Ellsworth Town City Zoning Code

No lot shall hereafter be created which does not meet the minimum width and area requirements of this chapter. No lot shall be so reduced that it fails to meet any density or dimensional requirement of this chapter.

Lot of record required. Every building hereafter erected, structurally altered or relocated shall be placed on a lot of record.

Access to road. No lot shall hereafter be created nor any building placed on a lot which does not have an access to a public road or a private road which is described and recorded in the Pierce County Register of Deeds Office. The property owner shall be responsible for securing such access.

Only one single-family residence or one duplex shall be permitted on a lot, except as provided elsewhere in this chapter. Lots containing uses other than one- and two-family residences may contain more than one principal structure or use, provided that the lot contains the required minimum lot area for each such use.

Lots created prior to the effective date of this chapter. Except as provided in Subsection E(3), lots which were created before the effective date of this chapter shall be considered building sites, provided they meet the criteria established in both Subsection E(1) and (2):

Lots which qualify as building sites as provided in Subsection E may be enlarged through acquisition of adjacent property but need not comply with the lot area provisions of § 240-23. Any lot so enlarged shall not thereafter be reduced below the minimum lot size required in the zoning district.

Erosion control. Construction on slopes of 20% or more shall require plan approval from the Land Conservation Department. For the purpose of this section, "slope" shall be defined as the average change in elevation over an area which extends 30 feet from the perimeter footprint of the structure.

Official density map. Allowable residential density will be recorded on an official maximum residential density map kept on file in the Zoning Office. The number of residential sites created shall be noted on the map.

Applicability. Maximum residential density shall apply to the creation of residential lots in the PA, GR, GRF, RR-8, RR-12 and RR-20 Districts.

Number of residential lots. Parcels of land existing on the effective date of this chapter shall not be divided into residential sites which exceed the allowable number of sites per 40 acres or portion thereof for each district as listed in §§ 240-23.

The maximum residential density in the General Rural-Flexible (GRF) District shall be increased from four to a maximum of eight dwelling units per 40 acres based upon the applicable town board's written finding that:

It is the intent of this section to authorize the developer to decrease lot sizes and therefore create usable open space on the rest of the parcel, thereby lowering development costs and increasing the attractiveness of the project. This is to be accomplished by increasing the density of the development beyond the limits indicated in § 240-23 of these regulations.

With the approval of the Zoning Administrator, in any single-family, manufactured home or duplex residential subdivision which is a permitted use under these regulations, the developer may cluster structures in the following districts, provided that all building lots are contiguous and have a maximum size of 2.0 acres:

The minimum lot width, side yard and rear yard requirements contained in § 240-23 of these regulations as well as the setback requirements from roads except for state highways contained in § 240-27 of these regulations may be decreased by 20% in an approved cluster development.

The amount of open space that must be set aside shall be determined by:

The following types of unbuildable land shall not be considered open space:

All open space and any other part of the parcel capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement held by the township or recognized land trust or conservancy, duly recorded in the office of the Pierce County Register of Deeds.

All open space must be legally and practicably accessible to the residents of the development out of which the required open space is taken. Access for public uses shall be by dedication of land or other means duly recorded in the office of the Pierce County Register of Deeds.

The required open space may be used for individual or community septic systems or for stormwater management ponds or basins.

During the land division process, the Land Management Committee shall approve of a cluster subdivision if its design is deemed by the Committee to be appropriate to the site's natural, historic and cultural features and if, through encouragement of originality and lot layout, the following goals are achieved:

State and federal highways. Except as provided in Subsections E and F, the required setback for all structures fronting on state and federal highways shall be 110 feet from the center line of the road or 77 feet from the edge of the right-of-way, whichever is greater.

County highways. Except as provided in Subsection E, the required setback for all structures fronting on county highways shall be 100 feet from the center line of the road or 67 feet from the edge of the right-of-way, whichever is greater.

Town highways. Except as provided in Subsection E, the required setback for all structures fronting on all town highways shall be 75 feet from the center line of the road or 42 feet from the edge of the right-of-way, whichever is greater.

Private roads.The required setback for all structures fronting on private roads or private road easements shall be 75 feet from the center line of the road or easement or 42 feet from the edge of the private road right-of-way or easement, whichever is greater.

Setback reduction. A setback of less than the required setback for the appropriate class of highway shall be permitted in cases where the adjacent principal buildings are located closer to the highway than the required setback.

How measured. Setbacks from highways shall be measured from the nearest portion of a structure. However, the first two feet of an overhanging eave and gutter and the first six feet of unenclosed stairs shall be excluded, provided that these items are not located within any public right-of-way.

Exemptions. The following structures shall be permitted within the required setback of highways, provided that they do not violate any other provisions of this chapter:

Vision clearance triangle. In each quadrant of every street intersection there shall be a vision clearance triangle according to design standards on file in the Zoning Office.

Unless exempted or reduced by Pierce County Code Chapter 242, a setback of 75 feet from the ordinary high-water mark shall be required for all buildings and structures. The setback shall be measured from the nearest portion of a structure.

Height limitation. Except as provided in Subsections B, C, D and E, no building, structure or sign shall exceed 35 feet in height above the grade elevation.

Exemptions. The following shall be exempted from the height requirements of this section:

Public or semipublic facilities, such as schools, churches, monuments, libraries and government buildings, may be granted exemptions by the Land Management Committee to a height of 60 feet, provided that all required setbacks and yards are increased by not less than one foot for each foot the structure exceeds 35 feet in height.

Industrial and commercial structure heights may be granted exemptions by the Land Management Committee, provided that all required setbacks and yards are increased by not less than one foot for each foot the structure exceeds 35 feet.

Residential structures located in agricultural zoning districts may be increased to a maximum of 45 feet in height, provided that all required setbacks and yards are increased by not less than one foot for each foot the structure exceeds 35 feet. Height shall be measured from the lowest exposed portion of the structure's exterior.

How measured. The yard distances shall be measured from the nearest portion of the structure, except that the first two feet of an overhanging eave of buildings shall not be included where the yard requirement exceeds five feet.

Exemptions. The following structures are permitted in front, rear and side yards provided they do not violate any other provision of this chapter:

Construction over lot lines. A structure may be erected over a lot line when the lots are in common ownership. Such construction shall have the effect of combining the lots into a single parcel for zoning purposes, and such lots shall not be sold separately or divided unless the resulting lots and placement of structures are in conformance with this chapter.

Purpose. These requirements are intended to reduce potential adverse impacts that a particular land use might have on occupants of adjacent properties, such as glare of lights, dust, litter and appearance. With vegetative screening, such adverse impacts will be lessened.

Applicability. Landscape buffer requirements shall only apply to proposed uses in cases where a commercial or industrial use abuts a residential or agricultural district; where a utility use requiring a land use permit abuts any district; or such landscape buffer is required by a provision in this chapter. Commercial and industrial parcels which are developed as of the effective date of this chapter are exempt from this provision, except such parcels shall comply when the parcel is expanded in size or the use expands to an adjacent parcel which was previously undeveloped for such use.

General requirements.

Landscape buffer tree requirements. Landscape buffers, at the time of establishment, shall meet the design specifications on file in the Zoning Office as approved and incorporated into this chapter.

Permit required. Accessory structures shall require a land use permit except:

An accessory structure shall be located on the same lot as the principal use to which it is accessory.

An accessory structure shall not be permitted until its associated principal structure is present or under construction except:

Residential districts. Accessory structures such as shipping containers may only be permitted on a temporary basis.

Nonresidential districts. A vacant manufactured home may be permitted as a temporary accessory structure only in nonresidential zoning districts.

Temporary accessory structures. Certain accessory structures may only be permitted as a temporary structure, in specific zoning districts, upon issuance of a land use permit subject to the following: