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

2. Front yard: There shall be a front yard of at least 25 feet in depth.

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

4. Rear yard: There shall be a rear yard of at least 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: Off-street parking and sign regulations shall be observed.

1. Minimum lot area: Minimum lot area is 9,600 square feet.

2. Front yard: There shall be a front yard of at least 25 feet minimum depth.

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

4. Rear yard: The rear yard shall be at least 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 400 square feet, plus an additional 40 square feet for each child in excess of 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 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: Off-street parking and sign regulations shall be observed.

1. Minimum lot area: Minimum lot area is 15,000 square feet.

2. Lot frontage: There shall be at least 120 feet of frontage on a public street.

3. Pump setbacks: The pump island shall be set back 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 30 feet and driveways shall not be closer together than 25 feet. Driveways shall be not closer than five feet to a property line. There shall be not more than two driveways per public right-of-way.

9. Parking: Off-street parking shall be provided in compliance with Chapter 17.05 SPMC.

10. Signs: The sign regulations of Chapter 17.06 SPMC shall apply.

11. Grocery sales facilities: Convenience grocery sales facilities shall be limited to a maximum size of 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 on-site hazardous waste treatment or storage facilities, shall not apply to motor fuels that may be stored on the site for the permitted use.

1. Minimum lot area: Minimum lot area is 15,000 square feet.

2. Front yard: There shall be a front yard of at least 25 feet in depth.

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

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

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

6. Landscaping: A 10-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. [Ord. 378 § 2 (Exh. 1), 1999.]

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 (A)(1) and (A)(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.

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:

1. Home childcare.

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

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 300 square feet.

4. The sign regulations of Chapter 17.06 SPMC shall apply.

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

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

3. Sale of goods and services: The sale of goods and services from a home occupation shall be to one 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.

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.

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 50 feet from any property line.

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 or facility, other than 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.)

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 points of measurement specified in subsection C of this section. 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 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 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:

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. [Ord. 378 § 2 (Exh. 1), 1999.]

1. Make it possible for adult children to provide care and support to a parent or other relatives in need of assistance; and/or

2. Provide increased security and companionship for homeowners; and/or

3. Provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership; and/or

4. Provide for the care of disabled persons within their own homes; and/or

5. Provide for a more diverse and affordable housing stock.

1. An ADU may be attached to, included within, or detached from, the principal unit in any zone which allows a single-family housing unit, duplex, triplex, townhome, or other housing unit.

2. An ADU may be located within any zone when utilized as a caretaker’s quarters for public utility facilities.

3. Two accessory dwelling units are allowed on lots that are located in zoning districts which allow for single-family homes in the following configurations:

4. ADUs may be developed on any lot that meets the minimum lot size required for the principal unit.

5. ADUs must meet all development standards applicable to the principal unit, including maximum site coverage, minimum yard requirements, and height limitations, with the following exceptions:

6. Public street improvements shall not be required as a condition of permitting accessory dwelling units.

7. Required off-street parking spaces including garages, carports, or off-street areas reserved for vehicles which may be in tandem, shall be calculated as follows:

8. In order to encourage the development of housing units for people with disabilities, the town planner in consultation with the building official may allow reasonable deviation from the stated requirements to install features that facilitate accessibility.

1. Exception. Applicable impact fees for an ADU are limited to 50 percent of the impact fees that would be imposed on the principal unit.

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.

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 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.

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:

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:

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

2. Nonconforming Lots of Record.

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.

3. Amortization Period.

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 10 days in the same month, unless otherwise permitted by the town.

7. Temporary use of mobile trailer units or similar portable structures for nonresidential 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 signs per use shall be permitted and no sign shall exceed a 32-square-foot total of all faces. Maximum sign height shall be eight 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 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.

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 25 percent of the spaces required for the permanent use, except in the commercial (C) zoning district or as approved by the town council.

3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Chapter 17.05 SPMC, 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 than 30 days within any calendar year, except as follows:

6. All signs shall comply with the requirements of Chapter 17.06 SPMC, 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.

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.

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 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. [Ord. 378 § 2 (Exh. 1), 1999.]

1. Mobile home parks shall be permitted only upon the granting of a conditional use permit by the planning commission and upon the subsequent issuance of a building permit. Plans and documents submitted as a part of the conditional use application shall show compliance with the minimum performance regulations established by this section. The planning commission may impose such other specific performance standards as deemed necessary, on a case-by-case basis, to assure the compatibility of the proposed mobile home park with adjacent existing and planned uses; provided, that the planning commission, in connection with action on a conditional use permit, may not reduce the minimum standards specified by this section in matters for which a variance is the remedy except as provided in subsection G of this section.

1. A mobile home park shall not be less than five acres and shall contain not fewer than two spaces. Five acres shall be as defined by SPMC Title 15.

2. A mobile home park shall not be established on any site providing less than a 30-foot-wide access to a public street.

3. A space containing not less than 3,000 square feet shall be established and maintained for each mobile home intended to be located within the park for rental or lease purposes; provided, that the total space coverage by all structures within each space shall not exceed 50 percent. Only one mobile home shall occupy any given space in the park.

4. No building, structure or land within the boundaries of a mobile home park shall be used for any purpose other than the following:

5. No mobile home, building or other structure shall be located closer to a park boundary property line than is specified by the zone district in which the park is located. A mobile home or accessory structure shall not be located closer than 15 feet from any other mobile home, or closer than 10 feet from an interior park roadway. Mobile home accessory buildings, when not attached to the mobile home, shall not be closer than three feet from such mobile home, unless an intervening firewall is provided. Attached structures shall be considered a part of the mobile home for setback purposes. Swimming pools shall be located not closer than 50 feet from a park boundary property line in residentially zoned areas and shall be fenced in accordance with existing laws.

6. All sinks, showers, toilets or other similar fixtures in mobile homes and service buildings shall be connected to a sewer system. Where a public sewer is not available, the building and mobile home sewer shall be connected to a private sewerage disposal system.

7. Each mobile home site shall be connected to the town water system, unless approval for an independent water supply to service the mobile home park has been obtained from the town council. All necessary mains or pipes shall be installed at the sole cost and expense of the developer according to the specifications of the town.

8. Two off-street parking stalls shall be provided for each mobile home space with a minimum 10-foot access to a park street. All required off-street parking spaces shall be not less than eight feet by 20 feet and shall be paved. On-street or curbside parking shall not be counted as part or all of the required parking for a mobile home park where moving traffic lanes are used for this purpose.

9. All interior park roads shall be privately owned and shall be paved with asphalt or concrete to a width to safely accommodate the movement of a mobile home and emergency vehicles.

Dead-end streets shall be provided with a 70-foot minimum diameter roadway surface turnaround exclusive of parking lanes.

10. Storage areas for recreational vehicles, boats, and trailers must be provided. Such areas shall be enclosed by a sight-obscuring fence or hedgerow.

11. There shall be landscaping and ground cover within open areas of the mobile home park not otherwise used for park purposes. Such open areas and landscaping shall be continually and properly maintained.

12. When deemed necessary to maintain compatibility of the park with adjacent land uses, buffering or screening may be required by the planning commission.

13. Mobile homes may be maintained with or without mobility gear but in either event shall be secured to the ground in a manner approved by the building department official consistent with existing ordinances. Each mobile home shall be skirted with weather resistant, noncombustible material compatible with the exterior finish of the mobile home.

1. It shall be the responsibility of the park owner and manager to assure that the provisions of this section are observed and maintained within the mobile home park. Violations of this section shall subject both the owner and the manager of the facility to the penalties provided for the violation of this section.

2. No travel trailer or recreational vehicle shall be utilized except as a temporary living quarters; however, the parking of an unoccupied recreational vehicle in duly designated storage areas shall be permitted. For the purpose of this paragraph, the word “temporary” shall mean a period of 30 consecutive days.

3. All refuse shall be stored in insect-proof, animal-proof, watertight containers which shall be provided in sufficient number and capacity to accomodate all refuse. Any storage area for refuse containers shall be enclosed by sight-obscuring fence or screening and shall be situated on a concrete pad and shown on the site plan. Refuse shall be collected and disposed of on a regular basis.

4. Construction of accessory structures and alterations and additions to the mobile home park shall be subject to review by the building department official, and necessary permits and inspections shall be obtained as required for such construction.

5. All electrical connections to each mobile home shall comply with the electrical code and shall be inspected.

6. A portable fire extinguisher, rated for Classes A, B, and C, shall be kept in service buildings and at other locations conveniently and readily accessible for use by all residents and shall be maintained in good operating condition.

7. The park shall be maintained free of any brush, leaves, and weeds which might communicate fires between manufactured homes and other improvements. No combustible materials shall be stored in, around, or under any manufactured home.

8. When required, individual mail boxes shall be provided for each space in the park.

9. The owner, or a designated agent, shall be available and responsible for the direct management of the mobile home park.