§ 18-5-201 — Authority vested in board of county commissioners; inapplicability of chapter to incorporated cities and towns; mineral resources; private schools

(a) To promote the public health, safety, morals and
general welfare of the county, each board of county
commissioners may regulate and restrict the location and use of
buildings and structures and the use, condition of use or
occupancy of lands for residence, recreation, agriculture,
industry, commerce, public use and other purposes in the
unincorporated area of the county. However, nothing in W.S. 18-
5-201 through 18-5-208 shall be construed to contravene any
zoning authority of any incorporated city or town. No zoning
resolution or plan shall prevent any use or occupancy reasonably
necessary to the extraction or production of the mineral
resources in or under any lands subject thereto. No board of
county commissioners shall require that a land use or physical
development be consistent with a local land use plan unless the
applicable provisions of the local land use plan have been
incorporated into the local zoning regulations. Nothing in W.S.
18-5-201 through 18-5-208 shall be construed to allow any board
of county commissioners, through the establishment of minimum
lot size requirements or otherwise, to prevent residential or
agricultural uses authorized for land divisions that are exempt
from subdivision requirements pursuant to W.S. 18-5-303(a)(i).
No zoning resolution or plan shall regulate and restrict the
location and use of buildings and structures and the use,
condition of use or occupancy of lands for the use of a private
school as defined in W.S. 21-4-101(a)(iii) in any manner
different from a public school, provided that the private
school:
(i) Is certified by the professional engineer or
architect of record 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.