Pierce County Unincorporated
City Zoning Code
City Zoning Code
18A.38 Temporary
Development
18A.38.010 Purpose.
The purpose of this Chapter is to establish allowed temporary uses and structures, and provide standards and conditions for regulating such uses and structures.
18A.38.020 Temporary Uses Allowed – Number of Days Allowed.
A. The numbers in this Table represent the cumulative number of days the specific temporary use may be allowed on an individual property within any 12-month period. It is the applicant's discretion as to how the days are utilized throughout the 12-month period. A temporary use as listed below shall not be subject to parking provisions contained within Chapter 18A.35 PCC or the landscaping provisions of Chapter 18J.15 PCC. Produce and flower sales that are considered a permanent use as described in PCC 18A.33.260.A, Agritourism, may be subject to Title 18J PCC, Development Regulations – Design Standards and Guidelines, and parking provisions when the time frames specified herein are exceeded.
Table 18A.38.020-1. Temporary Uses Allowed-Number of Days Allowed | |||||||
|---|---|---|---|---|---|---|---|
Temporary Use Types and Number of Days Allowed | Urban Centers | Urban Districts | Urban Residential | Employment Center | Resource Lands | Rural Centers | Rural Residential |
Produce (1) | 120 | 120 | 120 | 120 | 120 | 120 | |
Flowers (1) | 30 | 30 | 30 | 30 | 30 | 30 | |
Fireworks (1)(2) | 14 | 14 | 14 | 14 | |||
Christmas Trees (1) | 45 | 45 | 45 | 45 | 45 | 45 | |
Carnivals/Circuses (1) | 14 | 14 | 14 | 14 | |||
Community Festivals (1) | 14 | 14 | 14 | 14 | 14 | 14 | 14 |
Garage Sales (3) | 8 | 8 | 8 | 8 | 8 | 8 | 8 |
Parking Lot Sales (1) | 14 | 14 | 14 | 14 | |||
Camping and Recreational Vehicle Use (4) | 120 | 120 | 120 | 120 | 120 | 120 | |
Temporary Events (150 or more people) | (refer to Events, Chapter 18A.40 PCC) | ||||||
Temporary Housing Communities | (refer to Temporary Housing Communities, PCC 18A.38.040) | ||||||
Temporary uses for any number of people and not advertised as open to the public with or without a fee, or temporary uses sponsored by tax-exempt organizations, public schools, or municipal entities shall not be subject to the standards set forth in this Chapter. Examples of such temporary uses include, but are not limited to, the following: | |||||||
• Family reunions/picnics; • Weddings, birthdays, anniversaries; • Sporting or other fund-raising events sponsored and held on school grounds; • Business or corporate retreats; • Organized religious events; and • Activities conducted in a public park or on public lands with approval of the local governing agencies. | |||||||
Activities which have been authorized through an approved discretionary land use permit shall not be subject to the standards set forth in this Chapter. | |||||||
Footnotes:
1Occupying recreational vehicles in conjunction with this temporary use is limited to guard, caretaker, and similar functions which prohibit public entry into the vehicle. The number of days the recreational vehicle is allowed on the site shall be the same as the associated temporary use.
2Actual number of days fireworks sales are allowed is subject to PCC 17C.60.230 and Washington State requirements.
3Garage sales are not subject to affidavit requirements of PCC 18A.38.030.A.1.
4Camping and recreational vehicles shall meet the standards set forth in PCC 18A.38.010, 18A.38.020, 18A.38.030, and 18A.38.050.E.
18A.38.030 Temporary Use/Duration and Frequency.
A. Temporary uses shall be limited in duration and frequency as follows:
1. Any proponent of a temporary use, except for Temporary Housing Communities, shall file an affidavit with the Planning and Public Works Department which specifies the type of use, location, and specified days and hours of operation of the proposed temporary use. The affidavit form is available at the Department.
2. The duration of the temporary use shall include the days the use is being set up and established as well as when the event actually takes place, except for Temporary Housing Communities.
3. A parcel may host no more than three temporary uses within a calendar year; provided the time periods specified in PCC 18A.38.020, Temporary Uses Allowed – Number of Days Allowed, are not exceeded. Except for Temporary Campground and Recreational Vehicle Use and Temporary Housing Communities, multiple temporary uses may occur on a parcel concurrently provided the time periods in PCC 18A.38.020 are not exceeded. Only one recreational vehicle, tent, tent cabin, or travel trailer may be allowed as a temporary use on a parcel during the time periods set forth in PCC 18A.38.020. Temporary Housing Communities are subject to the standards set forth in PCC 18A.38.040.
4. Recreational vehicles, travel trailers, or tents shall not be used as a permanent place of abode, or dwelling, for indefinite periods of time, except as stipulated in PCC 18J.15.200 for mobile home parks. Occupancy of a recreational vehicle, travel trailer or tent, or combination thereof, for more than 120 days in any 12-month period shall be considered permanent occupancy except for Temporary Housing Communities, which are subject to the standards set forth in PCC 18A.38.040.
5. Temporary parking lots associated with a temporary use shall not remain longer than the associated temporary use.
18A.38.040 Temporary Housing Community.
A. Purpose. A Temporary Housing Community is intended to provide temporary housing/shelter for the unhoused while preventing land use conflicts and ensuring safety.
B. Applicability. This Section allows religious, non-profit, and governmental organizations to establish a Temporary Housing Community through a Memorandum of Understanding with the Pierce County Human Services Department. The Director of the Human Services Department may only authorize a Temporary Housing Community upon demonstration that all public health and safety considerations have been adequately addressed and may administratively adjust standards upon providing findings and conclusions that justify requirements. Authorization may be revoked if the County determines that the site is unfit for habitation based on safety, sanitary conditions, or health-related concerns, or if activities have become disorderly or disorganized so as to impact the safety, health, and welfare of the community adjacent to the site.
C. Application. An application for a Temporary Housing Community shall include the following:
1. The dates of the start and termination of the Temporary Housing Community.
2. The maximum number of inhabitants proposed.
3. The location, including parcel number(s) and address(es).
4. The name(s) of the property owner(s).
5. The name of the managing agency and/or sponsor.
6. The proposed operations and security plan.
7. A site plan showing the following:
a. Property lines;
b. Property dimensions;
c. Location and type of fencing/screening;
d. Location and purpose of all support structures (e.g., administrative, security, kitchen, dining, laundry, sanitary areas) or the planned space to be used for such inside an on-site structure;
e. Location and method of providing potable water;
f. Location and method of providing waste receptacles;
g. Location and method of required sanitary stations (e.g., latrines, showers, hygiene, hand washing stations);
h. Location of vehicular access and parking;
i. Location and type of sleeping facilities for each person;
j. Entry/exit control points;
k. Internal pathways, and access routes for emergency services; and
l. Location of any critical areas and their buffers, regulated under Title 18E PCC, and the location of any shorelines and their buffers, regulated under Title 18S PCC, that are on or within 500 feet of the site.
8. A statement from the sponsoring organization regarding its commitment to maintain liability insurance in types and amounts sufficient to cover the liability exposures inherent in the authorized activity during the existence of the Temporary Housing Community.
9. A transition plan for assisting inhabitants in moving to another location when the facility is closed.
10. Notes from a mandatory preapplication meeting with the Human Services Department and the Planning and Public Works Department attended by applicable County representatives from the Pierce County Sheriff's Department and the Tacoma-Pierce County Health Department.
D. Standards and Requirements. A Temporary Housing Community shall be established in accordance with the following standards and requirements:
1. Number of Inhabitants. No more than 60 inhabitants shall be allowed per Temporary Housing Community location. The County may further limit the number of inhabitants as site conditions dictate.
2. Duration of Authorization.
a. The maximum authorization of a Temporary Housing Community shall be 180 consecutive days; setup time for the host site shall not be included in the 180 days. However, the Director of the Human Services Department may amend the Memorandum of Understanding to extend the authorization once for up to an additional 180 days if the Temporary Housing Community has demonstrated continuing need and demonstrated compliance with this Section. An extension shall be requested at least 60 days before the end date of the existing authorization. If an extension is approved, the authorization shall address any appropriate modifications or conditions in the Memorandum of Understanding.
b. Successive authorizations may be approved, beyond the 360 days authorized in subsection D.2.a, with a new Memorandum of Understanding subject to the same process and requirements of this Section, including the same level of Public Notice as specified in subsection F. The Director of the Human Services Department shall not grant successive authorizations if there are any outstanding violations of the existing Memorandum of Understanding. In considering whether to grant successive authorizations, the Director of the Human Services Department shall consider factors such as:
(1) The number of Code compliance cases;
(2) The number of calls placed to police due to disruptions by inhabitants on site;
(3) The number of community engagements, which may include meetings or volunteer opportunities;
(4) A report documenting the status of case management and supportive services offered to inhabitants;
(5) A report documenting efforts to transition inhabitants into other temporary, long-term, or more stable housing.
3. General Standards.
a. A Temporary Housing Community may only return to the same site after six months have elapsed since the removal of the previous Temporary Housing Community.
b. A minimum of one mile shall separate each Temporary Housing Community, except where the Director of the Human Services Department determines that adjusting proximity will not result in an over-concentration of Temporary Housing Communities or an adverse impact to surrounding communities.
c. New permanent structures are prohibited from being constructed within the Temporary Housing Community. Existing permanent structures may be used for sleeping facilities or support services.
d. The sponsoring agency shall work to find more permanent housing solutions and provide case management and supportive services for the inhabitants of the Temporary Housing Community during its operation.
e. An operations structure shall be provided for the site manager. A site manager shall be on site at all times. Persons acting as the site manager shall be awake while on shift to monitor the security of the Temporary Housing Community and be ready and able to alert emergency responders if the need arises.
f. The minimum age for unaccompanied Temporary Housing Community inhabitants is 18 years of age. Individuals under the age of 18 shall only be allowed if accompanied by a guardian.
g. Each inhabitant shall be pre-screened for warrants and a background check shall be completed by the managing agency. The managing agency shall prohibit any prospective inhabitant with an active warrant for a violent or sex offense and shall immediately contact the Pierce County Sheriff's Department.
4. Site Plan. Approval of a final site plan by the Director of the Planning and Public Works Department, or designee, that addresses the following standards:
a. Fencing. Temporary Housing Communities shall be enclosed on all sides with a sight-obscuring fence. Fencing requirements may be waived or modified by the Director of the Planning and Public Works Department if existing buildings, landscaping, topography, or other appropriate measures can screen the use from adjacent properties.
b. Environmental Protection. Temporary Housing Communities are prohibited within shorelines, wetlands, fish and wildlife habitat conservation areas, flood hazard areas, geologically hazardous areas, and the buffers of these areas.
c. Fire and Life Safety. The site plan shall document how the premises are set up and maintained for fire and life safety as approved by the Fire Code Official. At a minimum, this shall address the following:
(1) The placement of temporary structures to provide adequate fire and life safety.
(2) The location and type of any fire suppression systems including the quantity and locations of fire extinguishers.
(3) Adequate access for fire and emergency services, with a minimum of two access points.
(4) No smoking or open flames shall be allowed in sleeping facilities or food preparation areas. Smoking within the Temporary Housing Community shall be within designated smoking areas only.
(5) Electrical inspections shall occur to ensure safe installation of power, if provided, to temporary facilities within the Temporary Housing Community.
(6) An emergency evacuation plan shall be provided that includes:
(a) The contact name and phone number of the site manager and on site manager(s).
(b) Egress paths from sleeping and support facilities to safe assembly areas.
(c) The location of fire extinguishers, fire alarm pull stations, emergency communications devices, or other life safety systems and equipment.
(d) A controlled access plan for inhabitants.
5. Water, Sanitation, and Hygiene Facilities. The following facilities and provisions shall be made available on-site and approved for adequacy and location prior to occupancy by the appropriate authority:
a. Water. An adequate water source shall be made available to the site. Potable water shall be provided by a local water utility or through another means approved by the Tacoma-Pierce County Health Department.
b. Wastewater. Wastewater disposal which drains to a public sanitary sewer system, to an approved portable facility, or to an approved on-site system with adequate capacity for the Temporary Housing Community as approved by the Tacoma-Pierce County Health Department.
c. Solid Waste. Solid waste disposal shall include garbage and recycling containers on site with removal by local utilities and adequate scheduled dumping to prevent overflow. Infectious waste/sharps disposal shall be made available.
d. Sanitary and Hygiene Facilities. Existing and/or portable facilities may be used to meet the following requirements:
(1) Toilets are required at a ratio of 1 per 15 inhabitants, with any fractional numbers rounded up to the next whole number.
(2) Hand washing stations with water, soap, paper towels, and covered garbage cans and recycling containers provided next to the toilets are required at a ratio of 1 per 15 inhabitants, with any fractional numbers rounded up to the next whole number.
(3) Showering facilities are required at a ratio of 1 per 20 inhabitants, with any fractional numbers rounded up to the next whole number.
e. Food Areas. If cooking is to be performed on site, food preparation, storage, and serving areas shall be approved by the Tacoma-Pierce County Health Department and the Fire Code Official, as applicable. At least one food preparation area is required to be equipped with refrigeration, sinks, and cooking equipment. If food is prepared on site, adequate dishwashing facilities shall be available. No children under the age of ten shall be allowed in food preparation or storage areas.
f. Pest Control. A plan to maintain the premises to control insects, rodents, and other pests.
6. Structural Safety. Life safety requirements shall be identified by the Building Code Official and the Fire Code Official during application review.
a. Sleeping facilities within an existing building shall comply with all life safety, Fire Code, and Building Code requirements.
b. Temporary sleeping facilities shall provide appropriate spacing between all temporary, semi-permanent, and permanent structures of all types, materials, and sizes. Appropriate spacing will be determined during application review.
E. Memorandum of Understanding. Authorization of the Temporary Housing Community shall be finalized through a Memorandum of Understanding executed between the applicant and the Pierce County Human Services Department. The Memorandum of Understanding shall include the following in the body of the agreement or in attachments:
1. Conditions of Approval. Documentation of the approved number of site inhabitants and the conditions that must be met for compliance with subsection D. This shall include the ability for Pierce County officials to conduct monthly inspections to ensure adequate health and safety of the facility.
2. Site Plan. Attachment of the final site plan approved by the Planning and Public Works Department.
3. Operations and Security Plan. Documentation of the procedures for the management and maintenance of the Temporary Housing Community in compliance with this Section.
4. Code of Conduct. A written code of conduct for Temporary Housing Community inhabitants, site managers, management agency, sponsor, and volunteers. The code of conduct shall prohibit the on-site use of alcohol and illicit drugs. It shall include remedies for violations by Temporary Housing Community inhabitants of the standards in this Chapter or other applicable regulations.
5. Transition Plan. Documentation of procedures for the cessation of Temporary Housing Community upon expiration or termination of the Memorandum of Understanding.
6. A statement of the right of Temporary Housing Community inhabitants to stay there without charge and seek public health and safety assistance.
7. Documentation on how Temporary Housing Community inhabitants will be able to access social services on site.
8. Statements supporting a Temporary Housing Community inhabitant's ability to interact with the Temporary Housing Community managing agency and/or sponsor, including how inhabitants can express concerns regarding the managing agency and/or sponsor.
9. Contact information for Human Services Department staff and managing agency.
10. If the managing agency receives public funding, a statement of the managing agency's ability to interact with Temporary Housing Community inhabitants using a release of information.
11. Statements supporting any appropriate coordination with local agencies administering the homeless client management information system.
12. If the managing agency receives public funding, a statement prohibiting the managing agency from refusing admission of a Temporary Housing Community inhabitant based solely on age, sex, marital status, sexual orientation, race, creed, color, national origin, veteran or military status, presence of any disability, or use of a service animal.
13. Any other element the Human Services Department deems necessary to protect the health, safety, and welfare for Temporary Housing Community inhabitants and the surrounding community.
14. Any Religious Organization that sponsors or is a managing agency for a Temporary Housing Community may submit to the Director of the Human Services Department a request for relief of any provision herein which is found to pose a substantial burden on the Religious Organization's decisions or actions in locating a Temporary Housing Community. These will be considered for relief provided there is no impairment to the public's health, safety, and welfare.
F. Public Notice. A public meeting led by the managing agency or sponsor shall be held at least seven calendar days prior to finalizing a Memorandum of Understanding for the purpose of providing a forum for discussion of related neighborhood concerns unless the use is in response to a declared emergency.
1. At least 14 calendar days prior to the meeting, the managing agency or sponsor shall post notice of the meeting at the proposed Temporary Housing Community site and at the meeting site.
2. The managing agency or sponsor shall mail notice to all properties, property owners of record, and residents within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the proposed Temporary Housing Community site.
The Human Services Department shall provide the host with a mailing list, if requested. The managing agency or sponsor shall submit to the County an affidavit documenting that the posting and notice requirements have been satisfied.
3. Written notice of the meeting shall be provided to the County at least seven days prior to the meeting. The notice must specify the time, place, and purpose of the meeting, and proposed location of the Temporary Housing Community site. The County shall post notice of the meeting on the County's website.
18A.38.050 Temporary Structures.
A. Temporary Construction Buildings. Temporary structures for the storage of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects. Such buildings shall be removed within 30 days after completion of the project or 30 days following completion of work.
B. Temporary Real Estate Office. One temporary real estate sales office may be located on any new subdivision in any zone; provided the activities of such office shall pertain only to the selling of lots within the approved divisions of land of 5 or more lots or phase of division upon which the office is located. The temporary real estate office shall be removed at the end of a 3-year period measured from the date of the recording of the map of the land division upon which such office is located.
C. Temporary Housing Unit During Construction. A temporary housing unit during construction may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to construct a permanent use or structure on the same lot or tract or abutting property leased or owned by the applicant. Existing dwelling units may be converted to a temporary housing unit. A temporary housing unit is subject to the following:
1. The unit is removed from the site within 30 days after final inspection of the project, or within one year from the date the unit is first moved to the site, whichever may occur sooner.
2. The unit is not located in any required yard.
3. A permit is issued by the Building Division prior to occupancy of the unit on the construction site.
D. Temporary Housing Unit for Family. A temporary housing unit for family is permitted in all zones subject to the following regulations:
1. A permit for a temporary housing unit for family may be issued by the Building Division if the applicant satisfies the criteria set forth in PCC 18A.38.050.D.2 below and attests by affidavit that:
a. The information furnished with the application is true and correct.
b. That the standards and conditions set forth in the permit will remain satisfied as long as the temporary housing unit remains on the site.
2. The following are the minimum standards applicable to a temporary housing unit for family:
a. 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.
b. 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.
c. The temporary housing unit must bear a tag or seal from the Washington Department of Labor and Industries or U.S. HUD for mobile homes/manufactured homes or must meet the current version of ANSI A119.5 for recreational park trailers/park model RVs not exceeding 400 square feet in set-up mode.
d. In the event the Health Department requires the installation of separate water supply and/or sewerage disposal systems, said requirements shall not at a later time constitute grounds for the continuance or permanent location of a temporary housing unit beyond the length of time authorized in the permit or renewal of said permit.
e. Prior to the issuance of a permit, the County shall review the application and may require the installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit.
f. The temporary housing unit shall be removed from the lot or tract of land not more than 30 days from the date the permit expires or occupancy ceases.
3. Permits shall be valid for the period of time the parent or close relative resides in the temporary housing unit; provided, that after obtaining initial approval, annual renewals of the temporary housing permit must be obtained from the Building Official. When obtaining a renewal, the Building Official shall confirm by affidavit from the applicant that the requirements specified herein are satisfied. Application for renewals must be made 60 days before the expiration of the current permit. Renewals of said permits shall be automatically granted if the applicant is in compliance with the provisions herein and no notice of such renewal is required.
E. Temporary Occupancy of Recreational Vehicle, Travel Trailer or Tent. One recreational vehicle, tent, or travel trailer located on a lot of record may be temporarily occupied, for the time period noted in PCC 18A.38.020, subject to compliance with the standards set forth in this Section. Recreational vehicles, travel trailers, or tents located within an approved recreational vehicle park are not subject to the standards set forth in this Section. See PCC 18J.15.210 for regulations applicable to recreational vehicle parks.
1. Temporary occupancy of one recreational vehicle, tent, and/or travel trailer is permitted in all zones when in compliance with the following:
a. Within the urban growth area, only a recreational vehicle, tent, or travel trailer located on a lot developed with a principal dwelling unit may be occupied for the temporary period noted in PCC 18A.38.020. Provided that, however, urban lots located on a Shoreline of the State and within a Shoreline Environment that permits residential or recreational use may host a recreational vehicle, travel trailer, or tent for the temporary period noted in PCC 18A.38.020, whether the lot is developed or undeveloped. All other recreational vehicles, tents, or travel trailers on undeveloped lots located within the urban growth area shall not be occupied for any period of time.
b. Within the rural area, occupancy of a recreational vehicle, tent, or travel trailer may be allowed regardless of whether or not a principal dwelling unit exists on the lot.
c. A recreational vehicle or travel trailer parked on a public or private roadway or the right-of-way or easement for that roadway shall not be occupied.
d. Recreational vehicles shall not be placed in critical areas or their associated buffers.
e. The recreational vehicle, travel trailer, or tent shall be removed from the lot or tract of land on which it is located within 14 days of the expiration of the temporary occupancy period, except that a recreational vehicle and/or travel trailer may remain on site unoccupied if the person or entity in control of the property is the legal or registered owner.
f. A recreational vehicle, travel trailer or tent may be occupied for up to 14 days per year without a temporary use permit.
2. An approval for the temporary occupancy of a tent, travel trailer, or recreational vehicle is valid for a maximum of 120 days when in compliance with PCC 18A.38.050.E.1 above. Extensions of this approval may be granted by the Director on a case-by-case basis, when needed, in situations of undue hardship and provided that efforts to relocate or acquire permanent housing are underway. This time period shall be reduced accordingly by the length of time any other recreational vehicle, travel trailer, or tent was occupied on the same lot as the subject request during the 12 months immediately prior to the request.
F. Temporary Storage in Cargo Containers. Cargo Containers may be placed in the following zones: Community Employment (CE), Employment Center (EC), Employment Corridor (ECOR), Community Center (CC), Mixed Use District (MUD), and Urban Corridor (UCOR) when the following standards are complied with:
1. Materials stored within cargo containers must be directly related to an approved commercial and/or industrial use on site;
2. No storage of hazardous materials may take place within cargo containers;
3. Cargo containers may not be rented for personal or commercial storage uses;
4. Cargo containers must be in compliance with bulk requirements of Development Regulations;
5. Cargo containers may not encumber required parking, aisle or landscaping, and may not block Emergency Vehicle Access or established vehicle routes;
6. No more than five cargo containers may be used for storage associated with industrial uses at a time;
7. No more than two cargo containers may be used for storage associated with commercial uses at one time; and
8. Cargo containers may not be on any site in excess of 180 days within any 12-month period.
G. Public Nuisance Abatement.
1. Designated Public Nuisance Sites.
a. Pierce County Planning and Public Works may arrange for the placement of machinery/equipment on designated public nuisance site or sites otherwise arranged by Pierce County as a temporary use. With authorization provided in either a Superior Court ordered Warrant of Abatement or from the Planning and Public Works Director, temporary on-site activities and/or processes (i.e., waste staging, screening, processing, shredding, chipping, recycling, car crushing) will accommodate public nuisance abatement efforts.
b. Designated property(s) and subsequent on-site activities/processing shall only occur on a temporary basis in order to abate public nuisances as defined in Chapter 8.08 PCC, Public Nuisances, and shall not exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed.
c. Designated property(s) as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.
2. Emergency Proclamation/Declared Disaster.
a. Pierce County may designate either private or public property with authorization of property owner or appropriate controlling agency for the purpose of temporarily receiving, staging and processing waste generated during or after an Executive/State proclaimed Emergency or Federal declaration of Disaster. Designated property may be predetermined or selected at the time of the proclaimed/declared Emergency or Disaster to accommodate emergent debris removal efforts posing an immediate threat to public health and safety or hindering recovery efforts.
b. For the purpose of this Section, an Emergency proclamation or declaration of Disaster may be made by any of the following: Pierce County Executive, Pierce County Council, Washington State Governor, or the President of the United States.
c. Designated property shall only be utilized during, and immediately following a proclaimed Emergency or declared Disaster; not to exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed. Every reasonable effort will be utilized to return the property to its pre-use condition within one year after on-site recovery operations cease.
d. Designated property as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.
H. Shoreline Accessory Uses. Please refer to Title 18S PCC, Development Policies and Regulations – Shorelines, for accessory use standards applicable within a shoreline area.
18A.38.010 Purpose.
The purpose of this Chapter is to establish allowed temporary uses and structures, and provide standards and conditions for regulating such uses and structures.
18A.38.020 Temporary Uses Allowed – Number of Days Allowed.
A. The numbers in this Table represent the cumulative number of days the specific temporary use may be allowed on an individual property within any 12-month period. It is the applicant's discretion as to how the days are utilized throughout the 12-month period. A temporary use as listed below shall not be subject to parking provisions contained within Chapter 18A.35 PCC or the landscaping provisions of Chapter 18J.15 PCC. Produce and flower sales that are considered a permanent use as described in PCC 18A.33.260.A, Agritourism, may be subject to Title 18J PCC, Development Regulations – Design Standards and Guidelines, and parking provisions when the time frames specified herein are exceeded.
Table 18A.38.020-1. Temporary Uses Allowed-Number of Days Allowed | |||||||
|---|---|---|---|---|---|---|---|
Temporary Use Types and Number of Days Allowed | Urban Centers | Urban Districts | Urban Residential | Employment Center | Resource Lands | Rural Centers | Rural Residential |
Produce (1) | 120 | 120 | 120 | 120 | 120 | 120 | |
Flowers (1) | 30 | 30 | 30 | 30 | 30 | 30 | |
Fireworks (1)(2) | 14 | 14 | 14 | 14 | |||
Christmas Trees (1) | 45 | 45 | 45 | 45 | 45 | 45 | |
Carnivals/Circuses (1) | 14 | 14 | 14 | 14 | |||
Community Festivals (1) | 14 | 14 | 14 | 14 | 14 | 14 | 14 |
Garage Sales (3) | 8 | 8 | 8 | 8 | 8 | 8 | 8 |
Parking Lot Sales (1) | 14 | 14 | 14 | 14 | |||
Camping and Recreational Vehicle Use (4) | 120 | 120 | 120 | 120 | 120 | 120 | |
Temporary Events (150 or more people) | (refer to Events, Chapter 18A.40 PCC) | ||||||
Temporary Housing Communities | (refer to Temporary Housing Communities, PCC 18A.38.040) | ||||||
Temporary uses for any number of people and not advertised as open to the public with or without a fee, or temporary uses sponsored by tax-exempt organizations, public schools, or municipal entities shall not be subject to the standards set forth in this Chapter. Examples of such temporary uses include, but are not limited to, the following: | |||||||
• Family reunions/picnics; • Weddings, birthdays, anniversaries; • Sporting or other fund-raising events sponsored and held on school grounds; • Business or corporate retreats; • Organized religious events; and • Activities conducted in a public park or on public lands with approval of the local governing agencies. | |||||||
Activities which have been authorized through an approved discretionary land use permit shall not be subject to the standards set forth in this Chapter. | |||||||
Footnotes:
1Occupying recreational vehicles in conjunction with this temporary use is limited to guard, caretaker, and similar functions which prohibit public entry into the vehicle. The number of days the recreational vehicle is allowed on the site shall be the same as the associated temporary use.
2Actual number of days fireworks sales are allowed is subject to PCC 17C.60.230 and Washington State requirements.
3Garage sales are not subject to affidavit requirements of PCC 18A.38.030.A.1.
4Camping and recreational vehicles shall meet the standards set forth in PCC 18A.38.010, 18A.38.020, 18A.38.030, and 18A.38.050.E.
18A.38.030 Temporary Use/Duration and Frequency.
A. Temporary uses shall be limited in duration and frequency as follows:
1. Any proponent of a temporary use, except for Temporary Housing Communities, shall file an affidavit with the Planning and Public Works Department which specifies the type of use, location, and specified days and hours of operation of the proposed temporary use. The affidavit form is available at the Department.
2. The duration of the temporary use shall include the days the use is being set up and established as well as when the event actually takes place, except for Temporary Housing Communities.
3. A parcel may host no more than three temporary uses within a calendar year; provided the time periods specified in PCC 18A.38.020, Temporary Uses Allowed – Number of Days Allowed, are not exceeded. Except for Temporary Campground and Recreational Vehicle Use and Temporary Housing Communities, multiple temporary uses may occur on a parcel concurrently provided the time periods in PCC 18A.38.020 are not exceeded. Only one recreational vehicle, tent, tent cabin, or travel trailer may be allowed as a temporary use on a parcel during the time periods set forth in PCC 18A.38.020. Temporary Housing Communities are subject to the standards set forth in PCC 18A.38.040.
4. Recreational vehicles, travel trailers, or tents shall not be used as a permanent place of abode, or dwelling, for indefinite periods of time, except as stipulated in PCC 18J.15.200 for mobile home parks. Occupancy of a recreational vehicle, travel trailer or tent, or combination thereof, for more than 120 days in any 12-month period shall be considered permanent occupancy except for Temporary Housing Communities, which are subject to the standards set forth in PCC 18A.38.040.
5. Temporary parking lots associated with a temporary use shall not remain longer than the associated temporary use.
18A.38.040 Temporary Housing Community.
A. Purpose. A Temporary Housing Community is intended to provide temporary housing/shelter for the unhoused while preventing land use conflicts and ensuring safety.
B. Applicability. This Section allows religious, non-profit, and governmental organizations to establish a Temporary Housing Community through a Memorandum of Understanding with the Pierce County Human Services Department. The Director of the Human Services Department may only authorize a Temporary Housing Community upon demonstration that all public health and safety considerations have been adequately addressed and may administratively adjust standards upon providing findings and conclusions that justify requirements. Authorization may be revoked if the County determines that the site is unfit for habitation based on safety, sanitary conditions, or health-related concerns, or if activities have become disorderly or disorganized so as to impact the safety, health, and welfare of the community adjacent to the site.
C. Application. An application for a Temporary Housing Community shall include the following:
1. The dates of the start and termination of the Temporary Housing Community.
2. The maximum number of inhabitants proposed.
3. The location, including parcel number(s) and address(es).
4. The name(s) of the property owner(s).
5. The name of the managing agency and/or sponsor.
6. The proposed operations and security plan.
7. A site plan showing the following:
a. Property lines;
b. Property dimensions;
c. Location and type of fencing/screening;
d. Location and purpose of all support structures (e.g., administrative, security, kitchen, dining, laundry, sanitary areas) or the planned space to be used for such inside an on-site structure;
e. Location and method of providing potable water;
f. Location and method of providing waste receptacles;
g. Location and method of required sanitary stations (e.g., latrines, showers, hygiene, hand washing stations);
h. Location of vehicular access and parking;
i. Location and type of sleeping facilities for each person;
j. Entry/exit control points;
k. Internal pathways, and access routes for emergency services; and
l. Location of any critical areas and their buffers, regulated under Title 18E PCC, and the location of any shorelines and their buffers, regulated under Title 18S PCC, that are on or within 500 feet of the site.
8. A statement from the sponsoring organization regarding its commitment to maintain liability insurance in types and amounts sufficient to cover the liability exposures inherent in the authorized activity during the existence of the Temporary Housing Community.
9. A transition plan for assisting inhabitants in moving to another location when the facility is closed.
10. Notes from a mandatory preapplication meeting with the Human Services Department and the Planning and Public Works Department attended by applicable County representatives from the Pierce County Sheriff's Department and the Tacoma-Pierce County Health Department.
D. Standards and Requirements. A Temporary Housing Community shall be established in accordance with the following standards and requirements:
1. Number of Inhabitants. No more than 60 inhabitants shall be allowed per Temporary Housing Community location. The County may further limit the number of inhabitants as site conditions dictate.
2. Duration of Authorization.
a. The maximum authorization of a Temporary Housing Community shall be 180 consecutive days; setup time for the host site shall not be included in the 180 days. However, the Director of the Human Services Department may amend the Memorandum of Understanding to extend the authorization once for up to an additional 180 days if the Temporary Housing Community has demonstrated continuing need and demonstrated compliance with this Section. An extension shall be requested at least 60 days before the end date of the existing authorization. If an extension is approved, the authorization shall address any appropriate modifications or conditions in the Memorandum of Understanding.
b. Successive authorizations may be approved, beyond the 360 days authorized in subsection D.2.a, with a new Memorandum of Understanding subject to the same process and requirements of this Section, including the same level of Public Notice as specified in subsection F. The Director of the Human Services Department shall not grant successive authorizations if there are any outstanding violations of the existing Memorandum of Understanding. In considering whether to grant successive authorizations, the Director of the Human Services Department shall consider factors such as:
(1) The number of Code compliance cases;
(2) The number of calls placed to police due to disruptions by inhabitants on site;
(3) The number of community engagements, which may include meetings or volunteer opportunities;
(4) A report documenting the status of case management and supportive services offered to inhabitants;
(5) A report documenting efforts to transition inhabitants into other temporary, long-term, or more stable housing.
3. General Standards.
a. A Temporary Housing Community may only return to the same site after six months have elapsed since the removal of the previous Temporary Housing Community.
b. A minimum of one mile shall separate each Temporary Housing Community, except where the Director of the Human Services Department determines that adjusting proximity will not result in an over-concentration of Temporary Housing Communities or an adverse impact to surrounding communities.
c. New permanent structures are prohibited from being constructed within the Temporary Housing Community. Existing permanent structures may be used for sleeping facilities or support services.
d. The sponsoring agency shall work to find more permanent housing solutions and provide case management and supportive services for the inhabitants of the Temporary Housing Community during its operation.
e. An operations structure shall be provided for the site manager. A site manager shall be on site at all times. Persons acting as the site manager shall be awake while on shift to monitor the security of the Temporary Housing Community and be ready and able to alert emergency responders if the need arises.
f. The minimum age for unaccompanied Temporary Housing Community inhabitants is 18 years of age. Individuals under the age of 18 shall only be allowed if accompanied by a guardian.
g. Each inhabitant shall be pre-screened for warrants and a background check shall be completed by the managing agency. The managing agency shall prohibit any prospective inhabitant with an active warrant for a violent or sex offense and shall immediately contact the Pierce County Sheriff's Department.
4. Site Plan. Approval of a final site plan by the Director of the Planning and Public Works Department, or designee, that addresses the following standards:
a. Fencing. Temporary Housing Communities shall be enclosed on all sides with a sight-obscuring fence. Fencing requirements may be waived or modified by the Director of the Planning and Public Works Department if existing buildings, landscaping, topography, or other appropriate measures can screen the use from adjacent properties.
b. Environmental Protection. Temporary Housing Communities are prohibited within shorelines, wetlands, fish and wildlife habitat conservation areas, flood hazard areas, geologically hazardous areas, and the buffers of these areas.
c. Fire and Life Safety. The site plan shall document how the premises are set up and maintained for fire and life safety as approved by the Fire Code Official. At a minimum, this shall address the following:
(1) The placement of temporary structures to provide adequate fire and life safety.
(2) The location and type of any fire suppression systems including the quantity and locations of fire extinguishers.
(3) Adequate access for fire and emergency services, with a minimum of two access points.
(4) No smoking or open flames shall be allowed in sleeping facilities or food preparation areas. Smoking within the Temporary Housing Community shall be within designated smoking areas only.
(5) Electrical inspections shall occur to ensure safe installation of power, if provided, to temporary facilities within the Temporary Housing Community.
(6) An emergency evacuation plan shall be provided that includes:
(a) The contact name and phone number of the site manager and on site manager(s).
(b) Egress paths from sleeping and support facilities to safe assembly areas.
(c) The location of fire extinguishers, fire alarm pull stations, emergency communications devices, or other life safety systems and equipment.
(d) A controlled access plan for inhabitants.
5. Water, Sanitation, and Hygiene Facilities. The following facilities and provisions shall be made available on-site and approved for adequacy and location prior to occupancy by the appropriate authority:
a. Water. An adequate water source shall be made available to the site. Potable water shall be provided by a local water utility or through another means approved by the Tacoma-Pierce County Health Department.
b. Wastewater. Wastewater disposal which drains to a public sanitary sewer system, to an approved portable facility, or to an approved on-site system with adequate capacity for the Temporary Housing Community as approved by the Tacoma-Pierce County Health Department.
c. Solid Waste. Solid waste disposal shall include garbage and recycling containers on site with removal by local utilities and adequate scheduled dumping to prevent overflow. Infectious waste/sharps disposal shall be made available.
d. Sanitary and Hygiene Facilities. Existing and/or portable facilities may be used to meet the following requirements:
(1) Toilets are required at a ratio of 1 per 15 inhabitants, with any fractional numbers rounded up to the next whole number.
(2) Hand washing stations with water, soap, paper towels, and covered garbage cans and recycling containers provided next to the toilets are required at a ratio of 1 per 15 inhabitants, with any fractional numbers rounded up to the next whole number.
(3) Showering facilities are required at a ratio of 1 per 20 inhabitants, with any fractional numbers rounded up to the next whole number.
e. Food Areas. If cooking is to be performed on site, food preparation, storage, and serving areas shall be approved by the Tacoma-Pierce County Health Department and the Fire Code Official, as applicable. At least one food preparation area is required to be equipped with refrigeration, sinks, and cooking equipment. If food is prepared on site, adequate dishwashing facilities shall be available. No children under the age of ten shall be allowed in food preparation or storage areas.
f. Pest Control. A plan to maintain the premises to control insects, rodents, and other pests.
6. Structural Safety. Life safety requirements shall be identified by the Building Code Official and the Fire Code Official during application review.
a. Sleeping facilities within an existing building shall comply with all life safety, Fire Code, and Building Code requirements.
b. Temporary sleeping facilities shall provide appropriate spacing between all temporary, semi-permanent, and permanent structures of all types, materials, and sizes. Appropriate spacing will be determined during application review.
E. Memorandum of Understanding. Authorization of the Temporary Housing Community shall be finalized through a Memorandum of Understanding executed between the applicant and the Pierce County Human Services Department. The Memorandum of Understanding shall include the following in the body of the agreement or in attachments:
1. Conditions of Approval. Documentation of the approved number of site inhabitants and the conditions that must be met for compliance with subsection D. This shall include the ability for Pierce County officials to conduct monthly inspections to ensure adequate health and safety of the facility.
2. Site Plan. Attachment of the final site plan approved by the Planning and Public Works Department.
3. Operations and Security Plan. Documentation of the procedures for the management and maintenance of the Temporary Housing Community in compliance with this Section.
4. Code of Conduct. A written code of conduct for Temporary Housing Community inhabitants, site managers, management agency, sponsor, and volunteers. The code of conduct shall prohibit the on-site use of alcohol and illicit drugs. It shall include remedies for violations by Temporary Housing Community inhabitants of the standards in this Chapter or other applicable regulations.
5. Transition Plan. Documentation of procedures for the cessation of Temporary Housing Community upon expiration or termination of the Memorandum of Understanding.
6. A statement of the right of Temporary Housing Community inhabitants to stay there without charge and seek public health and safety assistance.
7. Documentation on how Temporary Housing Community inhabitants will be able to access social services on site.
8. Statements supporting a Temporary Housing Community inhabitant's ability to interact with the Temporary Housing Community managing agency and/or sponsor, including how inhabitants can express concerns regarding the managing agency and/or sponsor.
9. Contact information for Human Services Department staff and managing agency.
10. If the managing agency receives public funding, a statement of the managing agency's ability to interact with Temporary Housing Community inhabitants using a release of information.
11. Statements supporting any appropriate coordination with local agencies administering the homeless client management information system.
12. If the managing agency receives public funding, a statement prohibiting the managing agency from refusing admission of a Temporary Housing Community inhabitant based solely on age, sex, marital status, sexual orientation, race, creed, color, national origin, veteran or military status, presence of any disability, or use of a service animal.
13. Any other element the Human Services Department deems necessary to protect the health, safety, and welfare for Temporary Housing Community inhabitants and the surrounding community.
14. Any Religious Organization that sponsors or is a managing agency for a Temporary Housing Community may submit to the Director of the Human Services Department a request for relief of any provision herein which is found to pose a substantial burden on the Religious Organization's decisions or actions in locating a Temporary Housing Community. These will be considered for relief provided there is no impairment to the public's health, safety, and welfare.
F. Public Notice. A public meeting led by the managing agency or sponsor shall be held at least seven calendar days prior to finalizing a Memorandum of Understanding for the purpose of providing a forum for discussion of related neighborhood concerns unless the use is in response to a declared emergency.
1. At least 14 calendar days prior to the meeting, the managing agency or sponsor shall post notice of the meeting at the proposed Temporary Housing Community site and at the meeting site.
2. The managing agency or sponsor shall mail notice to all properties, property owners of record, and residents within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the proposed Temporary Housing Community site.
The Human Services Department shall provide the host with a mailing list, if requested. The managing agency or sponsor shall submit to the County an affidavit documenting that the posting and notice requirements have been satisfied.
3. Written notice of the meeting shall be provided to the County at least seven days prior to the meeting. The notice must specify the time, place, and purpose of the meeting, and proposed location of the Temporary Housing Community site. The County shall post notice of the meeting on the County's website.
18A.38.050 Temporary Structures.
A. Temporary Construction Buildings. Temporary structures for the storage of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects. Such buildings shall be removed within 30 days after completion of the project or 30 days following completion of work.
B. Temporary Real Estate Office. One temporary real estate sales office may be located on any new subdivision in any zone; provided the activities of such office shall pertain only to the selling of lots within the approved divisions of land of 5 or more lots or phase of division upon which the office is located. The temporary real estate office shall be removed at the end of a 3-year period measured from the date of the recording of the map of the land division upon which such office is located.
C. Temporary Housing Unit During Construction. A temporary housing unit during construction may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to construct a permanent use or structure on the same lot or tract or abutting property leased or owned by the applicant. Existing dwelling units may be converted to a temporary housing unit. A temporary housing unit is subject to the following:
1. The unit is removed from the site within 30 days after final inspection of the project, or within one year from the date the unit is first moved to the site, whichever may occur sooner.
2. The unit is not located in any required yard.
3. A permit is issued by the Building Division prior to occupancy of the unit on the construction site.
D. Temporary Housing Unit for Family. A temporary housing unit for family is permitted in all zones subject to the following regulations:
1. A permit for a temporary housing unit for family may be issued by the Building Division if the applicant satisfies the criteria set forth in PCC 18A.38.050.D.2 below and attests by affidavit that:
a. The information furnished with the application is true and correct.
b. That the standards and conditions set forth in the permit will remain satisfied as long as the temporary housing unit remains on the site.
2. The following are the minimum standards applicable to a temporary housing unit for family:
a. 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.
b. 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.
c. The temporary housing unit must bear a tag or seal from the Washington Department of Labor and Industries or U.S. HUD for mobile homes/manufactured homes or must meet the current version of ANSI A119.5 for recreational park trailers/park model RVs not exceeding 400 square feet in set-up mode.
d. In the event the Health Department requires the installation of separate water supply and/or sewerage disposal systems, said requirements shall not at a later time constitute grounds for the continuance or permanent location of a temporary housing unit beyond the length of time authorized in the permit or renewal of said permit.
e. Prior to the issuance of a permit, the County shall review the application and may require the installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit.
f. The temporary housing unit shall be removed from the lot or tract of land not more than 30 days from the date the permit expires or occupancy ceases.
3. Permits shall be valid for the period of time the parent or close relative resides in the temporary housing unit; provided, that after obtaining initial approval, annual renewals of the temporary housing permit must be obtained from the Building Official. When obtaining a renewal, the Building Official shall confirm by affidavit from the applicant that the requirements specified herein are satisfied. Application for renewals must be made 60 days before the expiration of the current permit. Renewals of said permits shall be automatically granted if the applicant is in compliance with the provisions herein and no notice of such renewal is required.
E. Temporary Occupancy of Recreational Vehicle, Travel Trailer or Tent. One recreational vehicle, tent, or travel trailer located on a lot of record may be temporarily occupied, for the time period noted in PCC 18A.38.020, subject to compliance with the standards set forth in this Section. Recreational vehicles, travel trailers, or tents located within an approved recreational vehicle park are not subject to the standards set forth in this Section. See PCC 18J.15.210 for regulations applicable to recreational vehicle parks.
1. Temporary occupancy of one recreational vehicle, tent, and/or travel trailer is permitted in all zones when in compliance with the following:
a. Within the urban growth area, only a recreational vehicle, tent, or travel trailer located on a lot developed with a principal dwelling unit may be occupied for the temporary period noted in PCC 18A.38.020. Provided that, however, urban lots located on a Shoreline of the State and within a Shoreline Environment that permits residential or recreational use may host a recreational vehicle, travel trailer, or tent for the temporary period noted in PCC 18A.38.020, whether the lot is developed or undeveloped. All other recreational vehicles, tents, or travel trailers on undeveloped lots located within the urban growth area shall not be occupied for any period of time.
b. Within the rural area, occupancy of a recreational vehicle, tent, or travel trailer may be allowed regardless of whether or not a principal dwelling unit exists on the lot.
c. A recreational vehicle or travel trailer parked on a public or private roadway or the right-of-way or easement for that roadway shall not be occupied.
d. Recreational vehicles shall not be placed in critical areas or their associated buffers.
e. The recreational vehicle, travel trailer, or tent shall be removed from the lot or tract of land on which it is located within 14 days of the expiration of the temporary occupancy period, except that a recreational vehicle and/or travel trailer may remain on site unoccupied if the person or entity in control of the property is the legal or registered owner.
f. A recreational vehicle, travel trailer or tent may be occupied for up to 14 days per year without a temporary use permit.
2. An approval for the temporary occupancy of a tent, travel trailer, or recreational vehicle is valid for a maximum of 120 days when in compliance with PCC 18A.38.050.E.1 above. Extensions of this approval may be granted by the Director on a case-by-case basis, when needed, in situations of undue hardship and provided that efforts to relocate or acquire permanent housing are underway. This time period shall be reduced accordingly by the length of time any other recreational vehicle, travel trailer, or tent was occupied on the same lot as the subject request during the 12 months immediately prior to the request.
F. Temporary Storage in Cargo Containers. Cargo Containers may be placed in the following zones: Community Employment (CE), Employment Center (EC), Employment Corridor (ECOR), Community Center (CC), Mixed Use District (MUD), and Urban Corridor (UCOR) when the following standards are complied with:
1. Materials stored within cargo containers must be directly related to an approved commercial and/or industrial use on site;
2. No storage of hazardous materials may take place within cargo containers;
3. Cargo containers may not be rented for personal or commercial storage uses;
4. Cargo containers must be in compliance with bulk requirements of Development Regulations;
5. Cargo containers may not encumber required parking, aisle or landscaping, and may not block Emergency Vehicle Access or established vehicle routes;
6. No more than five cargo containers may be used for storage associated with industrial uses at a time;
7. No more than two cargo containers may be used for storage associated with commercial uses at one time; and
8. Cargo containers may not be on any site in excess of 180 days within any 12-month period.
G. Public Nuisance Abatement.
1. Designated Public Nuisance Sites.
a. Pierce County Planning and Public Works may arrange for the placement of machinery/equipment on designated public nuisance site or sites otherwise arranged by Pierce County as a temporary use. With authorization provided in either a Superior Court ordered Warrant of Abatement or from the Planning and Public Works Director, temporary on-site activities and/or processes (i.e., waste staging, screening, processing, shredding, chipping, recycling, car crushing) will accommodate public nuisance abatement efforts.
b. Designated property(s) and subsequent on-site activities/processing shall only occur on a temporary basis in order to abate public nuisances as defined in Chapter 8.08 PCC, Public Nuisances, and shall not exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed.
c. Designated property(s) as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.
2. Emergency Proclamation/Declared Disaster.
a. Pierce County may designate either private or public property with authorization of property owner or appropriate controlling agency for the purpose of temporarily receiving, staging and processing waste generated during or after an Executive/State proclaimed Emergency or Federal declaration of Disaster. Designated property may be predetermined or selected at the time of the proclaimed/declared Emergency or Disaster to accommodate emergent debris removal efforts posing an immediate threat to public health and safety or hindering recovery efforts.
b. For the purpose of this Section, an Emergency proclamation or declaration of Disaster may be made by any of the following: Pierce County Executive, Pierce County Council, Washington State Governor, or the President of the United States.
c. Designated property shall only be utilized during, and immediately following a proclaimed Emergency or declared Disaster; not to exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed. Every reasonable effort will be utilized to return the property to its pre-use condition within one year after on-site recovery operations cease.
d. Designated property as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.
H. Shoreline Accessory Uses. Please refer to Title 18S PCC, Development Policies and Regulations – Shorelines, for accessory use standards applicable within a shoreline area.