City of Green River for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.

(34)

Dormitory. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

(35)

Drive-in restaurant. The retail establishment engaged in the sale of prepared food and drink which is served to and/or consumed on the premises by the occupants of vehicles in their vehicles.

(36)

Dwelling, detached. A dwelling which is designed for and occupied by not more than one (1) family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

(37)

Dwelling, multifamily. A dwelling containing two (2) or more dwelling units.

(38)

Dwelling, single-family. A building containing one (1) dwelling unit.

(39)

Dwelling unit. A structure or a portion thereof used for living purposes or constituting a separate, independent housekeeping unit for permanent residential occupancy.

(40)

Easement. A use, privilege, service or right, by prescription, grant or necessary implication, which one may have in the lands of another.

(41)

Engineer. A professional engineer, registered to practice engineering in the State of Wyoming.

(42)

Escrow. A written promise, obligation or undertaking delivered by an obligor or promisor to the custody and possession of a third person to be held by the latter until the happening of some condition or contingency, then to be delivered to the obligee or obligor upon the happening of the condition or contingency.

(43)

Family. One (1) or more persons living together as a single housekeeping unit.

(44)

Family Child Care Center: A state licensed child care facility in which care is provided for eleven (11) to fifteen (15) unrelated children from more than one (1) immediate family for part of a day which may be in a commercial type structure.

(45)

Family Child Care Home: A state licensed child care facility in which care is provided for three (3) to ten (10) unrelated children from more than one (1) immediate family for part of a day in the home of the provider.

(46)

Flood plain. The channel and relatively flat area adjoining the channel of a natural stream or River which has been or may be covered by flood water. The boundaries of the Flood plain shall include those areas designated as the "100-year flood boundary" on the "flood boundary and flood way map" prepared by the U.S. Department of Housing and Urban Development, July 17, 1978.

(47)

Flood way. The area designated as the flood way on the "flood boundary and flood way map" prepared by the U.S. Department of Housing and Urban Development, July 17, 1978.

(48)

Floor area, gross. The sum of the gross horizontal areas of all the floors of a building measured from the exterior face of the exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior vehicular parking and loading or any space where the floor-to-ceiling height is less than six (6) feet.

(49)

Floor area, net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation.

(50)

Foster family care. The care of no more than four (4) children in a private single-family dwelling by the resident family. The care provided shall be on a twenty-four-hour a day basis. No more than two (2) infants under two (2) years of age shall be placed in any such single-family dwelling. The four-child limitation does not include the foster parents' own children.

(51)

Fraternal organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

(52)

Fringe area. That portion of the city's planning jurisdiction that lies outside the corporate limits of the city.

(53)

Funeral home. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

(54)

Garage, private. An accessory building not over one (1) story in height, used for parking or storage of motor vehicles, but not for commercial servicing or repair.

(55)

Garage, public. Any garage other than a private garage.

(56)

Grade. The slope of a road, street or other public way, specified in percentage terms.

(57)

Grade elevation. A ground elevation established for the purpose of regulating the number of stories and the height of a building. The grade elevation shall be the level of the ground adjacent to the walls of the building if the finished grade of the lot is level. If the ground is not entirely level, the grade elevation shall be determined by the average elevation of the ground for each face of the building.

(58)

Green Belt Conservation Overlay District. This area, commonly referred to as the Green Belt, shall be delineated as that land area within fifteen (15) feet of the River's edge. "River's edge" is defined as the water/land interface normally present during River flow of thirteen thousand five hundred (13,500) cubic feet per second. This normally occurs at the accepted "top of the bank." This definition shall not apply to the north side of the River beginning with the Joint Power's Water Board pumping station east to the Wyoming Highway 530 bridge now crossing the Green River. In this area the Green Belt shall not extend fifteen (15) feet from the River's edge but shall begin at the "top of the bank."

(59)

Group foster care facility. A group foster care facility is a community-based residential dwelling which houses children from ages birth to nineteen (19) years, maintained by resident house parents, certified by the State of Wyoming Department of Public Assistance and Social Services as a group foster home, and operated in a facility similar in appearance and character to the residential buildings in the neighborhood in which it is located.

(60)

Home occupation. A gainful occupation or profession, whether conducted on-site or off-site, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the residential character thereof.

(61)

Hospital. An institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment, and providing for overnight bed and patient care.

(62)

Hotel. A facility offering transient loading accommodations, generally less than one (1) month, and which may provide additional services, such as restaurants, meeting rooms and recreation facilities.

(63)

Impervious surface. Any material which reduces and prevents absorption of storm water.

(64)

Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

(65)

Junkyard. An area, lot, land or structure, or part thereof, used primarily for the collection, storage, processing or sale of wastepaper, rags, scrap metal, discarded material or other junk; or for the collection, dismantling, storing or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

(66)

Kennel. An establishment in which four (4) or more animals of the same species over the age of three (3) months are housed, groomed, bred, boarded, trained or sold.

(67)

Land surveyor. A professional surveyor, registered to practice land surveying in the State of Wyoming.

(68)

Landscaped area. Land set apart for the planting of grass, shrubs, trees or similar living plants.

(69)

Loading space. A space within the main building or on the same lot providing off-street loading or unloading for vehicles.

(70)

Lot. A parcel of land occupied, or to be occupied, by a main building or a group of such buildings and accessory structures, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records.

(71)

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

(72)

Lot, corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, or the straight street line extended, form an interior angle of less than one hundred thirty-five (135) degrees.

(73)

Lot coverage. The part or percent of the lot occupied by buildings, including accessory buildings.

(74)

Lot depth. The horizontal distance between the front and rear lot lines, measured along the median between side lot lines.

(75)

Lot, double frontage. Any interior lot having frontages on two (2) more or less parallel streets as distinguished from a corner lot.

(76)

Lot, interior. Any lot other than a corner lot.

(77)

Lot line. The lines which establish the boundaries of a lot as defined herein.

(78)

Lot line, front. In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot or double frontage lot, that line separating said lot from that street which is designated as the front street in the plat and in the application for a building permit.

(79)

Lot line, rear. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.

(80)

Lot line, side. Any lot lines other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(81)

Lot of record. A parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or in common use by city or county officials, and by which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.

(82)

Lot width. The horizontal distance between the side lot lines measured at the two (2) points where the building line or setback intersects the side lot lines.

(83)

Manufactured housing. A building or portion of a building designed for long-term residential use, manufactured offsite, transported whole or in portions to a lot, and placed on a permanent foundation.

(84)

Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

(85)

Mobile home. Manufactured housing built upon a chassis metal frame, which may or may not be placed on a permanent foundation, but requires the frame to be left in place to maintain the structural integrity of the unit.

(86)

Mobile office. Manufactured office units built upon a metal frame, which may or may not be placed on a permanent foundation, but requires the frame be left in place to maintain the structural integrity of the unit.

(87)

Modular home. A structure or part of a structure capable of being transported by an appropriate vehicle from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation which, together with the assembled structure, meets all of the provisions of the Uniform Building Code for dwelling units.

(88)

Motel. A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct, independent access to, and adjoining parking for each rental unit.

(89)

Nonconforming structure. A structure existing on the effective date of this ordinance, or amendments thereto, that does not conform to the provisions of this ordinance nor to the use regulations of the district in which it is located.

(90)

Nonconforming use. A use which lawfully occupied a building or which was a lawfully permitted use on a zone lot at the time this ordinance, or amendments thereto, became effective that does not conform to the use regulations of the district in which it is located.

(91)

Nursing homes. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine (9) persons.

(92)

Nursing institutions. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine (9) persons.

(93)

Objectionable or harmful substances, conditions or operations. These include any use or operation which causes one (1) or more of the following environmental problems:

a.

Creation of a physical hazard by fire, explosion, radiation or other cause, to persons or property at or beyond the property line of the premises in question;

b.

Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply;

c.

Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin;

d.

Emission of smoke or gas which constitutes a hazard to the health, safety or welfare of any person;

e.

Fly ash, gas or dust which can cause hazard, damage or injury to persons, animals or plant life or to other forms of property at or beyond the property line of the premises in question;

f.

Creation or causation of any offensive odors or noise at or beyond any property line of the premises in question;

g.

Creation or maintenance of distracting or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question;

h.

Any public nuisance;

i.

Disease bearing or causing.

(94)

Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

(95)

On-site home occupation. A gainful occupation or profession, where the primary business activity occurs on the premises at the physical location of the dwelling; such a use includes, but is not limited to, offices, telemarketing, and similar uses.

(96)

Off-site home occupation. A gainful occupation or profession, where the primary business activity occurs off the premises of the dwelling; such a use includes, but is not limited to, mobile services, delivery services, and similar uses.

(97)

Open space. That portion of a lot not occupied by a structure, not utilized for parking and not otherwise used in the operation of the permitted use, which space may be useable for active or passive recreational uses or which provides a visual buffer between land uses. Setback areas meeting this definition shall be considered as open space.

(98)

Parking space. A portion of a vehicle accommodation area set aside for the parking of one (1) vehicle.

(99)

Permitted use. A use allowed in a zoning district.

(100)

Planned unit development. A parcel of land planned as a comprehensive development rather than on the basis of individual lots, where various land uses may be permitted in coordination with one another. Site design requirements are flexible to promote efficiency in siting and land use, and allowed density may be increased to encourage desired amenities.

(101)

Plat. A map indicating boundaries of a parcel of land and/or indicating the boundaries of individual lots within the parcel.

(102)

Principal structure: The main structure on the lot, which contains the principal use.

(103)

Public utility. Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under federal, state or municipal regulations to the public electricity, gas, steam, communication, transportation or water.

(104)

Public utility services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or 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.

(105)

Recreation facilities. Land and structures, along with accessory equipment, designed and utilized for leisure time activities and of more specific purpose than passive park-like open spaces.

(106)

Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car or other vehicle, with or without motive power designed and/or constructed to travel on public thoroughfares in accordance with the provisions of the Wyoming Vehicle Code, and designed for human habitation.

(107)

Restaurant. An establishment where food and drink are prepared and consumed primarily within the principal building.

(108)

Restricted sight triangle: The portion of a corner lot within which fences, hedges, walls, retaining walls, structures and landscaping designs are limited to a maximum of forty (40) inches above the adjacent sidewalk or, if none, the adjacent street to insure an obstructed view for motorists. The restricted sight triangle is determined by first locating the intersection of the two (2) curblines, and thereafter measuring to points twenty-eight (28) feet back along each curbline.

(109)

Retaining walls. Walls used to maintain an established slope or elevation of land subject to erosion or subsidence.

(110)

Retirement home. Residence within a single-family dwelling unit for no more than nine (9) retired and/or infirm individuals with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit.

(111)

Retirement institution. Institutional facility housing and providing care or assistance for more than nine (9) retired and/or infirm individuals.

(112)

Salvage. The utilization of waste materials.

(113)

School. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge.

(114)

School, elementary. Any school licensed by the state and which meets the state requirements for elementary education.

(115)

School, private. Any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

(116)

School, secondary. Any school licensed by the state and which is authorized to award diplomas for secondary education.

(117)

Scrap. Discarded or rejected materials that result from manufacturing or fabricating operations.

(118)

Setback lines. The lines defining the buildable area of the zone lot.

(118.1)

Shed structure. Any accessory structure that:

A.

Measures one hundred forty (140) square feet or less,

B.

Has a maximum wall height of six (6) feet,

C.

Has a total height of no more than eight and one-half (8½) feet, and

D.

Has no more than one (1) door measuring no more than five (5) feet in width.

(119)

Sign. Any device or display of letters, words, models, banners, flags, pennant, symbols or other representations which are in the nature of an announcement or advertisement or call attention to a product, service, organization, person, building or event. The word "sign" does not include the flag, pennant or insignia of any nations, state, city or other political unit.

(120)

Site. Any plot or parcel of land or combination of contiguous lots or parcels of land.

(121)

Site plan. The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plain, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

(122)

Special events. Circuses, fairs, carnivals, festivals or other types of special events that:

a.

Run for longer than one (1) day but not more than two (2) weeks;

b.

Are intended to or are likely to attract substantial crowds; and

c.

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

(123)

Special use permit. A permit issued by the governing body that authorizes the recipient to make use of property in accordance with the requirements of this ordinance as well as any additional requirements imposed by the governing body.

(124)

Street. A public street or street with respect to which an offer of dedication has been made and accepted by the governing body.

(125)

Structure. Anything constructed or erected with a fixed location on the ground.

(126)

Temporary building or use. A structure or use permitted by the governing body to exist during periods during construction of the main building or use, or for seasonal or special events.

(127)

Use. The purpose for which land or a building is designed, arranged or intended, or for which land or a building is or may be occupied.

(128)

Wholesale sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

(129)

Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

(130)

Yard, front. The required open space between the front lot line and a structure containing a permitted or an accessory use.

(131)

Yard, rear. The required open space between the rear lot line and a structure containing a permitted or an accessory use.

(132)

Yard, side. The required open space between the side line of the zone lot and an authorized structure on the zone lot.

(133)

Zone lot. A single parcel of contiguous land occupied or intended to be occupied by structures and uses as permitted by this ordinance together with all the open spaces required by this ordinance. All zone lots shall abut on a public right-of-way.

(134)

Zoning map. The zoning district map of the City of Green River, Wyoming, adopted as a part of this ordinance, as amended from time to time, as provided herein.

(Ord. No. 90-1, § 13, 1-16-90; Ord. No. 94-5, § 1, 4-19-94; Ord. No. 95-5, § 1, 6-20-95; Ord. No. 96-4, § 1, 5-7-96; Ord. No. 04-12, § 1, 11-16-04; Ord. No. 05-10, § 1, 7-5-05; Ord. No. 06-01, § 1, 3-7-06; Ord. No. 06-03, § 1, 3-7-06)