Tacoma, WA Zoning Ordinance

Tacoma City Zoning Code

CHAPTER 13

05 Land Use Permits and Procedures

§ 13.05.010 Land use permits.

Conditional Use Permits (CUPs).

Purpose. In many zones there are uses that may be compatible but because of their size, operating characteristics, potential off-site impacts and/or other similar reasons warrant special review on a case-by-case basis. The purpose of the conditional use permit review process is to determine if such a use is appropriate at the proposed location and, if appropriate, to identify any additional conditions of approval necessary to mitigate potential adverse impacts and ensure compatibility between the conditional use and other existing and allowed uses in the same zoning district and in the vicinity of the subject property. The zoning district use tables identify which uses require a conditional use permit. These uses may be authorized by the Director or Hearing Examiner in accordance with the procedures established in this Chapter and the applicable criteria outlined below.

General criteria. Unless otherwise excepted, all conditional use permit applications shall be subject to the following criteria:

There shall be a demonstrated need for the use within the community at large which shall not be contrary to the public interest.

The use shall be consistent with the goals and policies of the Comprehensive Plan, any adopted neighborhood or community plan, and applicable ordinances of the City of Tacoma.

For proposals that affect properties that are listed individually on the Tacoma Register of Historic Places, or are within historic special review or conservation districts, the use shall be compatible and consistent with applicable historic preservation standards, and goals, objectives and guidelines of the historic or conservation districts. Proposed actions or alterations inconsistent with historic standards or guidelines as determined by the Landmarks Commission are a basis for denial.

The use shall be located, planned, and developed in such a manner that it is not inconsistent with the health, safety, convenience, or general welfare of persons residing or working in the community. The following shall be considered in making a decision on a conditional property use:

(1)

The generation of noise, noxious or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(2)

Availability of public services which may be necessary or desirable for the support of the use. These may include, but shall not be limited to, availability of utilities, transportation systems (including vehicular, pedestrian, and public transportation systems), education, police and fire facilities, and social and health services.

(3)

The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties.

Conditional uses and height.

Since certain conditional uses have intrinsic characteristics related to the function or operation of such uses, which may necessitate buildings or other structures associated with such uses to exceed the height limits of the zoning districts in which the conditional uses may be located, the Director or Hearing Examiner may authorize the height of buildings or other structures associated with the following conditional uses to exceed the height limit set forth in the zoning district in which such uses are located; provided, such height is consistent with the criteria contained in subsection 2 of this section:

(1)

Airports;

(2)

Religious assembly;

(3)

Schools, public or private;

(4)

Public service facilities;

(5)

Hospitals;

(6)

Wireless communication towers or wireless facilities;

(7)

Utilities;

(8)

Park and recreation;

(9)

Surface Mining.

In order to ensure that the location and character of these uses will be compatible with the Comprehensive Plan, a review and decision by the Director or Hearing Examiner are required prior to the issuance of any conditional use permit.

Conditional use permits and historic properties. For proposals affecting properties that are listed individually on the Tacoma Register of Historic Places, or are within historic special review or conservation districts, the Director shall refer the complete application to the Landmarks Preservation Commission for comment regarding whether the proposal appears to meet applicable historic guidelines and standards.

Special needs housing. Applications for conditional use permits for special needs housing facilities shall be processed in accordance with the standard procedures and requirements for conditional use permits, with the following additional requirements.

Pre-application community meeting. Prior to submitting an application for a conditional use permit to the City, the applicant shall hold a public informational meeting with adjacent community members. The purpose of the meeting is to provide an early, open dialogue between the applicant and the neighborhood surrounding the proposed facility. The meeting should acquaint the neighbors of the proposed facility with the operators and provide for an exchange of information about the proposal and the community, including the goals, mission, and operation and maintenance plans for the proposed facility; the background of the operator, including their capacity to own, operate, and manage the proposed facility; and the characteristics of the surrounding community and any particular issues or concerns of which the operator should be made aware. The applicant shall provide written notification of the meeting to the appropriate neighborhood council, qualified neighborhood and community organizations, and to the owners of property located within 400 feet of the project site.

Pre-application site inspection. Prior to submitting an application for a conditional use permit to the City, the applicant shall allow for an inspection by the appropriate Building Inspector and appropriate Fire Marshall to determine if the facility meets the Building and Fire Code standards for the proposed use. The purpose of this inspection is not to ensure that a facility meets the applicable Code requirements or to force an applicant to bring a proposed facility up to applicable standards prior to application for a conditional use permit, but instead, is intended to ensure that the applicant, the City, and the public are aware, prior to making application, of the building modifications, if any, that would be necessary to establish the use.

Required submittals. Applications for conditional use permits for special needs housing facilities shall include the following:

(1)

A Land Use Permit Application containing all of the required information and submissions set forth in Section 13.05.010 for conditional use permits.

(2)

Written confirmation from the applicant that a pre-application public meeting has been held, as required under subsection a. above.

(3)

Demonstration of inspection by the appropriate Fire Marshal and Building Inspector, as required under subsection b. above, to include a description of any necessary building modifications identified during the inspection.

(4)

An Operation Plan that provides information about the proposed facility and its programs, per the requirements of Planning and Development Services.

Review criteria. In addition to the General Criteria, a conditional use permit for a special needs housing facility shall only be approved upon a finding that such facility is consistent with all of the following criteria:

(1)

There is a demonstrated need for the use due to changing demographics, local demand for services which exceeds existing facility capacity, gaps in the continuum of service, or an increasing generation of need from within the community.

(2)

The proposed use is consistent with the goals and policies of the City of Tacoma Comprehensive Plan, any adopted neighborhood or community plan, and the City of Tacoma Consolidated Plan for Housing and Community Development.

(3)

The proposed location is or will be sufficiently served by public services which may be necessary or desirable for the support and operation of the use. These may include, but shall not be limited to, availability of utilities, access, transportation systems, education, police and fire facilities, and social and health services.

(4)

The use shall be located, planned, and developed such that it is not inconsistent with the health, safety, convenience, or general welfare of persons residing in the facility or residing or working in the surrounding community. The following shall be considered in making a decision:

(a)

The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety and the ability of the proponent to mitigate any potential impacts.

(b)

The provision of adequate off-street parking, on-site circulation, and site access.

(c)

The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties, to include the following development criteria:

•	All program activities must take place within the facility or in an appropriately designed private yard space.
•	Adequate outdoor/recreation space must be provided for resident use.

(d)

Compatibility of the proposed structure and improvements with surrounding properties, including the size, height, location, setback, and arrangements of all proposed buildings, facilities, and signage, especially as they relate to less intensive, residential land uses.

(e)

The generation of noise, noxious, or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(5)

Demonstration of the owner’s capacity to own, operate, and manage the proposed facility, to include the following:

(a)

Provision of an operation plan which will provide for sufficient staffing, training, and program design to meet the program’s mission and goals.

(b)

Provision of a maintenance plan which will provide for the exterior of the building and site to be maintained at a level that will not detract from the character of the surrounding area, including adequate provision for litter control and solid waste disposal.

(c)

Demonstration of knowledge of the City’s Public Nuisance Code, TMC Chapter 8.30, and plans to educate the facility staff in the provisions of the nuisance code.

(d)

Participation in the City’s Multi-Family Crime-Free Housing program by both the property owner and by on-site staff.

(e)

Provision of a point of contact for the facility to both the Neighborhood Council and the City.

(f)

Written procedures for addressing grievances from the neighborhood, City, and facility residents.

Concomitant agreement. Upon issuance of a conditional use permit for a special needs housing facility, the applicant shall sign and record with the Pierce County Auditor a notarized concomitant agreement. Such agreement shall be in a form specified by Planning and Development Services and subject to the approval of the City Attorney, and shall include as a minimum: (a) the legal description of the property which has been permitted for the special needs housing facility, and (b) the conditions of the permit and applicable standards and limitations. The property owner shall submit proof that the concomitant agreement has been recorded prior to issuance of a certificate of occupancy by Planning and Development Services. The concomitant agreement shall run with the land as long as the facility is maintained on the property. The property owner may, at any time, apply to Planning and Development Services for termination of the concomitant agreement. Such termination shall be granted upon proof that the facility no longer exists on the property.

An application for a conditional use permit for a special needs housing facility shall also comply with the standards in § 13.06.080N Special Needs Housing.

The Director may, when appropriate, utilize other staff or outside parties in the review of such applications.

Adaptive reuse of a heritage building.

In addition to the General Criteria, a conditional use permit for the reuse of a heritage building, defined as any primary structure or substantial portion thereof built 50 or more years ago located in a residential zoning district, for one of the below listed uses (where not otherwise allowed by the underlying zoning) shall be authorized only if it can be found to be consistent with all of the following criteria. This provision shall be limited to only parcels that contain structures and sites that contain a heritage building, subject to limitations and standards outlined below and applicable to that use. In granting such a conditional use permit the Director or Hearing Examiner may attach thereto such conditions regarding the location, character, orientation, layout, access and other features of the proposed development as may be deemed necessary to ensure consistency with the intent of the TMC and Comprehensive Plan and ensure that use of the building and site will be compatible with the existing, historic attributes of the building and site and surrounding uses.

The proposed re-use shall promote the preservation and/or restoration of the heritage building(s) on the site by providing an economically viable continued occupancy and use of a structure which otherwise could be at risk of demolition.

If the structure or site is a designated historic landmark, then proposed development activities shall be subject to the requirements of TMC Chapter 13.07.

To be eligible, all of the following must be applicable to the site:

(1)

The site is located in a Residential (R) or Urban Residential (UR) District.

(2)

These provisions are limited to heritage buildings as defined above and in TMC § 13.01.060H.

Exterior alterations. One of the purposes of these provisions is to encourage the retention of existing structures for their enrichment of the area’s unique history and character. For this reason, proposed development is expected to be consistent with the standards related to exterior alterations in TMC § 13.06.080T. However, deviance from these standards may be considered through the CUP review. Such deviation shall be identified and specifically requested by the applicant. With such a request, the applicant must explain why the deviation is necessary and how the proposal still meets the spirit and intent of the section.

Use limitations. To ensure compatibility with nearby residential uses, the development is expected to be consistent with the use standards related to use of exterior space and hours of operation in TMC § 13.06.080T. However, deviance from these standards may be considered through the CUP review, considering site context and mitigating measures. Such deviation shall be identified and specifically requested by the applicant. With such a request, the applicant must explain why the deviation is necessary and how the proposal still meets the spirit and intent of the section. The specific use type limitations listed below are not eligible for deviation.

The proposed use(s) shall be limited to the following:

•	Assembly facilities
•	Commercial recreation/entertainment
•	Continuing care retirement communities
•	Craft production
•	Cultural institutions, including art galleries
•	Dwellings
•	Eating and drinking
•	Extended care facilities
•	Group housing
•	Intermediate care facilities
•	Live/Work
•	Offices
•	Personal services
•	Retail
•	Retirement homes
•	Short-term rentals
•	Theater

Conditions. In addition to the standards listed above, the Director may attach conditions to ensure that the applicable criteria are met.

Permitted special use and conditional use standards comparison. Adaptive reuse of a heritage building is permitted by-right subject to Special Use standards as well as Conditional Use Permit approval. Whereas some eligibility and use standards are common to both, the CUP review provides an opportunity to request deviation from the exterior alterations (§ 13.06.080T.4.c) and use standards (§ 13.06.080T.4.a) as described above.

Uses in the South Tacoma M/IC Overlay District. When required, a conditional use permit for a use within the ST-M/IC South Tacoma Manufacturing/Industrial Overlay Zoning District, shall be authorized only if it can be found to be consistent with all of the following criteria:

There shall be a demonstrated need for the use within the community at large which shall not be contrary to the public interest.

The use shall be consistent with the goals and policies of the Comprehensive Plan, any adopted neighborhood or community plan, and applicable ordinances of the City of Tacoma.

(1)

The generation of noise, noxious or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(2)

(3)

The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties.

Freight movement will not be negatively impacted by the proposed use and related traffic generation.

The proposed use is not located adjacent to or within 500 feet of a primary rail or truck access for an industrial or manufacturing use.

The proposed use is not likely to negatively impact adjacent industrial and manufacturing uses or displace an existing industrial or manufacturing user.

Duplex, triplex and townhouse development in NRX Districts. In addition to the General Criteria for conditional use permits, a conditional use permit for a duplex, triplex or townhouse in the NRX District shall only be approved upon a finding that such development is consistent with all of the following additional criteria:

The intent and regulations of the NRX district.

The proposed use and development shall be compatible with the quality and character of surrounding residential development, shall be designed in a manner consistent with existing neighboring structures, and shall not be materially detrimental to the overall residential environment and character of the general area. In the case of conversion of an existing single-unit dwelling to a two-or three-unit dwelling, the existing architectural features shall be maintained to the maximum extent practicable.

Pre-existing uses. Pre-existing uses which were not required to obtain a Conditional Use Permit at the time they were developed, but which have subsequently become Conditional Uses, shall be viewed for zoning purposes in the same manner as if they had an approved Conditional Use Permit authorizing the extent of development as of August 1, 2011. If proposed modifications or expansions to such uses exceed the Major Modification thresholds of Section 13.05.130C, or for park and recreation facilities the expansion/modification thresholds of Section 13.06.080L, a Conditional Use Permit will be required for the new development activities proposed.

10.

Large scale retail.

Purpose. The purpose of the conditional use permit review process for large scale retail uses is to determine if the proposal is appropriate in the location and manner proposed and, recognizing the size and scale of such developments and their significant impact on the ability for the community to achieve its long-term vision and goals, to ensure that such developments represent an exceptional effort to support the intent and policies of the Comprehensive Plan and respond to the vision, issues, and concerns of the specific neighborhood. It is critical to ensure that such proposals incorporate design strategies, beyond the typical design and development standards, that will ensure such projects represent a positive contribution to the community and mitigate their size, scale, traffic volumes, and other potential impacts that are typically associated with large scale retail developments.

Applicability. This section shall apply to the development of large scale retail uses that exceed the applicable size thresholds for the zoning district in which the proposal is located (as noted in the use tables found in Sections 13.06.030, 13.06.040, and 13.06.060). This section shall not apply to existing large scale retail uses or the reuse of existing buildings, unless such projects involve additions to the existing building(s) that exceed the minor modification thresholds in Section 13.05.130 or expansions within buildings permitted after February 16, 2012, that exceed 50 percent of the previously permitted use area.

Criteria. Where allowed, a conditional use permit for a large scale retail use shall only be approved upon a finding that such development is consistent with all of the General Criteria and all of the following additional decision criteria below. For projects that involve expansions to an existing large retail use but do not involve significant building expansion these additional decision criteria shall be applied as deemed appropriate by the Hearing Examiner, recognizing the limitations of incorporating significant site design modifications as part of such a remodel/expansion project.

(1)

The proposed development is designed in a manner that allows for future reuse of the building(s) by multiple tenants. This may be accomplished by incorporating a variety of different design elements, including provision of several tenant spaces of varying sizes within the building(s) or the ability to practicably modify the building(s) in the future with building separations and modifications to access, mechanical systems, and other components that would accommodate multi-tenant reuse.

(2)

The design of off-street parking areas represent a substantial effort to ensure enhanced pedestrian safety and comfort. Appropriate parking lot design strategies include segmenting surface parking areas into smaller groupings with interspersed buildings, pedestrian features, frequent pedestrian pathways, landscaping, and other focal points, limiting the quantity of off-street parking provided, and/or provision of structured parking for a portion of the on-site parking provided.

(3)

The type and volume of traffic and existing and proposed traffic pattern allows for accessibility for persons and various modes of transportation. Adequate landscaping, screening, open spaces, and/or other development components are provided as necessary to mitigate the traffic impact upon neighboring properties. In addition, pedestrian-oriented design is further emphasized within Mixed-Use Centers to maintain connectivity between uses and all modes of transportation, including bicycle, pedestrian, and mass transit options.

(4)

Business activity, including delivery and hours of operation, is limited to avoid unnecessary noise and light impacts to surrounding residential uses. Outdoor storage or garden areas are appropriately screened from view or contained within a structure.

(5)

In Mixed-Use Centers, the design of the overall development represents an exceptional effort to positively contribute to the desired and planned character of the district, as outlined in the Comprehensive Plan. This may be accomplished through incorporation of enhanced development features, such as providing a variety of uses, structured parking, multiple floors to allow for smaller building footprints, incorporation of residential units within the building or overall development site, smaller-scale storefront design along the street level, Low-Impact Development BMPs and Principles, and a diverse array of public spaces, including indoor and outdoor spaces, active and passive spaces, and plazas and garden spaces.

(6)

For projects on sites along a designated pedestrian street or core pedestrian street (see Sections 13.06.010D) the site and building design provides a significant emphasis on pedestrian-orientation over vehicular-orientation. This may be accomplished through encouraging direct, continuous, and regular pedestrian access, incorporating an internal pedestrian circulation system that provides connections between buildings, through parking areas, to the street and transit linkages, and to surrounding properties and neighborhoods, incorporating continuous and active uses and spaces along pedestrian street frontages and internal pedestrian pathways, and limiting conflicts between pedestrians and vehicles, particularly along the designated street.

Pre-application community meeting. Prior to submitting an application to the City for a conditional use permit for a large scale retail use, it is recommended that the applicant hold a public informational meeting with adjacent community members. The purpose of the meeting is to provide an early, open dialogue between the applicant and the neighborhood surrounding the proposed development. The meeting should acquaint the neighbors of the proposed development with the applicant and/or developers and provide for an exchange of information about the proposal and the community, including the characteristics of the proposed development and of the surrounding area and any particular issues or concerns of which the applicant should be made aware. It is recommended that the applicant provide written notification of the meeting, at least 30 calendar days prior to the meeting date, to the appropriate neighborhood council pursuant to TMC Chapter 1.45 and neighborhood business district pursuant to TMC Chapter 1.47, qualified neighborhood and community organizations, and to the owners of property located within 1,000 feet of the project site.

Upon issuance, the Hearing Examiner’s decision may be appealed subject to procedures contained in Chapter 1.23.

11.

Discontinued conditional uses. Any authorized conditional use that has been discontinued for a period of three or more years may not be reestablished or recommenced except pursuant to a new conditional use permit. The Director may, in specific cases, authorize an extension of up to one year. In reviewing requests for this extension, the Director shall consider the following:

Impacts to the community that may result from the reestablishment of the use; and

Whether a reasonable effort has been made by the owner/applicant to maintain the property and use.

12.

Master plan process for conditional uses. Master plans provide conditional uses the flexibility to receive overall approval of long-term development plans which may occur in phases and extend beyond the standard timeframe for conditional use permits. This process is especially appropriate for large, campus-like facilities with multiple uses and/or buildings that may undergo continuous expansion/improvement. The master plan serves as an overall review in which general development intentions are outlined, implementation phasing is determined and conditions, improvements, and mitigations are outlined consistent with the project phases. The decision shall identify the duration of the master plan approval, any required periodic reviews, and any additional future notification and review requirements, which may be appropriate for future phases that may not have complete detail in the initial master plan approval.

13.

Change of use or expansion of nonconforming uses and structures. A conditional use permit for a change of use or expansion of a nonconforming use or structure that exceeds the standards of this section shall only be approved upon a finding that such development is consistent with all of the General Criteria for conditional use permits, and all of the following criteria below.

A rezone of the site would be inappropriate;

The change or expansion of the nonconforming use will have a positive impact on the surrounding uses and the area overall;

To the extent practicable, the nonconforming use or structure comes into compliance with the following development standards that apply to the site per the least intensive zoning district in which the use is allowed:

(1)

Landscaping and buffering;

(2)

Pedestrian and bicycle support standards;

(3)

Off-street parking and storage areas.

14.

Correctional or detention facilities.

Pre-application community meeting. Prior to submitting an application to the City for a conditional use permit for a correctional or detention facility, it is required that the applicant hold a public informational meeting with community members. The purpose of the meeting is to provide an early, open dialogue between the applicant and the neighborhood surrounding the proposed development. The meeting should acquaint the neighbors of the proposed development with the applicant and/or developers and provide for an exchange of information about the proposal and the community, including the characteristics of the proposed development and of the surrounding area and any particular issues or concerns of which the applicant should be made aware. The applicant shall provide written notification of the meeting, at least 30 calendar days prior to the meeting date, to the appropriate neighborhood council pursuant to TMC Chapter 1.45 and neighborhood business district pursuant to TMC Chapter 1.47, qualified neighborhood and community organizations, and to the owners of property located within 1,000 feet of the project site.

15.

Surface mining. In addition to the General Criteria, the applicant shall submit plans and other necessary information justifying the proposed use or uses as follows:

Plans for surface mining shall consist of a topographic map showing ten-foot contours, with cross-sections to show the topography of the property and its relation to streets, alleys, and surrounding property, and a map showing the extent of the proposed surface mining and the finished contours of the ground after the removal of the material and replacement of topsoil has been completed.

The plans shall be reviewed by the Department of Public Works, and the Department of Environmental Services which shall advise the Director regarding the effect of the intended surface mining upon streets and alleys, either existing or contemplated, and adjoining properties.

The Director, before issuing a conditional use permit, shall make a finding whether the proposed surface mining will interfere with logical future development of the tract for building or other purposes in accordance with the Comprehensive Plan.

Surface Mining is also subject to the standards in § 13.06.080, Subsection O.

16.

Juvenile community facilities. The Director’s decision shall be based on the applicable goals and policies of the Comprehensive Plan and applicable ordinances of the City, the Conditional Use General Criteria , and the additional following criteria:

The extent to which the proposed location furthers the equitable distribution (“fair sharing”) of essential public facilities within various areas of the City.

The extent to which the applicant has demonstrated that the facility will be made secure. The applicant shall submit a proposed security plan to the Director for review. The security plan shall address, but is not limited to, the following:

(1)

Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the facility, methods of checking the records of persons sponsoring outings for juvenile community facility residents, and policies on penalties (i.e., placement back in the prison system for drug or alcohol use by residents); and

(2)

Qualified staff numbers, level of responsibilities, and scheduling.

The extent to which the applicant can demonstrate that the site size and building size is adequate for housing the requested number of residents. A copy of the American Corrections Association (“ACA”) Residential Standards shall be supplied with the project application to demonstrate compliance with this criterion. The Hearing Examiner, Director, or other designated administrative body shall take into consideration, but not be limited to, the ACA Residential Standards and Title 2.

The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained.

The extent to which the landscape plan of the facility meets the requirements of the zone while allowing visual supervision of the residents of the facility.

The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas.

The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation.

Verification from DSHS, or applicable federal authority, that the proposed juvenile community facility meets DSHS standards, or the standards of the applicable federal authority, for such facilities and that the facility will meet state and local laws and requirements.

Juvenile Community Facilities are also subject to the standards in § 13.06.080H.

17.

Work release centers. A conditional use permit is required for new or expanding work release centers in the UCX, CIX, M-1, and M-2 Districts. The Director’s decision shall be based on the applicable goals and policies of the Comprehensive Plan and applicable ordinances of the City, the Conditional Use General Criteria and the additional following criteria:

The extent to which the proposed location furthers the equitable distribution (“fair sharing”) of essential public facilities within various areas of the City, unless otherwise provided by state law.

The extent to which the applicant can demonstrate that the site size and building size is adequate for housing the requested number of residents. A copy of the ACA Residential Standards shall be supplied with the project application to demonstrate compliance with this criteria. The Hearing Examiner, Director, or other designated administrative body shall take into consideration, but not be limited to, the ACA Residential Standards and Title 2.

The extent to which the facility’s landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation.

Verification from the DOC, or applicable federal authority, that the proposed work release center meets DOC standards, or the standards of the applicable federal authority, for such facilities and that the facility will meet state and local laws and requirements.

Work Release Centers are also subject to standards in § 13.06.080R, Work Release Centers.

18.

Parks and recreation.

Applicability. The review process provisions of this section apply to all parks, recreation and open space uses in residential zones.

The following park and recreation features and facilities require a Conditional Use Permit in residential zones, unless exempt per subsection f below (Distance based conditional use permit exemption). The following definitions are intentionally descriptive, rather than proscriptive, to provide clarity while retaining adequate flexibility to accommodate future trends in park and recreational activities.

(1)

Destination facilities: Zoos, stadiums, community centers, recreation centers, indoor or outdoor swimming pools, indoor recreational facilities, and similar large-scale buildings or facilities providing a site or forum for sports, events, major gatherings, exhibitions or similar activities. Destination facilities are likely to attract a substantial proportion of users from beyond the immediate neighborhood.

(2)

High-intensity recreation facilities: Outdoor sports fields, athletic facilities, specialized recreation facilities (e.g., spray parks, dog parks, skateboard parks), and other facilities accommodating high-intensity outdoor recreational activities. High-intensity recreation facilities are likely to attract a substantial proportion of users from beyond the immediate neighborhood. In some cases, high-intensity recreation facilities are defined by the presence of multiple sports fields, courts or other features which, when taken together, are likely to become attractions beyond the immediate neighborhood. The following features, or combinations of features, constitute high-intensity outdoor recreation facilities. These thresholds could be exceeded either through a single development action, or cumulatively (for example, a second sports field added to a site already developed with one, would constitute a high-intensity recreational facility).

(a)

Two or more baseball, softball, football, soccer, rugby or similar sports fields improved with permanent sports and/or spectator features;

(b)

Two or more basketball courts or four or more half basketball courts;

(c)

Four or more tennis, handball or similar sports courts;

(d)

Specialized high-intensity recreation facilities with a site footprint greater than 1,500 square feet;

Small-scale neighborhood-serving recreation facilities, play structures or equipment, picnic tables and shelters, street furniture, pervious fields without permanent sports, recreation or spectator facilities, and small-scale sports or recreation features dispersed within a substantially larger site do not constitute high-intensity recreation facilities.

High-intensity lighting. Flood lighting associated with, and bright enough to enable, organized team and/or spectator-oriented night-time sports, recreational or other outdoor events. Parking lot lighting, pedestrian-scale lighting and security lighting do not constitute high-intensity lighting per this definition.

Parking. Development of more than 20 off-street parking spaces associated with a parks, recreation or open space use.

Expansions or modifications of existing Conditional park and recreation facilities shall require review as follows:

(1)

Expansions or modifications to Destination facilities, High-intensity lighting and Parking are subject to the Major Modification thresholds of Section 13.05.130.

(2)

High-intensity recreation facilities: Expansions or modifications exceeding one or more of the following thresholds shall require a Major Modification:

(a)

Exceeds one or more of the numerical thresholds for specific types of high-intensity recreation facilities listed above. For example, development of two or more sports fields, or expansion of a specialized recreation facility by 1,500 square feet or more, requires a Major Modification.

(b)

Exceeds any of the Major Modification thresholds of Section 13.05.130, with the exception that high-intensity recreation facilities are not subject to limitations for total site structures, or to total site impervious surface.

Distance-based conditional use permit exemption.

(1)

This provision modifies the review process for certain park and recreation features and facilities which would otherwise be conditional, when they are located far enough away that impacts to residential neighborhoods would be limited. Most potential impacts decrease with distance. However, substantial traffic, noise and light generation can cause impacts over longer distances.

(2)

Except for destination facilities and high-intensity lighting, park and recreation uses and facilities listed as conditional features above are exempt from the Conditional Use Permit requirement if located more than 1,000 feet from any other residentially zoned property.

Pre-existing parks, recreation, open space and school uses which were not required to obtain a Conditional Use Permit at the time they were developed, but which have subsequently become Conditional Uses, shall be viewed for zoning purposes in the same manner as if they had an approved Conditional Use Permit authorizing the extent of development as of August 1, 2011. If proposed modifications or expansions to such uses exceed the Major Modification thresholds of Section 13.05.130 or the expansion/modification thresholds of this Section, a Conditional Use Permit will be required for the new development activities proposed.

Development regulation agreements. Per the provisions of TMC § 13.05.050, Development Regulation Agreements are an optional application procedure for major projects in key locations. In the case of park, recreation and open space uses, DRAs may facilitate application review by encompassing one or more features defined as Conditional in this section; and, DRAs can authorize alternative development standards and additional land uses to those authorized by the zoning district, that support and complement the plan and functions of a major park, recreation or open space location.

Park and Recreation Facilities shall also meet the standards in § 13.06.080L, Parks, recreation and open space.

19.

Wireless communication facilities.

For Conditional Use Permits, in addition to the General Criteria, any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant’s grid system. Further, the applicant must demonstrate, by engineering evidence, that the height requested is the minimum height necessary to fulfill the site’s function within the grid system, and that collocation on existing facilities is not feasible. If a technical dispute arises, the Director may require a third-party technical study to resolve the dispute. The cost of the technical study shall be borne by the applicant or wireless service provider.

Application for conditional use permit and building permit shall include the following:

(1)

All the required submittals set forth in Section 13.06.080Q.

(2)

Photo-simulations of the proposed facility. The required photo-simulations shall be taken from at least four line-of-site views. The photo-simulations shall be labeled as to the view depicted, the maximum height and elevation of the structure, including antennas, the elevation from which the photo-simulation was taken, proposed color scheme, and method of screening.

(3)

A current map showing the location of the proposed tower and associated wireless service facilities, the locations of other wireless service facilities operated by the applicant, and those proposed by the applicant that are within the City or outside of the City, but within one-half mile of the City boundary.

(4)

The approximate distance between the proposed tower or antenna and the nearest residentially-zoned property.

(5)

At the time of site selection, the applicant should demonstrate how the proposed site fits into its existing overall network within the City.

(6)

Confirmation from the applicant and/or the applicable Neighborhood Council Board (“NCB”) that a pre-application public meeting has been held, or is scheduled to occur (unless the requirement for the meeting has been waived by the NCB), with the applicant to discuss the siting of the proposed wireless communication tower or antenna and any issues related to such siting.

In addition to these criteria, proposed Wireless Communication Facilities shall meet the standards in § 13.06.080Q, Wireless Communication Facilities.

20.

Downtown Master Planned Development (DMPD).

Applicability. Any development meeting the following criteria may qualify as a Downtown Master Planned Development:

(1)

The development site is at least 50,000 square feet. Development sites that have lot area located on both sides of a street are considered contiguous for the purposes of calculating site size; however, right-of-way may not be included in the calculation unless its air rights are vacated.

(2)

The development meets the Basic Design Standards and Additional Standards as required.

(3)

The development complies with at least four of the Design Standards for Increasing Allowable FAR.

(4)

The development provides one Special Feature.

(5)

The development is governed by a master plan that describes, in detail, building footprints, massing, heights, public spaces and pedestrian connections, and architectural characteristics.

Qualifying development meeting the aforementioned criteria may include particular buildings or portions of buildings exceeding the maximum height limits specified in Section 13.06.050, provided that other buildings or portions of buildings on the site are built at least 25 percent below the allowable maximum height limit of the zoning district.

In no case can the maximum allowable FAR for the zoning district be exceeded except as otherwise provided.

21.

Chemical manufacturing, processing, and wholesale distribution.

Decision: hearing examiner.

In addition to the general conditional use criteria, Chemical manufacturing, processing, and wholesale distribution must demonstrate the following when a conditional use permit is required:

(1)

Consultation:

•

Planning and Development Services staff will seek input from the Tacoma Fire Department, Tacoma-Pierce County Health Department, Tacoma Community and Economic Development Department, Puyallup Tribe of Indians, and any other subject matter expert necessary to determine the potential risks and impacts of the proposed facility, as well as appropriate mitigation measures.

(2)

Public health and safety:

•	The property on which the proposed facility is to be located must not expose large concentrations of people, particularly in residential and commercial areas, to unreasonable adverse impacts. In applying this criteria the City shall consider impacts to employee-dense businesses in the Tideflats as well as to detention/correctional facilities and people detained within those facilities.
•	The lot is located, or the use can be appropriately mitigated, to avoid any adverse impacts on receipt or utilization of federal funding for affordable housing and community development in adjacent residential and mixed-use areas, with particular attention given to Trust Lands of the Puyallup Tribe of Indians. The City will consider the current methodology for Acceptable Separation Distances as published by the Department of Housing and Urban Development in determining appropriate separation distances and on-site mitigation measures for this purpose.
•	The applicant shall submit a management plan. The City will determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation, spill prevention, and other factors may be required.
•	The City may impose conditions of approval limiting the nature of the materials produced and/or the scale of manufacturing operations in order to minimize the degree and severity of risks to public health and safety.

(3)

Emergency services and risk management:

•	The project shall not result in any increased risk of spill within the waters of Puget Sound and Commencement Bay. Updated spill response and emergency response plans shall be provided with the application, for review by all appropriate agencies;
•	Plans and sufficient, realistic performance bonding for decommissioning and failure incidents are provided to ensure that the site will be rehabilitated after the use or activity is completed, terminated, or abandoned;
•	Permit applicant to provide proof of insurance naming City of Tacoma as additional insured.
•	Any adverse impacts to emergency services or increased demands for emergency services necessary to ensure the health and safety of employees and surrounding communities shall be mitigated concurrently with the proposed use or development.

(4)

Shoreline resources and shorelines of statewide significance. For uses within the shoreline, with a shoreline facility, or that propose to transport products and materials via marine vessel, the following criteria apply, with consideration given to the potential off-site impacts resulting from transport:

•	There will be no likely long-term significant adverse impacts to shoreline resources or uses, or shorelines of statewide significance;
•	All feasible steps are taken to avoid and minimize adverse social and economic impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and recreational, commercial, and tribal fishing;
•	All feasible steps are taken to avoid and minimize adverse impacts to fish and wildlife, including impacts on migration routes and habitat areas of species listed as endangered or threatened, environmentally critical and sensitive habitats such as breeding, spawning, nursery, foraging areas and wetlands. All impacts that cannot be avoided can be sufficiently mitigated or compensated so as to achieve no net loss of ecological functions over time.

22.

Urban Residential – Tier 2 Affordable housing bonus. The intent of this section is to provide an optional incentive to religious organizations and/or nonprofits seeking to develop and manage multi-unit projects integrating significant affordable housing, while ensuring reasonable compatibility with neighborhood scale and character and limiting negative impacts to the neighborhood. Applications for conditional use permits for Tier 2 Affordable housing bonuses on land owned by religious organizations or by nonprofit affordable housing providers shall be processed in accordance with the standard procedures for conditional use permits, with the following additional requirements.

Religious organizations as defined by RCW 26.04.007, as amended, as well as nonprofit affordable housing providers, meeting the requirements of these provisions may utilize the land use and development standards of the Tier 2 Affordable housing bonuses in the Urban Residential (UR) Districts.

All the dwelling units in the development must be affordable at 60 percent Area Median Income for rentals or 80 percent of Area Median Income for ownership.

The provisions of TMC Chapter 1.39 Affordable Housing Incentives and Bonuses Administrative Code shall apply. The fee in lieu option is not available for this purpose.

Pre-application site inspection for conversion of an existing building. Prior to submitting an application for a conditional use permit, for conversion of an existing building for use as affordable housing, to the City, the applicant shall allow for an inspection by the appropriate Building Inspector and appropriate Fire Marshall to determine if the facility meets the Building and Fire Code standards for the proposed use. The purpose of this inspection is not to ensure that a facility meets the applicable Code requirements or to force an applicant to bring a proposed facility up to applicable standards prior to application for a conditional use permit, but instead, is intended to ensure that the applicant, the City, and the public are aware, prior to making application, of the building modifications, if any, that would be necessary to establish the use.

If the proposed development will include any special needs housing or on-site social service uses the conditional use permit will also follow and comply with the special needs housing conditional use permit process, criteria and conditions § 13.05.010A.

In reviewing the Conditional Use Permit, the Director may place such conditions as may be necessary to ensure compatibility with the surrounding area, which may include such items as parking location, pedestrian improvements, and building design.

23.

Pre-existing non-residential uses in residential districts.

A conditional use permit may be granted for the replacement, reuse or expansion of existing structures in a residential zoning district for proposals meeting the General Criteria as well as following criteria. The intent of these provisions is to provide flexibility and development opportunities that promote additional housing opportunities and/or neighborhood-oriented and neighborhood-serving non-residential uses, while ensuring reasonable compatibility with neighborhood scale and character and limiting negative impacts to the neighborhood.

To be eligible, all of the following must be applicable to the site:

(1)

The site is located in a residential zoning district.

(2)

The site is less than 1 acre in size.

(3)

The uses and/or structures are either legally nonconforming or legally permitted.

(4)

The primary building(s) or site improvements constructed for a non-residential use are still in place, irrespective of whether they continue to be used for their original purpose.

The proposed use(s) shall be limited to the following:

•	Assembly facilities
•	Continuing care retirement communities
•	Craft production
•	Cultural institutions, including art galleries
•	Dwellings
•	Eating and drinking
•	Extended care facilities
•	Group housing
•	Intermediate care facilities
•	Live/Work
•	Offices
•	Personal services
•	Retail, provided it is primarily neighborhood serving
•	Retirement homes
•	Short-term rentals

Provided that the intent of this section is met, the replacement, reuse or expansion of existing structures and improvements shall be permitted subject to the development standards of the Neighborhood Commercial (C-1) Zoning District, along with any specific standards applied through the conditional use permit to meet that intent.

In some circumstances, the Director or Hearing Examiner may find that proposed development does not meet the neighborhood compatibility intent of this section and should be denied. For example, structures that are substantially taller than the neighborhood average height that do not provide reasonable transitions to neighboring residential development would not meet the intent. In granting such a conditional use permit the Director or Hearing Examiner may attach thereto such conditions regarding the size, location, character, orientation, layout, access and other features of the proposed development as may be deemed necessary to ensure consistency with the intent of the TMC and Comprehensive Plan and ensure that use of the building and site will be compatible with the surrounding area.

For proposals consistent with the provisions of this section, this process provides a remedy to nonconforming status as defined in TMC § 13.06.010L. The requirements of this section and the specific conditions of an approved Conditional Use Permit supersede some or all of the nonconforming standards that might otherwise apply.

24.

Residential Business 2.

Purpose. The purpose of this section is to support entrepreneurship by providing residents with an opportunity to use their homes to engage in small-scale business activities; reduce traffic congestion by providing opportunities for residents to work in their homes and reduce work-related commute trips; and to protect neighborhood character by establishing criteria and standards to ensure that residential business are conducted in a manner that is clearly secondary and incidental to the primary use of the property as residential and do not significantly alter the exterior of the property or affect the residential character of the neighborhood.

Criteria. In addition to the General Criteria, a conditional use permit for a Residential Business 2 shall be authorized only if it can be found to be consistent with all of the following criteria.

(1)

The occupation must be clearly incidental and subordinate to the use of the dwelling as a residence.

(2)

Any outdoor display or storage of materials, goods, supplies, or equipment used in the residential business shall be fully screened from view beyond the site.

(3)

Except for signs permitted below, there shall be no change in the outside appearance of the building or premises, or other visible evidence that the residence is being operated as a residential business, along any street-facing facades.

(4)

A residential business use shall not generate nuisances such as traffic, on-street parking, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.

(5)

Limited on-premises sales of products or stock-in-trade may be permitted in conjunction with a residential business; provided the applicant can clearly demonstrate that such on-premises sales will be consistent with the criteria set forth above.

(6)

The number of people that do not reside on the premises that are engaged in the residential business at the dwelling is not limited, so long as any negative impacts are found to be sufficiently mitigated consistent with the criteria set forth above.

(7)

Public hours of operation. Any aspects of the business that are available to the public shall only be conducted between 8 a.m. to 8 p.m.

(8)

One non-illuminated sign shall be allowed for each dwelling containing a residential business provided the applicant can clearly demonstrate that such on-premises sales will be consistent with the criteria set forth above. The maximum size of the sign shall be determined as a condition based on the proposed use, site characteristics, and surrounding context.

(9)

The Director may attach additional conditions to a residential business license to ensure that the criteria set forth above are met.

25.

Mixed-use residential development, limited.

Applicability. Mixed-use residential development, limited shall be permitted in accordance with the district use table in TMC § 13.06.020E.4, subject to other limitations and standards outlined below and applicable to that use.

Purpose. These provisions permit new mixed-use structures in certain Residential and Urban Residential (UR) zones. Mixed-use development can provide convenient access from residences to places of employment and goods and services and support community goals related to reducing automobile dependence. Mixed-use residential development, limited is also permitted without a Conditional Use Permit at corner sites located adjacent to a designated Pedestrian Street or arterial street within the eligible zoning districts (TMC § 13.06.080U). The non-residential use is also subject to specific area cap. These CUP provisions provide a path to locate Mixed-use residential development, limited elsewhere within these zoning districts and without the specific area cap subject to general and specific CUP criteria. A table comparing the two allowances is provided below. The CUP review also allows the addition of conditions that mitigate any negative impacts commercial uses might pose to surrounding residential uses.

General standards.

(1)

To be eligible, all of the following must be applicable to the site:

(a)

The site is located in a UR-3, R-4, and R-5 zoning district.

Use standards.

(1)

All development must conform to the Special Use standards contained in § 13.06.080U.4, except § 13.06.080U.4(3), which limits non-residential uses to 3,000 sq. ft. cumulatively.

Criteria. In addition to the General Criteria, the Director may attach conditions to ensure that the applicable criteria and use standards are met.

Permitted special use and conditional use standards comparison. Mixed-use residential development, limited is permitted by-right subject to Special Use standards and with fewer restrictions subject to Conditional Use Permit approval. Whereas some eligibility and use standards are common to both, they differ in important ways. The table below identifies which aspects are shared and which are different.

Standard	Special Use, by-right	Conditional Use	Comparison
Eligibility	UR-3, R-4, or R-5 zoning; Pedestrian Street or arterial street frontage; and corner site	UR-3, R-4, or R-5 zoning	Different
Residential use	Must occupy more than 50% of building	Must occupy more than 50% of building	Same
Non-residential use, location	Limited to ground floor; within 100 ft. of a Pedestrian Street or arterial street	Limited to ground floor	Different
Non-residential use, area	Max. 3,000 sq. ft.	No specific area limit	Different
Non-residential use, exterior uses	Max. 50% of interior space, use and storage limited to public hours of operation	Max. 50% of interior space, use and storage limited to public hours of operation	Same
Hours of operation	Public hours limited to 8 a.m. to 8 p.m.	Public hours limited to 8 a.m. to 8 p.m.	Same
Non-residential uses	Limited to specified uses	Limited to specified uses	Same

Variances.

Administration.

All variances shall be processed in accordance with provisions of Chapter 13.05. Certain regulatory relief may be sought consistent with sections below that provide for potential variances in specified development situations.

A minor variance is one in which the code relief requested is within 10 percent of the quantified standard contained in the code and shall be processed in accordance with § 13.05.070B. Minor variances may be granted for quantitative development regulations other than height, accessory building height, design, sign regulations, and off street quantity standards. Examples of quantitative standards are building setback, parking quantity, lot size, and minimum density requirements.

A variance is one in which the code relief requested is beyond the threshold outlined above for minor variances and shall be processed in accordance with § 13.05.070C.

Both types of variances shall be subject to the same decision criteria found in this section. Minor variances shall not be granted for height in the View Sensitive Overlay District and for qualitative standards to which a 10 percent threshold would not apply.

In the exercise of their powers to grant variances to, or interpret, the regulations contained in this chapter, the Director and Hearing Examiner may not, by any act or interpretation, change the allowed use of a structure or land, change the boundaries of a zoning district, or change the zoning requirements regulating the use of land.

Specified variances.

Variance to development regulations (bulk, area).

(1)

Applicability. These shall include variances to building setbacks, building location, building height, lot coverage, lot area, lot width, lot frontage, yard space, and minimum-density requirements. These shall not include variance to sign development standards, to design standards, parking lot development standards, or off-street parking quantity standards.

(2)

Criteria. The Director may, in specific cases, authorize a variance to the development regulations, subject to the criteria set forth below. In granting a variance, the Director or Hearing Examiner may attach thereto such conditions regarding the location, character and other features of the proposed structure as may be deemed necessary to ensure consistency with the intent of the Code and Comprehensive Plan and to ensure that the use of the site will be as compatible as practicable with the existing development on the site and surrounding uses. In instances in which a variance to building height is approved, no occupiable space above the district height limit shall be added.

(a)

The restrictive effect of the specific zoning regulation construed literally as to the specific property is unreasonable due to unique conditions relating to the specific property, and which do not result from the actions of the applicant, such as: parcel size; parcel shape; topography; location; documentation of a public action, such as a street widening; proximity to a critical area; location of an easement; or character of surrounding uses.

(b)

The requested variance does not go beyond the minimum necessary to afford relief from the specific hardship affecting the site.

(c)

The grant of the variance would allow a reasonable use of the property and/or allow a more environmentally sensitive site and structure design to be achieved than would otherwise be permitted by strict application of the regulation, but would not constitute a grant of special privilege not enjoyed by other properties in the area.

(d)

The grant of the variance will not be materially detrimental or contrary to the Comprehensive Plan and will not adversely affect the character of the neighborhood and the rights of neighboring property owners.

(e)

The grant of the variance will not cause a substantial detrimental effect to the public interest.

(f)

Standardized corporate design and/or increased development costs are not cause for variance.

Accessory buildings – Height.

(1)

Applicability. The construction of an accessory building which exceeds the height limit may be authorized upon a lot in the following instances; provided, in no instance shall the height of an accessory building be allowed to exceed 25 feet, as defined in Chapter 13.01:

(a)

Additional height is necessary to accommodate building door clearance to allow for the storage of a recreational vehicle or trailered boat.

(b)

The subject property is affected by steep topography, which precludes development of detached garages for personal vehicles.

(c)

The subject property is affected by a hardship situation where the rear yard area of a site abuts an alley and the topography of such area is affected by a slope of such severity as to preclude development under this subsection. In this instance, the height of the structure shall be measured from the grade of the abutting alley right-of-way to the highest point of the roofline.

(d)

The additional height is necessary to provide architectural compatibility between the accessory building and the main building, for features such as roof pitch and style.

(2)

Criteria. The Director may, in specific cases, authorize a variance to the height of accessory buildings, subject to the criteria set forth below. All of the following facts and circumstances must exist:

(a)

Additional height shall be the minimum necessary to afford relief.

(b)

The variance is in the interest of the general public.

(c)

The variance is in the general interest of the particular neighborhood.

(d)

For purposes of this variance, the interest of the general public and the general interest of the particular neighborhood are indicated, in part, by the Comprehensive Plan.

View-Sensitive Overlay District – Height.

(1)

Applicability. In the View-Sensitive Overlay District, the construction of a building above the 25-foot height limit will be allowed if approved by the Director; provided, however, the height of a building cannot exceed the height of the underlying zoning district from existing grade or, when applicable, the grade approved by the Director.

(2)

It is intended that the Director balance the interests of the applicant who wishes to build or remodel and the interests of the surrounding property owners who wish to preserve their view. There should be an awareness by all parties involved that every property owner does have the right to build on their property and that the proposed construction will have an impact on neighboring parties. Any negative view impact should be minimized.

(3)

For purposes of this variance, the interest of the general public and the general interest of the particular neighborhood are indicated, in part, by the Comprehensive Plan.

(4)

Criteria. In reviewing requests for this variance, the Director shall consider, but shall not be limited to, the following:

(a)

The extent of the view;

(b)

The impact of the proposed construction on the view from adjacent properties;

(c)

The effect of any possible restrictions on the proposed construction, the character of the area;

(d)

The topography of the site and surrounding properties;

(e)

The variance is in the interest of the general public; and

(f)

The variance is in the general interest of the particular neighborhood.

(5)

Mitigation. The following factors shall be considered as mitigating circumstances which may make approval of this variance more appropriate:

(a)

Orientation of the ridgeline to minimize view impairment;

(b)

Style of roof;

(c)

Increased setback from the street and/or the side lot line; and

(d)

The placement of the structure(s) on the site.

Design.

(1)

Applicability. These shall include variances to design standards as set forth in Sections 13.06.100 and 13.06.090, with the exceptions of those uses and developments with specific variance criteria and developments contained in Sections 13.06.100B and 13.06.100D for Mixed Use Center and Downtown Districts, respectively. Requests to vary from design standards in Sections 13.06.100B and 13.06.100D are to be processed as an Urban Design Project Review Departure per Section 13.19.040.

(2)

Criteria. The Director or Hearing Examiner may, in specific cases, authorize variances to design standards upon the finding that the variance request meets one of the criteria listed below. Standardized corporate design and/or increased development costs are not cause for variance. Failure to meet an appropriate test shall result in denial of the variance request. The Director or Hearing Examiner may issue such conditions as necessary to maximize possible compliance with the intent of the regulation from which relief is sought. The applicant carries the burden of proof to demonstrate applicability of the appropriate test(s):

(a)

Unusual shape of a parcel established prior to 2002 creates practical difficulties in achieving compliance with the design standard sought to be varied.

(b)

Preservation of a critical area, unique natural feature, or historic building and/or feature creates practical difficulties in achieving compliance with the design standard sought to be varied.

(c)

Widely varied topography of the building site creates practical difficulties in achieving compliance with the design standard sought to be varied.

(d)

Documentation of a pending public action, such as a street widening, creates practical difficulties in achieving compliance with the design standard sought to be varied.

(e)

A proposed alternative design that departs from a requirement that can be demonstrated to provide equal or superior results to the requirement from which relief is sought in terms of quantity, quality, location, and function.

Variance to sign regulations.

(1)

Applicability. Variances to sign regulations found in Section 13.06.090I shall be categorized as one of the following:

(a)

Level 1 Sign Variances: Any sign variance request for up to a 25 percent increase in the permitted sign area or height or to allow an increase in the permitted number of signs. Such variance requests shall be reviewed against the criteria outlined in Section 13.05.010B.2.e(2). In no instance, shall a Level 1 Sign Variance allow the height of a sign to exceed 35 feet or exceed the height of the building it identifies, whichever is lower, if located on a site with freeway frontage.

(b)

Level 2 Sign Variances: Any sign variance request beyond 25 percent of the permitted sign size or height and any request for relief from sign setback, separation, location, or other sign standard not identified above. Such requests shall be reviewed against the criteria outlined in Sections 13.05.010B.2.a and 13.05.010B.2.e(2).

(2)

Criteria. The Director may approve a sign variance for one or more of the following reasons:

(a)

The proposed signage indicates an exceptional effort to create visual harmony between the signs, structures, and other features of the property through the use of a consistent design theme, including, but not limited to, size, materials, color, lettering, and location.

(b)

The proposed signage will preserve a desirable existing design or siting pattern for signs in an area, including, but not limited to, size, materials, color, lettering, and location.

(c)

The proposed signage will minimize view obstruction or preserve views of historically or architecturally significant structures.

(d)

In a shopping center or mixed-use center, the proposed sign plan provides an integrated sign program consistent with the overall plan for the center.

(e)

In a shopping center or mixed-use center, the variance is warranted because of the physical characteristics of the center or site, such as size, shape, or topography, or because of the location of signs in existence on the date of passage of this section.

Variance to parking lot development standards.

(1)

Applicability. These shall include variances to the parking lot development standards (all standards other than quantity) contained in Sections 13.06.090C, 13.06.090D and 13.06.090E, with the exceptions of developments located within a Mixed Use Center and Downtown District. Requests to vary from parking lot development standards within a Mixed Use Center and Downtown District are to be processed as an Urban Design Project Review Departure per Section 13.19.040.

(2)

Criteria. The Director may authorize a variance for one or more of the following reasons:

(a)

Reasonable alternatives are to be provided to said standards which are in the spirit and intent of this chapter; or

(b)

Strict enforcement of the standards would cause undue or unnecessary hardship due to the unique character or use of the property.

Variance to off-street parking quantity standards.

(1)

Applicability. These shall include variances to the required off-street parking quantity standards contained in Section 13.06.090C.

(2)

Criteria. The Director may, in specific cases, authorize a variance to the off-street parking quantity standards. Except under extraordinary circumstances, the standard shall not be reduced by more than 50 percent. The Director or Hearing Examiner may issue such conditions as necessary to maximize possible compliance with the intent of the regulations. The applicant carries the burden of proof to demonstrate applicability of the appropriate criteria. The Director may authorize a variance upon finding that the application is consistent with each of criteria 1 through 3 and at least one of criteria 4 through 7.

(a)

The grant of the variance would allow a reasonable use of the property;

(b)

(c)

The grant of the variance will not cause a substantial detrimental effect to the public interest.

(d)

Approval of the variance would not constitute a grant of special privilege not enjoyed by other properties in the vicinity and/or would allow for a more environmentally sensitive site and structure design to be achieved than would otherwise be permitted by strict application of the standard; or

(e)

The restrictive effect of the specific zoning regulation as it applies to the specific property is unreasonable due to unique conditions relating to the specific property, such as: parcel size; parcel shape; topography; location; proximity to a critical area; location of an easement; or character of surrounding uses; or

(f)

Reasonable alternatives are to be provided to said standards which are in the spirit and intent of this chapter; or

(g)

The likelihood of a decreased need for off-street parking for the use at that location due to site-specific circumstances, such as:

•	A parking study demonstrating that the individual characteristics of the use at that location require less parking than is generally required for a use of this type and intensity;
•	An approved carpooling/vanpooling or commute trip reduction program consistent with TMC Chapter 13.15;
•	Availability of private, convenient transportation services to meet the needs of the use;
•	Accessibility to and frequency of public transportation; or
•	For residential uses, availability of pedestrian access due to proximity to health and medical facilities, shopping facilities and other services providing for everyday needs and amenities.

Wireless facilities.

(1)

Variance to development standards. The Director may, in such cases as deemed appropriate, modify any of the aforementioned development standards upon a finding that: (a) reasonable alternatives are to be provided to said standards which are in the spirit and intent of this section; or (b) strict enforcement of the standards would cause undue or unnecessary hardship due to the unique character or use of the property. Applications for variances shall be processed in accordance with the provisions of Chapter 13.05.

Downtown variances.

(1)

Unless otherwise indicated, the Director shall not grant a variance by act or interpretation of the regulations contained in Section 13.06.050 Downtown as specified herein, or to change the use of a structure or land.

(2)

The Director may grant a variance to the regulations contained in Section 13.06.050 upon the finding that the variance meets one of the tests below. Standardized corporate design and/or increased development costs are not cause for a variance. Failure to meet an appropriate test shall result in denial of the variance request. The Director may issue such conditions as necessary to maximize possible compliance with the intent of the regulation from which relief is sought. The applicant carries the burden of proof to demonstrate applicability of the appropriate test.

(a)

Unusual shape of a parcel established prior to the reclassification of property to the downtown districts.

(b)

Preservation of a critical area, unique natural feature, or historic building/feature restricts possible compliance.

(c)

Widely varied topography of the building site restricts possible compliance.

(d)

Documentation of a pending public action such as street widening restricts possible compliance.

(e)

The proposal represents an alternative design that departs from the requirement(s) but is consistent with the goals and policies of the Comprehensive Plan and can be demonstrated to provide equal or superior results relative to the intent of the specific requirement(s) from which relief is sought.

(3)

If a building is being renovated in accordance with the Secretary of Interior’s Standards for Treatment of Historic Properties, and a conflict between the basic design standards or additional standards and the Secretary’s Standards occurs, then the Historic Preservation Criteria and Findings made by the Tacoma Landmarks Preservation Commission shall prevail.

Site approval.

Applicability. A Site Approval for transportation connectivity is required when proposed development meets both the site characteristics circumstances and the development thresholds as set forth below:

Site characteristics. The development site must meet all of the following circumstances:

(1)

The development site is located in an area subject to an adopted Subarea Plan, including the Tacoma Mall Neighborhood Subarea Plan, with a transportation element that identifies the need for additional street and pedestrian connectivity in order to accommodate planned growth.

(2)

The development site, defined as land sharing common access, circulation, and improvements as specified in TMC § 13.01.060D, is at least one acre in size.

(3)

The development site is located within a block that is eight acres or larger in size. Blocks, for this purpose, are defined as assemblages of land circumnavigated by the shortest possible complete loop via the public street network.

Development thresholds. The proposed development must exceed one or more of the following thresholds:

(1)

Construction of 200 or more dwelling units.

(2)

Construction of 60,000 or more square feet.

Development activities that exceed these thresholds may generate significant transportation impacts and could also potentially create barriers to circulation and pedestrian connectivity.

Project proponents may elect to apply for a Site Approval in association with development projects that do not meet both of the above site characteristics circumstances and development thresholds.

Purpose. Within the Tacoma Mall Neighborhood Subarea Plan area, as well as other adopted Subarea Plans that call for actions to enable the transportation system to accommodate planned growth and achieve multimodal transportation options, proposed large-scale construction warrants transportation connectivity review on a case-by-case basis to identify conditions of approval necessary to mitigate potential adverse transportation impacts and ensure compatibility with the Subarea Plan.

Process.

Such a Site Approval for transportation connectivity will be conducted by the Director or designee in accordance with the criteria identified in this chapter, and the procedures established in TMC Chapter 13.05 for Type II permits.

Prior to submitting an application to the City for Site Approval, it is recommended that the applicant hold a public informational meeting with interested community members and owners of adjacent properties. The purpose of the meeting is to provide an early, open dialogue regarding the connectivity and transportation aspects of the proposed development. The meeting should acquaint the community with the applicant and/or developers and provide for an exchange of information about considerations pertinent to creating attractive, safe, comfortable, and multi-modal transportation choices. If the applicant elects to hold a public meeting, written notification of the meeting should be provided, at least 30 calendar days prior to the meeting date, to the appropriate Neighborhood Council pursuant to TMC Chapter 1.45 and Neighborhood Business District pursuant to TMC Chapter 1.47, qualified neighborhood and community organizations, and to the owners of property located within 1,000 feet of the project site.

Project proponents may propose modifications to the strict application of building design, landscaping, pedestrian/bicycle access, sign location, and other building and site standards that relate to or are based on the location of streets, internal accessways, pedestrian and bicycle pathways. A Site Approval may result in significant modifications to the street and connectivity network. Therefore, the project proponent may propose that standards such as maximum building setbacks, transparency, pedestrian access, site perimeter landscaping, and sign orientation be modified to emphasize and orient toward the proposed connectivity pattern.

The application shall include the proposed final site plan and project phasing and meet the submittal requirements of TMC § 13.05.020.

Upon issuance, the Director’s decision may be appealed subject to procedures contained in TMC Chapter 13.05.

Criteria.

A Site Approval for transportation connectivity shall address the following criteria:

(1)

The Site Approval shall demonstrate consistency with the transportation connectivity goals and policies of the Comprehensive Plan, the adopted Subarea Plan, and all applicable ordinances of the City of Tacoma.

(2)

The Site Approval shall incorporate design strategies which meet or exceed City design and development standards in terms of promoting transportation connectivity, providing multi-modal transportation options, mitigating traffic volumes and impacts to transportation networks, and addressing other transportation impacts.

(3)

The Site Approval shall include a transportation impact analysis to determine whether the proposed development would generate impacts to the transportation system. If so, the Site Approval shall include mitigating actions determined by the City Engineer or designee. Such mitigation actions may include requirements on the applicant to provide frontage and onsite improvements and if warranted, to establish or participate in the establishment of new public rights-of-way, easements or private transportation connections.

(4)

The Site Approval shall designate internal circulation alignments, off-street parking, and building pedestrian orientation and access, which meet or exceed City standards in a manner that ensures safe, comfortable, attractive, multi-modal access and circulation through, within, and in proximity to the development site. The internal circulation system shall provide safe, comfortable and attractive connections between buildings, through parking areas, to the street and transit linkages, and to surrounding properties and neighborhoods. When desired, one or more alternatives may be provided that meet the intent while providing greater flexibility to accommodate a range of potential future development proposals.

(5)

If modifications to City building and site standards are proposed based on the proposed future connectivity pattern, the project proponent shall demonstrate that such flexibility will better achieve the Comprehensive Plan and Subarea Plan intent and result in an attractive, multi-modal pedestrian-oriented development pattern.

(6)

The Site Approval shall demonstrate consistency with other applicable provisions of the TMC, as appropriate.

Urban design project review. Urban Design Project Review permit provisions, including applicability, approval criteria, application requirements and review processes, are contained in TMC Chapter 13.19.

(Ord. 28695 Ex. A, 2020-10-20; Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28725 Ex. E, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16; Ord. 28793 Ex. B, 2021-12-07; Ord. 28821 Ex. G, 2022-06-28; Ord. 28966 Ex. A, 2024-05-07; Ord. 28986 Ex. D, 2024-11-19; Ord. 29042 Ex. A, 2025-06-24; Ord. 29076 Ex. A, 2025-12-02)

§ 13.05.020 Application requirements for land use permits.

Purpose. The purpose of this section is to outline land use permit and application requirements.

Applicability. The regulations identified in this section apply to land use permits for which the Director and/or Hearing Examiner have decision-making authority. The regulations identified in this section apply to land use permits for which the Urban Design Board has decision-making authority except where specific requirements in TMC Chapter 13.19 supersede or expand these requirements. The applicant for a land use permit requested under this title shall have the burden of proving that a proposal is consistent with the criteria for such application.

Application requirements.

Predevelopment conference. A predevelopment conference may be scheduled at the request of the Department or the applicant. The predevelopment conference is intended to define the project scope and identify regulatory requirements of Title 13, prior to preparing a land use proposal. A predevelopment conference is required prior to submittal of an application for an Urban Design Project Review permit.

Pre-application meeting. The pre-application meeting is a meeting between Department staff and an applicant for a land use permit to review the application submittal documents. A pre-application meeting is required prior to submittal of an application for rezoning, platting, height variances, conditional use permit, urban design project review, shoreline management substantial development (including conditional use, variance, and revision), wetland/stream/Fish and Wildlife Habitat Conservation Area (FWHCA) development permits, wetland/stream/FWHCA minor development permits, and wetland/stream/FWHCA verifications. This requirement may be waived by the Department. The pre-application meeting is optional for other permits.

Applications form and content. The Department shall prescribe the form and content for complete applications made pursuant to this title. The applicant is responsible for providing complete and accurate information on all forms as specified below. Applications shall include the following:

The correct number of completed Department application forms signed by the applicant;

The correct number of documents, plans, or maps identified on the Department Submittal Requirements form which are appropriate for the proposed project;

A demonstration by the applicant of consistency with the applicable policies, regulations, and criteria for approval of the permit requested;

A completed State Environmental Policy Act checklist, if required; containing all information required to adequately determine the potential environmental impacts of the proposal;

Payment of all applicable fees as identified in Section 2.09.170 Required Filing Fees for Land Use Applications; and

Additional application information which may be requested by the Department and may include, but is not limited to, the following: geotechnical studies, hydrologic studies, noise studies, air quality studies, visual analysis, and transportation impact studies.

Initiation of review process. The Department shall review a submitted application to determine its completeness, but will not begin permit processing of any application until the application is found to be complete. “Completeness” means the appropriate documents and reports have been submitted. Accuracy and adequacy of the application is not reviewed as a part of this phase.

Notice of complete or incomplete application.

Within 28 days after receiving a development permit application, the Department shall provide in writing to the applicant either:

A notice of complete application; or

A notice of incomplete application and what information is necessary to make the application complete.

The 28-day time period shall be determined by calendar days from the date the application was filed to the postmarked date on the written notice from the Department.

An application shall be found complete if the Department does not, within 28 days, provide to the applicant a notice of incomplete application.

If the application is determined to be incomplete, and/or additional information is requested, within 14 days after an applicant has submitted the requested additional information, the Department shall notify the applicant whether the information submitted adequately responds to the notice of incomplete application, thereby making the application complete, or what additional information is still necessary.

An application is complete for purposes of this section when it meets the submission requirements of the Department as outlined in Section 13.05.020C and TMC Section 13.11.230 for projects that may affect Critical Areas or their regulated buffers/management areas/geo-setbacks, even though additional information may be required or project modifications may be made later. The determination of a complete application shall not preclude the Department from requesting additional information or studies, either at the time of the notice of complete application or subsequently if new information is required or substantial changes in the proposed action occur, or should it be discovered that the applicant omitted, or failed to disclose, pertinent information.

Inactive applications.

If, upon request for payment, an applicant fails to pay within 30 calendar days, the application may be considered inactive and the file may be closed.

If an applicant fails to submit information identified in the notice of incomplete application or a request for additional information within 120 calendar days from the Department’s notification, or does not communicate the need for additional time to submit information, the Department may consider the application inactive and, after notification to the applicant, may close out the file and refund a proportionate amount of the fees collected with the application.

Modification to application. Proposed modifications to an application which the Department has previously found to be complete will be treated as follows:

Modifications proposed by the Department to an application shall not be considered a new application.

If the applicant proposes modifications to an application which would result in a substantial increase in a project’s impacts, as determined by the Department, the application may be considered a new application. The new application shall conform to the requirements of this title which are in effect at the time the new application is submitted.

Limitations on refiling of application.

Applications for a land use permit pursuant to Title 13 on a specific site shall not be accepted if a similar permit has been denied on the site within the 12 months prior to the date of submittal of the application. The date of denial shall be considered the date the decision was made on an appeal, if an appeal was filed, or the date of the original decision if no appeal was filed.

The 12-month time period may be waived or modified if the Director finds that special circumstances warrant earlier reapplication. The Director shall consider the following in determining whether an application for permit is similar to, or substantially the same as, a previously denied application:

An application for a permit shall be deemed similar if the proposed use of the property is the same, or substantially the same, as that which was considered and disallowed in the earlier decision;

An application for a permit shall be deemed similar if the proposed application form and site plan (i.e., building layout, lot configuration, dimensions) are the same, or substantially the same, as that which was considered and disallowed in the earlier decision; and

An application for a variance shall be deemed similar if the special circumstances which the applicant alleges as a basis for the request are the same, or substantially the same, as those considered and rejected in the earlier decision.

In every instance, the burden of proving that an application is not similar shall be upon the applicant.

Filing fees. The schedule of fees for land use permits is established in Chapter 2.09 of the Tacoma Municipal Code.

Time periods for decision on application.

Upon issuance of Complete Application, a final decision, as defined in subsection 5, on applications considered by the Director shall be made within the time specified below.

Final decision on permits that do not require a public notice shall be made within 65 calendar days.

Final decision on permits that do require a public notice shall be made within 100 calendar days.

Final decision that requires a public hearing shall be made within 170 calendar days.

Applications within the jurisdiction of the Hearing Examiner shall be processed within the time limits set forth in Chapter 1.23.

The following time periods shall be exempt from the time period requirement:

(1)

Any period during which the applicant has been requested by the Department to correct plans, perform required studies, or provide additional required information due to the applicant’s misrepresentation or inaccurate or insufficient information.

(2)

Any period during which an environmental impact statement is being prepared; however, in no case shall the time period exceed one year, unless otherwise agreed to by the applicant and the City’s responsible official for SEPA compliance.

(3)

Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application.

(4)

Any period between the Notice of Public Meeting and the public meeting, when request for public meeting is filed during the public comment period.

(5)

Any period for administrative appeals of land use permits.

(6)

Any period after Hearing Examiner Recommendation and before Final Reading at Council, when said Recommendation must be approved by the City Council.

(7)

Any extension for any reasonable period of time mutually agreed upon in writing between the applicant and the Department.

If, at any time, an applicant informs the local government, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 calendar days, or if an applicant is not responsive for more than 60 consecutive days after the county or city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for local government action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the local government to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information.

The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the local government under RCW 36.70B.070.

The time period established in Section 13.05.020J.1 for applications to the Director shall not apply in the following situations:

If the permit requires approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200.

Urban Design Project Review permit applications shall be processed within the time limits set forth in Chapter 13.19.

Decision when effective. A decision is considered final at the termination of an appeal period if no appeal is filed, or when a final decision on appeal has been made pursuant to either Chapter 1.23 or Chapter 1.70. In the case of a zoning reclassification, the City Council’s decision on final reading of the reclassification ordinance shall be considered the final decision.

If unable to issue a final decision within the specified time frame, a written notice shall be made to the applicant, including findings for the reasons why the time limit has not been met and the specified amount of time needed for the issuance of the final decision.

Time computation. In computing any time period set forth in this chapter, days are counted as calendar days. Further, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. Legal holidays are described in RCW 1.16.050.

Required submittals.

Administrative review-building permit. Application for administrative review and building permit shall include the following:

A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, including the related equipment facilities, and the proposed color(s) of the facility. The landscape plan shall address the required method of fencing, finished color, and, if applicable, the method of camouflage and illumination.

A signed statement indicating that:

(1)

The applicant for a new tower has provided notice to all other area wireless service providers of its application to encourage the collocation of additional antennas on the structure. Notice shall be published in a newspaper of general circulation once per week, for a minimum period of 30 days, and an affidavit of publication shall be provided at the time of application as proof that the required notice has occurred. This requirement shall not apply to the development of concealed or camouflaged towers; and

(2)

The applicant and/or landlord agree to remove the facility within one year after abandonment.

Copies of any environmental documents required, pursuant to the State Environmental Policy Act (“SEPA”) (WAC 197-11). Project actions which are categorically exempt from SEPA shall also be exempt from this requirement. Copies of any environmental documents required by a federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.

An engineered and stamped site plan clearly indicating the location, type, and height of the proposed tower and antenna, the anticipated antenna capacity of the tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures.

Legal description of the parcel and Pierce County Assessor’s Parcel Number.

A letter signed by the applicant stating the tower will comply with all FAA regulations and applicable standards, and all other applicable federal, state, and local laws and regulations.

A signed statement indicating that such installation, repair, operation, upgrading, maintenance, and removal of antenna(s) by the wireless communication provider shall be lawful and in compliance with all applicable laws, orders, ordinances, and regulations of federal, state, and local authorities having jurisdiction.

Where applicable, proof that the applicant is an FCC-licensed wireless communication provider or that it has agreements with an FCC-licensed wireless communication provider for use or lease of the proposed facility.

(Previously codified as 13.05.010, relocated to § 13.05.020 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28725 Ex. E, 2020-12-08; Ord. 28966 Ex. A, 2024-05-07; Ord. 29011 Ex. A, 2024-12-17)

§ 13.05.030 Zoning and land use regulatory code amendments.

General provisions.

Whenever this chapter has been, or is hereafter, amended to include in a different district, property formerly included within classified district boundaries of another district, such property shall be deemed to thereupon be deleted from such former district boundaries.

Unless specifically classified otherwise, zoning district boundaries shall be considered to extend to the centerline of rights-of-way. Right-of-way, which has had prior approval for vacation pursuant to Chapter 9.22 or which is hereafter approved for vacation, shall be deemed to be added to the district boundaries of the property which the vacated right-of-way abuts. In instances where a vacated right-of-way is bordered on one side by a district which is different from the district on the other side, the right-of-way shall be deemed to be added apportionately to the respective districts.

Limitation on rezones in downtown districts. After the area-wide reclassification establishing the downtown district boundaries has occurred, no property shall be reclassified to a downtown district, except through a subsequent area-wide reclassification.

Limitations on rezones in mixed-use centers. After adoption of the area-wide reclassifications establishing and confirming the Mixed-Use Center zoning district boundaries in 2009, no property shall be reclassified to or from a Mixed-Use Center zoning district (X-district) except through a subsequent area-wide reclassification.

Limitations on rezones in certain overlay zoning districts. The boundaries of the following area-wide zoning overlay districts can only be amended through another area-wide reclassification: view-sensitive, groundwater protection, manufacturing/industrial center, and historic and conservation overlay districts.

Area-wide reclassifications supersede. Area-wide reclassifications adopted by the City Council supersede any previous reclassifications and any conditions of approval associated with such previous reclassifications.

Affordable housing – Privately initiated upzones. Privately initiated residential upzones, including any zoning change that increases residential development capacity and incorporates residential development, shall be conditioned to provide for inclusion of affordable housing. For development proposals meeting the thresholds and criteria of TMC Chapter 1.39, a certain number of the dwelling units shall be entered by the project proponent into the City’s Affordable Housing Incentives Program. That number may be designated at the time of the upzone, or alternatively the upzone shall be conditioned to provide that designated percentage of affordable units at such time as a specific residential development proposal is submitted to the City.

Affordable housing – City-initiated upzones. In order to ensure consistency with the housing policies of the Comprehensive Plan which promote mixed-income neighborhoods citywide, the City shall analyze the supply of affordable housing in the vicinity of the proposed upzone, and assess whether the upzone would substantially exacerbate affordability challenges. If there are affordability issues associated with the proposed upzone, the City shall consider actions to address them, potentially including placing special conditions on the upzone, targeting City programs or funding to increase the affordable housing supply, or other methods.

Area-wide zoning reclassifications.

Zoning classifications shall be adopted and amended by ordinance of the City Council, following the procedures identified in this section.

Area-wide zoning reclassifications must be consistent with the procedural requirements of RCW 36.70A and in compliance with applicable case law.

An area-wide zoning reclassification that brings the zoning classification into conformity with the Future Land Use Map as identified in Figure 2 of the Urban Form Chapter of the Comprehensive Plan will be conducted by the Planning Commission, consistent with RCW 42.36.010, with recommendation to the City Council. Area-wide zoning reclassifications which conform to the Future Land Use Map and do not require plan modification may be considered at any time.

Area-wide zoning reclassifications which are inconsistent with the Future Land Use Map as identified in Figure 2 of the Urban Form Chapter of the Comprehensive Plan shall be conducted by the Planning Commission in conjunction with the Future Land Use Map amendment. Area-wide zoning reclassifications that require a Future Land Use Map amendment shall be considered during the Comprehensive Plan amendment cycle as prescribed in Section 13.02.045.

Requests to establish a new local historic special review district require an application for an area wide zoning reclassification, and a completed nomination form to the Tacoma Register of Historic Places per TMC § 13.07.060. Reviews of requests to establish or modify a Historic Special Review or Conservation District shall be conducted by the Planning Commission, following a recommendation of historic significance from the Landmarks Preservation Commission. Following its review, the Planning Commission will forward both the Landmarks Preservation Commission’s and Planning Commission’s recommendations to City Council.

Amendments proposed to comply with the update requirements of RCW 36.70.A.130 will occur according to the time frames established therein.

Application for an area-wide zoning reclassification.

A proposed area-wide zoning reclassification may be submitted by any private individual, organization, corporation, partnership, or entity of any kind, including any member(s) of the City Council or the Planning Commission or other governmental Commission or Committee, the City Manager, any neighborhood or community council or other neighborhood or special purpose group, a department or office, agency, or official of the City of Tacoma, or of any other general or special purpose government.

Area-wide zoning reclassifications initiated by the City Council, the Planning Commission, or the Department do not require an application. For all other items, the Department shall prescribe the form and content for applications for amendments to the Comprehensive Plan and development regulations.

Application fees shall be as established by City Council action.

The application deadline for any given annual amendment cycle shall be established by the Department no later than the last day of May. Those applications for amending the Comprehensive Plan received after the established deadline are less likely to be considered in the current annual amendment cycle and are more likely to be considered in a subsequent amendment cycle, unless determined otherwise by the Planning Commission.

The application shall include, but not be limited to, the following:

(1)

Project summary:

•	A description of the proposed amendment;
•	The current and proposed Comprehensive Plan land use designation and zoning classification for the affected area;
•	A description, along with maps if applicable, of the area of applicability and the surrounding areas, including identification of affected parcels, ownership, current land uses, site characteristics, and natural features;
•	The proposed amendatory language, if applicable.

(2)

Background.

•	Appropriate history and context for the proposed amendment, such as prior permits or rezones, concomitant zoning agreements, enforcement actions, or changes in use.

(3)

Policy review.

•	Identify and cite any applicable policies of the Comprehensive Plan that provide support for the proposed amendment;

(4)

Objectives.

(a)

Describe how the proposed amendment achieves the following objectives, where applicable:

•	Address inconsistencies or errors in the Comprehensive Plan or development regulations.
•	Respond to changing circumstances, such as growth and development patterns, needs and desires of the community, and the City’s capacity to provide adequate services.
•	Maintain or enhance compatibility with existing or planned land uses and the surrounding development pattern.
•	Enhance the quality of the neighborhood.
•	For requests to establish or modify a Historic Special Review or Conservation District, an explanation of how the request satisfies the eligibility requirements specified in Section 13.07.040C.

(5)

Community outreach.

•	A description of any community outreach and response to the proposed amendment;

(6)

Supplemental information.

(a)

Supplemental information as requested by the Department, which may include, but is not limited to:

•	Completion of an environmental checklist,
•	Wetland delineation study,
•	Visual analysis, or
•	Other studies.

Pre-application meeting.

(1)

The applicant is responsible for providing complete and accurate information. A meeting between the Department staff and the applicant to discuss the application submittal requirements before submitting an application is strongly advised.

Assessment of proposed amendments.

The Department shall docket all amendment requests upon submittal of a complete application, to ensure that all requests receive due consideration and are available for review by the public.

The Department will provide the Planning Commission with an Assessment Report for the proposed amendment applications that includes, at a minimum:

•	Whether the amendment request is legislative and properly subject to Planning Commission review, or quasi-judicial and not properly subject to Commission review;
•	Whether there have been recent studies of the same area or issue, which may be cause for the Commission to decline further review, or if there are active or planned projects that the amendment request can be incorporated into; and
•	A preliminary staff review of the application submittal;
•	Identification of other amendment options the Planning Commission could consider in addition to the amendment as proposed by the applicant; and
•	Whether the amount of analysis necessary is reasonably manageable given the workloads and resources of the Department and the Commission, or if a large-scale study is required, the amendment request may be scaled down, studied in phases, delayed until a future amendment cycle, or declined.

The Planning Commission will review this assessment and make its decision as to:

•	Whether or not the application is complete, and if not, what information is needed to make it complete;
•	Whether or not the scope of the application should be modified, and if so, what alternatives should be considered; and
•	Whether or not the application will be considered, and if so, in which amendment cycle.

The Planning Commission shall make determinations concerning proposed Comprehensive Plan amendments within 120 days of the close of the application period.

The Planning Commission shall make determinations concerning proposed zoning and regulatory code amendments that do not require concurrent Comprehensive Plan amendments within 120 days of receiving an application.

Analysis of proposed amendments.

Upon completing the assessment and receiving an affirmative determination from the Planning Commission to accept the application, the proposed amendment will be analyzed by the Department.

The Department shall provide the Commission with a staff analysis report, which will include, as appropriate:

(1)

A staff analysis of the application in accordance with the elements described in § 13.05.030B.6;

(2)

An analysis of the consistency of the proposed amendment with State, regional and local planning mandates and guidelines;

(3)

An analysis of the amendment options identified in the assessment report; and

(4)

An assessment of the anticipated impacts of the proposal, including, but not limited to: economic impacts, noise, odor, shading, light and glare impacts, aesthetic impacts, historic impacts, visual impacts, and impacts to environmental health, equity and quality.

10.

Planning commission review.

The Department will present the proposed amendment along with analysis conducted pursuant to this Section to the Planning Commission for review and direction. The Commission will conduct public meetings and hearings, and solicit comments from the general public, organizations and agencies, other governmental departments and agencies, and adjacent jurisdictions as appropriate.

In formulating its recommendations to the City Council concerning a proposed area-wide zoning reclassification, the Planning Commission shall provide public notice and conduct at least one public hearing.

Advisory committees established in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making recommendations to the Planning Commission.

For area-wide zoning reclassifications, the Department shall ensure that a special notice of the acceptance of the application by the Planning Commission for consideration in the current amendment cycle is mailed to all property taxpayers, as indicated in the records of the Pierce County Assessor, and occupants, within, and within 2500 feet of, the subject area. This special notice will inform property taxpayers that an application has been filed, identify where the application and background information may be reviewed, describe in general terms the review and public comment process, establish a time and place for an informational meeting with City staff, and solicit preliminary comments.

The Planning Commission shall conduct a public hearing to consider an area-wide zoning reclassification and to determine the consistency of the reclassification with the Comprehensive Plan and its elements and RCW 36.70A. In making its recommendation to the City Council, the Planning Commission shall make findings and conclusions to demonstrate the manner in which the area-wide reclassification carries out and helps implement the goals and policies of the Comprehensive Plan.

For requests to establish or modify a Historic Special Review or Conservation District, the Planning Commission will conduct its review following a recommendation from the Landmarks Preservation Commission. Specifically, the Landmarks Preservation Commission will provide the Planning Commission its determination as to whether the request satisfies the eligibility requirements specified in § 13.07.040C. The Planning Commission shall defer to the Landmarks Preservation Commission regarding determination of historic significance and shall include the Landmarks Preservation Commission’s recommendation in its recommendation to City Council.

11.

Planning Commission findings and recommendations.

Upon completion of the public comment period and review of the public testimony, the Planning Commission will make a determination as to whether the proposed amendments are consistent with the following criteria:

•	Whether the proposed amendment will benefit the City as a whole, will not adversely affect the City’s public facilities and services, and bears a reasonable relationship to the public health, safety, and welfare; and
•	Whether the proposed amendment conforms to applicable provisions of State statutes, case law, regional policies, and the Comprehensive Plan.

The Commission will prepare a recommendation and supportive findings to forward to the City Council for consideration.

12.

City Council public hearing and action.

At least one City Council public hearing on the proposed area-wide zoning reclassification shall be held prior to final action by the City Council; prior to making a substantial change to the proposal recommended by the Planning Commission, the City Council shall hold an additional hearing or hearings, with the City Clerk giving notice pursuant to Section 13.05.070.

Consistent with RCW 36.70A, the Department must notify the Washington State Department of Commerce and other required state agencies of the City’s intention to adopt or amend the Comprehensive Plan prior to adoption by the City Council, and must transmit copies of the adopted plan and any amendment after City Council action.

Site specific zoning reclassifications.

Application submittal. Application for rezone of property shall be submitted to Planning and Development Services. The application shall be processed in accordance with the provisions of Chapter 13.05. Final action on the application shall take place within 180 days of submission.

Criteria for rezone of property.

An applicant seeking a change in zoning classification must demonstrate consistency with all of the following criteria:

(1)

That the change of zoning classification is generally consistent with the applicable land use intensity designation of the property, policies, and other pertinent provisions of the Comprehensive Plan.

(2)

That substantial changes in conditions have occurred affecting the use and development of the property that would indicate the requested change of zoning is appropriate. If it is established that a rezone is required to directly implement an express provision or recommendation set forth in the Comprehensive Plan, it is unnecessary to demonstrate changed conditions supporting the requested rezone.

(3)

That the change of the zoning classification is consistent with the district establishment statement for the zoning classification being requested, as set forth in this chapter.

(4)

That the change of the zoning classification will not result in a substantial change to an area-wide rezone action taken by the City Council in the two years preceding the filing of the rezone application. Any application for rezone that was pending, and for which the Hearing Examiner’s hearing was held prior to the adoption date of an area-wide rezone, is vested as of the date the application was filed and is exempt from meeting this criteria.

(5)

That the change of zoning classification bears a substantial relationship to the public health, safety, morals, or general welfare.

Amendments to the land use regulations.

The Planning Commission may, from time to time, recommend to the City Council amendments or supplements to the land use regulations in order to implement the goals and policies of the Comprehensive Plan. Procedures for amendments or supplements to the land use regulations shall be the same as those specified for development regulations in § 13.05.030B.

Moratoria and interim zoning.

Moratoria and/or interim zoning controls adopted by ordinance of the City Council may be considered either as a result of an emergency situation or as a temporary protective measure to prevent vesting of rights under existing zoning and development regulations. Those empowered to submit a request for a moratorium or interim zoning shall be the same as in Section 13.02.030B. Those empowered may petition the City Council or Planning Commission, in writing, to request moratoria or interim zoning, including the specific geographic location and describing what circumstances contribute to an emergency situation or the need for protective measures.

Moratoria or interim zoning may be initiated by either the Planning Commission or the City Council by means of determination at a public meeting that such action may be warranted. Where an emergency exists, prior public notice may be limited to the information contained in the public meeting agenda. City Council-initiated moratoria or interim zoning shall be referred to the Planning Commission for findings of fact and a recommendation prior to action; provided, that where an emergency is found to exist by the City Council, it may act immediately and prior to the formulation of Planning Commission findings of fact and recommendation. The City Council shall hold a public hearing within at least 60 days of adopting any moratorium or interim zoning, as provided by RCW 36.70A.390. The City Council shall adopt findings of fact justifying the adoption of any moratorium or interim zoning before, or immediately after, the public hearing.

As part of its findings of fact and recommendation, the Planning Commission shall address the appropriate duration and scope for the moratorium or interim zoning controls and note if a study, either underway or proposed, is expected to develop a permanent solution and the time period by which that study would be concluded. Moratoria or interim zoning may be effective for a period of not longer than six months, but may be effective for up to one year if a work plan is developed for related studies requiring such longer period. Moratoria or interim zoning may be renewed for an unlimited number of six-month intervals following their imposition; provided, that prior to each renewal, a public hearing is held by the City Council and findings of fact are made which support the renewal.

(Previously codified as 13.02.053, 13.02.055, 13.06.650, 13.06.655, relocated to § 13.05.030 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16; Ord. 28986 Ex. D, 2024-11-19; Ord. 29063 Ex. B, 2025-10-21)

§ 13.05.040 Historic preservation land use decisions.

Purpose. The City finds that the protection, enhancement, perpetuation, and continued use of landmarks, districts, and elements of historic, cultural, architectural, archeological, engineering, or geographic significance located within the City are required in the interests of the prosperity, civic pride, and ecological and general welfare of its citizens. The City further finds that the economic, cultural, and aesthetic standing of the City cannot be maintained or enhanced by disregarding the heritage of the City or by allowing the destruction or defacement of historic and cultural assets. The purpose of this section is to support these goals and provide regulatory procedures for historic preservation decision making bodies.

Authority and responsibilities.

Landmarks Preservation Commission. Pursuant to TMC Chapter 1.42, and for the purposes of this chapter, the Landmarks Preservation Commission shall have the authority to:

Approve or deny proposals to alter individual properties or contributing properties within historic and conservation districts that are listed on the Tacoma Register of Historic Places, as provided in TMC Chapter 13.07, and authorize the issuance of Certificates of Approval for the same, and adopt standards, design guidelines, and district rules to be used to guide this review.

Where appropriate, encourage the conservation of historic materials and make recommendations regarding mitigation measures for projects adversely affecting historic resources.

Historic Preservation Officer. Pursuant to TMC Chapter 1.42, and for the purposes of this chapter, the Historic Preservation Officer shall have the authority to:

Grant administrative Certificates of Approval, subject to such limitations and within such standards as the Commission may establish.

On behalf of the Landmarks Preservation Commission, draft and issue Certificates of Approval or other written decisions on matters on which the Commission has taken formal action.

Upon request by other City entities, review permit applications and other project actions for appropriateness and consistency with the purposes of this chapter, Chapter 13.07, and the Preservation Plan element of the Comprehensive Plan.

With respect to the goals and policies contained within this chapter, Chapter 13.07, and the Comprehensive Plan, represent the Historic Preservation Certified Local Government program for Tacoma and review, advise, and comment upon environmental analyses performed by other agencies and mitigation proposed, including NEPA and SEPA, Section 106, and other similar duties.

Advise property owners and the public of historic preservation code requirements.

Assist the Director, as needed, with requests for interpretations of codes relating to landmarks and to historic districts, as provided in those codes.

Compatibility of historic standards with zoning development standards.

All property designated as a City landmark or that is located within a Historic Special Review District or Conservation District, according to the procedures set forth in Chapter 13.07, shall be subject to all of the controls, standards, and procedures set forth in Title 13, including those contained herein and in Chapter 13.07, applicable to the area in which it is presently located, and the owners of the property shall comply with the mandates of this Title in addition to all other applicable Tacoma Municipal Code requirements for the area in which such property is located. In the event of a conflict between the application of this chapter and other codes and ordinances of the City, the more restrictive shall govern, except where otherwise indicated.

Coordination with residential zoning code. In certain cases, application of the development standards in the residential zones, as defined in Section 13.06.020, including those for height, bulk, scale, and setbacks, may conflict with historic preservation standards or criteria and result in adverse effects to City Landmark properties. In such cases, properties subject to design review and approval by the Landmarks Preservation Commission shall be exempted from the standards that conflict with the Landmarks Commission’s application of historic preservation standards adopted pursuant to Chapter 13.07, including the Secretary of the Interior’s Standards for the Rehabilitation and Guidelines for Rehabilitation of Historic Buildings and applicable Historic Special Review District Design Guidelines. The issuance of a Certificate of Approval for final design by the Landmarks Preservation Commission shall include specific references to any conflicts between the historic standards and those in Chapter 13.06, and specifically request the appropriate exemptions.

Coordination with downtown zoning. In certain cases, the application of design standards in Downtown Tacoma zoning districts, as defined in Section 13.06.050, may conflict with historic preservation standards or criteria and result in adverse effects to historic properties. In such cases, properties subject to design review and approval by the Landmarks Preservation Commission shall be exempted from the basic design standards of Section 13.06.050 that conflict with the Landmarks Commission’s application of historic preservation standards adopted pursuant to this chapter, including the Secretary of the Interior’s Standards for the Rehabilitation and Guidelines for Rehabilitation of Historic Buildings and applicable Historic Special Review District Design Guidelines. The issuance of a Certificate of Approval for final design by the Landmarks Preservation Commission shall serve as the Commission’s findings.

Certificates of approval, historic.

Certificate of approval required. Except where specifically exempted by this chapter, a Certificate of Approval is required before any of the following actions may be undertaken:

Alteration to the exterior appearance of any City landmark, or any building, site, structure or object proposed for designation as a City Landmark pursuant to TMC § 13.07.050;

Alterations to the exterior appearance of any existing buildings, public rights-of-way, or other public spaces, or development or construction of any new structures, in any Historic Special Review District.

Except where otherwise specified, construction of new structures and additions to existing buildings within Conservation Districts. This authority is limited to the exterior appearance of new buildings and additions.

Removal or alteration of any existing sign, or installation or placement any new sign, on a City Landmark or property within a Historic Special Review or Conservation District.

Demolition of any structure or building listed on the Tacoma Register of Historic Places, or that is located within a Historic Special Review or Conservation District.

No City permits for the above activities shall be issued by the City until a Certificate of Approval has been issued by the Landmarks Preservation Commission or administrative approval has been granted by the Historic Preservation Officer.

When a development permit application is filed with Planning and Development Services that requires a Certificate of Approval, the applicant shall be directed to complete an application for Certificate of Approval for review by the Landmarks Preservation Commission or Historic Preservation Officer.

Exemptions. A Certificate of Approval will not be required before any of the following actions are undertaken:

Ordinary maintenance and repairs. Nothing in this chapter or Chapter 13.07 shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any City landmark, which maintenance or repair does not involve a change in design, material, or the outward appearance thereof.

Religious properties. Modifications to structures that are owned by a religious organization and used for church purposes as defined by Washington State WAC 458-16-190.

Exterior alterations to contributing buildings in local historic special review districts that are not on prominent facades or located on prominent parcels, as defined in Section 13.01.050P.

Within historic special review districts that are primarily within residential zones, including UR1, UR2, UR3, R4 and R5, changes to windows and cladding that are not on prominent facades or located on prominent parcels.

Application requirements. The following information must be provided in order for the application to be complete, unless the Historic Preservation Officer indicates in writing that specific information is not necessary for a particular application:

Property name and building address;

Applicant’s name and address;

Property owner’s name and address;

Applicant’s telephone and e-mail address, if available;

The building owner’s signature on the application or, if the applicant is not the owner, a signed letter from the owners designating the applicant as the owner’s representative;

Confirmation that the fee required by the General Services Fee Schedule has been paid;

Written confirmation that the proposed work has been reviewed by Planning and Development Services, appears to meet applicable codes and regulations, and will not require a variance;

A detailed description of the proposed work, including:

•	Any changes that will be made to the building or the site;
•	Any effect that the work would have on the public right-of-way or public spaces;
•	Any new development or construction;

Scale plans in a digital format approved by Planning and Development Services staff, with all dimensions shown, of:

•	A site plan of all existing conditions, showing adjacent streets and buildings, and, if the project includes any work in the public right-of-way, the existing street uses, such as street trees and sidewalk displays, and another site plan showing proposed changes to the existing conditions;
•	A floor plan showing the existing features and a floor plan showing proposed new features;
•	Elevations and sections of both the proposed new features and the existing features;
•	Construction details, where appropriate;
•	A landscape plan showing existing features and plantings and a landscape plan showing proposed site features and plantings;
•	Photographs of any existing features that would be altered and photographs showing the context of those features, such as the building façade where they are located;
•	If the proposal includes new finishes or paint, one sample of proposed colors and an elevation drawing or photograph showing the proposed location of proposed new finishes or paint;

If the proposal includes new signs, canopies, awnings, or exterior lighting:

•	Digital scale plans of the proposed signs, awnings, canopies, or lighting showing the overall dimensions, materials, design graphics, typeface, letter size, and colors;
•	Details showing the proposed methods of attachment for the new signs, canopies, awnings, or exterior lighting;
•	For lighting, detail of the fixture(s) with specifications, including wattage and illumination color(s);
•	One sample of the proposed colors and materials, if applicable;

If the proposal includes the removal or replacement of existing architectural elements, a survey of the existing conditions of the features that would be removed or replaced.

Applications for preliminary approval.

An applicant may make a written request to submit an application for a Certificate of Approval for a preliminary design of a project if the applicant waives, in writing, the deadline for a Commission decision on the subsequent design phase or phases of the project and agrees, in writing, that the decision of the Commission is immediately appealable by the applicant or any interested person(s).

The Historic Preservation Officer may reject the request if it appears that the review of a preliminary design would not be an efficient use of staff or Commission time and resources, or would not further the goals and objectives of this chapter.

The Historic Preservation Officer may waive portions of the above application requirements in writing that are determined to be unnecessary for the Commission to approve a preliminary design.

A Certificate of Approval of a preliminary design shall be conditioned automatically upon the subsequent submittal of the final design and all of the information listed in Subsection 2 above, and upon Commission approval prior to the issuance of any permits for work affecting the property.

Applications for a Certificate of Approval shall be filed with Planning and Development Services.

Process and standards for review.

When an application for Certificate of Approval is received, the Historic Preservation Officer shall:

(1)

Review the application and determine whether the application requires review by the Landmarks Preservation Commission, or, subject to the limitations imposed by the Landmarks Preservation Commission pursuant to Chapter 1.42, without prejudice to the right of the owner at any time to apply directly to the Commission for its consideration and action on such matters, whether the application is appropriate for administrative review.

(2)

If the application is determined appropriate for administrative review, the Historic Preservation Officer shall proceed according to the Administrative Bylaws of the Commission.

If the application requires review by the full Commission, the Historic Preservation Officer shall notify the applicant in writing within 28 days whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete.

Within 14 days of receiving the additional information, the Historic Preservation Officer shall notify the applicant in writing whether the application is now complete or what additional information is necessary.

An application shall be deemed to be complete if the Historic Preservation Officer does not notify the applicant in writing, by the deadlines provided in this section, that the application is incomplete. A determination that the application is complete is not a determination that an application is vested.

The determination that an application is complete does not preclude the Historic Preservation Officer or the Landmarks Preservation Commission from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in Chapter 13.07 and any rules adopted by the Commission.

Within 30 days after an application for a Certificate of Approval has been determined complete or at its next regularly scheduled meeting, whichever is longer, the Commission shall review the application to consider the application and to receive comments.

Notice of the Commission’s meeting shall be served to the applicant and distributed to an established mailing list no less than three days prior to the time of the meeting.

The absence of the owner or applicant shall not impair the Commission’s authority to make a decision regarding the application.

Within 45 days after the application for a Certificate of Approval has been determined complete, the Landmarks Preservation Commission shall issue a written decision granting, granting with conditions, or denying a Certificate of Approval, or if the Commission elects to defer its decision, a written description of any additional information the Commission will need to arrive at a decision. A copy of the decision shall be provided to the applicant and to Planning and Development Services.

A Certificate of Approval shall be valid for 18 months from the date of issuance of the Commission’s decision granting it unless the Commission grants an extension; provided, however, that a Certificate of Approval for actions subject to a permit issued by Planning and Development Services shall be valid for the life of the permit, including any extensions granted in writing by Planning and Development Services.

Economic hardship.

After receiving written notification from the Commission of the denial of Certificate of Approval, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists.

When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:

(1)

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

(2)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

(3)

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

The applicant shall consult in good faith with the Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.

The Commission shall hold a public hearing on the application within sixty (60) days from the date the complete application is received by the Historic Preservation Officer. Following the hearing, the Commission has thirty (30) days in which to act on the application. Failure to act on the hardship application within the (30) day timeframe will waive the Certificate of Approval requirement for permitting.

All decisions of the Commission shall be in writing.

The Commission’s decision shall state the reasons for granting or denying the hardship application.

Denial of a hardship application may be appealed by the applicant within (14) business days to the Hearing Examiner after receipt of notification of such action.

Economic evidence. The following shall be required for an application for economic hardship to be considered complete:

(1)

For all property:

•	The amount paid for the property;
•	The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;
•	The cost of any improvements since purchase by the applicant and date incurred;
•	The assessed value of the land, and improvements thereon, according to the most recent assessments;
•	Real estate taxes for the previous two years;
•	Annual debt service, if any, for the previous two years;
•	All appraisals obtained within the previous five years by the owner or applicant in connection with their purchase, financing or ownership of the property;
•	Any listing of the property for sale or rent, price asked, and offers received, if any;
•	Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any; and

(2)

For income-producing property:

•	Annual gross income from the property for the previous four years;
•	Itemized operating and maintenance expenses for the previous four years;
•	Annual cash flow for the previous four years.

Appeals to the hearing examiner. The Landmarks Preservation Commission shall refer to the Hearing Examiner for public hearing all final decisions regarding applications for certificates of approval and applications for demolition where the property owners, any interested parties of record, or applicants file with the Landmarks Preservation Commission, within 10 days of the date on the decision, written notice of appeal of the decision or attached conditions.

Form of appeal. An appeal of the Landmarks Preservation Commission shall take the form of a written statement of the alleged reason(s) the decision was in error, or specifying the grounds for appeal. The following information shall be submitted:

(1)

An indication of facts that establish the appellant’s standing;

(2)

An identification of explicit exceptions and objections to the decision being appealed, or an identification of specific errors in fact or conclusion;

(3)

The requested relief from the decision being appealed;

(4)

Any other information reasonably necessary to make a decision on appeal. Failure to set forth specific errors or grounds for appeal shall result in a summary dismissal of the appeal.

The Hearing Examiner shall conduct a hearing in the same manner and subject to the same rules as set forth in TMC Chapter 1.23.

The Hearing Examiner’s decision shall be final. Any petition for judicial review must be commenced within 21 days of issuance of the Hearing Examiner’s Decision, as provided for by TMC § 1.23.160 and RCW 36.70C.040.

The Hearing Examiner, in considering the appropriateness of any exterior alteration of any City landmark, shall give weight to the determination and testimony of the consensus of the Landmarks Preservation Commission and shall consider:

(1)

The purposes, guidelines, and standards for the treatment of historic properties contained in this Title, and the goals and policies contained in the Historic Preservation Element of the Comprehensive Plan;

(2)

The purpose of the ordinance under which each Historic Special Review or Conservation District is created;

(3)

For individual City landmarks, the extent to which the proposal contained in the application for Certificate of Approval would adversely affect the specific features or characteristics specified in the nomination to the Tacoma Register of Historic Places;

(4)

The reasonableness, or lack thereof, of the proposal contained in the application in light of other alternatives available to achieve the objectives of the owner and the applicant; and

(5)

The extent to which the proposal contained in the application may be necessary to meet the requirements of any other law, statute, regulation, code, or ordinance.

When considering appeals of applications for demolition decisions, in addition to the above, the Hearing Examiner shall refer to the Findings of Fact made by the Landmarks Preservation Commission in addition to the demolition criteria for review and other pertinent statements of purpose and findings in this Title.

The Examiner may attach any reasonable conditions necessary to make the application compatible and consistent with the purposes and standards contained in this Title.

Demolition of city landmarks.

Application requirements. In addition to the application requirements listed in Section 13.05.040D, the following information must be provided in order for the application to be complete, unless the Historic Preservation Officer indicates in writing that specific information is not necessary for a particular application:

A detailed, professional architectural and physical description of the property in the form of a narrative report, to cover the following:

(1)

Physical description of all significant architectural elements of the building;

(2)

A historical overview;

(3)

Elevation drawings of all sides;

(4)

Site plan of all existing conditions showing adjacent streets and buildings and, if the project includes any work in the public right-of-way, the existing street uses, such as street trees and sidewalk displays;

(5)

Photographs of all significant architectural elements of the building; and

(6)

Context photographs, including surrounding streetscape and major sightlines.

A narrative statement addressing the criteria in this subsection for Applications for Historic Building Demolitions, to include the following areas, as applicable:

(1)

Architectural/historical/cultural significance of the building;

(2)

Physical condition of the building;

(3)

Narrative describing future development plans for the site, including a description of immediate plans for the site following demolition.

For replacement construction/redevelopment of the site, the following information is required:

(1)

A complete construction timeline for the replacement structure to be completed within two years, or a written explanation of why this is not possible.

(2)

Conceptual drawings, sketches, renderings, and plans.

(3)

Written proof, acceptable to the Landmarks Preservation Commission, of valid and binding financial commitments for the replacement structure is required before the permit can be issued, and should be submitted with the demolition request. This may include project budgets, funding sources, and written letters of credit.

If a new structure is not planned for the site, the application shall contain a narrative describing the rationale for demolition and a written request for waiver of the automatic conditions contained in Subsections 3.a, 3.b, and 3.d, below.

If a new structure is not planned for the site, the application requirements in this subsection and § 13.05.040D relating to new construction are not required in order for an application to be complete.

Reports by professionally qualified experts in the fields of engineering, architecture, and architectural history or real estate finance, as applicable, addressing the arguments made by the applicant.

Permitting timelines.

Any City landmark for which a demolition permit application has been received is excluded from City permit timelines imposed by Section 13.05.020J.

An application for a Certificate of Approval for Demolition of a City Landmark shall be filed with the Planning and Development Services Permit Intake Center. When a demolition application is filed, the application shall be routed to the Historic Preservation Officer.

Determination of complete application. The Historic Preservation Officer shall determine whether an application for demolition is complete consistent with the timelines and procedures outlined in Section 13.05.040D.5.a through 5.e.

Application review.

(1)

Preliminary meeting. Once the application for historic building demolition has been determined to be complete, excepting the demolition fee, the Historic Preservation Officer shall schedule a preliminary briefing at the next available regularly scheduled meeting of the Landmark Preservation Commission.

(a)

The purpose of this meeting is for the applicant and the Commission to discuss the historic significance of the building, project background and possible alternative outcomes, and to schedule a hearing date, if necessary.

(b)

To proceed with the application, the applicant shall request a public hearing, in writing, to consider the demolition application at the preliminary meeting.

(c)

At this meeting, the Landmarks Preservation Commission may grant the request for public hearing, or may request an additional 30 days from this meeting to distribute the application for peer review, especially as the material pertains to the rationale contained in the application that involves professional expertise in, but not limited to, engineering, finance, law, architecture or architectural history, or, finding that the property in question is not contributing to the Historic District, may conditionally waive the procedural requirements of this section, provided that subsections 1 and 2 of Section 13.05.040E, “Demolition of City Landmarks − Automatic Conditions,” are met.

(d)

If a 30-day peer review is requested, the request for public hearing shall again be considered at the next regular meeting following the conclusion of the peer review period.

(2)

Public hearing. Upon receiving such direction from the Landmarks Preservation Commission, and once the application fee has been paid by the applicant, the Historic Preservation Officer shall schedule the application for a public hearing within 90 days.

(a)

The Historic Preservation Officer shall give written notice, by first-class mail, of the time, date, place, and subject of the meeting to consider the application for historic building demolition not less than 30 days prior to the meeting to all owners of record of the subject property, as indicated by the records of the Pierce County Assessor-Treasurer, and taxpayers of record of properties within 400 feet of the subject property.

(b)

The Commission shall consider the merits of the application, comments received during peer review, and any public comment received in writing or during public testimony.

(c)

Following the public hearing, there shall be an automatic 60-day comment period during which the Commission may request additional information from the applicant in response to any commentary received.

(d)

At its next meeting following the public comment period, the Landmarks Preservation Commission shall make findings of fact regarding the application based on the criteria for consideration contained in this subsection. The Landmarks Preservation Commission may approve, subject to automatic conditions imposed by this subsection, the application or may deny the application based upon its findings of fact. This decision will instruct the Historic Preservation Officer whether or not they may issue written approval for a historic building demolition.

Automatic conditions. Following a demolition approval pursuant to this section, the following conditions are automatically imposed, except where exempted per Section 13.05.040E.2 or elsewhere in this chapter, and must be satisfied before the Historic Preservation Officer shall issue a written decision:

For properties within a Historic Special Review or Conservation District, the design for a replacement structure is presented to and approved by the Landmarks Preservation Commission pursuant to the regular design review process as defined in this chapter; or, if no replacement structure is proposed for a noncontributing structure, the Commission may, at its discretion, waive this condition and those contained in Subsections 3.b and 3.d, below;

Acceptable proof of financing commitments and construction timeline is submitted to the Historic Preservation Officer;

Documentation of the building proposed for demolition that meets Historic American Building Survey (“HABS”) standards or mitigation requirements of the Washington State Department of Archaeology and Historic Preservation (“DAHP”), as appropriate, is submitted to the Historic Preservation Office and the Northwest Room of the Tacoma Public Library;

Development permits for the replacement are ready for issue by Planning and Development Services, and there are no variance or conditional use permit applications outstanding;

Any additional mitigation agreement, such as relocation, salvage of architectural features, interpretation, or deconstruction, proposed by the applicant is signed and binding by City representatives and the applicant, and approved, if necessary, by the City Council; and

Any conditions imposed on the demolition have been accepted in writing (such as salvage requirements or archaeological requirements).

Specific exemptions. The following are excluded from the requirements imposed by this chapter and Chapter 13.07 but are still subject to Landmarks Preservation Commission approval for exterior changes as outlined elsewhere in this chapter and Chapter 13.07.

Demolition of accessory buildings, including garages and other outbuildings, and noncontributing later additions to historic buildings, where the primary structure will not be affected materially or physically by the demolition and where the accessory building or addition is not specifically designated as a historic structure of its own merit;

Demolition work on the interior of a City landmark or object, site, or improvement within a Historic Special Review or Conservation District, where the proposed demolition will not affect the exterior of the building and where no character defining architectural elements specifically defined by the nomination will be removed or altered; and

Objects, sites, and improvements that have been identified by the Landmarks Preservation Commission specifically as noncontributing within their respective Historic Special Review or Conservation District buildings inventory at the preliminary meeting, provided that a timeline, financing, and design for a suitable replacement structure have been approved by the Landmarks Preservation Commission, or such requirements have been waived, pursuant to Section 13.05.040E.

Minimum buildings standards, historic.

Prevention of demolition by neglect. The Landmarks Preservation Commission shall make a reasonable effort to notify the Building Official of historic properties that appear to meet the criteria for substandard buildings or property under TMC § 2.01.050.

For buildings listed on the Tacoma Register of Historic Places which are found to be Substandard, Derelict, or Dangerous according to the Building Official, under the Minimum Building provisions of TMC Chapter 2.01, the following shall apply:

Because City landmarks are culturally, architecturally, and historically significant to the City and community, the historic status of a Substandard, Derelict, or Dangerous Building may constitute a “sufficient reason” for acceptance of alternate timelines and extensions upon agreed timelines; and,

Any timelines and plans for the remediation of a dangerous City landmark, including for repair or demolition, shall not be accepted by the Building Official until the applicable procedures as set forth in this chapter for review of design or demolition by the Landmarks Preservation Commission have been satisfied, pursuant to TMC § 2.01.030B.

The Building Official may consider the Landmarks Preservation Commission to be an interested party as defined in TMC Chapter 2.01, and shall make a reasonable effort to keep the Commission notified of enforcement complaints and proceedings involving City Landmarks.

Nothing in this chapter shall be construed to prevent the alteration of any feature which the Building Official shall certify represents an immediate and urgent threat to life safety. The Building Official shall make a reasonable effort to keep the Historic Preservation Officer informed of alterations required to remove an unsafe condition involving a City Landmark.

The Historic Preservation Officer shall have the authority to administratively approve changes without prior Landmarks Preservation Commission review per Section 13.05.040E, if, upon consultation with the Building Official and appropriate City Engineering staff, it is determined such changes are necessary to mitigate an immediate and urgent threat of structural failure or significant damage to a City landmark. The circumstances and rationale for such an alteration shall be provided in a report to the Landmarks Preservation Commission at its next regular meeting.

(Previously codified as 13.05.045, 13.05.046, 13.05.047, 13.05.048, and 13.05.049, relocated to § 13.05.040 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 29063 Ex. B, 2025-10-21)

§ 13.05.050 Development regulation agreements.

Purpose. Pursuant to RCW 36.70B.170-210, the purpose of this section is to create an optional application procedure that could authorize certain major projects in key locations to be reviewed, rated, approved, and conditioned according to the extent to which they advance the Comprehensive Plan’s goals and policies. In addition to demonstrating precisely how it significantly advances the goals and policies of the Comprehensive Plan by achieving the threshold set forth in § 13.05.050D, a threshold established based on the Comprehensive Plan goals and policies, a project located within the areas described in § 13.05.050B must document specific compliance with the policies and standards set forth in the Downtown Element, Housing Element, or Tacoma Mall Neighborhood Subarea Plan, as applicable, as well as with other pertinent Comprehensive Plan goals and policies.

It is anticipated that there will be a degree of flexibility in the application of the City’s development regulations so that any conditions are tailored to the specifics of the proposed project and community vision in such a manner as to ensure that significant public benefits are secured. Project approval is embodied in a contract designed to assure that anticipated public benefits are realized according to agreed upon terms and conditions that may include, but are not limited to, project vesting, timing, and funding of on-and off-site improvements.

The City is authorized, but not required, to accept, review, and/or approve the proposed Development Regulation Agreements. This process is voluntary on the part of both the applicant and the City.

Applicability. Development Regulation Agreements shall only be allowed for one of the following project types:

Proposed projects located within the International Financial Services Area (IFSA), as defined in the City’s Amended Ordinance No. 27825 and illustrated in Figure 1, with a building footprint of at least 15,000 square feet and a proposed height of at least 75 feet;

Figure 1: International Financial Services Area (IFSA)

Proposed projects located within the Downtown Regional Growth Center, as set forth in the Urban Form Chapter of the City Comprehensive Plan, provided that the real property involved is subject to a significant measure of public ownership or control, and provided that the project includes a building footprint of at least 15,000 square feet and a proposed height of at least 75 feet;

Proposed projects located within the Downtown Regional Growth Center where the City Landmarks Commission formally certifies that the proposed project is either a historic structure or is directly associated with and supports the preservation of an adjacent historic structure;

Proposed projects located on a public facility site, as defined in § 13.01.060P TMC, that are at least five acres in size and are not a public utility site.

Proposed projects located within the Tacoma Mall Neighborhood Regional Growth Center, that are located on a development site at least two acres in size and that include an overall project Floor Area Ratio of at least 1.00.

Proposed projects located outside of designated Centers, on sites at least one acre in size, in land use designations allowing residential development, within one-fourth mile walking distance to transit service, and including at least 50 housing units in total, of which a substantial percentage shall be affordable as described in subsection TMC § 13.05.050D.1.f., below.

Application process. An application for a Development Regulation Agreement may only be made by a person or entity having ownership or control of real property within one of the qualifying areas identified in subsection B above. Applications for a Development Regulation Agreement shall be made with the Planning and Development Services Department, solely and exclusively on the current form approved by said Department, together with the filing fee set forth in the current edition of the City’s Fee Schedule, as adopted by resolution of the City Council. The City Council shall be notified once a complete application has been received. The City shall give notice under Sections 13.05.070 and 13.02.070H TMC as if the application were for a land use designation change.

Review criteria. The City Manager, and such designee or designees as may be appointed for the purpose, shall negotiate acceptable terms and conditions of the proposed Development Regulation Agreement based on the following criteria:

The development regulation agreement conforms to the existing comprehensive plan. Except for projects on a public facility site of at least five acres in size, conformance must be demonstrated by the project, as described in the Development Regulation Agreement, scoring 800 points out of a possible 1,050 points, according to the following scoring system (based on the Downtown Element, the Housing Element, or on the Tacoma Mall Neighborhood Subarea Plan, as applicable):

Balanced healthy economy. In any project where more than 30 percent of the floorspace is office, commercial, or retail, one point shall be awarded for every 200 square feet of gross floorspace (excluding parking) up to a maximum of 290 points.

Achieving vitality downtown (applicable within the Downtown Regional Growth Center). Up to 40 points shall be awarded for each of the following categories: (i) CPTED design (“Crime Prevention Through Environmental Design”), (ii) sunlight access to priority public use areas, (iii) view maximization, (iv) connectivity, (v) quality materials and design, (vi) remarkable features, (vii) access to open space, and (viii) street edge activation and building ground orientation.

Sustainability. Up to 50 points shall be awarded for each of the following categories: (i) complete streets, (ii) transit connections, (iii) energy conservation design to a L.E.E.D. (Leadership in Energy and Environmental Design) certification to a platinum level or certified under another well-recognized rating system to a level equivalent to certification to a platinum level, and (iv) Low Impact Development Best Management Practices and Principles.

Quality urban design. Up to 60 points shall be awarded for each of the following categories: (i) walkability, (ii) public environment, (iii) neighborliness, and (iv) support for public art. Review of any proposed public art shall be coordinated with the City’s Arts Administrator and/or approved by the Arts Commission, as determined by the Arts Administrator.

Achieving vitality in the Tacoma Mall Neighborhood (applicable within the Tacoma Mall Neighborhood Regional Growth Center). Up to 40 points shall be awarded for each of the following categories: (i) enhanced site connectivity above and beyond requirements; (ii) landscaping, pedestrian paving, site features and amenities that demonstrably exceed requirements; (iii) provision of public gathering spaces (e.g., for markets, events, festivals); (iv) provision of publicly accessible recreational amenities; (v) provision of neighborhood-serving amenities or services (such as a grocery store, medical clinic, or community center); (vi) distinctive modern, contemporary signage that contributes to the identity of the subarea; (vii) street edge activation and building ground orientation that demonstrably exceeds requirements; and (viii) green stormwater infrastructure and tree canopy coverage that demonstrably exceeds requirements.

Achieving housing goals (applicable to sites outside of Centers meeting the criteria of TMC § 13.05.050B.6, above).

(1)

The following minimum affordability requirements shall be met (meeting this requirement shall earn 200 points):

(a)

20% of total units must be affordable at 60% of Area Median Income (AMI) for rentals for at least 50 years, or

(b)

20% of the total units must be affordable at 80% of AMI for ownership for at least 50 years.

(2)

An additional 40 points shall be awarded for each of the following, up to a maximum of 320 additional points:

(a)

An additional 5% of total units meeting the above affordability requirements;

(b)

An additional 5% reduction in housing cost relative to AMI for all affordable units;

(c)

An additional 5 year affordability duration for all affordable units.

(3)

The general provisions of TMC Chapter 1.39 Affordable Housing Incentives and Bonuses Administrative Code shall apply; the fee in lieu option is not available for this purpose. The City Council may choose to require additional affordability conditions in order to achieve consistency with the Comprehensive Plan Housing Element.

(4)

Projects meeting these affordability requirements are eligible for the multifamily property tax exemption (MFTE) 12-year affordability option, and the same units may be counted as affordable for both purposes.

Appropriate project or proposal elements, such as permitted uses, residential densities, nonresidential densities and intensities, or structure sizes, are adequately provided to include evidence that the site is adequate in size and shape for the proposed project or use, conforms to the general character of the neighborhood, and would be compatible with adjacent land uses.

Appropriate provisions are made for the amount and payment of fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, and other financial contributions by the property owner, inspection fees, or dedications.

Adequate mitigation measures including development conditions under chapter 43.21C RCW are provided. The City shall be the lead agency in the SEPA process for all projects.

Adequate and appropriate development standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features are provided.

If applicable, targets and requirements regarding affordable housing are addressed.

Provisions are sufficient to assure requirements of parks and open space preservation.

Best available science and best management practices shall be used to address critical areas within the property covered by a Development Regulation Agreement adopted pursuant to this section. Review of a development activity’s critical area impacts shall occur during the Development Regulation Agreement review process, and a separate critical areas permit is not required. Any Development Regulation Agreement approval(s) shall, to the maximum extent feasible, avoid potential impacts to critical areas, and any unavoidable impacts to critical areas shall be fully mitigated, either on-or off-site.

Interim uses and phasing of development and construction is appropriately provided. In the case of an interim use of a property or portion of a property, deferments or departures from development regulations may be allowed without providing a demonstrated benefit to the City; provided, that any departures or deferments to the Code requested for a final use of the property shall comply with criterion No. 10 below. The agreement shall clearly state the conditions under which the interim use shall be converted to a permanent use within a stated time period and the penalties for noncompliance if the interim use is not converted to the permanent use in the stated period of time.

10.

Where a phased Development Regulation Agreement is proposed, a site plan shall be provided and shall clearly show the proposed interim and final use subject to the agreement.

11.

In the case of a Development Regulation Agreement where the proposed use would be the final use of the property, it shall be clearly documented that any departures from the standards of the Code, requested by the applicant, are in the judgment of the City, off-set by providing a benefit to the City of equal or greater value relative to the departure requested. In no case shall a departure from the Code be granted if no benefit to the City is proposed in turn by the applicant.

12.

Conditions are set forth providing for review procedures and standards for implementing decisions, together with conditions explicitly addressing enforceability of Development Regulation Agreement terms and conditions and applicable remedies.

13.

Thresholds and procedures for modifications to the provisions of the Development Regulation Agreement are provided.

14.

A build-out or vesting period for applicable standards is provided.

15.

Any other appropriate development requirements or procedures necessary to the specific project or proposal are adequately addressed.

16.

If appropriate and if the applicant is to fund or provide public facilities, the Development Regulation Agreement shall contain appropriate provisions for reimbursement, over time, to the applicant.

17.

Appropriate statutory authority exists for any involuntary obligation of the applicant to fund or provide services, infrastructure, impact fees, inspection fees, dedications, or other service or financial contributions.

18.

Penalties for noncompliance with the terms of the Development Regulation Agreement are provided.

19.

The building(s) shall be L.E.E.D. certified to a gold level or certified under another well-recognized rating system to be comparable to a building that is L.E.E.D. certified to a gold level, with the exception of affordable housing projects per the provisions of TMC § 13.050B.6.

Other standards and requirements.

Compliance with the provisions of subsection D above will ensure that the terms of the Development Regulation Agreement are consistent with the development regulations of the City then in effect, except that in the case of Shoreline Management Districts (Title 19 TMC) and Landmarks and Historic Special Review Districts (Chapter 13.07 TMC), specific compliance with the regulations and procedures of these codes is required.

The Development Regulation Agreement shall specify any and all development standards to which its terms and provisions apply. All other applicable standards and requirements of the City or other agencies shall remain in effect for the project.

Public hearing and approval process.

If the City Manager deems that an acceptable Development Regulation Agreement has been negotiated and recommends the same for consideration, the City Council shall hold a public hearing and then may take final action, by resolution, to authorize entry into the Development Regulation Agreement. In addition, the City Council may continue the hearing for the purpose of clarifying issues or obtaining additional information, facts, or documentary evidence; advice may be sought from the Planning Commission.

Because a Development Regulation Agreement is not necessary to any given project or use of real property under the existing Comprehensive Plan and development regulations in effect at the time of making application, approval of a Development Regulation Agreement is wholly discretionary, and any action taken by the City Council is legislative only and not quasi-judicial.

The decision of the City Council shall be final immediately upon adoption of a resolution authorizing or rejecting the Development Regulation Agreement.

Following approval of a Development Regulation Agreement by the City Council, and execution of the same, the Development Regulation Agreement shall be recorded with the Pierce County Auditor.

Modifications. Once a Development Regulation Agreement is approved, no variances or discretionary permits may be applied for. Changes to standards may only be secured by amendment to the Development Regulation Agreement pursuant to amendment thresholds and process set forth in the Development Regulation Agreement.

Enforcement. Unless amended pursuant to this section and the terms of the agreement, or terminated, a Development Regulation Agreement is enforceable during its term by a party to the Development Regulation Agreement. A Development Regulation Agreement and the development standards in the Development Regulation Agreement govern during the term of the agreement or for all or that part of the specified build-out period. The Agreement will not be subject to a new or amended zoning ordinance or development standard adopted after the effective date of the Agreement, unless otherwise provided in the Agreement or unless amended pursuant to this section. Any permit or approval issued by the City after the execution of the Agreement must be consistent with the Development Regulation Agreement.

(Previously codified as 13.05.095, relocated to § 13.05.050 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Exs. A and E, 2020-12-08; Ord. 28793 Ex. B, 2021-12-07; Ord. 28986 Ex. D, 2024-11-19)

§ 13.05.060 (Repealed)

(Residential Infill Pilot Program. Previously codified as 13.05.115, relocated to § 13.05.060 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28695 Ex. A, 2020-10-20; Ord. 28725 Ex. A, 2020-12-08; Ord. 28821 Ex. G, 2022-06-28; repealed by Ord. 28986 § 12, 2024-11-19)

§ 13.05.070 Notice process.

Purpose. The purpose of this section is to provide notice requirements for land use applications.

Administrative determination.

A public notice is not required for Administrative Determinations. Examples of Administrative Determinations are minor variances, reasonable accommodation requests, review of non-conforming rights, zoning verification requests, and information requests.

Determinations of the Director shall be mailed to the applicant and the property owner (if different than the applicant) by first class mail and/or electronic mail.

At the discretion of the Director, notice of the Determination and/or summary of Determination may be provided to other qualified or interested parties.

Process I − Minor land use decisions.

A public notice shall be provided, and a notice of application published, within 14 days following a notice of complete application being issued to the applicant as identified in Section 13.05.020E. Examples of minor land use decisions are variances, Conditional Use Major Modifications, temporary shelters, wetland/stream/FWHCA Verifications, and wetland/stream/FWHCA Minor Development Permits.

Public notice shall be mailed by first-class mail to the applicant; property owner (if different than the applicant); neighborhood councils pursuant to TMC Chapter 1.45 and business districts pursuant to TMC Chapter 1.47 in the vicinity where the proposal is located; qualified neighborhood or community organizations; the Tacoma Landmarks Commission (for proposals located within a historic district or affecting a designated landmark); and the Puyallup Tribe of Indians. Any of the above groups may be notified by electronic means instead of, or in addition to, first-class mail, upon written notification to the Department that electronic transmittal is the preferred method. Notice shall also be mailed by first-class mail to occupants and owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances identified in Section 13.05.070H.

Parties receiving public notice shall be given 14 days from the date of mailing (including the day of mailing) to provide any comments on the proposed project to the Department.

Decisions of the Director shall be mailed to the applicant and the property owner, if different than the applicant, by first class mail. Decisions of the Director requiring environmental review pursuant to the State Environmental Policy Act, WAC 197-11, and the provisions of TMC Chapter 13.12, shall also include a Threshold Determination by the Responsible Official for the Department.

(a)

A full copy of the decision shall be provided to any party who commented on the proposal during the comment period.

(b)

A notice of decision shall be mailed by first-class mail to all recipients of the initial public notice, as described above.

A public information sign (or signs), provided by the Department for applications noted in Table H (Section 13.05.070H), indicating that a land use permit application for a proposal has been submitted, shall be erected on the site by the applicant, in a location specified by the Department, within seven calendar days of the date on which a notice of complete application is issued to the applicant. The sign shall remain on the site until the date of final decision, at which time the sign shall be removed by the applicant. The sign shall contain, at a minimum, the following information: type of application, name of applicant, description and location of proposal, and how additional information can be obtained.

Process II − Administrative decisions requiring an environmental determination and height Variances, Shoreline Permits, Conditional Use, Special Development Permits, Wetland/Stream/Fish & Wildlife Habitat Conservation Area (FWHCA) Development Permits, Site Approvals, and Urban Design Project Review.

A public notice shall be provided within 14 days following a notice of complete application being issued to the applicant as identified in Section 13.05.020E.

Public notice shall be mailed by first-class mail to the applicant; property owner (if different than the applicant); neighborhood councils pursuant to TMC Chapter 1.45 and neighborhood business districts pursuant to TMC Chapter 1.47 in the vicinity where the proposal is located; qualified neighborhood or community organizations consistent with the requirements set forth for Process I land use permits; the Tacoma Landmarks Commission (for proposals located within a historic district or affecting a designated landmark); and the Puyallup Tribe of Indians. Any of the above groups may be notified by electronic means instead of, or in addition to, first-class mail, upon written notification to the Department that electronic transmittal is the preferred method. Notice shall also be mailed by first-class mail to occupants and owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances identified in Section 13.05.070H. For major modifications to development approved in a PRD District rezone and/or site approval, the notice of application shall also be provided to all occupants and owners of property and/or taxpayers of record within the entire PRD District and owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances identified in Section 13.05.070H. from the boundary of the PRD District.

Parties receiving public notice shall be given 30 days, with the exception of five to nine lot preliminary plats and Urban Design Project Review permits which shall be given 14 days from the date of mailing (including the day of mailing) to provide any comments on the proposed project to the Department, unless a Public Meeting is held, as provided by Section 13.05.070G.

Notice shall be published in a newspaper of general circulation for applications identified in the table in subsection H of this section.

Decisions of the Director shall be mailed to the applicant and the property owner, if different than the applicant, by first class mail. Decisions of the Director requiring environmental review pursuant to the State Environmental Policy Act, WAC 197 11, and the provisions of TMC Chapter 13.12, shall also include a Threshold Determination by the Responsible Official for the Department.

(a)

A full copy of the decision shall be provided to any party who commented on the proposal during the comment period.

(b)

A notice of decision shall be mailed by first-class mail to: all recipients of the initial public notice, as described above.

Process III − Decisions requiring a public hearing.

A public notice shall be provided within 14 days following a notice of complete application being issued to the applicant as identified in Section 13.05.020C.

Public notice, including the information identified in Section 13.05.070F, shall be mailed by first-class mail to the applicant, property owner (if different than the applicant), neighborhood councils pursuant to TMC Chapter 1.45 and neighborhood business districts pursuant to TMC Chapter 1.47 in the vicinity where the proposal is located; qualified neighborhood or community organizations; the Tacoma Landmarks Commission (for proposals located within a historic district or affecting a designated landmark); and the Puyallup Tribe of Indians. Any of the above groups may be notified by electronic means instead of, or in addition to, first-class mail, upon written notification to the Department that electronic transmittal is the preferred method. Notice shall also be mailed by first-class mail to residents and owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances identified in Section 13.05.070H. For major modifications to development approved in a PRD District rezone and/or site approval, the notice of application shall also be provided to occupants and all owners of property and/or taxpayers of record within the entire PRD District and owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances identified in Section 13.05.070H from the boundary of the PRD District.

The notified parties shall be allowed 21 days from the date of mailing to comment on the pre-threshold environmental determination under provisions of Chapter 13.12, after which time the responsible official for SEPA shall make a final determination. Those parties who comment on the environmental information shall receive notice of the environmental determination. If an appeal of the determination is filed, it will be considered by the Hearing Examiner at the public hearing on the proposal.

A public information sign (or signs), provided by the Department, indicating that a land use permit application for a proposal has been submitted, shall be erected on the site by the applicant, in a location specified by the Department, within seven calendar days of the date on which a notice of complete application is issued to the applicant. The sign shall remain on the site until the date of final decision, at which time the sign shall be removed by the applicant. The notice shall contain, at a minimum, the following information: type of application, name of applicant, location of proposal, and where additional information can be obtained.

Notice shall be published in a newspaper of general circulation for applications identified in the table in subsection H of this section.

Content of public notice and notice of application.

At a minimum, the Public Notice shall contain the following elements:

A clear statement that a full Notice of Application as described below is available, and how to access that Notice;

A project description, including type of permit requested, proponent, location, and vicinity map;

Preliminary environmental determination (or exemption);

Project contact information, including comment method and deadline and, as applicable, the following:

(1)

Date, time, place and type of hearing (notice must be provided at least 15 days prior to the open record hearing);

(2)

A provision which advises that a “public meeting” may be requested by any party entitled to notice.

The notice of application shall contain the following information, where applicable, in whatever sequence is most appropriate for the proposal, per the requirements of RCW 36.70B.110. The notice shall be made available, at a minimum, in the project’s online permit file, and by any other methods deemed appropriate:

Date of application;

Date of notice of completion for the application;

Date of the notice of application;

Description of the proposed project action;

List of permits included in the application;

List of studies requested;

Other permits which may be required;

A list of existing environmental documents used to evaluate the proposed project(s) and where they can be reviewed;

Public comment period (not less than 14 nor more than 30 days), to include start date and end date of public comment period, statement of right to comment on the application, receive notice of and participate in hearings, request a copy of the decision when made, and any appeal rights;

Date, time, place and type of hearing (notice must be provided at least 15 days prior to the open record hearing);

Statement of preliminary determination of development regulations that will be used for project mitigation and of consistency;

A provision which advises that a “public meeting” may be requested by any party entitled to notice;

Notice that a copy of the decision taken upon such application will be provided to any person who submits written comments on the application within 14 days of the mailing of such notice, or who requests receipt of a copy of the decision.

Any other information determined appropriate, e.g., preliminary environmental determination, applicant’s analysis of code/policy applicability to project.

Public comment provisions. Parties receiving public notice shall be given the opportunity to comment in writing to the department. A “public meeting” to obtain information, as defined in Section 13.01.050, may be held on applications which require public notification under Process II, and Conditional Use Major Modifications, when:

The Director determines that the proposed project is of broad public significance; or

The neighborhood council pursuant to TMC Chapter 1.45 or the neighborhood business district pursuant to TMC Chapter 1.47 in the area of the proposed project requests a “public meeting”; or

The owners of five or more parcels entitled to notice for the application make a written request for a meeting; or

The applicant has requested a “public meeting.”

Requests for a meeting must be made in writing and must be in the Planning and Development Services office within the comment period identified in the notice. One public meeting shall be held for a permit request regardless of the number of public meeting requests received. If a public meeting is held, the public comment period shall be extended 7 days beyond and including the date of the public meeting. Notice of the “public meeting” shall be mailed at least 14 days prior to the meeting to all parties entitled to original notice, and shall specify the extended public comment period; however, if the Director has determined that the proposed project is of broad public significance, or if the applicant requests a meeting, notification of a public meeting may be made with the notice of application, and shall allow the standard 30-day public comment period.

The comment period for permit type is identified in Section 13.05.070H. When a proposal requires an environmental determination under Chapter 13.12, the notice shall include the time within which comments will be accepted prior to making a threshold determination of environmental significance or non-significance.

Notice and comment period for specified permit applications. Table H specifies how to notify, the distance required, the comment period allowed, expiration of permits, and who has authority for the decision to be made on the application.

Table H − Notice, Comment and Expiration for Land Use Permits
Permit Type	Preapplication Meeting	Notice: Distance	Notice: Newspaper	Notice: Post Site	Comment Period	Decision	Hearing Required	City Council	Expiration of Permit
Interpretation of code	Recommended	100 feet for site specific	For general application	Yes	14 days	Director	No	No	None
Uses not specifically classified	Recommended	400 feet	Yes	Yes	30 days	Director	No	No	None
Boundary line adjustment	Required	No	No	No	No	Director	No	No	5 years³
Binding site plan	Required	No	No	No	No	Director	No	No	5 years³
Environmental SEPA DNS* (see TMC § 13.05.070I)	Optional	Same as case type	Yes if no hearing required	No	Same as case type	Director	No	No	None
Environmental Impact Statement (EIS)* (see TMC § 13.05.070I)	Required for scoping, DEIS and FEIS	1000 feet	Yes	Yes	Minimum 30 days	Director	No, unless part of associated action. Public scoping meeting(s) required	No	None
Variance, height of main structure	Required	400 feet	No	Yes	30 days	Director	No¹	No	5 years
Open space classification	Required	400 feet	No	Yes	2	Hearing Examiner	Yes	Yes	None
Plats 10+ lots	Required	1000 feet	Yes	Yes	21 days SEPA²	Hearing Examiner	Yes	Final Plat	5 years⁶
Rezones	Required	400 feet; 1000 feet for public facility site	No; Yes for public facility site	Yes	21 days SEPA²	Hearing Examiner	Yes	Yes	None
Shoreline/CUP/variance* (see TMC § 13.05.070I)	Required	400 feet	No	Yes	30 days⁵	Director	No¹	No	2 years/maximum⁶
Short plat (2-4 lots)	Required	No	No	No	No	Director	No	No	5 years³
Short plat (5-9 lots)	Required	400 feet	No	Yes	14 days	Director	No¹	No	5 years⁶
Site approval	Required	400 feet	No	Yes	30 days⁵	Director	No	No	5 years
Conditional use* (see TMC § 13.05.070I)	Required	400 feet; 1000 feet for develop-ment sites over 1 acre in size	No	Yes	30 days⁵	Director	No	No	5 years⁴
Conditional use, correctional facilities (new or major modification)	Required	2,500 feet from the edge of the zone	Yes	Yes	30 days²	Hearing Examiner	Yes	No	5 years
Conditional use, detention facilities (new or major modification)	Required	2,500 feet from the edge of the zone	Yes	Yes	30 days²	Hearing Examiner	Yes	No	5 years
Conditional use, large-scale retail	Required	1,000 feet	Yes	Yes	30 days²	Hearing Examiner	Yes	No	5 years
Conditional use, master plan	Required	1000 feet	Yes	Yes	30 days²	Director	Yes	No	10 years
Conditional Use, Minor Modification	Optional	No	No	No	No	Director	No	No	5 years
Conditional Use, Major Modification	Required	400 feet; 1000 feet for public facility sites and master plans	No	Yes	14 days⁵	Director	No	No	5 years
Temporary Shelters Permit	Required	400 feet	Yes	Yes	14 days	Director	No	No	1 year
Minor Variance	Optional	100 feet⁷	No	No	14 days	Director	No¹	No	5 years
Variance	Optional	100 feet	No	Yes	14 days	Director	No¹	No	5 years
Wetland/Stream/ FWHCA development permits	Required	400 feet	No	Yes	30 days	Director	No¹	No	5 years*
Wetland/Stream/ FWHCA Minor Development Permits	Required	100 feet	No	Yes	14 days	Director	No¹	No	5 years*
Wetland/Stream/ FWHCA verification	Required	100 feet	No	Yes	14 days	Director	No¹	No	5 years
Urban Design Project Review, Type I Concept design; (Final design)	Required; (Required)	400 feet; (400 feet)	No; (No)	Yes; (Yes)	14 days; (14 days)	Director; (Director)	No; (No)	No; (No)	1 year; (5 years)
Urban Design Project Review, Type II Concept design; (Final design)	Required; (Required)	400 feet; (400 feet)	No; (No)	Yes; (Yes)	30 days; (30 days)	Urban Design Board; (Urban Design Board)	Yes; (No)	No; (No)	1 year; (5 years)

INFORMATION IN THIS TABLE IS FOR REFERENCE PURPOSE ONLY.

* Programmatic Restoration Projects can request 5 year renewals to a maximum of 20 years total.

When an open record hearing is required, all other land use permit applications for a specific site or project shall be considered concurrently by the Hearing Examiner (refer to Section 13.05.110C).

Notes:
1.	Conditional use permits for wireless communication facilities, including towers, shall expire two years from the effective date of the Director’s decision and are not eligible for a one-year extension.
2.	Comment on land use permit proposal allowed from date of notice to hearing.
3.	Must be recorded with the Pierce County Auditor within five years.
4.	Special use permits for wireless communication facilities, including towers, are limited to two years from the effective date of the Director’s decision.
5.	If a public meeting is held, the public comment period shall be extended 7 days beyond and including the date of the public meeting.
6.	Refer to Section 13.05.120 for preliminary plat expiration dates.
7.	Public Notification of Minor Variances may be sent at the discretion of the Director. There is no notice of application for Minor Variances.

Expanded notification for heavy industrial uses.

Applicability. The following expanded notification standards apply to the following permit applications and SEPA determinations:

Uses classified as “heavy industry” where a shoreline permit, conditional use permit, or variance is required.

SEPA determinations for uses classified as “Petroleum Fuel Facility,” “Cleaner Fuel Infrastructure (new and expanded),” and “Chemical Manufacturing.”

Notice for designated projects will be emailed to all Neighborhood Councils and Business Districts, as well as the Community Council. In addition, notice will be sent to the SEPA contact for all adjacent jurisdictions (Federal Way, Fife, Fircrest, Lakewood, Pierce County, and University Place). This is in addition to all typically-notified parties and the Puyallup Tribe of Indians.

Notification of designated projects will be mailed by first-class mail to the applicant; property owner (if different than the applicant); neighborhood councils and business districts; qualified neighborhood or community organizations; the Puyallup Tribe of Indians; Local Governments in Pierce County; and to owners of property and/or taxpayers of record, as indicated by the records of the Pierce County Assessor/Treasurer.

Notification distance.

The notification distance for a project within the Port of Tacoma Manufacturing/Industrial Center (M/IC) shall extend to 2,500 feet from the boundaries of that center, as generally depicted in the following map:

Figure: Port of Tacoma M/IC Notification Distance Map

Notification distance for a project within the South Tacoma Manufacturing/Industrial Overlay District shall extend to 2,500 feet from the boundaries of the Overlay District as generally depicted in the following map:

Figure: South Tacoma M/IC Notification Distance Map

Notification distance for a qualifying industrial project in any other zoning district, outside either of the above areas, will be 2,500 feet from the boundaries of the project site.

Upon determination of a Complete Application, the City will hold a public meeting to provide notification that a significant project has been applied for. Further, the meeting will provide clarity on the public process (from all permitting agencies) and opportunities for public review and comment.

For projects with an associated land use permit and public notice, this meeting will take place approximately two weeks after the start of the public notice period. Public notice will be extended to 30 days in the rare case that the TMC-required notice period is not already 30 days.

For projects not associated with a land use permit, the meeting will take place after determination that a SEPA application is complete, but prior to issuance of a preliminary SEPA determination. The meeting will include a proposed SEPA timeline, including issuance of the preliminary determination, opportunity for comment, and the appeal process for this type of SEPA determination.

This required public meeting is in lieu of the optional public meeting in Subsection G above.

Upon determination of a Complete Application, the City will post the permit package and all relevant studies on the City’s permitting website.

Additional notification may be done as necessary (i.e., social media posts or separate project web pages) or as appropriate for the project type.

Notice for public hearings.

The Department shall give public/legal notice of the subject, time and place of the Planning Commission, or its advisory committee, public hearings in a newspaper of general circulation in the City of Tacoma prior to the hearing date. The Department shall provide notice of Commission public hearings on proposed amendments to the Comprehensive Plan and development regulations to adjacent jurisdictions, other local and state government agencies, Puyallup Tribal Nation, the applicable current neighborhood council board members pursuant to TMC Chapter 1.45, neighborhood business districts pursuant to TMC Chapter 1.47, and other individuals or organizations identified by the Department as either affected or likely to be interested.

For Comprehensive Plan land use designation changes, area-wide zoning reclassifications, and interim zoning of an area-wide nature, the Department shall ensure that a special notice of public hearing is mailed to all property taxpayers, as indicated in the records of the Pierce County Assessor, and occupants, within, and within 2500 feet of the subject area.

For land use designation amendments, area-wide zoning reclassifications, or center boundary modifications affecting a designated regional growth center or manufacturing and industrial center, the Department shall ensure that a special notice of public hearing is mailed to all property taxpayers and occupants within, and within 2500 feet, of the designated center.

For a proposed amendment to the Comprehensive Plan land use designations or area-wide zoning classifications within a focused geographic area, the Department shall require that a public information sign(s), provided by the Department, is posted in the affected area at least 14 calendar days prior to the Planning Commission public hearing. The sign shall be erected at a location or locations as determined by the Department, and shall remain on site until final decision is made by the City Council on the proposed amendment. The applicant shall check the sign(s) periodically in order to make sure that the sign(s) remains up and in a readable condition. The sign shall contain, at a minimum, the name of the applicant, a description and location of the proposed amendment, and where additional information may be obtained.

The City Clerk shall give public notice of the subject, time and place of public hearings for actions by the City Council in a newspaper of general circulation in the City of Tacoma prior to the hearing date.

(Previously codified as 13.02.057 and 13.05.020, relocated to § 13.05.070 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16; Ord. 28966 Ex. A, 2024-05-07; Ord. 29011 Ex. A, 2024-12-17)

§ 13.05.080 Director decision making authority.

Authority. The Director shall have the authority to act upon the following matters:

Interpretation, enforcement, and administration of the City’s land use regulatory codes as prescribed in this title, including the approval of equivalencies for projects wherein the deviation from code is not substantial and there are alternatives provided that achieve the intent of the code by providing equal or superior results in terms of quantity, quality, location and/or function;

Applications for conditional use permits;

Applications for site plan approvals;

Applications for minor variances and variances;

Applications for preliminary and final plats as outlined in Chapter 13.04, Platting;

Applications for Critical Area Development Permits, Verifications, and Minor Development Permits as outlined in Chapter 13.11;

Applications for Shoreline Management Substantial Development Permits/conditional use/ variances as outlined in Title 19;

Modifications or revisions to any of the above approvals;

Approval of landscape plans;

10.

Extension of time limitations;

11.

Application for permitted use classification for those uses not specifically classified;

12.

Boundary line adjustments, binding site plans, and short plats;

13.

Approval of building or development permits requiring Land Use Code and Environmental Code compliance.

14.

Application for Type I Urban Design Project Review.

Interpretation and application of land use regulatory code. In interpreting and applying the provisions of the Land Use Regulatory Code, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, morals or general welfare. It is not intended by this code to interfere with or abrogate or annul any easements, covenants or agreements between parties. Where this code imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings or requires larger yards or setbacks and open spaces than are required in other ordinances, codes, regulations, easements, covenants or agreements, the provisions of this code shall govern. An interpretation shall be utilized where the factual basis to make a determination is unusually complex or there is some problem with the veracity of the facts; where the applicable code provision(s) is ambiguous or its application to the facts unclear; or in those instances where a person applying for a license or permit disagrees with a staff determination made on the application. Requests for interpretation of the provisions of the Land Use Regulatory Code shall be processed in accordance with the requirements of Section 13.05.090.

Permitted uses – Uses not specifically classified. In addition to the authorized permitted uses for the districts as set forth in this title, any other use not elsewhere specifically classified may be permitted upon a finding by the Director that such use will be in conformity with the authorized permitted uses of the district in which the use is requested. Notification of the decision shall be made by publication in a newspaper of general circulation.

Reasonable accommodation. Any person claiming to have a handicap, or someone acting on their behalf, who wishes to be excused from an otherwise applicable requirement of this Land Use Code under the Fair Housing Amendments Act of 1988, 42 USC § 3604(f)(3)(b), or the Washington Law Against Discrimination, Chapter 49.60 RCW, must provide the Director with verifiable documentation of handicap eligibility and need for accommodation. The Director shall act promptly on the request for accommodation. If handicap eligibility and need for accommodation are demonstrated, the Director shall approve an accommodation, which may include granting an exception to the provisions of this Code.

Purpose. This section provides a procedure for requests for reasonable accommodations made by persons with disabilities, their representative or any entity, when the application of a land use regulation acts as a barrier to fair housing opportunities.

Application. Requests for reasonable accommodation shall be submitted in the form of a letter to the Development Services Division of the Planning and Development Services Department and shall include the following:

The applicant’s name, address, and telephone number;

Address of the property for which the request is being made;

The current use of the property;

The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations;

The code provision, regulation or policy from which reasonable accommodation is being requested, including all applicable material necessary to reach a decision regarding the need for and reasonableness of the accommodation, such as drawings, pictures, plans, correspondence or any other background information relevant to the request;

The type of accommodation being sought and why the reasonable accommodation is necessary to make the specific property accessible to the individual; and

Other supportive information deemed necessary by the Department to facilitate proper consideration of the request, consistent with the Acts.

No application fee shall apply to a request for reasonable accommodation (unless the request is being made concurrently with an application for some other Land Use discretionary permit, in which case the applicant shall pay only the required application fee for that other discretionary permit).

Review authority and review procedure.

Review authority. Requests for reasonable accommodation shall be reviewed by the Director, or designee.

Other review authority. Requests for reasonable accommodation submitted for concurrent review with another Land Use discretionary application shall be reviewed by the authority reviewing the discretionary land use application; further, a reasonable accommodation cannot waive a requirement for a Conditional Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City’s land use and zoning regulations.

Review procedure. The Director, or designee, shall either grant, grant with conditions, or deny a request for reasonable accommodation in accordance with § 13.05.080D.5 (Findings and Decision).

The Director may require an Accommodation Agreement be recorded with the Pierce County Auditor to provide notice and ensure conditions of approval are met. The City will be responsible for creating the Accommodation Agreement and will provide it to the applicant. The Accommodation Agreement must be recorded prior to issuance of Certificate of Occupancy or Certificate of Completion for the associated building permit;

A notice of the Director’s decision will be mailed to all property owners/taxpayers located within 100 feet of the site where the accommodation is requested.

Findings and decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors, with or without conditions:

The requested accommodation is necessary to make specific housing available to a disabled person;

The housing will be used by a disabled person;

The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning; and

The requested accommodation would not impose an undue financial or administrative burden on the City;

Reasonable conditions. In granting a request for reasonable accommodation, the reviewing authority may further impose conditions of approval that are deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required under § 13.05.080D.5 above, such as removal of the improvements, where removal would not constitute an unreasonable financial burden and when the need for which the accommodation was granted no longer exists.

(Previously codified as 13.05.030, relocated to § 13.05.080 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28966 Ex. A, 2024-05-07)

§ 13.05.090 Decision of the Director.

Effect of director’s land use decision. The Director’s decision shall be final; provided, that pursuant to subsection H of this section, an appeal may be taken to the Hearing Examiner. The Director’s decision shall be based upon the criteria set forth for the granting of such permit, the policies of the Comprehensive Plan, and any other applicable program adopted by the City Council. The decision of the Director shall be set forth in a written summary supporting such decision and demonstrating that the decision is consistent with the applicable criteria and standards contained in this title and the policies of the Comprehensive Plan. The decision shall include the environmental determination of the responsible official.

Conditioning land use approvals. When acting on any land use matter, the Director may attach any reasonable conditions found necessary to make the project compatible with its environment, to carry out the goals and policies of the City’s Comprehensive Plan, including its Shoreline Master Program, or to provide compliance with applicable criteria or standards set forth in the City’s Land Use Regulatory Codes. Such conditions may include, but are not limited to:

The exact location and nature of the development, including additional building and parking area setbacks, screening in the form of landscape berms, landscaping or fencing;

Mitigating measures, identified in applicable environmental documents, which are reasonably capable of being accomplished by the project’s sponsor, and which are intended to eliminate or lessen the environmental impact of the development;

Provisions for low-and moderate-income housing as authorized by state statute;

Hours of use or operation, or type and intensity of activities;

Sequence in scheduling of development;

Maintenance of the development;

Duration of use and subsequent removal of structures;

Dedication of land or granting of easements for public utilities and other public purposes;

Construction of, or other provisions for, public facilities and utilities. In regard to the conditions requiring the dedication of land or granting of easements for public use and the actual construction of or other provisions for public facilities and utilities, the Director shall find that the problem to be remedied by the condition arises, in whole or significant part, from the development under consideration, the condition is reasonable, and is for a legitimate public purpose.

10.

Critical Area development permits, minor development permits, and verifications shall be subject to TMC Chapter 13.11.

Refer to Section 13.05.150 and TMC Chapter 13.11 for procedures to enforce permit decisions and conditions.

Timing of decision. Upon issuance of a Complete Application, the Director shall issue a decision as set forth below, unless additional time has been agreed to by the applicant, or for other reasons as stated in Section 13.05.020.

Permits that do not require public notice - final decision shall be issued within 65 calendar days.

Permits that require a public notice - final decision shall be issued within 100 calendar days.

In the event the Director cannot act upon a land use matter within the time limits set forth, the Director shall notify the applicant in writing, setting forth reasons the matter cannot be acted upon within the time limitations prescribed, and estimating additional time necessary for completing the recommendation or decision.

Mailing of decision.

A copy of the decision shall be mailed to the applicant and the property owner, if different than the applicant, by first class mail. A copy of the decision shall be mailed to those who commented in writing or requested a copy of the decision within the time period specified in Section 13.05.070 and a summary of the decision shall also be mailed by first-class mail to owners of the property, as indicated by the records of the Pierce County Assessor/Treasurer, within the distances specified in Section 13.05.070H; the Puyallup Indian Tribe for “substantial actions” as defined in the “Agreement Between the Puyallup Tribe of Indians, Local Governments in Pierce County, the State of Washington, the United States of America, and Certain Private Property Owners,” dated August 27, 1988; neighborhood councils pursuant to TMC Chapter 1.45 or the neighborhood business districts pursuant to TMC Chapter 1.47 in the vicinity of the proposal; and qualified neighborhood or community organizations.

Notice to the State of Washington on Shoreline Permit Decisions/Recommendations. Copies of the original application and other pertinent materials used in the final decision in accordance with this section, State regulations, and, pursuant to RCW 90.58 or 43.21C, the permit and any other written evidence of the final order of the City relative to the application, shall be transmitted by the Director to the Attorney General of the State of Washington and the Department of Ecology in accordance with WAC 173-27-130 and RCW 90.58.140(6).

Notice shall be provided to property owners affected by the Director’s decision that such owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Notice of the Director’s decision shall also be provided to the Pierce County Assessor/Treasurer’s Office.

Consolidated review of multiple permit applications and of environmental appeals with the underlying land use action. Applications which require an open-record hearing shall be considered by the Hearing Examiner. When an open-record hearing is required, all other land use permit applications for a specific site or project shall be considered concurrently. Therefore, in this situation, applications for which the Director has authority shall be transferred to the jurisdiction of the Hearing Examiner to allow consideration of all land use actions concurrently.

Consolidated review of land use permitting on multi-jurisdictional projects. Applications for projects that require land use permits from the City of Tacoma as well as from a neighboring jurisdiction, and where such neighboring jurisdiction’s land use permitting processes require a pre-decision public hearing, the application for the City of Tacoma’s land use permit shall be transferred to the jurisdiction of the Hearing Examiner for the purpose of conducting a joint hearing with the other permitting jurisdiction. Should a joint hearing not be arranged by agreement of the permitting jurisdictions, the matter shall be returned to the jurisdiction of the Director.

Reconsideration. A request for reconsideration may be made on any decision or ruling of the Director by any aggrieved person or entity having standing under this chapter. A request seeking reconsideration shall be in writing and shall set forth the alleged errors of procedure, fact, or law. The request for reconsideration shall be filed with Planning and Development Services within 14 calendar days of the issuance of the Director’s decision, not counting the day of issuance of the decision. If the last day for filing the request for reconsideration falls on a weekend day or a holiday, the last day for filing shall be the next working day. It shall be within the discretion of the Director to determine whether the opposing party or parties will be afforded an opportunity to respond. After review of the matter, the Director shall take such further action deemed proper, which may include the issuance of a revised decision.

Appeal to the Hearing Examiner. Any aggrieved person having standing under this chapter shall have the right, within 14 calendar days of the issuance of the Director’s decision to appeal the Director’s decision to the Hearing Examiner. Such appeal shall be in accordance with Section 13.05.100 of this chapter.

Compliance with permit conditions. Compliance with conditions established in a permit is required. Any departure from the conditions of approval or approved plans constitutes a violation of this title and shall be subject to enforcement actions and penalties. See Section 13.05.150 for enforcement and penalties.

(Previously codified as 13.05.040, relocated to § 13.05.090 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 29011 Ex. A, 2024-12-17)

§ 13.05.100 Appeals of administrative decisions.

Purpose. The purpose of this section is to cross-reference the procedures for appealing administrative decisions on land use proposals.

Applicability. The provisions of this section shall apply to any order, requirement, permit, decision, or determination on land use proposals made by the Director. These may include, but are not limited to, variances, short plat, wetland/stream development, site approval, and conditional use permits, modifications to permits, interpretations of land use regulatory codes, and decisions for the imposition of fines. Appeals of shoreline permit decisions shall be subject to the appeals process in the Shoreline Master Program and TMC Title 19. These provisions also do not apply to activities that are allowed with staff review under TMC Chapter 13.11.

Appeal to the Hearing Examiner. The Hearing Examiner shall have the authority to hear and decide appeals from any final written order, requirement, permit, decision, or determination on land use proposals, except for appeals of decisions identified in Chapter 13.04. The Hearing Examiner shall consider the appeal in accordance with procedures set forth in Chapter 1.23 and the Hearing Examiner’s rules of procedure.

Who may appeal. Any final decision or ruling of the Director may be appealed by any aggrieved person or entity having standing under the ordinance relevant to the Director’s final written order. In this context, an “aggrieved person” shall be defined as a person who is suffering from an infringement or denial of legal rights or claims. An aggrieved person has “standing” when it is determined that the person or entity can demonstrate that such person or entity is within the zone of interest to be protected or regulated by the City law and will suffer direct and substantial impacts by the governmental action of which the complaint is made, different from that which would be experienced by the public in general.

Time limit for appealing. Appeals from decisions or rulings of the Director shall be made within 14 calendar days of the effective date of the final written order or within seven calendar days of the date of issuance of the decision on a request for reconsideration, not counting the day of issuance of the decision. If the last day for filing an appeal falls on a weekend day or a holiday, the last day for filing shall be the next working day.

Form of appeal. An appeal of the Director shall take the form of a written statement of the alleged reason(s) the decision was in error, or specifying the grounds for appeal. The following information, accompanied by an appeal fee as specified in Section 2.09.170, of the Tacoma Municipal Code, shall be submitted:

An indication of facts that establish the appellant’s right to appeal.

An identification of explicit exceptions and objections to the decision being appealed, or an identification of specific errors in fact or conclusion.

The requested relief from the decision being appealed.

Any other information reasonably necessary to make a decision on the appeal.

NOTE: Failure to set forth specific errors or grounds for appeal shall result in summary dismissal of the appeal.

Where to appeal. The Office of the Hearing Examiner.

(Previously codified as 13.05.050, relocated to § 13.05.100 by Ord. 28613 Ex. G, 2019-09-24)

§ 13.05.105 (Repealed)

(Sign enforcement. Ord. 26435 § 2, 1999-06-08; Ord. 27017 § 8, 2002-12-03; Ord. 27245 § 7, 2004-06-22; Ord. 27893 Ex. A, 2010-06-15; repealed by Ord. 27912 Ex. A, 2010-08-10)

§ 13.05.110 Applications considered by the Hearing Examiner. [1]

Reclassifications. A public hearing shall be held by the Hearing Examiner for parcel reclassification of property. The application shall be processed in accordance with provisions of Sections 13.05.020 and 13.05.070. Refer to Section 13.05.030C for criteria which apply to reclassification of property.

Subdivision of property. A public hearing shall be conducted by the Hearing Examiner for preliminary plats with ten or more lots. The provisions of Chapter 13.04 for processing of the application shall apply.

Consolidated review of multiple permit applications and of environmental appeals considered concurrently. The Hearing Examiner shall consider concurrently all related land use permit applications for a specific site, and any accompanying environmental appeal. Applications for which the Director has authority shall be transferred to the jurisdiction of the Hearing Examiner to allow concurrent consideration of all land use actions, as prescribed in Section 13.05.090.

(Previously codified as 13.05.060 (Applications considered by the Hearing Examiner), relocated to § 13.05.110 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08)

[1]

Code Reviser’s note: “Violations - Penalties” previously codified as 13.05.110, was previously repealed by Ord. 27912.

§ 13.05.120 Expiration of permits.

(Refer to Table H in Section 13.05.070).

Expiration schedule. The following schedule indicates the expiration provisions for land use permits within the City of Tacoma.

	Type of Permit	Maximum Duration
1.	Conditional Use Permit	5 years, possible 1-year extension^a
2.	Variance	5 years, possible 1-year extension
3.	Site Approval	5 years, possible 1-year extension
4.	Wetland/Stream/FWHCA Development Permits and Wetland/Stream/FWHCA Minor Development Permits	5 years. Programmatic Restoration projects can apply for possible 5 year renewals, not to exceed 20 years total
5.	Wetland Delineation Verifications	5 years
6.	Preliminary Plat	5 years, 7 years, or 10 years to submit a final plat permit application, dependent on preliminary plat approval date per RCW 58^b
7.	Binding Site Plans, Short Plats, Boundary Line Adjustments	5 years to record with Pierce County Auditor
8.	Shoreline Permits	2 years to commence construction; 5 years maximum, possible one-year extension
9.	Urban Design Project Review	5 years, possible 1-year extension

Footnotes:
a.	Conditional use permits for wireless communication facilities, including towers, shall expire two years from the effective date of the Director’s decision and are not eligible for a one-year extension.
b.	If the preliminary plat was approved on or before December 31, 2007, the final plat must be submitted within ten years of the preliminary plat approval. If the preliminary plat was approved after December 31, 2007, but on or before December 31, 2014, the final plat must be submitted within seven years of the preliminary plat approval. A preliminary plat approved after January 1, 2015, must be submitted for final plat within five years of the preliminary plat approval.

Footnotes:

Conditional use permits for wireless communication facilities, including towers, shall expire two years from the effective date of the Director’s decision and are not eligible for a one-year extension.

If the preliminary plat was approved on or before December 31, 2007, the final plat must be submitted within ten years of the preliminary plat approval. If the preliminary plat was approved after December 31, 2007, but on or before December 31, 2014, the final plat must be submitted within seven years of the preliminary plat approval. A preliminary plat approved after January 1, 2015, must be submitted for final plat within five years of the preliminary plat approval.

The Hearing Examiner or Director may, when issuing a decision, require a shorter expiration period than that indicated in subsection A of this section. However, in limiting the term of a permit, the Hearing Examiner or Director shall find that the nature of the specific development is such that the normal expiration period is unreasonable or would adversely affect the health, safety, or general welfare of people working or residing in the area of the proposal. The Director may adopt appropriate time limits as a part of action on shoreline permits, in accordance with WAC 173-27-090.

Commencement of permit term. The term for a permit shall commence on the date of the Hearing Examiner’s or Director’s decision; provided, that in the event the decision is appealed, the effective date shall be the date of decision on appeal. The term for a shoreline permit shall commence on the effective date of the permit as defined in WAC 173-27-090.

When permit expired. A permit under this chapter shall expire if, on the date the permit expires, the project sponsor has not submitted a complete application for building permit or the building permit has expired, with the exception of projects that qualify for a programmatic restoration project extension. Programmatic restoration projects shall be allowed to apply for a renewal every five (5) years for a maximum total of 20 years to allow implementation of long-term habitat recovery.

In order to apply for a renewal, the applicant is required to submit a status report explaining the progress of a minor development permit or development permit and shall identify the remaining items requiring additional permitting, including building permits. The applicant shall provide copies of any monitoring reports that were required as part of the permit conditions. The renewal application shall be submitted prior to the termination of the five year limit with the appropriate renewal fees.

(See § 13.11.220A – Programmatic Restoration Projects processed under the Minor Development Permit or the Development Permit may qualify for additional time extensions according to TMC § 13.05.120.)

Extension of Permits (excluding those permits subject to RCW 58 Boundaries and Plats and those permits subject to WAC 173-27-090).

The Director may authorize a permit extension for up to one (1) year if a written request for an extension has been filed prior to the permit expiration date and has been determined to comply with the following criteria:

No significant changes in the site, proposal, or surrounding area have occurred which would result in the modification of a special condition of approval or could significantly alter a finding made in the original decision;

No changes have been made to the proposal which would necessitate additional review or permitting;

No changes have occurred on the site which would necessitate additional review or permitting;

If changes to the proposal or site have occurred, they do not exceed the standards found in § 13.05.130B, Minor Modifications.

The Director may place conditions upon the permit extension request and notice of the approved extension shall be mailed to parties of record and required agencies pursuant to Section 13.05.070H. The extension of Shoreline permits shall be authorized in accordance with WAC 173-27-090 and notice of the extension shall be provided to the Department of Ecology.

(Previously codified as 13.05.070, relocated to § 13.05.120 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28966 Ex. A, 2024-05-07)

§ 13.05.130 Modification/revision to permits.

Purpose. The purpose of this section is to define types of modifications to permits and to identify procedures for those actions.

Minor modifications. No additional review for minor modifications to previously approved land use permits is required, provided the modification proposed is consistent with the standards set forth below:

The proposal results in a change of use that is permitted outright in the current zoning classification.

The proposal does not add to the site or approved structures more than a 10 percent increase in square footage.

If a modification in a special condition of approval imposed upon the original permit is requested, the proposed change does not modify the intent of the original condition.

The proposal does not increase the overall impervious surface on the site by more than 25 percent.

The proposal is unlikely to result in a notable increase in or any new significant adverse effects on adjacent properties or the environment.

Any additions or expansions approved through a series of minor modifications that cumulatively exceed the requirements of this section shall be reviewed as a major modification.

Major modifications. Any modification exceeding any of the standards for minor modifications outlined above shall be subject to the following standards.

Major modifications shall be processed in the same manner and be subject to the same decision criteria that are currently required for the type of permit being modified. Major modifications to Site Rezone Permits that do not change the site’s zoning designation shall be considered by the Director and processed as a Process II permit, consistent with the regulations found in Section 13.05.070D. Major modifications to Conditional Use Permits shall be processed as a Process I permit, consistent with the regulations found in Section 13.05.070C. Major Modification to a Type I Urban Design Project Review permit shall be reviewed at the Final Design step (see Section 13.19.040F.1). Major Modification to a Type II Urban Design Project Review permit shall be reviewed at the Final Design step (see Section 13.19.040F.2).

In addition to the standard decision criteria, the Director or Hearing Examiner shall, in their review and decision, address the applicability of any specific conditions of approval for the original permit.

Shoreline permit revision.

The applicant shall submit detailed plans and text describing the proposed changes in the permit, and how those changes are within the scope and intent of the original permit in accordance with WAC 173-27-100.

Conditional use permit revision.

Conditional use permits issued for special needs housing facilities pursuant to Sections 13.06.080N and 13.05.010A shall, in addition to the above criteria, be subject to the following additional revision criteria:

Minor modifications shall include: changes in the number of residents up to 10 percent, minor modifications to the operational plan, and changes of the operating agency or provider to a parent organization or to an equivalent organization (e.g., from one supportive housing provider that is licensed by DSHS to another).

Major modifications shall include: changes in the mission of the organization, significant changes to the operational plan (changes that could potentially affect the impacts of the facility on the surrounding community), and substantial changes in staffing levels (e.g., increase in number of professional staff by more than 10 percent).

PRD District modifications.

Proposed modifications to development approved in a PRD District rezone and/or site approval shall, in addition to the above criteria, be deemed minor only if all the following criteria are satisfied:

No new land use is proposed;

No increase in density, number of dwelling units, or lots is proposed;

No reduction in the amount of approved open space is proposed, excluding reductions in private yards; and

No reduction in the amount, quality or condition of sustainability features and, when applicable, affordable housing units required as part of the PRD decision.

Examples of minor modifications could include, but are not limited to, lot line adjustments, minor relocations of buildings or landscaped areas, minor additions to existing buildings, the construction of accessory buildings, and minor changes in phasing and timing.

In addition to the standard criteria applicable to major modifications to a PRD District rezone and/or site approval, such major modifications to fully or partially developed PRD Districts shall only be approved if found to be consistent with underlying zoning designation. Major modifications shall be processed as a zoning reclassification (and, if necessary, a Plat Alteration) to the underlying zoning district.

Other permits. Any modification, whether considered minor or major, may still require approvals other than the type granted for the original development. For example, an existing, permitted conditional use seeking a modification that qualifies as a minor modification to their existing conditional use permit but that also necessitates a variance to a development standard, would not be required to obtain approval of a major modification to their existing conditional use permit or a new conditional use permit but would need to receive a variance permit for the project. Additional Departures may be requested to an approved Urban Design Project Review and processed as a Major Modification per Section 13.05.130C.

(Previously codified as 13.05.080, relocated to § 13.05.130 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Exs. A and E, 2020-12-08; Ord. 28966 Ex. A, 2024-05-07; Ord. 28986 Ex. D, 2024-11-19)

§ 13.05.140 Director approval authority.

No building or development permit shall be issued without prior approval of the Director or designee with regard to compliance with the Land Use Code or the Environmental Code.

(Previously codified as 13.05.090, relocated to § 13.05.140 by Ord. 28613 Ex. G, 2019-09-24)

§ 13.05.150 Enforcement.

Purpose. To ensure that the Land Use Regulatory Code, as well as conditions imposed on land use permits granted by the City, are administered, enforced, and upheld to protect the health, safety and welfare of the general public.

Applicability. A person who undertakes a development or use without first obtaining all required land use permits or other required official authorizations or conducts a use or development in a manner that is inconsistent with the provisions of this title, or who fails to conform to the terms of an approved land use permit or other official land use determination or authorization of the Director, Hearing Examiner, City Council or other authorized official, or who fails to comply with a stop work order issued under these regulations shall be considered in violation of this title and be subject to enforcement actions by the City of Tacoma, as outlined herein.

The Director, and/or their authorized representative, shall have the authority to enforce the land use regulations of the City of Tacoma.

The Land Use Regulatory Code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

It is the intent of this Land Use Regulatory Code to place the obligation of complying with its requirements upon the owner, occupier, or other person responsible for the condition of the land and buildings within the scope of this title.

No provision of, or term used in, this code is intended to impose upon the City, or any of its officers or employees, any duty which would subject them to damages in a civil action.

Any violation of this title is a detriment to the health, safety, and welfare of the public, and is therefore declared to be a public nuisance.

Enforcement process. Any person or entity violating any of the provisions hereof shall be subject to all penalties and enforcement processes defined in the Uniform Enforcement Code, set forth at Chapter 1.82 of the Tacoma Municipal Code.

(Previously codified as 13.05.100, relocated to § 13.05.150 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 29042 Ex. A, 2025-06-24)

Tacoma City Zoning Code

CHAPTER 13

05 Land Use Permits and Procedures

§ 13.05.010 Land use permits.

Conditional Use Permits (CUPs).

General criteria. Unless otherwise excepted, all conditional use permit applications shall be subject to the following criteria:

There shall be a demonstrated need for the use within the community at large which shall not be contrary to the public interest.

The use shall be consistent with the goals and policies of the Comprehensive Plan, any adopted neighborhood or community plan, and applicable ordinances of the City of Tacoma.

(1)

The generation of noise, noxious or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(2)

(3)

The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties.

Conditional uses and height.

(1)

Airports;

(2)

Religious assembly;

(3)

Schools, public or private;

(4)

Public service facilities;

(5)

Hospitals;

(6)

Wireless communication towers or wireless facilities;

(7)

Utilities;

(8)

Park and recreation;

(9)

Surface Mining.

Required submittals. Applications for conditional use permits for special needs housing facilities shall include the following:

(1)

A Land Use Permit Application containing all of the required information and submissions set forth in Section 13.05.010 for conditional use permits.

(2)

Written confirmation from the applicant that a pre-application public meeting has been held, as required under subsection a. above.

(3)

(4)

An Operation Plan that provides information about the proposed facility and its programs, per the requirements of Planning and Development Services.

(1)

(2)

(3)

(4)

(a)

The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety and the ability of the proponent to mitigate any potential impacts.

(b)

The provision of adequate off-street parking, on-site circulation, and site access.

(c)

•	All program activities must take place within the facility or in an appropriately designed private yard space.
•	Adequate outdoor/recreation space must be provided for resident use.

(d)

(e)

The generation of noise, noxious, or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(5)

Demonstration of the owner’s capacity to own, operate, and manage the proposed facility, to include the following:

(a)

Provision of an operation plan which will provide for sufficient staffing, training, and program design to meet the program’s mission and goals.

(b)

(c)

Demonstration of knowledge of the City’s Public Nuisance Code, TMC Chapter 8.30, and plans to educate the facility staff in the provisions of the nuisance code.

(d)

Participation in the City’s Multi-Family Crime-Free Housing program by both the property owner and by on-site staff.

(e)

Provision of a point of contact for the facility to both the Neighborhood Council and the City.

(f)

Written procedures for addressing grievances from the neighborhood, City, and facility residents.

An application for a conditional use permit for a special needs housing facility shall also comply with the standards in § 13.06.080N Special Needs Housing.

The Director may, when appropriate, utilize other staff or outside parties in the review of such applications.

Adaptive reuse of a heritage building.

If the structure or site is a designated historic landmark, then proposed development activities shall be subject to the requirements of TMC Chapter 13.07.

To be eligible, all of the following must be applicable to the site:

(1)

The site is located in a Residential (R) or Urban Residential (UR) District.

(2)

These provisions are limited to heritage buildings as defined above and in TMC § 13.01.060H.

The proposed use(s) shall be limited to the following:

•	Assembly facilities
•	Commercial recreation/entertainment
•	Continuing care retirement communities
•	Craft production
•	Cultural institutions, including art galleries
•	Dwellings
•	Eating and drinking
•	Extended care facilities
•	Group housing
•	Intermediate care facilities
•	Live/Work
•	Offices
•	Personal services
•	Retail
•	Retirement homes
•	Short-term rentals
•	Theater

Conditions. In addition to the standards listed above, the Director may attach conditions to ensure that the applicable criteria are met.

There shall be a demonstrated need for the use within the community at large which shall not be contrary to the public interest.

The use shall be consistent with the goals and policies of the Comprehensive Plan, any adopted neighborhood or community plan, and applicable ordinances of the City of Tacoma.

(1)

The generation of noise, noxious or offensive emissions, light, glare, traffic, or other nuisances which may be injurious or to the detriment of a significant portion of the community.

(2)

(3)

The adequacy of landscaping, screening, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the use upon neighboring properties.

Freight movement will not be negatively impacted by the proposed use and related traffic generation.

The proposed use is not located adjacent to or within 500 feet of a primary rail or truck access for an industrial or manufacturing use.

The proposed use is not likely to negatively impact adjacent industrial and manufacturing uses or displace an existing industrial or manufacturing user.

The intent and regulations of the NRX district.

10.

Large scale retail.

(1)

(2)

(3)

(4)

(5)

(6)

Upon issuance, the Hearing Examiner’s decision may be appealed subject to procedures contained in Chapter 1.23.

11.

Impacts to the community that may result from the reestablishment of the use; and

Whether a reasonable effort has been made by the owner/applicant to maintain the property and use.

12.

13.

A rezone of the site would be inappropriate;

The change or expansion of the nonconforming use will have a positive impact on the surrounding uses and the area overall;

(1)

Landscaping and buffering;

(2)

Pedestrian and bicycle support standards;

(3)

Off-street parking and storage areas.

14.

Correctional or detention facilities.

15.

Surface mining. In addition to the General Criteria, the applicant shall submit plans and other necessary information justifying the proposed use or uses as follows:

Surface Mining is also subject to the standards in § 13.06.080, Subsection O.

16.

The extent to which the proposed location furthers the equitable distribution (“fair sharing”) of essential public facilities within various areas of the City.

(1)

(2)

Qualified staff numbers, level of responsibilities, and scheduling.

The extent to which the landscape plan of the facility meets the requirements of the zone while allowing visual supervision of the residents of the facility.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation.

Juvenile Community Facilities are also subject to the standards in § 13.06.080H.

17.

The extent to which the facility’s landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation.

Work Release Centers are also subject to standards in § 13.06.080R, Work Release Centers.

18.

Parks and recreation.

Applicability. The review process provisions of this section apply to all parks, recreation and open space uses in residential zones.

(1)

(2)

(a)

Two or more baseball, softball, football, soccer, rugby or similar sports fields improved with permanent sports and/or spectator features;

(b)

Two or more basketball courts or four or more half basketball courts;

(c)

Four or more tennis, handball or similar sports courts;

(d)

Specialized high-intensity recreation facilities with a site footprint greater than 1,500 square feet;

Parking. Development of more than 20 off-street parking spaces associated with a parks, recreation or open space use.

Expansions or modifications of existing Conditional park and recreation facilities shall require review as follows:

(1)

Expansions or modifications to Destination facilities, High-intensity lighting and Parking are subject to the Major Modification thresholds of Section 13.05.130.

(2)

High-intensity recreation facilities: Expansions or modifications exceeding one or more of the following thresholds shall require a Major Modification:

(a)

(b)

Distance-based conditional use permit exemption.

(1)

(2)

Park and Recreation Facilities shall also meet the standards in § 13.06.080L, Parks, recreation and open space.

19.

Wireless communication facilities.

Application for conditional use permit and building permit shall include the following:

(1)

All the required submittals set forth in Section 13.06.080Q.

(2)

(3)

(4)

The approximate distance between the proposed tower or antenna and the nearest residentially-zoned property.

(5)

At the time of site selection, the applicant should demonstrate how the proposed site fits into its existing overall network within the City.

(6)

In addition to these criteria, proposed Wireless Communication Facilities shall meet the standards in § 13.06.080Q, Wireless Communication Facilities.

20.

Downtown Master Planned Development (DMPD).

Applicability. Any development meeting the following criteria may qualify as a Downtown Master Planned Development:

(1)

(2)

The development meets the Basic Design Standards and Additional Standards as required.

(3)

The development complies with at least four of the Design Standards for Increasing Allowable FAR.

(4)

The development provides one Special Feature.

(5)

The development is governed by a master plan that describes, in detail, building footprints, massing, heights, public spaces and pedestrian connections, and architectural characteristics.

In no case can the maximum allowable FAR for the zoning district be exceeded except as otherwise provided.

21.

Chemical manufacturing, processing, and wholesale distribution.

Decision: hearing examiner.

In addition to the general conditional use criteria, Chemical manufacturing, processing, and wholesale distribution must demonstrate the following when a conditional use permit is required:

(1)

Consultation:

•

(2)

Public health and safety:

•	The property on which the proposed facility is to be located must not expose large concentrations of people, particularly in residential and commercial areas, to unreasonable adverse impacts. In applying this criteria the City shall consider impacts to employee-dense businesses in the Tideflats as well as to detention/correctional facilities and people detained within those facilities.
•	The lot is located, or the use can be appropriately mitigated, to avoid any adverse impacts on receipt or utilization of federal funding for affordable housing and community development in adjacent residential and mixed-use areas, with particular attention given to Trust Lands of the Puyallup Tribe of Indians. The City will consider the current methodology for Acceptable Separation Distances as published by the Department of Housing and Urban Development in determining appropriate separation distances and on-site mitigation measures for this purpose.
•	The applicant shall submit a management plan. The City will determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation, spill prevention, and other factors may be required.
•	The City may impose conditions of approval limiting the nature of the materials produced and/or the scale of manufacturing operations in order to minimize the degree and severity of risks to public health and safety.

(3)

Emergency services and risk management:

•	The project shall not result in any increased risk of spill within the waters of Puget Sound and Commencement Bay. Updated spill response and emergency response plans shall be provided with the application, for review by all appropriate agencies;
•	Plans and sufficient, realistic performance bonding for decommissioning and failure incidents are provided to ensure that the site will be rehabilitated after the use or activity is completed, terminated, or abandoned;
•	Permit applicant to provide proof of insurance naming City of Tacoma as additional insured.
•	Any adverse impacts to emergency services or increased demands for emergency services necessary to ensure the health and safety of employees and surrounding communities shall be mitigated concurrently with the proposed use or development.

(4)

•	There will be no likely long-term significant adverse impacts to shoreline resources or uses, or shorelines of statewide significance;
•	All feasible steps are taken to avoid and minimize adverse social and economic impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and recreational, commercial, and tribal fishing;
•	All feasible steps are taken to avoid and minimize adverse impacts to fish and wildlife, including impacts on migration routes and habitat areas of species listed as endangered or threatened, environmentally critical and sensitive habitats such as breeding, spawning, nursery, foraging areas and wetlands. All impacts that cannot be avoided can be sufficiently mitigated or compensated so as to achieve no net loss of ecological functions over time.

22.

All the dwelling units in the development must be affordable at 60 percent Area Median Income for rentals or 80 percent of Area Median Income for ownership.

The provisions of TMC Chapter 1.39 Affordable Housing Incentives and Bonuses Administrative Code shall apply. The fee in lieu option is not available for this purpose.

23.

Pre-existing non-residential uses in residential districts.

To be eligible, all of the following must be applicable to the site:

(1)

The site is located in a residential zoning district.

(2)

The site is less than 1 acre in size.

(3)

The uses and/or structures are either legally nonconforming or legally permitted.

(4)

The primary building(s) or site improvements constructed for a non-residential use are still in place, irrespective of whether they continue to be used for their original purpose.

The proposed use(s) shall be limited to the following:

•	Assembly facilities
•	Continuing care retirement communities
•	Craft production
•	Cultural institutions, including art galleries
•	Dwellings
•	Eating and drinking
•	Extended care facilities
•	Group housing
•	Intermediate care facilities
•	Live/Work
•	Offices
•	Personal services
•	Retail, provided it is primarily neighborhood serving
•	Retirement homes
•	Short-term rentals

24.

Residential Business 2.

Criteria. In addition to the General Criteria, a conditional use permit for a Residential Business 2 shall be authorized only if it can be found to be consistent with all of the following criteria.

(1)

The occupation must be clearly incidental and subordinate to the use of the dwelling as a residence.

(2)

Any outdoor display or storage of materials, goods, supplies, or equipment used in the residential business shall be fully screened from view beyond the site.

(3)

(4)

(5)

(6)

(7)

Public hours of operation. Any aspects of the business that are available to the public shall only be conducted between 8 a.m. to 8 p.m.

(8)

(9)

The Director may attach additional conditions to a residential business license to ensure that the criteria set forth above are met.

25.

Mixed-use residential development, limited.

General standards.

(1)

To be eligible, all of the following must be applicable to the site:

(a)

The site is located in a UR-3, R-4, and R-5 zoning district.

Use standards.

(1)

All development must conform to the Special Use standards contained in § 13.06.080U.4, except § 13.06.080U.4(3), which limits non-residential uses to 3,000 sq. ft. cumulatively.

Criteria. In addition to the General Criteria, the Director may attach conditions to ensure that the applicable criteria and use standards are met.

Standard	Special Use, by-right	Conditional Use	Comparison
Eligibility	UR-3, R-4, or R-5 zoning; Pedestrian Street or arterial street frontage; and corner site	UR-3, R-4, or R-5 zoning	Different
Residential use	Must occupy more than 50% of building	Must occupy more than 50% of building	Same
Non-residential use, location	Limited to ground floor; within 100 ft. of a Pedestrian Street or arterial street	Limited to ground floor	Different
Non-residential use, area	Max. 3,000 sq. ft.	No specific area limit	Different
Non-residential use, exterior uses	Max. 50% of interior space, use and storage limited to public hours of operation	Max. 50% of interior space, use and storage limited to public hours of operation	Same
Hours of operation	Public hours limited to 8 a.m. to 8 p.m.	Public hours limited to 8 a.m. to 8 p.m.	Same
Non-residential uses	Limited to specified uses	Limited to specified uses	Same

Variances.

Administration.

A variance is one in which the code relief requested is beyond the threshold outlined above for minor variances and shall be processed in accordance with § 13.05.070C.

Specified variances.

Variance to development regulations (bulk, area).

(1)

(2)

(a)

(b)

The requested variance does not go beyond the minimum necessary to afford relief from the specific hardship affecting the site.

(c)

(d)

(e)

The grant of the variance will not cause a substantial detrimental effect to the public interest.

(f)

Standardized corporate design and/or increased development costs are not cause for variance.

Accessory buildings – Height.

(1)

(a)

Additional height is necessary to accommodate building door clearance to allow for the storage of a recreational vehicle or trailered boat.

(b)

The subject property is affected by steep topography, which precludes development of detached garages for personal vehicles.

(c)

(d)

The additional height is necessary to provide architectural compatibility between the accessory building and the main building, for features such as roof pitch and style.

(2)

(a)

Additional height shall be the minimum necessary to afford relief.

(b)

The variance is in the interest of the general public.

(c)

The variance is in the general interest of the particular neighborhood.

(d)

For purposes of this variance, the interest of the general public and the general interest of the particular neighborhood are indicated, in part, by the Comprehensive Plan.

View-Sensitive Overlay District – Height.

(1)

(2)

(3)

For purposes of this variance, the interest of the general public and the general interest of the particular neighborhood are indicated, in part, by the Comprehensive Plan.

(4)

Criteria. In reviewing requests for this variance, the Director shall consider, but shall not be limited to, the following:

(a)

The extent of the view;

(b)

The impact of the proposed construction on the view from adjacent properties;

(c)

The effect of any possible restrictions on the proposed construction, the character of the area;

(d)

The topography of the site and surrounding properties;

(e)

The variance is in the interest of the general public; and

(f)

The variance is in the general interest of the particular neighborhood.

(5)

Mitigation. The following factors shall be considered as mitigating circumstances which may make approval of this variance more appropriate:

(a)

Orientation of the ridgeline to minimize view impairment;

(b)

Style of roof;

(c)

Increased setback from the street and/or the side lot line; and

(d)

The placement of the structure(s) on the site.

Design.

(1)

(2)

(a)

Unusual shape of a parcel established prior to 2002 creates practical difficulties in achieving compliance with the design standard sought to be varied.

(b)

Preservation of a critical area, unique natural feature, or historic building and/or feature creates practical difficulties in achieving compliance with the design standard sought to be varied.

(c)

Widely varied topography of the building site creates practical difficulties in achieving compliance with the design standard sought to be varied.

(d)

Documentation of a pending public action, such as a street widening, creates practical difficulties in achieving compliance with the design standard sought to be varied.

(e)

Variance to sign regulations.

(1)

Applicability. Variances to sign regulations found in Section 13.06.090I shall be categorized as one of the following:

(a)

(b)

(2)

Criteria. The Director may approve a sign variance for one or more of the following reasons:

(a)

(b)

The proposed signage will preserve a desirable existing design or siting pattern for signs in an area, including, but not limited to, size, materials, color, lettering, and location.

(c)

The proposed signage will minimize view obstruction or preserve views of historically or architecturally significant structures.

(d)

In a shopping center or mixed-use center, the proposed sign plan provides an integrated sign program consistent with the overall plan for the center.

(e)

Variance to parking lot development standards.

(1)

(2)

Criteria. The Director may authorize a variance for one or more of the following reasons:

(a)

Reasonable alternatives are to be provided to said standards which are in the spirit and intent of this chapter; or

(b)

Strict enforcement of the standards would cause undue or unnecessary hardship due to the unique character or use of the property.

Variance to off-street parking quantity standards.

(1)

Applicability. These shall include variances to the required off-street parking quantity standards contained in Section 13.06.090C.

(2)

(a)

The grant of the variance would allow a reasonable use of the property;

(b)

(c)

The grant of the variance will not cause a substantial detrimental effect to the public interest.

(d)

(e)

(f)

Reasonable alternatives are to be provided to said standards which are in the spirit and intent of this chapter; or

(g)

The likelihood of a decreased need for off-street parking for the use at that location due to site-specific circumstances, such as:

•	A parking study demonstrating that the individual characteristics of the use at that location require less parking than is generally required for a use of this type and intensity;
•	An approved carpooling/vanpooling or commute trip reduction program consistent with TMC Chapter 13.15;
•	Availability of private, convenient transportation services to meet the needs of the use;
•	Accessibility to and frequency of public transportation; or
•	For residential uses, availability of pedestrian access due to proximity to health and medical facilities, shopping facilities and other services providing for everyday needs and amenities.

Wireless facilities.

(1)

Downtown variances.

(1)

(2)

(a)

Unusual shape of a parcel established prior to the reclassification of property to the downtown districts.

(b)

Preservation of a critical area, unique natural feature, or historic building/feature restricts possible compliance.

(c)

Widely varied topography of the building site restricts possible compliance.

(d)

Documentation of a pending public action such as street widening restricts possible compliance.

(e)

(3)

Site approval.

Site characteristics. The development site must meet all of the following circumstances:

(1)

(2)

The development site, defined as land sharing common access, circulation, and improvements as specified in TMC § 13.01.060D, is at least one acre in size.

(3)

Development thresholds. The proposed development must exceed one or more of the following thresholds:

(1)

Construction of 200 or more dwelling units.

(2)

Construction of 60,000 or more square feet.

Development activities that exceed these thresholds may generate significant transportation impacts and could also potentially create barriers to circulation and pedestrian connectivity.

Project proponents may elect to apply for a Site Approval in association with development projects that do not meet both of the above site characteristics circumstances and development thresholds.

Process.

The application shall include the proposed final site plan and project phasing and meet the submittal requirements of TMC § 13.05.020.

Upon issuance, the Director’s decision may be appealed subject to procedures contained in TMC Chapter 13.05.

Criteria.

A Site Approval for transportation connectivity shall address the following criteria:

(1)

(2)

(3)

(4)

(5)

(6)

The Site Approval shall demonstrate consistency with other applicable provisions of the TMC, as appropriate.

§ 13.05.020 Application requirements for land use permits.

Purpose. The purpose of this section is to outline land use permit and application requirements.

Application requirements.

The correct number of completed Department application forms signed by the applicant;

The correct number of documents, plans, or maps identified on the Department Submittal Requirements form which are appropriate for the proposed project;

A demonstration by the applicant of consistency with the applicable policies, regulations, and criteria for approval of the permit requested;

A completed State Environmental Policy Act checklist, if required; containing all information required to adequately determine the potential environmental impacts of the proposal;

Payment of all applicable fees as identified in Section 2.09.170 Required Filing Fees for Land Use Applications; and

Notice of complete or incomplete application.

Within 28 days after receiving a development permit application, the Department shall provide in writing to the applicant either:

A notice of complete application; or

A notice of incomplete application and what information is necessary to make the application complete.

The 28-day time period shall be determined by calendar days from the date the application was filed to the postmarked date on the written notice from the Department.

An application shall be found complete if the Department does not, within 28 days, provide to the applicant a notice of incomplete application.

Inactive applications.

If, upon request for payment, an applicant fails to pay within 30 calendar days, the application may be considered inactive and the file may be closed.

Modification to application. Proposed modifications to an application which the Department has previously found to be complete will be treated as follows:

Modifications proposed by the Department to an application shall not be considered a new application.

Limitations on refiling of application.

An application for a permit shall be deemed similar if the proposed use of the property is the same, or substantially the same, as that which was considered and disallowed in the earlier decision;

In every instance, the burden of proving that an application is not similar shall be upon the applicant.

Filing fees. The schedule of fees for land use permits is established in Chapter 2.09 of the Tacoma Municipal Code.

Time periods for decision on application.

Upon issuance of Complete Application, a final decision, as defined in subsection 5, on applications considered by the Director shall be made within the time specified below.

Final decision on permits that do not require a public notice shall be made within 65 calendar days.

Final decision on permits that do require a public notice shall be made within 100 calendar days.

Final decision that requires a public hearing shall be made within 170 calendar days.

Applications within the jurisdiction of the Hearing Examiner shall be processed within the time limits set forth in Chapter 1.23.

The following time periods shall be exempt from the time period requirement:

(1)

(2)

(3)

(4)

Any period between the Notice of Public Meeting and the public meeting, when request for public meeting is filed during the public comment period.

(5)

Any period for administrative appeals of land use permits.

(6)

Any period after Hearing Examiner Recommendation and before Final Reading at Council, when said Recommendation must be approved by the City Council.

(7)

Any extension for any reasonable period of time mutually agreed upon in writing between the applicant and the Department.

The time period established in Section 13.05.020J.1 for applications to the Director shall not apply in the following situations:

Urban Design Project Review permit applications shall be processed within the time limits set forth in Chapter 13.19.

Required submittals.

Administrative review-building permit. Application for administrative review and building permit shall include the following:

A signed statement indicating that:

(1)

(2)

The applicant and/or landlord agree to remove the facility within one year after abandonment.

Legal description of the parcel and Pierce County Assessor’s Parcel Number.

A letter signed by the applicant stating the tower will comply with all FAA regulations and applicable standards, and all other applicable federal, state, and local laws and regulations.

§ 13.05.030 Zoning and land use regulatory code amendments.

General provisions.

Area-wide zoning reclassifications.

Zoning classifications shall be adopted and amended by ordinance of the City Council, following the procedures identified in this section.

Area-wide zoning reclassifications must be consistent with the procedural requirements of RCW 36.70A and in compliance with applicable case law.

Amendments proposed to comply with the update requirements of RCW 36.70.A.130 will occur according to the time frames established therein.

Application for an area-wide zoning reclassification.

Application fees shall be as established by City Council action.

The application shall include, but not be limited to, the following:

(1)

Project summary:

•	A description of the proposed amendment;
•	The current and proposed Comprehensive Plan land use designation and zoning classification for the affected area;
•	A description, along with maps if applicable, of the area of applicability and the surrounding areas, including identification of affected parcels, ownership, current land uses, site characteristics, and natural features;
•	The proposed amendatory language, if applicable.

(2)

Background.

•	Appropriate history and context for the proposed amendment, such as prior permits or rezones, concomitant zoning agreements, enforcement actions, or changes in use.

(3)

Policy review.

•	Identify and cite any applicable policies of the Comprehensive Plan that provide support for the proposed amendment;

(4)

Objectives.

(a)

Describe how the proposed amendment achieves the following objectives, where applicable:

•	Address inconsistencies or errors in the Comprehensive Plan or development regulations.
•	Respond to changing circumstances, such as growth and development patterns, needs and desires of the community, and the City’s capacity to provide adequate services.
•	Maintain or enhance compatibility with existing or planned land uses and the surrounding development pattern.
•	Enhance the quality of the neighborhood.
•	For requests to establish or modify a Historic Special Review or Conservation District, an explanation of how the request satisfies the eligibility requirements specified in Section 13.07.040C.

(5)

Community outreach.

•	A description of any community outreach and response to the proposed amendment;

(6)

Supplemental information.

(a)

Supplemental information as requested by the Department, which may include, but is not limited to:

•	Completion of an environmental checklist,
•	Wetland delineation study,
•	Visual analysis, or
•	Other studies.

Pre-application meeting.

(1)

Assessment of proposed amendments.

The Department shall docket all amendment requests upon submittal of a complete application, to ensure that all requests receive due consideration and are available for review by the public.

The Department will provide the Planning Commission with an Assessment Report for the proposed amendment applications that includes, at a minimum:

•	Whether the amendment request is legislative and properly subject to Planning Commission review, or quasi-judicial and not properly subject to Commission review;
•	Whether there have been recent studies of the same area or issue, which may be cause for the Commission to decline further review, or if there are active or planned projects that the amendment request can be incorporated into; and
•	A preliminary staff review of the application submittal;
•	Identification of other amendment options the Planning Commission could consider in addition to the amendment as proposed by the applicant; and
•	Whether the amount of analysis necessary is reasonably manageable given the workloads and resources of the Department and the Commission, or if a large-scale study is required, the amendment request may be scaled down, studied in phases, delayed until a future amendment cycle, or declined.

The Planning Commission will review this assessment and make its decision as to:

•	Whether or not the application is complete, and if not, what information is needed to make it complete;
•	Whether or not the scope of the application should be modified, and if so, what alternatives should be considered; and
•	Whether or not the application will be considered, and if so, in which amendment cycle.

The Planning Commission shall make determinations concerning proposed Comprehensive Plan amendments within 120 days of the close of the application period.

Analysis of proposed amendments.

Upon completing the assessment and receiving an affirmative determination from the Planning Commission to accept the application, the proposed amendment will be analyzed by the Department.

The Department shall provide the Commission with a staff analysis report, which will include, as appropriate:

(1)

A staff analysis of the application in accordance with the elements described in § 13.05.030B.6;

(2)

An analysis of the consistency of the proposed amendment with State, regional and local planning mandates and guidelines;

(3)

An analysis of the amendment options identified in the assessment report; and

(4)

10.

Planning commission review.

Advisory committees established in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making recommendations to the Planning Commission.

11.

Planning Commission findings and recommendations.

•	Whether the proposed amendment will benefit the City as a whole, will not adversely affect the City’s public facilities and services, and bears a reasonable relationship to the public health, safety, and welfare; and
•	Whether the proposed amendment conforms to applicable provisions of State statutes, case law, regional policies, and the Comprehensive Plan.