The words, terms and phrases set out in this
article are defined and shall be interpreted in the same fashion throughout
this chapter. The word "shall" is always mandatory. The word "may"
is permissive. Words used in the present tense shall include the future
tense, and words used in the singular shall include the plural. Terms
not defined in this article shall have the meaning customarily assigned
to them.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY DWELLING UNIT (ADU)
A separate dwelling unit located on a residential lot having
a single-family residence that has facilities to independently support
living conditions but utilizing a separate outside entrance; may be
a unit above an attached accessory building (garage). This includes
bathroom facilities and kitchen facilities. An ADU shall not exceed
800 square feet of living space. A bonus room is not an ADU and is
not subject to the conditions that apply to an ADU. An accessory dwelling
unit may be either attached or detached from the associated single-family
residence.
[Added 1-10-2011 by Ord. No. 468]
ACCESSORY STRUCTURE
A subordinate building, the use of which is incidental to
that of a main building located on the same zone lot.
ACCESSORY USE
A use not a permitted use as authorized by this chapter but
a subordinate use operated on the same zone lot as the permitted use
either in the same structure as the permitted use or an accessory
structure.
ALLEY
A public or private thoroughfare which provides only a secondary
means of access to abutting property.
ANIMAL BOARDING
Any establishment where companion animals are maintained
for breeding, boarding, holding, training, or similar purposes for
a fee or compensation.
[Added 3-10-2014 by Ord. No. 513]
ANIMAL CLINIC
Any establishment where animals are admitted principally
for short-term treatment, examination or care by a doctor of veterinary
medicine. Boarding is provided only for medical purposes or treatment.
[Added 3-10-2014 by Ord. No. 513]
ANIMALS, COMPANION
A household animal kept for a person's enjoyment. Animals
such as cats, dogs, rodents, reptiles, birds, fish, and other similar
animals.
[Added 3-10-2014 by Ord. No. 513]
ANIMAL LIMIT
Each primary residential dwelling unit is permitted up to
four same-species companion animals six months and older.
[Added 3-10-2014 by Ord. No. 513]
ANIMALS, LIVESTOCK
Domesticated animals raised in an agricultural setting to
produce commodities such as food, fiber and labor. Animals such as
poultry, sheep, goats, rabbits, cattle, swine, llamas, horses, mules
and other similar animals.
[Added 3-10-2014 by Ord. No. 513]
ANIMAL SHELTER
Any establishment where unwanted or lost animals and fowl
are housed, confined, treated and cared for.
[Added 3-10-2014 by Ord. No. 513]
BATHROOM FACILITIES
Includes at a minimum a sink, toilet and a bath tub and/or
shower.
[Added 1-10-2011 by Ord. No. 468]
BOARD
The Planning and Zoning Commission of the Town.
[Amended 1993 by Ord. No. 254]
BOARDINGHOUSE or BED-AND-BREAKFAST
A building other than a hotel where, for compensation, meals
or lodging and meals are provided for three or more persons, but not
exceeding 20 persons, and where no separate cooking facilities for
use by boarders are allowed.
[Amended 1993 by Ord. No. 254]
BONUS ROOM
A living area separated from a single-family dwelling that
does not contain facilities to support separate living conditions.
May contain a full bathroom, but not kitchen facilities.
[Added 1-10-2011 by Ord. No. 468]
BUILDING
Any permanently affixed, covered structure intended for the
shelter, housing or enclosure of persons, animals or goods.
BUILDING FRONTAGE
That facade of a structure containing a permitted use which
is generally parallel to and closest to the front line of a zone lot.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof, to the
deck line of a mansard roof, and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
COMMISSION
The Planning and Zoning Commission of the Town.
[Amended 1993 by Ord. No. 254]
CORNER LOT
A zone lot situated at the intersection of two or more streets.
COUNCIL
The Town Council of the Town.
DAY CARE
An activity regulated by the state and providing care for
children out of their own home for two hours or more but less than
24 hours a day.
DISTRICTS
Any section or area of the Town for which the regulations
governing the use of land and the use, density, bulk, height and coverage
of buildings and other structures are uniform.
DRIVE-IN RESTAURANT
A retail establishment engaged in the sale of prepared food
and drink which is served to and/or consumed on the premises by the
occupants of vehicles in their vehicles.
DRIVE-THROUGH FACILITY
The use of land, buildings or structures, or parts thereof,
to provide or dispense products or services, either wholly or in part,
through an attendant or a window or automated machine, to persons
remaining in motorized vehicles that are in a designated stacking
lane. A drive-through facility may be in combination with other uses
such as a dry-cleaning or laundry shop, branch of a bank or financial
institution, restaurant/bar, retail store, or other use requiring
a drive-through facility. Despite the above, a drive-through facility
does not include a car-washing establishment or automobile service
station.
[Added 2-25-2013 by Ord. No. 496]
DWELLING UNIT
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained unit.
[Amended 12-12-2011 by Ord. No. 484]
FAMILY
One or more persons who live together in a traditional family
or in a domestic relationship that, in theory, size, appearance and
structure, is a functional and factual equivalent of a traditional
family of related persons living together and sharing meals. A single,
not-for-profit housekeeping unit in a dwelling containing kitchen
facilities.
[Amended 12-12-2011 by Ord. No. 484]
FOSTER CARE
An activity regulated by the state and providing care for
children in a facility or home on a twenty-four-hour-a-day basis.
FRONT LINE
Any boundary line of a zone lot parallel to and abutting
the right-of-way line of an officially approved street or highway.
FRONT YARD
The required open space extending across the full width of
a zone lot between the front line and an authorized structure.
GAMING
Risking any property for gain contingent in whole or in part
upon lot, chance, the operation of a gaming device or the happening
or outcome of an event, including a sporting event, over which the
person taking the risk has no control.
[Added 1994 by Ord. No. 285]
GAMING DEVICE
Any device, machine, paraphernalia or equipment used in the
act of gaming.
[Added 1994 by Ord. No. 285]
GAMING ESTABLISHMENT
Any building, room, enclosure, vehicle, vessel or other place,
whether open or enclosed, used or intended to be used for gambling,
having three or more gaming devices.
[Added 1994 by Ord. No. 285]
GASOLINE FILLING STATION
A retail establishment engaged in the sale of automotive
fuels, motor oil or other automobile accessories, and providing incidental
services, including lubrication, hand washing and cleaning, or minor
mechanical work and repairs. The phrase shall not include painting
or body work nor the sale of butane or propane fuels.
GROSS FLOOR AREA
The sum of the areas of the several floors of a building
measured between the exterior faces of the walls at each floor, excluding
any floor area used exclusively as parking for motor vehicles.
HOME OCCUPATION
A gainful occupation conducted by members of the family only
within the dwelling, which is clearly incidental and secondary to
the use of the dwelling for dwelling purposes and does not change
the character thereof.
HOSPITAL
An institution intended primarily for the medical diagnosis,
treatment and care of patients being given medical treatment.
HOTEL
A building, with or without individual kitchen facilities, occupied by transient guests who are lodged with or without meals, the rooms of which have primary access from interior public halls, and in which building or portion thereof there are or may be certain public rooms or halls for the service of food and drink, with or without entertainment, and other facilities intended to provide customary accessory conveniences or services normally incidental to and associated with such a use. Dwelling units located within the hotel shall have consistent use as a hotel where lodging is offered for compensation of weekly, daily or hourly rental dwelling units. Hotels shall have on-site housekeeping services and custodial services for the sole purpose of servicing those guests paying for said lodging. In compliance with WS § 15-1-601(d)(iv) and §
475-6, Continuation of existing uses, of the Pinedale Municipal Code, the provisions of this definition shall not apply to hotels in operation as of November 26, 2007.
[Added 11-26-2007 by Ord. No. 2007-431; amended 9-13-2021 by Ord. No. 689]
INSTITUTION
A building or building complex occupied by a nonprofit establishment
for public or semipublic use.
JUNKYARD
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storing
and salvaging of machinery or vehicles not in running condition, or
for the sale of parts thereof.
KITCHEN FACILITIES
Includes the presence or capability of supporting appliances
used in the preparation of food, including a sink, refrigerator, and
stove.
[Added 1-10-2011 by Ord. No. 468]
LOADING BAY
The minimum dimensions for a loading bay shall be 12 feet
wide by 25 feet long excluding the maneuvering area. If the area is
covered, the minimum height shall be 14 feet.
[Added 2-25-2013 by Ord. No. 496]
LOADING SPACE
The portion of a site developed for deliveries or the loading
or unloading of motor vehicles or trailers, including loading bays,
aisles, access drives, stacking lanes and related landscaped areas.
It can also include the loading/unloading of people.
[Amended 2-25-2013 by Ord. No. 496]
MEAT PROCESSING FACILITY
A facility where preslaughtered game and domestic animals
are prepared and processed into food products for the owner of the
animal.
[Added 11-12-2013 by Ord. No. 501]
MOBILE HOME
As defined in §
475-198, Definitions. In the event of a conflict between Article
XXIV, Manufactured Homes, of this chapter and the other provisions of this Chapter
475, the more stringent provision shall apply.
MOBILE HOME COURT OR PARK
A development consisting of two or more mobile homes designed
exclusively for the parking or other type of installation of mobile
homes on spaces or lots offered for lease, rent or otherwise assigned
for use by mobile homes, including all improvements, buildings, structures,
recreation areas or other facilities for the use of the residents
of such development.
MOBILE HOME SUBDIVISION
A subdivision consisting of two or more lots and meeting all of the requirements of Chapter
400, Subdivision of Land, of this Code, the lots of which are intended to be sold, leased or assigned for use by mobile homes to create a suitable environment for long-term residential occupancy.
MODULAR HOME
A structure or part of a structure capable of being transported by an appropriate vehicle from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation which, together with the assembled structure, meets all of the provisions of the International Building Code dwelling unit standards as indicated in §
175-1, Adoption of standards.
[Amended 8-23-2010 by Ord. No. 461; 8-24-2015 by Ord. No. 550]
MOTEL
A building or series of buildings in which lodging is offered for compensation and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit. Dwelling units located within the building or series of buildings shall have consistent use as a motel where lodging is offered for compensation of weekly, daily or hourly rental dwelling units. Motels shall have housekeeping services and custodial services for the sole purpose of servicing those guests paying for said lodging. In compliance with WS § 15-1-601(d)(iv) and §
475-6, Continuation of existing uses, of the Pinedale Municipal Code, the provisions of this definition shall not apply to motels in operation as of November 26, 2007.
[Amended 11-26-2007 by Ord. No. 2007-430; 9-13-2021 by Ord. No.
690]
MULTIFAMILY DWELLING
A building containing two or more attached dwelling units,
including townhomes, apartments, duplexes, row houses, assisted living
facilities and other similar buildings.
[Added 12-12-2011 by Ord. No. 484]
OPEN SPACE
That portion of a zone lot not occupied by a structure, not
utilized for parking and not otherwise used in the operation of the
permitted use. Setback areas meeting this definition shall be considered
as "open space."
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet exclusive
of passageways and driveways appurtenant thereto and having direct
access to a street or alley.
PET SHOP
Any establishment that sells companion animals to the general
public at retail or wholesale.
[Added 3-10-2014 by Ord. No. 513]
PUBLIC UTILITY
Any person, firm, corporation, municipal department or board
duly authorized to furnish and furnishing under state or municipal
regulations to the public electricity, gas, steam, communication,
telegraph, transportation or water.
REAR LINE
A.
On any zone lot with but one front line, the
"rear line" shall be the boundary of the zone lot opposite the front
line.
B.
On any zone lot with two front lines, the "rear
line" shall be fixed by the Planning and Zoning Department, taking
into consideration the orientation and location of existing structures
in the area, probable orientation of proposed structures, and the
use of the rear portion of zone lots in the district.
[Amended 8-23-2010 by Ord. No. 461]
C.
On any zone lot with three or more front lines
there shall be no rear line.
REAR YARD
The required open space between the rear lot line and a structure
containing a permitted or an accessory use.
RECREATIONAL FACILITIES
Land and structures, along with accessory equipment, designed
and utilized for leisure-time activities of a predominantly outdoor
nature and of more specific purpose than passive park-like open spaces.
RECREATIONAL VEHICLE
Any pickup truck, camper, motor home, travel trailer or other
mobile unit designed or modified to be used for vacation or recreational
purposes.
RESTAURANT
A retail establishment engaged in the sale of prepared food
and drink which is served to customers entirely within the structure
housing the permitted use.
SETBACK LINES
The lines defining the buildable area of the zone lot and
the inside limits of the required yards.
SIDE LINE
Any boundary of a zone lot not a front line or a rear line.
SIDE YARD
The required open space between the side line of the zone
lot and an authorized structure on the zone lot.
SIGN
Any device or display of letters, words, models, banners,
flags, pennants; symbols or other representations which are in the
nature of an announcement or advertisement or calls attention to a
product, service, organization, person or event. "Sign" does not include
the flag, pennant or insignia of any nation, state, city or other
political unit. Types of signs authorized by this chapter include:
A.
BILLBOARDA board, panel or tablet used for the display of posters, printed or painted advertising matter either illuminated or nonilluminated, which directs attention to goods, merchandise, entertainment or services offered elsewhere than the premises where the sign is located.
B.
BUILDING COMPLEX SIGNA sign intended to identify a number of buildings or a building complex designed as an integrated development.
C.
BULLETINA notice or message typically erected by a church or a public institution not advertising a commercial product, goods or service.
D.
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
E.
FLASHING SIGNAn illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this chapter, any revolving illuminated sign shall be considered a "flashing sign."
G.
HOME OCCUPATION SIGNA sign giving notice of an authorized home occupation being conducted in a dwelling unit.
H.
ILLUMINATED SIGNA sign designed to give forth artificial light, or designed to reflect light derived from any source.
I.
SANDWICH SIGNAn advertising or business ground sign which is constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top and with each angular face held at an appropriate distance by a supporting member.
J.
TEMPORARY CONSTRUCTION SIGNA sign identifying new development or construction and including such information as the name of the project, the owner, the leasing agent, the contractor, the architect and brief descriptive material on the project or other pertinent data.
SINGLE-FAMILY DWELLING
A building designed as a single detached dwelling unit, used
exclusively for occupancy by one family.
[Amended 8-23-2010 by Ord. No. 461; 12-12-2011 by Ord. No. 484]
SLAUGHTERHOUSE
A facility where animals are killed for consumption as food
products.
[Added 11-12-2013 by Ord. No. 501]
STACKING LANE
An on-site queuing lane for motorized vehicles which is separated
from other vehicular traffic and pedestrian circulation by barriers,
markings or signs. It may also be used as a drop-off lane for temporary
parking with frequent turnover, such as for schools, day cares, airports,
etc.
[Added 2-25-2013 by Ord. No. 496]
STRUCTURE
Anything constructed or erected, the use of which requires
a more-or-less permanent location on the ground. Fences, signs, utility
poles and lines, railways, monuments, statuary, flagpoles, roadways
and bridges shall not be considered structures for the purposes of
this chapter.
UNLICENSED OR INOPERABLE VEHICLE
A motor vehicle which does not have a valid state license,
is not mechanically able to operate or which cannot otherwise legally
operate on the highway.
YARD
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
ZONE LOT
A single parcel of contiguous land occupied or intended to
be occupied by structures and uses as permitted by this chapter together
with the open spaces required by this chapter. All "zone lots" shall
abut on a public street or an officially approved way.