Chapter 17.08

 

GENERAL AND SUPPLEMENTARY PROVISIONS

 

 

Section:

 

17.08.010 Applicability

17.08.020 Special Permit Uses

17.08.030 General Conditional Uses

17.08.040 Home Occupations

17.08.050 Performance Standards

17.08.070 Animals in Residential Districts

17.08.080 Parking, Storage or Habitation of Major Recreational Equipment

17.08.090 Parking or Storage of Inoperable Vehicles

17.08.100 Nonconforming Development

17.08.110 Reduction of Lot Area

17.08.120 Irregular Shaped Lots

17.08.130 Visibility at Intersections in Residential Districts

17.08.140 Visibility at Access Points for Automobiles

17.08.150 Side Yard on Corner Lot

17.08.160 Accessory Buildings

17.08.170 Projections into Required Yards

17.08.180 Structures to have Access

17.08.190 Exceptions to Height Regulations

17.08.200 Temporary use Regulations

17.08.210 Group Homes Class II and III

17.08.320 Zero Lot Line Development - Authorized

 

 

 

 

17.08.010 Applicability:

The provisions of this chapter are of general application to several or all zoning districts unless otherwise noted.

 

 

 

17.08.020 Special Permit Uses:

The following uses are permitted in the several districts provided that they conform to the development standards listed in this section in addition to conforming to the development standards of the zoning district in which the use is located:

 

A. Churches (excluding drive-in churches, which are conditional uses):

 

1. Minimum lot area: Minimum lot area is one (1) acre.

2. Front yard: There shall be a front yard of at least twenty-five (25) feet in depth.

3. Side yard: Each side yard shall be a minimum of fifteen (15) feet in width.

4. Rear yard: There shall be a rear yard of at least twenty (20) feet in depth.

5. Ingress and egress: A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off public streets.

6. Landscaping: All yard areas must be landscaped.

7. Day care centers: Day care centers in churches must also provide the required play area as provided in subsection B. of this section.

8. Parking signs: Offstreet parking and sign regulations shall be observed.

 

B. Nurseries and day care centers:

 

1. Minimum lot area: Minimum lot area is ninety-six hundred (9,600) square feet.

2. Front yard: There shall be a front yard of at least twenty-five (25) feet minimum depth.

3. Side yard: Each side yard shall be a minimum of eight (8) feet in width.

4. Rear yard: The rear yard shall be at least twenty (20) feet minimum depth.

5. Play area: A fenced and screened play lot on or adjoining the premises shall be provided, with a minimum area of four hundred (400) square feet, plus an additional forty square feet (40) for each child in excess of ten (10).

6. Ingress and egress: A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off the public street.

7. Landscaping: Landscaping shall be provided to a minimum width of eight (8) feet along property lines abutting residential uses. Landscaping shall be provided in a manner assigned by the Town Planner at the time of the development plan review.

8. Parking - signs: Offstreet parking and sign regulations shall be observed.

 

C. Gasoline service stations (with or without retail convenience grocery sales): The provision of gasoline pumps shall not be considered incidental or secondary to a permitted use, and must conform to the requirements of this section.

 

1. Minimum lot area: Minimum lot area is fifteen thousand (15,000) square feet.

2. Lot frontage: There shall be at least one hundred twenty (120) feet of frontage on a public street.

3. Pump setbacks: The pump island shall be set back fifteen (15) feet from the public right-of-way and any property lines.

4. Lubrication facilities: Lubrication shall be done within an enclosed building.

5. Buffering of adjacent property: A solid or woven fence, free of advertising, shall be maintained along property lines, which flank residential districts.

6. Lighting: Lighting devices shall be shaded so as not to glare into residential districts.

7. Hours: Gasoline service stations abutting residential districts shall limit their hours of operation from 5:00 a.m. to 11:00 p.m. Signs shall not be lit when the service station is closed. (Abutting residential districts are not defined as those across a public street.)

8. Ingress and egress: Driveway widths shall not be greater than thirty feet (30) and driveways shall not be closer together than twenty-five (25) feet. Driveways shall be not closer than five (5) feet to a property line. There shall be not more than two (2) driveways per public right-of-way.

9. Parking: Offstreet parking shall be provided in compliance with chapter 17.05.

10. Signs: The sign regulations of chapter 17.06 shall apply.

11. Grocery sales facilities: Convenience grocery sales facilities shall be limited to a maximum size of three thousand (3,000) square feet of gross floor area in zones, which do not allow retail grocery sales as a principally permitted use.

12. General development standards: Development standards and criteria of the underlying zoning district shall apply unless otherwise noted in this section.

 

13. Storage of motor fuels: Quantity limitations on hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, shall not apply to motor fuels that may be stored on the site for the permitted use.

 

D. Drive-in restaurants:

 

1. Minimum lot area: Minimum lot area is fifteen thousand (15,000) square feet.

2. Front yard: There shall be a front yard of at least twenty-five (25) feet in depth.

3. Side yard: Each side yard shall be at least twenty (20) feet in width.

4. Rear yard: There shall be a rear yard of at least twenty (20) feet in depth.

5. Ingress and egress: Driveway widths shall not be greater than thirty feet (30), and driveways shall not be closer together than twenty-five (25) feet. Driveways shall not be closer than five (5) feet to a property line. There shall be not more than two (2) driveways per public right-of-way.

6. Landscaping: A ten-foot strip is required along street rights-of-way, except at points of ingress and egress to the property. A five-foot strip of landscaping along side lot lines shall be provided. Landscaping shall be provided in a manner assigned by the Planning Commission and Town Council at the time of development plan review.

 

17.08.030 General Conditional Uses:

 

A. Purpose: It is the purpose of this section to identify certain types of land uses that usually require relatively greater freedom of location than other uses restricted to certain districts by this title. General conditional uses may be allowed in the various zoning districts following the procedures in this section 17.09.030. General conditional uses may have one (1) or all of the following characteristics:

 

1. Public necessity requires such use in all or several districts.

2. Their technical, operating or service characteristics are such as to make it impractical to restrict their location only to certain districts.

3. Although they fit the description in subsections 1 and 2 of this section, their impact or effect on the immediate neighborhood or vicinity in which they are located may be detrimental in the absence of adequate performance standards, development controls or good site planning.

 

It is, therefore, the purpose of this section to reconcile potential conflicts between public necessity of certain uses and their possible detrimental effects on other uses.

 

B. Types of uses identified: The uses identified for the purpose of this section will generally fall into several broad categories, as follows:

 

1. Utility, transportation and communication facilities: Includes electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc., bus stops, transit stations, etc.

2. Public facilities: Includes firehouses, police stations, libraries and administrative offices of governmental agencies, primary and secondary schools, vocational schools and colleges.

3. Open space uses. Includes cemeteries, parks, playgrounds, golf courses and other recreational facilities, including buildings or structures associated therewith.

4. Drive-in churches - welfare facilities: Drive-in churches, retirement homes, convalescent homes and other welfare facilities (excluding group homes), whether privately or publicly operated, facilities for rehabilitation or correction, private clubs, fraternal lodges, etc.

5. Duplexes

6. Woodworking shops:

 

a. Development Standards: All buildings within which woodworking activity is to take place must meet the following minimum development standards:

 

(1) The commercial character of the exterior of the building shall be maintained.

(2) The outdoor storage of display of materials, goods products or equipment is prohibited.

(3) The sign regulations of chapter 17.06 shall apply.

 

b. Performance Standards: All woodworking operations must meet the following minimum performance standards:

 

(1) All dust collecting precipitators and filters must be located inside buildings.

(2) All loading and unloading of materials and finished products must take place in alleyways or in rear of buildings.

 

17.08.040 Home occupations:

 

A. Purpose: It is the purpose of this section to outline general conditions in which home occupations may be permitted in all zoning districts. These conditions have been designed to help preserve the residential character of the Town's neighborhoods from commercial encroachment while recognizing that certain selected business activities are compatible with residential uses.

 

B. Home occupations permitted: Home occupations, which meet the requirements of this section, are permitted in every zone where a dwelling unit was lawfully established. The requirements of this section shall not apply to the following home occupations:

 

1. Home childcare

2. The sale of agricultural products produced on the premises.

 

C. Development standards: All dwelling units in which a home occupation is located must meet the following minimum development standards:

 

1. The residential character of the exterior of the building shall be maintained.

2. The outdoor storage or display of materials, goods, products or equipment is prohibited.

3. A home occupation shall not occupy more than three hundred (300) square feet.

4. The sign regulations of chapter 17.06 shall apply.

 

D. Performance standards: All home occupations must meet the following minimum performance standards:

 

1. Employees: A home occupation may not employ on the premises more than one (1) person who is not a resident of the dwelling unit.

2. Traffic: The traffic generated by a home occupation shall be limited to four (4) two-way client-related trips per day and shall not create a need for additional onsite or offsite parking spaces.

3. Sale of goods and services: The sale of goods and services from a home occupation shall be to one (1) customer at a time, by appointment only, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday only.

4. Electrical or mechanical equipment usage: The use of electrical or mechanical equipment that would change the fire rating of the structure or create visual or audible interference in radio or television receivers or electronic equipment or cause fluctuations in line voltage outside the dwelling unit is prohibited.

5. Utility demand: Utility demand for sewer, water, electricity, garbage or natural gas shall not exceed normal residential levels.

6. Other criteria: There shall be no noise, vibration, smoke, dust, odors, heat, glare or other conditions produced as a result of the home occupation which would exceed that normally produced by a single residence, or which would create a disturbing or objectionable condition in the neighborhood.

 

E. Permit required: A zoning permit is required as provided in section 17.09.020.

 

17.08.050 Performance Standards:

 

A. Performance standards defined: Performance standards deal with the operational aspects of land uses. Performance standards shall apply to all land uses within the Town. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:

 

1. Noise, vibration or glare.

2. Smoke, dust, odor or other form of air pollution.

3. Heat, cold or dampness.

4. Hazardous substances and wastes.

 

B. Nonconforming uses: Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to conform therewith.

 

C. Locations where determinations are to be made for enforcement of performance standards: The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous or objectionable elements and at any point where the existence of such element may be more apparent (referred to in the section as "at any point"); provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement:

 

1. In all districts: At the property lines or lot lines; or

2. In all districts: At the buffer zone setback line for any hazardous substance land use facility, which must be at least fifty (50) feet from any property line.


 

D. Restrictions on dangerous and objectionable elements:

 

1. Noise: At the points of measurement specified in subsection C. of this section, the maximum sound pressure level radiated in each standard octave band by any use of facility, other that transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in table I after applying the corrections shown in table II. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.)

 

 

 

 

 

 

TABLE I. SOUND PRESSURE LEVELS IN DECIBELS

 

Maximum Permitted Sound

Octave Band Pressure Level

(Cycles per second) (Decibels)

 

20-75 75

75-150 70

150-300 64

300-600 59

600-1,200 53

1,200-2,400 47

2,400-4,800 40

4,800-10KC 34

 

 

 

 

 

 

 

TABLE II. CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE

LEVEL IN DECIBELS TO BE APPLIED TO TABLE I

 

Correction

Type of Operation or Character of Noise in Decibels

 

Noise source operates less than twenty (20) percent of Plus 5*

Any one (1) hour period

 

Noise source operates less than five (5) percent of any Plus 10*

One (1) hour period

 

Noise source operates less than one (1) percent of any Plus 15*

One (1) hour period

 

Noise of impulsive character (hammering, etc.) Minus 5

 

Noise of periodic character (hum, screech, etc.) Minus 5

 

*Apply one (1) of these corrections only.

 

2. Vibration: No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

3. Odors: No emission shall be permitted of odorous gases or other odorous matters in such quantities so as to exceed the odor threshold at the following points of measurement. The odor threshold shall be defined as the concentration in the air of a gas or vapor, which will just evoke a response in the human olfactory system.

4. Glare: No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection C. of this section shall be permitted. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection otherwise permitted by the provisions of this title.

5. Radioactivity or electrical disturbance: The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation.

6. Fire and explosion hazards: The relevant provisions of federal, state and local laws and regulations shall apply.

 

7. Smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution: The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply.

8. Liquid or solid wastes: No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the State Department of Ecology or other appropriate State agencies.

9. Hazardous substances or wastes: No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in accordance with standards approved by the State Department of Ecology or other appropriate state of federal agency. The relevant provisions of federal, state and local laws and regulations shall apply, and applicants for permits under this title shall certify compliance. The following site development standards shall apply:

 

a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to RCW 70.105,

b. Hazardous substance land use facilities shall be located at least:

 

(1) Two hundred (200) feet from unstable soils or slopes which are delineated on the hazard area development limitations map or as may be more precisely determined per subsection 17.08.224 B,

(2) Two hundred (200) feet from the ordinary high-water mark of major or minor streams or lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per subsection 17.08.224 B., shorelines or statewide significance, or shorelines of the state;

(3) One-quarter mile from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges;

(4) Fifty (50) feet from any property line to serve as an onsite hazardous substance land use facility buffer zone;

(5) Five hundred (500) feet and one hundred (100) feet from a residential zone and a residential unit respectively; and

(6) Five hundred (500) feet from a public gathering place or agricultural land or zone, in the case of a nonagricultural hazardous substance land use facility,

 

c. Hazardous substance land use facilities shall not be located on a one-hundred-year floodplain,

d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a type I solid screen landscaping of a width of at least ten (10) feet in the hazardous substance facility buffer zone required by subsection b. (4) of this section;

e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements;

f. Underground hazardous substance land use facilities shall meet federal, state and local design and construction requirements,

g. Hazardous substance land uses shall comply with article 80 of the Uniform Fire code as revised in 1988 and thereafter,

h. Hazardous substance land uses shall provide for review and approval by the Town Fire Department of a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility,

i. Hazardous substance land uses should use traffic routes which do not go through residential zones; and

j. Hazardous substance land uses in the Industrial I-1 zones shall be entirely enclosed within a building.

 

In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply.

 

17.08.070 Animals in Residential Districts:

Permits must be acquired for keeping the following wild animals or reptiles in a residential district: lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx, any poisonous reptile or serpent, and any dangerously carnivorous wild animal or reptile. Permits will only be granted if the health of the animal in captivity is not threatened, and if the safety of the surrounding residents is not threatened. Dangerous animals shall not be allowed to run at large. Such provisions do not apply to persons transporting such animals through for the purpose of legitimate medical or scientific research, or circus or zoo operations.

 

17.08.080 Parking, Storage or Habitation or Major Recreational Equipment:

For purposes of this title, major recreational equipment is defined as including boats and boat trailers and travel trailers. No more that two (2) pieces of recreational vehicle equipment shall be parked in the required front yard, and no such equipment shall be used for living purposes.

 

17.08.090 Parking or Storage of Inoperable Vehicles:

No more than one (1) vehicle of any kind inoperable condition shall be stored or parked on any residentially zoned property for more than thirty days (30).

 

17.08.100 Nonconforming Development:

 

A. Purpose: The intent and purpose of this section is to:

 

1. Ensure reasonable opportunity for use of legally created lots, which do not meet current minimum requirements for the district in which they are located.

2. Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features, which do not comply with current minimum requirements for the district in which they are located.

3. Ensure reasonable opportunity for continuation of legally established uses, which do not conform to use regulations for the district in which they are located.

4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses.

5. Encourage the eventual upgrading of nonconforming buildings, structures and site development features, which do not comply with current minimum requirements for the district in which they are located.

 

B. Applicability: The law and this title do not favor nonconforming uses, structures, lots or signs, and it is to avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, lot or sign must have been lawfully established pursuant to a county resolution in effect at the time of annexation, which rendered it nonconforming. This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category is dependent upon the degree to which that category on nonconformance is a nuisance or incompatible with the purpose and requirements of this title.

 

C. Nonconforming uses:

 

1. Applicability of restrictions: Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots and signs, and in the event of any conflict the most restrictive provisions shall apply.

2. Expansion of nonconforming uses: No existing building, structure or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located except as follows: When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified or structurally altered on land under the same ownership.

3. Extension of nonconforming use: When authorized by the Town Council, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein.

4. Discontinuance of nonconforming use: When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six-month period of discontinuance.

5. Reversion to nonconforming use: If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.

6. Residential exception to nonconforming use status: Legally established residential uses located in any residential zoning district and in existence as of July 1, 1999, shall not be deemed nonconforming in terms of density provisions and shall be a legal use.

 

D. Nonconforming buildings and structures:

 

1. Applicability of restrictions: Regulations applicable to nonconforming structures are in addition to regulations applicable to nonconforming uses, lots and signs, and in the event of any conflict the most restrictive provisions shall apply.

2. Major nonconforming buildings and structures: No major nonconforming structure may be expanded, enlarged, extended, reconstructed or structurally altered or changed, nor may any major nonconforming building, structure or lot be occupied after discontinuance of change in use, unless the structure, use and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure is located, except as follows:

 

a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, and where cost of restoration exceeds fifty (50) percent of the fair market value of the structure at the time of damage, shall not be restored or reconstructed and used as before such happening; however, where cost of restoration does not exceed fifty (50) percent of the fair market value of the structure at the time of damage, the structure may be restored, reconstructed and used as before, provided that the work be completed within one (1) year of such happening.

b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the Town Planner.

 

3. Minor nonconforming buildings and structures: No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure is located, except as follows:

 

a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, and where the cost of restoration exceeds fifty (50) percent of the fair market value of the structure at the time of damage, shall not be restored or reconstructed and used as before such happening; however, where the cost of restoration does not exceed fifty (50) percent of the fair market value of the structure at the time of damage, it may be restored, reconstructed and used as before, provided that it be completed within one (1) year of such happening.

b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the Building Inspector.

 

E. Nonconforming lots:

 

1. Applicability of restrictions: Regulations applicable to nonconforming lots are in addition to the regulations applicable to nonconforming uses, structures and sign, and, in the event of conflict, the most restrictive provisions shall apply.

2. Nonconforming lots of record:

 

a. Residential districts:

 

(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of September 29, 1999, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located.

(2) In all single-family zoning districts if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to September 29, 1999, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

 

b. Other districts: In any other district, permitted building and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping and offstreet parking requirements are met. The Town Council must also approve Nonconforming uses. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to July 1, 1999, and if all or part of the lots do not meet the minimum requirements established for lot width and area the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

 

F. Nonconforming signs:

 

1. Applicability of restrictions: Regulations applicable to nonconforming signs are in addition to regulations applicable to nonconforming uses, structures and lots, and in the event of conflict the most restrictive provisions shall apply.

2. Continuation of nonconforming signs:

 

a. Signs that legally existed as of September 29, 1999, that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered or added to without receiving approval from the Town Council.

b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title.

 

3. Amortization period:

 

a. Abandoned signs: Abandoned signs must be removed within ninety days (90).


 

17.08.110 Reduction of Lot Area:

No land may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use.

 

17.08.120 Irregular Shaped Lots:

On irregular-shaped lots, the average distance from the building line to the lot line shall be no less than the minimum yard provision; provided, however, that no part of the structure shall be located so that one-half the minimum yard provision occurs at any point along such averaged alignment.

 

17.08.130 Visibility at Intersections in Residential Districts:

On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines twenty (20) feet from the point of the intersection.

 

17.08.140 Visibility at Access Points for Automobiles:

Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.

 

17.08.150 Side Yard on Corner Lot:

The side yard along a side street on a corner lot shall have a minimum yard of ten (10) feet, except where a larger yard may be required.

 

17.08.160 Accessory Buildings:

 

A. An accessory building can be located anywhere on a lot if it conforms to the setbacks required by this title for a principal building. In the rear one-half of a lot the accessory building can be built to within eight (8) feet of the side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building.

 

B. Guest house accessory buildings shall be located on the rear half of the building site. There shall not be more than one (1) guest house on any one (1) building site, which, together with other accessory buildings, shall not exceed thirty (30) percent of the area of the rear yard on which it is built. No kitchen or cooking facilities shall be permitted in any guesthouse.


 

17.08.170 Projections into Required Yards:

Certain architectural features may project into required yards or courts as follows: Cornices, canopies, eaves or other architectural features may protrude up to a distance of two (2) feet into any required yard.

 

17.08.180 Structures to have Access:

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing and required off-street parking.

 

17.08.190 Exceptions to Height Regulations:

The height limitations for the various districts shall not apply to spires, flagpoles, belfries, cupolas, noncommercial antennas, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height limitations shall not apply to barns and silos provided that they are not located within fifty feet (50) of any lot line. Town-owned elevated reservoirs, water tanks, fire or police training towers and standpipes are exempt from height restrictions.

 

17.08.200 Temporary Use Regulations:

Section 17.08.200 shall be known as the temporary use regulations. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses.

 

A. Permitted uses: The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and the Planning Commission and Town Council may establish such additional conditions as.

 

1. Contractor's office, storage yard and equipment parking and servicing on the site of any active construction project.

2. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.

3. Indoor or outdoor art and craft shows and exhibits.

4. Christmas tree sales lots, fireworks and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts.

5. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.

 

6. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the Town.

7. Temporary use of mobile trailer units or similar portable structures for non-residential purposes, located in districts where the use is a permitted use.

8. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only.

9. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thirty-two (32) square feet total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required.

10. Garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three (3) days in the same week or more than twice in the same calendar year. No permit is required.

11. Fund-raising car washes. No permit is required.

12. The Town Council may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection C. of this section.

 

B. Conditions of temporary use:

 

1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.

2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five (25) percent of the spaces required for the permanent use, except in the Business zoning district or as approved by the Town Council.

3. Each site occupied by a temporary use must provide or have available sufficient offstreet parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of chapter 17.05, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.

 

4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the Town Council.

5. No temporary use shall occupy a site or operate within the Town for more that thirty days (30) within any calendar year, except as follows:

 

a. When authorized by the Town Council, a temporary use may operate an additional ninety (90) days if it is found that such an extension will be consistent with the requirements of subsection C. of this section.

b. When authorized by the Town Council, a temporary use may operate up to one additional one (1) year if it is found that such an extension will be consistent with the requirements of subsection C. of this section.

 

6. All signs shall comply with the requirements of chapter 17.06, pertaining to sign regulations, except as otherwise specified in this section.

7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required Town permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc.

8. The Planning Commission and Town Council may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use.

 

C. Determinations: The Town Council may authorize the temporary uses described in subsection A. of this section after consultation and coordination with all other applicable Town departments and other agencies and only when the following determinations can be made:

 

1. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.

2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.

3. The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.

 

4. The use and associated structures and living quarters will be conducted and used in a manner compatible with the surrounding area.

5. The temporary use shall comply with all applicable standards of the Pierce County Health Department.

 

D. Application and authorization:

 

1. Application to conduct a temporary use shall be made to the Planning Commission, and shall include such information as the Town planner may require to evaluate the use and to make the determinations required by this section.

2. Application shall be made prior to the requested date for commencement of the temporary use, and the Town Council shall make a determination whether to approve, approve conditionally or deny the temporary use within ten (10) days after the date of application.

3. Authorization of a temporary use shall be by issuance of a zoning permit.

4. A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted.

 

17.08.210 Group Homes Class II and III:

 

A. Purpose: It is the purpose of this section to outline general conditions with which class II and III group homes, as defined in section 15.04, must comply when applying for a conditional use permit to locate in the Town.

 

B. Dispersion requirements: A class II and III group home must locate a minimum of six hundred (600) feet from any other class II or III group home. This distance will be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated.

 

C. Separation requirements: A one-thousand-foot separation requirement will apply to class II and III group homes to separate such facilities from sensitive land uses such as public or private schools, churches or other religious facilities or institutions, parks, or playgrounds, and other such uses that are deemed to be sensitive. In addition to the sensitive uses listed in this subsection, class III group homes must be separated at least one thousand (1,000) feet from all residential areas. This distance would be measured by the same method as that used for the dispersion requirements described in subsection B. of this section.

 

D. Registration and licensing: Group homes must obtain all licenses necessary for operation by state and federal agencies. Class II and III group homes must also register with the Town by supplying information pertinent to the validity, update and renewal status of the home's state and federal license. Accuracy of all information contained in any state of federal license shall be verified to the extent possible by the Town, and any applicant for a group home conditional use permit shall have the responsibility to ensure that any changes made to the license prior to its renewal are immediately provided to the Town.

 

17.08.220 Zero Lot Line Planned Development Authorized:

Zero lot line planned development may be permitted in all zoning districts with conditional use approved by the Town Council.