Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.010 Title.
17.01.020 Purpose.
17.01.030 Conformity with regulations required.
17.01.040 Public uses.
17.01.050 Interpretation and application of provisions.
17.01.060 Conflict with other regulations.
17.01.070 Repealed.
17.01.080 Conformance required – Fence or shrub height.
17.01.090 Construction trailers – Temporary uses.
17.01.100 Exceptions to minimum lot area.
17.01.010 Title.
This title shall be known and cited as the “Zoning Ordinance of the City of Gig Harbor, Washington,” as passed and adopted by Ordinance 573, approved on February 26, 1990. (Ord. 573 § 2, 1990).
17.01.020 Purpose.
A. The purpose of this title is to regulate the use of land and improvements by districts in accordance with the city comprehensive plan. These zoning regulations are designed to provide for orderly development, to lessen street congestion, to promote fire safety and public order, to protect the public health and general welfare, to prevent overcrowding, and to stimulate the systematic development of transportation, water, sewer, schools, parks, storm drainage and other public facilities.
B. It is further intended that any financial responsibility of the developer for work to be done on city streets, bounding in close proximity to and/or giving access to the development, which arises out of the provisions of this chapter, be made the subject of a contractual agreement between the developer and the city, and that such contractual agreement shall contain provisions to effectuate other sections of this chapter. (Ord. 573 § 2, 1990).
17.01.030 Conformity with regulations required.
No building or land within the city of shall hereafter be occupied or used and no building or part thereof shall be erected, moved or altered unless in conformity with applicable provisions specified in this title. (Ord. 573 § 2, 1990).
17.01.040 Public uses.
A. Approval Required to Insure Conformity. To insure that public uses and structures conform to the general community pattern and to the regulations governing private uses and development, agencies of the federal government, the state of Washington and its political subdivisions, including the city of Gig Harbor, shall submit plans and receive approvals in conformity with the regulations outlined herein when any activity covered by this title is contemplated in the city. (Ord. 605 § 2, 1991; Ord. 573 § 2, 1990).
17.01.050 Interpretation and application of provisions.
The provisions of this title shall be the minimum regulations and shall apply uniformly within each district and each class or kind of building, structure, land or water area, except as hereinafter specifically provided. (Ord. 573 § 2, 1990).
17.01.060 Conflict with other regulations.
Whenever the regulations of this title are at variance with the requirements of any other lawfully adopted rule or regulation or ordinance of the city, then the most restrictive of these provisions, or the provision imposing the highest standards as the case may be, shall apply. (Ord. 573 § 2, 1990).
17.01.070 Public notice.
Repealed by Ord. 702. (Ord. 652 § 3, 1993; Ord. 573 § 2, 1990).
17.01.080 Conformance required – Fence or shrub height.
A. In order to maintain and preserve safe vision purposes on all corner lots, there shall be no fences, shrubs or other physical obstructions within 20 feet of the apex of the property corner at the intersecting streets, higher than 36 inches above the existing grade.
B. On interior lots a fence not exceeding six feet in height above the existing grade may be located anywhere from the front yard setback line to the rear property line. Within the front yard, a fence not exceeding three feet in height may be constructed to the side yard property lines with provisions for safe vision clearance where a driveway intersects the fronting street.
C. Fences shall not be constructed of plywood or composition sheeting. (Ord. 702 § 3, 1996; Ord. 667 § 2, 1994; Ord. 652 § 2, 1993; Ord. 109A § 3, 1968. Formerly 17.08.010).
17.01.090 Construction trailers – Temporary uses.
A. Applications for the temporary use of construction trailers are Type 1 project permit applications as defined under GHMC Title 19 and shall be processed accordingly. These permits are available for those who are in the process of constructing a building or buildings, which shall be subject to renewal, to locate a construction trailer or similar portable office on the building lot during the course of construction of the building or buildings. Such permit shall not be issued until after a building permit has been obtained.
B. Construction trailers or portable offices may be used as caretaker’s quarters at various job sites which are controlled by other permits of limited time duration. All other types of caretaker quarters must meet the requirements for dwellings.
C. Construction trailers or portable offices used for temporary uses must have an approval on sewage disposal system, water supply, and electrical connection.
D. A temporary use permit may be issued by the planning/building department for a period not to exceed one year; provided, the department, for good cause shown, may renew the permit for an additional six-month period, at which time the temporary use (construction trailer or portable office) and all appurtenances thereto shall be removed from the property.
E. As a condition to the issuance of a temporary permit under the provisions of this section, the owner shall deposit in trust with the city, in cash or its equivalent, an amount as established under the City’s Fee Schedule Resolution, to be deposited in a special fund created by this chapter and identified as the “construction trailer or portable office deposit fund,” and shall enter into an agreement with the city. Such agreement shall provide, at a minimum, as follows:
1. The applicant agrees to pay to the city all fees, costs, and/or expenses, legal or otherwise, which the city may incur in causing the removal of the construction trailer or portable office, and all its appurtenances left in place beyond the time period approved by the city or used or installed in violation of the ordinances of the city;
2. The applicant agrees that all such fees, costs and/or expenses incurred by the city shall be deducted from the deposit;
3. The applicant agrees to pay to the city such fees, costs, and/or expenses incurred by the city which are in excess of the deposit;
4. The city agrees to refund the deposit at the time of expiration of the permit, in total; provided the city does not incur such fees, costs, and/or expenses, or shall refund the remainder of the deposit after deduction of such fees, costs, and/or expenses; and
5. The city agrees to provide to the applicant a complete and accurate accounting of all such fees, costs, and/or expenses, if any, incurred by the city.
F. A temporary use permit will be issued by the planning/building department. The fee imposed for the permit is in addition to all other required permits for electrical, plumbing and sewage disposal systems. (Ord. 702 § 5, 1996).
17.01.100 Exceptions to minimum lot area.
A lot which does not satisfy the minimum lot area requirements of the applicable zone may be developed as a separate building site, according to the following:
A. Combination of Legally Nonconforming Lots. A property owner of two or more lots that are legally nonconforming as to lot area may request that the lots be combined into one larger lot, even if the resulting lot does not satisfy the existing lot area requirements in the underlying zone, as long as the director determines that the property owner has submitted sufficient evidence to demonstrate that the original lots are legally nonconforming. In addition, the lot combination shall satisfy the requirements of and be processed according to the procedures in Chapter 16.03 GHMC, with the exception of GHMC 16.03.003(B). This section does not apply in any overlay district to allow the combination of any lots created through the mixed use overlay district (MUD), a planned unit development (PUD) or planned residential district (PRD).
B. Dedication of Property to the Public. That portion of a lot remaining after dedication or sale of a portion of the lot to the city or state for street or highway purposes shall be a separate building site, as long as the area of the remaining lot is at least 3,000 square feet. (Ord. 1106 § 2, 2007).