18E.20.040 Nonconforming Uses and Structures.
Uses and structures lawfully established prior to the effective date of this Title which become nonconforming due to the application of the requirements of this Title may continue subject to the following:
A. Nonconforming Use Expansion. Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity without a permit issued pursuant to the provisions of this Title;
B. Nonconforming Structure Expansion. Existing structures shall not be expanded or altered in any manner that will increase the nonconformity without a permit issued pursuant to the provisions of this Title, except as provided in PCC 18E.20.030 F. and G.
C. Discontinued Uses. Activities or uses which are discontinued for 12 consecutive months shall be allowed to resume only if they are in compliance with this Title; and
D. Substantial Damage. Nonconforming structures which are damaged or destroyed by fire, explosion, flood, or other casualty, may be restored or replaced if reconstruction is commenced within one year of such damage and is substantially completed within 18 months of the date such damage occurred. The reconstruction or restoration shall not serve to expand, enlarge, or increase the nonconformity. This subsection does not apply to structures located in a flood hazard area, active landslide hazard area, fault rupture hazard area, and/or active shoreline erosion hazard area except for those specifically described below:
1. Floodway – Channel Migration Zone. Structures that are located in a floodway only by the fact they are in the Channel Migration Zone may only be allowed to be restored up to the limits of substantial improvement, as set forth in PCC 18E.20.070, if the structure is damaged or destroyed as a result of flooding or channel migration. Damage as a result of fire, explosion or other casualty may be restored or replaced as described in PCC 18E.20.040.D.4.
2. Other Flood Hazard Areas. Structures that are located in these areas must comply with PCC 18E.70.040, Flood Hazard Area Standards.
3. Active Landslide Hazard Area, Fault Rupture Hazard Area, or Active Shoreline Erosion Hazard Area. Structures in an active landslide hazard area, fault rupture hazard area, or active shoreline erosion hazard area may only be allowed to be restored up to the limits of substantial improvement, as set forth in PCC 18E.20.070, if the structure is damaged or destroyed as a result of landslide, seismic, or shoreline erosion respectively. Damage as a result of fire, explosion or other casualty may be restored or replaced as described in PCC 18E.20.040.D.4.
4. All other Critical Areas. Nonconforming structures which are damaged or destroyed by fire, explosion, or other casualty, may be restored or replaced if reconstruction is commenced within one year of such damage and is substantially completed within 18 months of the date such damage occurred. The reconstruction or restoration shall not serve to expand, enlarge, or increase the nonconformity.
E. Nonconforming Mobile Home Replacement – Channel Migration Zone. Nonconforming mobile homes that are located in a floodway only by the fact they are in the Channel Migration Zone, may be replaced even if the mobile home exceeds the substantial damage or improvement threshold in PCC 18E.20.070. Because the valuation of a mobile home is calculated in a different manner than manufactured housing or conventional construction, it is the intent to allow the replacement of the mobile home with approximately a like for like structure.
F. Nonconforming Mobile Home Replacement – FEMA and Deep-Fast Flowing Floodways. Mobile homes that are nonconforming uses or structures and located in floodway designations other than a Channel Migration Zone area only shall not be replaced except as otherwise allowed by the provisions of this Section.
G. Replacement of Mobile Home with Recreational Vehicle. Mobile homes in existing mobile home parks that are located within a regulatory floodway may be replaced with recreational vehicles when all of the following requirements are met:
1. The replacement shall occur on a one for one basis (i.e., one mobile home removed for each recreational vehicle permitted) and shall not increase the number of units located within the floodway;
2. The recreational vehicle must remain mobile, shall not be permanently affixed to the lot, and shall be attached to the lot by quick disconnect type utilities;
3. The recreational vehicle must remain fully licensed and ready for public road use;
4. Electrical service connection points for the recreational vehicle shall be located above the BFE or shall be watertight; and
5. The owner of the mobile home park shall have a plan for evacuating the recreational vehicles from the floodway and flood fringe in the event of an evacuation order. The plan shall be filed with the Pierce County Department of Emergency Management.