SUPPLEMENTARY REGULATIONS
Regulations specified in other sections of this Chapter shall be subject to the interpretations and exceptions set forth in this Article.
(Prior Code, § 6-11; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Illumination of uses. Any light used to illuminate signs, parking areas or for any other purposes shall be so arranged as to reflect the light away from nearby residential properties and away from the vision of passing motorists.
(b)
Signs. In addition to other requirements of this Chapter, all signs for identification or outdoor advertising purposes shall comply with the following conditions:
(1)
No sign shall be located so that safety of a moving vehicle will be impaired by distracting the vision of the driver of the vehicle.
(2)
All signs exceeding one square foot of surface for each three feet of lot frontage shall be subject to approval by the Board of Trustees according to the provisions of Article 10 of this Chapter.
(3)
No sign shall project above the roofline of any structure or building on the same lot on which the sign is placed, nor shall any sign exceed the building height limit of the zone district in which it is placed.
(Prior Code, § 6-11A; Ord. No. 2016-4, § 1, 8-29-2016)
Where an individual lot was held in separate ownership from adjoining properties or was platted and recorded at the time of passage of the ordinance codified herein and has less area and/or less width than required in other sections of this Chapter, such lot may be occupied according to the permitted uses provided for the district in which such lot is located, except in the case of motels, hotels, lodges and resorts, which shall not be subject to the preceding exception.
(Prior Code, § 6-11B; Ord. No. 2016-4, § 1, 8-29-2016)
No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another building.
(Prior Code, § 6-11C; Ord. No. 2016-4, § 1, 8-29-2016)
Where lots comprising 50 percent or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of the ordinance codified herein, the average front yard of such buildings shall be the minimum front yard required for all new construction in such block.
(Prior Code, § 6-11D; Ord. No. 2016-4, § 1, 8-29-2016)
In measuring the minimum floor area as required, all measurements shall be along outside walls of the living area, not including garages or carport areas.
(Prior Code, § 6-11E; Ord. No. 2016-4, § 1, 8-29-2016)
Each space shall be not less than ten feet wide, 20 feet long and seven feet high, shall have vehicular access to a street or alley and shall be located on the same lot as the principal use which it serves in the R-1 and R-2 Districts and within 200 feet of the principal use in the C and I Districts. An area of 300 square feet, which includes area for ingress and egress, shall be required for each parking space.
(Prior Code, § 6-11F; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
No junk or waste shall be stored outdoors except as follows:
(1)
In residential areas, in containers of 32 gallons or less and no more than four per address, or in carts specifically designed for containing household refuse and approved by the Town.
(2)
In commercial and industrial areas, in such receptacles as are commonly designed for containing trash and refuse and as are approved by the Town.
(b)
No junk material, wastes or trash shall be removed from one parcel of property and disposed of by depositing upon another parcel of property or in the streets or public rights-of-way, except by being delivered to an authorized dump site.
(c)
On corner lots, no planting of shrubs, trees or flowers or the erection of a solid fence or structure over 30 inches above the level of the roadway or street which obstructs the view of traffic shall be permitted within the triangle measured from the point of intersection of the lot lines abutting the streets to a distance of 25 feet along each such lot line.
(d)
It is unlawful to sell any products at retail or wholesale from any temporary stand, temporary structure, motor vehicle or trailer, except agricultural products grown on the premises upon which the stand is located.
(e)
Yard sales and garage sales shall be allowed for no longer than two days at a time.
(Prior Code, § 6-11G; Ord. No. 2016-4, § 1, 8-29-2016)
All dwellings, including manufactured homes, factory-built homes and mobile homes not located in a designated mobile home park, shall be set on and attached to a permanent concrete foundation, which consists of a poured eight-inch-wide formed wall, which extends a minimum of six inches above grade and shall include crawl spaces. All foam-formed systems shall either be covered or protected at all points above grade.
(Prior Code, § 6-11H; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Mobile homes may only be located, erected or placed in mobile home parks pursuant to Article 4 of this Chapter. Mobile homes which are not located in a mobile home park and which have been established and located upon any lot for more than five years prior to January 1, 1997, shall be allowed to remain as a preexisting nonconforming use. Such preexisting, nonconforming mobile homes may be replaced by newer and larger mobile homes, so long as the owner of such lot or parcel upon which the mobile home is located has complied with all of the other requirements of this Chapter, except that no single-wide mobile home may be replaced with a double-wide mobile home.
(b)
The area between the grade and the bottom of the mobile home shall be fully enclosed by a perimeter wall, constructed of wood, cement or cement block, so as to completely enclose the area; except that windows may be installed according to the adopted building code. The enclosing wall shall replicate a foundation and shall be for the purpose of preventing infestation by rodents and animals and to provide a uniform appearance throughout the Town.
(Prior Code, § 6-11I; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Purpose. The purpose of the sight distance regulation is to provide for the preservation and promotion of the public health, welfare and safety of the inhabitants of the Town by establishing minimum standards for the unobstructed cross-visibility at intersections of two public rights-of-way.
(b)
Definitions.
Flowline means the transition between the gutter and the face of the curb within a public road right-of-way. For a cross-pan or valley pan, it is the center of the pan. Where no curb exists, flowline will be considered the edge of pavement or roadway of the outside traveled lane.
Sight distance obstruction means any object that interferes with the ability of a motor vehicle operator or pedestrian to adequately view traffic or control devices for the purpose of safe and proper use of pubic rights-of-way; such objects shall include, but not be limited to, walls, fences, hedges, shrubs, trees, signs, benches, vehicles and other such objects extending more than three feet above the flowline. A sight distance obstruction is hereby declared by the Board of Trustees to be a safety hazard and is a violation of this Code. Such violation may be punished or abated as provided in Chapter 7 of this Code.
(c)
Exemptions. Exempted shall be permanent buildings, suitable for human occupancy, for which a valid building permit had been issued prior to the effective date of the ordinance codified herein.
(1)
The clear vision zone of a corner lot is a triangle formed by combining the lines of sight for both left and right directions along the intersecting streets or streets and alleys. Clear vision zones shall be free from any sight distance obstruction.
(2)
Trees in existence on the effective date of the ordinance codified herein are exempted. No trees shall be planted in any clear vision zone hereinafter described after said effective date.
(d)
Setbacks. The following chart shall be used to establish clear vision zone setbacks:
Clear Vision Zone Setbacks
(1)
The distances in the clear vision zone setback chart are typical distances to be used under normal conditions and may be modified by the Board of Trustees in order to protect the public safety and welfare in the event that exceptional sight conditions necessitate such a modification.
(2)
At the intersection of a street and alley, the minimum clear vision distance shall be a triangle measuring 30 feet along each curb or edge of the roadway from the point of intersection, the third side being a diagonal line connecting the first two lines.
(Ord. No. 2016-4, § 1, 8-29-2016)
The following provisions shall apply to accessory uses, structures and buildings in all zone districts.
(1)
The accessory uses and structures shall be subordinate to and customarily found with the principal use of the land or site.
(2)
The accessory uses or structures shall be located on the same lot as the principal use.
(3)
The accessory structure height in residential areas shall conform to Section 16-2-110 of the Pierce Municipal Code.
(4)
In residential zones, the accessory structure footprint shall conform to Section 16-2-100 of the Pierce Municipal Code.
(5)
In agricultural, commercial and industrial zones, there shall be no limit on the size or number of accessory buildings and structures, but such accessory buildings and structures shall be required to meet any applicable design review standards if an infill location.
(6)
Accessory structure shall not be used for living or sleeping quarters except for industrial uses which may provide accessory living or sleeping quarters for the housing of security or maintenance personnel in close proximity to the industrial use and which shall not exceed 1,200 square feet in size. In no event shall such accessory living or sleeping quarters become an independent living unit, nor shall the accessory building or structure be subdivided from the remainder of the site.
(7)
Accessory structures shall comply with the front, rear and side yard setbacks set forth in this Chapter, Accessory Structures.
a.
Accessory buildings less than 120 square feet in size which do not require a building permit shall be permitted to locate in rear and interior side yard setbacks.
b.
When accessory buildings and structures have alley access, the setback from the alley shall be a minimum of five feet when access to the accessory building or structure occurs parallel to the alley. Otherwise, the minimum setbacks for accessory buildings or structures that have direct access from the alley shall be a minimum of ten feet.
(8)
Accessory structures which require a building permit shall be compatible with the primary principal structure in terms of similar color.
(9)
Truck boxes, semi-tractor trailers, shipping containers, storage containers (including but not limited to Conex containers and PODS storage containers), railroad cars, mobile homes, motor homes or other devices not intended as permanent structures shall not be used as accessory structures in residential areas. Storage containers and shipping containers may be used in Commercial C-2, and Industrial I-1, I-2, and I-3 zones, subject to special review.
(10)
There shall be no more than three accessory structures in any residential zone.
(11)
No accessory structure shall contain a dwelling unit or sleeping facility of any kind and shall not have plumbing except for a utility sink and a toilet.
(12)
No accessory structure shall be allowed on any lot until the lot contains a principal structure, except in A-Agricultural zone.
(Ord. No. 2019-1, § 1, 3-11-2019)
Temporary uses in any associated structures shall be subject to all zoning and other requirements of this Code, including the specific provisions set forth in this Article and shall require a written permit from the Town Clerk.
(1)
The following are allowable temporary uses if otherwise allowed in the zoning district:
a.
Temporary uses shall be considered as accessory uses in the zone district in which they are permitted, provided they are on lots that contain a principal building or use wherein active operations are being conducted. Temporary uses located on lots wherein active operations have ceased or never existed shall be considered principal uses and shall be subject to all zone district requirements.
b.
Temporary uses shall be limited to 90 days. Signage associated with any temporary use shall also be limited to 90 days. A temporary use may be extended for up to 30 days by the Town Clerk if the use is in full compliance with all applicable provisions of this Code.
(2)
A temporary use location shall have safe access, egress and circulation, including emergency access, shall not impede traffic, and shall not significantly impact access or egress for existing uses.
(3)
Setbacks of the applicable zone district shall apply to all temporary uses, except that temporary storage containers may be placed in driveways.
(4)
A temporary use may be subject to the screening requirement for the applicable zoning district, including screening of materials, equipment and storage.
(5)
Where a temporary use is located on a site with another permitted commercial use, adequate on-site parking shall be provided for the temporary use in addition to retaining the minimum required parking for existing commercial use.
(6)
Merchandise, equipment or temporary structures shall not be permitted in the public right-of-way, access easements or setbacks in the applicable zoning district except that dumpsters may be allowed if sufficient street width permits and upon obtaining a permit from the Town of Pierce. Permit fees and time limits may be established by the Town.
(7)
Reserved.
(8)
The applicant shall obtain all associated, required and applicable approvals, permits and licensing, including but not limited to a temporary use permit, a business license, a temporary sign permit or outside agency approval, prior to initiating operations.
(9)
Temporary use permits may be issued by the Town Clerk, but in the Town Clerk's discretion may be referred to the Board of Trustees.
(Ord. No. 2019-1, § 2, 3-11-2019)
SUPPLEMENTARY REGULATIONS
Regulations specified in other sections of this Chapter shall be subject to the interpretations and exceptions set forth in this Article.
(Prior Code, § 6-11; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Illumination of uses. Any light used to illuminate signs, parking areas or for any other purposes shall be so arranged as to reflect the light away from nearby residential properties and away from the vision of passing motorists.
(b)
Signs. In addition to other requirements of this Chapter, all signs for identification or outdoor advertising purposes shall comply with the following conditions:
(1)
No sign shall be located so that safety of a moving vehicle will be impaired by distracting the vision of the driver of the vehicle.
(2)
All signs exceeding one square foot of surface for each three feet of lot frontage shall be subject to approval by the Board of Trustees according to the provisions of Article 10 of this Chapter.
(3)
No sign shall project above the roofline of any structure or building on the same lot on which the sign is placed, nor shall any sign exceed the building height limit of the zone district in which it is placed.
(Prior Code, § 6-11A; Ord. No. 2016-4, § 1, 8-29-2016)
Where an individual lot was held in separate ownership from adjoining properties or was platted and recorded at the time of passage of the ordinance codified herein and has less area and/or less width than required in other sections of this Chapter, such lot may be occupied according to the permitted uses provided for the district in which such lot is located, except in the case of motels, hotels, lodges and resorts, which shall not be subject to the preceding exception.
(Prior Code, § 6-11B; Ord. No. 2016-4, § 1, 8-29-2016)
No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another building.
(Prior Code, § 6-11C; Ord. No. 2016-4, § 1, 8-29-2016)
Where lots comprising 50 percent or more of the frontage on one side of a street between intersecting streets have been improved with buildings at the time of passage of the ordinance codified herein, the average front yard of such buildings shall be the minimum front yard required for all new construction in such block.
(Prior Code, § 6-11D; Ord. No. 2016-4, § 1, 8-29-2016)
In measuring the minimum floor area as required, all measurements shall be along outside walls of the living area, not including garages or carport areas.
(Prior Code, § 6-11E; Ord. No. 2016-4, § 1, 8-29-2016)
Each space shall be not less than ten feet wide, 20 feet long and seven feet high, shall have vehicular access to a street or alley and shall be located on the same lot as the principal use which it serves in the R-1 and R-2 Districts and within 200 feet of the principal use in the C and I Districts. An area of 300 square feet, which includes area for ingress and egress, shall be required for each parking space.
(Prior Code, § 6-11F; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
No junk or waste shall be stored outdoors except as follows:
(1)
In residential areas, in containers of 32 gallons or less and no more than four per address, or in carts specifically designed for containing household refuse and approved by the Town.
(2)
In commercial and industrial areas, in such receptacles as are commonly designed for containing trash and refuse and as are approved by the Town.
(b)
No junk material, wastes or trash shall be removed from one parcel of property and disposed of by depositing upon another parcel of property or in the streets or public rights-of-way, except by being delivered to an authorized dump site.
(c)
On corner lots, no planting of shrubs, trees or flowers or the erection of a solid fence or structure over 30 inches above the level of the roadway or street which obstructs the view of traffic shall be permitted within the triangle measured from the point of intersection of the lot lines abutting the streets to a distance of 25 feet along each such lot line.
(d)
It is unlawful to sell any products at retail or wholesale from any temporary stand, temporary structure, motor vehicle or trailer, except agricultural products grown on the premises upon which the stand is located.
(e)
Yard sales and garage sales shall be allowed for no longer than two days at a time.
(Prior Code, § 6-11G; Ord. No. 2016-4, § 1, 8-29-2016)
All dwellings, including manufactured homes, factory-built homes and mobile homes not located in a designated mobile home park, shall be set on and attached to a permanent concrete foundation, which consists of a poured eight-inch-wide formed wall, which extends a minimum of six inches above grade and shall include crawl spaces. All foam-formed systems shall either be covered or protected at all points above grade.
(Prior Code, § 6-11H; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Mobile homes may only be located, erected or placed in mobile home parks pursuant to Article 4 of this Chapter. Mobile homes which are not located in a mobile home park and which have been established and located upon any lot for more than five years prior to January 1, 1997, shall be allowed to remain as a preexisting nonconforming use. Such preexisting, nonconforming mobile homes may be replaced by newer and larger mobile homes, so long as the owner of such lot or parcel upon which the mobile home is located has complied with all of the other requirements of this Chapter, except that no single-wide mobile home may be replaced with a double-wide mobile home.
(b)
The area between the grade and the bottom of the mobile home shall be fully enclosed by a perimeter wall, constructed of wood, cement or cement block, so as to completely enclose the area; except that windows may be installed according to the adopted building code. The enclosing wall shall replicate a foundation and shall be for the purpose of preventing infestation by rodents and animals and to provide a uniform appearance throughout the Town.
(Prior Code, § 6-11I; Ord. No. 2016-4, § 1, 8-29-2016)
(a)
Purpose. The purpose of the sight distance regulation is to provide for the preservation and promotion of the public health, welfare and safety of the inhabitants of the Town by establishing minimum standards for the unobstructed cross-visibility at intersections of two public rights-of-way.
(b)
Definitions.
Flowline means the transition between the gutter and the face of the curb within a public road right-of-way. For a cross-pan or valley pan, it is the center of the pan. Where no curb exists, flowline will be considered the edge of pavement or roadway of the outside traveled lane.
Sight distance obstruction means any object that interferes with the ability of a motor vehicle operator or pedestrian to adequately view traffic or control devices for the purpose of safe and proper use of pubic rights-of-way; such objects shall include, but not be limited to, walls, fences, hedges, shrubs, trees, signs, benches, vehicles and other such objects extending more than three feet above the flowline. A sight distance obstruction is hereby declared by the Board of Trustees to be a safety hazard and is a violation of this Code. Such violation may be punished or abated as provided in Chapter 7 of this Code.
(c)
Exemptions. Exempted shall be permanent buildings, suitable for human occupancy, for which a valid building permit had been issued prior to the effective date of the ordinance codified herein.
(1)
The clear vision zone of a corner lot is a triangle formed by combining the lines of sight for both left and right directions along the intersecting streets or streets and alleys. Clear vision zones shall be free from any sight distance obstruction.
(2)
Trees in existence on the effective date of the ordinance codified herein are exempted. No trees shall be planted in any clear vision zone hereinafter described after said effective date.
(d)
Setbacks. The following chart shall be used to establish clear vision zone setbacks:
Clear Vision Zone Setbacks
(1)
The distances in the clear vision zone setback chart are typical distances to be used under normal conditions and may be modified by the Board of Trustees in order to protect the public safety and welfare in the event that exceptional sight conditions necessitate such a modification.
(2)
At the intersection of a street and alley, the minimum clear vision distance shall be a triangle measuring 30 feet along each curb or edge of the roadway from the point of intersection, the third side being a diagonal line connecting the first two lines.
(Ord. No. 2016-4, § 1, 8-29-2016)
The following provisions shall apply to accessory uses, structures and buildings in all zone districts.
(1)
The accessory uses and structures shall be subordinate to and customarily found with the principal use of the land or site.
(2)
The accessory uses or structures shall be located on the same lot as the principal use.
(3)
The accessory structure height in residential areas shall conform to Section 16-2-110 of the Pierce Municipal Code.
(4)
In residential zones, the accessory structure footprint shall conform to Section 16-2-100 of the Pierce Municipal Code.
(5)
In agricultural, commercial and industrial zones, there shall be no limit on the size or number of accessory buildings and structures, but such accessory buildings and structures shall be required to meet any applicable design review standards if an infill location.
(6)
Accessory structure shall not be used for living or sleeping quarters except for industrial uses which may provide accessory living or sleeping quarters for the housing of security or maintenance personnel in close proximity to the industrial use and which shall not exceed 1,200 square feet in size. In no event shall such accessory living or sleeping quarters become an independent living unit, nor shall the accessory building or structure be subdivided from the remainder of the site.
(7)
Accessory structures shall comply with the front, rear and side yard setbacks set forth in this Chapter, Accessory Structures.
a.
Accessory buildings less than 120 square feet in size which do not require a building permit shall be permitted to locate in rear and interior side yard setbacks.
b.
When accessory buildings and structures have alley access, the setback from the alley shall be a minimum of five feet when access to the accessory building or structure occurs parallel to the alley. Otherwise, the minimum setbacks for accessory buildings or structures that have direct access from the alley shall be a minimum of ten feet.
(8)
Accessory structures which require a building permit shall be compatible with the primary principal structure in terms of similar color.
(9)
Truck boxes, semi-tractor trailers, shipping containers, storage containers (including but not limited to Conex containers and PODS storage containers), railroad cars, mobile homes, motor homes or other devices not intended as permanent structures shall not be used as accessory structures in residential areas. Storage containers and shipping containers may be used in Commercial C-2, and Industrial I-1, I-2, and I-3 zones, subject to special review.
(10)
There shall be no more than three accessory structures in any residential zone.
(11)
No accessory structure shall contain a dwelling unit or sleeping facility of any kind and shall not have plumbing except for a utility sink and a toilet.
(12)
No accessory structure shall be allowed on any lot until the lot contains a principal structure, except in A-Agricultural zone.
(Ord. No. 2019-1, § 1, 3-11-2019)
Temporary uses in any associated structures shall be subject to all zoning and other requirements of this Code, including the specific provisions set forth in this Article and shall require a written permit from the Town Clerk.
(1)
The following are allowable temporary uses if otherwise allowed in the zoning district:
a.
Temporary uses shall be considered as accessory uses in the zone district in which they are permitted, provided they are on lots that contain a principal building or use wherein active operations are being conducted. Temporary uses located on lots wherein active operations have ceased or never existed shall be considered principal uses and shall be subject to all zone district requirements.
b.
Temporary uses shall be limited to 90 days. Signage associated with any temporary use shall also be limited to 90 days. A temporary use may be extended for up to 30 days by the Town Clerk if the use is in full compliance with all applicable provisions of this Code.
(2)
A temporary use location shall have safe access, egress and circulation, including emergency access, shall not impede traffic, and shall not significantly impact access or egress for existing uses.
(3)
Setbacks of the applicable zone district shall apply to all temporary uses, except that temporary storage containers may be placed in driveways.
(4)
A temporary use may be subject to the screening requirement for the applicable zoning district, including screening of materials, equipment and storage.
(5)
Where a temporary use is located on a site with another permitted commercial use, adequate on-site parking shall be provided for the temporary use in addition to retaining the minimum required parking for existing commercial use.
(6)
Merchandise, equipment or temporary structures shall not be permitted in the public right-of-way, access easements or setbacks in the applicable zoning district except that dumpsters may be allowed if sufficient street width permits and upon obtaining a permit from the Town of Pierce. Permit fees and time limits may be established by the Town.
(7)
Reserved.
(8)
The applicant shall obtain all associated, required and applicable approvals, permits and licensing, including but not limited to a temporary use permit, a business license, a temporary sign permit or outside agency approval, prior to initiating operations.
(9)
Temporary use permits may be issued by the Town Clerk, but in the Town Clerk's discretion may be referred to the Board of Trustees.
(Ord. No. 2019-1, § 2, 3-11-2019)