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A. General Requirements.

1. Legally existing structures shall not be required to correct existing nonconforming setbacks to meet current regulations as a condition of Binding Site Plan approval.

2. A Binding Site Plan shall depict building envelopes and all existing and proposed land use(s) as defined in Title 18A, Development Regulations – Zoning for each lot on the face of the Binding Site Plan.

3. A parking lot plan is required for the Binding Site Plan. The plan shall allocate parking to each lot or condominium unit or specify joint use parking. Proposed lots containing legally existing structures and uses need not meet current parking regulations. Proposed lots without legally existing structures or uses must meet current parking regulations.

4. Access to each lot or condominium unit within the Binding Site Plan shall be depicted. Existing access to legally existing structures and uses need not meet emergency vehicle access standards. Access to proposed lots and new development without legally established structures or uses shall meet current standards.

5. Binding site plans shall be reviewed for storm drainage, roads, water supply, existing sanitary sewage disposal, access or easement for vehicles, survey requirements, utilities, and fire protection for any lot, tract, parcel or site and for zoning requirements, previous decisions, accuracy of legal description, ownership, lot dimensions, and improvements on the lots.

6. A Binding Site Plan cannot amend or conflict with previously granted use permit approvals or conditions of approval.

7. A binding site shall depict any open space tract, required recreational areas, critical area buffers, and utility easements.

8. Proposed uses must be as allowed in the underlying zone classification. Should the proposed use require a use permit or Administrative Use Permit, said permit shall be requested and reviewed concurrently or prior to approval of the Binding Site Plan. Binding Site Plan approval does not constitute approval for other required permits.

B. Director's Authority. The Director has the authority to approve or deny any proposed Binding Site Plan and may impose additional or modified conditions and requirements as necessary to assure that the proposal conforms with the intent of the Pierce County Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

C. Required Written Findings and Determinations. The Director's written decision on the Binding Site Plan shall include findings and conclusions, based on the record, to support the decision. A proposed Binding Site Plan shall only be approved if the Director makes written findings that:

1. The limitations and conditions for the uses depicted on the Binding Site Plan are consistent with the Pierce County Comprehensive Plan, applicable community plans, and County codes and state laws;

2. Specific use types and conditions shall be binding on the property and shall remain in effect for all future owners of the site unless altered in accordance with PCC 18F.60.040;

3. The Binding Site Plan does not create a nonconformity or increase any nonconforming feature or intensities of the established uses of the site in accordance with Chapter 18A.70 PCC, Nonconforming Development; and

4. The criteria contained in PCC 18F.60.030 A. have been met.

D. Approval. The Director may approve, or approve with conditions, the proposed Binding Site Plan if the general requirements contained in this Title have been met.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)