Chapter 15.12 ZONING ORDINANCE

This chapter and maps adopted pursuant hereto shall be known as, and be cited and referred to as, the “Puyallup Tribe of Indians Zoning Ordinance” in accordance with and exercising the authority of the sovereign rights as the aboriginal owners and guardians of their land and waters as reaffirmed in the “Medicine Creek Treaty,” and the “Constitution and Bylaws” of the Puyallup Tribe of Indians as amended and approved by the Tribe and Assistant Secretary of the Interior. [Res. 270197B (01/27/97) § 1.01]

15.12.020 Purpose.

To safeguard and promote the peace, safety, morals and general welfare of the Puyallup Reservation and its people without regard to race, color, creed, sex, or national origin; to ensure the development of land located therein through orderly growth and maximum use as set forth in the Comprehensive Land Use Plan; and to protect and enhance natural beauty and resources. [Res. 270197B (01/27/97) § 1.02]

Subchapter 2. Definitions

15.12.030 Certain terms defined.

For the purpose of this chapter, certain terms or words used herein are defined as follows:

All words used in the present tense include the future tense and all words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicated otherwise. The word “lot” includes the word “plot” or “parcel”; the word “building” includes the word “structure”; the word “shall” is mandatory and not discretionary. Unless otherwise specified, all distances shall be measured horizontally. The word “Tribe” means the Puyallup Tribe of Indians in the state of Washington. The word “Council” means the Puyallup Tribal Council, governing body of the Puyallup Tribe of Indians. [Amended during 2010 recodification; Res. 270197B (01/27/97) § 2.01]

15.12.040 Definitions.

(a) “Abandonment” means the actual cessation of a “nonconforming use” coupled with the intent not to put the premises again to the same use. Proof of said intent not to abandon must be clearly inferable from existing facts.

(b) “Accessory building” means a subordinate building which is incidental to the principal building on the same lot.

(d) “Agriculture” means the use of land for agricultural purposes, includes farming, dairying, pasturage, grazing land, animal and poultry husbandry, feed lots, and includes the necessary accessory uses for packing, treating, storing or shipping of products. Raising and harvesting of timber is also included.

(e) “Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether publicly or privately owned and operated, and which is designed or used either by public carriers or by providing aircraft for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

(f) “Alley” means a passage or way, open to public travel, and dedicated to public use, affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

(g) “Animals” means domesticated animals kept either as farmstead animals for profit or household pets, but does not include game animals or animals used in religious observance, for purposes of this chapter.

(h) “Applicant” shall mean a person or entity who has applied for a permit under the requirements of this chapter.

(i) “Arterial” means a street designed to provide for large volumes of through traffic movement between areas and across the urban area, direct access to abutting property, subject to necessary control of entrances, exits and curb use.

(j) “Building” means any structure having a roof, designed for shelter of persons, animals or property.

(k) Building Height. The height of a building is the vertical distance from the established grade to the highest point on the roof or parapet wall.

(l) “Building permit” means an official document or certificate issued by the Land Use Office authorizing the erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion or demolition of any structure within the Planning Area.

(m) “Bulkhead” means structures erected parallel to and near the high water mark for the purpose of protecting adjacent uplands from the action of waves or currents.

(n) “Commercial use” means the providing of goods or services for compensation.

(o) “Comprehensive Plan” means the Puyallup Comprehensive Plan, also known and referred to as the Puyallup Consolidation Area, as it now exists or may hereinafter be amended.

(p) “Conditional use” means a use permitted in a zone only after review by the Land Use Office and the granting of a conditional use permit imposing such performance standards, conditions and mitigation requirements as are determined to be appropriate under the authority of this chapter.

(q) “Cultural activities” means those activities which have historically occurred on the Puyallup Reservation and are important to the continuance of the Puyallup Tribe’s identity and culture.

(r) “Culturally significant lands” means property that is identified as having spiritual, ceremonial, ancestral, archaeological, historical and cultural value to the Puyallup Tribe.

(s) “Dock” or “pier” means a structure extending into the water from the shore, the purpose of which is to moor vessels and which is permanently attached to the bottom by means of piling or floating by means of flotation.

(t) “Duplex” means a building containing two living units designed or used as a residence for two families.

(u) “Dwelling” means a building which is designed or used as a single-family or multiple-family residence by the occupants.

(v) “Dwelling, multifamily” means a building designed or used as a residence for three or more families.

(w) “Dwelling, single-family” means a building designed or used as a residence for one and only one family.

(x) “Dwelling unit” means a building or portion thereof designed or used for occupancy by a single family.

(y) “Excavation” means the removal of natural earth material from its original location.

(z) “Family” means two or more persons related by blood, marriage or adoption, or a group of not more than six persons, not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

(aa) “Filling” means the depositing of any material on a site which raises the surface elevation of land or bed of a body of water or stream above its original natural elevation.

(bb) “Garage” means a sheltered or enclosed accessory space intended for the storage of motor vehicles or boats of the residents on the premises including carports.

(cc) “Government facilities” means any facilities operated or used by a government entity or public utility for a public or Tribal purpose including buildings and structures which are used for cultural activities.

(dd) “Home occupation” means an occupation carried on within a dwelling or building accessory to a residence by members of the family dwelling therein, under the conditions and in accordance with the requirements of Section (RESERVED).

(ee) “Hydric soil” means a soil that in its undrained condition is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic (wetland) vegetation.

(ff) “Hydrophytic vegetation” means plants adapted to live in a wetland.

(gg) “Interpretive facilities” means any facilities providing information to the public about a site or place including its natural environment, culture, or history.

(hh) “Lake” means a year-round open body of water at least two acres in size, which supports wildlife, fish species, and other aquatic life forms.

(ii) “Lot” means a platted parcel or tract of land that meets the setback, width, open space, and access requirements of this chapter.

(jj) “Lot area” means the total horizontal area within the lot lines.

(kk) “Lot, corner” means a lot situated at the intersection of two streets, private access easements or planned streets; provided, that the angle of the streets does not exceed 135 degrees.

(ll) “Lot, coverage” means that portion of the total lot area that may be covered by principal and accessory buildings.

(mm) “Lot line, front” means the lot line separating the lot from any street and right-of-way. In the case of a “panhandle lot,” the front lot line shall be defined by the Land Use Office.

(nn) “Lot line, rear” means the lot line opposite and most distant from the front lot line.

(oo) “Lot line, side” means any lot line not located at the front or rear of the lot.

(pp) “Lot width” means the dimension of the lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line.

(qq) “Nonconforming use” means a use which lawfully occupied a building or land at the time this chapter became effective and which does not conform with the use regulations of the district in which it is located, as provided by this chapter and any amendment hereto.

(rr) “Parking space” means a space on a lot within or without a building exclusive of access drives at least eight and one-half by 18 feet used to park a vehicle and having access to a public street or alley.

(ss) “Planning Commission” means the Puyallup Tribe Planning Commission.

(tt) “Principal use” means the primary or predominant use to which the lot or building is or may be devoted, to which all other uses are accessory.

(uu) “Public utility facility” means a facility for use by a private corporation performing a public service and subject to special governmental regulations, or a governmental agency performing a similar public service, the services by either of which are paid for directly by individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, sewer, solid waste services and transportation of persons and freight.

(vv) “Sign, off-premises” means a sign and/or graphics located upon a structure which is used for the display of outdoor advertising and/or for the purpose of identifying a business or use of a premises which is not located on the same property as the sign.

(ww) “Sign, on-premises” means a sign and/or graphics located upon a structure which is used to advertise and/or identify a business which is located on the same property as the sign.

(xx) “Stream” or “creek” means a flowing body of water, perennial or intermittent, providing habitat for wildlife, fish species, and other aquatic life forms.

(yy) “Structure” means any manmade assemblage of materials extending above and/or below the surface of the earth and attached thereto.

(zz) “Subdivision” means the division or redivision of land into two or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership.

(aaa) “Use” means the purpose land or a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

(bbb) “Variance” means an adjustment made in the application of the specific regulations of this chapter to a particular piece of property, where the criteria, requirements and conditions of PTC 15.12.410(c) are satisfied.

(ccc) Wetland. Reserved.

(ddd) “Yard” means an open space on a lot or parcel which is required by this chapter to be unoccupied by buildings.

(eee) “Zone” means an area of the Puyallup Indian Reservation accurately defined as to boundaries and location, and classified by the zoning code as available for certain types of uses and within which other types of uses are excluded. [Res. 270197B (01/27/97) § 2.02]

15.12.050 Puyallup Planning Commission.

(a) The Puyallup Planning Commission is hereby established and the same shall consist of five members with two alternates, all of whom shall be Tribal members and appointed by the Puyallup Tribal Council. Puyallup Planning Commission members shall serve at the pleasure of the Tribal Council, which retains the right to remove and/or replace any Planning Commission member.

(b) The Puyallup Tribal Council shall appoint two of the Puyallup Planning Commission members to serve a term of one year and shall appoint the remaining three of the Puyallup Planning Commission members to serve a term of two years. Puyallup Planning Commission members selected after the establishment of the initial Commission will be appointed to serve a term of two years.

(c) The Puyallup Tribal Council shall designate one of the appointed Planning Commission members to serve as Chairperson for an initial period of one year.

(d) The Puyallup Planning Commission shall adopt rules for the orderly and reasonable calling and conduct of its meetings and affairs. All members shall have a vote on all issues.

(e) The Land Use and Trust Services Director shall act as staff to the Puyallup Planning Commission.

(f) The Land Use and Trust Services Director shall provide a monthly report to the Puyallup Planning Commission summarizing all activities conducted in the Land Use Office.

(g) The Puyallup Planning Commission shall conduct a twice yearly review of all activities and accomplishments of the Land Use Office to be shared with the Tribal membership and Tribal Council. [Res. 250506B (05/25/06); Res. 270197B (01/27/97) § 2.03]

Subchapter 3. Zoning Districts

15.12.060 Intent.

The purpose of this subchapter is to establish district classifications for all lands which exist within the boundaries of the Puyallup Reservation as defined by the Plat Map of the 1873 Survey conducted by the United States General Land Office and filed in 1874 and the Puyallup Land Claims Settlement Act of 1989, PL 101-41. It is also the purpose of this subchapter to foster the orderly physical development of the Reservation in harmony with the social and economic needs of all persons through development and implementation of the Puyallup Tribe of Indians Zoning Ordinance and Official Zoning Map. In order to achieve the intent of this subchapter, all zoning districts shall be established in substantial compliance with the Puyallup Tribe of Indians Comprehensive Land Use Plan. [Res. 270197B (01/27/97) § 3.01]

15.12.070 Establishment of districts.

In order to carry out the intent or purpose of this subchapter, the following districts are hereby established with the general purposes listed below and the specifically permitted uses tabulated in PTC 15.12.080 through 15.12.210.

(a) RSFR – Rural Single-Family Residential. A transitional residential district to provide for estate-type residential development and for the performance of limited agricultural activities. This district would normally be located in rural areas and serve as a buffer between urban and unlimited agricultural uses. These areas are generally beyond the service area of city sewer and water facilities.

(b) SFR – Single-Family Residential. A residential district to provide areas for urban single-family development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities.

(c) MFR – Multiple-Family Residential. A residential district to provide areas for urban multiple-family development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will require all public utilities.

(d) NC – Neighborhood Commercial. A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts and primarily serve the daily needs of the surrounding residential populations.

(e) GC – General Commercial. A business district to provide areas for the development of community shopping areas, to serve the range of a number of neighborhoods to a major segment of the Planning Area.

(f) FC – Freeway Commercial. A business district to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities.

(g) LI – Light Industrial. An industrial district to provide areas for those industrial uses that typically do not create objectionable characteristics such as dirt, noise, glare, heat, odor, smoke, etc., which extend beyond the lot lines. Light industrial uses would include light manufacturing, processing, fabrication and assembling of products or materials, warehousing and storage and transportation facilities.

(h) HI – Heavy Industrial. An industrial district to provide areas for heavy manufacturing, processing, fabrication and assembling of products or materials.

(i) PLI – Public Lands and Institutions. A public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks and open spaces, etc.

(j) SH – Shoreline. A district to provide protection for the water and near shore resources. A district which may allow for limited development when it can be determined that the development is consistent with the needs of the environment and that development preserves the Tribe’s right to access the shoreline areas.

(k) TL – Tidelands. A district to provide protection for tidelands and near tidelands resources. A district intended to protect and enhance the natural processes of tidelands ecology.

(l) HCS – Historical, Cultural and Other Significant Lands. A district to provide protection for historical, cultural and other significant areas which are of importance to the Puyallup Tribe of Indians.

(m) A – Agriculture. A district to provide areas for commercial agricultural development.

(n) FWS – Forest, Wetland and Other Significant Resource Lands. A district to provide protection for areas of undeveloped forest, wetlands and other significant resource lands. [Res. 270197B (01/27/97) § 3.02]

15.12.080 Rural single-family residential district – Bulk, dimensional and general requirements.

(a) Intent. A transitional and residential district to provide for estate-type residential development and for the performance of limited agricultural activities. This district would normally be located in rural areas and serve as a buffer between urban and unlimited agricultural uses. These areas are generally beyond the service area of city sewer and water facilities.

(b) Permitted Uses. The following uses are permitted and development activities shall be permitted, subject to the issuance of a permit as required by the adopted Puyallup Permit and Procedure Code (Chapter 15.16 PTC):

(1) One single-family dwelling;

(2) Churches;

(3) Public utility facilities;

(4) Schools;

(5) Home occupation;

(6) Accessory buildings customarily associated with the above uses.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided for in PTC 15.12.390:

(1) Livestock, small animals, and poultry on parcels larger than two acres.

(2) Firework sales.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 10 feet.

(2) Side Yard. There shall be a side yard which has a depth of not less than five feet.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 10 feet. [Res. 270197B (01/27/97) § 3.03.01]

15.12.090 Single-family residential district – Bulk, dimensional and general requirements.

(a) Intent. A residential district to provide areas for urban single-family development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities.

(b) Permitted Uses. The following uses are permitted, and development activities shall be permitted, subject to the issuance of a permit as required by the adopted Puyallup Permit and Procedure Code (Chapter 15.16 PTC):

(1) One single-family dwelling.

(2) Churches.

(3) Schools.

(4) Home occupation.

(5) Accessory buildings customarily associated with the above uses.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided for in PTC 15.12.390:

(1) Public utility facilities.

(2) Firework sales.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 10 feet.

(2) Side Yard. There shall be a side yard which has a depth of not less than five feet.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 10 feet. [Res. 270197B (01/27/97) § 3.03.02]

15.12.100 Multiple-family residential district – Bulk, dimensional and general requirements.

(a) Intent. A residential district to provide areas for urban multiple-family development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will require all public utilities.

(1) Single-family dwellings.

(2) Churches.

(3) Schools.

(4) Home occupation.

(5) Multifamily structures containing no more than four dwelling units.

(6) Public utility structures.

(7) Accessory buildings customarily associated with the above uses.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided for in PTC 15.12.390:

(1) Hospitals.

(2) Libraries.

(3) Medical and dental clinics.

(4) Public parking areas.

(5) Banks and savings and loan associations.

(6) Fraternity and sorority houses.

(7) Multifamily structures containing more than four dwelling units.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 10 feet.

(2) Side Yard. There shall be a side yard which has a depth of not less than five feet.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 10 feet. [Res. 270197B (01/27/97) § 3.03.03]

15.12.110 Neighborhood commercial district – Bulk, dimensional and general requirements.

(a) Intent. A business district to provide certain commercial and professional offices uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts and primarily serve the daily needs of the surrounding residential populations.

(1) Multifamily structures containing more than four dwelling units;

(2) Hospitals;

(3) Libraries;

(4) Medical and dental clinics;

(5) Public parking areas;

(6) Banks and savings and loan associations;

(7) Antique shops;

(8) Automobile service stations;

(9) Bakeries;

(10) Barber shops and beauty shops;

(11) Business and professional offices;

(12) Drug stores;

(13) Retail stores, less than 3,000 square feet;

(14) Garden supply shops;

(15) Clothes and cleaning agency;

(16) Laundromat;

(17) Locksmiths;

(18) Meat markets;

(19) Newsstands;

(20) Dry goods stores;

(21) Paint and wallpaper stores;

(22) Post office branch;

(23) Restaurants and cafeterias;

(24) Shoe stores or shoe repair shops;

(25) Stationery and book store;

(26) On-premises signs.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided for in PTC 15.12.390:

(1) Retail stores, greater than 3,000 square feet.

(2) Neighborhood shopping center.

(3) Bingo establishments.

(4) Off-premises directional signs.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard shall be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard shall be required.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 30 feet from an established residential district, otherwise no rear yard shall be required. [Res. 270197B (01/27/97) § 3.03.04]

15.12.120 General commercial district – Bulk, dimensional and general requirements.

(a) Intent. A business district to provide areas for the development of community shopping areas, to serve the range of a number of neighborhoods to a major segment of the Planning Area.

(1) All uses permitted in the NC neighborhood commercial district with the exception of multifamily dwelling units which will be allowed as a conditional use.

(2) Car wash facility.

(3) Blueprinting and photostatting.

(4) Bowling alleys.

(5) Department stores.

(6) Food or grocery stores.

(7) Automobile repair garage.

(8) Health club facility.

(9) Jewelry stores.

(10) Liquor stores.

(11) Millinery shops.

(12) Pet stores.

(13) Radio and television repair shops.

(14) Retail stores, greater than 3,000 square feet.

(15) Taverns.

(16) Theaters.

(17) Trade schools.

(18) On-premises signs.

(19) Bingo establishments.

(c) Conditional Use. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided for in PTC 15.12.390:

(1) Multifamily structures containing more than four dwelling units.

(2) Regional shopping center.

(3) Wholesale businesses.

(4) Outdoor storage and/or display.

(5) Tribal casino/gaming facility.

(6) Off-premises directional signs.

(7) Off-premises billboard signs.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard shall be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard shall be required.

15.12.130 Freeway commercial district – Bulk, dimensional and general requirements.

(a) Intent. A business district to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities.

(1) All uses permitted in the GC general commercial district.

(2) Regional shopping center.

(3) Wholesale businesses.

(4) Outdoor storage and/or display.

(5) Ambulance service.

(6) Frozen food and/or cold storage lockers.

(7) Furniture repair.

(8) Automobile body repair shops.

(9) Mortuaries.

(10) Paint shop.

(11) Parcel service delivery.

(12) Printing establishment.

(13) Plumbing shops.

(14) Saw and filing shop.

(15) Upholstery shop.

(16) On-premises signs.

(17) Off-premises billboard signs.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Warehousing;

(2) Lumber yards;

(3) Veterinary hospitals;

(4) Manufacturing and/or assembly work all carried on within an enclosed building;

(5) Tribal casino/gaming facility;

(6) Off-premises directional signs;

(7) Adult entertainment establishment.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 20 feet from an established residential district, otherwise no front yard shall be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard shall be required.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 20 feet from an established residential district, otherwise no rear yard shall be required. [Res. 270197B (01/27/97) § 3.03.06]

15.12.140 Light industrial district – Bulk, dimensional and general requirements.

(a) Intent. An industrial district to provide areas for those industrial uses that typically do not create objectionable characteristics such as dirt, noise, glare, heat, odor, smoke, etc., which extend beyond the lot lines. Light industrial uses would include light manufacturing, processing, fabrication and assembling of products or materials, warehousing and storage and transportation facilities.

(1) All commercial uses permitted in the FC freeway commercial district.

(2) Art glass works and ceramics manufacture.

(3) Assembling, rebuilding, repair and maintenance of automobiles, motorcycles, trucks and farm vehicles including painting and upholstering.

(4) Battery assembling.

(5) Blacksmith shop.

(6) Bottling works and manufacture of soft drinks and beer.

(7) Canning and manufacture of food products, bakery goods, candy, and confections, but excluding meat, fish, vinegar, sauerkraut, yeast, and the rendering or preparation of oils and fats.

(8) Tobacco product manufacture.

(9) Cleaning, dyeing, and pressing of clothing and rugs.

(10) Cosmetics, drugs, pharmaceutical products, perfume, and toiletries manufacture.

(11) Electric appliances and equipment assembling, repair, and maintenance, including the manufacture of parts and electric signs.

(12) Tire recapping and vulcanizing establishments.

(13) Machine shop, plumbing shop, sheet metal works and the assembling of light machinery, toys, and mechanical equipment, including the manufacture of parts and electric signs.

(14) Manufacture of objects made by the assembling of materials that have been prepared elsewhere.

(15) Mirror works.

(16) Poultry and stock feed manufacture.

(17) Transportation or freight terminal.

(18) Veterinary or pet shop hospital, kennel, and hatchery.

(19) Warehouse, cold storage, frozen food storage, transfer company, grain elevator or commissary business, but excluding the storage of volatile substances and explosives.

(20) Wood products manufacture, but excluding planing and lumber mills.

(21) Retail lumber yard and building materials yard, excluding concrete mixing.

(22) Retail feed and fuel yard.

(23) Contractors’ equipment yard.

(24) Trucking and automobile freighting yard.

(25) Game or fur farm.

(26) Small boat yard for the building or repair of boats not exceeding 65 feet in length.

(27) On-premises signs.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Residential uses required to provide necessary quarters for caretakers and watchmen.

(2) Tribal casino/gaming facility.

(3) Off-premises directional signs.

(4) Off-premises billboard signs.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard will be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard will be required.

(3) Rear Yard. There shall be a rear yard which has a depth of not less than 30 feet from an established residential district, otherwise no rear yard will be required. [Res. 270197B (01/27/97) § 3.03.07]

15.12.150 Heavy industrial district – Bulk, dimensional and general requirements.

(a) Intent. An industrial district to provide areas for heavy manufacturing, processing, fabrication and assembling of products or materials.

(1) All uses permitted in the LI light industrial district.

(2) Alcohol manufacture or liquor distillery.

(3) Asbestos products manufacture.

(4) Asphalt manufacture and creosote manufacture and treatment plants.

(5) Bag cleaning.

(6) Brick, tile, terra cotta and pottery manufacture.

(7) Carborundum and abrasive manufacture.

(8) Cloth, cord, rope and thread manufacture.

(9) Chemicals manufacture including acids manufacture.

(10) Concrete and concrete products manufacture.

(11) Coke ovens.

(12) Felt manufacture.

(13) Fish curing, smoking and canning.

(14) Flour, feed and cereal manufacture.

(15) Gutta percha, tar and rubber goods manufacture.

(16) Iron, steel, brass, copper and other metals foundry and fabrication including smelter and blast furnace.

(17) Lampblack, paint, varnish, oil, and turpentine manufacture.

(18) Linoleum and oil cloth manufacture.

(19) Meat and food manufacture and processing including the slaughter of animals and rendering of fat.

(20) Mining, rock quarry and rock, sand and gravel cleaning, crushing and processing.

(21) Railroad repair and classification yard.

(22) Rolling mill.

(23) Petroleum and petroleum products above-ground storage in excess of 1,000 gallons.

(24) Plastics manufacture.

(25) Saltworks.

(26) Saw and planing mill.

(27) Soap manufacture.

(28) Shipyard.

(29) Tobacco products manufacture.

(30) Wool pulling or scouring.

(31) Recycling center.

(32) On-premises signs.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Residential uses required to provide necessary quarters for caretakers and watchmen.

(2) Tribal casino/gaming facility.

(3) Off-premises directional signs.

(4) Off-premises billboard signs.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard will be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard will be required.

15.12.160 Public lands and institutions district – Bulk, dimensional and general requirements.

(a) Intent. A public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks and open space areas.

(1) Tribal governmental offices;

(2) Schools;

(3) Colleges;

(4) Parks;

(5) Tribal health care facilities;

(6) Tribal elder housing and/or facilities;

(7) Tribal bingo facility;

(8) Tribal casino/gaming facility;

(9) Public parking areas and/or structures;

(10) On-premises signs.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Off-premises directional signs.

(2) Off-premises billboard signs.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard will be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard will be required.

15.12.170 Shoreline district – Bulk, dimensional and general requirements.

(a) Intent. A district to provide protection for the water and near shore resources. A district which may allow for limited development when it can be determined that the development is consistent with the needs of the environment and that development preserves the Tribe’s right to access the shoreline areas.

(1) Aquaculture;

(2) Breakwaters;

(3) Bulkheads;

(4) Jetties and groins;

(5) Park and recreation;

(6) Educational and/or archaeological areas;

(7) Port, terminal, and industry; water-related or water-dependent;

(8) Marinas and boat facilities;

(9) Piers and docks;

(10) Fish hatchery.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Dredging.

(2) Road, railroad and bridge design and construction.

(3) Commercial, water-dependent or water-related.

(4) Utilities. [Res. 270197B (01/27/97) § 3.03.10]

15.12.180 Tidelands district – Bulk, dimensional and general requirements.

(a) Intent. A district to provide protection for tidelands and near tidelands resources. A district intended to protect and enhance the natural processes of tidelands ecology.

(1) Aquaculture;

(2) Park and recreation;

(3) Educational and/or archaeological areas.

(d) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

Reserved. [Res. 270197B (01/27/97) § 3.03.11]

15.12.190 Historical, cultural and other significant lands district – Bulk, dimensional and general requirements.

(a) Intent. A district to provide protection for historical, cultural and other significant areas which are of importance to the Puyallup Tribe of Indians.

Rest of this section reserved. [Res. 270197B (01/27/97) § 3.03.12]

15.12.200 Agriculture district – Bulk, dimensional and general requirements.

(a) Intent. A district to provide areas for commercial agricultural development.

(1) Animal production, boarding and slaughtering.

(2) Crop production.

(3) Accessory buildings customarily associated with the above uses.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Single-family dwellings.

(2) Agricultural sales and services.

(3) Fish hatcheries and aquaculture.

(4) Public utility facilities.

(d) Area Regulations. A building or structure hereafter built, enlarged or moved shall provide the following yards and lot areas:

(1) Front Yard. There shall be a front yard which has a depth of not less than 30 feet from an established residential district, otherwise no front yard will be required.

(2) Side Yard. There shall be a side yard which has a depth of not less than 20 feet from an established residential district, otherwise no side yard will be required.

15.12.210 Forest, wetlands and other significant resource lands.

(a) Intent. A district to provide protection for areas of undeveloped forest, wetlands and other significant resource lands.

(1) Park and recreation.

(2) Educational and/or archaeological areas.

(3) Public facilities.

(c) Conditional Uses. The following uses and development activities shall be permitted, subject to the issuance of a conditional use permit as provided in PTC 15.12.390:

(1) Forestry. [Res. 270197B (01/27/97) § 3.03.14]

Subchapter 4. Parking, Loading, Signs and Greenbelt

15.12.220 Intent.

Provisions of this subchapter are of general application to one or more of the districts described in Subchapter 3. It is the intent of this subchapter to set down provisions for off-street parking, off-street loading, signs and green belts, to prevent congestion in the streets, promote and protect property values and to provide for the health, safety and welfare of the inhabitants of the Planning Area. [Res. 270197B (01/27/97) § 4.01]

15.12.230 Off-street parking.

Reserved for off-street parking regulations. [Res. 270197B (01/27/97) § 4.02]

15.12.240 Off-street loading.

Reserved for off-street loading regulations. [Res. 270197B (01/27/97) § 4.03]

15.12.250 Signs.

(a) The purpose of this section is to establish sign regulations that support and complement land use objectives as identified by the Puyallup Comprehensive Land Use Plan. Signs perform important communicative functions and when regulated provide a necessary public service and are a vital part of the growing commercial and industrial sectors of the Reservation. The sign standards which are contained within this section recognize the need to protect the safety and welfare of the public as well as the need to present an attractive community appearance to the motoring public. The Tribal Council finds that the provisions contained in this code for size, lighting and spacing of signs, displays and devices are consistent with the customary use on the Puyallup Indian Reservation.

(b) The provisions and requirements of this section shall apply to all signs erected on Puyallup individual and/or Tribal trust property.

(c) Signs are regulated under this section as authorized within land use districts which specifically list them as permitted uses. The provisions and requirements of this section shall apply to signs in all zones as set forth in this chapter.

(d) Signs exempt from the provisions of this section are as follows:

(1) Traffic and directional signs installed by a governmental entity.

(2) Signs which are not readable from or intended to be viewed from a public right-of-way.

(3) Merchandise displays.

(4) National flags, flags of a political subdivision and symbolic flags of an institution or business.

(5) Legal notices required by law.

(e) Signs prohibited under the provisions of this section are as follows:

(1) Any sign which by its design or operation interferes with traffic and/or a directional sign installed by a governmental entity.

(2) Any sign that no longer correctly directs or exhorts any person or advertises a bona fide business, lessor, owner, product, or activity conducted or available on the premises where such a sign is located.

(3) Any sign permitted under the requirements of this section which directly or indirectly projects intense light into an adjacent residential neighborhood and can be classified a nuisance is prohibited.

(f) General Sign Allowance.

(1) On-premises signs are limited to one free-standing sign and no more than two signs attached to the principal structure. Free-standing signs shall not exceed 16 feet in height or 480 square feet in size, unless a conditional use permit is issued by the Land Use Office and conditions are imposed that address adverse impacts to aesthetics, light and glare.

(2) Off-premises directional signs will be permitted when it is determined that on-premises signs are inadequate to identify the location of a business. Directional signs shall be limited to a maximum of 25 square feet in area and 20 feet in height, unless a conditional use permit is issued by the Land Use Office and conditions are imposed that address adverse impacts to aesthetics, light and glare.

(3) Off-premises billboard signs shall be permitted subject to the following requirements:

(A) Not more than one billboard structure shall be permitted within 1,500 feet of another billboard structure as measured laterally along the same side of a right-of-way.

(B) Billboards which are proposed to be larger than 672 square feet and erected at a height greater than 65 feet on an interstate highway or 45 feet on a primary or secondary street will require a conditional use permit from the Land Use Office.

(D) Billboards shall be located at least 500 feet from any public school grounds, public parks, or public playground.

(g) It shall be the duty of the Land Use Office to interpret and enforce this section. The Land Use Office shall issue all permits required for the construction, alteration, and erection of signs in accordance with this section and related sections. In addition to application of a certificate of consistency permit the Land Use Office shall when appropriate require signs to conform to the current Uniform Building Code, National Electric Code and the Uniform Fire Code.

(h) Signs and/or permits issued for the erection of signs which existed prior to the adoption of the ordinance codified in this chapter are considered legal nonconforming. [Res. 270197B (01/27/97) § 4.04; Res. 270197 (01/27/97); Ord. 120996 (09/12/96)]

15.12.260 Greenbelt.

Reserved for greenbelt regulations. [Res. 270197B (01/27/97) § 4.05]

Subchapter 5. Districts and Boundaries

15.12.270 Official Zoning Map.

The locations and boundaries of the zoning districts shall be as shown on the map or maps entitled “Official Zoning Map(s)” Planning Area, and when approved by the Puyallup Tribal Council shall be made a part of this chapter and all notations, references and amendments thereto, after said approval, shall be as if such information set forth on the map were fully described and set out herein. The Official Zoning Map(s) shall be kept on file in the Land Use Office and shall be available for inspection by Tribal members. [Res. 270197B (01/27/97) § 5.01]

15.12.280 Boundary interpretation.

Where uncertainty exists as to boundaries of any district shown on said map, the following rules shall apply:

(a) Where district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

(b) In subdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map. Where a district boundary line, as appearing on the Official Zoning Map, divides a lot in single ownership, which is of record at the time of this enactment, the district requirement for the least restricted portion of such lot shall be deemed to apply for the whole thereof; provided, that such extension shall not include any part of such lot more than 35 feet beyond the district boundary line.

(c) Where any street, road or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street, road or alley added to the property by virtue of such vacation or abandonment.

(d) Fee-to-Trust Lands.

(1) All land hereafter transferred from fee to trust shall be assigned the zoning or district classification which is in substantial compliance with the Tribal Comprehensive Land Use Plan.

(2) The Land Use Office, upon receiving an application for fee to trust, shall make a determination and assign the zoning or district classification which is in substantial compliance with the expressed intent of the adopted Tribal Comprehensive Land Use Plan. Any appeal from the determination of the Land Use Office must be filed in accordance with the procedures set forth in PTC 15.12.410. [Res. 270197B (01/27/97) § 5.02]

15.12.290 Application of chapter.

(a) Except as hereinafter provided, no building shall be erected, reconstructed or structurally altered, nor shall any building be erected, nor shall any building or lands be used except in compliance with the district requirements established by this chapter for the district in which the building or land is located.

(b) The minimum yards or other open spaces required by this chapter, including those provisions regulating intensity of use, for each and every building hereafter erected or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements or the intensity-of-use provisions for any other building. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the building permit for such building thereupon shall be null and void.

(c) Where the lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the requirements of this chapter with respect to the existing buildings, and all yards and other open spaces in connection therewith, and no building permit shall be issued for the erection of a new building on the new lot thus created unless it complies with the provisions of this chapter. [Res. 270197B (01/27/97) § 5.03]

15.12.300 Completion of pending construction.

This chapter shall not limit the construction of any building for which a current building permit has been obtained or construction has begun prior to its adoption and publication, even though such building does not conform to the provisions of this chapter. [Res. 270197B (01/27/97) § 5.04]

15.12.310 Lot area exceptions.

Lots, parcels or tracts of trust land of record in the Puyallup Reservation with less than the areas required by the use district imposed which existed prior to the passage of the ordinance codified in this chapter. [Res. 270197B (01/27/97) § 5.05]

15.12.320 Construction of, additions, and enlargement of nonconforming buildings, structures, or uses of land.

Reserved for nonconforming. [Res. 270197B (01/27/97) § 5.06]

15.12.330 Change of use.

Reserved for change of use. [Res. 270197B (01/27/97) § 5.07]

15.12.340 Nonconforming uses.

Reserved for nonconforming uses. [Res. 270197B (01/27/97) § 5.08]

15.12.350 District changes.

Whenever the boundaries of a district are changed, such that they encompass property with an existing nonconforming use, the foregoing provisions shall apply. [Res. 270197B (01/27/97) § 5.09]

Subchapter 6. Administration

15.12.360 Intent.

The purpose of this subchapter is to provide administrative procedures for the development and use of all lands which exist within the boundaries of the Puyallup Reservation. [Res. 270197B (01/27/97) § 6.01]

15.12.370 Land Use Office.

The Land Use Office shall be responsible for enforcing the provisions of this chapter and the Puyallup Permit Applications Procedure Code (Chapter 15.16 PTC) adopted by Tribal Ordinance 220692a on June 22, 1992. [Res. 270197B (01/27/97) § 6.02]

15.12.380 Records.

The Land Use Office shall maintain in its office all permits issued, a record of each and every identifiable complaint of a violation of any of the provisions of this chapter, the action taken and, consequent to any such complaint, which records shall be open to the Tribal membership for inspection. [Res. 270197B (01/27/97) § 6.03]

15.12.390 Conditional use permit required.

A conditional use permit shall be required for any use listed as a conditional use pursuant to the provisions of PTC 15.12.080 through 15.12.210.

(a) Submittal. Applicants for a conditional use permit shall at the request of the Land Use Office submit such plans, statements, and documents as reasonably required for evaluation of the proposal.

(b) Conditions. The Land Use Office shall, after careful review of all submissions and testimony, impose conditions and mitigation requirements to protect the health, safety, welfare and rights of the citizens on the Reservation, and to assure consistency with the provisions of this chapter and the text, goals, policies and objectives of the comprehensive plan as well as the requirements contained within the 1989 Settlement Agreement.

(c) Determination. The Land Use Office shall make a written determination of the required conditions and a schedule for compliance. If, in the judgment of the Land Use Director, there are no conditions or measures of mitigation which would permit issuance of the conditional use permit in substantial compliance with the provisions of this chapter and protecting the health, safety, welfare and rights of the citizens on the Reservation, then the permit shall be denied.

(d) Appeals. Any appeal from the determination of the Land Use Director shall be as authorized under PTC 15.12.410(a). [Res. 270197B (01/27/97) § 6.04]

15.12.400 Board of Adjustment.

The Board of Adjustment is hereby created. The Board of Adjustment will be a separate and distinct function of the Puyallup Planning Commission. [Res. 270197B (01/27/97) § 6.05]

15.12.410 Powers of the Board of Adjustment.

(a) Appeals.

(1) Any Tribal member may file an appeal from the ruling of the Land Use Office concerning the provisions contained within this chapter.

(2) The Board of Adjustment will hold a public hearing within 30 days of receipt of the filing of an appeal. The purpose of the public hearing will be to gather information and receive testimony to determine whether the decision of the Land Use Office was in strict compliance with the requirements contained within this chapter. A decision will be made by the Board of Adjustment not less than 10 working days from the date of the public hearing.

(3) If the Board of Adjustment finds that the decision of the Land Use Office was not in strict compliance with the requirements of the Tribal Zoning Ordinance, the examiner may substitute the correct determination and require that the applicant’s fees be reimbursed.

(b) Variances.

(1) Any Tribal member may request a variance from the requirements contained within this chapter.

(2) The Board of Adjustment shall hold a public hearing within 30 days of receipt of a request for variance. The purpose of the public hearing will be to gather information and receive testimony in consideration of the variance request.

(3) The Board of Adjustment shall make a decision regarding the variance request and issue a written findings of fact. The written findings of fact shall not be prepared less than 10 working days following the public hearing and will be based upon evidence produced at the public hearing setting forth and showing whether the following circumstances are in existence.

(1) The variance must not amount to a change in the use of the property which would not be permitted within the existing zoning or district classification.

(2) The variance must be the minimum variance necessary to satisfy the unique circumstances which must exist and be directly related to the land such as size, shape, topography or location and that are generally not applicable to other lands in the same district.

(3) The Board of Adjustment must find that a literal interpretation of the provisions of this chapter would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district.

(4) That the special conditions and circumstances do not result from the actions of the applicant.

(5) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and district in which the subject property is located. [Res. 270197B (01/27/97) § 6.06]

15.12.420 Amendments to this chapter and/or Official Zoning Map.

(a) Proposed amendments, supplementation or modifications of the text of these regulations or the Official Zoning Map may be initiated as follows:

(1) By motion of the Tribal Council; or

(2) By motion of the Tribal Planning Commission; or

(3) By petition of the Tribal members who are the owners of 50 percent or more of the area involved in a petition for a change in the Zoning Map; said petition shall be on forms prescribed by the Land Use Office and accompanied by the appropriate fee as established from time to time by the Tribal Council to cover the cost of processing.

(b) Proposed amendments, supplementation or modifications to the text of this chapter or the Official Zoning Map shall be reviewed by the Planning Commission prior to consideration by the Council.

(c) The Planning Commission shall take no action upon a request for a proposed amendment, supplementation or modification of the text of this chapter or the Official Zoning Map until they have considered the recommendation of the Land Use Office and all facts relative to the proposal. The Planning Commission shall consider said proposed amendment, supplementation or modification and shall make its recommendation concerning the matter to the Tribal Council.

(d) The Tribal Council shall take no action on the recommendation of the Planning Commission regarding a proposed amendment, supplementation or modification until a public hearing is held before the Council. Notice of the time and place of said hearing shall be published at least once in the Tribal Newspaper and/or local circulation of the Tribal community not less than seven working days or more than 15 working days prior to the date of the hearing.

(e) After the public hearing, the Tribal Council shall consider the recommendation of the staff and the Planning Commission as well as any public comments received prior to approving, modifying or disapproving the proposed amendment, supplementation or modification, by a majority vote of the Tribal Council. However, in the case of a protest against a proposed zoning change, signed by the Tribal members who are owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or of those adjacent on either side thereof within the same block, or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such change shall not become effective except by the favorable vote of three-fourths of all members of the Tribal Council. [Res. 270197B (01/27/97) § 6.07]

15.12.430 Civil violations and penalties.

Any person or corporation, whether owner, lessee, principal agent, employee or otherwise, who knowingly or purposely violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves or uses any building or uses any land in violation of any detailed statement or plans submitted by him/her and approved under the provisions of this chapter, shall receive a notice of violation by registered mail from the Land Use Office. The notice of violation shall permit the property owner a period of three days in order to correct the violation and comply with the provisions of this chapter. If the violation is not corrected within the five-working-day period, the Land Use Office may file a notice of violation in Tribal Court. If the Court determines that a violation of the provisions of this chapter exists, the Court shall issue an order directing that the violator correct the violation, remove the violation or otherwise terminate the violation. The Court may also impose a fine not to exceed $500.00. [Res. 270197B (01/27/97) § 6.08]

15.12.440 Severability.

The provisions of this chapter are severable. If any section, sentence, clause or phrase of this chapter is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this chapter. [Res. 270197B (01/27/97) § 6.09]