City of Evanston, WY
Uinta County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added by Ord. No. 84-45; amended by Ord. No. 85-8; Ord. No. 85-32; Ord. No. 90-18; Ord. No. 92-4; Ord. No. 94-26; Ord. No. 96-15; Ord. No. 97-19; Ord. No. 99-11; Ord. No. 00-8; Ord. No. 02-10]
For the purpose of carrying out the intent of this chapter, the following words, phrases and terms shall be deemed to have the meanings ascribed to them and shall be interpreted to have the standards and include the parts, elements and features set forth in this section.
ABUT
To be contiguous to; for example, two lots adjoining with a common property line are considered to be "abutting."
ACCESS
The place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use from a public dedicated street.
ACCESSORY BUILDING
A detached subordinate, building situated on the same lot as the main building and used for an accessory use.
ACCESSORY USE
A use customarily incidental to, related to and clearly subordinate to a principal use of a building established on the same lot or parcel of land.
ADJACENT
Near, close or contiguous to; for example, an industrial zone across a street or highway from a residential zone shall be considered as "adjacent."
ADVISORY AGENCY
The City planning and zoning commission, which is herein designated as the advisory agency to the City council on all matters related to the zoning and use of land or structures.
ALLEY
A public right-of-way twenty feet wide which is maintained and which affords a means of vehicular access to the side or rear of properties abutting a street or highway.
ALTERED
The same as "structural alterations."
AMENDMENT, AMENDED
An addition, deletion or change in the wording, context or substance of this chapter.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be only incidental to such hospital use.
APARTMENT
A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. Kitchens and baths shall not be considered rooms for the purpose of definition.
AUTOMOBILE, MOBILE HOME, BOAT, MOTORCYCLE, FARM IMPLEMENT, SNOWMOBILE AND TRAILER SALES AREA
An area other than a street used for the display, sale or rental of any of these products, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE SERVICE STATION
A business which services motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including a mechanical car wash), grease racks and automobile repairs.
BASEMENT
A space wholly or partly underground and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining grade; if the finished floor level directly above a basement is more than six feet above graded at any point, such basement shall be considered a story.
BUILDING
A structure having a roof supported by columns or walls and maintained for the support, shelter or enclosure for persons, animals, chattels or property of any kind.
BUILDING HEIGHT
The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the building.
BUILDING, MAIN
A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. Where a permissible use involves more than one building designed or used for a primary purpose, each such building on the building site shall be defined as a main building.
BUILDING SITE
The ground area of a building, together with all the open space required by this chapter.
BUSINESS or COMMERCE
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 enterprise, or maintenance and use of offices by professions.
BUSINESS BUILDING
Any building not used as a dwelling.
CARPORT
A permanent roofed structure used for automobile shelter and automobile storage only.
CHILD EDUCATIONAL FACILITY
A place where the primary intent and purpose is to provide an educational experience for preschool children. This includes, but is not limited to, kindergarten, preschool and head start programs.
CHURCH
A permanently located building commonly used for religious worship, fully enclosed, with wall, including windows and doors, and having a roof, canvas and fabric excluded, and conforming to applicable legal requirements affecting design and construction.
CLINIC
A place for a group of medical services not involving overnight housing of patients.
CLUB
An association of persons for some common purpose, but not including groups organized primarily to render service which is customarily carried on as a business.
COCKTAIL LOUNGE or BAR
A place which is licensed under Wyoming Statutes, 1977, title 12, with a retail liquor or malt beverage license, upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages. "Cocktail lounge" and/or "bar" does not include restaurant.
COMMISSION or PLANNING COMMISSION
The planning and zoning commission of the City.
CONDITIONAL USE PERMIT
A "conditional use permit" may permit those uses as described in this chapter under special conditions granted after review by the planning and zoning commission. Those conditions attached to the use must have a reasonable and valid relationship to the use and compatibility of surrounding property.
CONTIGUOUS
To be "contiguous" to means the same as to "abut."
CONVALESCENT HOME
The same as "nursing home."
CORNER CUTBACK
The provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys and/or private driveways, as provided in the zones.
DAY CARE CENTER
A business place used primarily for the care of children on a regular basis. Includes infant care for children who are under two years of age. But does not include home occupation child care as defined herein.
DISTRICT
Means the same as "zone."
DRIVEWAY
An accessway to a required off-street parking facility and which shall be open and unencumbered to a height of not less than eight feet. It shall be safe and usable.
DWELLING
A building or portion thereof designed exclusively for residential occupancy, including one-family and multiple-family, but not including hotels or boarding and lodging houses.
DWELLING, MULTI-FAMILY
A building or buildings attached to each other and containing two or more dwelling units. The term "multi-family dwelling" is intended to apply to such dwelling types as triplex, fourplex and apartments where any dwellings have their primary access to a common hallway or corridor.
DWELLING, SINGLE-FAMILY, ATTACHED
A building containing dwelling units, each on its own lot and each of which has primary ground floor access to the outside and which are attached to each other by common walls without openings. The term "single-family attached" is intended primarily for dwelling types such as townhouses and duplexes.
DWELLING, SINGLE-FAMILY, DETACHED
A building containing only one dwelling unit entirely separated by open space from buildings on adjoining lots or building sites.
DWELLING UNIT
One or more rooms in a dwelling or portion thereof, used or designed and intended to be used for occupance by one family for living and sleeping quarters, and containing only one kitchen.
DRIVE-IN BUSINESS
All commercial enterprises where business or service is directly to an automobile and/or its occupants, or where an automobile discharges passengers for quick service where there is little or no separation of pedestrian and automobile traffic.
EASEMENT
A space on a lot or parcel of land, and so indicated on a subdivision map or deed restriction or otherwise reserved for or used for public utilities or public uses.
EDUCATIONAL INSTITUTIONS
Public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities and nonprofit research institutions. Such institutions must (1) offer general academic instruction equivalent to the standards prescribed by the state board of education, (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.
FAMILY
A person or persons, related by blood, marriage or adoption, living together in a dwelling unit.
FENCE, BARBED WIRE
A physical barrier constructed of barbed wire; permitted only in a A-E zone.
FENCE, USUAL
Any device forming a physical barrier between two areas. This shall include wire mesh, steel mesh, chain link, louvre, stake, masonry and lumber and other similar materials, excluding barbed wire.
FRONTAGE
The narrowest dimension of the lot which abuts on a dedicated or highway right-of-way line. Frontage is expressed in lineal feet and is measured along such right-of-way line. Where a future street or highway right-of-way line has been established on the general or master plan or other official plan, frontage shall be measured along that line.
GAMING
Specific activities limited to slot machines, video poker machines, electronic gambling devices, blackjack and poker licensed by the state or authorized political subdivision.
GAMING DEVICE
Any device, machine, paraphernalia or equipment used in the act of gaming.
GAMING ESTABLISHMENT
Any building, room, enclosure, vehicle, vessel or other place whether open or enclosed, used or intended to be used for gaming, having one or more gaming devices.
GARAGE, PRIVATE
A detached accessory building or portion of a main building on the same lot as a dwelling, used for housing vehicles of the occupants of the dwelling, having a roof and enclosed on not less than four sides. Any such structure enclosed on three sides or less shall be considered a carport.
GARAGE, PUBLIC
Any premises used exclusively for the storage of vehicles.
GASOLINE SERVICE STATION
Means the same as "automobile service station."
GENERAL OR COMPREHENSIVE PLAN
The words "general plan" shall mean the master or comprehensive plan for the City or any element of such plan.
GROSS FLOOR AREA
All the covered interior space within the exterior walls including all levels of floors and all exterior covered space such as patios or covered entrance ways.
HANDICAP or HANDICAPPED
Having a physical or mental impairment that substantially limits an individual's major life activities so that such individual is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment.
HIGHWAY
A major or secondary highway as delineated on the general plan or any element thereof (see "street").
HEDGE
A plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.
HOME OCCUPATION
A business conducted for a profit by the occupant within a residential dwelling as a use that is secondary to the primary use of the dwelling for residential living.
HOME OCCUPATION CHILD CARE
An occupation carried on by the occupant of a residential dwelling as a secondary use, providing care for children in a home setting.
HOSPITAL
Any building or portion thereof used for accommodations and medical care of sick, injured or infirm persons. Such a facility must be licensed by the state.
IMPROVED LOT
A lot that is connected to a public water sewer system or, in the absence of such a system, other sanitary methods which meet with the approval of the planning and zoning commission.
INDUSTRY
The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
JUNK
Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its purpose as readily as when new shall not be considered as junk.
JUNK OR SALVAGE YARD
A lot, land or structure, or part thereof, used primarily for collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
KENNEL
Any lot, building, structure, enclosure or premises where four or more pets are boarded.
KITCHEN
Any room used or intended or designed to be used for the cooking or preparation of food.
LARGE RETAIL ESTABLISHMENT
A retail establishment or any combination of retail establishments within a single building occupying more than twenty-five thousand square feet of total floor area.
LODGING FACILITIES
Motels, hotels, bed-and-breakfasts, hostels, rooming and boardinghouses and similar uses.
[Added 12-16-2008 by Ord. No. 08-07]
LOT
Means the same as "building site."
LOT AREA
Means the same as "area."
LOT, INTERIOR
A lot other than a corner lot.
LOT, NONCONFORMING
A parcel of land as shown on the records of the county assessor at the time of passage of this chapter, whose area, width or depth is less than that required in the zone in which it is located.
LOT, THROUGH
Any lot having frontage on two parallel or approximately parallel streets.
LOT LINE, FRONT
The front property line of a lot shall be determined as follows:
A. 
Corner lot - The front property line of a corner lot shall be the property line that the principal entrance of the building fronts on. The front yard and street yard of a corner lot shall maintain setback distances required for adjacent lots.
[Amended 9-7-2010 by Ord. No. 10-07]
B. 
Interior lot - The front property line of an interior lot shall be the lot line abutting the street.
C. 
Through lot - The front property line of a through lot shall be designated by the planning commission in approving the subdivision plat. Where such lot is over two-hundred feet deep, each lot line abutting a street shall be considered a front lot line.
LOT LINE, REAR
A lot line which is opposite and most distant from the front lot line, in case of an irregular, triangular or gore-shaped lot; provided, that the rear lot line is a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE
The side property lines of a lot are those lot lines, connecting the front and rear property lines of a lot.
LOT WIDTH
The width of a lot shall be:
A. 
If the side property lines are parallel, the shortest distance between these side lines.
B. 
If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line adjoining the midpoints of the front and rear property lines.
MAJOR BUILDING FACADE
The exterior facade of a large retail establishment which encompasses a customer entrance.
MINOR BUILDING FACADE
The exterior facade of a large retail establishment which does not encompass a customer entrance.
MODIFIED GROSS FLOOR AREA
Eighty-five percent of the gross floor area or as otherwise determined by the City engineer.
MODULE
A factory fabricated, transportable building unit designed to be incorporated at a building site into a structure to be used for residential, commercial, educational or industrial purposes.
MOTEL
A building containing lodging rooms having adjoining individual bathrooms, where more than seventy-five percent of the lodging rooms are for rent to transient automobile tourists for a continuous period of less than thirty days.
NONCONFORMING USE
A building, structure or use of land lawfully existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
ON-SITE HOME OCCUPATION
A home occupation where the primary business activity occurs on the premises at the physical location of the home occupation; such a use includes, but is not limited to, offices, beauty salons, telemarketing and similar uses.
OFF-SITE HOME OCCUPATION
A home occupation where the primary business activity occurs off the premises of the home occupation; such a use includes, but is not limited to, mobile services, delivery services, and similar uses.
NURSING HOME
A hospital or home operated for the continued care of people who do not require constant medical attention.
PARCEL OF LAND
A contiguous quantity of land in the possession of, owned by or recorded as the property of the same claimant or person.
PARKING AREA, PUBLIC
An open area, other than a street, used for parking of automotive vehicles and restricted from general public use.
PLANNED UNIT DEVELOPMENT
A development of mixed densities and uses which creates "community atmosphere." The uses and densities are subject to negotiation between the developer and the planning and zoning commission.
PRIVATE
Owned or operated by a nongovernmental entity.
PROFESSIONAL USE
The rendering of service of a professional nature by:
A. 
Architects, engineers and surveyors;
B. 
Doctors of medicine, osteopathy, dentistry and optometry;
C. 
Lawyers;
D. 
Accountants;
E. 
Consultants and practitioners who are recognized by the appropriate above licensed professions;
F. 
Chiropractors, chiropodists and naturopaths;
G. 
Dispensing opticians.
PROPERTY LINE
Means the same as "lot line."
PUBLIC
Owned or operated by a governmental entity.
PUBLIC RIGHT-OF-WAY
Land dedicated to the City or other public entity for public uses, either actual or intended, including but not necessarily limited to streets, highways, alleys, and/or sidewalks.
RESIDENCE
A building used, designed or intended to be used as a home or dwelling.
RESIDENT
A person who pays for or for whom payment is made for staff persons in the dwelling to provide care, education, therapy, counseling and participation in community activities for the resident with the primary goal of enabling the residents to live as independently as possible and reach their maximum potential.
RESTAURANT
A place which is used for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of food which may be required for ordinary meals. "Meals" shall mean the usual assortment of foods commonly ordered at various times of the day. The service of such food and victuals only as sandwiches or salads shall not be deemed to constitute a restaurant.
REST HOME
Means the same as "nursing home."
RETAIL ESTABLISHMENT
An establishment where the primary use of the total floor area is devoted to the sale or rental of merchandise to the general public.
RETAIL SUPERSTORE
A retail establishment such as a discount department store in combination with a supermarket within a single building occupying more than twenty-five thousand square feet of total floor area.
RETAIL WAREHOUSE/WHOLESALE CLUB
The largest type of superstore providing a limited selection of merchandise packaged in bulk quantities.
ROOM
An unsubdivided portion of the interior of a building, excluding bathrooms, closets, hallways, kitchens and service porches.
SERVICE STATION
Means the same as "automobile service station."
SETBACK LINE, FRONT YARD
The line which defines the depth of the required front yard. Such setback line is parallel with the street line, or when established by the master plan of streets and highways with the highway right-of-way line, or by the provisions of this chapter removed therefrom by the perpendicular distance prescribed for the front yard in the zone.
SHOPPING CENTER or CENTERS
A group of three or more commercial establishments having common access and/or parking facilities.
STORY
A space in a building between the surface of any floor and the finished ceiling above, or the underside of the roof above (see "basement").
STREET
A public right-of-way whose function is to carry pedestrian and vehicular traffic and provide access to abutting property.
STREET, SIDE
The street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.
STRUCTURE
Anything constructed or built over the height of six feet, any edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as uncovered patios, paved areas, walks, tennis courts and similar recreation areas.
SUPERMARKET
A retail establishment primarily selling food, as well as other convenience and household goods.
USE
The purpose for which land and/or a building is erected, arranged, designed or intended or for which land and/or a building is or may be occupied or maintained.
USED
Includes the words "arranged for," "designed for" and "occupied or intended to be occupied for."
VARIANCE
A permit for deviation from the provisions established in the zone in which the property is located, granted by the planning and zoning commission or on appeal to the board of adjustment.
VISUAL OBSTRUCTION
Fencing, hedges, trees, shrubs and walls, or any combination thereof which materially limits the visibility of persons at intersecting or intercepting streets and alleys (see also "corner cutback").
WALL
Any structure or device forming a physical barrier which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through such surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier.
YARD
Any open space other than a court on the same lot with a building or dwelling group, which space is generally open from the ground to the sky, except for the projection and/or accessory buildings permitted by this chapter.
YARD, FRONT
A space between the front yard setback line and the front lot line or planned street right-of-way line, and extending the full width of the lot. The front yard of a cul-de-sac lot shall be measured from its narrowest depth.
YARD, REAR
A space between the rear yard setback line and the rear lot line, extending the full width of the lot.
YARD, SIDE
A space extending from the front yard setback line, or from the front lot line where no front yard is required by this chapter, to the rear yard setback line of the rear lot line, between a side lot line and the side yard setback line.
ZONE
A land area shown or described in the land use zoning map, to which uniform regulations apply.
ZONE CHANGE
The legislative act of removing one or more parcels of land from one zone and placing them in another zone on the land use zoning map.
ZONING MAP
The official map which describes thereon the several zoning districts to which the regulations set forth in this chapter shall apply.