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Lander City Zoning Code

4-2-3 Definitions

  1. The following words, terms and phrases are hereby defined and shall be interpreted in the same fashion throughout this ordinance. The word "shall" is mandatory. The word "may" is permissive. Words used in the present tense shall include the future tense and words in the singular shall include the plural. Terms not herein defined shall have the meaning customarily assigned to them.
  2. For the purpose of interpreting these regulations, the following definitions shall apply:
    1. ACCESS: permission, liberty or ability to enter, approach or pass to and from a place or to approach or communicate with a person or commercial business or any other approved/legal use of a property.\
    2. ACCESS DRIVE: A privately owned, constructed and maintained vehicular access roadway accessing one or more dwelling units or one or more commercial, institutional or industrial principal uses.
    3. ACCESSORY STRUCTURE: A subordinate structure, the use of which is incidental to that of a main structure located on the same lot.
    4. ACCESSORY USE: Not a primary permitted use as authorized by these regulations but a subordinate use operated on the same lot as the permitted use or any accessory structure.
    5. AIRPORT: Hunt Field Airport, the Lander Municipal airport.
    6. AIRPORT ELEVATION: The highest point of an airport’s usable landing area measured in feet from mean sea level.
    7. AIRPORT HAZARD: Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
    8. ALLEY: A minor public right-of-way which provides secondary access to abutting properties.
    9. ANIMAL BOARD AND TREATMENT CENTER: Means an establishment where animals are admitted for examination, treatment or care by a Doctor of Veterinary Medicine. Outside runs are allowed, but kennels must be in an enclosed facility. Boarding for all purposes is allowed.
    10. ANIMAL CLINIC, SMALL: means an establishment where animals are admitted principally for short-term treatment, examination or care by a Doctor of Veterinary Medicine. Board is provided only for medical purposes or treatment.
    11. ANNEXATION AGREEMENT: shall mean an agreement between the City and a landowner whereby each agrees to not oppose annexation into the City of Lander upon prior completion of improvements within the zone and a request to do so by the City Administration.
    12. APPROACH (AIRPORT), TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES: These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR Part 77.
    13. BOARD OF ADJUSTMENT: Board of Adjustment is appointed by the City Council and shall be as provided in 4-5-1.
    14. BOARD: The Board of Adjustment of the City of Lander, Wyoming.
    15. BLOCK: A parcel of land, intended for urban development, entirely surrounded by public streets or lands, streams, railroads or highways.
    16. CHILDCARE: A service licensed by the Wyoming Department of Health provided on behalf of children and their parents and designed to supplement daily parental care.
    17. CITY ADMINISTRATION: shall mean the City Planner, City Engineer, Public Works Director, Building Inspector, City Clerk or other appointed employee.
    18. CLINIC: means an establishment where patients are seen for special study and treatment by licensed healthcare professional and/or their professional associates.
    19. COMMERCIAL STORAGE FACILITY: A structure or group of structures that contain varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of articles or goods. This use does not allow any active retail uses outside storage, or storage or use of hazardous materials.
    20. COMMISSION: The City of Lander Planning Commission appointed by the City Council and shall be as provided in 4-7-1.
    21. COUNCIL: The City of Lander City Council.
    22. COUNTY: Fremont County, Wyoming.
    23. CREMATORY: Defined by Wyoming State Statute 33-16-502.
    24. CUL-DE-SAC: A street having one end connected to a public street and being terminated by a vehicle turnaround at its other end.
    25. DEVELOPED STREET: For purposes of annexation only a developed street shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities with an unobstructed width of not less than 20 feet. This definition does not apply to subdivision rules and regulations of the Lander city code.
    26. DEVELOPER: Any person, firm or agency who lays out any subdivision of lots, tracts, parcels, or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, commercial or public uses.
    27. DISTRICT: Any section or area of the City of Lander for which the regulations governing the use of land and the use, density, bulk, height and coverage of structures and other structures are uniform.
    28. DRAINAGE EASEMENT: A land area designated on a plat and set aside to accommodate the calculated and approved flow or storage of storm waters, which may also serve as a pathway and/or greenway.
    29. DWELLING: A structure or a portion thereof used for living purposes constituting a separate, independent housekeeping unit which contains eating, sleeping, and sanitary services for residential occupancy, not including Recreational Vehicles which require license plates.
    30. DWELLING, SINGLE FAMILY: A detached residential dwelling unit designed for and occupied by one family only.
    31. DWELLING, TWO FAMILY: A detached residential structure containing two dwelling units, designed for occupancy by not more than two families.
    32. DWELLING, MULTI-FAMILY: A residential structure containing more than two dwelling units for family occupancy.
    33. EASEMENT: A designated area on a tract, block, or lot of land which the owner legally grants the right for the use of others, particularly, public utilities.
    34. ENCUMBRANCE: A mortgage or other lien or record securing or evidencing indebtedness and affecting land to be subdivided, including liens for labor and materials. Taxes and assessments levied by a public authority are not an encumbrance, except such taxes and assessments as may be delinquent.
    35. ENGINEER: A licensed professional engineer registered within the State of Wyoming.
    36. FAMILY: Single housekeeping unit consisting of eating, sleeping, and sanitary services which has stable, non-transient living arrangements.
    37. FOSTER CARE: A service licensed by the Wyoming Department of Health and providing care for children in a facility or home on a 24 hour-a-day basis. Categories of foster care specified in this ordinance include:
      1. Foster home: allows for the care of three to six children
      2. Group Foster home allows for:
        1. The care of seven to eleven children.
        2. Adult Day Care as licensed by the Wyoming Department of Health
        3. Boarding home as licensed by the Wyoming Department of Health
        4. Intermediate Care Facility as licensed by the Wyoming Department of Health
    38. FRONTAGE: The front part of a single lot or property as determined by the main entrance and street address to the structure or use of the parcel.
    39. GAMING COMMISSION: The State of Wyoming Limited Gaming Commission.
    40. HEIGHT (STRUCTURE HEIGHT): The vertical dimension measured from the average elevation of the finished lot grade at the front of the structure to the highest point of the structure. This definition does not apply to antennas, chimneys, cupolas, and other appurtenances usually placed above the main roof line and not intended for human occupancy.
    41. HOME BUSINESS: An accessory use of a dwelling unit or accessory structure for gainful employment involving the manufacture, provision, or sale of goods and/or services.
    42. HOTEL/MOTEL: A structure which provides a common entrance, lobby, hall and stairways, and in which temporary lodging is provided for compensation.
    43. IMPROVEMENTS: Man-installed physical features such as pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs, structures, landscaping, and other items for the welfare of the property owners and the general public.
    44. INSTRUMENT: A formal document such as an easement, deed, or contract.
    45. JUNKYARD: means a place 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 material and equipment; but not including places where such uses are conducted entirely within a completely enclosed structure.
    46. LOT: Land occupied or intended to be occupied by a main structure and its accessory structures, together with such open spaces as are required by this ordinance and having its principal frontage on a public street or officially approved place. A lot is the land shown as a lot on a recorded subdivision plat.
    47. LOT LINES (DEPTH AND WIDTH): The side of the lot in front of the street used for primary vehicle access is the front lot line. The opposite side is the rear lot line. For lots which are not quadrilateral, lot lines shall be determined from a quadrilateral inscribed within the actual boundaries of the lot. The depth of the lot is the distance between the midpoints of the front lot line and the rear lot line. The width is the distance between midpoints of the side lot lines.
    48. LOT OF RECORD: A lot platted within a subdivision recorded at the Fremont County Courthouse, or a parcel described by meets and bounds so recorded and of legal size at the time of recording.
    49. MANUFACTURED HOME: A single prefabricated structure built entirely off site in the factory under a federal building code administered by the US Department of Housing and Urban Development (HUD), June 1976. Manufactured homes are intentionally designed with a permanently attached wheeled chassis to ensure long-term portability and are assigned a VIN (vehicle indentation number) or license plate. Manufactured homes are either single or multi-section and are transported to the site and installed per city Code Section 3.
    50. MOBILE HOME OR TRAILER HOME: terms used for manufactured homes produced prior to June 15, 1976, when HUD code went into effect.
    51. MODULAR HOME: prefabricated home constructed off site in one or more sections and then transported and assembled at the property. Modular homes are built to the International Residential Code (IRC) without a HUD certification. After a modular home is placed on a permanent foundation it will not have any separate distinction from “structure” or “dwelling”.
    52. MANUFACTURED HOME PARK: A parcel or lot meeting all the requirements of the subdivision regulations of the City of Lander, the lots or homes of which are intended to be separately sold, leased or assigned for use by manufactured homes with vehicle identification numbers to create a suitable environment for long term residential occupancy.
    53. MONUMENTS: An object set in the ground by a Professional Land Surveyor licensed by the State of Wyoming.
    54. MORTUARY, FUNERAL ESTABLISHMENT, FUNERAL HOME, FUNERAL CHAPEL: Defined by Wyoming State Statutes 33-16-502.
    55. MOTEL/HOTEL: A structure which provides a common entrance, lobby, hall and stairways, and in which temporary lodging is provided for compensation.
    56. NON-CONFORMING USE: Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.
    57. OWNER: Any person having a legal or equitable interest in land.
    58. PARKING SPACE: An off-street space available for the parking of one motor vehicle having an area of not less than 9’x18’ (162 square feet) exclusive of passageways and driveways appurtenant thereto and having direct access to a street or alley.
    59. PERMITTED USE: A use enumerated for a zoning district.
    60. PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.
    61. PLAT: A map or drawing prepared in accordance with the adopted subdivision regulations and showing the developed plan for the property consisting of lots, tracts, parcels or other units of property.
    62. PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
    63. PRIVATE ROAD: A privately owned, constructed, and maintained road that may or may not be used by the general public, primarily accessing one or more dwellings or commercial properties.
    64. PROFESSIONAL STRUCTURE: the office or offices of a member of a recognized profession maintained for the conduct of that profession excluding retail and wholesale trade.
    65. PUBLIC STREET: Primary access that is publicly dedicated on a plat recorded at the Fremont County Courthouse and has been accepted for maintenance by the City.
    66. PUBLIC UTILITY: Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under state or municipal regulations to the public electricity, gas, steam, communication, telegraph, transportation or water service.
    67. PUBLIC WORKS DIRECTOR: The person appointed as the Public Works Director for the City of Lander, Wyoming.
    68. REPLAT: Any change in lot lines within an already approved and recorded plat and any boundary line adjustments within the City Limits.
    69. RE-SUBDIVISION: A re-subdivision shall be any change in dimension or alignment of a platted road, addition to the number of lots or addition of un-platted area to an already approved and recorded plat except for the correction of any drafting or surveying errors.
    70. RIGHT-OF-WAY: A strip of land dedicated for public use.
    71. RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
    72. SETBACK: The required distance between every structure and any lot line on the lot on which it is located. The distance is measured from the foundation line to the property line or to lip of the curb if the frontage or side yard is adjacent to a street.
    73. SETBACK, FRONT: The required distance between the front of every structure and the line separating the street side curb and gutter from the street edge, also known as the "lip"
    74. SETBACK, SIDE & REAR: The required distance between every structure and any lot line on the lot on which it is located.
    75. SHORT TERM RENTAL: a dwelling or portion of a dwelling that is rented for a period of fewer than 30 consecutive days. This includes, but is not limited to Airbnb, VRBO and similar short-term vacation and living accommodations.
    76. STORAGE STRUCTURES, PORTABLE: Any structure, including metal containers, which is so designed and constructed to make it portable and capable of movement from one site to another, is designed to be used without a permanent foundation, designed with the purpose of storing tangible property and not designed for occupancy by person.
    77. STORAGE STRUCTURES, TEMPORARY: Any transportable structure, including metal containers which are placed on a lot for 90 days or less.
    78. STREET, COLLECTOR: A public street which collects traffic from local neighborhood streets and carries it to a major street or highway as shown designated on the most recent WYDOT Functional Classification Map.
    79. STREET, LOCAL: A street which affords primary access to abutting private properties as shown designated on the most recent WYDOT Functional Classification Map.
    80. STREET, ARTERIAL: A street of considerable continuity and traffic- carrying capacity connecting the various parts of the City as shown designated on the most recent WYDOT Functional Classification Map.
    81. STRUCTURE: Anything constructed or erected with a fixed location on, above, or below the ground, or attached to something having a fixed location on the ground, including, but without limitation, structures, towers, smokestacks, earth formations, and overhead transmission lines.
    82. SUBDIVISION: The creation of a lot, tract, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses.
    83. TOWER AND ANTENNA, COMMERCIAL COMMUNICATION: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. Tower types include but are not limited to guyed commercial communications towers and antennas, wooden poles, lattice commercial communications towers and antennas and monopoles.
    84. TREE: Any object of natural growth.
    85. UNDUE HARDSHIP: Special or specified circumstances that partially or fully exempt a person from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle related to topographic or geographical features (Not meant to include high costs to the developer or landowner).
    86. UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
    87. VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service’s-approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.
    88. WIRELESS COMMUNICATIONS FACILITY: An unstaffed facility for the transmission and/or reception of radio frequency (RF) signals usually consisting of an equipment shelter or cabinet, a support structure and/or other transmission and reception devices.
    89. WIRELESS COMMUNICATIONS FACILITY, ATTACHED: A wireless communications facility that is affixed to an existing structure (i.e., an existing structure, tower, water tank, utility pole, etc.). The following terms apply to the facilities:
      1. Antenna: Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves. Antenna types may be omni-directional whip antenna, directional panel antenna, and ancillary antenna. This definition shall not include antennas used in the reception of television services by consumers.
      2. Co-location: The use of a single support structure and/or site by more than one wireless communications provider.
      3. Equipment Enclosure: A small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators.
      4. Guyed Towers: A telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.
      5. Public Utility Facilities: Facilities for the transmission, distribution, or collection of electric, telephone, telegraph, cable television, natural gas, water and sewer utility services and the transportation of people.
      6. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit, and connectors.
    90. YARD; The ground area between any lot line and the structure.
HISTORY
Adopted by Ord. 2022-1 on 7/12/2022

2022-1