Wilkeson City Zoning Code
CHAPTER 17
07 GENERAL AND SUPPLEMENTARY PROVISIONS
§ 17.07.010 Applicability.
The provisions of this chapter are of general application to several or all zoning districts unless otherwise noted. [UDC Ord. dated 7/21/1998].
§ 17.07.020 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. Site plan approval is required for all special uses:
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. Off-street parking and sign regulations shall be observed.
B.
Nurseries and Day Care Centers.
1.
Minimum Lot Area. Minimum lot area is seven thousand five hundred (7,500) square feet.
2.
Front Yard. There shall be a front yard of at least fifteen (15) feet minimum depth.
3.
Side Yard. Each side yard shall be a minimum of seven (7) feet in width.
4.
Rear Yard. The rear yard shall be at least seven (7) feet minimum depth. When abutting an alley or street, the rear yard shall be at least fifteen (15) feet.
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 (40) square feet 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 Planning Director at the time of the development plan review.
8.
Parking – Signs. Off-street 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 6:00 a.m. to 9:00 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 (30) feet 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. Off-street parking shall be provided in compliance with Chapter 17.04 WMC.
10.
Signs. The sign regulations of Chapter 17.05 WMC 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 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.
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 fifteen (15) feet in depth.
3.
Side Yard. Each side yard shall be at least seven (7) feet in width.
4.
Rear Yard. There shall be a rear yard of at least seven (7) feet in depth. When abutting an alley or street the rear yard shall be at least fifteen (15) feet.
5.
Ingress and Egress. Driveway widths shall not be greater than thirty (30) feet, 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 (10) foot strip is required along street rights-of-way, except at points of ingress and egress to the property. A five (5) foot strip of landscaping along side lot lines shall be provided. Landscaping shall be provided in a manner assigned by the Planning Department at the time of development plan review.
E.
Events Center.
1.
Definition. An events center includes community centers, performing arts theaters, community clubs and organizations, boys and girls clubs, granges and grange halls, wedding facilities including on-site food preparation, and organizational camps.
2.
Minimum Lot Area. Minimum lot area is two (2) acres.
3.
Maximum indoor floor area in primary building: ten thousand (10,000) square feet.
4.
Maximum indoor floor area in all buildings combined: twenty thousand (20,000) square feet.
5.
Front Yard. There shall be a front yard of at least twenty-five (25) feet in depth.
6.
Side Yard. Each side yard shall be a minimum of fifteen (15) feet in width.
7.
Rear Yard. There shall be a rear yard of at least twenty (20) feet in depth.
8.
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. In the event separate ingress and egress cannot be achieved due to nonconforming lot shapes, the presence of critical areas or shorelines, or other factors that eliminate the possibility of more than one (1) access/egress, the event coordinator shall provide private traffic control persons to direct traffic safely into and out of the venue.
9.
Landscaping. All yard areas must be landscaped pursuant to Chapter 17.06, Landscape Regulations. A Type I: Solid Screen shall be employed adjacent to all single-family residential properties. For all other areas the multifamily residential landscaping regulations apply (WMC § 17.06.060(B)).
10.
Parking and Signs. Off-street parking (Chapter 17.04 WMC) and sign regulations (Chapter 17.05 WMC) shall be observed. An independent parking study prepared by a qualified traffic engineer is required. ADA parking is required.
F.
Short Term Lodging.
1.
Definition. For purposes of this section, short term lodging is defined as establishments that provide sleeping accommodations, whether with or without meals, furnished for hire to transient guests. Examples include, but are not limited to, employee housing, camping, and retreat centers. Hotels, motels and bed and breakfast establishments are not included within this definition. The primary building may contain food service, recreational and gathering spaces and restroom and showering facilities. Lodging may be accomplished via tent spaces, RV spaces, or individual cabins designed to accommodate no more than ten (10) temporary guests each. Guests are limited to no more than ten (10) consecutive days with a minimum of three (3) consecutive days between visits.
2.
Minimum Lot Area. Minimum lot area is two (2) acres.
3.
Maximum indoor floor area in primary building: ten thousand (10,000) square feet.
4.
Maximum indoor floor area in all buildings combined: twenty thousand (20,000) square feet.
5.
Front Yard. There shall be a front yard of at least twenty-five (25) feet in depth.
6.
Side Yard. Each side yard shall be a minimum of fifteen (15) feet in width.
7.
Rear Yard. There shall be a rear yard of at least twenty (20) feet in depth.
8.
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. In the event separate ingress and egress cannot be achieved due to nonconforming lot shapes, the presence of critical areas or shorelines, or other factors that eliminate the possibility of more than one (1) access/egress, the event coordinator shall provide private traffic control persons to direct traffic safely into and out of the venue. Alternatively, the applicant may demonstrate a traffic control plan that ensures the public health, safety, and welfare.
9.
Landscaping. All yard areas must be landscaped pursuant to Chapter 17.06, Landscape Regulations. A Type I: Solid Screen shall be employed adjacent to all single-family residential properties. For all other areas the multifamily residential landscaping regulations apply (WMC § 17.06.060(B)).
10.
Parking and Signs. Off-street parking (Chapter 17.04 WMC) and sign regulations (Chapter 17.05 WMC) shall be observed. An independent parking study prepared by a qualified traffic engineer is required.
11.
On-Site Host. All short term lodging must employ an on-site host that resides at the property during periods of business operations. Employee housing may include individual units and/or sleeping units with shared kitchen and sanitary facilities. Prior to the issuance of permits, a property title notice shall be recorded with the Pierce County Auditor acknowledging: (a) that the housing is exclusively for employees, laborers, or the employees' or laborers' family members, and (b) that utilization of the employee housing for any other use must be allowed in the underlying zoning and development regulations.
12.
Restroom and Showering Facilities. Restroom facilities shall be accessible to all guests and be placed no more than one thousand (1,000) feet from the sleeping area in which each guest resides. Showering facilities may be confined to a central building.
13.
Accessibility. ADA accessible units with accessible parking must be provided in twenty (20) percent of the available units and must be reasonably accessible to the primary structure.
G.
Hobby Farms.
1.
Definition. A hobby farm is a small farm that is intended to provide food for the attached residential dwelling. Farm produce and materials may be sold in a farm stand subject to the restrictions of this section.
2.
Minimum Lot Area. Minimum lot area is one (1) acre.
3.
Front Yard. There shall be a front yard of at least twenty-five (25) feet in depth.
4.
Side Yard. Each side yard shall be a minimum of fifteen (15) feet in width.
5.
Rear Yard. There shall be a rear yard of at least twenty (20) feet in depth.
6.
Ingress and Egress. If there is a farm stand, loading and unloading areas shall be provided and shall be located off public streets.
7.
Landscaping. All yard areas must be landscaped pursuant to Chapter 17.06, Landscape Regulations. A Type II: Visual Screen shall be employed adjacent to all single-family residential properties. For all other areas the multifamily residential landscaping regulations apply (WMC § 17.06.060(B)).
8.
Parking and Signs. Off-street parking (Chapter 17.04 WMC) and sign regulations (Chapter 17.05 WMC) shall be observed.
9.
Farm Stand. A small farm stand of no more than two hundred fifty (250) square feet of indoor area is permitted. There shall be parking and loading areas as approved by the Town Engineer.
10.
Animals. For lots up to two (2) acres, three (3) small livestock including goats and sheep are permitted and/or no more than twenty (20) chickens or rabbits. For lots over two (2) acres, one (1) cow, horse or pig is permitted per acre in addition to the allowable limits for lots under two (2) acres. No large livestock (horses, cows, pigs) may occur on site. Slaughter of chickens and rabbits must occur no closer to adjacent residential property than one hundred (100) feet.
11.
Animal Enclosures. All rabbits must be contained to hutches. Chickens shall have a locking coop. Rabbits and chickens must have a safe enclosure of a minimum of two (2) cubic feet of sleeping area per animal. Enclosures such as, but not limited to, homes, garages, cages, barns, stables, and coops shall not be located in a front yard, and shall be set back as follows from adjacent residential property lines that are not held in common ownership:
a.
Fifteen (15) feet for poultry or rabbits;
b.
Ten (10) feet for other small animals and small livestock;
c.
Forty-five (45) feet for livestock; and
d.
For purposes of this section, a fenced area where animals are free roaming is not considered an animal enclosure.
e.
Where there is a conflict in setbacks between this section and the landscaping requirements and/or critical or shorelines setbacks, the more restrictive regulation shall apply.
f.
All food, medicine and other attractive nuisances shall be kept in locking, raccoon-proof containers.
12.
Fencing. All animal areas shall be fenced such that no animal may wander freely into adjacent properties or water bodies.
(UDC Ord. dated 7/21/1998; Ord. 2024.02 § 2, 2024)
§ 17.07.030 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. 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 (A)(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.
Welfare Facilities. 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. [UDC Ord. dated 7/21/1998].
§ 17.07.040 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 child care.
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 17.05 WMC 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.
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 WMC § 17.08.020. [UDC Ord. dated 7/21/1998].
§ 17.07.050 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 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, Z24.31944, 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 | |
|---|---|
Octave Band (cycles per second) | Maximum Permitted Sound Pressure Level (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 | |
|---|---|
Type of Operation or Character of Noise | Correction in Decibels |
Noise source operates less than twenty (20) percent of any one (1) hour period | Plus 5* |
Noise source operates less than five (5) percent of any one (1) hour period | Plus 10* |
Noise source operates less than one (1) percent of any one (1) hour period | Plus 15* |
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 or Federal agency. The relevant provisions of Federal, State and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. 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 Chapter 70.105 RCW;
b.
Hazardous substance land use facilities shall be located at least:
i.
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 WMC § 17.07.224(B);
ii.
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 WMC § 17.07.224(B), shorelines of Statewide significance, or shorelines of the State;
iii.
One-quarter (1/4) mile from public parks, public recreation areas or natural preserves, or State or Federal wildlife refuges;
iv.
Fifty (50) feet from any property line to serve as an on-site hazardous substance land use facility buffer zone;
v.
Five hundred (500) feet and one hundred (100) feet from a residential zone and a residential unit respectively; and
vi.
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 (100) 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 (D)(9)(b)(iv) 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 I-1 zones shall be entirely enclosed with 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. [UDC Ord. dated 7/21/1998].
§ 17.07.060 Animals in residential districts.
No dangerous animals are to be allowed in a residential district. Dangerous animals are as following: 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. 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. [UDC Ord. dated 7/21/1998].
§ 17.07.070 Parking, storage or habitation of major recreational equipment.
For purposes of this title, major recreational equipment is defined as including boats and boat trailers and travel trailers. No more than 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. [UDC Ord. dated 7/21/1998].
§ 17.07.080 Parking or storage of inoperable vehicles.
No more than one (1) vehicle of any kind in inoperable condition shall be stored or parked on any residentially zoned property for more than thirty (30) days unless a permit for an exception has been granted by the Town Council. [UDC Ord. dated 7/21/1998].
§ 17.07.090 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. Nonconforming uses, structures, lots or signs are not favored by law and this title, 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 of 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 (6) 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 May 1, 1997, 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 Planning Director.
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 Planning Director.
4.
Town Council's Authority. The Town Council may waive specific development standard requirements or impose additional requirements when all the following criteria are met:
a.
When owing to special circumstances a literal enforcement of the provisions of this title or other land use regulatory ordinances of the Town will result in unnecessary hardship.
b.
When the waiver of development requirements is in harmony with the purpose and intent of Town ordinances and the Comprehensive Plan.
c.
When the proposed use, building and development will function without adverse impact upon adjacent property, development in the area or the Town as a whole.
d.
When a conditional use permit is not required.
E.
Nonconforming Lots.
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.
a.
Residential Districts. 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 May 1, 1997, notwithstanding limitations imposed by other provisions of this title.
b.
Other Districts. In any other district, permitted buildings and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping and off-street parking requirements are met. Nonconforming uses must also be approved by the Town Council. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to May 1, 1997, 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 were legally existing as of May 1, 1997, 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 Planning Department.
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 (90) days.
(UDC Ord. dated 7/21/1998; Ord. 2018.02 § 1, 2018)
§ 17.07.100 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. [UDC Ord. dated 7/21/1998].
§ 17.07.110 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. [UDC Ord. dated 7/21/1998].
§ 17.07.120 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. [UDC Ord. dated 7/21/1998].
§ 17.07.130 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. [UDC Ord. dated 7/21/1998].
§ 17.07.140 Accessory buildings.
A.
An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear half of a lot the accessory building can be built to within seven (7) 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.
Guesthouse accessory buildings shall be located on the rear half of the building site. There shall not be more than one (1) guesthouse 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. [UDC Ord. dated 7/21/1998].
§ 17.07.150 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. [UDC Ord. dated 7/21/1998].
§ 17.07.160 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. [UDC Ord. dated 7/21/1998].
§ 17.07.170 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 (50) feet of any lot line. Town-owned elevated reservoirs, water tanks, fire or police training towers and standpipes are exempt from height restrictions. [UDC Ord. dated 7/21/1998].
§ 17.07.180 Temporary use regulations.
This section 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 such additional conditions as may be established by the Planning Director.
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.
Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use.
7.
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.
8.
Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use.
9.
Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only.
10.
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.
11.
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.
12.
Fund-raising carwashes. No permit is required.
13.
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.
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 commercial zoning district or as approved by the Town Council.
2.
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 17.04 WMC, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.
3.
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.
4.
No temporary use shall occupy a site or operate within the Town for more than thirty (30) days 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 (1) additional year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section.
5.
All signs shall comply with the requirements of Chapter 17.05 WMC pertaining to sign regulations, except as otherwise specified in this section.
6.
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.
7.
The Planning Director 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 Planning Director 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 Director, and shall include such information as the Planning Director 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 Planning Director 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. [UDC Ord. dated 7/21/1998].
§ 17.07.190 Adult uses.
A.
Adult uses, as defined in WMC § 15.02.020, are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones:
1.
Within one thousand (1,000) feet of any residential zone or any single- or multiple-family residential use.
2.
Within one thousand (1,000) feet of any public or private school.
3.
Within one thousand (1,000) feet of any church or other religious facility or institution.
4.
Within one thousand (1,000) feet of any public park.
5.
Within one thousand (1,000) feet of any public library.
B.
The distances provided in this section shall 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 of property or the land use district boundary line from which the proposed land is to be separated.
C.
Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the Town Attorney under State law.
D.
Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any Town ordinance or statute of the State regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. [UDC Ord. dated 7/21/1998].
§ 17.07.200 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 WMC § 15.02.020, 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 (1,000) 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 or 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. [UDC Ord. dated 7/21/1998].
§ 17.07.210 Zero lot line planned development – Authorized.
Zero lot line planned development may be permitted in commercial districts with conditional use approved by the Town Council. [UDC Ord. dated 7/21/1998].
§ 17.07.220 Fences.
A.
Height.
1.
Fences in residential zones and fences located on the common abutting property line in nonresidential zones which immediately abut residential zones shall not exceed six (6) feet in height. Within the setback areas, the maximum height shall not exceed six (6) feet in height.
2.
When the use of the property requires compliance with the landscaping requirements of Chapter 17.06 WMC, the fence shall be set back the distance required to accommodate the landscaping, and provision shall be made for access to the landscape area for maintenance purposes.
3.
Fences in commercial zones shall not exceed eight (8) feet in height.
B.
Location. Fences shall not interfere with the vision clearance from public streets or alleys for corner lots. In commercial zones, fences may not be located between any public street and the front of any building.
C.
Retaining Walls and Berms. Fences placed on top of berms shall be constructed so as not to exceed the maximum height allowed if the berm were not there. Fences placed upon rockeries or retaining walls shall be permitted to be constructed to the maximum allowable fence height above the rockery or retaining wall, provided the rockery or retaining wall does not exceed a height of six (6) feet. Fences constructed on top of retaining walls which are greater than six (6) feet in height shall not exceed a maximum fence height of forty-two (42) inches.
D.
Barbed Wire. Barbed wire is not permitted in any residential zone except for security facilities around utility or communications facilities, or other special property uses. In commercial and industrial zones, barbed wire is permitted only atop a fence or wall at least six (6) feet in height. Barbed wire shall not be conspicuously visible from arterial streets or residentially zoned properties.
E.
Electric Fences. Electric fences are permitted.
F.
When a development site is comprised of more than one (1) platted lot or parcel of land, the Planning Director shall determine which lot line is to be the front lot line.
G.
In making the determination of front lot line the Planning Director shall use the following criteria:
1.
The orientation of the originally created lot or parcel lines;
2.
The relationship of the proposed development to existing topography, buildings, and development patterns in the immediate vicinity;
3.
The classification of the affected streets (arterial, collector, local, etc.) and how the application of "front lot line" would affect vehicular traffic flow and pedestrian safety;
4.
The existing development on the lot and how the application of front lot line would impact the existing improvements on the site;
5.
Maximizing the use of alleys for access to parking areas and preserving the setback areas for streetscape improvements;
6.
Other factors related to the purpose of the zoning code and the zone in which the property is located, environmental impact, and the proposed use of the property.
H.
On corner lots which have been developed under a previous zoning code, or which were developed prior to the establishment of a zoning code, the Planning Director is authorized to determine which side of the lot is to be considered the front lot line for purposes of establishing building setbacks when an addition or expansion is proposed to the existing building on the lot. [UDC Ord. dated 7/21/1998].
