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Title 19
ZONINGChapters:
19.05 Authority, Purpose, Minimum Requirements, Interpretation, User’s Guide
19.10 Definitions
19.15 Enforcement and Penalties
19.20 Zones, Map Designations, Interpretation of Boundaries
19.25 Uses and Zone Classification Tables
19.30 Accessory Uses and Structures
19.35 Temporary Uses/Temporary Housing Units
19.40 Essential Public Facilities
19.45 Density and Dimension
19.50 Design Standards for Town Center, Mixed Use, Mixed Use – Office, and Commercial Zones
19.55 Overlay Zones
19.60 Off-Street Parking Requirements
19.65 Landscaping/Trees
19.70 General Development Standards
19.75 Signs
19.80 Nonconforming Lots, Uses, and Structures
19.85 Discretionary Land Use Permits
19.90 Amendments
Chapter 19.05
AUTHORITY, PURPOSE, MINIMUM REQUIREMENTS, INTERPRETATION, USER’S GUIDESections:
19.05.010 Title.
19.05.020 Authority to adopt code.
19.05.030 Purpose.
19.05.040 Minimum requirements.
19.05.050 Interpretation – General.
19.05.060 Brief user’s guide.
19.05.070 Severability.
19.05.010 Title.
The title of the ordinance codified in this title shall be known as the city of University Place zoning code, hereinafter referred to as “the code.”
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.020 Authority to adopt code.
The code is adopted by the city of University Place Ordinance No. 307, pursuant to Article XI, Section 11 of the Washington State Constitution.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.030 Purpose.
The general purposes of the city of University Place zoning code are:
A. To implement the Growth Management Act (GMA) (Chapter 36.70A RCW), city of University Place comprehensive plan, and the goals of the Washington State Growth Management Act and subsequent amendments;
B. To protect the health, safety and general welfare through the regulation of physical development in the city, with specific attention to preserving the character of existing single-family neighborhoods;
C. To provide for adequate public facilities and services to support development;
D. To provide for orderly development and redevelopment through harmonious groupings of compatible land uses while also ensuring the provision of adequate space for residential, commercial, light-industrial, recreational, and other activities necessary for public welfare;
E. To protect property rights;
F. To retain and enhance the natural beauty and aesthetics of the community; and
G. To provide for the efficient and effective administration of zoning regulations.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.040 Minimum requirements.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.050 Interpretation – General.
A. Regulations, conditions, or procedural requirements specific to an individual land use permit shall supersede regulations, conditions, or procedural requirements of general application.
B. The zoning code shall be consistent with and implement the city’s comprehensive plan.
C. When a provision of this title conflicts with another provision in this title, the more restrictive provision shall apply.
D. When the provisions of this title impose greater restrictions than are imposed by other applicable city, county, regional, state and federal regulations, the provisions of this title shall control.
E. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section.
F. In the case of any ambiguity or differences of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title and the zone classification use tables in Chapter 19.25 UPMC shall control.
G. The words “shall” and “should” are mandatory and the word “may” is discretionary.
H. Unless the context clearly indicates otherwise, words in the present tense shall include past and future words defined in this title; all words in and terms used in this code shall have their defined or customary meanings.
I. The director or his/her designee are hereby authorized to make code interpretations. Where these rules do not clarify a boundary, definition, use standard, or procedure, the director shall make the determination. The director’s determination in these instances may be appealed according to UPMC Title 22, Administration of Development Regulations.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.060 Brief user’s guide.
A. Chapters. The zoning code, UPMC Title 19, contains 18 chapters summarized as follows:
19.05 Introduction. Establishes the purpose, title and basic rules for using the zoning code.
19.10 Definitions. Provides definitions for words used throughout the title. Words or terms used only in one chapter may be defined in that chapter.
19.15 Penalties and Enforcement. Provides guidelines for the enforcement and penalties in the administration of the zoning code.
19.20 Zones, Map Designations, Interpretation of Boundaries. Lists the zoning classifications, describes potential and overlay zones, and adopts the zone map and discusses the interpretation of map boundaries.
19.25 Zone Classifications and Use Tables. Lists and describes the zoning classifications, allowed uses for each zone, and categorization of uses.
19.30 Accessory Uses. Lists and identifies accessory uses allowed in the city of University Place.
19.35 Temporary Uses. Lists allowable temporary uses and associated standards.
19.40 Essential Public Facilities. Provides a process for the siting of essential public facilities.
19.45 Density and Dimension Standards. Provides development standards such as density, setbacks, height and lot width.
19.50 Design Standards for the Town Center, Mixed Use, Mixed Use – Office and Commercial Zones. Provides design standards and guidelines for development in these zoning districts.
19.55 Overlay Zones. Provides regulations for special overlay zones within the city including, for example, Town Center, Chambers Creek properties and transition overlay zones.
19.60 Off-Street Parking and Loading Requirements. Provides development standards for off-street parking and access.
19.65 Landscape and Buffering. Provides development standards for landscaping, buffering, significant tree preservation, irrigation and other requirements.
19.70 Other General Development Standards. Includes additional standards to address general and specific uses and standards such as home occupations, accessory dwelling units, agricultural uses, adult entertainment, improvements and secure community transition facilities.
19.75 Signs. Includes the size, placement and other design criteria required for signs in the city of University Place.
19.80 Nonconforming Lots, Uses and Structures. Establishes standards for the expansion, continuation and discontinuation of nonconforming lots, uses and structures.
19.85 Discretionary Land Use Permits and Decision Criteria. Establishes the permit processes and criteria for permits provided by this title, e.g., conditional use permits, planned unit development permits, and variances.
19.90 Zoning Code Amendments. Specifies the administrative rules and process for amending the zoning code; provides procedures for revocation, modification, or reclassification of permits.
B. Numbering Scheme. The numbering scheme used in this title operates as shown below:
Title of Chapter
Section
Paragraphs
Authority and 19.05
.010
(A)(1)(a)(i)(A)
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.05.070 Severability.
If any section, subsection, clause, or phrase of this code is for any reason held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity or constitutionality of the remaining portions of this code.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
Chapter 19.10
DEFINITIONSSections:
19.10.010 Interpretation.
19.10.020 Specialized definitions.
19.10.030 Definitions.
19.10.040 Unlisted words and phrases.
19.10.010 Interpretation.
Unless the context in which a word is used clearly implies to the contrary, the following definitions shall apply to each chapter of this code.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.10.020 Specialized definitions.
The following are general definitions for the code. Specialized definitions may be found at the beginning of the chapter where those definitions are used.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.10.030 Definitions.
“Abut” means to be contiguous with or touching property lines or right-of-way.
“Accessory dwelling unit” means a second dwelling unit, detached from, added to, or created within a single-family detached dwelling for use as a completely independent unit.
“Accessory structure” means a structure either attached or detached from a principal or main building and located on the same lot and which is customarily incidental and subordinate to the principal building or use.
“Accessory use” means a use of land or of a building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
“Adjacent” shall mean close, near, or directly across a street, but not abutting.
“Administrative permit” or “administrative use permit” means a written decision, granted by the director, to authorize the development or operation of a proposed land use activity subject to special degrees of control. Administrative use permits include, but are not limited to, temporary use permits, recreational vehicle permits, minor amendments, and home occupation permits.
“Administrative review” means a process involving the judgment and discretion of the director in applying specific decision criteria and requirements.
“Adult entertainment” shall mean:
A. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the nipple, the areola, or the lower half of the female breast or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the nipple, the areola, or the lower half of the female breast or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
1. Human genitals in a state of sexual stimulation or arousal; or
2. Acts of human masturbation, sexual intercourse or sodomy; or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
C. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
“Adult entertainment establishment” shall mean any commercial premises which is one of the following: adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows:
“Adult bathhouse” means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises.
“Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises.
“Adult entertainment material” means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities.”
“Adult retail establishment” means any bookstore, adult novelty store, and adult video store, or other similar commercial establishment, business, service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of adult entertainment material as defined in this chapter. For purposes of this provision, it shall be a rebuttable presumption that 30 percent or more of a business’ stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presumption is rebutted, the director may consider the following factors, which are not conclusive:
A. Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory;
B. Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility;
C. Whether adult entertainment material is an establishment’s primary or one of its principal business purposes; or
D. Whether 30 percent or more of an establishment’s revenue is derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials. The director shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application.
“Adult massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises.
“Adult motion picture theater” means a building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by the patrons therein.
“Adult sauna parlor” means a commercial sauna establishment, which excludes any person, by virtue of age, from all or any portion of the premises.
“Adult live entertainment establishment” shall mean a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment to a member of the public on a regular basis or as a substantial part of the premises’ activity.
“Alter/alteration” means any change, addition, or modification in construction or occupancy of a building or structure or use of land.
“Amendment” means a change in the wording, context, or substance of this code or the comprehensive plan; a change in the zoning map or comprehensive plan map; a change to the official controls of city code; or any change to a condition of approval or modification of a permit or plans reviewed or approved by the director or hearings examiner.
“Amendment, major” means any change of a discretionary land use permit that is beyond the scope of a minor amendment and requires the same procedure as the initial permit.
“Amendment, minor” means a limited change of a discretionary land use permit that is reviewed and approved, approved with conditions, or denied by the director.
“Barn” means any building used for agricultural purposes that contains items generally associated with farming including, but not limited to, farm equipment such as tractors or farm animals such as livestock.
“Bed and breakfast house” means any owner-occupied single-family dwelling, in which travelers are lodged for two weeks or less and for which compensation of any kind is paid. Limited to four guest rooms. (For the purposes of this definition, a bed and breakfast house is not a hotel, inn, motel, or lodging or rooming house.)
“Beauty salon” means a service business operating to provide services related to hair, skin, nail and cosmetology care.
“Berm” means a formed mound of earth that creates a visual and physical barrier between developments, roads, and/or sensitive areas.
“Biosolids” means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, and septage that can be beneficially recycled and meets all applicable health regulations.
“Brew pub” means an eating and drinking establishment having a microbrewery on the premises which produces beer, ale or other malt beverage and where the majority of the beer produced is consumed on-premises. This classification allows a brew pub to sell beer at retail and/or act as a wholesaler for beer of its own production for off-site consumption, with appropriate state licenses.
“Building” means any structure having a roof supported by columns, posts, or walls for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
“Building, detached” means a building surrounded by open space on the same lot.
“Building, principal or main” means a building devoted to the principal use of the lot on which it is situated.
“Business activity” means any activity carried out for the purpose of financial gain for an individual or organization, whether profit or nonprofit.
“Business or commerce” means the purchase, sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures, and premises by professions and trades rendering services.
“Buy-back recycling center” means any business which collects, receives or buys recyclable materials from household, commercial or industrial sources for the purpose of sorting, grading, or packaging recyclables for subsequent shipment and marketing.
“Cemetery” means land used or intended to be used for the burial of human dead.
“Central office switching unit” means a switching unit in a telephone system having the necessary equipment and operating arrangements for terminating and interconnecting subscribers’ lines, farmer lines, toll lines and interoffice trunks.
“Character” means the distinctive features or attributes of buildings, uses, and site design on abutting and adjacent properties and in the vicinity as required in the comprehensive plan, including, but not limited to, building facade, building length, building modulation, building height, building location, roof form, tree cover, types of flora, location of landscaping, size and location of signs, setbacks, amount of parking, location of parking, fencing type, fencing height, location of fencing and intensity of uses.
“Church.” See “Religious assembly.”
“Clubs and lodges” means a meeting place for recreational or social activities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.
“Commercial vehicle” means any vehicle including, but not limited to, a car, truck, truck trailer, tractor, grading machine, bulldozer, scraper, boat, motorized crane, etc., that is used in the operation of a business to store, transfer, or deliver commodities or in construction, road grading, or logging activities.
“Composting facility” means a solid waste facility specializing in the composting of one or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. Feedstocks may include, but are not limited to, yard waste, biosolids or food waste.
“Composting facility, municipal solid waste” means a solid waste facility specializing in the composting of mixed waste from municipal sources to reduce the waste for final disposal or to produce a marketable product.
“Conditional use” means a use conditionally permitted in one or more zones as defined by this code but which, because of characteristics particular to each such use, size, technological processes, equipment, or because of the exact location with respect to surroundings, streets, existing improvements, or demands upon public facilities, requires a special degree of control to determine if uses can be made compatible with the comprehensive plan, abutting and adjacent uses, and the character of the vicinity.
“Conditional use permit” means the documented evidence of authority granted by the examiner to locate a conditional use at a specific location.
“Correctional institution” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, and other facilities operated by the department of corrections or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction of a criminal offense.
“Day care center, adult” means a center that regularly provides care and supervision for a period of less than 24 hours per day for a group of elderly or disabled adults who cannot safely be left alone.
“Day care center, child” means a facility, licensed by the state, which regularly provides care for a group of children for periods less than 24 hours per day. The term shall include, but is not limited to, facilities commonly known as “day care facilities,” “day care centers,” and “preschools.”
“Deck” means an attached or detached raised horizontal platform as opposed to a patio, which is built flush with the ground. Decks are most often constructed of wood.
“Density” means the number of dwelling units allowed per net acre.
“Department” means the city of University Place community development department.
“Development” means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, placement of manufactured homes/mobile homes, mining, dredging, clearing, filling, grading, stockpiling, paving, excavation, drilling or the subdivision of property.
“Development permit” means any document granting, or granting with conditions, approval for a land use designation or redesignation, zoning or rezoning, subdivision plat, site plan, building permit, special exception, variance, or any other official action of the city having the effect of authorizing the development of land.
“Director” means the director of the community development department or authorized designee.
“Discretionary land use permit” means a document granted by official action of the city which authorizes the development or use of land pursuant to a special use permit or administrative permit.
“Domestic animals” means dogs, cats, birds, and small rodents which can be and are continually kept or raised in a home. Animals not considered to be domestic animals include, but are not limited to, the following: horses, cows, goats, sheep, swine, donkeys, fowl, and any other exotic species of animals.
“Drive-through” means any establishment, business, or structure where service is provided to a customer and/or vehicle either from a service window, attendant or a self-service device with an access provided by a drive-through lane(s) incorporated into the site design.
“Drive-up” means a service that allows customers to be served while remaining in their vehicles, including but not limited to services where food or other items are delivered to or received from customers parked in designated parking stalls.
“Driveway” means a private vehicle access, which serves up to two single-family dwelling units, multifamily or commercial development.
“Dry sewer facilities” means sewer lines designed and constructed in accordance with the local sewer utility standards for future connection to the sewer provider’s sanitary sewerage system. Dry sewer lines shall be constructed from the property line to the structure it will serve.
“Duplex.” See “Two-family.”
“Dwelling” means a building or portion thereof designed exclusively for human habitation, including single-family, two-family and multiple-family dwellings, accessory dwelling units, modular homes, manufactured homes and mobile homes, but not including hotels or motel units having no kitchens.
“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen, sleeping and sanitary facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.
“Employees” means all persons, including proprietors, performing work on-premises, or on all shifts, unless otherwise stated in specific sections of this code.
“Escort service” means an establishment where, for any form of consideration, companions are provided for which a fee of any kind is charged.
“Espresso stand” means a walk-up or auto-oriented (drive-through) business that dispenses hot and/or cold nonalcoholic beverages.
“Essential public facilities” means capital facilities typically hard to site (see WAC 365-195-340).
“Examiner” means the city hearings examiner.
“Family” means individuals consisting of two or more persons related by genetics, or adoption or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption or marriage to all of the members of such group living in a dwelling unit. For the purposes of this definition, persons with handicaps or otherwise protected by the Federal Fair Housing Act (42 U.S.C. 3601 et seq.) shall not be counted as unrelated persons.
“Farm” means a parcel of land used for agricultural activities.
“Final development plan” means a plan or set of plans that comply with the conditions set forth in a preliminary approval and, once approved, serves as the final approval of a discretionary land use permit.
“Floor area” means the sum of the gross horizontal areas of all floors of the building or portion thereof devoted to a use, including storage areas. However, “floor area” shall not include attic storage, unfinished basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. The floor area shall be measured from the inside perimeter of the exterior walls.
“Floor area ratio (FAR)” means the floor area of the building or buildings on a lot or on a project site divided by the area of such lot or project site, excluding any public facilities and structured parking.
“Funeral and internment services” means establishments primarily engaged in the provision of services involving the care, preparation, and disposition of human dead. Typical uses include crematories, mausoleums or mortuaries.
“Garage, private” means an accessory building or an accessory portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings.
“Glare” means unwanted light that causes eyestrain, discomfort, nuisance, or adversely affects a visual task.
“Golf course facility” means a recreational facility, under public or private ownership, designed and developed for golf activities with accessory uses including, but not limited to, a driving range, miniature golf, pro shops, caddyshack buildings, swimming pools, tennis courts, restaurants, office and meeting rooms and related storage facilities.
“Grade – average, finished” means the post-construction average elevation of the ground surface as measured at finished grade from base points located at the four corners of the foundation or, if the foundation of a structure does not form a rectangle, at the four corners of the smallest rectangle which surrounds the foundation.
“Grade, finished” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within an area between the structure and property line or where the property line is more than five feet from the structure, between the structure and a line five feet from the structure. See Figure 3, UPMC 19.45.040.
“Gross vehicle weight” means the total weight of a vehicle including the weight it is licensed to carry, intended to carry, or carrying, whichever is greater.
“Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste, and including waste oil and petroleum products.
“Hazardous substance processing or handling” means the use, storage, manufacture, or other land use activity involving hazardous substances but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed of on-site unless in compliance with Dangerous Waste Regulations, Chapter 173-303 WAC, and any pertinent local ordinances, such as sewer discharge standards.
“Hazardous waste” means and includes all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.
A. “Dangerous waste” shall mean any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain
pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
B. “Extremely hazardous waste” shall mean any waste which:
1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife; and
2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.
“Health club facilities” means a use offering exercise equipment for public use, and services such as, but not limited to, expertise and instruction for fitness training and aerobics classes. The use does not include massage or other medically related services.
“Hearings examiner review” means a process involving the judgment and discretion of the examiner in applying specific decision criteria and other requirements unique to a particular use in the approval of an activity permitted, or permitted conditionally, within a zone.
“Height, building or structure” means the vertical distance from the average finished grade measured to the highest point of a building or structure. See Figure 3, Chapter 19.45 UPMC.
“Hobby farm” means noncommercial agricultural activities, including the raising of farm animals and placement of associated farm structures, established on a lot without a principal dwelling unit.
“Home-based day care, adult” means a facility, located in a dwelling unit, that regularly provides care for a period of less than 24 hours per day for no more than 12 elderly or disabled adults who cannot safely be left alone.
“Home-based day care, child” means a facility, licensed by the state, that regularly provides care for a period of less than 24 hours per day for no more than 12 children and is located in an owner-occupied dwelling unit.
“Home occupation” means any activity conducted primarily for financial gain or profit in the principal residence or a permitted accessory structure, which is clearly incidental and secondary to the residential use of the property. An activity inconsistent with the performance standards of this chapter shall be subject to the provisions of this code, even if such activity is conducted without monetary compensation or on a not-for-profit basis.
“Hotel” or “motel” means any building or group of buildings containing six or more guest rooms where lodging with or without meals is provided for compensation.
“Inoperable vehicle” means any wrecked, dismantled or partially dismantled, inoperative, or any other vehicle or vehicles not legally operable upon the roadway; and/or auto body parts, engines or drivetrain parts, or any other parts, assemblies or components of automobiles and other motor vehicles.
“Interim on-site septic system” means a new or remodeled on-site septic system permitted after the effective date of the ordinance codified in this section. Interim systems are intended to be temporary in nature until such time as sanitary sewers become available. Interim on-site septic systems will meet the requirements of the Tacoma-Pierce County health department.
“Interim propane storage system” means propane storage facilities serving one or more customers on an interim basis until extension of natural gas service is feasible.
“Kennel” means a house, enclosure, or other structure in which any combination of six or more dogs or cats that individually exceed seven months of age are kept for breeding, sale, training, boarding, or sporting purposes, or are kept or cared for as pets or for any other purpose.
“Kitchen” means any room or rooms, or portion of a room or rooms, used or intended or designed to be used for cooking or the preparation of food by having a stove.
“Landfill” means a solid waste facility for the permanent disposal of solid wastes in or on the land and which needs a solid waste permit under Chapter 70.95 RCW.
“Livestock” means all cattle, sheep, goats, or animals of the bovidae family; all horses, mules, or animals of the equidae family; all pigs, swine, or animals of the suidae family; and ostriches, rhea, and emu.
“Lodging and rooming house” means a building with not more than four guestrooms where meals (with or without lodging) are provided for compensation for not more than 10 persons. Guestrooms numbering five or more shall constitute a hotel.
“Lot” means a designated parcel, tract, or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.
“Lot area” means the total area within the lot lines of a lot, excluding any street area.
“Lot, corner” means a lot situated at the intersection of two or more streets, having an interior angle of less than 135 degrees. On a corner lot, all yards abutting street rights-of-way shall be considered front yards. See Figure 1.
“Lot, interior” means a lot other than a corner lot. See Figure 1.
“Lot, pipestem” means a lot which gains street access by way of a driveway easement or lot extension which is too narrow to be built upon. When a pipestem-shaped lot abuts two or more streets it shall not meet this definition of a pipe-stem lot. Lot dimension, lot area, and setback requirements shall be exclusive of the access stem. See Figure 1.
“Lot, through” means a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. See Figure 1.
“Lot line” means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. See Figure 1.
“Lot line, front” means the portion of a lot line abutting a street. See Figure 1.
“Lot line, rear” means the lot line opposite and most distant from the front lot line. See Figure 1.
“Lot line, side” means any lot line other than a front or rear lot line. See Figure 1.
“Lot of record” means an area of land designated as a lot on the plat or subdivision recorded or registered, pursuant to statute, with the auditor of Pierce County.
“Major improvement” shall mean improvements to the interior and/or exterior of a principal building, except normal maintenance and repair and life/safety improvements, which within a 12-month period exceed a cumulative value of 25 percent of the assessed value as assessed by the Pierce County assessor’s office of the principal building. The 12-month period shall include the value of all improvements made in conjunction with permits issued within a 12-month period preceding the application for a new permit. Normal maintenance and repair and life/safety improvements include but are not limited to re-roofing, painting, re-carpeting, fire sprinkler installation, and improved exiting and accessibility.
“Major redevelopment” shall mean the redevelopment of or addition to a principal building or commercial center, except normal maintenance and repair and life/safety improvements, which result in the remodeling of or addition of 25 percent or more of the gross floor area of the existing building or, collectively, to any buildings in a commercial center. Normal maintenance and repair and life/safety improvements include but are not limited to re-roofing, painting, re-carpeting, fire sprinkler installation, and improved exiting and accessibility.
“Manufactured home” means a factory-assembled structure intended solely for human habitation, which has sleeping, eating and plumbing facilities, that is being used for residential purposes constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:
A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than nominal 3:12 pitch; and
C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
“Massage parlor” means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered; this would include sensitivity studios, body painting studios, exercise studios, conversation studios, companionship studios, exotic dance studios, dating services or any other business title in which massage is a principal activity or principal purpose of the building. The title or name of the business cannot be used as a ruse to circumvent this definition. This definition shall not be construed to include a hospital, nursing home, medical clinic, medical practitioner or the office of a physician, surgeon, chiropractor, osteopath, physical therapist, or by a massage practitioner, licensed by the state pursuant to Chapter 18.108 RCW and whose principal activity is to treat the sick, injured, or infirm, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad, or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational and athletic facilities.
“Miniwarehouse” means a facility consisting of separate storage units which are rented to customers having exclusive and independent access to their respective units for storage of residential- or commercial-oriented goods.
“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed prior to June 15, 1976.
“Mobile home/manufactured home park” means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge. A mobile home or manufactured home park shall not include mobile home or manufactured home subdivisions or recreational vehicle parks.
“Moderate risk waste fixed facility” means a solid waste transfer facility needing a solid waste permit which specializes in the collection of household hazardous waste for packaging for transport to a disposal facility for recycling. It may collect limited amounts of hazardous waste from small quantity generators (SQGs) who are businesses which generate hazardous waste in quantities below the threshold for regulation under Washington dangerous waste regulations (Chapter 70.105 RCW).
“Modular home” shall mean a dwelling that is designed for human habitation and is either entirely or substantially prefabricated or assembled at a place other than a building site and meets all of the requirements of Chapter 296-150A WAC. Modular homes are also commonly referred to as factory-built housing, and for purposes of this title a modular home is considered single- and two-family housing.
“Mount” means the structure or surface upon which personal wireless telecommunication facilities are mounted. There are three types of mounts:
A. Building-Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
B. Ground-Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
C. Structure-Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges.
“Multifamily” means a structure containing three or more dwelling units, with the units joined to one another.
“Museum” means an institution operated by a nonprofit organization as a repository of natural, scientific, historical, cultural or literary objects of interest or works of art, and where the collection of such items is systematically managed for the purpose of exhibiting them to the public.
“Net acre” is calculated by taking the total gross acreage and subtracting out surface water, undevelopable lands (e.g., wetlands) and street rights-of-way or street easements.
“New manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).
“Nonconforming development” means a contiguous area developed, operated and maintained as a single entity accommodating a residential, commercial, industrial or public use or a combination of such uses, which was legal when established but no longer conforms to the applicable development standards, including, but not limited to, parking, loading, access, landscaping, screening, open space or design requirements.
“Nonconforming lot” means a lot that does not conform to the size, shape or density requirements of the zone where it is located.
“Nonconforming structure” means a building or structure which was legal when established but no longer conforms to development standards including, but not limited to, parking, landscaping, design, height, setback or coverage requirements.
“Nonconforming use” means the use of land, a building or a structure lawfully existing prior to August 31, 1995, or the effective date of the ordinance codified in this title or subsequent revisions or amendments thereto and which no longer conforms with the use regulations of the zone in which it is located.
“Nude” or “semi-nude” shall mean a state of complete or partial undress in such costume, attire, or clothing so as to expose any portion of the nipple, the areola, or the lower half of the female breast or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Odor control structure” means equipment or structures appurtenant to wastewater conveyance facilities used to lessen the odors of the liquids being transported.
“Official controls” means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of the city, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan.
“Open space” means an area permanently dedicated to remain substantially unimproved in public or private ownership. Open space serves as a visual relief in the built environment and may be characterized by undisturbed natural vegetation or areas intended for passive recreation uses.
“Outdoor advertising display” means any card, paper, cloth, metal, glass, wooden, or other display or device of any kind or character which is placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, or other object.
“Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display is, or can be, placed.
“Outdoor retail sales” means a retail business or an establishment located outside a building or structure or a retail business with an outdoor sales area.
“Outdoor storage” means the storage, outside of a building, of material not intended for immediate sale or exhibition.
“Owner occupant” means a property owner, as reflected in title records, that makes his or her legal residence at the site, and actually resides at the site more than six months out of any given year.
“Package wastewater treatment plant” means a pre-assembled, factory-built treatment plant. They can be the size of a motor home or larger.
“Panorama” or “peepshow” shall mean any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances.
“Panorama premises” means any premises or portion of a premises on which a panorama is located and which is open to the public, including through membership.
“Park, community” means a park designed for organized activities and sports, although individual and family activities are also encouraged. Community parks usually exceed 10 acres in size, serve an area of at least two to three miles in radius and often have sport fields, water bodies, gardens, nature trails or similar facilities as the central focus of the park. Most often restroom and parking facilities are found at a community park.
“Park, linear trail” means a recreation area that has as a primary use hiking, biking, walking, and jogging. In some cases linear trail parks may be used by equestrian groups. The trails within the park may vary in scale and surfacing and may also be used as a means of nonmotorized transportation connecting one destination point to another. Streets, roads and highways with widened shoulders or bike lanes are not included in this category.
“Park, neighborhood” means a combination playground and park designed primarily for unsupervised, unorganized recreation activities. Neighborhood parks are small in size (about three to 10 acres) and serve an area of approximately one-half mile in radius. In general, facilities recommended for a neighborhood park may include a children’s playground, picnic facilities, trails, nature areas, tennis courts, an outdoor basketball court and a multi-use field for soccer, youth league baseball, etc. Most often there are no restroom and parking facilities.
“Park, regional” means a large recreation area that serves an entire region. They are usually large in size and often include areas of natural quality suitable for outdoor recreation activities such as golfing, picnicking, boating, fishing, swimming, camping and hiking. If located within an urban area, regional parks may offer a wider range of facilities and activities which serve the entire region. Regional parks usually exceed 40 acres in area. Restroom and parking facilities are most often found at the site.
“Parking area” means an area accessible to vehicles, which area is provided, improved, maintained, and used for the sole purpose of accommodating a motor vehicle.
“Parking area, public” means an open area other than a street, alley, or private parking area as defined herein, whether privately or publicly owned, which area is used for the parking of vehicles.
“Passive recreation” means an outdoor leisure time activity which usually occurs in a setting that has been preserved, as nearly as possible, in the original or natural condition. Passive recreation may occur in common open lawn areas and, where determined appropriate, critical area buffers, aquifer recharge and flood water storage areas. Activities may include picnicking, sight-seeing, walking, hiking, biking, horseback riding, and nature walks. Accessory structures associated with passive recreation include playground equipment, picnic shelters and tables, barbecue pits, exercise stations, restroom facilities, benches, directory signs, garbage containers, and landscaped areas.
“Pasture land” means property on which grass or other plants grow and are used as food for grazing animals.
“Patio” means an uncovered paved horizontal surface constructed flush with the ground that adjoins a dwelling unit and is used for dining or recreation.
“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.
“Personal wireless telecommunication facilities” shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.
“Planned development district (PDD)” means a flexible zoning concept which provides an opportunity to mold a district so that it creates a more desirable environment and results in a better use of the land than that which could have been provided through the limiting standards provided in the regular zoning classifications.
“Porch” means a covered deck or patio.
“Post office, branch” means a government-operated subdivision of a main post office station serving as a base for one or more carrier routes and providing customary customer postal service.
“Post office, contract station” means a privately operated, limited-service postal facility carried on as adjunct to a principal business or use.
“Post office, terminal” means the government-operated principal mail handling facility for a postal geographic service area.
“Preliminary approval” means an approval, based upon an application and conceptual plan for a discretionary land use permit, granted by the director or examiner which sets forth certain conditions that must be reflected on final development plans.
“Problem waste” means soils removed during the cleanup of a remedial action site, dangerous waste site, or other sites with harmful substances, but not designated dangerous wastes, and contaminated dredge spoils.
“Project site” means that portion of any lot, parcel, or tract or combinations thereof that encompasses all phases of the total project proposal.
“Public bathhouse” means an establishment where, for any form of consideration, baths or facilities for baths of any kind whatever are given or furnished for or in expectation of a fee, compensation or monetary consideration including, but not limited to, Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths by hot air, steam vapor, water or electric cabinet; provided, that “public bathhouse” for this definition does not include such baths or facilities for baths where no attendant or other person administers or holds themselves out as administering massage treatment as defined in this section, either by physical manipulation of the body or by the use of equipment.
“Public facilities” means properties and facilities in which a public agency, jurisdiction, district or similar public entity has a real property interest including, but not limited to, streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, storm waste facilities, parks and recreational facilities, public buildings and schools.
“Public facility permit” means documented evidence of authority granted by the examiner to locate a public facility at a specific location.
“Pump/lift station” means the part of a water collection or distribution system which raises water from a lower to a higher elevation.
“Recorded” means, unless otherwise stated, filed for record with the auditor of the county of Pierce, state of Washington.
“Recreational vehicle” means a structure or vehicle, other than a mobile home, which is permanently designed and intended for use for temporary housing purposes. Recreational vehicles shall include, but not necessarily be limited to, campers, motor homes, and travel trailers.
“Recreational vehicle park” means a tract of land under single ownership or unified control developed with individual sites for rent and containing roads and utilities to accommodate recreational vehicles or tent campers for vacation or other similar short stay purposes.
“Recycling collection site” means a site with collection boxes or other containerized storage where citizens can leave materials for recycling.
“Recycling processor” means any large-scale buy-back recycling business or other industrial activity which specializes in collecting, storing and processing any waste, other than hazardous waste or municipal garbage, for reuse and which uses heavy mechanical equipment to do the processing. It may be a facility where commingled recyclables are sorted, baled or otherwise processed for transport off-site which is referred to as a “clean” materials resource recovery facility (MRF).
“Religious assembly” means an establishment, the principal purpose of which is religious worship and/or memorial services. The principal building or other structure contains the sanctuary of the principal place of worship and includes related accessory uses.
“Religious assembly, place of” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including religious educational classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, and a one-family dwelling unit, but excluding facilities for residence or for training of religious orders.
“Religious assembly, uses” means uses that are secondary to religious purposes of the church and are considered as providing services to members and other individuals. These uses include, but are not limited to, cafeteria, child day care, educational classes, and social services.
“Remote switching unit” means a device or group of devices in a telephone system having the necessary equipment for terminating and interconnecting subscribers’ lines, farmer lines, toll lines and interfacilities trunks, normally dependent on one or more central office switching units for full operability.
“Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights and easements related thereto.
“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to Chapter 71.09 RCW and any community-based facilities established under Chapter 71.09 RCW and operated by the Washington State Secretary of Social and Health Services or the Secretary’s designee.
“Sensitive receptor” shall mean any establishment that provides caretaking, education, or recreation for persons under 18 years of age, or a location where youth are likely to gather including but not limited to schools, school bus stops, day care facilities, dance studios, and park and recreation uses.
“Septage” means a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system.
“Service provider” means the department, district or agency responsible for providing the specific public facility or service.
“Setback” means the minimum required distance between any structure and a specified line such as a lot, public right-of-way, private road, easement or buffer line that is required to remain free of structures unless otherwise provided herein. See Figure 1 in Chapter 19.45 UPMC.
“Sewage conveyance system” means pipelines, culverts, and appurtenances which transport wastewater and sewage from points of origin to wastewater treatment plants, or which convey treated wastewater to points of discharge. Also called wastewater conveyance systems.
“Sewage system, on-site” means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on abutting or nearby property under control of the user where the system is not connected to a public or approved private sewer system. On-site systems shall be constructed to meet the requirements of the Tacoma-Pierce County health department.
“Single-family, detached” means a dwelling unit that is not attached to another dwelling unit by any means.
“Small animals” means all animals and birds except for livestock, wild animals and exotics.
“Soil” means the surface layer of earth supporting plant life.
“Soil treatment facility” means a solid waste facility which utilizes bio-remediation, a thermal desorption process, or similar processes to treat petroleum-contaminated soil or vector waste for reuse or final disposal.
“Solid waste” means all wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, sludge from wastewater treatment plants, septage from septic tanks, wood wastes, dangerous wastes, and problem wastes.
“Special use permit” means an approval by the examiner for those types of development proposals which, due to the nature of the project, involve judgment or discretion in determining compliance with the approval requirements. Development proposals subject to special use permits include, but are not limited to, conditional use, public facilities, preliminary and final plats, planned development district, shoreline substantial development, shoreline conditional use, shoreline variance, and variance.
“Specified anatomical areas” means:
A. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or any portion of the nipple, the areola, or the lower half of the female breast;
B. Human male genitals in a discernibly turgid state even if completely or opaquely covered.
“Specified sexual activities” shall mean an act of:
A. Sexual intercourse within its ordinary meaning, occurring upon a penetration, however slight; or
B. A penetration of the vagina or anus, however slight, by an object; or
C. A contact between persons involving the sex organs of one person and the mouth or anus of another; or
D. Masturbation, manual or instrumental, of oneself or one person by another; or
E. Touching of the sex organs, anus, or female breasts, whether clothed or unclothed, of oneself or of one person by another.
“Stable, private” means an accessory building for the keeping of more than three horses, cows, or other similar domestic animals owned by the occupants of the premises and not kept for remuneration, hire, or sale.
“Stock-in-trade” means:
A. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, disks, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
B. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, disks, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
“Stormwater conveyance facilities” means features such as gutters, pipelines, culverts, manholes, weirs, manmade and natural channels, water quality filtration systems and drywells.
“Stormwater multiple use facilities” means stormwater pond facilities that are also developed to allow uses such as parks, recreational, educational and research structures and activities.
“Street, private” means a privately owned access or route which provides vehicle access on a commonly owned tract or as an easement providing access to not more than four dwelling units or businesses on separate parcels or any number of uses on a single parcel as allowed by a PDD or in a multifamily zone. A private street may include property reserved for utilities, transmission lines and extensions, walkways, sidewalks, bikeways and other similar uses.
“Street, public” means a publicly owned and maintained right-of-way. Road, Avenue, Court, Way and Boulevard are examples of types of streets.
“Structure” means anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together. For the purposes of this regulation, structure does not include paved areas, fill, or any vehicle.
“Surface mine” shall mean any area or areas within one-half mile to each other, where extraction of minerals from the surface results in removal of 5,000 cubic yards of material, or more than three acres of disturbed area, or mined slopes greater than 30 feet high and steeper than one foot horizontal to one foot vertical, or more than one acre of disturbed area within an eight or greater acre area when the disturbed area results from mineral prospecting or exploration activities. Surface mines include areas where mineral extraction from the surface occurs by the auger method or by reworking mine refuse or tailings, when these activities exceed the quantity, size, or height threshold listed above. “Surface mining” shall not include excavations and grading for on-site construction, on-site road maintenance or for the purpose of public safety or restoring the land following a natural disaster.
“Telecommunications radio relay station” means a facility containing structure and equipment for the transmission of telecommunications messages between telephone system facilities, by microwave radio or similar technologies.
“Temporary housing unit, construction” means a mobile or manufactured home or recreational vehicle which is placed on a lot or tract of land for the purpose of providing temporary housing for an individual or a representative who is in the process of constructing a permanent use or structure on the same lot or tract.
“Temporary housing unit, family” means a mobile or manufactured home which is proposed to be located temporarily on a lot, parcel or tract of land. The lot’s, parcel’s, or tract’s principal use shall be a single-family detached dwelling. The temporary housing unit shall be occupied by the parent or parents of the occupants of the dwelling, or not more than one individual who is a close relative of the occupants of the principal dwelling. An occupant of the temporary housing unit because of age, disability, prolonged infirmity, or other similar incapacitation is unable to independently maintain a separate type of residence without human assistance.
“Temporary housing unit, public facility” means a single-wide mobile home or manufactured home to be used at public schools, fire stations, parks, or other public facilities for the purpose of providing on-site security, surveillance, and improved service at public facilities.
“Toxic materials” means those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
“Tract” means any parcel of land, lot, building site, or contiguous combination thereof devoted to or intended to be devoted to a principal use and any other uses customarily accessory thereto.
“Trailer, automobile commercial” means a vehicle without motor power designed to be drawn by a motor vehicle and which trailer is used or is to be used for carrying goods and property.
“Transfer station” means a solid waste facility needing a solid waste permit which is a permanent, fixed supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a disposal facility. It may include baling or compaction activities or recycling facilities.
“Transfer station, drop box” means a solid waste facility needing a solid waste permit which is used for placement of a detachable container including the area entrance and exit roads, unloading and turnaround areas. The facility normally serves the general public with loose loads and receives waste from off-site.
“Two-family” means two dwelling units within the same building. Two-family housing types are also known as duplexes.
“Use” means the purpose or activity for which land or buildings are arranged, or intended, or for which land or buildings are occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this zoning code.
“Use category” means a group of similar use types that are associated with each other to such an extent that they perform a specific land use function. Use categories are: civic, commercial, essential public facilities, office/business, industrial, residential, resource, and utilities.
“Use, permitted” means any use allowed in a zoning classification and subject to the restrictions applicable to the specific use.
“Use, principal” means the primary or predominant use of any lot or parcel.
“Use type” means a group of similar uses that are fundamentally related to each other, contain equivalent characteristics, and which fall within the same use category.
“Utility or public maintenance facility” means facilities for open and enclosed storage, and maintenance of vehicles, equipment, or related materials used in a utility or public facility.
“Variance” means an adjustment to the development standards of the zoning regulation that does not apply to use or density, and that is reviewed and approved, modified, or denied by an administrative officer or the examiner after at least one public hearing or the director after obtaining an administrative use permit.
“Vehicle repair, major” means servicing, repairing, or restoring of vehicles including but not limited to engine work, auto body work, or any other work that may involve dismantling of an automobile or body work that typically requires more than a day to accomplish.
“Vehicle repair, minor” means oil changes, tire changes, replacing headlights and windshield wipers and specialized work to restore antique vehicles. With the exception of restoring antique vehicles, this is typically work that can be accomplished within a relatively short period of time and that can be completed within one day.
“Waste separation and recovery facility” means a solid waste facility needing a solid waste permit where mixed solid waste is collected and processed to segregate recyclable components from that portion of the waste stream which is to be permanently disposed. It may be referred to as a materials resource recovery facility (MRF) or as a “dirty MRF.”
“Waste to energy (WTE) facility” means any solid waste facility designed as a combustion plant to dispose of solid waste or to recover energy in a usable form from mass burning, refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste and which requires a solid waste permit under Chapter 70.95 RCW.
“Waste to energy facility, municipal solid” means a combustion plant specializing in disposal of or energy recovery from mixed waste from municipal sources. These facilities are often referred to as municipal incinerators.
“Waste to energy facility, special” means a combustion plant designed to burn more than 12 tons per day and specializing in disposal of or energy recovery from a single type of waste of known and consistent composition, other than municipal waste, such as tires or infectious waste.
“Wastewater” means water carrying waste from domestic, commercial or industrial facilities together with other waters which may inadvertently enter the sewer system through infiltration and inflow.
“Wastewater transfer facility” means equipment, structures, driving and parking surfaces, and appurtenances used for loading wastewater for transport to wastewater treatment facilities.
“Water purification facility” means treatment plants or facilities for disinfecting water.
“Wild animal” means an untamed or undomesticated animal including but not limited to wolves, coyotes, foxes, bears, cougars, bobcats, deer, raccoons, beavers, and raptors.
“Yard” means a space defined by the required setback on any lot, unoccupied by a structure and unobstructed from the ground upward except as otherwise provided herein.
“Yard, front” means a yard lying between the minimum setback line for a structure and the front lot line and extending across the full width of the lot. See the figures in Chapter 19.45 UPMC.
“Yard, rear” means a yard lying between the minimum setback line for a structure and the rear lot line and extending across the full width of the lot. See the figures in Chapter 19.45 UPMC.
“Yard, side” means all yards except front yards and rear yards. See the figures in Chapter 19.45 UPMC.
“Zone classification” means an area 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.
(Ord. 470 § 1 (Exh. A), 2006; Ord. 455 § 1 (Exh. A), 2005; Ord. 452 § 1 (Exh. A), 2005; Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 58, 2004; Ord. 394 § 1, 2003; Ord. 387 § 1, 2003; Ord. 371 § 1, 2003; Ord. 307 § 2, 2001).
19.10.040 Unlisted words and phrases.
The definition of any word or phrase not listed in this chapter which is in question when administering this regulation shall be defined from one of the following sources which are incorporated herein by reference. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:
A. City development regulations;
B. Any city resolution, ordinance, code or regulation;
C. Any statute or regulation of the state of Washington (i.e., the most applicable);
D. Legal definitions from case law or a law dictionary;
E. Webster’s Third New International Dictionary of the English Lanuage, Unabridged (1986).
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
Chapter 19.15
ENFORCEMENT AND PENALTIESSections:
19.15.010 Purpose.
19.15.015 Applicability.
19.15.020 Violations.
19.15.025 Enforcement authority/responsibility.
19.15.030 Right of entry.
19.15.035 Investigation and notice of violation.
19.15.040 Stop work orders.
19.15.045 Emergency order.
19.15.050 Extension of compliance date.
19.15.055 Penalties.
19.15.060 Additional relief.
19.15.010 Purpose.
The purpose of this chapter is to provide for the enforcement of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.015 Applicability.
This chapter shall be applicable to the enforcement of each and every provision of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.020 Violations.
A. It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the city without first obtaining the permits or authorizations required for the use by this title.
B. It is a violation of this title for any person to use, construct, locate or demolish any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. It is a violation of this title for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with this title or Chapter 1.20 UPMC.
D. It is a violation of this title for any person to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
E. It is a violation of this title for any person to fail to comply with the requirements of this title, regardless of whether or not a permit is required.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.025 Enforcement authority/responsibility.
It shall be the duty of the director to enforce the provisions of this title. The director may call upon the police department or another city department to assist in the enforcement of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 59, 2004; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.030 Right of entry.
Upon proper presentation of credentials, the director or duly authorized representative may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this code.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.035 Investigation and notice of violation.
A. The director or his representative may investigate any structure or use which the director reasonably believes does not comply with the standards and requirements of this title.
B. If, after investigation, the director determines that this title has been violated, the director may seek compliance and serve a notice of violation on the owner, tenant or other person responsible for the condition that violates this title and may otherwise enforce this title, pursuant to this chapter, UPMC 19.15.045, Chapter 1.20 UPMC, Enforcement, and Chapter 9.35 UPMC, Public Nuisances.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.040 Stop work orders.
Whenever a continuing violation of this title will materially impair the director’s ability to secure compliance with this title, or when the continuing violation threatens the health or safety of the public, the director may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.045 Emergency order.
A. Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this title.
B. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance, and the director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible, or both, in the manner provided by law.
C. Enforcement authority given the director under this chapter is in addition to any authority granted under Chapter 1.20 UPMC, Enforcement, and Chapter 9.35 UPMC, Public Nuisances.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.050 Extension of compliance date.
A. The director may grant an extension of time for compliance with any notice or order, whether pending or final, upon the director’s finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension.
B. An extension of time may be revoked by the director if it is shown that the conditions at the time the extension was granted have changed, if the director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.055 Penalties.
A. Civil. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.20 UPMC for which a monetary penalty may be assessed and abatement may be required as provided therein.
B. Criminal. In addition or as an alternative to any other penalty provided in this chapter or by law, any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine or imprisonment, or both, in accordance with the provisions of Chapter 9A.20 RCW relating to criminal penalties for misdemeanors.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.060 Additional relief.
The director may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance. The director may bring such an action under this chapter; Chapter 1.20 UPMC, Enforcement; Chapter 9.35 UPMC, Public Nuisances; or under the common law or any applicable federal or state law or city ordinance.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
Chapter 19.20
ZONES, MAP DESIGNATIONS, INTERPRETATION OF BOUNDARIESSections:
19.20.010 Purpose.
19.20.020 List of zone classifications.
19.20.030 Zones – Purpose.
19.20.040 Overlay zones – Purpose.
19.20.050 Zoning map.
19.20.060 Interpretation of boundaries.
19.20.010 Purpose.
The purpose of this chapter is to list and describe the zone classifications and their purposes, to list and describe special zoning map techniques and their purposes, establish the official zoning map, and provide for interpretation of zoning map boundaries when interpretations are necessary.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.20.020 List of zone classifications.
In order to accomplish the purposes of this code, the following zone classifications, overlay zones and zoning map symbols are established.
Zone
Map Symbol
Residential 1
R1
Residential 2
R2
Multifamily Residential – Low
MF-L
Multifamily Residential – High
MF-H
Mixed Use – Office
MU-O
Neighborhood Commercial
NC
Mixed Use
MU
Town Center
TC
Commercial
C
Light Industrial – Business Park
IB
Overlay Zones
Town Center
TCO
Chambers Creek Properties
CCPO
Public Facility
PFO
Day Island/Sunset Beach
DISBO
Transition Properties
TPO
A. Zones.
1. Single-Family Residential (Residential 1). Single-family neighborhoods comprise a large percentage of the city’s land area and the community wants to retain a primarily single-family character in its housing mix. Protection of single-family residential neighborhoods is a priority in the comprehensive plan. To protect the character of single-family neighborhoods, those areas of the city that are primarily single-family in nature are designated single-family residential (R1). A base density of four dwelling units to the acre is allowed, with up to six units per acre permitted through the planned development district process when significant additional amenities are provided, such as open space, trees and landscaping, greenbelt or active recreation facilities. Duplexes may be developed at a base density of 4.6 dwelling units to the acre. Uses allowed are restricted to single-family housing, duplexes, small attached accessory housing units, schools, public parks, community and cultural services, home-operated day care, religious assembly, appropriate home occupations, and minor utility distribution facilities. The character of single-family neighborhoods shall be protected and enhanced by eliminating and disallowing inappropriate uses; limiting traffic impacts; requiring buffering and design standards for adjacent high density residential, commercial and industrial development; preserving and protecting the physical environment; and providing interconnecting pedestrian and bicycle facilities, including sidewalks and trails to schools, shopping, services, and recreational facilities.
2. Two-Family Residential (Residential 2). To achieve a mix of housing types and densities while maintaining healthy residential neighborhoods, the two-family residential (R2) designation includes recent duplex condominium developments and areas of the City that have had a historic mix of single-family attached and detached housing. A base density of six dwelling units per acre is allowed, with up to eight units per acre permitted through the planned development district process, when additional amenities are provided. Uses allowed are restricted to duplexes, attached and detached single-family homes, small attached accessory housing units, schools, home-operated day care, assisted living and nursing homes, religious assembly, public parks, community and cultural services, appropriate home occupations, and minor utility distribution facilities. The character of the two-family residential neighborhoods shall be protected and enhanced by eliminating and disallowing inappropriate uses; limiting traffic impacts; requiring buffering and design standards for adjacent high density residential, commercial and industrial development; preserving and protecting the physical environment; and providing interconnecting pedestrian and bicycle facilities, including sidewalks and trails to schools, shopping, services, and recreational facilities.
3. Multifamily (MF). Higher density residential development shall be located in the multifamily low density (MF-L) and multifamily high density (MF-H) zones along major arterials and transit routes, close to shopping, public facilities and services, and in areas of existing higher density residential development. In the multifamily low density zone, a base density of 10 dwelling units to the acre is allowed outright, with up to 15 units to the acre subject to design standards and a planned development district. In the multifamily high density zone, a base density of 15 dwelling units to the acre is allowed outright with up to 20 units to the acre permitted subject to design standards and a planned development district. The planned development district shall be granted only when significant additional amenities are provided, such as open space, trees and landscaping, greenbelt or active recreation facilities. Uses allowed in the multifamily designation include multifamily housing, attached and detached single-family housing, nursing homes and assisted living facilities, schools, public and private parks, community and cultural services, home-operated day care, religious assembly, appropriate home occupations, and minor utility distribution facilities. Buffers, open space, landscaping, and design standards shall be incorporated into all development to provide a smooth transition between different densities and land uses. Pedestrian sidewalks and trails and bicycle facilities shall be provided for access to schools, shopping, services, and recreational facilities.
4. Mixed Use – Office (MU-O). It is the city’s intent to create a well-balanced, well-organized combination of land uses, which recognizes historic development patterns, protects residential neighborhoods, and discourages a continuous retail strip along Bridgeport Way. The mixed use – office (MU-O) designation serves as a transition zone providing separation between more intense commercial activities and residential areas, and between the neighborhood commercial area at 27th Street West and Bridgeport Way, and the Town Center beginning at 35th Street West and Bridgeport Way. A base density of 10 dwelling units per acre is allowed, with up to 12 units per acre permitted through the planned development district (PDD) process, when additional amenities are provided. Uses allowed include redevelopment of multifamily housing, attached and detached single-family housing, nursing homes and assisted living facilities, day care, religious assembly, professional offices, limited retail uses, public parks, community and cultural services, administrative government services, and minor utility distribution facilities. New multifamily will be allowed only when specific design standards are met and in conjunction with other permitted commercial uses. Buffers, landscaping, and design standards shall be incorporated into all development to provide a smooth transition between different densities and land uses. Sidewalks and small open public spaces shall be provided to encourage a pedestrian-friendly atmosphere and connections with transit stops, schools, shopping, services, and recreational facilities.
5. Mixed Use (MU). The mixed use (MU) designation is an area of compatible residential and commercial uses along major arterial streets and a transition between the more intense Town Center (TC) zone and the single-family residential (R1) zone. The historic commercial center of University Place along 27th Street West, west of Bridgeport Way, is the primary mixed use area. A base density of 10 dwelling units to the acre is allowed, with up to 12 units to the acre permitted through the planned development district process, when additional amenities are provided. Uses allowed include redevelopment of multifamily housing, attached and detached single-family housing, nursing homes and assisted living facilities, day care, religious assembly, professional offices, general retail, personal services, restaurants, small food stores, lodging, family entertainment businesses, public and private parks, community and cultural services, administrative government and safety services, and minor utility distribution facilities. Developments that include a mix of retail, personal services, offices, and residential uses are encouraged. New multifamily will be allowed only when specific design standards are met and in conjunction with other permitted commercial uses. Buffers, landscaping, and design standards shall be incorporated into all developments to provide a smooth transition between different densities and land uses. Sidewalks, bicycle facilities, and open public spaces shall be provided to encourage a pedestrian-friendly atmosphere and connections with transit stops, schools, shopping, services, and recreational facilities.
6. Neighborhood Commercial (NC). To help achieve a mix of commercial uses that primarily serves the needs of local residents and businesses, neighborhood commercial (NC) designations are located at the intersections of 27th Street West and Bridgeport Way, at Cirque Drive and Bridgeport Way, and at Cirque Drive and Orchard Street. The neighborhood commercial areas are small compact centers that provide a mix of neighborhood scale retail shopping, personal services, banks, professional offices, public parks, community and cultural services, administrative government and safety services, and gas stations that serve the daily needs of the portion of the city where they are located. Single-family dwellings are also permitted. Buffers and landscaping shall be incorporated into all development to provide a smooth transition between the neighborhood commercial zones and adjoining residential and mixed use zones. Landscaping, sidewalks, and small open public spaces shall be provided to encourage a pedestrian-friendly atmosphere.
7. Town Center (TC). The Town Center serves as a focal point for the city and provides a sense of community and civic pride. The Town Center (TC) is located between 35th Street West and 44th Street West along Bridgeport Way. The Town Center is a pedestrian-oriented area with new drive-through establishments discouraged. Wide sidewalks, pedestrian connections to adjacent residential areas, landscaping, public open spaces, and public art will be an integral part of the Town Center. Public facilities in the Town Center include City Hall, the public safety building, a public park, and the library. Public facilities and services, retail stores, personal services, professional offices, restaurants, some entertainment uses, and mixed uses are encouraged to locate in the Town Center. A base density of 10 dwelling units to the acre is allowed, with up to 12 units to the acre permitted through the planned development district (PDD) process. However, higher densities may be allowed in an overlay area if certain design standards are met. New multifamily development will be allowed only when specific design standards are met, when additional amenities are provided and in conjunction with a permitted commercial use. Design standards for new development and public/private development partnerships help promote a dynamic and healthy economic environment.
8. Commercial (C). Meeting the goal of concentrating commercial development in locations which best serve the community and protect existing residential areas, the historical commercial development area in the northeast corner of the city is designated as commercial (C). Uses in this area include general retail, family entertainment, recreation, restaurants, personal services, professional offices, public and private parks, community and cultural services, administrative government services, and safety services. The commercial zone is primarily auto-oriented with customers drawn from more than just the adjacent neighborhoods. Although the commercial zone is auto-oriented, sidewalks, bicycle facilities, and landscaping provide a safe and friendly pedestrian environment with easy pedestrian access between uses in the zone and adjacent neighborhoods. Design standards for new development and public/private development partnerships help promote a dynamic and healthy economic environment.
9. Light Industrial – Business Park (IB). Clean light industrial and business park uses are encouraged in the city in appropriate locations. Although the city is primarily a residential community and not a major employment center, the community wants to attract a variety of businesses to provide local employment opportunities. The area, which has historically been used for light manufacturing and light industrial uses, is located south of 27th Street West between Morrison Road on the west, 67th Avenue on the east, and Morrison Pond on the south. Additional light industrial and business park uses are located along the east side of 70th Avenue West. The light industrial – business park (IB) designation recognizes many of the existing uses in these areas as appropriate, while maintaining a separation from residential uses. Uses allowed in the light industrial – business park designation include light and clean industries, storage and warehousing, automotive repair, contractor yards, and limited retail, restaurants, offices, and entertainment uses, public and private parks, community and cultural services, administrative government and safety services, utility and public maintenance facilities, and public transportation services. Inappropriate uses will be disallowed or eliminated over time. Residential uses are only permitted in the light industrial – business park zone as an accessory use. Development and redevelopment in the light industrial – business park zone shall include features such as sidewalks, bicycle facilities, open space, landscaping, attractive signs, traffic control and overall management and maintenance. Buffers and design standards shall be incorporated into all developments to provide a compatible transition to adjacent zones and land uses.
B. Overlay Zones.
1. Public Facility Overlay (PFO). The public facility overlay (PFO) designation includes properties currently owned or operated by a public entity. Uses in the public facility overlay include but are not limited to the City Hall, the fire station, public schools and public parks. The purpose of the public facility overlay is to recognize that public facilities provide necessary services to the community and have their own unique set of circumstances. Factors including size, technological processes, requirements for municipal comprehensive facility planning and budgeting, capital improvement programs, and compatibility with surrounding land uses must be considered when developing public facilities. New public facilities should include buffers, landscaping, and design standards to ensure compatibility with adjacent land uses and zones. Sidewalks, open public spaces and public art shall be provided to encourage a pedestrian-friendly atmosphere and connections with public transit stops, schools, shopping, services, and recreational facilities.
2. Town Center Overlay (TCO). The Town Center overlay area is within the Town Center zone between 35th Street West and 38th Street West. This overlay area will be an urban mixed use neighborhood that is intended to create an integrated residential, retail, park, public open space, and civic development creating an urban village atmosphere. The development in this area should include luxury residential living units including flats, townhouses, lofts and live/work units in several buildings. The buildings would include ground floor retail and commercial uses. A hotel and conference center facilities are envisioned. The civic elements will include a City Hall and performing arts center. Expansion/modification of the existing library may also be a part of the total development. Parking would be accommodated along the internal streets and in parking garages located below the buildings. Approximately 20 percent of the overlay zone would be dedicated as permanent open space/park. A portion of this area is currently designated as Homestead Park. In addition to preserving natural open space, there should be well-defined open space throughout the overlay area, with articulated streetscapes, landscaping, and other pedestrian features.
3. Chambers Creek Properties Overlay (CCPO). The Chambers Creek properties overlay area consists of 700 acres owned by Pierce County in the southwest corner of the city. A master plan was developed over several years with the help of area residents, and was adopted by Pierce County and the city in 1997. The master plan envisions the Chambers Creek properties developing with civic, park, and public access uses over time. Current uses include the county’s regional wastewater treatment plant, an active gravel mine, administrative offices, public trails and ball fields. Eventually, a golf course, restaurant, clubhouse, arboretum, a public pier, a public beach, open space, and additional trails will be added. The development of the Chambers Creek properties is subject to a joint procedural agreement and design standards aimed at achieving county and city goals and promoting economic development.
4. Day Island/Sunset Beach Overlay (DISBO). The purpose of the Day Island /Sunset Beach overlay area is to preserve the unique residential character of Day Island and Sunset Beach by recognizing and preserving historic development patterns. Many houses on Day Island and Sunset Beach were built with different building setbacks than current codes allow. There are also numerous encroachments on the public right-of-way, which should be corrected over time. A special set of development standards applies in this area to achieve its purpose.
5. Transition Properties Overlays (TPO). The purpose of transition properties overlays is to create a uniform set of design standards aimed at protecting single-family neighborhoods that abut commercial areas, and therefore need extra protection not provided by other standards due to unique circumstances.
Four special protection areas have been identified by the city council including Westwood Square, Menlo Park (two areas), and 28th Street. Design standards for these areas include limits on access, additional buffering and/or setback requirements, building modulation, and location of windows.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.20.030 Zones – Purpose.
The purpose of zones is to divide the city into areas or zones to achieve the goals and policies of the comprehensive plan. Foremost amongst the goals of the city’s comprehensive plan is to protect residential areas from incompatible land uses, encourage economic development, protect the environment, maintain the city’s character, and improve and maintain quality of life. Zones separate or combine various land uses, help maintain property values, protect public health, safety and welfare and aid in city administration. Use, density, building height, setbacks and sign types are examples of land uses regulated by zone.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.20.040 Overlay zones – Purpose.
The purpose of an “overlay zone” is to identify areas where uses allowed in the underlying zone are permitted subject to special regulatory standards to achieve the goals and policies of the comprehensive plan. This is accomplished by establishing overlay zones with special or alternative standards as designated by the city’s comprehensive
