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Wright City Zoning Code

CHAPTER 2

DEFINITIONS

11-2-1: GENERAL DEFINITIONS:

As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY BUILDING: A detached building on a lot, parcel of land, or zone lot which is used to support the primary use of a principal building.
ACCESSORY USE: A secondary use of a lot, parcel of land, or zone lot which is normally incidental to the primary use of the property.
ADULT ARCADE: Any place to which the public is permitted or invited wherein, for any form of consideration, image producing devices are maintained to show images, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial establishment which devotes more than thirty percent (30%) of its stock in trade or of its interior floor space to or more than thirty percent (30%) of its advertising expenditures to the promotion of the sale, rental or viewing, for any form of consideration, any one or more of the following:
   A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
   B.   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
   A.   Persons who appear in a state of nudity or seminude; or
   B.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
   C.   Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
   A.   Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
   B.   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
ADULT THEATER: A theater, concert hall, auditorium, or similarly commercial establishment which regularly features persons who appear in a state of nudity or seminude, either in live performances or in any type of photographic reproduction, which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property.
AUTHORIZED REPRESENTATIVE: An individual appointed by the town council to enforce the most recent building, plumbing and mechanical construction codes and the zoning ordinance.
BUILDING: Any structure that has one or more walls and/or a roof.
BUILDING LINE: A line established for setback determination and coincident with either the outermost part of a building wall or a line on the roof twenty four inches (24") from the edge of the roof, whichever is closest to the property line on the respective side of the building.
BUILDING OFFICER: A representative appointed by the town council to enforce the most recent building, plumbing and mechanical construction codes and the zoning ordinance.
BUILDING, PRINCIPAL: A building, which represents the primary use of a property.
CONCEPTUAL SITE PLAN: An illustration of a general land use development concept for one or more parcels of land which provides an identified map scale, identifies the boundaries of project development site, and locates all proposed buildings and other land uses, vehicular parking areas and access to the project development site, utility distribution systems, and primary site development features.
DRIVEWAY: A private road connecting a house, garage, or other building with the street.
DWELLING, MULTI-UNIT: A residential building occupied by two (2) or more families or households living independently of each other.
DWELLING, SINGLE-FAMILY: A residential structure such as a site built home, manufactured home, modular home, or factory built home, which is physically arranged to create an independent housekeeping establishment for occupancy by one family or one household. The structure is characterized by separate facilities for wastewater disposal, cooking and sleeping.
ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY: A person or business or association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee or other consideration.
ESTABLISHMENT: Includes any of the following:
   A.   The opening or commencement of any sexually oriented business as new business;
   B.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
   C.   The addition of any sexually oriented business to any other existing sexually oriented business; or
   D.   The relocation of any sexually oriented business.
FACTORY BUILT HOME: Any residential dwelling that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly on a building site. Factory built homes shall include, but not be limited to, manufactured homes, modular homes, and mobile homes.
FAMILY: A family is any number of persons related by blood or marriage who reside in a single-family dwelling or multi-unit dwelling.
FARM ANIMALS: Farm animals include, but are not limited to, cattle, chickens, donkeys, ducks, geese, guinea fowl, goats, horses, llamas, mules, peafowl, peacocks, poultry, sheep, and turkeys.
FULL TIME EMPLOYEES: Full time employees are those working forty (40) hours or more per week.
GOVERNING BODY: The Wright town council.
GRADE: The average finished ground elevation around a building.
HEIGHT OF BUILDINGS: The vertical distance from the average finished ground elevation around a building to the highest point of a building's roof surface.
HOTEL: Any building containing six (6) or more guestrooms used to provide short term overnight accommodations, which are rented, for usually less than thirty (30) days. This facility may also include commercial food preparation and dining facilities, as well as other on site amenities.
HOUSEHOLD: A group of persons living together in one single- family dwelling or multi-unit dwelling that does not include more than two (2) persons who are not related by blood or marriage.
INTERSECTION SIGHT TRIANGLE: A triangular portion of the land at the intersection of two (2) streets, a street and an alley, or a street and a commercial or multi-family driveway used by more than one living unit, in which nothing shall hereafter be erected, placed or planted which would obstruct the view of motorists entering or leaving the intersection. The boundary of any sight triangle shall be defined by the centerlines of the two (2) adjacent, intersecting roadways and by a line connecting two (2) points, seventy five feet (75') from the center of the intersecting roadways and located on their centerlines. Sight triangles at the intersections of streets and alleys, commercial driveways or common, multi-family driveways shall be measured in the same manner, except that the corners shall be sixty feet (60') from the center of the intersection. The vertical measurement of the unobstructed area within any sight triangle shall be measured three feet (3') above the closest, adjoining pavement within the triangle to ten feet (10') above that point. Where no sidewalk exists, this point shall be measured from the closest point on the top of the adjoining curb within the triangle. Where no curb or sidewalk exists, it shall be measured on the closest point along the edge of the adjoining, paved roadway within the triangle. If, in the opinion of the town engineer, an unusual condition of topography, street grade and/or lot grade exists which requires additional regulation of a particular intersection to ensure a safe sight distance, the zoning administrator may establish a maximum, safe height for obstructions in any sight triangle which is different than these standards, and which is based on the town engineer's recommendation. (See appendix A attached to ordinance 2001-05.)
LANDSCAPING:
   A.   Includes: The use, in compliance with an approved landscaping plan, of vegetation and durable inorganic materials such as those identified below, to enhance the visual attractiveness of a site and improve erosion control. For the purposes of satisfying this title, landscaping shall include, but not be limited to, one or more of the following:
      1. Formal turf areas (grass lawns);
      2. Trees, shrubs, bushes, or other plantings;
      3. Inorganic ground cover, consisting of natural or manmade decorative rock, bark chips, crushed stone, or lava consisting of pieces a minimum of one inch (1") in size laid a minimum of two inches (2") in depth and installed over a minimum six (6) mil thick screen type material designed by the manufacturer to prevent weed infiltration;
      4. Decorative lighting (standard street lighting or lighting used primarily for security purposes is not considered decorative);
      5. Benches, tables, fountains, planters, kiosks and public transit shelters, waterfalls, and manmade streams;
      6. Decorative fences or retaining walls (i.e., landscaping timbers, brick, flagstone, etc.);
      7. Ponds, including detention and retention ponds;
   B.   Artificial Exterior Landscaping; Inorganic Ground Cover: No artificial trees, shrubs, bushes, hedges, flowers, or grass may be used for exterior landscaping unless approved by the planning and zoning commission. Inorganic ground cover shall be limited to no more than fifty percent (50%) of the total landscaped area of any one lot.
   C.   Maintenance: All landscaped areas shall be kept neat, clean, and uncluttered. Dead, dying, diseased or pest infested plants or materials shall be considered as a failure to maintain the required landscaping areas.
   D.   Parking Or Storage; Adjacent Unimproved Areas: Landscaped areas may not be used for parking or for the storage or display of materials, supplies, or merchandise. Adjacent, unimproved town right of way areas may be landscaped to satisfy landscaping area requirements, on approval of the town engineer.
LANDSCAPING PLAN: A drawing of the area to be landscaped, prepared to a scale of one inch equals ten feet (1" = 10'), or a multiple thereof to a maximum of one inch equals one hundred feet (1" = 100'), that must include:
   A.   North arrow, scale, and date of preparation;
   B.   Address and location of land;
   C.   Location and width of all interior and adjoining roads, highways, rights of way, and easements;
   D.   Property lines;
   E.   Location, type, size, and quantity of proposed plant and/or other landscaping materials;
   F.   Location of all buildings, parking areas, fences, and other manmade or other significant features.
LOT: A parcel of land within the town which may be vacant, occupied by a building or group of buildings, contain utility systems, and/or accessory buildings.
LOT AREA: The total land area contained within the legal property boundaries of a lot.
MANUFACTURED HOME: A single-family dwelling, which:
   A.   Is partially or entirely manufactured in an off site factory facility; and
   B.   Is certified pursuant to the national manufactured housing construction and safety standards act of 1974, 42 USC section 5401 et seq., as amended; and
   C.   Conforms to the current manufactured home and safety standards outlined in the current regulations of the U.S. department of housing and urban development (HUD) (24 CFR chapter XX, part 3280).
MEMBERSHIP CLUB: A private group of persons organized in association with a national, state, and local nonprofit organization.
MOBILE HOME: A single-family dwelling that does not meet the definition of a "manufactured home" of this section, and has the following characteristics:
   A.   It is designed for long or short term occupancy; and
   B.   It contains sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities; and
   C.   It contains plumbing and electrical connections to local utility systems; and
   D.   It is designed to be transported after fabrication, on its own wheels, a flatbed truck or other trailers, or on detachable wheels; and
   E.   It arrives at the building site where it is to be occupied as a complete unit and is ready for occupancy except for minor and incidental unpacking and assembly operations, installed on foundation supports or jacks, underpinned, and connected to utilities.
MODULAR HOME: A residential dwelling constructed in a factory in accordance with the most recent building, plumbing and mechanical construction codes that have been adopted by the town other than the national manufactured home construction and safety standards act and the current regulations of the U.S. department of housing and urban development (24 CFR, chapter XX, part 3280).
MOTEL: Any building containing six (6) or more guestrooms used to provide short term overnight accommodations, which are rented, for usually less than thirty (30) days. This facility may also include commercial food preparation and dining facilities, as well as other on site amenities.
NONCONFORMING BUILDING: An existing or proposed structure which, on the effective date hereof, or subsequent amendments, does not comply with the provision of this title for the district where a building is located.
NONCONFORMING USE: A legal use of land, which on the effective date hereof, or subsequent amendments, does not conform to the permitted uses established for the district where an existing or proposed land use is located.
NUDE MODEL STUDIO: Any place where a person who appears seminude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the state of Wyoming or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure:
   A.   That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
   B.   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
   C.   Where no more than one nude or seminude model is on the premises at any one time.
NUDITY OR STATE OF NUDITY: The state of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
OCCUPIED: The use of a developed property for one or more purposes.
PERMANENT FOUNDATION: A system of supports, including piers, either partially or entirely below grade, which is:
   A.   Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure;
   B.   Placed at an adequate depth below grade to prevent frost damage, but not less than forty two inches (42");
   C.   Constructed of concrete, metal, treated lumber or wood, or grouted masonry; and
   D.   In accordance with manufacturer specifications and applicable sections of the most recent building construction code that have been adopted by the town.
PERMITTED USES: Those uses which are permitted in a zoning district, but must be approved by the planning and zoning commission through a submitted request for review.
PLANNED UNIT DEVELOPMENT: A development of one or more parcels of land that is under unified control and is planned and developed as a whole in a single development operation or a programmed series of development stages. This development approach integrates site development considerations for proposed land uses, vehicular access, parking and circulation, supporting utility systems, landscaping, site constraints and development opportunities, and zoning requirements.
PLOT PLAN: An illustration depicting a proposed land use which is not prepared to a defined map scale, identifies the general location of the project site, project development site boundaries, locates the proposed vehicular access to the project development site, as well as identifies and locates proposed land uses.
PROJECT STIPULATIONS: Potential requirements, which may accompany decisions by the planning and zoning commission and town council concerning proposed land, use amendments, variances, or zone changes.
RECREATIONAL VEHICLE (RV): A vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, pop up campers, camping trailers, and self-propelled motor homes, but shall not include "mobile homes" as defined in this section. The removal of the wheels or any similar transporting device, permanently fixing the structure to the ground, or otherwise rendering the structure immobile and preventing its ready removal will disqualify the structure as an RV under this definition.
RECREATIONAL VEHICLE (RV) PARK: A tract of land upon which one or more recreational vehicles or tent sites are located, established or maintained for occupancy by the general public. RV parks may not be occupied by mobile homes or any other structures except as an accessory building.
ROOF: The uppermost element of a structure or portion of a structure, consisting of a system designed or intended to provide weather and/or sun protection and to resist loads.
SEMINUDE OR IN A SEMINUDE CONDITION: A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SETBACK: The minimum horizontal distance between the utility easement or ROW easement and the nearest front, side or rear of building. In the absence of an easement then the lot or property line is used.
SEXUALLY ORIENTED ESTABLISHMENT: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, escort agency, or nude model studio.
SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
   B.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
   C.   Excretory functions as part of or in connection with any of the activities set forth in subsection A or B of this definition.
STREET: A public or private transportation facility, which affords public access to adjacent properties and/or other parts of the community.
STRUCTURE: A new, extended, expanded, or renovated building constructed on a property.
TRAILER HOUSE: See definition of Mobile Home.
USE: The purpose for which land or building is utilized.
VEHICULAR PARKING AREA: An off street area containing a paved surface designated parking stalls, and appropriate signage for the parking of motor vehicles.
WALL: A vertical element of a structure with a horizontal length to thickness ratio greater than three (3) and height to thickness ratio greater than one.
YARD; FRONT, SIDE, OR REAR: Required open space area on an occupied lot, which is defined via minimum setback requirements from property lines.
ZONE LOT: A single parcel of contiguous land occupied, or intended to be occupied, by structures and uses as permitted by this title, together with the open spaces required by this title. All zone lots shall abut a public street or in an officially approved way.
ZONING DISTRICT: A land use zoning designation for selected geographical areas within the town of Wright. (Ord. 2001-05, 6-11-2001; amd. Ord. 2001-10, 9-24-2001; Ord. 2001-11, 11-12-2001; Ord. 2005-04, 5-23-2005; Ord. 2008-08, 4-27-2009)