Chapter 18.08
GENERAL AND SUPPLEMENTARY PROVISIONS

Sections:

18.08.010    Applicability.

18.08.020    Special permit uses.

18.08.030    General conditional uses.

18.08.040    Home occupations.

18.08.045    Accessory dwelling units.

18.08.050    Performance standards.

18.08.070    Animals in residential districts.

18.08.080    Parking, storage or habitation of major recreational equipment.

18.08.090    Parking or storage of inoperable vehicles.

18.08.100    Nonconforming development.

18.08.110    Reduction of lot area.

18.08.120    Irregular-shaped lots.

18.08.130    Visibility at intersections in residential districts.

18.08.140    Visibility at access points for automobiles.

18.08.150    Side yard on corner lot.

18.08.160    Accessory buildings.

18.08.165    Mailboxes.

18.08.170    Projections into required yards.

18.08.180    Structures to have access.

18.08.190    Exceptions to height regulations.

18.08.205    Temporary use regulations.

18.08.224    Same – Classifications and restrictions.

18.08.270    Adult uses.

18.08.280    Group homes class II and III.

18.08.300    Zero lot line planned development – Authorized.

18.08.310    Same – Permitted uses.

18.08.320    Same – Development standards for single-family zoning districts.

18.08.330    Same – Development standards for multifamily zoning districts.

18.08.340    Same – Platting requirements.

18.08.350    Cargo container use.

18.08.010 Applicability.

The provisions of this chapter are of general application to several or all zoning districts unless otherwise noted. (Ord. 94-06 § 2, 1994).

18.08.020 Special permit uses.

The following uses are permitted as indicated in the district regulations; 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. Developments which include multiple or combined special permit uses, such as a gasoline service station/drive-in restaurant/formula take-out food restaurant, shall be developed in accordance with all special permit conditions for all such uses.

A. Churches (Excluding Drive-In Churches, Which Are Conditional Uses).

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.

B. Nurseries and Day Care Centers.

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 ten.

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 planning department 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 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 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 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 18.05 EMC.

10. Signs. The sign regulations of Chapter 18.06 EMC 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.

D. Drive-In Restaurants.

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 department at the time of development plan review.

E. Formula take-out food restaurants may not exceed 4,000 square feet and may not occupy more than 50 percent of any building in the zone in which they are allowed. Only one formula take-out restaurant is permitted in any building. (Ord. 99-11 §§ 16, 17, 1999; Ord. 94-06 § 2, 1994).

18.08.030 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. It is also the purpose of this section to reconcile potential conflicts between public necessity of or private desire for certain uses and their possible detrimental effects on other uses. General conditional uses may be allowed in the various zoning districts following the procedures in this section. General conditional uses may have one 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 (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.

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. Drive-in churches and welfare facilities: drive-in churches, retirement homes, convalescent homes, and other welfare facilities (excluding group homes class I, II, and III as defined in EMC 18.02.173), whether privately or publicly operated, facilities for rehabilitation or correction, private clubs, fraternal lodges, etc.;

5. Duplexes; provided there shall be no more than one duplex within 250 feet of any other duplex, measured from the corner of the lot from the nearest existing permitted duplex to the nearest corner of the proposed subject lot;

6. Oversized private garages or carports, as accessory to principal residential uses; provided, that the following conditions are met, in addition to those required for all general conditional uses:

a. The lot area shall be no less than the zone minimum plus an additional area calculated as follows: sum the proposed total attached and detached garage and carport area; then subtract the area permitted by right; then divide the difference by the maximum site coverage for the zone.

b. The exterior of the building shall be of a residential character complementary to that of the principal structure on the site. (Ord. 2001-01 § 3, 2001).

18.08.040 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 300 square feet.

4. The sign regulations of Chapter 18.06 EMC 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 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.

E. Permit Required. A zoning permit is required as provided in EMC 18.09.020. (Ord. 94-06 § 2, 1994).

18.08.045 Accessory dwelling units.

A. One accessory dwelling unit is permitted as subordinate to a single-family dwelling provided the following criteria are met:

1. Either the primary residence or the accessory dwelling unit must be occupied by an owner of the property;

2. Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the primary residence structure;

3. Accessory dwelling units may not be provided with separate municipal utility services or utility accounts;

4. The total number of occupants in both the primary residence and the accessory dwelling unit combined may not exceed the maximum number established by the definition of family in EMC 18.02.135;

5. The accessory dwelling unit shall contain not less than 300 square feet and not more than 800 square feet, excluding any related garage area; provided, if the accessory unit is completely located on a single floor, the director may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

6. The square footage of the accessory dwelling unit, excluding any garage area, shall not exceed 40 percent of the total square footage of the primary residence and accessory dwelling unit combined, excluding any garage area;

7. There shall be one off-street parking space provided for the accessory dwelling unit, which is in addition to any off-street spaces required for the primary residence;

8. The construction of a second entry door facing on a street front for entrance into an accessory unit is prohibited; new entrances not facing on a street front are permitted on the sides and rear of a house, or on a front side facing on a street where no other door exists; provided, that existing single-family structures with two or more entry doors facing on a street shall not be prohibited from using one of those doors to access the accessory unit; and

9. The accessory dwelling unit shall meet all technical code standards, EMC Title 16, including building, electrical, fire, and plumbing code requirements.

B. Accessory dwelling units must be attached to the primary dwelling and shall not be permitted in structures detached from the primary residence, including but not limited to guest cottages, detached garages, or workshops.

C. A site may not contain both an accessory dwelling unit and a business subject to the regulations in EMC 18.08.040 for a home occupation.

D. Permit Required. A zoning permit is required as provided in EMC 18.09.020, and shall not be issued if there are private covenants requiring the lot to have a single-family residence.

E. Administration.

1. Accessory dwelling unit permits shall be administered by the planning director.

2. The property owner shall file a completed registration application form affirming that at least one owner will occupy the primary residence or the accessory unit and agreeing to the limits on total number of residents and other standards as provided above. The registration application shall include a requirement for mailing labels for all owners of property lying within 200 feet of the site.

3. After receipt of a complete application form and prior to approval of any accessory dwelling unit, the director shall inspect the property to confirm that minimum and maximum size limits are met, required parking is provided, design limitations regarding front entrances are met, and technical code standards are met.

4. The registration form or other form as required by the director shall be filed as a deed restriction with the Pierce County auditor’s office to indicate the presence of the accessory dwelling unit, the requirement of owner occupancy, and other standards for maintaining the unit as described above.

5. The director shall report annually to the council on accessory dwelling unit registration, number of units and distribution throughout the town, average size of units, and number and type of complaint and enforcement related actions.

6. After approval, the director shall provide notice of the registration of the accessory unit to owners of property within 200 feet of the registered site. The notice shall state that the unit complies with the standards of this section, shall describe the requirements for maintaining the unit, and shall explain how to obtain general information and how to request inspections.

7. Cancellation of the accessory unit’s registration may be accomplished by the owner filing a certificate with the director for recording at the Pierce County auditor’s office, or may occur as a result of enforcement action, based on a valuation of the requirements herein. The cancellation certificate will confirm that the residence has reverted to use as a single dwelling. (Ord. 99-23 § 4, 1999).

18.08.050 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 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 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 18.08.050.1 after applying the corrections shown in Table 18.08.050.2. 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.)

Table 18.08.050.1
Sound Pressure Levels in Decibels

Octave Band

Maximum Permitted Sound Pressure Level

(cycles per second)

(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 18.08.050.2
Correction in Maximum Permitted Sound Pressure Level in Decibels to Be Applied to Table 18.08.050.1

Type of Operation or Character of Noise

Correction in Decibels

Noise source operates less than 20 percent of any one hour period

Plus 5*

Noise source operates less than five percent of any one hour period

Plus 10*

Noise source operates less than one percent of any one hour period

Plus 15*

Noise of impulsive character (hammering, etc.)

Minus 5

Noise of periodic character (hum, screech, etc.)

Minus 5

*Apply one 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.

a. General Industrial District, M3. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond the district boundary or 500 feet from the lot line, whichever distance is shortest.

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 or ecology or other appropriate state of 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 feet from unstable soils or slopes which are delineated on the hazard area development limitations map or as may be more precisely determined in EMC 18.08.224(B);

ii. Two hundred feet from the ordinary highwater 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 in EMC 18.08.224 (B), shorelines of statewide significance, or shorelines of the state;

iii. One-quarter mile from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges;

iv. Fifty feet from any property line to serve as an on-site hazardous substance land use facility buffer zone;

v. Five hundred feet and 100 feet from a residential zone and a residential unit respectively; and

vi. Five hundred 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 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 10 feet in the hazardous substance facility buffer zone required by subsection (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 International Fire Code;

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 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. (Ord. 94-06 § 2, 1994).

18.08.070 Animals in residential districts.

Permits must be acquired for keeping the following wild animals or reptiles in a residential district: 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. Permits will only be granted if the health of the animal in captivity is not threatened, and if the safety of the surrounding residents is not threatened. Dangerous animals shall not be allowed to run at large. 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. (Ord. 94-06 § 2, 1994).

18.08.080 Parking, storage or habitation of major recreational equipment.

A. Purpose. It is the purpose of this section to outline general conditions for the storage and habitation of recreational vehicles in all zoning districts. These conditions have been designed to meet the housing goals as outlined in the town’s comprehensive plan and to protect the town’s character by restricting the storage of unsightly vehicles and by prohibiting the habitation of substandard housing within the town.

B. Applicability.

1. Recreational vehicles shall not be used as residences within the town of Eatonville, except:

a. In designated recreational vehicle parks or campgrounds; or

b. For a stay in Eatonville for a maximum of two weeks out of a 60-day period with a valid recreational vehicle temporary occupancy permit to be obtained from the planning department; or

c. As watchman’s quarters at a construction site with a valid recreational vehicle temporary occupancy permit to be obtained from the planning department.

2. Recreational vehicles shall be attached to sites only by quick disconnect type utilities and security devices, and shall have no permanent attached additions.

3. The parking or storage of more than two recreational vehicle(s) and/or the parking of unlicensed recreational vehicles shall be prohibited within required front yards within the town limits.

C. Permit Fees and Application Requirements.

1. Applicants may apply for a recreational vehicle temporary occupancy permit for use as a watchman’s quarters or for a temporary stay within the town. A recreational vehicle temporary occupancy permit shall be issued; provided, that the applicant can demonstrate to the planning director:

a. That there is reasonable need for additional job site security at a site for which a building permit or site development permit has been issued;

b. That the recreational vehicle is being used as temporary housing during a period of active construction on a permanent residence; or

c. That the applicant is using the vehicle for temporary housing while visiting town residents for a period not to exceed two weeks out of any 60-day period.

2. Permit fees are as follows:

a. Zero to 14 days: $0.00.

b. Fifteen to 50 days: $50.00.

c. Each additional 25 days or fraction thereof: $25.00.

3. Once a permit has been issued, it must be displayed on the inside of the windshield, driver’s side, while the vehicle is parked at its permitted location.

4. The form for permit applications shall be drafted by the planning or town administrator. (Ord. 2006-07 § 6, 2006; Ord. 94-06 § 2, 1994).

18.08.090 Parking or storage of inoperable vehicles.

No more than one vehicle of any kind in an inoperable condition shall be stored or parked on any residentially zoned property for more than 30 days. (Ord. 94-06 § 2, 1994).

18.08.100 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 on 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 board of adjustment, 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 January 1, 1993, 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 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 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 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 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 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 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. Board of Adjustment’s Authority. The board of adjustment 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 sign, and, in the event of conflict, the most restrictive provisions shall apply.

2. Nonconforming Lots of Record.

a. Residential Districts.

i. 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 January 1, 1994, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located.

ii. In all single-family zoning districts if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to January 1, 1994, 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.

b. Other Districts. In any other district, permitted building 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 board of adjustment. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to January 1, 1994, 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 January 1, 1993, 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 90 days. (Ord. 94-06 § 2, 1994).

18.08.110 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. (Ord. 94-06 § 2, 1994).

18.08.120 Irregular-shaped lots.

On irregular-shaped lots, the average distance from the building line to the lot line shall be no less than the minimum yard provision; provided, however, that no part of the structure shall be located so that one-half the minimum yard provision occurs at any point along such averaged alignment. (Ord. 94-06 § 2, 1994).

18.08.130 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 and 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 20 feet from the point of the intersection. (Ord. 94-06 § 2, 1994).

18.08.140 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. (Ord. 94-06 § 2, 1994).

18.08.150 Side yard on corner lot.

The side yard along a side street on a corner lot shall have a minimum yard of 10 feet, except where a larger yard may be required. (Ord. 94-06 § 2, 1994).

18.08.160 Accessory buildings.

A. An accessory building is any structure placed on a lot in addition to the principal building. Accessory buildings can include but are not limited to structures such as garages, greenhouses, guesthouses, play houses, dog/animal shelters (as allowed by town ordinances), storage buildings, crafts or hobby buildings, etc.

B. An accessory building can be located anywhere on a lot if it conforms to the setbacks required by this title for a principal building. In the rear one-half of a lot an accessory building which is larger than 120 square feet in area can be built to within eight 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 and in the case of corner lots, in which case the side yard setback requirement of the underlying zoning shall apply for the side yard adjacent to a street. In the rear one-half of a lot an accessory building which is 120 square feet in area or less can be built to within three feet of a side and rear lot line with any protuberances extending beyond the frame of the structure being considered as the edge of the structure. The only exception is in the case of corner lots, in which case the side yard setback requirement of the underlying zoning shall apply for the side yard adjacent to a street.

C. Guesthouse accessory buildings shall be located on the rear half of the building site. There shall not be more than one guesthouse on any one building site, which, together with other accessory buildings, shall not exceed 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. (Ord. 2009-09(B), 2009; Ord. 94-06 § 2, 1994).

18.08.165 Mailboxes.

A. Purpose. It is the purpose of this section to define the requirements for installation of mailboxes in the public rights-of-way and in private access easements. The requirements of this section address impacts on installation safety, aesthetics, on-street parking spaces, traffic safety, pedestrian access, and delivery efficiency.

B. Applicability.

1. Existing Homes and Businesses.

a. No resident or business shall be required to install an individual mailbox or pay for such installation if that resident or business maintains a post office box or makes other arrangements to accept mail at a location or means other than rural free delivery.

b. Any resident of or business in the delivery area shown on the postal route map may apply for a permit to install a mailbox in accordance with this section.

c. No mailbox may be installed without such a permit.

2. Development.

a. Proposed mailbox(es) or mail delivery facilities shall be shown on the development plan submitted with any building permit or other development application.

b. Development applicants shall have the option of deferring mailbox installation if a post office box or alternative mail delivery address is used, except

c. Development of a multifamily residential or multi-tenant commercial facility, for three or more households or businesses, shall include installation of a ganged mailbox, with one box for each residential unit or tenant space.

d. Development plan submittal and review shall conform to the requirements of Chapter 18.09 EMC.

3. Subdivision.

a. Each long plat subdivision application shall show proposed mailbox locations and related improvements. Documentation shall conform to the requirements of Chapter 17.20 EMC.

b. Installation details shall conform to this section.

c. Mailbox maintenance responsibilities shall be established. Any assignment of common responsibility shall conform to the requirements of Chapter 17.32 EMC. Any assignment of responsibility an individual lot or lots shall be defined on the plat and recorded on the deed of any such lot assigned mailbox maintenance responsibility.

d. Mailbox support structures, as a minimum, shall be completed or bonded prior to final plat approval. Such completion or bonding shall conform to the requirements of Chapter 17.20 EMC.

C. Mailboxes shall be of the type, number, and location approved by the town of Eatonville and the Eatonville postmaster. No structure shall be installed in the town right-of-way without a town permit and no mail shall be delivered except into a mailbox approved by the postmaster.

D. Application Form. Mailbox permit applications shall be submitted on a form provided by the town, and shall include the address(es) of the property(ies) to be served; a map showing the proposed location of the mailbox and any driveways, sidewalks, utility poles, electrical transformers, telephone or cable television pedestals within 50 feet of the proposed mailbox location; a statement that no other mailboxes are located within 200 feet of the proposed mailbox location; a statement regarding the long-term maintenance of the mailbox(es) and the signature(s) of the record owner(s) of the property(ies) to be served.

E. Fee. The mailbox permit fee shall be as set by resolution of the town council of the town of Eatonville.

F. The requirements for mailboxes, as described herein, in shall apply to ganged mailboxes and to newspaper delivery boxes, as applicable.

G. Mailboxes shall be located as follows:

1. Wherever distances between mailboxes and other features are designated by this section, such distances shall be measured along the edge of travel lane unless otherwise described.

2. General Requirements. Mailbox location shall be approved by the Eatonville postmaster, and shall be located as follows:

a. On a mail carrier route, as shown on the current postal route map.

b. On the delivery side of the street.

c. For corner lots, or lots served by alleys, mailboxes shall be located on the least trafficked street or alley.

d. Each new mailbox shall be installed at least 200 feet from any existing mailbox, except that new enclosures may be added to existing permitted mailbox installations.

e. Addition of a new enclosure, to an existing permitted mailbox installation, shall conform to the requirements for a ganged mailbox.

3. Installation Requirements.

a. A new enclosure may be added at a location with a single existing mailbox only if the installation is converted to a ganged mailbox.

b. A new mailbox may be added to an existing ganged mailbox support structure if unallocated space is available on the existing support structure. Those desiring to add their mailbox to an existing support structure shall obtain the approval of the owners of such support structure.

c. Mailbox bottom or base shall be 36 inches above road surface.

d. Mailboxes in alleys shall be located with the back of the mailbox six inches from the edge of right-of-way.

e. Mailboxes on local streets, collectors, and minor arterials, and in access easements, shall be located with the front of mailbox one foot behind vertical curb face or outside edge of shoulder; six inches behind back edge of rolled curbs.

f. Mailboxes should not be installed on major arterial highways and shall not be installed on a major arterial highway unless the planning director determines that no alternative location is practical.

g. Mailboxes and ganged mailboxes shall be installed with the near edge at least six feet but no more than 15 feet from the edge of an existing driveway, except where the planning director determines that such a location is not practical.

h. Mailboxes shall be installed at least 30 feet from any fire hydrant.

i. Mailboxes shall be installed at least 20 feet from any pad-mounted transformer.

j. Mailboxes shall be installed at least 10 feet from any utility pole.

k. Mailboxes shall be installed at least 10 feet from any telephone or cable television pedestal.

l. Mailbox support structures shall be installed at least three feet from any underground utility line or structure, as measured perpendicular to the underground utility line or structure.

H. Mailbox Support Structures.

1. Single mailbox support structures shall be strong enough to give firm support, but not to exceed four-by-four-inch wood or one and one-half inch diameter pipe, or material with comparable breakaway characteristics.

2. Ganged mailbox support structures shall be prefabricated one and one-half inch diameter pipe, in accordance with standard details, or a multi-compartment structure obtained from the United States Postal Service.

I. Maintenance of Pedestrian Access.

1. No mailbox shall be installed on-line with a private sidewalk, such as may lead to the front door of a residence. Mailboxes shall be offset at least four feet from the edge of such a sidewalk, to allow unobstructed access from such a sidewalk to the street.

2. For each mailbox installed on the same side of the street as a sidewalk or street shoulder open to pedestrian traffic, the sidewalk or pedestrian travelway shall be maintained with a width of at least five feet.

a. Where a mailbox is installed in a sidewalk, the sidewalk shall be widened, with 10-to-one (10:1) tapers, to provide a minimum width of five feet behind the mailbox.

b. Where a mailbox is installed in or abutting a street shoulder open to pedestrian traffic, a smooth graded pathway, at least five feet wide, shall be provided behind the mailbox. Such a pedestrian pathway may be surfaced with gravel, paving, or lawn.

J. Coordination.

1. No single mailbox support may be installed in a location with potential ganged mailbox partners unless such partners have signed a written statement of no interest. That is, an application for mailbox permit shall require signatures of all property owners or businesses within 100 feet of the proposed installation, as measured along the edge of road, regardless of whether or not such property owners intend to participate in a ganged mailbox installation. Signatures on file, from previous applications, will be accepted for a period of two years;

2. Notices sent by certified U.S. Mail, return receipt requested, to the property owners, in accordance with current tax records, shall be deemed adequate;

3. A failure to respond within three weeks (21 calendar days), to a notice of a pending mailbox permit application, shall be deemed an absence of objection to such a mailbox permit; except that

4. No mailbox shall be located in the public right-of-way in front of an individual property, without the explicit written permission of that property owner; except that

5. An existing mailbox installation may be converted to a ganged mailbox installation, at the expense of the individual proposing the conversion, without the explicit permission of the owner of the original mailbox installation; and

6. No citizen shall be deprived of his or her right to install a mailbox, in accordance with all requirements of this section, due to the objections of a neighbor.

a. If a citizen’s property is encumbered with fire hydrants, transformers, or other physical constraints, then the planning director shall have the right to permit mailbox installation elsewhere in the public right-of-way, regardless of neighbors’ objections.

b. Citizen objections to shared ownership or occupancy of a ganged mailbox or support structure shall not be grounds for denial of a permit to locate or occupy such a structure. If an applicant is, under the mailbox separation requirements of this section, most efficiently served by such a shared ownership or occupancy, then such applicant shall have the right to use unallocated space on an existing ganged mailbox support, subject to the maintenance responsibilities agreed by existing users.

7. An individual property owner shall be designated as the point of contact for maintenance of each ganged mailbox support structure. Notice duly given to designated contact person shall be considered adequate noted to all users of the ganged mailbox structure.

K. Labeling.

1. Each mailbox shall be labeled with the house number of the mailbox user.

2. Street name shall also be provided on any mailbox located on a cross street, alley, or any other location other than the street on which the user’s house is addressed.

3. Label lettering shall be at least one inch high.

L. Maintenance.

1. Owners’ responsibilities and the enforcement thereof:

a. Mailboxes shall be maintained in good working order.

b. Mailbox supports shall be maintained plumb, with minimal play.

c. Mailbox owners shall correct any defects within one calendar week of written notice from the town.

d. The town shall have the right to remove any mailbox which remains in poor repair after one week’s due notice.

e. No permit shall be required for replacement of an existing mailbox or ganged mailbox with a new mailbox or ganged mailbox installation in the same location. Any such replacement shall comply with the town’s current standard specifications and details.

2. Town Responsibilities.

a. The town, and any other utility company, road construction contractor, or other entity permitted to build and maintain facilities in the public right-of-way, shall maintain mailboxes, and access thereto, during activities in the public right-of-way.

b. Any temporary or permanent obstruction, removal, or replacement of any mailbox shall be coordinated with the Eatonville postmaster and the town.

c. Any replacement of mailboxes associated with such construction shall be of the same or better quality, as determined by the town.

d. Mailbox owners shall be entitled to replacement of any mailboxes removed for utility or road construction, with standard units installed in accordance with the standard details.

e. Reproduction of custom features shall not be required. (Ord. 98-07 § 13, 1998).

18.08.170 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 feet into any required yard. (Ord. 94-06 § 2, 1994).

18.08.180 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. (Ord. 94-06 § 2, 1994).

18.08.190 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 50 feet of any lot line. Town-owned elevated reservoirs, water tanks, or police training towers and standpipes are exempt from height restrictions. (Ord. 94-06 § 2, 1994).

18.08.205 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 by 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 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 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 shall be required;

11. 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;

12. Fund-raising car washes. No permit is required;

13. The board of adjustment 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. 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 more or remove from availability more than 25 percent of the spaces required for the permanent use, except in the downtown commercial 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 18.05 EMC, 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:

a. When authorized by the commission, a temporary use may operate an additional 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 additional year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section.

6. All signs shall comply with the requirements of Chapter 18.06 EMC, 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 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 Tacoma-Pierce County health department.

D. Application and Authorization.

1. Application to conduct a temporary use shall be made to the planning department, 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 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. 94-06 § 2, 1994).

18.08.224 Same – Classifications and restrictions.

A. Classification Categories and Restrictions on Lot Coverage. Classification categories and restrictions on lot coverage relative to hazard areas, from least to most restrictive, are as follows:

Classification

Maximum Amount of Impervious
Surfaces Allowed (percent)

1. Low Hazard Areas. In low hazard areas, the maximum amount of impervious surface allowed on each lot is 30 percent. Low hazard areas are defined as lands where the following conditions exist:

 

a. Slopes 15 percent to 25 percent together with class 3 seismic hazard and class 2 erosion hazard area; or

30

b. Slopes 15 percent to 25 percent together with class 2 slide and slippage and class 3 erosion hazard area; or

30

c. Slopes 15 percent to 25 percent together with class 2 seismic and class 3 erosion hazard area; or

30

d. Seventy-five to 150 feet from the top of a ravine in which a major or minor stream passes through; or

30

e. Thirty to 50 feet from the ordinary high-water mark of a lake.

30

2. Moderate Hazard Areas. In moderate hazard areas, the maximum amount of impervious surface allowed on each lot is 10 percent. Moderate hazard areas are defined as those lands where the following conditions exist: zero to 30 feet from the ordinary high water mark of a lake.

10

3. High Hazard Areas. In high hazard areas, the maximum impervious surface allowed on each lot is two percent.

High hazard areas are defined as those lands where the following conditions exist:

 

a. Slopes 15 percent to 25 percent together with class 2 slide and slippage and class 3 seismic hazard, and class 3 erosion hazard area; or

2

b. Slopes 15 percent to 25 percent together with class 3 slide and slippage and class 3 erosion hazard area; or

2

c. Slopes 25 percent to 40 percent together with class 3 seismic and class 3 erosion hazard area; or

2

d. Slopes 25 percent to 40 percent together with class 3 erosion hazard area.

2

4. Severe Hazard Areas. In severe hazard areas, the maximum amount of impervious surface allowed on each lot is zero percent. Severe hazard areas are defined as those lands where the following conditions exist:

 

a. Slopes 40 percent and over; or

0

b. Slopes 25 percent to 40 percent together with class 3 slide and slippage, class 3 seismic hazard, and class 3 erosion hazard area; or

0

c. All ravines; or

0

d. Seventy-five-foot setback from the top of any ravine. The top of a ravine is where the slope is generally less than 15 percent; or

0

e. Fifty-foot setback from the ordinary high-water mark of any major creek; or

0

f. Twenty-five-foot setback from the ordinary high-water mark of any minor creek; or

0

g. Ten-foot setback from the top of any drainage ditch; or

0

h. All wetlands as defined in the wetlands ordinance.

0

B. Determination of Precise Location of Hazard Areas.

1. The hazard area development limitations map adopted by this section is based upon the most accurate data available at the time of preparation.

2. To more accurately determine the location of hazard areas, the town may require additional information with development proposals, including but not limited to, a survey of the area. The hazard area map shall be corrected by planning and public works departments based upon more recent and accurate information accepted by such departments.

C. Relocation of a Major or Minor Creek.

1. Where a proposed development could interfere with the natural flow of a major or minor creek, a site specific plan, referred to in this section as a stream plan, drawn to scale, shall be prepared, which indicates how the development will retain the stream in its natural state and location, how the development will be constructed in relation to the stream, and how the development will be constructed in relation to required storm drainage regulations.

2. A stream plan shall be submitted to the town planning department for its review prior to the issuance of any permit, including zoning, building, grading, storm drainage or hydraulics.

3. The planning department shall review the stream plan in relation to the proposed development plan and make a determination that the plan does protect the integrity of the major or minor creek.

4. The planning department may cause a modification of the development plan to ensure that the integrity of the major or minor creek is in fact retained.

5. Any authorization for changing the course of a major or minor creek or for working in a major or minor creek shall follow the guidelines and recommendations of the state department of fisheries and game.

6. Setbacks from a relocated major creek shall be determined as set forth in the sensitive areas ordinance.

D. Exceptions.

1. All Hazard Areas. The planning director shall have the authority to waive specific requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the state purpose of this chapter and to allow for flexibility and innovation of design. Special circumstances or unique conditions shall be reviewed with the planning director prior to submittal of the development plan. Examples of special circumstances might include:

a. Preservation of unique wildlife habitat;

b. Preservation of natural or native areas;

c. Compliance with special easements;

d. Unique site uses.

2. Vehicular and Pedestrian Access. In situations where vehicular or pedestrian access cannot reasonably be provided by avoiding identified watercourses, then such access shall be allowed in the form of a vehicular or pedestrian bridge. Construction of any bridge shall be subject to the approval of the public works department regarding storm drainage and hydraulics, and guidelines and recommendations of the state department of fisheries and game. (Ord. 94-06 § 2, 1994).

18.08.270 Adult uses.

A. Adult uses, as defined in EMC 18.02.008, 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 200 feet of any residential zone or any single- or multiple-family residential use;

2. Within 500 feet of any public or private school;

3. Within 500 feet of any church or other religious facility or institution;

4. Within 500 feet of any public park;

5. Within 500 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. (Ord. 94-06 § 2, 1994).

18.08.280 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 EMC 18.02.173, 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 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 property or parcel or the land use district boundary line from which the proposed use is to be separated.

C. Separation Requirements. A 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 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. (Ord. 94-06 § 2, 1994).

18.08.300 Zero lot line planned development – Authorized.

Zero lot line planned development may be permitted in the following zoning districts with conditional use approved by the board of adjustment:

A. All single-family residential;

B. All duplex multifamily residential;

C. Garden density multifamily residential. (Ord. 94-06 § 2, 1994).

18.08.310 Same – Permitted uses.

Uses permitted in zero lot line developments shall be as outlined in the underlying zoning district. (Ord. 94-06 § 2, 1994).

18.08.320 Same – Development standards for single-family zoning districts.

Zero lot line development standards for single-family zoning districts are as follows:

A. Minimum Site Area. Minimum site area is five acres.

B. Minimum Lot. Minimum lot size is 3,600 square feet.

C. Maximum Site Coverage. Maximum site coverage is 50 percent.

D. Density. The density of the zero lot line development shall not exceed the density of the underlying zoning district.

E. Minimum Yard Requirements. Minimum yard requirements are as follows:

1. Front (dwelling): 25 feet;

2. Front (garage): 20 feet;

3. Rear: 8 feet; 2 feet if there is an alley;

4. One side: zero feet;

5. Other side (dwelling): 15 feet;

6. Other side (garage): 5 feet.

F. Distance Between Dwellings. Minimum distance between dwellings is 15 feet.

G. Height Limitation. The height limitation is two stories, not to exceed 28 feet.

H. Openings Prohibited on Zero Lot Line Side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. The wall shall be constructed of the same material as exterior walls of the unit. Opaque openings or high-level windows above eight feet in height shall be allowed. There is no restriction on openings where a wall is located on a zero lot line facing open space.

I. Open Space. Each zero lot line development shall provide not less than 25 percent of the gross land area for common open space, which shall be:

1. Concentrated in large areas and designed to provide either passive or active recreation;

2. Owned and maintained as follows:

a. If under one ownership, owned and maintained by the ownership;

b. Held in common ownership by all the owners of the development by means of a homeowners’ association. Such homeowners’ association shall be responsible for maintenance of the common open space. If such open space is not maintained in a reasonable manner, the town shall have the right to provide for the maintenance thereof and bill the homeowners’ association accordingly;

c. Dedicated for public use if accepted by the town legislative authority or other appropriate public agency.

J. Perimeter Buffer. A 10-foot minimum width buffer strip is required on all boundaries of the development. A 100 percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The 10-foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a homeowners’ association. The buffer strip required in this subsection (J) may be a credit against the open space requirements of subsection (I) of this section.

K. Walls. There shall be no contiguous walls between units.

L. Storage of Recreational Vehicles. The storage or parking of recreational vehicles shall be prohibited within a zero lot line development. (Ord. 94-06 § 2, 1994).

18.08.330 Same – Development standards for multifamily zoning districts.

Zero lot line development zoning districts are as follows:

A. Minimum Site Area. Minimum site area is five acres.

B. Minimum Lot Size. Minimum lot size is 3,000 square feet.

C. Maximum Site Coverage. Maximum site coverage is 50 percent.

D. Density. The density of the zero lot line development shall not exceed the density of the underlying zoning district.

E. Minimum Yard Requirements. Minimum yard requirements are as follows:

1. Front (dwelling): 25 feet;

2. Front (garage): 20 feet;

3. Rear: 10 feet;

4. One side: zero feet;

5. Other side (dwelling): 15 feet;

6. Other side (garage): 5 feet.

F. Distance Between Dwellings. Minimum distance between dwellings is 15 feet.

G. Height Limitation. The height limitation is two stories, not to exceed 35 feet.

H. Openings Prohibited on Zero Lot Line Side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. The wall shall be constructed of the same material as exterior walls of the unit. Opaque openings or high-level windows above eight feet in height shall be allowed. There is no restriction on openings where a wall is located on a zero lot line facing open space.

I. Open Space. Each zero lot line development shall provide not less than 20 percent of the gross land area for common open space, which shall be:

1. Concentrated in large areas and designed to provide either passive or active recreation;

2. Owned and maintained as follows:

a. If under one ownership, owned and maintained by the ownership;

b. Held in common ownership by all the owners of the development by means of a homeowners’ association. Such homeowners’ association shall be responsible for maintenance of the common open space. If such open space is not maintained in a reasonable manner, the town shall have the right to provide for the maintenance thereof and bill the homeowners’ association accordingly; or

c. Dedicated for public use if accepted by the town legislative authority or other appropriate public agency.

J. Perimeter Buffer. A 10-foot minimum width buffer strip is required on all boundaries of the development. A 100 percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The 10-foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a homeowners’ association. The buffer strip required in this subsection (J) may be a credit against the open space requirements of subsection (I) of this section.

K. Walls. One wall may be contiguous between buildings.

L. Storage of Recreational Vehicles. The storage or parking of recreational vehicles shall be prohibited within a zero lot line development. (Ord. 94-06 § 2, 1994).

18.08.340 Same – Platting requirements.

Zero lot line subdivisions are subject to the procedures outlined in the town subdivision code regarding zero lot line subdivisions. (Ord. 94-06 § 2, 1994).

18.08.350 Cargo container use.

For the purposes of this chapter, the “transport of freight” shall be defined as being loaded onto a vehicle and moved off site at least once every 48 hours. Cargo containers shall not be used within the town except for the transport of freight or when used for temporary storage at sites for which a valid and unexpired building or site development permit has been issued. (Ord. 2006-08 § 2, 2006).