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HomeMy WebLinkAbout604 PZ 25 PZC Staff report 604 PZ 25 APPLICANT: Lincoln County Planning & Development Office PROJECT: Land Use Regulations Amendment, Chapter 7 Definitions, Subcategories and Table PLANNER: Ken Kuluski ____________________________________________________________________________________ PROPOSAL: File # 604 PZ 25 is a Proposed Amendment to the Lincoln County Land Use Regulations to modify three sections that will address recent development issues. Proposal A. Modify language in Chapter 7 Definitions Proposal B. Amend 7.2 Land Use and Small Business Subcategories Proposal C. Amend Table 7.3. Land Use Table Proposal D. Change “Business Days” to “Days” throughout the Lincoln County Land Use Regulations BACKGROUND: The Planning and Zoning Commission and the Board of County Commissioners have expressed a desire to clarify Chapter 7 of the Land Use Regulations by modifying the text to represent the current development goals of the County and provide more directly applicable definitions. ATTACHMENTS: 1. Public Correspondence ____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that The Planning & Zoning Commission APPROVE file # 604 PZ 25 Proposal A thru D with: LINCOLN COUNTY PLANNING AND ZONING BOARD STAFF REPORT LAND USE REGULATION AMENDMENT PROPOSAL HEARING TIME AND DATE: 6:00 p.m., January 21, 2026 HEARING LOCATIONS: Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming & Lincoln County Courthouse, Commissioners Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming FILE # 604 PZ 25 604 PZ 25 FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of W.S. 18-5-202 (b) for the adoption and amendment to a comprehensive plan, including zoning. B. The proposal is consistent with the goals and objectives of the Lincoln County Comprehensive Plan Goals and Objectives IV Land Use, specifically: Goals: C. Reduce the impacts new development has on county and community services. Objectives: 1. Create Land Use Regulations that promote responsible and orderly development of Lincoln County. C. The proposal is consistent with the procedures outlined in Lincoln County Land Use Regulations Chapter One for the adoption of amendments, specifically regarding the noticing of plan amendment and rezone proposals. PROPOSAL A: PROPOSED CHANGES ARE RED, DELETED TEXT IS STRUCK OUT. Chapter 7 LAND USE DEFINITIONS 7.1 DEFINITIONS Unless the context otherwise specifies, the following words, terms, phrases and their derivatives shall be interpreted in the same fashion by the Planning Director: A. “Shall” and “required” are mandatory. B. “May” is a permissive requirement; “should” is not mandatory, but less permissive than “may”. C. “Encouraged” is associated with a standard or policy which encourages or discourages certain kinds of performance by an applicant. D. Words used in the present tense shall also include the future tense; words used in the singular shall also include the plural. E. Predominant land use shall have hierarchy for permitting projects with a mixture of uses. F. In computing any period of time prescribed or allowed by these rules, the term “day(s)” refers to calendar day(s). Abandonment - The actual cessation of any existing use or non-conforming use. Accessory Use - A use incidental and subordinate to the principal use of the premises. Acreage, gross - The surface area within the property lines of a lot. This measurement is used in calculating density. 604 PZ 25 Acreage, net - The surface area within the property lines of a lot excluding roads, land use easements, rights of ways, areas within the floodplain, or other areas dedicated or reserved for public use that prohibit surface use of the land. Action - A decision is made, by motion, on a particular application by the Planning and Zoning Commission and Board of County Commissioners. Addition- Construction that expands the building's original floor plan while creating more living space (requires a new permit). This does not include a porch, patio, carport, or awning. Adjoining Property - A lot, parcel, or tract of land which shares all or part of a common lot, parcel, or tract line with another lot parcel, or tract; a lot, parcel, or tract which is across a road from another lot, parcel, or tract. Administrator - The Planning Director, Senior Planner, and any other the staff of the Office of Planning and Development, Lincoln County, Wyoming. The Administrator is the staff member responsible for a particular development or task. ADT – Average Daily Traffic Adult Uses - Retail and/or entertainment establishments offering adult entertainment, the sale of sexually explicit material, and similar uses as determined by the Board of County Commissioners. Agricultural Land - Means land which has been used or employed during the previous two (2) years and presently is being used and employed for the primary purpose of obtaining a monetary profit as agricultural or horticultural use or any combination thereof. Agricultural land shall generally include land actively farmed or ranched to obtain a fair rate of return. Agricultural Processing - The processing or manufacturing of crops, forage, or livestock, including, but not limited to dairies, poultry processing, meat packing plants, breweries, and wineries. Agriculture - Means cultivation of the soil, the production of forage or crops, and rearing, feeding, and management of livestock, poultry, bees, fish, or other animal species in domestic or captive environments. Aircraft - Any vehicle which carries one or more persons and which is used or, intended to be used, for flight in the air. Aircraft include, but are not limited to, the following types: a) Lighter than air, including balloons and airships. b) Powered fixed wing. c) Rotary wing, including helicopters and gyroplanes. d) Ultra-light, including powered hang gliders, powered paragliders, powered gliders and powered fixed wing aircraft with: an empty weight less than 254 Lbs.; less than 5 gallons of fuel capacity; and, capable of less than 55 knots airspeed at full throttle. e) Unpowered fixed wing, including gliders, hang gliders, paragliders and kites. Airport - Any area of land or water that is used or intended for use by aircraft, including the necessary appurtenant structures and facilities located therein, excepting there from any area of land used primarily for the manufacture of aircraft. 604 PZ 25 Airstrip - Either improved or unimproved private, non-commercial (including flying lessons) landing area used by a licensed pilot to land, take off, and/or taxi powered fixed wing aircraft. Airstrips shall not include landing areas, which are or may become eligible to receive federal funding pursuant to the Federal Airport and Airway Improvement Act of 1982 and subsequent thereto. Antenna - a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services, microwave telecommunications and services not licensed by the FCC; excluding those used exclusively for the County’s fire, police and exclusively for private citizen’s bands, and amateur radio. Attached Antenna, Attached: an antenna mounted on an existing building, silo, smokestack, water tower, utility or power pole or a support structure other than an antenna tower. Appeal – A formal written request for a review of any final action or decision allowed by the provisions of this regulation and Wyoming state law. Archery Range - A general term that includes uses in which the primary or accessory activity includes shooting sports that involve the firing of arrows by general public or club membership in a structured or controlled setting. Automobile Sales and/or Repair - Premises on which new or used passenger automobiles, trailers, or light trucks in operating condition are displayed in the open for sale, rental or trade. Automotive repair includes rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning. The storage and dispensing of fuels are not included. Accessory Dwelling Unit (ADU)- A detached dwelling, accessory to a principal dwelling unit, located on the same lot or parcel, and smaller in floor area of living space. The ADU shall meet all setbacks, and development standards in these Land Use Regulations. Maximum design flows for wastewater systems shall not exceed 2,000 gallons per day per lot or parcel. ADU will be allowed a maximum of 1000 square feet of living space for lots up to one (1) gross acre; an additional maximum 1,000 square feet of living space each gross acre of land owned between one (1) and ten (10) acres; and no maximum requirement for square feet of living space for lots greater than ten (10) acres. Only one (1) ADU shall be permitted on a parcel or lot. Accessory Building - A building that is subordinate to, and incidental to the principal building on the same lot or parcel but does not include any building containing a dwelling as hereinafter defined. Agricultural Accessory Building - A building that is subordinate to but does not include any building containing a dwelling unit as herein defined; with an accessory use that is incidental and subordinate to the principal agricultural use; i.e. shed, barns, etc. Bank - A financial institution such as a full service bank, credit union, or similar business which generally requires extensive parking and drive through area. Bar / Tavern / Lounge- A building where alcoholic beverages are sold for consumption on the premises and can include restaurants where the principal business is serving food. May also be called a brewery, winery or pub. 604 PZ 25 Batch Plant and/or Rock Crusher - Batch Plant is an operation, which mixes ready mix concrete, batch mixes concrete for fabrication of products, mixes asphalt for road, drive way, or parking lot construction. Rock Crusher is an operation which crushes rock for production of gravel. Bed and Breakfast Establishment - A single family residence that serves as a lodging facility containing not more than four guest rooms and the primary entry to each guestroom is from within the residence. Board of County Commissioners - Board means the elected Lincoln County, Wyoming, Board of County Commissioners. Bottling and Distribution Plant - An operation which packages beverages in bottles or cans for wholesale or retail trade or which stores quantities of beverages for distribution. Buffer - Land, berms, fences, landscaping or other methods used to separate two distinct land uses that acts to separate or mitigate the effects of one land use on the other. Build-able Area - Areas specified as building areas on subdivision plats or areas on lots, parcels or tracts. (see Section 6.11.E). Building - Any structure having a roof supported by columns or walls with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communication doors, windows or opening; which is designed or intended for the shelter, enclosed for protection of person, animals, chattels or property of any kind. Building, Detached - A building surrounded by open space on the same lot, parcel, or tract. Building, Non-conforming - Any building that was previously permitted under land use regulations that does not conform to the requirements of the current Land Use Regulations. Building, Principal - A building in which is conducted the main or principal use of the lot, parcel, or tract on which said building is situated. Bulk Storage of any Fuels - A storage facility fuels, which serves as a depot or distribution point for wholesale or retail fuel sales. Business or Commerce - The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood; or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trade rendering services. Campground – An area of land used or designed to commercially accommodate in an outdoor recreational manner, camping parties including tents, camping trailer or other camping outfits. Campgrounds are not allowed in Lincoln County. Canal- A canal is defined as a manmade waterway with an average water surface width of five (5) feet or greater. 604 PZ 25 Cemetery - Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. Central Sewage Treatment System - A sewage treatment system for three or more connections, or accommodating 2000 gallons of sewage or more a day, that is designed, inspected and operated according to Wyoming State DEQ standards and with DEQ approval. Central Water System - A water system for three or more connections that is designed and operated according to Wyoming State DEQ standards with DEQ approval. Child Care Facility- The State of Wyoming Department of Family Services shall determine facility capacity based on individual room capacity for all rooms used by children. All necessary licenses must be obtained and maintained, and all childcare facilities must comply with applicable State and Federal laws. Child Care In-Home- Care for 3–10 children in one's own home without additional staff. Church - A building together with its accessory buildings and uses where persons regularly assemble for religious worship which is maintained and controlled by a religious body organized to hold public or private worship. Commercial Arena - Stables, Riding Academies - A detached accessory building or arena in which horses or other animals are kept and which such animals are kept for hire or sale. Commercial Entertainment Facilities - Any profit-making activity that is generally related to the entertainment field, such as motion picture theaters, carnivals, bowling alleys, golf courses, dance halls, and similar entertainment activities. Commercial Feedlot - An establishment where livestock are kept confined in a compound or fenced area in order to be fattened for sale or slaughter. Excludes livestock feeding which are accessory to the operation of a working ranch where animals are also raised on pasture. Commercial Parking Lot – Any profit making area where vehicles may be temporarily stored for commuters, shoppers, travelers, etc. Commercial Storage Units – Any lot, parcel, or tract or portion of the lot, parcel or tract which is used for the sole purpose of storage of items in enclosed unit(s). This does not include large amounts of hazardous material as per applicable state and federal laws. Where enclosed individual units are larger than 1,000 square feet in size, they are deemed to be warehouse units in the light manufacturing subcategory. Commercial Storage Yard - Any lot, parcel, or tract or portion of the lot, parcel, or tract which is used for the sole purpose of storage items either inside or outside of structures. This does not include large amounts of hazardous material as per applicable state and federal laws. Where enclosed units are larger than 10,000 square feet in size, they are deemed to be warehouse units in the light manufacturing subcategory. Commercial Wind or Solar Energy/Wind or Solar Power/Wind or Solar Farm/Wind or Solar Energy Facilities - Establishment of equipment that converts and then stores or transfers energy from the wind or solar into usable forms of electrical energy and includes and y base, blade, foundation, generator, nacelle, solar panels, stands, accessory building, rotor, tower, transfer, turbine, vane, wire or other components used 604 PZ 25 in the system. Private Wind /Solar production is an operation with an aggregate generation below twenty- five (25) kW. These operations must comply with all Federal, State and Lincoln County permitting requirements. Communications Tower, Commercial - A structure intended for transmitting or receiving television, radio, telephone, or microwave communications which may include parabolic dishes or microwave relay dishes mounted on the tower. Towers that are needed for communications in operation of a business that is involved in the sale of communications. Communications Tower, Private - A structure intended for transmitting or receiving television, radio, telephone, or microwave communications which may include parabolic dishes or microwave relay dishes mounted on the tower. Towers that are needed for communications in business or private operations, but communications are not sold, and the primary function of the operation is not telecommunication. Comprehensive Plan - A plan, including a Comprehensive Plan map, adopted by the Board of County Commissioners, promoting the health, safety, morals, and general welfare of the un-incorporated areas of the county per W.S. 18-5-201 to 318. (see Appendix K). Condominium - A building, or group of buildings, in which units of airspace, as interpreted by W.S. 24-12-101 to 115, 34-20-101 to 104, (see Appendix L), are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis. Conditional Use - A conditional use is the term applied to a use or occupancy of a structure, use of land or premises, permitted only upon the issuance of a Conditional Use Permit according to the provisions of these Land Use Regulations. Conservation Design Large Parcel: Development of 35 acre divisions of land using cluster development and density bonuses to preserve open space (see Chapter 3.5) County - Lincoln County, Wyoming. County Surveyor - The County Surveyor appointed by the Board of County Commissioners. Development Agreement: An legally binding agreement between the property owner and the County that clearly establishes the owner’s responsibility regarding project phasing, the provision of public and private facilities, improvements and other mutually agreed to terms and requirements/conditions. Ditch- A manmade waterway with an average water surface width of less than five (5) feet. See Section 6.21, Irrigation Facilities and Surface Water. Drainage Facility - A natural or manmade waterway or structure for the drainage of land including but not limited to: canals, ditches, overflow channels, culverts, catch basins, or other similar facilities. Driveway - A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Dry Camping – Private operation of land for occupancy by three (3) or more of any of the following: tent, travel trailer, motor home or recreational vehicle. Without the onsite use of water, power or sewer. Dry Camping is not allowed in Lincoln County. 604 PZ 25 Dwelling - A building or portions of it, containing one (1) or more living units. The term does not include any self-contained R.V., motel, hotel, club, or short term hosted rentals such as a Bed and Breakfast establishments as defined herein. Dwelling, Single Family - A building designed for use and occupancy by one (1) family. Dwelling, Two Family - A building containing two (2) dwelling units, designed for occupancy by not more than two (2) families; can also be a twin-home, a townhome, and/or a duplex. Dwelling(s), Multiple-Family - A multiple-family building(s), or portion thereof, containing three (3) or more dwelling units. This includes three (3) or more rented dwelling units contained in more than one (1) building. apartments and dormitories. Easement - Authorization by a property owner for the use of, by another, and for a specified purpose, any designated part of his/her property. Enhanced Septic Treatment or Advanced Treatment - Means a treatment process that achieves and effluent being discharged to the absorption surface or native soil with five day biochemical oxygen demand, BOD5, and total suspended solids, TSS, less than or equal to 30 mg/L and that carries the seal of testing and approval from the National Science Foundation, NSF, for the NSF Standard No. 40. Event / Recreation Venue- Property being used for the hosting of events such as weddings, conferences, and galas. Facilities – Water and sewer mains, curbs, gutters, sidewalks, street paving, storm sewers, electrical / communication lines and conduits, gas lines and other public improvements. Family - One or more people related by blood, marriage, adoption or guardianship, and/or a group of one or more parents and their child(ren) who are living together. not more than four persons not so related, who are living and cooking together as a single housekeeping unit. Fee Schedule –as set by the Board of County Commissioners. Floodplain: Land area subject to inundation as a result of the base flood. The physical location of the floodplain on flood hazard maps is representative of existing ground conditions and may be based, among other things, on historical flood records or other readily available data. Equivalent to flood prone area and 100-year floodplain. Fossil Quarry - a site where ancient lakebed stone is excavated to uncover and collect fossils that are over 50 million years old. May be a private quarry for removal of wholesale fossils or a commercial quarry allowing public visitors to excavate their own fossils. Greenhouse, Landscape Nursery - A commercial use for wholesale and/or retail trade of landscape plants, shrubs, trees, or other horticultural products. Group Care Facility, Large - Dwelling unit(s) and/or facilities housing persons unrelated by blood or marriage and operating as a group family household, including, but not limited to: the elderly and battered 604 PZ 25 children and women, half-way houses, recovery homes, and homes for orphans, six (6) or more foster children. Group Care Facility, Small - Dwelling units housing less than six (6) persons unrelated by blood or marriage and operating as a group family household including the frail, the elderly, persons with HIV, physically disabled, mentally retarded, mentally ill, and recovering alcoholics and drug addicts but does not include persons currently using or addicted to alcohol or controlled substance and not recovering, and does not include halfway houses for those in the criminal justice system. Guest Cabins - Detached cabins, not exceeding 800 sq. ft. in size, which are designed and used for the housing of paying guests. Maximum four (4) cabins and/or total maximum design flows for wastewater system shall not exceed 2,000 gallons per day per project site. Guest House - A detached dwelling, accessory to a principal dwelling unit, located on the same lot or parcel, and smaller. Guest Houses will be allowed a maximum of 800 square feet of living space on lots up to one (1) acre; a maximum of 1,000 square feet of living space for lots between one (1) and five (5) acres; and a maximum of 1,200 square feet of living space for lots greater than five (5) acres. Only one (1) guest house shall be permitted on a parcel or lot. Guest Ranch - A ranch with guest accommodations which has a lodge facility separate from individual guest cabins; and also may include barns, associated outbuildings, corrals, pastures and horses available to accommodate guests for equestrian activities. Typical services provided include horseback trips, hunting trips, fishing trips, float trips, cook-outs, cross-country skiing, snowmobiling and other planned outdoor associated recreational activities for guests only. Habitable (Livable) Area – Any area usable for living purposes, with normal living facilities which include any combination of three or more of sleeping, eating, cooking, sanitary, or recreation. An area used only for storage purposes and not equipped with any of the above facilities is not habitable. Hazardous Materials – Any carcinogenic or toxic materials, pollutants, contaminants or waste and any other chemical, material or substance, the handling, storage, release, transportation or disposal of which is or becomes prohibited, limited or regulated, is or becomes know to pose a hazard to the health and safety of the occupants of the County. Home Occupations - Any gainful occupation engaged in by an occupant of the dwelling unit. Said occupation is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character or facilities of the dwelling and the property. This use cannot take up more than twenty-five (25) percent of the dwelling’s total square footage. In home child care is exempt. 1. Short Term Rental/Transient Rental Property Hosted - Any guest rental property being rented for less than 30 days. Hosted rentals are those where the owner(s) or his agents live on site during the guest rental period. Hospital - A public or private medical care facility, where provision is made for overnight care of patients. Hotel- A building containing furnished guest rooms for occupancy on a transient basis, where lodging with or without meals is provided for compensation. 604 PZ 25 Housing, Affordable - A housing unit which a person or family earning 120 percent or less of the current median household income in Lincoln County can purchase with a mortgage payment which does not exceed 25 percent of the gross household income; and, a housing unit which this household can rent with gross rent and utility payments which do not exceed 30 percent of the gross household income. Low to moderate income figures would be 80 percent, and very low-income figures would be 50 percent. Improvement - Any item which becomes part of, or is placed upon, or is affixed to real estate, including, but not limited to, utilities, roads, structures, berms, fences, landscaping and buffers. Improvement Service District (ISD) – Specific to geographic area, an improvement district collectively funds and manages the construction, maintenance and operation of a public water and/or public sewer system, or other system as outlined in Wyoming State Statute Title 18 Chapter 12. Industrial, Heavy - Mines, coke plants, stacking of oil rigs, refining of petroleum and other oil products, manufacturing of poisonous, explosive or toxic material, railroads, haul roads, and other similar uses. Inter-Governmental Agreement (IGA) - A written agreement between government entities. Irrigation Facility - A man-made waterway or structure designed for the irrigation of land including but not limited to: canals, ditches, culvers pipelines, valve structures, diversion structures, or other similar families. Kennels / Pet Service – Any property or premises on which dogs, cats or other household animals are groomed, boarded, trained, bred, or sold. Land Use Permit - A discretionary permit that grants an applicant the authority to establish a use of land only after obtaining additional building permit(s), as required. For the purposes of this title, land use permits are Residential Use, Driveway Access, County Sign, Temporary Use, Oil and Gas, and Zoning and Development Permits as established in these Land Use Regulations. This Permit may also be known as a Zoning Certificate. Light Manufacturing - Terminal Facilities, supply yards, all light manufacturing, including food and construction products, research facilities, data centers, crypto-currency processing (excluding home occupations), warehousing, processing, testing laboratories, machine shops, garment manufacturing, electronic manufacturing and other similar uses. Uses which give rise to excessive noise, vibration, smoke, odor, dust, fumes, or danger of explosion are excluded. Lighting definitions: Luminaire - means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. Cut-off - means the point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cut off) at a specific angle above the ground. Glare - the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Light Pollution – The night sky glow caused by the scattering of artificial light in the atmosphere. Livestock – One or more domesticated animals, including but not limited to cattle, swine, horses, llamas, alpacas, sheep and poultry raised in an agricultural setting to produce commodities such as food, fiber and labor. 604 PZ 25 Loop Road – a road with both terminal points on the same street of origin. Lot - A designated tract or area of land less than 35 acres identified or established by subdivision plat, or townsite plat. Lumber Mill - A saw mill or other processing of forest products. Man Camp - An area of land occupied by mobile homes, travel trailers, truck campers, tent trailers or any other structures, including service buildings and kitchen facilities, serving as housing for 25 or more personnel of an industrial or commercial construction project, gas treatment plant, and/or oil or gas development. Manufactured Home: A factory-built structure which is to be used as a place of human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development. Such homes shall have the appropriate certification label attached. A manufactured home is manufactured on or after January 1, 1994. Manufactured Home Sales - Premises on which new or used manufactured homes are displayed in the open for sale or trade. Met Tower – Meteorological tower used for measurement of wind speed or other scientific data collection. Mineral Development - Mineral development including mines and associated facilities and accessory uses. Mining - Development which is reasonably necessary to the commercial extraction, exploration or production of minerals, including oil and gas wells, seismic exploration equipment, coal mines, coke plants, including gravel pits, fossil quarries, accessory offices, and storage buildings. Modular Home - A single family dwelling that was fabricated in an off-site manufacturing facility, built to UBC IRC standards, supported by a permanent perimeter foundation, and not connected to a permanent chassis for support. Mobile Home - A residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, not built to the Federal Manufactured Home Construction and Safety Standards (January 1, 1994). Mobile homes are not manufactured homes or modular homes per the definition contained in these regulations and per federal regulations. A. New placement of mobile homes for dwelling purposes, outside of a Mobile Home Park, shall require skirting and attachment to a solid foundation system. B. New placement of mobile homes, which were constructed prior to December 18, 1975 shall not be permitted outside of Mobile Home Parks. Mobile Home Park Subdivision - Any lot or parcel of land, whether for rent, lease, hired, or otherwise, where two (2) or more mobile homes are parked and used for living and/or sleeping purposes. Two (2) mobile 604 PZ 25 homes established on agricultural land, and used as housing for agricultural workers on the same property shall not be construed as a mobile home park. Mortuary - A business, which is involved in the preparation of human or animal remains, and which may conduct funeral services for the same. Motel - A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or housekeeping units independently accessible from the outside, with garage space or parking spaces located on the premises and designed for and occupied by travelers on a transient basis. Municipal Governments - Local governments are administrative offices that are smaller than a state/federal or county. Common names for these entities located within the county are towns, cities, or municipalities. Non-conforming Use - Any use lawfully occupying a building structure, or land at the effective date of these regulations, or of subsequent amendments thereto, which does not conform to the regulations provisions of these regulations. Nuisance – Any use or non-use of property which presents a clear and definable threat to the life, health, safety, morals or general welfare of Lincoln County citizens or which is otherwise defined by common law, or Wyoming State Statute. Nursing Home, Convalescent Home - A building housing any facility, however named, whether operated for profit or not, for the purpose of providing skilled nursing care and related medical services or two (2) or more individuals suffering from illness, disease, injury, deformity, or requiring care because of old age or other disabling conditions. Off Street Parking - Parking facilities for motor vehicles on other than a public or private road. Oil and Gas Development - Includes all development which is reasonably necessary to the extraction, exploration or production of oil and gas wells and accessory office, storage buildings, rig camps, and gas gathering systems. Open Space Design - Subdivision design requiring the set aside of lands in a development for use as: recreation areas, trails, cropland, pasture, woodland, riparian areas. Commercial uses are not allowed in Open Space areas. Development of these spaces shall be restricted by language on the subdivision plat. Outfitter Uses - Uses associated with outfitter guides who provide commercial hunting camps, fishing guides, or outfitted scenic trail rides. Owner - Any person, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land. Parcel - A designated tract or area of land less than 35 acres not identified or established by subdivision plat, or town-site plat; a contiguous piece of property lawfully created or conveyed of record as a single piece of property. Parks - Land uses set aside as open space for the benefit of the public for picnic, recreational sports, scenic walkways, bike or horse trails, and other similar uses. 604 PZ 25 Parking Lot - An open graded area, other than a street, road or public/private way, used for the storage for limited periods of time by operable passenger automobiles and commercial vehicles, and is available to the public whether for compensation, free or as an accommodation to clients or customers. Park Model RV – Recreational Vehicle Industry Association (RVIA) Certified Park Model home or a home built to ANSI A 119.5 Park Model RV Standards (2020 or current edition). This standard limit size to 400 square feet or less, and under eight and a half (8.5) feet wide during travel. Permit - Written governmental permission, issued by the applicable zoning authority empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. Permitted Use - A permitted use is the term applied to a use or occupancy of a structure, use of land or premises, permitted only upon the issuance of a Permit according to the provisions of these Land Use Regulations, such as Zoning and Development Permit, Oil and Gas Location Permit, and Residential Use Permit. Planning and Zoning Commission - The Lincoln County Planning and Zoning Commission, created by the Board of County Commissioners pursuant to W.S. (see Appendix K). Planning Office - The Office of Planning and Development for Lincoln County, Wyoming, and staff. Professional Activities - The use of offices and related spaces for such professional services as are provided by such as; medical practitioners (including clinics), lawyers, accountants, architects, land surveyors, engineers, and similar professions. Professional Engineer (PE) – Wyoming licensed Professional Engineer in the applicable discipline. Public Facilities - Any publicly owned recreation facility, government building, utility, landfills, or other such development. Radio and Television Broadcasting Station - A building housing the studio and/or equipment for broadcasting radio or television signals. Radio, Telephone, Television, Cellular Translators/Repeaters - Structures erected for the dissemination of radio, telephone, telephone, or cellular signals. Recreational and Related Business Facilities - Recreational Vehicle sales, golf courses, mini golf, recreation centers, and other similar uses which support the recreational use(s), including malt beverage dispensing with appropriate County Permit. Recreational Vehicle - An automobile, travel trailer, camp-car, camper, bus, motor home, tent-trailers, or other vehicular or portable unit, with or without motive power, designed and constructed for travel and intended for human occupancy as temporary living quarters for recreational, vacation or travel purposes. Recreational Vehicle Park – Land specifically designed and developed to accommodate three or more recreational vehicles. 604 PZ 25 Restaurant - Any land, building, where the majority use part of it, other than a boarding house or a bed and breakfast establishment, where meals is for preparing food and/or beverages are provided for compensation including among others such titles as café, cafeteria, coffee shop, lunch room, tea room, or dining room. Retail and Personal Services - Any enterprise conducted for gain which primarily offers good and/or services to the general public such as stores, cabinet shops, taxidermy businesses, shoe repair, watch repair, barber shops, salons, professional offices, and similar uses. Rifle Range - A general term that includes uses in which the primary or accessory activity includes shooting sports that involve the firing of rifles, shotguns, and/or pistols by general public or club membership in a structured or controlled setting. Such uses may include, but are not limited to, gun clubs, sportsman clubs, shooting ranges, skeet ranges, trap ranges, and firing ranges. Rig Camp - An area of land occupied by mobile homes or recreational vehicles or any other structure(s) serving as temporary housing for the personnel necessary for the drilling operation at the site. Any camp housing 25 or more personnel shall be considered a man camp. Right-of-Way - Any strip or area of land, including surface, overhead, or underground, granted by deed or easement, for construction and maintenance according to designated use, such as for drainage and irrigation canals, ditches; electric power, telegraph, and telephone lines; gas, oil, water, and other pipelines; highways, and other roadways, including right of portage; sewers; flowage or impoundment of surface water; and tunnels. Road - Any vehicular way which: (1) is an existing state, county or municipal roadway; or (2) is shown on a plat approved pursuant to law; or (3) is approved by other official action. Roadway - Any road or vehicular way, together with the associated lands within designated right-of-way boundaries or historically utilized in the maintenance of the road. Road, County - A public roadway that has been adopted by the County for maintenance, improvement, and expenditure of funds. Road, Subdivision - Any road within or leading to the subdivision which is used or designed for access to subdivision lots, not including existing Federal, State, County, or Municipal roads. Road and Bridge Foreman - Any one of the Road and Bridge Foreman in Lincoln County. Roadside Stand - A temporary structure designed or used for the display or sale of agricultural and related products, fireworks, art, household goods, and other similar items. Salvage Yard - An outdoor space where junk, waste, discarded or salvaged materials are stored and/or commercially handled, including automobile wrecking yards for storage or salvaged building and structural steel materials, excluding yards or establishments for the sale, purchase or storage of used cars in operable or inoperable condition and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises. A salvage yard shall not be permitted as a small business. Schools, Public or Private - Institutions for instruction. Does not include boarding schools or group care facilities where overnight accommodation is provided. Includes private schools, as defined in W.S. 221-4-101 (a)(iii), provided that the private school: (i) is certified by the professional engineer or architect of record 604 PZ 25 for the private school as being substantially similar to school facility commission guidelines for education buildings and siting and is designed to be constructed with appropriate materials, means and methods; (ii) has capacity for fifty (50) students or more; and (iii) is owned and operated by a not for profit entity. Service Station/Fuel Dispensing - Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispenses at retail and where servicing of vehicles may occur, and incidental accessories may be sold such as cold drinks, packaged food, tobacco and similar convenience goods. Setback Area - Distance between the foundation of a structure or substructure and property line, road right- of-way, constructed road or other boundary or use. whichever is less more restrictive. Shipping Container (Intermodal)- As defined in the International Building Code; A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials. If used as commercial storage units, refer to Chapter 6.8 land Use Siting of these regulations. Short Term Rental/Transient Rental Property Un-Hosted - Any guest rental property or portion thereof being rented for less than 30 days. Un-hosted rentals are those where there are no owners or managers on site during the rental period. This excludes properties that primarily operate as a hotel, motel, or guest resort. Small Business - A non-retail occupation or activity having less than 5000 3,500 sq. ft. of building space. This land use is not allowed in a platted residential subdivision. (See Section 7.2 for specific activities) Snow Storage- Specified area on a lot or parcel for the safe placement of snow. This specified surface area shall not be less than twenty (20) percent of the overall surface area designated as driveway and /or parking areas. Start of Construction - The actual start means the first placement of permanent construction of a structure on a site. Structure - Anything constructed or erected, the use of which requires location on the ground or attachment to something having fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards. Subdivision - Subdivision means the creation or division or lease of a lot, tracts, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses. Subdivision Access Gates / Emergency Gates (Crash Gates): All subdivision access and emergency gates shall be designed to open for emergency services with automatic vehicle identification (strobe, siren, tags), Knox key switch and/or use the Lincoln County universal gate code. Supply Yards - A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, machinery, feed, grain and similar uses. Tavern or Lounge - A building where alcoholic beverages are sold for consumption on the premises and can include restaurants where the principal business is serving food. 604 PZ 25 Telecommunications - the transmission and/or reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems. Townhouse - A one-family dwelling in a row of at least two such individually owned dwelling units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. A town-house development is a subdivision. Truck and Heavy Equipment Repair - The repair, rebuilding, or reconditioning of heavy motor vehicles including trucks, farm machinery, and earth movers, or parts thereof, including collision service painting and steam cleaning. Truck Stop - A business which caters to “over the road trucks” and offers fuel and/or convenience store and/or restaurant and/or repair facilities. Utility Company Buildings - Buildings and other structures used for housing switches, substation, and other equipment for operation of utilities. Variance - A variance is a modification of the requirements of these regulations. A variance shall not be considered a right or special privilege but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Veterinary Animal Hospital or Clinic - A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodation on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity. Waste Management Facility - Land and structures used for storage, containment or treatment of waste products including solid waste and/or wastewater. Wind Farm is multiple large wind energy systems under a single operational control or ownership designed for the primary purpose of sale, resale or offsite use of energy produced. Zoning Authority - Any governmental entity allowed by applicable law to regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for residence, recreation, agricultural, industry, commerce, public use and other purposes in the boundaries of that entity. Zoning Map - The map or maps incorporated into these Regulations which designate zones (see Lincoln County GIS Interactive Maps). PROPOSAL B: 7.2 LAND USE AND SMALL BUSINESS SUBCATEGORIES Adult Uses 604 PZ 25 • Adult entertainment • Sale of sexually explicit materials • Other similar uses as determined by the Board of County Commissioners Agricultural Processing • Processing or manufacturing of crops, forage, livestock • Dairies • Poultry • Meat Packing • Breweries • Wineries Commercial Entertainment Facilities • Bowling Alleys • Carnivals • Dance Halls • Drive-in Theaters • Event Venues • Golf Course • Movie Theatre • Racetracks (human, animal or machine) • Riding Academies • Sports Clubs / Arenas • Stables Light Manufacturing • Welding Shops • Auto Mechanics • Machine Shops • Construction products • Research facilities • Warehousing • Testing laboratories • Garment manufacturing • Food processing • Commercial Storage Yard • Bulk Storage of any fuel Mining • Seismic Exploration Equipment • Coal Mining of ore, minerals, oils or gas. • Coke Plants • Gravel Pits 604 PZ 25 • Fossil Quarries • Quarrying of non-metallic minerals • Mining or quarrying of metallic ores Professional Activities • Medical Practitioners • Clinics • Lawyers • Accountants • Architects • Land Surveyors • Engineers • Beauty Shops • Barber Shops • Photographic Studios • SIC 7200 and 7300 Series Classification Small Business • Bed and Breakfast • Child Care Center • Professional Activities under 5,000 sq. ft. • Personal Service Shops and Offices under 5,000 sq. ft. or 2,000 gpd wastewater peak design flow PROPOSAL C: Table 7.3 following PROPOSAL D: Change “Business Day(s)” to “ Day(s)” throughout the Lincoln County Land Use Regulations ATTACHMENT I 7.3 LAND USE TABLE The following uses, and none other, shall be permitted with the zones designated in the Land Use Table set forth below: (Zones: R = Rural , M = Mixed , RC = Recreational , I = Industrial , P = Public) LAND USE ZONES R M RC I P Accessory Buildings (located in flood and / or airport overlay zones) R RU R RU R RU R RU R RU Accessory Dwelling Unit (ADU) RU RU RU Adult Uses (including entertainment and retail) CU P Agricultural Processing C CU Airport, and Landing Field and / or Helipad C CU CU C CU CU C CU Archery Range P ZD P ZD P ZD Automobile Sales and/or Repair P ZD Bank P ZD Bar / Tavern / Lounge C C C Batch Plant and / or Crusher, & Supply Yards C/T CU/T P ZD P ZD Cemetery C CU C CU E Church C CU P CU P CU C CU Commercial Arena C C Commercial Entertainment Facilities CU P CU P CU CU Commercial Feed Lot C ZD Commercial Parking Lot C P CU P CU E Commercial Solar / Wind Farm ZD CU Commercial Storage Unit(s) C P CU P ZD Condominiums (3 or more units) C CU C CU Dwelling(s), Multiple Family C CU Dwelling(s), Single / Two Family R RU R RU R RU R RU Fossil Quarry ZD ZD ZD Greenhouse, Landscape Nursery C CU C CU Group Care Facility, Large C CU C CU Group Care Facility, Small R RU R RU R RU R Guest Cabins C CU C CU C CU Guest House R R R R Guest Ranch C CU C CU C CU Home Occupations E E E Hospital C CU Industrial, Heavy P ZD P ZD Permit Procedures: CU = Conditional Use , E = Exempt , RU = Residential Use , T = Temporary Use , ZD = Zoning and Development , Blank = Not Permitted (Zones: R = Rural , M = Mixed , RC = Recreational , I = Industrial , P = Public) LAND USE ZONES R M RC I P Kennel and / or Pet Services CU ZD Light Manufacturing C CU P ZD P ZD Lumber Mill Processing Forest Products C CU P ZD CU Man Camp or Rig Camp C CU P ZD P ZD Manufactured Home Sales C CU Mining C CU P ZD P ZD Mobile Home Park Subdivision C CU Mortuary C CU Motels Under 5,000 s.f. P ZD P ZD P ZD Motels, Hotels, Over 5,000 s.f. or 2,000 gpd C CU C CU C CU Nursing Home C CU Oil and Gas Development P ZD P ZD C CU P ZD P ZD Outfitter Uses P ZD P ZD P ZD Parks P ZD P ZD P ZD P ZD P ZD Professional Activities Over 5,000 s.f or 2,000 gpd C CU Public Facilities P ZD CU ZD P ZD Radio and Television Broadcasting Station C CU P ZD Radio, Telephone, Television, Cellular Translator / Repeater, MET Towers P ZD P ZD P ZD P ZD P ZD Recreational and Related Business Facilities Over 5,000 s.f. C CU C CU C CU Recreational and Related Business Facilities Under 5,000 s.f. P ZD P ZD P ZD Recreational Vehicle Park C CU C CU C CU Residential Garage R R R R R Restaurants C CU C CU C CU Retail Stores Under 5,000 s.f. P ZD C ZD C ZD Retail Stores, Personal Service Shops and Offices Over 5,000 s.f. C CU Rifle Range C CU C CU C CU Roadside Stand T T Salvage Yard C C CU C CU School, Public or Private P ZD P ZD P ZD P ZD P ZD Service Station / Fuel Dispensing C CU C CU ZD C Small Business P ZD P ZD P ZD ZD ZD Short Term Rentals Un-Hosted E E E Short Term Rentals Un-Hosted E E E Subdivision C C C C C Tavern or Lounge C C C Permit Procedures: CU = Conditional Use , E = Exempt , RU = Residential Use , T = Temporary Use , ZD = Zoning and Development , Blank = Not Permitted (Zones: R = Rural , M = Mixed , RC = Recreational , I = Industrial , P = Public) LAND USE ZONES R M RC I P Truck and Heavy Equipment Repair C CU P ZD Truck Stop C C CU ZD Utility Company Buildings Over 800 s.f. C CU C CU C CU P ZD P ZD Utility Company Buildings Under 800 s.f. P ZD P ZD P ZD P ZD P ZD Veterinary Animal Hospital or Clinic C CU C ZD Waste Management Facility C CU P ZD CU Permit Procedures: CU = Conditional Use , E = Exempt , RU = Residential Use , T = Temporary Use , ZD = Zoning and Development , Blank = Not Permitted CU = Conditional Use Permit Procedures required (may be referred to as commercial / industrial building permit). E = Exempt Use not requiring a permit. All permanent structures and / or uses are required to meet all Federal, State, and Lincoln County regulatory requirements. Note: Uses not requiring county permits include: Accessory permanent structures sheds and barns less than 800 sq. ft. in total usable space. in size Without no living quarters; agricultural accessory buildings less than 800 sq. ft. in size unless located in floodplain and / or airport safety zone. This includes sidewalks; decks; non-commercial greenhouses; fences; non-commercial parking of recreational vehicles unless connected to water and waste facilities, and private wind or solar power generation under twenty-five (25)kW. RU = Residential Use Permit Procedure required. This permit includes any building or portion thereof that will provide any type of housing. A Residential Use Permit shall be required when a Recreational Vehicle is connected to any one or combination of utilities or facilities provided on the property. T = Temporary Use Permit required for up to 120 calendar days. All Temporary Use permitted structures and / or uses are required to meet all Federal, State, and Lincoln County regulatory requirements. ZD = Zoning and Development permit procedure required (may be referred to as a commercial building permit). Blank = Not Permitted - Uses not specifically listed are prohibited in that zoning district unless determined by the Planning Director. NOTE: Some uses may be restricted by the specific Community Plan Overlay Zone Policies, Plat restrictions or restrictions stated in Community Covenants, Conditions, and Restriction (CC & R’s). See Section 1.2. of these regulations for Lincoln County community plan overlays. NOTE: Uses not specifically listed are prohibited in that zoning district unless determined by the Board of County Commissioners to be similar in nature to other uses within the same district.