18A.70.040 Expansion of a Nonconforming Use

18A.70.040 Expansion of a Nonconforming Use.

A. Expansion of nonconforming uses, nonconforming use of structures, and nonconforming use of land shall be subject to the following provisions:

1. Alteration, enlargement, or expansion of a nonconforming single- or two-family use located on a legal lot of record is allowed outright when the new construction complies with the standards in PCC 18A.15.040, Setback and Height Standards, and other applicable requirements of Pierce County Code (PCC). This Section shall also apply to each dwelling unit when two or more single-family dwellings exist on a parcel.

2. Alteration, enlargement, or expansion of a nonconforming use or structure which is necessary to accommodate handicapped accessibility requirements, fire code, or other life safety related Code requirements is allowed outright when said modification is mandated by local, state, or federal standards.

3. Expansion of nonconforming uses and structures, except as described in PCC 18A.70.040.A.1 and 2 above, may be allowed pursuant to Table 18A.70.040-1 below and the following provisions:

a. Expansions of a nonconforming use of a structure shall be based on the total floor area of the structure(s) at the time the use became nonconforming;

b. Expansions of a nonconforming use or development into undeveloped portions of the lot or parcel shall be based on the developed area of the lot or parcel at the time the use or development became nonconforming;

c. Expansions of additional sites in mobile home parks or RV parks shall be based on existing pad sites in a mobile home park or RV park at the time the park became nonconforming;

d. Expansions of additional dwelling units in multi-family developments shall be based on the number of dwelling units existing at the time the development became nonconforming; and

e. Expansions of mobile home parks, RV parks, and multi-family developments shall be based on the existing developed area for the mobile home park, RV park, or multi-family development at the time the use became nonconforming.

4. A one-time expansion of employee parking areas may be authorized in conjunction with an existing nonconforming use and may be established beyond the confines of the parcel or lot on which the nonconforming use is located pursuant to the permitting requirements set forth in Table 18A.70.040-2 and the following provisions:

a. The total area of off-site parking expansion shall not exceed 1 acre. All proposed off-site parking expansion areas shall be included when calculating the total area. Perimeter landscaping areas shall be excluded from the area calculation;

b. Off-site parking expansion areas shall be located adjacent to the parcel containing the nonconforming use being served by the parking area expansion. For purposes of determining adjacency, parking areas separated from the nonconforming use solely by right-of-way shall be considered to be adjacent;

c. Off-site parking expansion areas shall be utilized exclusively for employee parking only. Use of such areas for semi-trailer truck parking, storage, materials storage, or any use other than employee parking purposes shall be prohibited. A notice shall be recorded on the title of the property prior to the issuance of permits for the parking lot construction acknowledging these use restrictions. No rights for future expansion of the nonconforming use to the parking area shall be conferred and no such expansion shall be permitted. The right to utilize the property for employee parking shall terminate in the event that the nonconforming use associated with the parking area is discontinued or in the event that the property ceases to be utilized for employee parking for a period of one year or more;

d. Lighting of off-site employee parking areas shall not be required. Where lighting is provided, it shall be for pedestrian and accent lighting only and shall not exceed 4 feet in height. The lighting shall be shielded so as to minimize light intrusion onto adjacent properties and shall be located greater than 50 feet from adjacent parcels utilized for residential purposes;

e. Off-site parking areas shall be landscaped and screened as follows:

(1) A perimeter landscape buffer shall be required along the perimeter of the parking area. This landscape buffer shall meet the requirements of a Landscape Level 2 buffer except where adjacent to a public or private roadway or easement where a Landscape Level 1 buffer shall be required.

(2) The interior of parking lot areas shall be landscaped in accordance with the requirements set forth in PCC 18J.15.090; and

(3) A continuous 6-foot solid board fence shall be erected along the perimeter of the parking area where the parking area is adjacent to any parcel utilized for residential purposes.

5. A request to expand shall take into consideration other expansions that have been approved pursuant to this Section, and shall count towards the maximum percentages set forth in Table 18A.70.040-1; provided that off-site employee parking areas established pursuant to PCC 18A.70.040.A.4 shall be excluded.

6. Table 18A.70.040-1 sets forth the percentages of expansion that are Permitted Outright, through an Administrative Nonconforming Use Permit issued by the Director, or through a Nonconforming Use Permit issued by the Examiner.

7. All expansions must comply with the following conditions. Where a proposed expansion is subject to the granting of an Administrative Nonconforming Use Permit or a Nonconforming Use Permit, the applicant must demonstrate, in the application, that the proposed expansion will comply with the following conditions:

a. The proposed alteration, enlargement, expansion, or replacement of the nonconforming use is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;

b. The proposed alteration, enlargement, expansion, or replacement will not introduce any hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;

c. The expanded use and associated structures will comply with the requirements of PCC 18A.70.030.E;

d. The proposed alteration, enlargement, expansion, or replacement will result in improvements in functionality or safety and in exterior appearance, screening, access or other features which will make the use or structure more compatible with allowed uses;

e. The proposed alteration, enlargement, expansion, or replacement is consistent with and furthers the goals of the Comprehensive Plan, and applicable Community Plan, and will not detract from the intent of the Comprehensive Plan, and applicable Community Plan, and any implementing regulation;

f. There will be no significant increase in the amount of smoke, dust, noise, vibration, odor, fumes, or glare;

g. There will be no significant adverse impact due to the hours or times of operation;

h. If within an adopted community plan area, the applicable site design and landscaping/planting standards set forth in Title 18J PCC shall be met for the entire site to achieve maximum screening and buffering.

8. The applicant has the burden of proving that the proposed alteration, enlargement, expansion, or replacement of the nonconforming use meets the criteria set forth in this Chapter.

9. When the Director issues an Administrative Nonconforming Use Permit, the Director may require modifications or impose conditions to ensure the proposed alteration, enlargement, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.

10. When the Examiner issues a Nonconforming Use Permit, the Examiner may require modifications or impose conditions to ensure the proposed alteration, expansion, or replacement is compatible with the surrounding uses, to mitigate adverse impacts, and to conform to the intent of the Comprehensive Plan, any other applicable plans, and this Title.

11. The applicant may elect or the Examiner or Director may require that the development occur in phases. The Examiner shall establish phasing time limits, and identify the phases in which necessary infrastructure, traffic mitigation, critical areas, or other requirements are completed. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit that is required as a result of a violation of the Pierce County Code may not be phased.

12. An Administrative Nonconforming Use Permit or a Nonconforming Use Permit may be denied if the applicant has not met the burden of showing that the proposed alteration, enlargement, expansion, or replacement can satisfy the criteria set forth in this Chapter.

Table 18A.70.040-1. Nonconforming Standards – Maximum Percent Expansion Allowed (1)
Use Categories	Zone Classifications
Use Categories	Employment Centers (2)	Urban Centers – Urban Districts (2)	Urban Residential (2)	Rural and Resource Area (2)
Residential – Civic – Resource
Single Family Detached Two-Family Housing	Refer to PCC 18A.70.040.A.1 and 2. for expansion standards for single-family and two-family dwellings.
Nonconforming use	5/10/15	5/10/15	5/15/20	10/25/more than
Nonconforming development	5/10/15	5/10/15	5/15/20	25/33/more than
Office/Business – Commercial
Nonconforming use	5/15/40	5/15/40	5/10/15	10/25/more than
Nonconforming development	5/15/35	5/15/35	5/10/15	25/33/more than
Utilities – Industrial
Nonconforming use	5/20/40	5/10/15	5/10/15	10/25/more than
Nonconforming development	5/20/35	5/10/15	5/10/15	25/33/more than
(1) The maximum expansion of a nonconforming use is permitted pursuant to PCC 18A.70.040.A.4 (2) Expansions numbers in Table indicate percentages: Permitted Outright/Administrative Nonconforming Use Permit/Nonconforming Use Permit.

Table 18A.70.040-2. Nonconforming Standards – Off-Site Parking Expansion
Use Categories	Zone Classifications
Use Categories	Employment Centers	Urban Centers – Urban Districts	Urban Residential	Rural and Resource Area
Residential – Civic – Resource	Not allowed	P	P	Not allowed
Office/Business – Commercial	A	P	A	Not allowed
Utilities – Industrial	P	A	N	Not allowed
Parking area shall comply with the standards set forth in PCC 18A.35.040. P – Permitted, A – Administrative Nonconforming Use Permit, N – Nonconforming Use Permit