Saratoga City Zoning Code
CHAPTER 18
06 DEFINITIONS
§ 18.06.005 Generally.
For the purpose of this title certain words and phrases used in this title are defined or interpreted as follows:
A.
Words used in the present tense include the future.
B.
Singular words include the plural.
C.
"Person" includes a corporation as well as an individual, partnerships and joint ventures.
D.
"Lot" includes "plot" and "parcel."
E.
"Shall" is mandatory.
F.
"Occupied" or "used" are construed to also include "intended, arranged or designed to be used or occupied."
G.
"Structure" includes "building."
H.
"Use" and "used" refer to any purpose for which a lot of land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
(Ord. 399 § 1(328-03(1)), 1980)
§ 18.06.010 Accessory use or building.
"Accessory use" or "accessory building"
means a subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.020 Bed and breakfast inn.
"Bed and breakfast inn"
means an establishment where meals are served to overnight guests or at private gatherings by invitation and possessing an approved state permit for such operation.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 460 § 1, 1984; Ord. 471 § 1, 1985; Ord. 503, 1987; Ord. 677, 2001)
§ 18.06.030 Block.
"Block"
means a tract of land or a lot or group of lots, bounded by streets, public parks or parkways, railroad rights-of-way, water course or body of water, unsubdivided land or a boundary line or lines of the county or any combination thereof.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.035 Boat rental business.
"Boat rental business"
means:
A.
Renting of boats and equipment;
B.
Sales and service of boats and equipment.
(Ord. 499, 1987)
§ 18.06.038 Buffer zone.
"Buffer zone"
means the area adjacent to and surrounding the boundaries of the town's corporate limit. Said buffer zone shall extend from the town's corporate limits for a designated distance, in accordance with Wyoming Statute 18-5-101, and shall be subject to zoning and planning jurisdiction of the Town of Saratoga and the Town of Saratoga zoning ordinances.
(Ord. 677, 2001)
§ 18.06.040 Building, area of.
"Area of building"
means the horizontal area measured around the outside of the foundation walls and the floors or roofed porches and roofed terraces inclusive and including the area of accessory buildings, if any.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.050 Building, main.
"Main building"
means a building or buildings in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling is the main building of the lot on which the same is situated.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.060 Building permit.
"Building permit"
means a permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the town.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.070 Building setback line.
"Building setback line"
means the minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.080 Car wash.
"Car wash"
means a lot on which motor vehicles are washed or waxed, either by the patron or by others, using machinery specially designed for that purpose.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.090 Church.
"Church"
means a building wherein persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.095 Convenience store.
"Convenience store"
means a retail store providing food, beverage, and grocery items for consumption on and off premises, as well as fuel dispensers for vehicles.
(Ord. 677, 2001)
§ 18.06.100 District boundary.
"District boundary"
means the limit and extent of each district classification as shown on the official zoning map.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.110 Drive-in restaurant or refreshment stand.
"Drive-in restaurant" or "refreshment stand"
means any place or premises used for sale, dispensing or serving of food, refreshment or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.120 Dwelling.
"Dwelling"
means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple dwellings but not including hotels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes or child care nurseries.
(Ord. 399 § 1(32803(2)), 1980)
§ 18.06.130 Dwelling, single-family.
"Single-family dwelling"
means a detached residential unit other than a mobile home, designed for and occupied by one family only.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.140 Dwelling units.
"Dwelling units"
means one or more rooms with provisions for cooking, living, sanitary and sleeping facilities and arranged for the use of one family.
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(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.150 Family.
"Family"
means one or more persons occupying the premises and living together as a single nonprofit housekeeping unit.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 482 § 33, 1986)
§ 18.06.160 Filling station.
"Filling station"
means a building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering services such as lubrication, washing and minor repairs with hand tools.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.170 Grade (ground level).
"Grade (ground level)"
means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of sidewalks, the aboveground level shall be measured at the sidewalks. (See diagram following.)
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(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.180 Height of structure.
"Height of structure"
means the vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building structure excluding a chimney or other similar structure listed in Section 18.42.020.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.190 Home occupation.
"Home occupation"
means any use for gain or support carried on at or out of a dwelling located in a residential district by the occupants thereof, whether located within the principal building or in an accessory building.
A.
No home occupation shall be permitted which:
1.
Alters the exterior or outside appearance of the building containing the home occupation to change the residential character of the premises.
2.
Generates traffic, parking, noise, odors, sewage or water use in excess of what is normal in the residential neighborhood.
3.
Creates a hazard to person or property, results in electrical interference, or becomes a nuisance.
4.
Requires or results in outside storage of materials or the display of anything related to the home occupation, specifically including, but not limited to, signage, which is expressly prohibited.
B.
The following are permitted home occupations provided they do not violate any of the provisions of subsection A of this section:
1.
Dressmaking, sewing, tailoring;
2.
Painting, sculpturing, writing;
3.
Telephone answering and bookkeeping;
4.
Home crafts such as model making, rug weaving, lapidary work, cabinet making, jewelry work, picture matting and framing, and pottery;
5.
Tutoring and music lessons, limited to four students at a time;
6.
Home cooking and preserving;
7.
Professional computer/internet services;
8.
Sales activities that do not generate traffic;
9.
Trades, such as plumbers, electricians and painters;
10.
Other businesses where services are performed away from the dwelling;
11.
Home childcare business as allowed under Wyoming Department of Family Services Licensing Rules.
C.
The following are prohibited as home occupations:
1.
Animal hospitals;
2.
Dancing studios;
3.
Mortuaries;
4.
Private clubs;
5.
Restaurants;
6.
Stables or kennels;
7.
Automobile repair or paint shop;
8.
Nursing homes.
D.
Any home occupation which is neither specifically permitted by subsection B of this section nor specifically prohibited by subsection C of this section may, upon application to the planning commission, be permitted upon the planning commission's determination, after a public hearing, that the requested use fully complies with subsection A of this section and is substantially similar to a use permitted by subsection B of this section.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 457 § 1, 1985; Ord. 467 § 1, 1985; Ord. 508, 1987; Ord. 551, 1991; Ord. 832 § 1, 2016)
§ 18.06.200 Home professional office.
"Home professional office"
means the home office or studio of a resident physician, surgeon, dentist, lawyer, architect, artist, engineer, certified public accountant, real estate broker or salesman, insurance broker or agent, musician or teacher restricted in this title; provided, that no more than two persons are employed who are not members of the family and that the office shall not occupy more than the equivalent of one-half of the floor area of such building. The home professional office of a physician shall not include a biological or other medical testing laboratory. The home in which a home professional office is located shall maintain a residential character and quality.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.210 Loading space, off-street.
"Off-street loading space"
means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be, used and accessible to such vehicles when required offstreet parking spaces are filled. Required off-street parking space is not be included as off-street parking space in computation of required off-street parking space.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.220 Lot.
For purposes of this title, "lot" is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an improved public street or on an approved private street.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.230 Lot area, minimum.
"Minimum lot area"
means the total horizontal area within the boundaries of a lot.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.240 Lot frontage.
The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under Section 18.06.510, Yards, in this chapter.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.250 Lot line, front.
"Front lot line"
means the property line of a lot dividing such lot from the adjoining street which provides primary access to the property.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.260 Lot line, rear.
"Rear lot line"
means the property line of a lot opposite the front lot line.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.270 Lot line, side.
"Side lot line"
means any lot property line other than a front or rear lot line.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.280 Lot measurements.
A.
"Depth of a lot" is considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B.
"Width of a lot" is considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot measured across the rear of the required front yard.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.290 Lot of record.
"Lot of record"
means a lot which is part of a subdivision recorded in the office of the town clerk or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.300 Lot types.
A.
The diagram which follows illustrates terminology used in this title with reference to corner lots, interior lots, reversed frontage lots and through lots:
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B.
Lot Types.
1.
"Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot or an extension of the lot where it has been rounded by the street radius meet at an interior angle of less than one hundred thirty-five degrees. See lots marked A(1) in lot types diagram.
2.
"Interior lot" means a lot other than a corner lot with only one frontage on a street other than an alley. See lots marked B in lots types diagram.
3.
"Through lot" means a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two street may be referred to as double frontage lots. See lot marked C in lot types diagram.
4.
"Reversed frontage lot" means a lot which is at right angles or approximately right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot (A—D and B—D in diagram), or even in rare cases a through lot (not illustrated).
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.310 Membership club.
"Membership club"
means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like whose facilities are available only to a limited number of members and guests.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.320 Mobile home.
"Mobile home"
means a portable unit or structure designed and constructed in such a manner as to permit permanent occupancy as a dwelling unit, designed and constructed to be towed on its own chassis, comprising frame and wheels and which may be located without a permanent foundation. A mobile home unit or dwelling may contain two or more separately towable components designed to be joined into one integral unit. Such definition shall not include recreational vehicles, travel trailers, motorized homes, pickup coaches or camping trailers.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 847 § 8, 2018)
§ 18.06.330 Mobile home park.
"Mobile home park"
means a parcel of land under single ownership which has been planned, permitted, and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 847 § 9, 2018)
§ 18.06.340 Modular homes (including prefabricated and/ or factory built homes).
A.
A "modular structure" or "prefabricated structure" as referred to in this title means a structure whose component pads and/or sections are fabricated in one area and assembled as a complete building or structure upon a permanent location or a building or structure whose component pads and/or sections are fabricated and assembled as a complete unit at a central plant and moved to a permanent site.
B.
A modular home must:
1.
Be on a permanent foundation as defined below, with no running gear attached.
a.
For the purposes of this definition the "running gear" shall consist of: axles, tires, springs, tongue and steel frames to which above components are bolted or welded to enable the home to be moved.
b.
A permanent foundation shall consist of a full perimeter footing of a minimum size of eight inches deep by twenty inches wide of reinforced concrete with a minimum of two No. 4 rebars running horizontally the entire length of the footing. The footing shall be placed below the frost line in the area. The perimeter walls of the foundation shall consist of either reinforced concrete or mortared together concrete block with anchors for the sill plate running through said concrete or concrete block directly to the footing. The walls shall be bearing member of the outside walls of the structure they are supporting.
c.
Nothing in this section shall allow for the use of wood framing for the exterior perimeter foundation walls.
2.
Be at a minimum twenty-four feet wide and forty feet long.
3.
Be accompanied with a manufacturer's certification which shall be substantially as follows:
MANUFACTURER'S CERTIFICATION | |
DATE:_______________ | |
RE: Shop fabricated Wood Frame Modular House: | |
Job No._______________Serial No._______________ | |
(If available) | |
I hereby certify to the authority having jurisdiction that the factory-built portion of the subject dwelling (name of builder), Factory-Built Modular House has been, or shall be constructed in compliance with the most current editions of the UNIFORM BUILDING CODE, the UNIFORM PLUMBING CODE, the UNIFORM MECHANICAL CODE, and the NATIONAL ELECTRICAL CODE in effect at the time of construction, and as enforced under the (authority having jurisdiction). I also hereby certify that the subject dwelling and the special features of the subject dwelling have been or shall be constructed in compliance with HUD/FHA STRUCTURAL ENGINEERING BULLETIN NO. 1113 Rev. 1 (issue date_______________). Elements of the completed house which are erected, installed, or applied at the site in a conventional manner are not covered by this certification. | |
(Ord. 399 § 1(328-03(2)), 1980; Ord. 535, 1989; Ord. 605 § 1, 1996)
§ 18.06.350 Multiple family residence.
"Multiple family residence"
means a building or group of buildings on the same lot designed to be occupied by three or more families living independently of each other.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.360 Off-street parking space.
"Off-street parking space"
means a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.365 Paved.
"Paved"
means surfaced with asphalt, concrete, or other surface meeting the Wyoming Public Works standard specifications.
(Ord. 677, 2001)
§ 18.06.370 Performance standards.
"Performance standards"
means those requirements contained in the industrial district of this title which regulate and control various types of environmental hazards generally associated with industrial development.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.375 Printing establishment not using presses.
"Printing establishment not using presses"
means an establishment offering printing and copying services utilizing electro-mechanical copiers and printers, rather than printing presses.
(Ord. 677, 2001)
§ 18.06.380 Public notice.
"Public notice"
means notice of the time and place of a hearing, meeting or proceeding printed in the official newspaper of Saratoga as required by law.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.390 Schedule of district regulations.
"Schedule of district regulations"
means the sections of this title which describe the permitted uses, lot area, width, depth and height requirements, etc., for each of the specific zoning districts enumerated in this title.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.395 Self-storage establishments.
"Self-storage establishments"
means locked, compartmented indoor storage areas and/or outside storage yards with vision screening security fences that are available for rent to the general public, and can be accessed by the renter by means of a key or combination type lock.
(Ord. 677, 2001)
§ 18.06.400 Setback.
See Section 18.06.510, Yards.
§ 18.06.410 Sign.
"Sign"
means any device or method which visually imparts a message through the use of texts, pictures or models to individuals using public rights-of-way.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.420 Sign, advertising.
"Advertising sign"
means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property and only incidentally upon the property if at all.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.430 Sign, announcement or professional.
"Announcement sign" or "professional sign"
means a sign on a residential building which directs attention to a home professional office or professional office in such residential building.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 833 § 1, 2016)
§ 18.06.440 Sign, business.
"Business sign"
means a sign which directs attention to a business or profession conducted upon the property where the sign is displayed.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.450 Sign, identification.
"Identification sign"
means a sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.460 Site area.
See Sections 18.06.470 and 18.06.480.
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(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.470 Site area, gross.
The "gross site area" of any development includes the net site area thereof, plus the area between the boundaries of all lots located within that development and the centerline of adjoining streets.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.480 Site area, net.
The "net site area" of any development includes the area of all lots within that development.
(Ord. 399 § 1(328-03(2)), 1980)
§ 18.06.490 Recreational vehicle.
"Recreational vehicle"
means a portable unit or structure designed and constructed in such a manner as to permit temporary residential occupancy, designed and constructed to be towed on its own chassis behind an automobile or self-propelled, operated independently of utility connections for short durations and which shall not conform to the standards set forth by the UBC/FHA for single-family dwellings. Recreational vehicles shall not be considered as a dwelling nor shall they be occupied unless located within a permitted recreational vehicle park.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 501, 1987; Ord. 677, 2001; Ord. 847 § 8, 2018)
§ 18.06.500 Recreational vehicle park.
"Recreational vehicle park"
means any place, area or tract of land upon which are located four or more recreational vehicles, campers, trailer coaches or other similar camping outfits for overnight sleeping purposes of a generally short duration. All recreational vehicle parks must be permitted under Chapter 18.58.
(Ord. 399 § 1(328-03(2)), 1980; Ord. 677, 2001; Ord. 847 § 9, 2018)
§ 18.06.510 Yards.
"Yards"
means the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this title and as defined in this section:
A.
1.
"Front yard" is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
2.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning officer may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
3.
In case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern.
4.
In case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage at the discretion of the owners provided such choice, in the opinion of the zoning officer, will not be injurious to the existing or desirable future development of adjacent properties.
B.
"Rear yard" is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the centerline of the alley, where such alley exists, and the nearest line of the main building (foundation). If no alley exists, the measurement will be taken from the foundation to the rear property line. In the case of through lots, there will be no rear yards, but only front and side yards.
C.
"Side yard" is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
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(Ord. 399 § 1(328-03(2)), 1980)