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Document: Article 6. Use Standards Applicable in All Zones

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parent: Teton County Land Use Regulations

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Notes

6.1.8. Institutional Uses

A. All Institutional Uses - Definition: An institutional use refers to the provision of a public or semi-public service by a public or private entity.

B. Assembly - Definition: An assembly use is an institutional use typically characterized by a public or semi-public gathering area. - Includes: cemeteries, places of worship, community centers, libraries, museums, hospitals, reception halls.

C. Daycare/Education - Definition: A daycare or education use involves the provision of educational instruction and/or care for part of the day. - Includes: schools, childcare centers. - Standards: Each daycare or education use must comply with the relevant provisions of the Wyoming Statutes and with local health, safety, and fire codes.

D. Use Standards - Hospitals, Religious Institutions, Daycares, and Schools proposing individual buildings with gross floor area greater than the maximum allowed in the zone in which the site is located, shall be subject to Conditional Use Permit approval that finds compliance with the following standards: 1. The proposed institutional use is for a hospital, religious institution, school, or daycare facility. 2. The developable site is outside the NRO as represented on the Official Zoning Map or as determined by an Environmental Analysis that has been elevated to a BCC review. 3. The proposed site for the large-scale institutional building must be within the boundaries of a County Complete Neighborhood District (5: West Jackson, 7: S Hwy 89, 11: Wilson, 12: Aspens/Pines, 13: Teton Village) as indicated on the Official Zoning Map. For use and development at the boundary of a Complete Neighborhood and not solely within one of the specified Complete Neighborhood Districts, the characteristics of the site, and proposed use and physical development, will be compared to each District to determine if it contributes to the desired future characteristics of the Complete Neighborhood District. In general, the majority of development shall be located in the area that is designated for higher intensity use. This standard may be deviated from if it can be demonstrated that the location proposed will improve scenic views and lessen adverse environmental impacts. Applicant must demonstrate to the satisfaction of the BCC that the proposed institutional use provides services necessary for the functions of a Complete Neighborhood and that the proposed size of the building is the minimum square footage necessary to sufficiently serve the community based on relevant community size and needs assessment data. 4. The proposed building is required to meet specific minimum service level requirements including: - Located with direct access to at least one public right-of-way designated as either Collector or Arterial roads. - Provision of safe and functional non-motorized routes both internally within the neighborhood and with connectivity to the greater non-motorized system network. - Traffic study performed by a licensed professional transportation engineer hired by the applicant demonstrates that levels of service at affected intersections can be maintained or improved, and peak hour trip demand does not reduce connectivity within the existing transportation network. - Site is served by a water source with the capacity to meet projected fireflow demands established by adopted National Fire Protection Association (NFPA) regulations as confirmed by the Teton County Fire Marshal. - Site is served by central sewer services that are permitted by the Wyoming Department of Environmental Quality and is not reliant on septic systems. 5. The proposed building is required to meet specific design requirements including: - Building design shall be compatible with the existing character of the surrounding area. - No single wall plane shall exceed 60% of any façade or greater than 100 feet in width. Required breaks in the wall plane shall be greater than one foot in depth. - Street frontage façades shall have clearly defined architectural detail with a minimum of three of the following design elements: Canopy, Wall-plane articulation, Arch, Outdoor patio or public space, Variation in exterior surface material. - Roof systems shall have no fewer than two of the following features: Overhanging eaves extending no less than three feet past the supporting wall, Two or more roof planes, Two or more stepped roof heights, Variation in roof slope (vertical rise: horizontal run).

6.1.6. Commercial Uses

A. All Commercial Uses

  • Definition: A commercial use is the sale of goods or services.

B. Office

  • Definition: Office use is a professional service or other activity customarily provided in an office environment where appointments are scheduled.
  • Includes: legal, accounting, investment, financial services, medical, dental, health services, engineering, architectural, design services, counseling, social services, insurance, real estate, broadcast studios for television and radio, administrative and sales offices for business, industry, and government (only administrative, bookkeeping, and clerical activities are conducted on site).

C. Retail

  • Definition: Retail is the sale of goods.
  • Includes: retail sale of antiques, souvenirs, apparel, accessories, art, books, cameras, sporting goods, hardware, liquor, home furnishings, general specialty merchandise, food stores, delis, health food, drug stores, bakeries, candy and ice cream/yogurt shops, video rental shops, incidental seating for consumption of goods.
  • Does Not Include: Restaurant/Bar

D. Service

  • Definition: Service is the provision of a service outside of an office environment, in a typically non-scheduled environment.
  • Includes: banks, savings and loans, credit unions, laundry and dry cleaners, beauty and barber shops, tanning and massage, repair and maintenance of small appliances, TV and electronics, furniture, garments, shoes, leather goods, gunsmithing, taxidermy, photographic studios, mortuary/funeral home, pet grooming, kennels and veterinary service (with indoor runs only).

E. Restaurant/Bar

  • Definition: A restaurant or bar is an establishment that serves food and/or beverages for seated consumption onsite.
  • Includes: Micro-brewery, micro-distillery or micro-winery.
  • Standards: Breweries, distilleries and wineries are generally considered light industrial uses. To be considered a restaurant/bar, a micro-brewery, micro-distillery or micro-winery must include a tasting room for product sampling, and the facility must produce no more than 15,000 barrels of fermented malt beverages, 15,000 barrels of spirituous beverages, or 100,000 gallons of vinous beverages per year.

F. Heavy Retail/Service

  • Definition: Heavy retail/service uses are retail or service uses that are of a greater intensity and impact than other retail or service uses.
  • Includes: retail sales of lumber, building supplies, fuels (including gasoline service stations), feed and seed outlets, rental and servicing of light motorized and non-motorized tools and equipment, motorized vehicle rental, sales, service, repair, farm implement supplies, sales and repair, outdoor storage, veterinary and other pet and livestock services, landscaping services, boarding of horses.

G. Mini-Storage Warehouses

  • Definition: Mini-warehouse means a building or group of buildings in a compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of a customer’s goods or wares.
  • Standards: No sales, service, repair, or other activities shall be conducted from a storage area; storage of junk, explosives, flammable materials, or other noxious or dangerous materials is prohibited; maximum leasable space per stall shall be 1,000 square feet; pick-up or delivery by semi-tractor trailers shall be prohibited; outdoor storage shall be screened.

H. Nursery

  • Definition: Nursery means an establishment primarily engaged in the retail or wholesale sale of horticultural specialties such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

6.1.7. Amusement and Recreation Uses

A. All Amusement and Recreation Uses

  • Definition: An amusement and recreation use refers to the provision of entertainment.

B. Amusement

  • Definition: Amusement refers to the provision of non-recreation entertainment.
  • Includes:
  • Bowling alleys
  • Movie theaters
  • Music halls
  • Video arcades
  • Miniature or putt-putt golf course
  • Pool and billiard halls
  • Shooting arcades

D. Developed Recreation

  • Definition: Developed recreation refers to the use of a physical development for active recreation or athletic purposes.
  • Includes:
  • Gymnasiums
  • Swimming pools
  • Tennis
  • Skateboarding
  • Rodeos
  • Skating rinks
  • Racquetball
  • Handball courts
  • Rock climbing practice facilities
  • Health and exercise clubs

E. Outfitter/Tour Operator

  • Definition: The base of operations for providing guides, materials, supplies, and equipment for outdoor activities.
  • Includes:
  • Rafting/boat trips
  • Fishing or hunting guide operations
  • Raft and boat rental
  • Snowmobile tours
  • Mountain bike tours
  • Horseback trail rides and pack trips

6.1.5. Lodging Uses

A. All Lodging Uses

  • Definition: A lodging use refers to a sleeping or residential unit rented for less than 31 days.
  • Lodging Overlay (LO): The LO is an overlay on all other base zones established by these Land Development Regulations (LDRs). It is designed to maintain a balance between lodging available to visitors and resident services. The LO applies to lands identified on the Official Zoning Map.

B. Conventional Lodging

  • Definition: Conventional lodging refers to any lodging use not specifically defined elsewhere in this section. It includes hotels, motels, and convention centers with lodging facilities. It does not include short-term rental units, campgrounds, bed and breakfasts, or dude/guest ranches.

C. Short-term Rental Unit

  • Definition: A short-term rental refers to the rental of all or a portion of a residential unit for less than 31 days.
  • Standards: No residential unit or portion of a residential unit may be rented for less than 31 days unless permitted for short-term rental. Developments approved for short-term rentals of less than 31 days prior to May 9, 1994, will be allowed to continue such rentals.

D. Campground

  • Definition: A campground is an establishment providing campsites for camping units brought to the campground for overnight or short-term use. It does not include lodging units, cabins, wall tents with permanent platforms, or any other camping unit owned by the owner or operator of the campground.
  • Standards: The campground is limited to certain permanent structures for the occupants of the campground. Each campsite must contain bear-proof storage. Restroom and shower facilities are required based on the number of campsites and utility hook-ups. Campsite occupancy is limited to short-term use of less than 31 days in any 90-day period. The Board may limit a campground use to a particular season or time period.

6.1.4. Residential Uses

A. All Residential Uses

  • Definition: A residential use is a living facility, certified under the International Residential or Building Code or by HUD, that includes permanent provision for living, sleeping, eating, cooking, and sanitation.
  • Standards:
  • No residential unit or portion of a residential unit may be rented for less than 31 days. Short-term rental of less than 31 days is considered a lodging use. A time-share condominium is considered a residential use as long as the ownership intervals are 31 days or longer. Any shorter ownership intervals are considered a lodging use.
  • A residential unit shall have a maximum of one kitchen.
  • Occupancy of a camping unit is not a residential use. A camping unit may only be occupied as permitted by Temporary Shelter or Campground regulations.

B. Detached Single-Family Unit

  • Definition: A detached single-family unit is a single residential unit occupied by not more than one family having no roof, wall, or floor in common with any other residential unit or nonresidential unit.
  • Includes: Single-family units attached to accessory residential units, Detached townhouse units

C. Attached Single-Family Unit

  • Definition: An attached single-family unit is a residential unit occupied by not more than one family, which is connected to at least one other dwelling unit or nonresidential unit by one or more common walls.
  • Includes: Attached townhouse unit, Condominium
  • Does Not Include: Apartments, Single-family units attached to accessory residential units

D. Apartment

  • Definition: An apartment is a single-family unit that cannot be owned as a separate, single unit.
  • Does Not Include: Townhouse, Condominium, Accessory residential unit

E. Mobile Home

  • Definition: A mobile home is a movable or portable dwelling unit, built on a chassis or frame, for use with or without a permanent foundation, fabricated in an off-site location, which conforms to the applicable US Housing and Urban Development (HUD) construction and safety standards as amended, and is intended for occupancy as a single-family dwelling when connected to utility systems.
  • Includes: Manufactured home
  • Does Not Include: Camping Unit, Homes built to meet the requirements of the International Residential or Building Code
  • Standards:
  • The mobile home shall be of a color and placed or landscaped in such a way as to be visually unobtrusive.
  • The mobile home’s roof shall use nonmetallic, nonreflective materials and shall have a minimum pitch of 3 in 12.
  • The mobile home shall be skirted.

F. Dormitory

  • Definition: A dormitory is a residential unit occupied by a group of unrelated people not residing as a single family.
  • Includes: boarding houses or rooming houses, residential facilities for students and staff of schools, residential facilities associated with other types of instruction, education, training, and religious activity
  • Standards: Maximum density. For purposes of the density calculation, a room shall mean a sleeping room designed for an occupancy of no more than 2 people.

G. Group Home

  • Definition: A group home is a residential unit occupied by more than 6 unrelated individuals, which typically offers shelter, medical and mental health services, and other care-related services to residents.
  • Includes: nursing homes and various assisted living centers, group living facilities with related sheltered care facilities, residential facilities for the developmentally disabled including on-site training facilities
  • Standards: Maximum density. For purposes of the density calculation, a room shall mean a sleeping room designed for an occupancy of no more than 2 people.

Open Space Uses: Dude/Guest Ranch

Definition

A dude or guest ranch is a ranch that offers multi-night accommodations for guests, recreational activities or immediate access to such activities, on-site dining facilities, and ranch-related facilities like barns, outbuildings, corrals, pastures, and livestock. It does not include a restaurant or bar for the general public or active solicitation of one-night accommodations.

Standards

Minimum Site Size

A dude or guest ranch site should have a minimum of 70 acres of privately owned Gross Site Area.

Maximum Number of Guests

The maximum number of guests allowed at a dude or guest ranch is 1 guest per 5 acres accessible to the ranch, with a maximum limit of 75 guests. Accessible acreage should meet the following standards:

  • It should be owned, leased, or subject to a recreational permit issued by a government agency.
  • The conservation area of another development may be considered if its conservation easement permits recreational activities.
  • The acreage should be a part of, or within one mile of, the ranch and guests should have legal, non-vehicular access to the acreage.
  • The use permit for the dude or guest ranch should run concurrently with any lease or recreational permit. If the lease or recreational permit is renewed or extended, the use permit should be reviewed for any effects resulting from changes to the lease or permit.

For example, a ranch with access to 80 acres would permit no more than 16 guests (80/5=16). A ranch with access to 400 acres would permit no more than 75 guests (400/5=80; maximum occupancy of 75 applies).

Recreational Activities

Dude or guest ranches should provide outdoor recreational activities for their guests. These activities may include, but are not limited to:

  • Horseback riding or horsepacking trips
  • Guided hunting trips
  • Fishing or rafting trips
  • Cook-outs
  • Hay-rides
  • Cross-country skiing
  • Snowmobiling

Outdoor activities should be approved as part of the Use Permit and may be restricted both in location and the time of year during which they may be conducted.

Structures and Accommodations

  • Lodging: Permanent buildings for lodging all guests should be provided either in separate cabins or a main lodge. Lodging in temporary facilities, such as tents, is permitted as part of overnight recreational activities, but should not be the primary type of accommodation.
  • Dining Facilities: A dining facility capable of accommodating the maximum number of guests permitted at the ranch may be provided. If a common dining facility is not provided, cooking facilities should be provided to guests as part of the lodging accommodations.
  • Employee Housing: Accessory residential units to provide employee housing may be permitted.
  • Agricultural and Accessory Buildings: Other buildings associated with a dude or guest ranch should be actively used for the care and management of livestock kept on the property or for maintenance and operation associated with the recreational activities provided to guests.
  • Events: Dude or guest ranches may host receptions or special events for guests of the ranch as an ancillary use without separate permit, provided the size of the event does not exceed the permitted number of guests of the ranch.

Open Space Uses

Outdoor Recreation

Definition: Outdoor recreation refers to the use of land for passive or active recreational or athletic purposes that requires minimal permanent physical development relative to the open space.

Includes:

  • Parks
  • Arboretums
  • Athletic fields not in stadiums
  • Equestrian centers
  • Nordic ski trails
  • Downhill ski areas
  • Golf courses
  • Outdoor receptions

Outdoor Receptions: To be considered outdoor recreation use, a reception site must:

  • Host 4 or more events per year with over 50 guests on site at one time or with amplified music; or,
  • Host 1 or more events with over 500 guests on site at one time or cumulatively over consecutive days; or,
  • Host temporary overnight camping as an incidental use component of the primary outdoor reception event.

Exemptions:

  • Private and non-profit receptions do not constitute outdoor recreation regardless of their size. A private event is a gathering not open to the public hosted at a private home not renting their property to a third party specifically for the use of the reception/event site. A non-profit event is an event hosted by an organization that demonstrates tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.
  • Events held within Planned Resort Zones are exempt from the standards of this subsection but shall comply with LDR Div. 4.3 and all applicable Planned Resort master plans.
  • Outdoor reception sites are exempt from the zone-based minimum site area requirement if the use is limited to a one-time event or only occurs once a year.

Standards:

An outdoor recreation use shall be subject to an operations plan approved as part of its use permit. The purpose of the operations plan is to outline management practices and techniques to mitigate the impact of the use on natural resources and neighboring properties. The operations plan shall address the following, if applicable:

  • Strategies or mitigation measures to minimize glare from night lighting.
  • How agronomic, maintenance and other management practices associated with the use will avoid impact to natural resources.
  • Integrated pest management and best practices for nutrient application and control.
  • Hours of operation.
  • A monitoring program for periodic review of compliance by federal, state or local agencies, as applicable.

Example: A golf course operations plan may include annual review of water quality and other indicators of ecological health by the Wyoming Department of Environmental Quality or the Teton Conservation District.

6.1.3. Open Space Uses (1/23/23)

A. All Open Space Uses

  • Definition: Open space use refers to the use or maintenance of land primarily outside any structure.

B. Agriculture

  • Definition: Agriculture refers to the farming or ranching of land. This includes:
  • Soil cultivation
  • Production of forage, crops, or timber
  • Growing of ornamental or landscaping plants
  • Greenhouses
  • Rearing, feeding, and management of livestock

  • Standards

  • Purpose: The standards aim to:
    • Protect and maintain existing and potential agricultural lands in Teton County to perpetuate agriculture
    • Minimize conflicts between agricultural operations and neighboring developments by encouraging protection of large, contiguous blocks of open space
    • Preserve agricultural open space crucial to the wildlife, scenic and community values of Teton County, as outlined in the Comprehensive Plan
  • Active: Agricultural land should be actively farmed or ranched.
  • Ancillary retail prohibited: Retail sale of agricultural products on-site is prohibited unless permitted as a separate use.
  • Exemptions on sites greater than 70 Acres: The following exemptions and preservation mechanisms apply to agricultural uses on sites of 70 acres or more:
    • Regulation Exemptions: Agricultural uses are exempt from certain provisions of the regulations listed below. Refer to the referenced LDR section for specifics of the exemption.
    • Maximum Scale of Development for an individual building (applicable zone)
    • Maximum Building Height (applicable zone)
    • Natural Resource Buffers (Sec. 5.1.1.)
    • Wildlife Friendly Fencing (Sec. 5.1.2.)
    • Wildlife Feeding (Sec. 5.1.3.)
    • Air Quality (Sec. 5.1.4.)
    • Manmade Waterbodies (Sec. 5.1.6.)
    • Natural Resource Overlay (NRO) Standards (Sec. 5.2.1.)
    • Exterior Lighting (Sec. 5.3.1.)
    • Scenic Resource Overlay (SRO) Standards (Sec. 5.3.2.)
    • Landscaping (Div. 5.5.)
    • Grading, Erosion Control, and Stormwater except on natural slopes of 30% or greater (Sec. 5.7.2.-Sec. 5.7.4.)
    • Temporary Gravel Extraction (6.1.12.F.)
    • Affordable Workforce Housing Standards (Div. 6.3.)
    • Operational Standards (Div. 6.4.)
    • Permit Exemptions: Agricultural uses on sites greater than 70 acres are exempt from obtaining the following permits. However, exemption from the requirement to obtain a permit does not grant exemption from any regulations. See subsection 2.d.i, above for applicable regulation exemptions.
    • Environmental Analysis (Sec. 8.2.2.)
    • Use Permits (Div. 8.4.)
    • Grading Permits except on natural slopes of 30% or greater (Sec. 5.7.1.)
    • Sketch Plan for physical development (Sec. 8.3.1.)
    • Development Plan for physical development (Sec. 8.3.2.)

6.1.2. Classification of Uses (1/23/23)

C. Multiple Uses

A permit is required for each use listed as a separate row in the Use Schedule, unless the use is incidental to a permitted use or the use is exempt from a permit.

D. Use Not Listed

Any use not specifically listed in the Use Schedule is prohibited unless a similar use determination is made.

E. Similar Use Determination

A use not listed in the Use Schedule may be considered allowed if the Planning Director determines it is similar to one of the defined uses in this Division. This determination is based on the findings for a formal interpretation (Sec. 8.6.1.) and can be made as part of the review of a use permit application. If a use is determined to be similar, it will have the same permissions and restrictions as the use it was compared to.

F. Change of Use

A change of use involves changing the use from one classified in a particular row of the Use Schedule to one classified in a different row. The proposed use must meet all standards of these LDRs. The required permit for the proposed use must be obtained according to the relevant procedure.

G. Discontinuance of Use

A use is considered discontinued or abandoned if operations cease for more than one year, regardless of whether the equipment or furniture is removed. Exceptions are made if the cessation of use is due to:

  1. Government action other than those described in 1.9.1.I.
  2. Natural disaster
  3. Any other action not considered a willful act of or not a result of action by the owner or occupant that can be documented as the reason for discontinuance, such as catastrophic fire, pandemic, or other event which could not be reasonably anticipated and prohibits immediate reestablishment of the use.
  4. Time spent maintaining, altering, replacing, or expanding a structure or site devoted to the use, provided: a. All appropriate permits or approvals are obtained; b. The maintenance, alteration, replacement, or expansion is completed within 18 months after commencement; and c. The use is reestablished within 31 days after completion of the maintenance, alteration, replacement, or expansion.

6.1.2. Classification of Uses (1/23/23)

A. Definition of Use

"Use" refers to the purpose for which a site or structure is occupied or maintained. There are five categories of uses:

  • Principal
  • Incidental
  • Accessory
  • Primary
  • Temporary

B. Classification of Uses

  1. Principal Use: This is a use that can exist as the only use of the property. More than one principal use can exist on a property. A principal use includes all incidental uses. Principal uses are divided into 8 categories:

    • Open Space Uses (Sec. 6.1.3.)
    • Residential Uses (Sec. 6.1.4.)
    • Lodging Uses (Sec. 6.1.5.)
    • Commercial Uses (Sec. 6.1.6.)
    • Amusement and Recreation Uses (Sec. 6.1.7.)
    • Institutional Uses (Sec. 6.1.8.)
    • Industrial Uses (Sec. 6.1.9.)
    • Transportation and Infrastructure Uses (Sec. 6.1.10.)
  2. Incidental Use: This is a use that is commonly integrated into the operation of a principal use, even if the incidental use would be classified as a different use if it were separated. A use cannot be incidental if the principal use does not exist. For example, a cabinet contractor may have an office to run the business within its shop without the office being considered a separate use. Similarly, a golf course may sell golf equipment as part of its operation without the pro shop being considered a separate retail use.

  3. Accessory Use: This is a use that constitutes a minority of the use or character of the property and is secondary and subordinate to another use of the same property, but which is not an incidental use.

  4. Primary Use: This is a use to which an accessory use is accessory.

  5. Temporary Use: This is a use established for a fixed period of time.