Pierce County Unincorporated
City Zoning Code
City Zoning Code
18A.70 Nonconforming
Development
18A.70.010 Purpose.
The purpose of Chapter 18A.70 PCC is to provide property owners reasonable alternatives for limited expansion and continuance of nonconformities.
18A.70.020 Applicability.
Chapter 18A.70 PCC applies to lots, structures, and uses which were legally established prior to the adoption, revision, or amendment of Title 18A PCC, and which remain legal, but have become nonconforming as a result of this Title's application. If the County has a Joint Planning Agreement with a city or town for management of land use within the city or town's urban growth area, and the Agreement specifically identifies the use of alternative nonconforming standards within that area, then those standards shall apply.
18A.70.030 General Provisions.
General regulations apply to all nonconforming uses, structures, developments, and lots. Limited exceptions to the standards are allowed through an Administrative Nonconforming Use Permit or a Nonconforming Use Permit.
A. Expansion of Nonconforming Uses and Structures. Nonconforming uses and structures shall not be enlarged, expanded, extended, replaced, or altered except as expressly permitted in this Chapter.
B. Expansion Beyond Original Parcel. Nothing in this Section shall be construed to permit expanding or extending a nonconforming use or structure beyond the confines of the lot or parcel of land upon which it was located on the date the use or structure became nonconforming; provided that limited parking area expansion may be permitted beyond the confines of the parcel or lot in accordance with PCC 18A.70.040.A.4.
C. Continuation of Use. A nonconforming use may be continued by successive owners or tenants provided the use is not abandoned.
D. Normal Upkeep, Repairs, and Maintenance. Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any nonconforming building or structure or part thereof shall be permitted subject to the provisions of this Section.
E. Compliance with Development Regulations. Any additions or expansions of nonconforming uses or nonconforming structures shall comply with applicable development regulations; provided, that portions of nonconformities that legally existed prior to adoption of this Section shall not be subject to this provision.
F. Nonconforming Use Within a Structure. A nonconforming use within an existing structure which is nonconforming by reason of zone classification may be extended throughout such structure.
G. Nonconforming Uses Not Contained in a Structure. "Nonconforming use not contained in a structure" includes, but is not limited to, the stockpiling of materials such as landscape materials, fill dirt, building materials or the storage/parking of vehicles and equipment. When required for an application for confirmation of nonconforming use, documentation of uses not contained in a structure shall be in the form of a site plan or aerial photo provided by the property owner. Such documentation must clearly depict the portions of the property occupied by the nonconforming use on a specific date and time. County staff will conduct an on-site inspection and review existing county records, including aerial photographs, to verify the information provided by the property owner.
H. Structures and Uses Accessory to Residential. Structures and uses accessory to an existing nonconforming residential use shall be allowed as provided in Chapter 18A.37 PCC, Accessory Development – Residential.
I. Replacement of Structures. Where a nonconforming structure exists, the structure can be replaced or altered; provided the original size and location of the structure is not increased or relocated in a manner which increases the degree of nonconformity or creates additional impacts.
18A.70.040 Expansion of a Nonconforming Use.
A. Expansion of nonconforming uses, nonconforming use of structures, and nonconforming use of land shall be subject to the following provisions:
1. Alteration, enlargement, or expansion of a nonconforming single-family use located on a legal lot of record is allowed outright when the new construction complies with the standards in PCC 18A.15.040, Setback and Height Standards, and other applicable requirements of Pierce County Code (PCC). This Section shall also apply to each dwelling unit when two or more single-family dwellings exist on a parcel.
2. Alteration, enlargement, or expansion of a nonconforming use or structure which is necessary to accommodate handicapped accessibility requirements, fire code, or other life safety related Code requirements is allowed outright when said modification is mandated by local, state, or federal standards.
3. Expansion of nonconforming uses and structures, except as described in PCC 18A.70.040.A.1 and 18A.70.040.A.2 above, may be allowed pursuant to Table 18A.70.040-1 below and the following provisions:
a. Expansions of a nonconforming use of a structure shall be based on the total floor area of the structure(s) at the time the use became nonconforming;
b. Expansions of a nonconforming use or development into undeveloped portions of the lot or parcel shall be based on the developed area of the lot or parcel at the time the use or development became nonconforming;
c. Expansions of additional sites in mobile home parks or RV parks shall be based on existing pad sites in a mobile home park or RV park at the time the park became nonconforming;
d. Expansions of additional dwelling units in multi-family developments shall be based on the number of dwelling units existing at the time the development became nonconforming; and
e. Expansions of mobile home parks, RV parks, and multi-family developments shall be based on the existing developed area for the mobile home park, RV park, or multi-family development at the time the use became nonconforming.
4. A one-time expansion of employee parking areas may be authorized in conjunction with an existing nonconforming use and may be established beyond the confines of the parcel or lot on which the nonconforming use is located pursuant to the permitting requirements set forth in Table 18A.70.040-2 and the following provisions:
a. The total area of off-site parking expansion shall not exceed 1 acre. All proposed off-site parking expansion areas shall be included when calculating the total area. Perimeter landscaping areas shall be excluded from the area calculation;
b. Off-site parking expansion areas shall be located adjacent to the parcel containing the nonconforming use being served by the parking area expansion. For purposes of determining adjacency, parking areas separated from the nonconforming use solely by right-of-way shall be considered to be adjacent;
c. Off-site parking expansion areas shall be utilized exclusively for employee parking only. Use of such areas for semi-trailer truck parking, storage, materials storage, or any use other than employee parking purposes shall be prohibited. A notice shall be recorded on the title of the property prior to the issuance of permits for the parking lot construction acknowledging these use restrictions. No rights for future expansion of the nonconforming use to the parking area shall be conferred and no such expansion shall be permitted. The right to utilize the property for employee parking shall terminate in the event that the nonconforming use associated with the parking area is discontinued or in the event that the property ceases to be utilized for employee parking for a period of one year or more;
d. Lighting of off-site employee parking areas shall not be required. Where lighting is provided, it shall be for pedestrian and accent lighting only and shall not exceed 4 feet in height. The lighting shall be shielded so as to minimize light intrusion onto adjacent properties and shall be located greater than 50 feet from adjacent parcels utilized for residential purposes;
e. Off-site parking areas shall be landscaped and screened as follows:
(1) A perimeter landscape buffer shall be required along the perimeter of the parking area. This landscape buffer shall meet the requirements of a Landscape Level 2 buffer except where adjacent to a public or private roadway or easement where a Landscape Level 1 buffer shall be required.
(2) The interior of parking lot areas shall be landscaped in accordance with the requirements set forth in PCC 18J.15.090; and
(3) A continuous 6-foot solid board fence shall be erected along the perimeter of the parking area where the parking area is adjacent to any parcel utilized for residential purposes.
5. A request to expand shall take into consideration other expansions that have been approved pursuant to this Section, and shall count towards the maximum percentages set forth in Table 18A.70.040-1; provided, that off-site employee parking areas established pursuant to PCC 18A.70.040.A.4 shall be excluded.
6. Table 18A.70.040-1 sets forth the percentages of expansion that are Permitted Outright, through an Administrative Nonconforming Use Permit issued by the Director, or through a Nonconforming Use Permit issued by the Examiner.
7. All expansions must comply with the following conditions. Where a proposed expansion is subject to the granting of an Administrative Nonconforming Use Permit or a Nonconforming Use Permit, the applicant must demonstrate, in the application, that the proposed expansion will comply with the following conditions:
a. The proposed alteration, enlargement, expansion, or replacement of the nonconforming use is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;
b. The proposed alteration, enlargement, expansion, or replacement will not introduce any hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;
c. The expanded use and associated structures will comply with the requirements of PCC 18A.70.030.E;
d. The proposed alteration, enlargement, expansion, or replacement will result in improvements in functionality or safety and in exterior appearance, screening, access or other features which will make the use or structure more compatible with allowed uses;
e. The proposed alteration, enlargement, expansion, or replacement is consistent with and furthers the goals of the Comprehensive Plan, and applicable Community Plan, and will not detract from the intent of the Comprehensive Plan, and applicable Community Plan, and any implementing regulation;
f. There will be no significant increase in the amount of smoke, dust, noise, vibration, odor, fumes, or glare;
g. There will be no significant adverse impact due to the hours or times of operation;
h. If within an adopted community plan area, the applicable site design and landscaping/planting standards set forth in Title 18J PCC shall be met for the entire site to achieve maximum screening and buffering.
8. The applicant has the burden of proving that the proposed alteration, enlargement, expansion, or replacement of the nonconforming use meets the criteria set forth in this Chapter.
9. When the Director issues an Administrative Nonconforming Use Permit, the Director may require modifications or impose conditions to ensure the proposed alteration, enlargement, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.
10. When the Examiner issues a Nonconforming Use Permit, the Examiner may require modifications or impose conditions to ensure the proposed alteration, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.
11. The applicant may elect or the Examiner or Director may require that the development occur in phases. The Examiner shall establish phasing time limits, and identify the phases in which necessary infrastructure, traffic mitigation, critical areas, or other requirements are completed. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit that is required as a result of a violation of the Pierce County Code may not be phased.
12. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit may be denied if the applicant has not met the burden of showing that the proposed alteration, enlargement, expansion, or replacement can satisfy the criteria set forth in this Chapter.
Table 18A.70.040-1. Nonconforming Standards – Maximum Percent Expansion Allowed (1) | ||||
|---|---|---|---|---|
Use Categories | Zone Classifications | |||
Employment Centers (2) | Urban Centers – Urban Districts (2) | Urban Residential (2) | Rural and Resource Area (2) | |
Residential – Civic – Resource | ||||
Single Family Detached Two-Family Housing | Refer to PCC 18A.70.040.A.1 and 2. for expansion standards for single-family and two-family dwellings. | |||
Nonconforming use | 5/10/15 | 5/10/15 | 5/15/20 | 10/25/more than |
Nonconforming development | 5/10/15 | 5/10/15 | 5/15/20 | 25/33/more than |
Office/Business – Commercial | ||||
Nonconforming use | 5/15/40 | 5/15/40 | 5/10/15 | 10/25/more than |
Nonconforming development | 5/15/35 | 5/15/35 | 5/10/15 | 25/33/more than |
Utilities – Industrial | ||||
Nonconforming use | 5/20/40 | 5/10/15 | 5/10/15 | 10/25/more than |
Nonconforming development | 5/20/35 | 5/10/15 | 5/10/15 | 25/33/more than |
(1) The maximum expansion of a nonconforming use is permitted pursuant to PCC 18A.70.040.A.4 (2) Expansions numbers in Table indicate percentages: Permitted Outright/Administrative Nonconforming Use Permit/Nonconforming Use Permit. | ||||
Table 18A.70.040-2. Nonconforming Standards – Off-Site Parking Expansion | ||||
|---|---|---|---|---|
Use Categories | Zone Classifications | |||
Employment Centers | Urban Centers – Urban Districts | Urban Residential | Rural and Resource Area | |
Residential – Civic – Resource | Not allowed | P | P | Not allowed |
Office/Business – Commercial | A | P | A | Not allowed |
Utilities – Industrial | P | A | N | Not allowed |
Parking area shall comply with the standards set forth in PCC 18A.35.040. P – Permitted, A – Administrative Nonconforming Use Permit, N – Nonconforming Use Permit | ||||
18A.70.050 Change of Use Standards for Nonconforming Uses.
A. A nonconforming use may change to a conforming use allowed within the zone classification in which the use is located or to another nonconforming use of equal or lesser intensity. When determining intensity, the Director may consider impacts including, but not limited to, traffic, impervious surface, size and scale, noise, glare, dust, and hours of operation. These standards shall not be used to accomplish any of the following:
1. Add additional nonconforming uses to an existing nonconforming use;
2. Convert a nonconforming residential use type to a commercial use type;
3. Convert development on the pads in a nonconforming mobile home park from mobile home, manufactured home, or RV to a dwelling unit type other than mobile home, manufactured home, or RV except as provided in subsection B below; or
4. Convert to a use which would require a land use approval in the existing zone classification without first obtaining such approval.
B. The conversion of pads to other single-family housing types is allowed within a nonconforming mobile home park provided the following standards are met:
1. The mobile home park must be adjacent to the Urban Growth Area boundary.
2. The mobile home park is already constructed with roads and utilities.
3. The mobile home park spaces are vacant and have not been previously occupied by mobile or manufactured homes.
4. The stick-built home is built within the same area allowable for a mobile home replacement subject to any boundary adjustments that may otherwise be allowed by law.
5. Setbacks established for the mobile home park or sufficient separation to meet Pierce County Fire Codes must be met.
6. No more stick-built single-family homes would be allowed than the number of allowed mobile home spaces/pads.
7. Existing infrastructure may be used unless upgrades are necessary to meet fire or health standards.
18A.70.060 Nonconforming Structures.
A. A nonconforming structure may be enlarged, altered, or replaced provided PCC 18A.70.030, General Provisions, is satisfied, and provided:
1. When a nonconforming structure is occupied by a nonconforming use it shall comply with the Expansion Standards of this Section;
2. A structure which is nonconforming due to height or yard requirements may be structurally altered, enlarged, or replaced provided the degree of nonconformity is not extended or increased; and
3. If the nonconforming portion of the structure is expanded or the footprint of the structure is altered in a way that exceeds the applicable bulk standards, then a variance is required (see PCC 18A.75.040).
18A.70.070 Nonconforming Lots.
Any permitted uses or structures, including any accessory uses or structures permitted in conjunction with a principal use, shall be allowed to be built or expanded on a nonconforming lot. Any new construction pursuant to this subsection shall comply with the applicable standards in the Title 18 series of Development Regulations.
18A.70.080 Nonconforming Development.
When a use or structure is expanded or new uses and structures are added in compliance with the requirements of this Chapter, the expanded/new portion of the nonconforming development must be brought into conformance with the Pierce County Code.
18A.70.090 Restoration Standards for Damaged or Destroyed Nonconforming Structures and Uses.
A. Any nonconforming structure damaged or destroyed by fire, explosion, wind, flood, earthquake, or other calamity may be completely restored or reconstructed. Damaged or destroyed nonconforming structures must be restored under the following provisions:
1. Restoration or reconstruction shall not serve to extend or increase the nonconformance of the original structure or use except as provided by PCC 18A.70.040, Expansion Standards, and PCC 18A.70.060, Nonconforming Structures Standards.
2. Permits shall be applied for within one year of damage. Restoration or reconstruction must be substantially completed within 18 months of permit issuance. When deemed reasonable and necessary, the Examiner may grant a time extension through an Appeal of an Administrative Decision.
18A.70.100 Burdens of Proof.
A. Whenever an owner or applicant claims to have nonconforming rights, the initial burden shall be on the owner and/or applicant to prove, by a preponderance of evidence, that the nonconforming use or development was lawfully established prior to the change in zoning regulations that made the use or development nonconforming. The owner or applicant shall submit an application for confirmation of nonconforming use and submit all relevant evidence to the Planning and Public Works Department for review, research, and a determination.
B. In cases where the County is alleging that the nonconforming use or development has been abandoned:
1. The County shall show, by a preponderance of evidence, that there was an intent to abandon along with an overt act, or failure to act, that is consistent with abandonment. Intent may be inferred from acts or failures to act. Examples of "overt acts" or "failures to act" include, but is not limited to, discontinuance of the use for more than two years, allowing the structures on the property to fall into disrepair, closing or changing the business, failure to renew a business-related license, written or oral statements evidencing an intent to abandon.
2. The owner and/or applicant may rebut the County's evidence of abandonment by showing there was no intent to abandon. Such evidence includes, but is not limited to, actively marketing the current business for sale or lease or evidence showing that the business was suspended due to protracted litigation or emergencies.
3. The examples listed in this Section are intended to be illustrative only and not an exclusive list of required factors. The Examiner or Director may take into consideration the totality of evidence to determine if the parties have met their respective burdens and to determine if a nonconforming use has been abandoned.
18A.70.110 Termination of Type of Nonconforming Use.
Where the Council determines by Ordinance that a type of nonconforming use is a nuisance or is determined to the public health, safety, or welfare, that type of use may be terminated according to a reasonable amortization timetable.
18A.70.010 Purpose.
The purpose of Chapter 18A.70 PCC is to provide property owners reasonable alternatives for limited expansion and continuance of nonconformities.
18A.70.020 Applicability.
Chapter 18A.70 PCC applies to lots, structures, and uses which were legally established prior to the adoption, revision, or amendment of Title 18A PCC, and which remain legal, but have become nonconforming as a result of this Title's application. If the County has a Joint Planning Agreement with a city or town for management of land use within the city or town's urban growth area, and the Agreement specifically identifies the use of alternative nonconforming standards within that area, then those standards shall apply.
18A.70.030 General Provisions.
General regulations apply to all nonconforming uses, structures, developments, and lots. Limited exceptions to the standards are allowed through an Administrative Nonconforming Use Permit or a Nonconforming Use Permit.
A. Expansion of Nonconforming Uses and Structures. Nonconforming uses and structures shall not be enlarged, expanded, extended, replaced, or altered except as expressly permitted in this Chapter.
B. Expansion Beyond Original Parcel. Nothing in this Section shall be construed to permit expanding or extending a nonconforming use or structure beyond the confines of the lot or parcel of land upon which it was located on the date the use or structure became nonconforming; provided that limited parking area expansion may be permitted beyond the confines of the parcel or lot in accordance with PCC 18A.70.040.A.4.
C. Continuation of Use. A nonconforming use may be continued by successive owners or tenants provided the use is not abandoned.
D. Normal Upkeep, Repairs, and Maintenance. Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any nonconforming building or structure or part thereof shall be permitted subject to the provisions of this Section.
E. Compliance with Development Regulations. Any additions or expansions of nonconforming uses or nonconforming structures shall comply with applicable development regulations; provided, that portions of nonconformities that legally existed prior to adoption of this Section shall not be subject to this provision.
F. Nonconforming Use Within a Structure. A nonconforming use within an existing structure which is nonconforming by reason of zone classification may be extended throughout such structure.
G. Nonconforming Uses Not Contained in a Structure. "Nonconforming use not contained in a structure" includes, but is not limited to, the stockpiling of materials such as landscape materials, fill dirt, building materials or the storage/parking of vehicles and equipment. When required for an application for confirmation of nonconforming use, documentation of uses not contained in a structure shall be in the form of a site plan or aerial photo provided by the property owner. Such documentation must clearly depict the portions of the property occupied by the nonconforming use on a specific date and time. County staff will conduct an on-site inspection and review existing county records, including aerial photographs, to verify the information provided by the property owner.
H. Structures and Uses Accessory to Residential. Structures and uses accessory to an existing nonconforming residential use shall be allowed as provided in Chapter 18A.37 PCC, Accessory Development – Residential.
I. Replacement of Structures. Where a nonconforming structure exists, the structure can be replaced or altered; provided the original size and location of the structure is not increased or relocated in a manner which increases the degree of nonconformity or creates additional impacts.
18A.70.040 Expansion of a Nonconforming Use.
A. Expansion of nonconforming uses, nonconforming use of structures, and nonconforming use of land shall be subject to the following provisions:
1. Alteration, enlargement, or expansion of a nonconforming single-family use located on a legal lot of record is allowed outright when the new construction complies with the standards in PCC 18A.15.040, Setback and Height Standards, and other applicable requirements of Pierce County Code (PCC). This Section shall also apply to each dwelling unit when two or more single-family dwellings exist on a parcel.
2. Alteration, enlargement, or expansion of a nonconforming use or structure which is necessary to accommodate handicapped accessibility requirements, fire code, or other life safety related Code requirements is allowed outright when said modification is mandated by local, state, or federal standards.
3. Expansion of nonconforming uses and structures, except as described in PCC 18A.70.040.A.1 and 18A.70.040.A.2 above, may be allowed pursuant to Table 18A.70.040-1 below and the following provisions:
a. Expansions of a nonconforming use of a structure shall be based on the total floor area of the structure(s) at the time the use became nonconforming;
b. Expansions of a nonconforming use or development into undeveloped portions of the lot or parcel shall be based on the developed area of the lot or parcel at the time the use or development became nonconforming;
c. Expansions of additional sites in mobile home parks or RV parks shall be based on existing pad sites in a mobile home park or RV park at the time the park became nonconforming;
d. Expansions of additional dwelling units in multi-family developments shall be based on the number of dwelling units existing at the time the development became nonconforming; and
e. Expansions of mobile home parks, RV parks, and multi-family developments shall be based on the existing developed area for the mobile home park, RV park, or multi-family development at the time the use became nonconforming.
4. A one-time expansion of employee parking areas may be authorized in conjunction with an existing nonconforming use and may be established beyond the confines of the parcel or lot on which the nonconforming use is located pursuant to the permitting requirements set forth in Table 18A.70.040-2 and the following provisions:
a. The total area of off-site parking expansion shall not exceed 1 acre. All proposed off-site parking expansion areas shall be included when calculating the total area. Perimeter landscaping areas shall be excluded from the area calculation;
b. Off-site parking expansion areas shall be located adjacent to the parcel containing the nonconforming use being served by the parking area expansion. For purposes of determining adjacency, parking areas separated from the nonconforming use solely by right-of-way shall be considered to be adjacent;
c. Off-site parking expansion areas shall be utilized exclusively for employee parking only. Use of such areas for semi-trailer truck parking, storage, materials storage, or any use other than employee parking purposes shall be prohibited. A notice shall be recorded on the title of the property prior to the issuance of permits for the parking lot construction acknowledging these use restrictions. No rights for future expansion of the nonconforming use to the parking area shall be conferred and no such expansion shall be permitted. The right to utilize the property for employee parking shall terminate in the event that the nonconforming use associated with the parking area is discontinued or in the event that the property ceases to be utilized for employee parking for a period of one year or more;
d. Lighting of off-site employee parking areas shall not be required. Where lighting is provided, it shall be for pedestrian and accent lighting only and shall not exceed 4 feet in height. The lighting shall be shielded so as to minimize light intrusion onto adjacent properties and shall be located greater than 50 feet from adjacent parcels utilized for residential purposes;
e. Off-site parking areas shall be landscaped and screened as follows:
(1) A perimeter landscape buffer shall be required along the perimeter of the parking area. This landscape buffer shall meet the requirements of a Landscape Level 2 buffer except where adjacent to a public or private roadway or easement where a Landscape Level 1 buffer shall be required.
(2) The interior of parking lot areas shall be landscaped in accordance with the requirements set forth in PCC 18J.15.090; and
(3) A continuous 6-foot solid board fence shall be erected along the perimeter of the parking area where the parking area is adjacent to any parcel utilized for residential purposes.
5. A request to expand shall take into consideration other expansions that have been approved pursuant to this Section, and shall count towards the maximum percentages set forth in Table 18A.70.040-1; provided, that off-site employee parking areas established pursuant to PCC 18A.70.040.A.4 shall be excluded.
6. Table 18A.70.040-1 sets forth the percentages of expansion that are Permitted Outright, through an Administrative Nonconforming Use Permit issued by the Director, or through a Nonconforming Use Permit issued by the Examiner.
7. All expansions must comply with the following conditions. Where a proposed expansion is subject to the granting of an Administrative Nonconforming Use Permit or a Nonconforming Use Permit, the applicant must demonstrate, in the application, that the proposed expansion will comply with the following conditions:
a. The proposed alteration, enlargement, expansion, or replacement of the nonconforming use is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;
b. The proposed alteration, enlargement, expansion, or replacement will not introduce any hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;
c. The expanded use and associated structures will comply with the requirements of PCC 18A.70.030.E;
d. The proposed alteration, enlargement, expansion, or replacement will result in improvements in functionality or safety and in exterior appearance, screening, access or other features which will make the use or structure more compatible with allowed uses;
e. The proposed alteration, enlargement, expansion, or replacement is consistent with and furthers the goals of the Comprehensive Plan, and applicable Community Plan, and will not detract from the intent of the Comprehensive Plan, and applicable Community Plan, and any implementing regulation;
f. There will be no significant increase in the amount of smoke, dust, noise, vibration, odor, fumes, or glare;
g. There will be no significant adverse impact due to the hours or times of operation;
h. If within an adopted community plan area, the applicable site design and landscaping/planting standards set forth in Title 18J PCC shall be met for the entire site to achieve maximum screening and buffering.
8. The applicant has the burden of proving that the proposed alteration, enlargement, expansion, or replacement of the nonconforming use meets the criteria set forth in this Chapter.
9. When the Director issues an Administrative Nonconforming Use Permit, the Director may require modifications or impose conditions to ensure the proposed alteration, enlargement, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.
10. When the Examiner issues a Nonconforming Use Permit, the Examiner may require modifications or impose conditions to ensure the proposed alteration, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.
11. The applicant may elect or the Examiner or Director may require that the development occur in phases. The Examiner shall establish phasing time limits, and identify the phases in which necessary infrastructure, traffic mitigation, critical areas, or other requirements are completed. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit that is required as a result of a violation of the Pierce County Code may not be phased.
12. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit may be denied if the applicant has not met the burden of showing that the proposed alteration, enlargement, expansion, or replacement can satisfy the criteria set forth in this Chapter.
Table 18A.70.040-1. Nonconforming Standards – Maximum Percent Expansion Allowed (1) | ||||
|---|---|---|---|---|
Use Categories | Zone Classifications | |||
Employment Centers (2) | Urban Centers – Urban Districts (2) | Urban Residential (2) | Rural and Resource Area (2) | |
Residential – Civic – Resource | ||||
Single Family Detached Two-Family Housing | Refer to PCC 18A.70.040.A.1 and 2. for expansion standards for single-family and two-family dwellings. | |||
Nonconforming use | 5/10/15 | 5/10/15 | 5/15/20 | 10/25/more than |
Nonconforming development | 5/10/15 | 5/10/15 | 5/15/20 | 25/33/more than |
Office/Business – Commercial | ||||
Nonconforming use | 5/15/40 | 5/15/40 | 5/10/15 | 10/25/more than |
Nonconforming development | 5/15/35 | 5/15/35 | 5/10/15 | 25/33/more than |
Utilities – Industrial | ||||
Nonconforming use | 5/20/40 | 5/10/15 | 5/10/15 | 10/25/more than |
Nonconforming development | 5/20/35 | 5/10/15 | 5/10/15 | 25/33/more than |
(1) The maximum expansion of a nonconforming use is permitted pursuant to PCC 18A.70.040.A.4 (2) Expansions numbers in Table indicate percentages: Permitted Outright/Administrative Nonconforming Use Permit/Nonconforming Use Permit. | ||||
Table 18A.70.040-2. Nonconforming Standards – Off-Site Parking Expansion | ||||
|---|---|---|---|---|
Use Categories | Zone Classifications | |||
Employment Centers | Urban Centers – Urban Districts | Urban Residential | Rural and Resource Area | |
Residential – Civic – Resource | Not allowed | P | P | Not allowed |
Office/Business – Commercial | A | P | A | Not allowed |
Utilities – Industrial | P | A | N | Not allowed |
Parking area shall comply with the standards set forth in PCC 18A.35.040. P – Permitted, A – Administrative Nonconforming Use Permit, N – Nonconforming Use Permit | ||||
18A.70.050 Change of Use Standards for Nonconforming Uses.
A. A nonconforming use may change to a conforming use allowed within the zone classification in which the use is located or to another nonconforming use of equal or lesser intensity. When determining intensity, the Director may consider impacts including, but not limited to, traffic, impervious surface, size and scale, noise, glare, dust, and hours of operation. These standards shall not be used to accomplish any of the following:
1. Add additional nonconforming uses to an existing nonconforming use;
2. Convert a nonconforming residential use type to a commercial use type;
3. Convert development on the pads in a nonconforming mobile home park from mobile home, manufactured home, or RV to a dwelling unit type other than mobile home, manufactured home, or RV except as provided in subsection B below; or
4. Convert to a use which would require a land use approval in the existing zone classification without first obtaining such approval.
B. The conversion of pads to other single-family housing types is allowed within a nonconforming mobile home park provided the following standards are met:
1. The mobile home park must be adjacent to the Urban Growth Area boundary.
2. The mobile home park is already constructed with roads and utilities.
3. The mobile home park spaces are vacant and have not been previously occupied by mobile or manufactured homes.
4. The stick-built home is built within the same area allowable for a mobile home replacement subject to any boundary adjustments that may otherwise be allowed by law.
5. Setbacks established for the mobile home park or sufficient separation to meet Pierce County Fire Codes must be met.
6. No more stick-built single-family homes would be allowed than the number of allowed mobile home spaces/pads.
7. Existing infrastructure may be used unless upgrades are necessary to meet fire or health standards.
18A.70.060 Nonconforming Structures.
A. A nonconforming structure may be enlarged, altered, or replaced provided PCC 18A.70.030, General Provisions, is satisfied, and provided:
1. When a nonconforming structure is occupied by a nonconforming use it shall comply with the Expansion Standards of this Section;
2. A structure which is nonconforming due to height or yard requirements may be structurally altered, enlarged, or replaced provided the degree of nonconformity is not extended or increased; and
3. If the nonconforming portion of the structure is expanded or the footprint of the structure is altered in a way that exceeds the applicable bulk standards, then a variance is required (see PCC 18A.75.040).
18A.70.070 Nonconforming Lots.
Any permitted uses or structures, including any accessory uses or structures permitted in conjunction with a principal use, shall be allowed to be built or expanded on a nonconforming lot. Any new construction pursuant to this subsection shall comply with the applicable standards in the Title 18 series of Development Regulations.
18A.70.080 Nonconforming Development.
When a use or structure is expanded or new uses and structures are added in compliance with the requirements of this Chapter, the expanded/new portion of the nonconforming development must be brought into conformance with the Pierce County Code.
18A.70.090 Restoration Standards for Damaged or Destroyed Nonconforming Structures and Uses.
A. Any nonconforming structure damaged or destroyed by fire, explosion, wind, flood, earthquake, or other calamity may be completely restored or reconstructed. Damaged or destroyed nonconforming structures must be restored under the following provisions:
1. Restoration or reconstruction shall not serve to extend or increase the nonconformance of the original structure or use except as provided by PCC 18A.70.040, Expansion Standards, and PCC 18A.70.060, Nonconforming Structures Standards.
2. Permits shall be applied for within one year of damage. Restoration or reconstruction must be substantially completed within 18 months of permit issuance. When deemed reasonable and necessary, the Examiner may grant a time extension through an Appeal of an Administrative Decision.
18A.70.100 Burdens of Proof.
A. Whenever an owner or applicant claims to have nonconforming rights, the initial burden shall be on the owner and/or applicant to prove, by a preponderance of evidence, that the nonconforming use or development was lawfully established prior to the change in zoning regulations that made the use or development nonconforming. The owner or applicant shall submit an application for confirmation of nonconforming use and submit all relevant evidence to the Planning and Public Works Department for review, research, and a determination.
B. In cases where the County is alleging that the nonconforming use or development has been abandoned:
1. The County shall show, by a preponderance of evidence, that there was an intent to abandon along with an overt act, or failure to act, that is consistent with abandonment. Intent may be inferred from acts or failures to act. Examples of "overt acts" or "failures to act" include, but is not limited to, discontinuance of the use for more than two years, allowing the structures on the property to fall into disrepair, closing or changing the business, failure to renew a business-related license, written or oral statements evidencing an intent to abandon.
2. The owner and/or applicant may rebut the County's evidence of abandonment by showing there was no intent to abandon. Such evidence includes, but is not limited to, actively marketing the current business for sale or lease or evidence showing that the business was suspended due to protracted litigation or emergencies.
3. The examples listed in this Section are intended to be illustrative only and not an exclusive list of required factors. The Examiner or Director may take into consideration the totality of evidence to determine if the parties have met their respective burdens and to determine if a nonconforming use has been abandoned.
18A.70.110 Termination of Type of Nonconforming Use.
Where the Council determines by Ordinance that a type of nonconforming use is a nuisance or is determined to the public health, safety, or welfare, that type of use may be terminated according to a reasonable amortization timetable.