Town of Basin, WY Appendix

Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

"A"

DEFINITIONS:

Abutting:

Be next to or have a common boundary with.

Accessory Building, Structure or Facility:

A subordinate building or a portion of the main building, the use of which is incidental to that of the main building.

Accessory Use:

A use incidental and accessory to the principal use of a lot or a building located on the same lot with the accessory use.

Adjacent:

All properties directly contiguous to a parcel under consideration as well as to any properties separated from said parcel by a public way.

Adjoining:

All properties contiguous to or abutting another property; properties on opposite sides of a street or alley are not considered as adjoining.

Administrative Authority:

The official of the Town of Basin vested with supervision of all public places in the town or his or her authorized representative.

Adult:

A person over the age of 21 who is the parent or legal guardian of the person under the age of 21.

Adult Use:

Retail and/or entertainment establishments primarily engaged in offering adult entertainment and/or the sale of sexually explicit materials, including adult book and video stores, strip clubs, establishments featuring nude dancers, and similar uses.

Agent:

A person acting on behalf of another with authority conferred, either expressly or by implication.

Agriculture:

The use of land for agricultural purposes providing that the operation of any such accessory uses are secondary to that of primary residential uses.

Alley:

The area of a parcel, other than a public street front or side yard, which is adjacent to the public right alley right-of-way.

Amendment:

A change in the zoning ordinance or map. An amendment may be initiated by a landowner, the governing body or the Planning Commission.

Animal:

Any living creature, domestic or wild.

Animal Warden:

Any officer of the town designated by the governing body to enforce the provisions of this chapter.

Apartment House:

See DWELLING, MULTIPLE.

Appeal:

A request for review of the interpretation of provisions of this code or a request for a variance.

Area of Shallow Flooding:

A designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one foot (1′) to three feet (3′), and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of Special Flood Hazard:

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. Zone designations on FIRMs include the letters A, AE, V. Also known as the special flood hazard area (SFHA).

At Large:

Off the premises of the owner and not controlled either by leash, cord, chain or otherwise.

Average Lot Size:

The sum of the land area of land within the lots in a subdivision divided by the number of lots in the subdivision, not counting any land or lots dedicated for streets, parks or other public uses.

"B"

DEFINITIONS:

Base Flood:

The flood having a one percent chance of being equaled or exceeded each year. Also known as the "regulatory flood."

Base Flood Elevation (BFE):

The water surface elevation during the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.

Basement:

The portion of a structure including crawlspace with its floor sub grade (below ground level) on all sides.

Bed and Breakfast Inn:

An owner-occupied, single-family dwelling where short-term lodging is provided through the rental of no more than four individual rooms to the general public.

Block:

An area of land within a subdivision that is entirely bounded by streets, the exterior boundary of the subdivision.

Bottle Club:

Operation or enterprise in which no alcoholic liquor or malt beverages are sold, but where food, soft drinks and mixes are sold, and the safekeeping of alcoholic liquor and malt beverages is provided for individual club members who bring alcoholic liquor and malt beverages upon the premises for their own use and consumption. Income, profits or fees of the operator of a bottle club are typically derived from sales or furnishing of mixes, ice, food or glasses, or from dues, charges, contributions, membership cards or assessments.

Boulevard:

The portion of the street right-of-way between the curb line and the property line.

Buffer:

A required horizontal separation distance between two uses that may otherwise be incompatible.

Buildable Area:

That area of a platted lot lying within the required setbacks, exclusive of those areas that are prohibited from development due to steep slopes, wetlands, easements or other conditions protected by ordinance or legal agreement.

Building:

A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels.

Building Height:

The vertical distance between the lowest ground level at the structure, and the highest point of the structure.

Building Permit:

A permit issued by the town council or an authorized agent, authorizing both the use of land in the town pursuant to the requirements of this code and construction activity consistent with the applicable building code.

"C"

DEFINITIONS:

Cat:

Every feline cat, male or female.

Certificate of (Sanitary System) Compliance:

A document written after a compliance inspection, certifying that a sanitary treatment system is in compliance with applicable requirements at the time of the inspection.

Child Day Care:

The provision of supplemental parental care and supervision:

For a nonrelated child or children;

On a regular basis;

For less than 24 hours a day;

Under license by the Wyoming Department of Health and Social Service.

As used by this code, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective domiciles.

Clerk:

The clerk-treasurer of the Town of Basin.

Code:

The municipal code of the Town of Basin.

Collector or Surface Street:

A street which carries traffic from minor streets to thoroughfares. It includes the principal entrance streets of a residential development and street for circulation within such developments.

Commercial:

Land uses involving the purchase, sale or other transaction involving the handling or disposition of any article, substance, commodity, or service for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises, or maintenance and use of offices by professionals.

Computation of Time:

The time within which an act is to be done shall be computed by excluding the first and including the last day unless the last day is a Saturday, a Sunday or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday.

Conditional Use:

A land use or development that may be allowed only after an in-depth review procedure and with appropriate restrictions or conditions as provided by this code upon a finding that standards and criteria stated in this code will be satisfied. A conditional use must conform to the Town of Basin Master Plan and be compatible with the existing neighborhood.

Construction:

Includes any addition expanding the lot coverage or height of any building as well as to the erection of new buildings and shall further apply to the development of parking lots or establishment of other land uses that lack buildings.

Container:

Any disposable bag, box, or similar item into which refuse is placed prior to being placed within a receptacle.

Council:

Unless otherwise indicated, the town council of the Town of Basin.

County:

Big Horn County, in the State of Wyoming, in which the Town of Basin is located.

Critical Facility:

A facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material facilities.

Cruelty to Animals:

Torture, torment, or perform any act, or omission, or neglect, whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief.

Cul-De-Sac:

A minor street with only one outlet and having a turnaround.

"D"

DEFINITIONS:

Dangerous Animals:

Any animal that in the absence of intentional provocation inflicts serious bodily injury to a person or animal on public or private property; or is involved with a sustained attack upon a person, not allowing the victim any means of escape, regardless of the extent of the injury or defensive action required.

Datum:

The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points has been the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).

Dead end Street:

A street having only one end open to through traffic.

Deck:

A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use, structure or site, and at any point extending more than thirty inches (30″) above ground. A deck is considered a structure.

Density:

The number of dwelling units or square footage of commercial floor area relative to the total lot area.

Deq:

The Wyoming department of environmental quality or its successors.

Destruction:

The ruination of a building or structure by accident, fire, flood, wind or similar event where the cost of repair or reconstruction equals or exceeds 50% of the market value of the structure before the damage occurred.

Development:

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, and storage of equipment or materials.

Development Plan:

A plan which serves as a basis of discussion between the planning commission and a developer. It should be of sufficient clarity and detail to fully determine compliance with the provisions of this title but should, also, be subject to change in response to recommendations of the planning commission.

Digital Firm (DFIRM):

Digital Flood Information Rate Map. It depicts flood risk and zones and flood risk information The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.

Dining or Waiting Area:

A specifically delineated area which has been submitted with the licensee's application and has been approved by the governing body.

Displayed Publicly:

The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and materials other than adult media are on display to the public.

District:

A geographical portion of the greater land area subject of this code, which geographical portion is assigned a zoning classification and within which classification certain regulations and requirements or various combinations thereof apply under the provisions of this code.

Dog:

Every canine, male or female.

Dwelling:

A building, or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, Multiple:

A room or a suite of rooms designed for the residence by an individual, a single family, or a group of individuals living together as a single-family unit, equipped with cooking facilities. This includes any unit in buildings with more than two dwelling units.

"E"

DEFINITIONS:

Easement:

A grant or conveyance by an owner of real property of a right to use the owner's real property for a specific purpose.

Employees:

Whenever reference is made in this code to a town employee by title only, this shall be construed as though followed by the words "of the Town of Basin."

Essential Services:

The erection, construction, alteration or maintenance by local governmental units or franchisees of underground, surface or overhead utilities, including gas, electric, fuel or water transmission or distribution system collection, communication, supply or disposal system, and including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation:

Any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

Existing Construction:

A structure for which the "start of construction" commenced before February 19, 2014.

Existing Manufactured Home Park or Subdivision:

A manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before February 19, 2014.

Expansion to an Existing Manufactured Home Park or Subdivision:

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

"F"

DEFINITIONS:

Facility:

Any material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.

Family:

One individual, or a group of two or more persons related by blood, marriage or adoption, or by dependant foster arrangement, who occupy a single housekeeping unit, or a group of not more than four unrelated persons who occupy a single housekeeping unit.

Farm Animal:

Any animal other than a dog or cat normally kept outside of a dwelling unit. Farm animals include, but are not limited to, alpaca, burros, cattle, chickens, cows, ducks, emus, geese, goats, horses, llamas, mules, pigs, sheep, swine, turkeys, poultry of any description, or any other livestock. Keeping farm animals is an agricultural use.

Federal Emergency Management Agency (FEMA):

The agency with the overall responsibility for administering the National Flood Insurance Program.

Final Plat:

The final map, drawing or chart, on which the subdivider's plan of subdivision is presented for approval by the town council and which, if approved, will be submitted to the county clerk to be recorded. The plat must conform to the requirements of law.

Flood Fringe:

The portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

Flood Hazard Boundary Map (FHBM):

An official map of a community, issued by the Federal Insurance Administration or U.S. Department of Housing and Urban Development, where the boundaries of areas of special flood hazard have been designated as Zone A. The FHBM usually is the initial flood hazard map.

Flood Insurance Rate Map (FIRM):

An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood Insurance Study (FIS):

The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood.

Flood or Flooding:

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; or

The unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain:

The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe (I.C. 46-1021).

Floodproofing:

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (Regulatory Floodway):

The channel of a river or other watercourse and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood.

Freeboard:

A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams and the hydrologic effects of urbanization in a watershed.

Frontage:

The length of a property abutting on one side of a street measured along the street line.

Functionally Dependent Facility:

A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

"G"

DEFINITIONS:

Garage, Private:

A detached accessory building or part of a main building designed or used for the storage of not more than three privately-owned motor vehicles, with no provision of repairing or equipping such vehicles.

Garage, Public:

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

Garage, Storage:

A building or portion thereof used exclusively for housing four or more motor vehicles.

Garbage:

All kitchen refuse, rejected or waste food, meats, fish, fowl, offal, carrion or other refuse accumulation, use, cooking of or the dealing in or storing of meats, fish, fowl, fruits, vegetables or anything whatsoever which will or may decompose and become foul, offensive, insanitary or dangerous to health.

Gender:

A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.

Governing Body:

The elected legislative body of the municipality, i.e., the mayor and town council.

Green Space:

Open space covered by native plants, natural landscape or other vegetative cover.

Green Waste:

Consists of leaves, grass, small twigs and branches, sod and uncontaminated soil.

"H"

DEFINITIONS:

Half Street:

A public right-of-way having only half of the width required by the subdivision design requirements prescribed in this code.

Highest Adjacent Grade (HAG):

The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the Elevation Certificate, FEMA Form 81-31, for HAG related to building elevation information.

Historic Structure:

A structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district.

Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior, or

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: By an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs.

Home Occupation:

Any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. There shall be no window display or other public display of any material or merchandise in connection with any home occupation. No sign shall be displayed on the premises advertising the occupation carried on in the home except one sign which shall not be more than two square feet in area, and which shall be attached to the house.

Hotel/Motel:

Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than four sleeping rooms, with no cooking facilities in an individual room or apartment.

Household Pet:

Any trained or domesticated animal kept at a place of residence, excluding horses, mules, burros, llamas, alpaca, cows, sheep, goats, pigs, animals of bovine genus, chickens, ducks, peacocks, turkeys, geese, emus, fowl, rabbits, mink, chinchilla, snakes of over three feet (3′) in length, or any venomous animal, venomous amphibian, venomous reptiles, venomous snakes, venomous lizards, venomous frogs and any such animals not ordinarily kept as household pets. Household pets include dogs, cats, canaries, parrots and other small caged birds, hamsters, guinea pigs, and similar rodents, ferrets, fish, reptiles and other such species that normally would be kept at a dwelling, but does not include any species or animal capable of inflicting substantial harm to man.

House Trailer:

A nonpropelled vehicle containing living or sleeping accommodations, which is designed and used for highway travel.

Hybrids:

Offspring of wild animals bred with domestic animals.

"I"

DEFINITIONS:

Impervious Surface:

A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, septic tank, parking lots, storage areas and concrete, asphalt or gravel surfaces.

Improved Lot:

A lot that contains any structure, and which can be served by a sewage disposal system, water supply or electric service.

Industrial:

Land uses involving the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

Institutional Uses:

Group homes, day care centers, hospitals, nursing homes, convalescent homes, retirement homes and similar uses.

Interim Use:

A temporary use of property until a particular date, until a particular event, or until zoning regulations no longer permit it. Interim use permits are not recorded and do not run with the land upon transfer. All interim uses shall conform to standards listed in the interim use section of the code.

"J"

DEFINITIONS:

Juvenile Detention Facility:

Any facility which may legally and physically restrict and house a child, other than the Wyoming boys' school, the Wyoming girls' school, the Wyoming state hospital or other private or public psychiatric facility within the state of Wyoming. A juvenile detention facility may be housed within an adult jail or corrections facility if the facility otherwise meets the requirements of state law.

"K"

DEFINITIONS:

Kennel:

Any premises or property of any kind or description where more than one female dog is kept for breeding purposes or where more than one litter of pups is kept for purpose of sale.

"L"

DEFINITIONS:

Landscaping:

The process of arranging soil and/or plants, to develop a space with a basic improved appearance.

Land Use Permit:

A permit issued by the town council or its authorized agent authorizing the use of land pursuant to the requirements of this code.

Letter of Map Change (LOMC):

An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are issued in the following categories:

Letter of Map Amendment (LOMA):

A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.

Letter of Map Revision (LOMR):

A revision based on technical data showing that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination that a structure of parcel has been elevated by fill above the base flood elevation and is excluded from the special flood hazard area.

Conditional Letter of Map Revision (CLOMR):

A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does NOT amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

Levee:

A man-made structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System:

A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

License:

The permission granted for the carrying on of a business, profession or occupation.

Litter:

Any quantity of uncontainerized paper, metal, plastic, glass, animal feces, or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk.

Lot:

Numbered or otherwise described tract of land designated on a recorded deed of conveyance, plat and/or subdivision plat, and separated from other tracts, parcels or portions for the purpose of development or for the transfer of ownership. A lot may or may not be the land shown as a lot on a recorded subdivision plat.

Lot, Corner:

A lot abutting upon two or more streets at their intersection.

Lot, Depth of:

The mean horizontal distance between the front and rear lot lines.

Lot Division or Reconfiguration:

A legal description(s), which divides a parcel of land into one or more new parcels, or adjusts an existing parcel line into a new position on the ground.

Lot Improvement:

Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in the town code.

Lot, Interior:

A lot other than a corner lot.

Lot of Record:

Any lot or tax parcel of land which is one unit of a recorded plat designated by auditor's plat, subdivision plat, or other accepted means and separated from other parcels or portions of said description for the purpose of sale, lease or separation thereof that has been recorded in the office of the county clerk.

Lot Split:

Sale or transfer of any portion of an existing lot or subdivided lot at the time of the enactment hereof within the Town of Basin.

Lot, Through:

An interior lot having frontage on two nonintersecting streets.

Lowest Adjacent Grade (LAG):

The lowest point of the ground level next to the structure. Refer to the Elevation Certificate, FEMA Form 81-31, for LAG related to building elevation information.

Lowest Floor:

The lowest floor of the lowest enclosed area (including basement) used for living purposes, which includes working, storage, cooking and eating, or recreation, or any combination thereof. This includes any floor that could be converted to such a use including a basement or crawl space. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure's lowest floor. The lowest floor is a determinate for the flood insurance premium for a building, home or business.

"M"

DEFINITIONS:

Manufactured Home:

A structure, transportable in one or more dependent sections, constructed in conformance with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. 5401 et seq., as amended) , which is built on a permanent chassis and designed to be used as a single-family residential dwelling unit.

Manufactured Home Park:

An area occupied by three or more manufactured homes or mobile home spaces. A manufactured home park is distinguished from a subdivision, in which lots are sold for the placement of manufactured homes, by its being in one ownership.

Master Plan:

A comprehensive long-range plan intended to guide the growth and development of the community or region, and one that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities, and land use. The term master plan shall include the terms comprehensive plan and land use plan.

May:

Permissive.

Mean Sea Level:

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

Metes and Bounds Description:

A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

Minor:

An individual who is under the age of 18 years.

Minor in the Company of an Adult:

See ADULT and DINING OR WAITING AREA.

Mobile Home:

A "trailer house" is the same as a mobile home. See definition of Manufactured Home.

Mobile Home Park:

An area occupied by three or more mobile homes or mobile home spaces. A mobile home park is distinguished from a subdivision, in which lots are sold for the placement of mobile homes, by its being in one ownership.

Modular Construction:

A structure, transportable in one or more dependent sections, designed for use as a single family residential dwelling unit, not built on a permanent chassis, capable of being transported from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation and, when assembled, meets all of the provisions of the Uniform Building Code or International Building Code for residential dwelling units.

Modular Home:

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

Month:

A calendar month.

Municipality Or Municipal:

The Town of Basin.

"N"

DEFINITIONS:

New Construction:

A structure for which the "start of construction" commenced on or after February 19, 2014, and includes subsequent improvements to the structure.

New Manufactured Home Park or Subdivision:

A place where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed on or after February 19, 2014.

Nonconforming Use:

Any pre-existing structure, object of natural growth, or land use which is inconsistent with the provisions of this code.

Nuisance:

Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the town, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.

"O"

DEFINITIONS:

Oath:

Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."

Occupant:

As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.

Offense:

Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

Officers:

Whenever reference is made in this code to a town officer by title only, this shall be construed as though followed by the words "of the Town of Basin."

Open Space:

All area not covered by impervious surface.

Operator:

The person who is in charge of any operation, business or profession.

Owner:

Any individual, firm, associate, syndicate, partnership, trust, or any other legal entity having sufficient proprietary interest.

When applied to a building or land, "owner" shall include not only the owner of the whole but also any part owner, joint owner, tenant in common or joint tenant of the whole or part of such building or land and shall include any agent of such owner; and where such owner is a body corporate, it shall include the managing agent or officer within the Town of Basin.

Also, "owner" applies to any person owning, keeping, harboring, maintaining or having custody of, or being in charge of, a dog or other animal.

"P"

DEFINITIONS:

Parking Lot:

A parcel of land devoted to the parking of motor vehicles and available for use by the public.

Parking Space:

An area for the purpose of parking one automobile, having a minimum width of ten feet (10′) and a minimum length of twenty-two feet (22′), surfaced with concrete or asphalt, with access to a public street or alley.

Pasture:

Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.

Patio:

A horizontal unenclosed platform without railings, seats, trellises, or other features attached or functionally related to a principal use or site at ground level or at no point extending more than thirty inches (30″) above the ground. Platforms with railings, seats, trellises or other features shall be regulated as decks regardless of height above ground level.

Peddler:

Any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other conveyance and, provided further, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this code shall be deemed a peddler. The word "peddler" shall include the words "hawker" and "huckster."

Pedestrian Way:

The right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrian way, cross-walk or however otherwise designated.

Performance Bond:

A bond which may be required by the planning commission or Town of Basin council to insure the completion of any activity falling under the jurisdiction of this code.

Permanent Foundation:

A foundation meeting the building code and consisting of approved footings, crawl space or a basement.

Person:

Any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, fraternal organization, company, corporation, business, trust, or their manager, lessee, agent, servant, officer, or employee or any of them.

Personal Property:

Includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

Planned Unit Development (PUD):

A type of development characterized by a united site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperative housing; full fee ownership, commercial enterprises; or any combination of these, or cluster subdivisions of dwelling units; residential condominiums; townhouses; apartment buildings; campgrounds; recreational vehicle parks; mobile home parks; resorts; hotels; motels; and conversions of structures and land uses to these uses.

Plat:

A map or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to the law.

Plumbing:

The practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems, within or adjacent to any building or other structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of the storm water or sewage system of any premises to their connection with any point of public disposal or other terminal.

Practical Difficulties:

Used in connection with the granting of a variance, "practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.

Preceding, Following:

The next before and next after, respectively.

Preliminary Plat:

The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the planning commission and Town of Basin council for consideration.

Principal Use:

The principal use to which the premises are devoted.

Private Property:

Includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.

Professional Office:

The office of a member of a recognized profession maintained for the conduct of that profession. A profession is a vocation, calling, occupation or employment requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field; any occupation requiring licensing by the state and maintenance of professional standards applicable to the field.

Property:

Includes both real and personal property.

Public Improvement:

Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, utility or other facility for which either the town or county may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public Park:

A park, reservation, playground, or recreation or community center in the community owned, leased, or used wholly or in part by a town, county, state, school district, or federal government for recreational purposes.

Public Place:

Any place within the jurisdictional limits of the town which is owned by the town or any other governmental entity, or has been dedicated to the town, another government entity or the public, or private property upon which the public has been invited for vehicular traffic.

Public Property:

Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal parks, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water.

Public Uses and Facilities:

Public and quasi-public buildings, structures, and land uses operated by a governmental agency or non-profit community organization including non-residential schools, churches, meeting halls, parks, athletic fields, and governmental offices.

"Q"

DEFINITIONS:

There are no defined terms beginning with "Q."

"R"

DEFINITIONS:

Receptacle:

Any non-disposable container used for the purpose of containing refuse.

Recreational Vehicle:

Any vehicle or vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation or other vacation use.

Refuse:

Includes all hay, straw, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles and the residue from the burning or other destruction of all combustible material whatsoever, and all other material commonly known as rubbish or refuse of whatever kind or character or by whatever name known, except as excluded by this chapter.

Regulatory Floodway:

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Repetitive Loss:

Flood-related damages sustained by a structure on two separate occasions during a 10 year period for which the cost where the construction of facilities for servicing the lots on which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damages occurred.

Retailer:

Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.

Right-Of-Way:

The land covered by a public road and adjacent land designated or reserved for public use; also, the privilege of the immediate use of the roadway or other property.

"S"

DEFINITIONS:

Setback:

The shortest straight line distance between the outer extremity of a structure (including eaves), sewage treatment system, or other facilities and an ordinary high water level, sewage treatment system, road, highway, property line or other feature.

Shall:

Mandatory.

Special Exemption:

A special exemption is a certain use as listed in this code which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this code. A special exemption must be authorized by town council after appropriate findings.

Start of Construction:

Includes substantial improvement and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building.

State:

The state of Wyoming.

Status Offense:

An offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of Wyoming Statutes subsections 12-6-101(b) or (c) or any similar municipal ordinance.

Story:

That portion of a building, other than a basement, included between the surface of a floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Street:

Includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the Town of Basin.

Street Line:

The boundary line between a street and the abutting lot or land.

Structural Alteration:

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls.

Structure:

An object, including a mobile object, constructed or installed by man, including, but not limited to: buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Subdivision:

A division of a unit of land into two or more lots, plots, units, sites, or other subdivisions of land for the immediate or future purpose of sale, building development or redevelopment for residential, recreational, industrial, commercial or public uses. The word "subdivide" or any derivative thereof shall have reference to the term subdivision. It shall not include manufactured home courts where the individual lots are not offered for sale. Manufactured home courts in which lots are offered for sale shall be considered a subdivision.

Substantial Damage:

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of its market value before the damage occurred.

Substantial Improvement:

Any alteration, expansion, repair or other reconstruction of a structure for which the cost of construction, including labor, equals or exceeds 50% of the assessed value of the existing structure, not including land value. Labor shall be calculated at no less than the average cost for labor in the town for the work performed, as determined by the building official.

"T"

DEFINITIONS:

Temporary Structure:

Any structure which has been erected or moved unto a lot in order to be utilized for any purpose for a period not to exceed six months. Any structure which is not a temporary structure is considered a permanent structure and must comply with all provisions of this code.

Tenant; Occupant:

As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

Tobacco Products:

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

Town:

The Town of Basin, County of Big Horn, State of Wyoming.

Townhouse:

An attached, privately owned single-family dwelling unit which is a part of and adjacent to other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.

Trailer House:

See definition of MOBILE HOME.

Transient Merchant, Itinerant Merchant or Itinerant Vendor:

Any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. The words "temporary or transient merchant," for the purposes of this code, shall include all persons, firms and corporations, both as principal and agent, who engage in, do or transact any temporary or transient business, either in one locality or more or by traveling from one or more places in this city, selling goods, wares or merchandise and who for the purpose of carrying on such business, hire, lease or occupy a building, structure or car, for the exhibition and sale of such goods, wares or merchandise.

Treasurer:

The clerk-treasurer of the Town of Basin.

Tree:

Any object of natural growth.

"U"

DEFINITIONS:

There are no defined terms beginning with "U."

"V"

DEFINITIONS:

Variance:

Relief from certain provisions of this code, when due to the particular physical surroundings, shape or topographical condition of the property, compliance would result in a practical difficulty upon the property owner. A variance shall not be used to permit a use in a district where it is not allowed under the terms of this code.

Vending Machine:

Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens, or other form of payment, dispenses tobacco products.

Vicious Animal:

Any animal which attacks or rushes, bites, snaps, growls, or snarls at or otherwise menaces persons, other animals, or vehicles, in any public or private place outside the premises of its owner or keeper, or shows a disposition to do any of the foregoing without provocation or excuse.

Vicious Dog:

Any dog which attacks or rushes, bites, snaps, growls, or snarls at or otherwise menaces persons, other animals or vehicles, in any public or private place outside the premises of its owner or keeper, or shows a disposition to do any of the foregoing without provocation or excuse.

Viewshed:

An area of land, water, or other environmental element that is visible to the human eye from a fixed vantage point. Viewsheds are areas of particular scenic or historic value that are deemed worthy of preservation against development or other change. Viewsheds are spaces that are readily visible from public areas such as from public roadways or public parks.

Visibility Triangle:

An area of a lot or parcel where development is restricted adjacent to the intersection of streets with other streets or alleys or with driveways, to allow for vehicular visibility. The visibility triangle includes that portion of both the public and private property at any intersection bounded by the curb line or edge of roadway of the intersecting streets, alleys and drive aisles and a line joining points on the curb or edge of roadway thirty feet (30′) from the point of intersection of the extended curb lines or edges of roadway or drive aisle.

"W"

DEFINITIONS:

Water Surface Elevation:

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other specified datum) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

Wholesaler:

The terms "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.

Width:

The distance from the exterior face of the building siding as measured from side to side.

Written, in Writing:

Includes printing, lithographing or modes of representing words and letters; provided, that in all cases where the written signature of a person is required, the proper handwriting of such person, or his or her mark, shall be required.

"X"

DEFINITIONS:

There are no defined terms beginning with "X."

"Y"

DEFINITIONS:

Yard:

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted herein, and located between the building and the adjoining lot lines. Yard measurements shall be the minimum horizontal distances between the lot lines and the building, provided that a rear yard shall be measured between the rear line of the building and the center line of the alley in the rear of the lot where such an alley is platted.

Yard, Front:

A yard extending across the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

Yard, Rear:

A yard extending across the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard, Side:

A yard between the building and the adjacent side line of the lot and extending from the front yard to the rear yard.

Year:

A calendar year.

"Z"

DEFINITIONS:

Zoning Officer:

Appointed official tasked with the enforcement of zoning regulations in the Town of Basin.

(Ord. 625, 6-11-2013; Ord. 626, 1-14-2014)