Chapter 17.08
Section:
17.08.010 Applicability
17.08.020 Special Permit Uses
17.08.030 General Conditional
Uses
17.08.040 Home Occupations
17.08.050 Performance Standards
17.08.070 Animals in Residential
Districts
17.08.080 Parking, Storage or
Habitation of Major Recreational Equipment
17.08.090 Parking or Storage of
Inoperable Vehicles
17.08.100 Nonconforming
Development
17.08.110 Reduction of Lot Area
17.08.120 Irregular Shaped Lots
17.08.130 Visibility at Intersections
in Residential Districts
17.08.140 Visibility at Access
Points for Automobiles
17.08.150 Side Yard on Corner
Lot
17.08.160 Accessory Buildings
17.08.170 Projections into
Required Yards
17.08.180 Structures to have
Access
17.08.190 Exceptions to Height
Regulations
17.08.200 Temporary use
Regulations
17.08.210 Group Homes Class II
and III
17.08.320 Zero Lot Line Development - Authorized
17.08.010 Applicability:
The provisions of this
chapter are of general application to several or all zoning districts unless
otherwise noted.
17.08.020 Special Permit Uses:
The following uses are
permitted in the several districts provided that they conform to the
development standards listed in this section in addition to conforming to the
development standards of the zoning district in which the use is located:
A.
Churches (excluding drive-in churches, which are conditional uses):
1. Minimum lot area: Minimum lot area is one (1) acre.
2. Front
yard: There shall be a front yard of
at least twenty-five (25) feet in depth.
3. Side
yard: Each side yard shall be a
minimum of fifteen (15) feet in width.
4. Rear
yard: There shall be a rear yard of
at least twenty (20) feet in depth.
5. Ingress
and egress: A separate entrance and
exit shall be provided. Loading and unloading areas shall be provided and shall
be located off public streets.
6. Landscaping: All yard areas must be landscaped.
7. Day
care centers: Day care centers in
churches must also provide the required play area as provided in subsection B.
of this section.
8. Parking
– signs: Offstreet parking and sign
regulations shall be observed.
B. Nurseries
and day care centers:
1. Minimum
lot area: Minimum lot area is
ninety-six hundred (9,600) square feet.
2. Front
yard: There shall be a front yard of
at least twenty-five (25) feet minimum depth.
3. Side
yard: Each side yard shall be a
minimum of eight (8) feet in width.
4. Rear
yard: The rear yard shall be at
least twenty (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 four
hundred (400) square feet, plus an additional forty square feet (40) for each
child in excess of ten (10).
6. Ingress
and egress: A separate entrance and
exit shall be provided. Loading and
unloading areas shall be provided and shall be located off the public street.
7. Landscaping:
Landscaping shall be provided to a
minimum width of eight (8) feet along property lines abutting residential uses.
Landscaping shall be provided in a manner assigned by the Town Planner at the
time of the development plan review.
8. Parking
- signs: Offstreet parking and sign
regulations shall be observed.
C. Gasoline
service stations (with or without retail convenience grocery sales): The provision of gasoline pumps shall not be
considered incidental or secondary to a permitted use, and must conform to the
requirements of this section.
1. Minimum
lot area: Minimum lot area is
fifteen thousand (15,000) square feet.
2. Lot
frontage: There shall be at least
one hundred twenty (120) feet of frontage on a public street.
3. Pump
setbacks: The pump island shall be
set back fifteen (15) feet from the public right-of-way and any property lines.
4. Lubrication
facilities: Lubrication shall be done
within an enclosed building.
5. Buffering
of adjacent property: A solid or
woven fence, free of advertising, shall be maintained along property lines,
which flank residential districts.
6. Lighting: Lighting devices shall be shaded so as not to
glare into residential districts.
7. Hours: Gasoline service stations abutting
residential districts shall limit their hours of operation from 5:00 a.m. to
11:00 p.m. Signs shall not be lit when the service station is closed. (Abutting
residential districts are not defined as those across a public street.)
8. Ingress
and egress: Driveway widths shall
not be greater than thirty feet (30) and driveways shall not be closer together
than twenty-five (25) feet. Driveways shall be not closer than five (5) feet to
a property line. There shall be not more than two (2) driveways per public
right-of-way.
9. Parking: Offstreet parking shall be provided in
compliance with chapter 17.05.
10. Signs: The sign regulations of chapter 17.06 shall
apply.
11. Grocery
sales facilities: Convenience
grocery sales facilities shall be limited to a maximum size of three thousand
(3,000) square feet of gross floor area in zones, which do not allow retail
grocery sales as a principally permitted use.
12. General
development standards: Development
standards and criteria of the underlying zoning district shall apply unless
otherwise noted in this section.
13. Storage
of motor fuels: Quantity limitations
on hazardous substance land uses, including onsite hazardous waste treatment or
storage facilities, shall not apply to motor fuels that may be stored on the
site for the permitted use.
D. Drive-in
restaurants:
1. Minimum
lot area: Minimum lot area is
fifteen thousand (15,000) square feet.
2. Front
yard: There shall be a front yard of
at least twenty-five (25) feet in depth.
3. Side yard: Each side yard shall be at least twenty (20)
feet in width.
4. Rear
yard: There shall be a rear yard of
at least twenty (20) feet in depth.
5. Ingress
and egress: Driveway widths shall not
be greater than thirty feet (30), and driveways shall not be closer together
than twenty-five (25) feet. Driveways
shall not be closer than five (5) feet to a property line. There shall be not
more than two (2) driveways per public right-of-way.
6. Landscaping: A ten-foot strip is required along street
rights-of-way, except at points of ingress and egress to the property. A
five-foot strip of landscaping along side lot lines shall be provided.
Landscaping shall be provided in a manner assigned by the Planning Commission
and Town Council at the time of development plan review.
17.08.030 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. General conditional uses may be allowed in the various
zoning districts following the procedures in this section 17.09.030. General
conditional uses may have one (1) or all of the following characteristics:
1. Public necessity requires such use in all or several
districts.
2. Their technical, operating or service
characteristics are such as to make it impractical to restrict their location
only to certain districts.
3. Although they fit the description in
subsections 1 and 2 of this section, their impact or effect on the immediate
neighborhood or vicinity in which they are located may be detrimental in the
absence of adequate performance standards, development controls or good site planning.
It is, therefore, the purpose of this section to reconcile potential conflicts between public necessity of certain uses and their possible detrimental effects on other uses.
B. Types of uses identified: The uses identified for the purpose of this
section will generally fall into several broad categories, as follows:
1. Utility,
transportation and communication facilities: Includes electrical substations, pumping or
regulating devices for the transmission of water, gas, steam, petroleum, etc.,
bus stops, transit stations, etc.
2. Public
facilities: Includes firehouses,
police stations, libraries and administrative offices of governmental agencies,
primary and secondary schools, vocational schools and colleges.
3. Open
space uses. Includes cemeteries,
parks, playgrounds, golf courses and other recreational facilities, including
buildings or structures associated therewith.
4. Drive-in
churches - welfare facilities:
Drive-in churches, retirement homes, convalescent homes and other welfare
facilities (excluding group homes), whether privately or publicly operated,
facilities for rehabilitation or correction, private clubs, fraternal lodges,
etc.
5. Duplexes
6. Woodworking
shops:
a. Development Standards: All buildings within which woodworking activity is to take place must meet the following minimum development standards:
(1) The commercial character of the exterior of the building shall be maintained.
(2) The outdoor storage of display of
materials, goods products or equipment is prohibited.
(3) The
sign regulations of chapter 17.06 shall apply.
b. Performance Standards: All woodworking operations must meet the following minimum performance standards:
(1) All dust collecting precipitators and filters must be located inside
buildings.
(2) All loading and unloading of materials and finished products
must take place in alleyways or in rear of buildings.
17.08.040 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 childcare
2. The sale of agricultural products
produced on the premises.
C.
Development standards: All dwelling units in which a home occupation
is located must meet the following minimum development standards:
1. The residential character of the
exterior of the building shall be maintained.
2. The outdoor storage or display of
materials, goods, products or equipment is prohibited.
3. A home occupation shall not occupy more
than three hundred (300) square feet.
4. The sign regulations of chapter 17.06 shall apply.
D.
Performance standards: All
home occupations must meet the following minimum performance standards:
1. Employees: A home occupation may not employ on the
premises more than one (1) person who is not a resident of the dwelling unit.
2. Traffic:
The traffic generated by a home
occupation shall be limited to four (4) two-way client-related trips per day
and shall not create a need for additional onsite or offsite parking spaces.
3. Sale
of goods and services: The sale of
goods and services from a home occupation shall be to one (1) 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 section 17.09.020.
17.08.050 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 (3) years in which to conform therewith.
C.
Locations where determinations are to be made for enforcement of
performance standards: The
determination of the existence of any dangerous and objectionable elements
shall be made at the location of the use creating the dangerous or
objectionable elements and at any point where the existence of such element may
be more apparent (referred to in the section as "at any point");
provided, however, that the measurement of performance standards for noise,
vibration, odors, glare or hazardous substances or wastes shall be taken at the
following points of measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any hazardous substance land
use facility, which must be at least fifty (50) feet from any property line.
D.
Restrictions on dangerous and objectionable elements:
1. Noise: At the points of measurement specified in
subsection C. of this section, the maximum sound pressure level radiated in
each standard octave band by any use of facility, other that transportation
facilities or temporary construction work, shall not exceed the values for
octave bands lying within the several frequency limits given in table I after
applying the corrections shown in table II. The sound pressure level shall be
measured with a sound level meter and associated octave band analyzer
conforming to standards prescribed by the American Standards Association.
(American Standard Sound Level Meters for Measurement of Noise and Other
Sounds, Z24.3-1944, American Standard Specification for an Octave Band Filter
Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved
revision thereof, American Standards Association, Inc., New York, N.Y., shall
be used.)
Maximum
Permitted Sound
Octave Band 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 II.
CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE
LEVEL IN DECIBELS TO BE
APPLIED TO TABLE I
Correction
Type of Operation or
Character of Noise in
Decibels
Noise source operates less than twenty (20) percent of Plus 5*
Any one (1) hour period
Noise source operates less than five (5) percent of any Plus 10*
One (1) hour period
Noise source operates less than one (1) percent of any Plus 15*
One (1) hour period
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
*Apply one (1) of these corrections only.
2. Vibration: No vibration shall be permitted which is
discernible without instruments at the points of measurement specified in this
section.
3. Odors:
No emission shall be permitted of
odorous gases or other odorous matters in such quantities so as to exceed the
odor threshold at the following points of measurement. The odor threshold shall
be defined as the concentration in the air of a gas or vapor, which will just
evoke a response in the human olfactory system.
4. Glare:
No direct or sky-reflected glare,
whether from floodlights or from high temperature processes such as combustion
or welding or otherwise, so as to be visible at the points of measurement
specified in subsection C. of this section shall be permitted. This restriction shall not apply to signs or
floodlighting of buildings for advertising or protection otherwise permitted by
the provisions of this title.
5. Radioactivity
or electrical disturbance: The
regulations of the federal occupational safety and health standards shall apply
for all radioactivity and electrical disturbance unless local codes and
ordinances supersede this federal regulation.
6. Fire
and explosion hazards: The relevant
provisions of federal, state and local laws and regulations shall apply.
7. Smoke,
fly ash, dust, fumes, vapors, gases and other forms of air pollution: The standards of the Puget Sound Air
Pollution Control Agency, Regulation I, or those regulations as may be
subsequently amended, shall apply.
8. Liquid
or solid wastes: No discharge of any
materials of such nature or temperature as can contaminate any water supply,
interfere with bacterial processes in sewage treatment or otherwise cause the
emission of dangerous or offensive elements shall be permitted at any point
into any public sewer, private sewage disposal system or stream, or into the
ground, except in accord with standards approved by the State Department of
Ecology or other appropriate State agencies.
9. Hazardous
substances or wastes: No release of
hazardous substances or wastes as can contaminate any water supply, interfere
with bacterial processes in sewage treatment or otherwise cause the emission of
dangerous or offensive elements shall be permitted at any point into any public
sewer, private sewage disposal system, watercourse or water body, or the
ground, except in accordance with standards approved by the State Department of
Ecology or other appropriate state of federal agency. The relevant provisions
of federal, state and local laws and regulations shall apply, and applicants
for permits under this title shall certify compliance. The following site
development standards shall apply:
a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to RCW 70.105,
b. Hazardous substance land use facilities shall
be located at least:
(1) Two
hundred (200) feet from unstable soils or slopes which are delineated on the
hazard area development limitations map or as may be more precisely determined
per subsection 17.08.224 B,
(2) Two
hundred (200) feet from the ordinary high-water mark of major or minor streams
or lakes which are delineated on the hazard area development limitations map or
as may be more precisely determined per subsection 17.08.224 B., shorelines or
statewide significance, or shorelines of the state;
(3) One-quarter
mile from public parks, public recreation areas or natural preserves, or state
or federal wildlife refuges;
(4) Fifty
(50) feet from any property line to serve as an onsite hazardous substance land
use facility buffer zone;
(5) Five
hundred (500) feet and one hundred (100) feet from a residential zone and a
residential unit respectively; and
(6) Five
hundred (500) feet from a public gathering place or agricultural land or zone,
in the case of a nonagricultural hazardous substance land use facility,
c. Hazardous
substance land use facilities shall not be located on a one-hundred-year
floodplain,
d. Hazardous
substance land use facilities which are not entirely enclosed within a building
shall provide a type I solid screen landscaping of a width of at least ten (10)
feet in the hazardous substance facility buffer zone required by subsection b.
(4) of this section;
e. Aboveground
hazardous substance land use facilities shall be constructed with containment
controls which will prevent the escape of hazardous substances or wastes in the
event of an accidental release from the facility, and shall meet federal, state
and local design and construction requirements;
f. Underground hazardous substance land use facilities shall meet federal, state and local design and construction requirements,
g. Hazardous
substance land uses shall comply with article 80 of the Uniform Fire code as
revised in 1988 and thereafter,
h. Hazardous
substance land uses shall provide for review and approval by the Town Fire
Department of a hazardous substance spill contingency plan for immediate
implementation in the event of a release of hazardous substances or wastes at
the facility,
i. Hazardous
substance land uses should use traffic routes which do not go through
residential zones; and
j. Hazardous substance land uses in the Industrial I-1 zones shall be entirely enclosed within 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.
17.08.070 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.
17.08.080 Parking, Storage or Habitation or Major
Recreational Equipment:
For purposes of this title,
major recreational equipment is defined as including boats and boat trailers
and travel trailers. No more that two (2) pieces of recreational vehicle
equipment shall be parked in the required front yard, and no such equipment
shall be used for living purposes.
17.08.090 Parking or Storage of Inoperable
Vehicles:
No more than one (1) vehicle
of any kind inoperable condition shall be stored or parked on any residentially
zoned property for more than thirty days (30).
17.08.100 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: The law and
this title do not favor nonconforming uses, structures, lots or signs, 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 Town Council, a nonconforming use may be extended throughout
those parts of a building which were manifestly designed or arranged for such
use prior to the date when such use of such building became nonconforming, if
no structural alterations except those required by law are made therein.
4. Discontinuance
of nonconforming use: When a
nonconforming use of land or a nonconforming use of all or part of a structure
is discontinued or abandoned for a period of six (6) months, such use shall not
be resumed, notwithstanding any reserved intent not to abandon such use. Normal
seasonal cessation of use, or temporary discontinuance for purposes of
maintenance or improvements, shall not be included in determination of the
six-month period of discontinuance.
5. Reversion
to nonconforming use: If a
nonconforming use is changed to a permitted use, the nonconforming use shall
not be resumed.
6. Residential
exception to nonconforming use status: Legally established residential uses located
in any residential zoning district and in existence as of July 1, 1999, shall
not be deemed nonconforming in terms of density provisions and shall be a legal
use.
D.
Nonconforming buildings and structures:
1. Applicability
of restrictions: Regulations
applicable to nonconforming structures are in addition to regulations
applicable to nonconforming uses, lots and signs, and in the event of any
conflict the most restrictive provisions shall apply.
2. Major
nonconforming buildings and structures:
No major nonconforming structure may be expanded, enlarged, extended,
reconstructed or structurally altered or changed, nor may any major
nonconforming building, structure or lot be occupied after discontinuance of
change in use, unless the structure, use and associated grounds and development
are brought into compliance with use and minimum development standards of the
district in which such structure is located, except as follows:
a. Any major nonconforming structure
damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural
disaster, and where cost of restoration exceeds fifty (50) percent of the fair
market value of the structure at the time of damage, shall not be restored or
reconstructed and used as before such happening; however, where cost of
restoration does not exceed fifty (50) percent of the fair market value of the
structure at the time of damage, the structure may be restored, reconstructed
and used as before, provided that the work be completed within one (1) year of
such happening.
b. Such repairs and maintenance work as
required to keep the structure in sound condition may be made to a major
nonconforming structure, provided no such structural alterations shall be made
except such as are required by law or ordinance or authorized by the Town
Planner.
3. Minor
nonconforming buildings and structures:
No minor nonconforming structure may be expanded, enlarged, extended,
reconstructed or otherwise structurally altered or changed, nor may any minor
nonconforming building, structure or lot be occupied after discontinuance or
change in use, unless the structure and associated grounds and development are
brought into compliance with the minimum development standards of the district
in which such structure is located, except as follows:
a. Any minor nonconforming structure
damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural
disaster, and where the cost of restoration exceeds fifty (50) percent of the
fair market value of the structure at the time of damage, shall not be restored
or reconstructed and used as before such happening; however, where the cost of
restoration does not exceed fifty (50) percent of the fair market value of the
structure at the time of damage, it may be restored, reconstructed and used as
before, provided that it be completed within one (1) year of such happening.
b. Such repairs and maintenance work as
required to keep the structure in sound condition may be made to a minor
nonconforming structure, provided no such structural alterations shall be made
except such as are required by law or ordinance or authorized by the Building
Inspector.
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:
(1) 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 September 29, 1999, 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.
(2) In
all single-family zoning districts if two (2) or more lots or combinations of
lots and portions of lots with continuous frontage in single ownership are of
record prior to September 29, 1999, 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 offstreet parking requirements are met. The
Town Council must also approve Nonconforming uses. Such lots must be in
separate ownership and not of continuous frontage with other lots in the same
ownership prior to July 1, 1999, 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 legally
existed as of September 29, 1999, 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
Town Council.
b. No sign permit shall be
issued to allow legal signs on property having an illegal or nonconforming sign
until such time as the nonconforming or illegal sign is modified to conform to
this title.
3. Amortization
period:
a. Abandoned
signs: Abandoned signs must be
removed within ninety days (90).
17.08.110 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.
17.08.120 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.
17.08.130 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 (2 1/2) and ten (10) feet above the centerline grades of the
intersecting streets in the area bounded by the street lines of such corner
lots and a line joining points along the street lines twenty (20) feet from the
point of the intersection.
17.08.140 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.
17.08.150 Side Yard on Corner Lot:
The side yard along a side
street on a corner lot shall have a minimum yard of ten (10) feet, except where
a larger yard may be required.
17.08.160 Accessory Buildings:
A.
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 the accessory building
can be built to within eight (8) feet of the side and rear lot lines, except
when attached to a principal building, in which case it must have the same
setbacks as the main building.
B.
Guest house accessory
buildings shall be located on the rear half of the building site. There shall
not be more than one (1) guest house on any one (1) building site, which,
together with other accessory buildings, shall not exceed thirty (30) percent
of the area of the rear yard on which it is built. No kitchen or cooking
facilities shall be permitted in any guesthouse.
17.08.170 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 (2) feet into any
required yard.
17.08.180 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.
17.08.190 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 fifty feet (50) of any lot line. Town-owned
elevated reservoirs, water tanks, fire or police training towers and standpipes
are exempt from height restrictions.
17.08.200 Temporary Use Regulations:
Section 17.08.200 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 the Planning
Commission and Town Council may establish such additional conditions as.
1. Contractor's office, storage yard and
equipment parking and servicing on the site of any active construction project.
2. Circuses, carnivals, rodeos, fairs or
similar transient amusement or recreational activities.
3. Indoor or outdoor art and craft shows and exhibits.
4. Christmas tree sales lots, fireworks
and flower stands, limited to location on lots not used for residential
purposes in commercial or industrial zoning districts.
5. Mobile home residences used for
occupancy by supervisory and security personnel on the site of an active
construction project.
6. Indoor or outdoor special sales,
including swap meets, flea markets, parking lot sales, warehouse sales or
similar activities, limited to locations on lots not used for residential
purposes in commercial or industrial districts, and when operated not more than
ten (10) days in the same month, unless otherwise permitted by the Town.
7. Temporary use of mobile trailer units
or similar portable structures for non-residential purposes, located in
districts where the use is a permitted use.
8. Seasonal retail sales of agricultural
or horticultural products raised or produced off the premises, to be permitted
in commercial or industrial zoning districts only.
9. Temporary signs relating directly to
the temporary uses described in this section, which may be permitted for a
period not to exceed the operation of the use. The signs may be portable in
nature and must be placed on the premises.
No off-premises signs are permitted. No more than two (2) signs per use
shall be permitted and no sign shall exceed a thirty-two (32) square feet total
of all faces. Maximum sign height shall
be eight (8) feet. No sign permit shall
be required.
10. Garage sales, moving sales and similar
activities for the sale of personal belongings when operated not more than
three (3) days in the same week or more than twice in the same calendar year.
No permit is required.
11. Fund-raising car washes. No permit is required.
12. The Town Council may authorize additional
temporary uses not listed in this subsection when it is found that the proposed
uses are in compliance with the requirements and findings of subsection C. of
this section.
B. Conditions of temporary