Chapter 18A.75
USE PERMITS

Sections:

18A.75.010    Modification, Amendment, Extension and Relinquishment of Permits.

18A.75.020    Administrative Use Permit.

18A.75.030    Conditional Use Permit.

18A.75.040    Variances.

18A.75.050    Planned Development Districts.

18A.75.070    Nonconforming Use Permit.

18A.75.080    Planned Unit Development.

18A.75.010 Modification, Amendment, Extension and Relinquishment of Permits.

Procedures for application modification, review and amendment as well as permit extensions and relinquishment are outlined in PCC 18.150.060. For additional information about application requirements, see Chapter 18.40 PCC; for public hearing and appeal procedures, see Chapter 1.22 PCC; for the review process, see Chapter 18.60 PCC; for public notice, see Chapter 18.80 PCC; for fees, see Chapter 2.05 PCC; and for compliance, see Chapter 18.140 PCC. (Ord. 2017-89s § 2 (part), 2018; Ord. 2009-98s § 4 (part), 2010)

18A.75.020 Administrative Use Permit.

A.    Purpose. The purpose of this Section is to establish decision criteria and procedures for uses which due to their unique qualities may require additional regulations or other special degrees of control. An administrative review process, which includes public notice and comment, is required to ensure that the activity, if established, will be in full compliance with applicable regulations and that such uses are compatible with the Comprehensive Plan, applicable community plan, adjacent uses, planned uses, and the character of the vicinity.

B.    Decision Criteria. The Director shall review applications for Administrative Use Permits in accordance with specific findings as set forth below.

1.    Requirements and Decision Criteria Unique to Certain Uses. PCC 18A.33.180, Airport Overlay Standards, if applicable, and the Development Standards of this Title shall be used by the applicant in preparing the Administrative Use Permit application, and by the Director in determining the acceptability of permitting a use in a certain location.

2.    Design Standards and Guidelines. The applicant shall address and comply with all applicable design standards, in addition to required standards, to ensure compliance with applicable Comprehensive Plan or Community Plan policy direction.

3.    Required Findings. An Administrative Use Permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:

a.    That the granting of the proposed Administrative Use Permit approval will not:

(1)    be detrimental to the public health, safety, and general welfare;

(2)    adversely affect the established character and planned character of the surrounding vicinity; nor

(3)    be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

b.    That the granting of the proposed Administrative Use Permit approval is consistent and compatible with the intent of goals, objectives and policies of the County's Comprehensive Plan, appropriate Community Plan, and any implementing regulation.

c.    That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

d.    That all requirements for a specific use have been addressed by the applicant.

e.    That the Administrative Use will be supported by, and not adversely affect, adequate public facilities and services.

f.    That the proposed use complies with all applicable design standards and guidelines.

4.    Burden of Proof. The applicant has the burden of proving that the proposed use meets all of the criteria set forth in PCC 18A.75.020 B.2., Required Findings.

5.    Approval. The Director may approve an application for an Administrative Use Permit, approve with additional requirements obtained from other Sections of the Pierce County Code above those specified in this Title, or require modification of the proposal to comply with specified requirements or local conditions. Separate Administrative Use Permit applications and approvals are required for each single-family home being proposed on a lot of record in any zone classification that requires an approved AUP application for a single-family use type.

6.    Denial. The Director may deny an application for an Administrative Use Permit if the use fails to comply with specific standards set forth in this Title, if any of the above required findings are not supported by evidence in the record as determined by the Director, or the proposal does not meet or cannot be conditioned to meet PCC 18A.75.020 B.3., Required Findings.

(Ord. 2009-98s § 4 (part), 2010; Ord. 2007-6 § 2 (part), 2007; Ord. 2004-52s § 3 (part), 2004; Ord. 2002-22s § 1 (part), 2002; Ord. 97-84 § 2 (part), 1997; Ord. 95-79S § 2 (part), 1995)

18A.75.030 Conditional Use Permit.

A.    Purpose. The purpose of this Section is to establish decision criteria and procedures for special uses called Conditional Uses which possess unique characteristics. Conditional Uses are deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. These uses require a special degree of control to assure compatibility with the Comprehensive Plan, adjacent uses, and the character of the vicinity. Conditional Uses will be subject to review by the Examiner and the issuance of a Conditional Use Permit. This process allows the Examiner to:

1.    determine that the location of these uses will not be incompatible with uses permitted in the surrounding areas; and

2.    make further stipulations and conditions that may reasonably assure that the basic intent of this Title will be served.

B.    Decision Criteria. The Examiner shall review Conditional Use Permits in accordance with the provisions of this Section and may approve, approve with conditions, modify, modify with conditions, or deny the Conditional Use Permit. The Examiner may reduce or modify bulk requirements, off-street parking requirements, and use design standards to lessen impacts as a condition of the granting of the Conditional Use Permit.

1.    Required Findings. The Examiner may use Design Standards and other elements in this Code to modify the proposal. A Conditional Use Permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:

a.    That the granting of the proposed Conditional Use Permit will not:

(1)    be detrimental to the public health, safety, and general welfare;

(2)    adversely affect the established character and planned character of the surrounding vicinity; nor

(3)    be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

b.    That the granting of the proposed Conditional Use Permit is consistent and compatible with the intent of the goals, objectives and policies of the County's Comprehensive Plan, appropriate Community Plan (provided that, in the event of conflict with the Comprehensive Plan, the Comprehensive Plan prevails), and any implementing regulation.

c.    That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

d.    That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community from such hazard.

e.    That the conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

f.    That the Level of Service standards for public facilities and services are met in accordance with concurrency management requirements.

2.    Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in PCC 18A.75.030 B.1., Required Findings.

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

4.    Approval. The Examiner may approve an application for a Conditional Use Permit, approve with additional requirements above those specified in this Title or require modification of the proposal to comply with specified requirements or local conditions.

5.    Denial. The Examiner shall deny a Conditional Use Permit if the proposal does not meet or cannot be conditioned or modified to meet PCC 18A.75.030 B.1., Required Findings.

(Ord. 2014-109s § 1 (part), 2015; Ord. 2009-98s § 4 (part), 2010; Ord. 97-84 § 2 (part), 1997; Ord. 95-79S § 2 (part), 1995)

18A.75.040 Variances.

A.    Purpose. The purpose of this Section is to provide a means of deviating from the requirements of Title 18A PCC in specific instances where strict application of these requirements would prevent property from being utilized in a similar manner as other properties in the same zone classification because of special features or constraints unique to the property involved.

B.    Applicability.

1.    A variance may be used to deviate from a dimensional requirement of Title 18A PCC.

2.    No variance shall be granted to permit the establishment of a use or density otherwise prohibited in the zone in which the property concerned is located, or to waive applicable design standards described in Title 18J PCC.

3.    Where a variance has been granted, further reduction or deviations, such as those allowed in PCC 18A.15.040 C., Situational Setback and Height Provisions, shall not be approved or allowed.

C.    Review Criteria. Before any variance may be granted, it shall be shown that:

1.    There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;

2.    Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;

3.    The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the subject property is located;

4.    The granting of such variance is consistent with the Comprehensive Plan including any applicable Community Plan; and

5.    No significant adverse environmental impact will be caused as a result of the variance approval.

D.    Review Process.

1.    An application for a variance will be considered an administrative variance if such request is to deviate not more than 20 percent from the minimum or maximum dimension allowed by Title 18A PCC including, but not limited to, the dimensions set forth in Tables 18A.15-040-1 and -2, and PCC 18A.15.040 C., Situational Setback and Height Provisions.

2.    An application for administrative variance shall be reviewed and granted or denied by the Director or designee.

3.    An application for variance to deviate more than 20 percent from the minimum or maximum dimension allowed by Title 18A PCC including, but not limited to, the dimensions set forth in Tables 18A.15.040-1 and -2, and PCC 18A.15.040 C., Situational Setback and Height Provisions, shall be reviewed and granted or denied by the Hearing Examiner.

E.    Approval Subject to Conditions. Approval may include specific conditions which will serve to accomplish the standards and criteria established by this Title and policies established by the Comprehensive Plan and any applicable Community Plan.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013; Ord. 2012-2s § 5 (part), 2012; Ord. 2009-98s § 4 (part), 2010; Ord. 2007-6 § 2 (part), 2007; Ord. 2004-52s § 3 (part), 2004; Ord. 97-84 § 2 (part), 1997; Ord. 97-72 § 1 (part), 1997; Ord. 95-79S § 2 (part), 1995)

18A.75.050 Planned Development Districts.

A.    Purpose. A PDD is intended to be a flexible zoning concept; it will provide the Examiner a chance to mold a district so that it creates more desirable environments, and results in as good or better use of land than that produced through the limiting standards provided in the regular zone classifications. The uses within the PDD depend on the uses in the underlying zone. The residential housing types and densities within the PDD shall be controlled by the underlying zone and may vary depending upon how the land is developed with general aesthetics, natural areas, and open space being an incentive; however, in no instance can use type or density vary from that which is allowed by the underlying zone.

B.    Classifications of Planned Development Districts. Planned Developments shall be classified as one of three types: Urban Residential-Single Family Detached, Residential or Non-Residential. An Urban Residential-Single Family Detached PDD shall mean a development consisting of single-family residential detached structures within an urban area and at a density commensurate to the underlying zone classification. Residential PDD shall mean that the principal purpose of the PDD is to provide one or more types of housing at densities of dwellings the same as densities permitted by the underlying zone and where all other uses shall be considered accessory, supportive, or adjunct to housing. A Non-Residential PDD shall mean a development where the preponderance of uses are intended for purposes other than housing and shall include, but are not necessarily limited to: retail, service, industrial, and manufacturing, and where residential uses as are allowed by the underlying zone shall be minor and secondary in purpose to intended use of the district.

C.    Initiation of a PDD. An application for a Planned Development District may be initiated by the property owner(s), contract purchaser(s) of property involved in a proposed PDD, or a public agency.

D.    PDD – Phasing. The applicant may elect, or the Examiner may require that the development of a PDD be accomplished or constructed in phases provided that when a residential PDD is developed in phases, the first and each succeeding and accumulation of phases thereafter shall not be developed at a greater density of dwelling units than would be allowed under conventional platting techniques under the same zone as that underlying the PDD for the same size tract of land.

E.    Redevelopment – Street Vacations. When deemed necessary, prior to development of a PDD, the Examiner may require the removal of all or portions of existing structures. It is the further purpose of this Chapter to encourage development of a PDD upon contiguous land and property. When deemed appropriate and necessary, the Examiner may require the vacation of all or portions of existing streets within the PDD. The Examiner may, as an alternative to vacation of streets, permit the inclusion of existing rights-of-way within a PDD, when it can be shown that the existing rights-of-way serve a functional purpose for the PDD and do not act to separate or divide a PDD into noncontiguous units. Rights-of-way within the context of this Section shall not include freeways, limited access roads, or major arterial highways.

F.    Uses Permitted in a PDD.

1.    Urban Residential-Single Family Detached: Single family detached structures limited only by density commensurate with the underlying urban zone and incentives when authorized upon land either subdivided into two or more ownerships or held in common, unified, or single ownership. Examples include the following:

a.    Condominiums.

b.    Customary accessory uses and structures common to a single family detached dwelling.

2.    Residential: Housing concepts of all types limited only by the uses and density commensurate with the underlying zone and incentives when authorized upon land either subdivided into two or more ownerships or held in common, unified, or single ownership. Examples include the following:

a.    Condominiums and townhouses.

b.    Customary accessory uses and structures common to individual or group dwellings.

c.    Group residences.

d.    Incidental retail and service uses primarily for the convenience of and supported by the residences within the PDD containing not less than 100 acres or 400 dwelling units provided incidental retail or service uses may be authorized on a final development plan only upon completion and occupancy of at least 50 percent of the total dwelling units intended within the total group.

e.    Manufactured home subdivisions.

f.    Non-residential uses such as schools, churches, or libraries as authorized in the PDD.

3.    Non-Residential: Uses permitted by the underlying zone as authorized in the development plan.

4.    Conditional Uses, if permitted in the underlying zone and as specifically authorized by the final development plan.

G.    Use Permit Exceptions. When a Use Permit is authorized as part of a development plan and when said uses are permitted by the underlying zone as requiring a permit from the Examiner, said procedure for obtaining the permit shall be waived.

H.    PDD – Procedure for Approval. The approval of a PDD shall be considered an amendment to the Official Zoning Atlas and, except as provided in this Section, shall be processed as is any other amendment with respect to notice, hearings, and appeals pursuant to this Title. A two-step procedure shall be followed in the approval of a PDD as follows:

1.    The conditional approval of a preliminary development plan by the Examiner after public notice and hearing.

2.    The conditional approval by the Examiner shall not become final and effective until the date the final development plan is approved by the Director and at such date the final development plan shall be deemed to be adopted. The final development plan may be approved and adopted by stages. The final development plan shall be approved by the Director after he or she is convinced that it conforms with the specific guidelines set forth by the Examiner.

I.    Single Family Detached Housing – Design Requirements for PDD. The action by the Examiner to approve a development plan for this PDD type must include mandatory design requirements as shown in Table 18A.75.050-1 below. The mandatory requirements shall depend on the type of bulk standard being reduced or road standards being requested. The requirements of the following Table shall be met for those lots or homes utilizing the reduction. In the case of a neighborhood street or access lane, only those homes accessed from that street type shall be required to meet the additional requirements described in the Table below. Proposals that involve deviations or reductions that are not addressed in the Table below shall meet the findings contained in PCC 18A.75.050 J.

Design Requirements for PDD (Table 18A.75.050-1)

Interior Setback that results in a separation between structures that is less than 2x the required interior setback

Lot Width Reduction

Lot Size Reduction

Front or Rear Yard Reduction

Neighborhood Street/Access Lane

Single-Family Detached Condominium

Development Circulation

Public Roads (including small lot Chapter 18J.17 PCC)

Required

Required

Required

Required

Required

Required

No block shall be longer than 350 feet

Required

Create a network of sidewalks and paths throughout the plat that disconnects from the road to reduce the reliance on the automobile and provide for interaction and activity. (PCC 18J.17.030 C.)

Required

Guest parking at a rate of 1 per home is required either through on-street parking and/or a parking court(s) (PCC 18J.17.040 E.1.a.(2)(c))

Required

Required

Fire Protection

Incorporate sprinklers (PCC 18J.17.050 L.) (Zero lot-line units need not incorporate sprinklers)

Required

Required

Required

The exterior siding shall consist of fire resistant materials (PCC 18J.17.050 E.1.a(3)) or other material approved by the Pierce County Fire Marshal)

Required

Required

Provide a second story rescue access that fronts on a public space as approved by FPB

Required

Required

Improvements within the side yards shall be limited (PCC 18J.17.060 B.1.a.(2)(c), (d), (e) and 18J.17.060 B.1.a.(3)(d))

Required

Required

Aesthetics and Architecture

Home elevations/models required prior to recording of final plat necessary to demonstrate the requirements of this Table are met

Required

Required

Required

Required

Required

Minimize the visual impacts of the garage. One of the following methods shall by incorporated into the design:

Required

Required

Required

Required

Required

1. Use of alleyways (PCC 18J.17.030 B.1.a.(3))

2. Recessed garage doors when front loading (PCC 18J.17.040 D.1.a.(1))

3. Use of shared detached garages (PCC 18J.17.040 D.1.a.(2))

Incorporate all of the following design methods when utilizing a reduction:

Required

Required

Required

Required

Required

Required

1. Utilize a variety of front yard setbacks

2. Provide a variety of floor plans, home sizes (PCC 18J.17.050 A.1.a.)

3. Use a variety of colors on homes

4. Provide a variety of roof forms and profiles that add character and relief to the streetscape (PCC 18J.17.050 G.1.a.(1)-(4))

5. Neighboring homes shall have distinctive building elevations including porches or covered stoops (PCC 18J.17.050 A.1.a. and 18J.17.050 H.)

6. Homes on corner lots shall not have blank walls. Glazing shall be incorporated into the façade facing street per PCC 18J.17.050 J.

J.    PDD Approval – Findings Required. The action by the Examiner to approve a preliminary development plan for a proposed PDD with or without modifications shall be based upon the following findings:

1.    That the proposed development is in substantial conformance with the Comprehensive Plan and adopted Community Plans.

2.    That exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program such as: setting aside additional open space; creating more functional park/open space areas; providing greater protection of critical areas; providing variations in housing style and type; preserving native trees; and, providing transportation features such as narrower streets and alleyways. In order to achieve the base density within a zone classification, the Examiner may determine that additional design amenities are not necessary when a site has a significant percentage of land area encumbered by constraint areas such as wetlands or steep slopes.

3.    That exceptions or deviations from road standards are warranted by the design and amenities incorporated in the development plan and also subject to review and approval of the County Engineer.

4.    That the proposal is in harmony with the surrounding area or its potential future use.

5.    That the system of ownership and means of developing, preserving, and maintaining open space is suitable.

6.    That the approval will result in a beneficial effect upon the area which could not be achieved under the current zoning and development regulations that apply to the property.

7.    That the proposed development or units thereof will be pursued and completed in a conscientious and diligent manner.

8.    That adequate provisions have been made for sidewalks, curb, gutters and street lighting for developments in urban areas.

K.    Examiner's Actions – Appeals. The action of the Examiner in conditionally approving or denying a preliminary development plan shall be final and conclusive unless a written appeal is filed pursuant to Chapter 1.22 PCC.

L.    Motion – Effect. The conditional approval by the Examiner approving a preliminary development plan shall mean approval by the Examiner in principle with the PDD concept. The effective date of the amending action shall be the date the Director approves the final development plan. When they are a part of the approval of a PDD, applications for change of zone or subdivision approval shall become effective on the date the final development plan is approved.

M.    Building Permits – Issuance. Building Permits shall be issued for only those portions of a PDD for which a final development plan has been approved by the Director.

N.    Subdivisions. When it is the intention of an applicant to subdivide or resubdivide all or portions of property within a proposed PDD, application for approval of a preliminary subdivision or short plat may be filed and considered concurrently with an application for approval of a preliminary development plan. Subject to density of dwelling units, the minimum area, width, yard requirements and road standards for lots proposed within a PDD may be less than the minimum specified in the underlying zoning and road standards if the design of the subdivision is in accordance with the intent and purpose of this Section.

O.    Final Development Plan – Time Limitation. Within three years from the date of conditional approval of a preliminary development plan by the Examiner, the applicant shall submit a final development plan for the PDD or a stage thereof for approval. When deemed reasonable and appropriate, the Examiner may grant an extension of one year for such submittal. If the PDD has been submitted as a companion to a preliminary plat application, the timelines specified in the preliminary plat approval shall control. If at the date of expiration of the time period provided herein a final development plan has not been filed for approval, or at any time after a final plan has been approved it appears that the project is not progressing in a reasonable and consistent manner or the project has been abandoned, action may be initiated pursuant to PCC 18A.85.060 to revoke the PDD. When revocation has been enacted upon a PDD, the land and the structures thereon may be used only for a lawful purpose permissible within the zone in which the PDD is located.

P.    Permissive Variation from Standard Requirements. In considering a proposed development plan, the approval may involve modifications in the regulations, requirements, and standards of the underlying zone in which the project is located to appropriately accomplish the purpose of this Section. In making such modifications as are deemed appropriate, the following guidelines shall apply:

1.    Off-street parking and loading. The total required off-street parking facilities shall not be less than the sum of the required parking facilities for the various uses computed separately. Opportunities for shared parking should be reviewed to reduce off-street parking requirements where low impact development best management practices (LID BMPs) are utilized.

2.    Height of buildings. The height of buildings and structures within a PDD should be limited to the height permitted by the underlying zone, or as required by the County as a special limitation. The height of buildings and structures may be increased in relationship to provisions for greater open space and separation between buildings on the same or adjoining property and when adequate provision is made for light, air, and safety.

3.    Lot area coverage. The maximum lot coverage within a PDD or any portion thereof shall be determined by the Examiner at the time of consideration of a preliminary development plan. Maximum lot coverage shall consider areas needed for LID BMPs.

4.    Roads. A PDD proposal shall not be allowed to decrease the width of a road through a deviation process. Standard road cross-sections as approved by the County Engineer shall be utilized.

Q.    Prior Existing Planned Unit Developments. Planned Unit Developments previously authorized by Unclassified Use Permit, prior to the effective date of this Section, shall be repealed and reclassified to Planned Development Districts pursuant to this Section as is now in effect. Except for the reclassification of a prior Unclassified Use Permit to a Planned Development District, all prior Planned Unit Developments may continue to develop on the basis of controls contained in the resolution establishing the development provided that subsequent changes, additions, or modifications to an existing Planned Unit Development shall be processed under this current Section.

R.    Parties Bound by PDD District. Once the preliminary development plan is approved by the Examiner, all persons and parties, their successors and heirs, who own or have any interest in the real property within the proposed PDD, are bound by the Examiner's action.

(Ord. 2018-68s § 3 (part), 2018; Ord. 2017-89s § 2 (part), 2018; Ord. 2009-98s § 4 (part), 2010; Ord. 2006-104s § 1, 2006; Ord. 2005-84s § 2 (part), 2005; Ord. 2004-52s § 3 (part), 2004; Ord. 98-85S § 1 (part), 1998; Ord. 97-84 § 2 (part), 1997; Ord. 96-97 § 4 (part), 1996; Ord. 95-149S2 § 1 (part), 1996; Ord. 95-79S § 2 (part), 1995)

18A.75.070 Nonconforming Use Permit.

A.    Purpose. The purpose of this Section is to establish decision criteria and procedures to allow reasonable limited expansion and continuance of nonconformities. Nonconformities require a special degree of control to ensure compliance with applicable regulations and compatibility with the Comprehensive Plan, applicable Community Plans, adjacent uses, and the character of the surrounding areas. Limited alterations, enlargements, expansions, or replacements may be allowed if a Nonconforming Use Permit is approved by the Examiner or after approval of an Administrative Nonconforming Use Permit by the Director. Where the Council determines by ordinance that a type of nonconforming use is a nuisance or is detrimental to the public health, safety, or welfare, that type of use may be terminated according to a reasonable amortization timetable or reasonable conditions may be added to the permit.

B.    Nonconforming Use Permit. Exceptions to the Nonconforming Standards, Chapter 18A.70 PCC, are allowed after approval from the Examiner through a Nonconforming Use Permit. The Examiner may impose such conditions as deemed necessary to ensure proposed alterations, enlargements, expansions, or replacements conform to the intent of the Comprehensive Plan, any applicable community plans, and this Title.

1.    Required Written Findings for Nonconforming Use Permit. An expansion of a nonconforming use may be allowed by the Examiner subject to the provisions of this Section and the provisions of Chapter 18A.70 PCC. No permit shall be granted unless the Examiner is satisfied from the evidence that:

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 nonconforming 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; and

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 landscape/planting standards set forth in Title 18J PCC shall be met for the entire site to achieve maximum screening and buffering.

2.    Discontinuance. An exception to the Discontinuance Standards of PCC 18A.70.100 may be granted by the Examiner. Documentary evidence shall be provided by the applicant to the Examiner to show that the discontinuance was beyond the control of the applicant. If the Examiner is satisfied by evidence that the discontinuance was beyond the control of the applicant, nonconforming rights shall be continued for the property or structure. The Examiner may consider circumstances such as, but not limited to, the following:

a.    The property or structure has been involved in litigation.

b.    Attempts to lease the site are on-going due to:

(1)    Length of time involved for marketing of premises;

(2)    The structure is a specialized type of building requiring a specialized type of use due to equipment, processes, or configuration; or

(3)    There is a uniqueness to the property giving the use special operating characteristics such as its location in relationship to transportation facilities, open spaces needed for operations, or its proximity to other critical activities such as mineral extraction.

C.    Administrative Nonconforming Use Permit. An Administrative Nonconforming Use Permit is required for an expansion of a nonconforming use. An Administrative Nonconforming Use Permit may be issued by the Director. The Director may impose such conditions as deemed necessary to ensure proposals conform to the intent of the Comprehensive Plan, applicable Community Plan, and any implementing regulation.

1.    Required Written Findings for an Administrative Nonconforming Use. An expansion of a nonconforming use may be allowed by the Director, subject to the provisions of this Section and PCC 18A.70.040. No permits shall be granted unless the Director is convinced by the evidence presented that:

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 or 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 nonconforming 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; and

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

D.    Burden of Proof. The applicant has the burden of proving that the proposed alteration, enlargement, expansion, or replacement of the nonconforming use meets the criteria of Chapter 18A.70 PCC and PCC 18A.75.070.

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

F.    Approval. A Nonconforming Use Permit or an Administrative Nonconforming Use Permit may be approved, approved with additional requirements above those specified in this Title, or approved with modification of the proposal to ensure that surrounding land uses or the character of the area are not adversely impacted.

G.    Denial. A Nonconforming Use Permit or an Administrative Nonconforming Use Permit may be denied if the use is incapable of complying with specific standards set forth in this Title and if any of the above required findings are not supported by evidence in record.

(Ord. 2014-109s § 1 (part), 2015; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013; Ord. 2009-98s § 4 (part), 2010; Ord. 2005-110 § 2, 2005; Ord. 2003-45s2 § 3, 2003; Ord. 2002-22s § 1 (part), 2002; Ord. 97-84 § 2 (part), 1997; Ord. 95-149S2 § 1 (part), 1996; Ord. 95-79S § 2 (part), 1995)

18A.75.080 Planned Unit Development.

A.    Purpose. A Planned Unit Development (PUD) is intended to be a flexible zoning concept that encourages open space and preservation of natural features, native vegetation, creativity of design, maximum efficiency in street layout, and provide recreational opportunity and aesthetic enjoyment. Depending on the type of PUD, it will provide the Examiner a chance to encourage development of a variety of housing types; allow for non-residential development; create and/or preserve usable open space; provide recreational opportunity and aesthetic enjoyment to residents; preserve, to the maximum extent possible, the natural characteristics of the land; encourage creativity in design; provide predictability for the development of a project; and provide for maximum efficiency in the layout of streets, utility networks, and other public improvements, as appropriate.

B.    Classifications of Planned Unit Development. PUDs shall be classified as one of seven types: Employment Based Planned Community, Master Planned Community, Master Planned Resort, New Fully Contained Community, Essential Public Facility-Rural Airport, Major Institution, or Essential Public Facility-State Corrections Overlay.

C.    Definitions.

1.    Employment Based Planned Community (EBPC). Employment Based Planned Community means a planned unit development within an established Urban Growth Area which contains a mix of jobs, services, recreation, housing types, and densities.

2.    Master Planned Community (MPC). Master Planned Community is a planned unit development within an established Urban Growth Area which integrates a mix of housing types and densities, limited commercial services, and recreation.

3.    Master Planned Resort (MPR). Master Planned Resort is a self-contained and fully integrated planned unit development outside an established Urban Growth Area, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor and outdoor recreation facilities.

4.    New Fully Contained Community (NFCC). New Fully Contained Community means a planned unit development initially outside an established urban growth area which contains a mix of jobs, services, recreation, and housing types and densities. Once this type of PUD is approved, an urban growth area is established encompassing the project.

5.    Essential Public Facility-State Corrections Overlay (EPF-SC). The Essential Public Facility-State Corrections Overlay applies to the McNeil Island Corrections Center on McNeil Island. It includes only the main institution located on approximately 89 acres, and the north complex facility located on approximately 87 acres in the north central area of McNeil Island. These facilities are identified in Ordinance No. 2001-63s2, Exhibit "B", page 11. Allowed facilities and uses in an EPF-SC are limited to those typically associated with a State corrections center. Facilities associated with civilly committed sexual offenders may be permitted, if appropriately mitigated, and where the siting of such facilities results in an equitable distribution of facilities consistent with RCW 71.09.250(8). Measures are provided to assure that the uses and activities associated with the Overlay designation are compatible with the lands uses and natural systems on adjacent lands and shorelines.

6.    Essential Public Facility-Rural Airport (EPF-RA). Essential Public Facility-Rural Airport PUD means the required PUD for those areas of airports identified as requiring PUD approval in an applicable community plan when such airport is classified as essential public facilities in the Rural Area of Pierce County. This permit type utilizes a flexible zoning concept that is intended to allow the airport owner to design all airport improvements in an integrated manner under one plan, without following the density and dimension and other limiting standards in the Zoning Code. This PUD type will authorize a streamlined permitting process for the airport owner while mitigating for the unavoidable impacts that general aviation airports have on adjacent residential neighborhoods. A recorded Final Development Site Plan is necessary for implementation of this PUD type.

7.    Major Institution Master Plan (MIMP). Major Institution PUD is a large institution providing higher education or medical services to the community that, by nature of its function and size, has the potential to change the character of the surrounding area and/or has the potential to create impacts on the area. A Major Institution Master Plan (MIMP) is a conceptual, long-range master plan for a Major Institution PUD that may modify the permitted uses and development standards of the underlying zone(s). This permit type utilizes a flexible zoning concept that is intended to allow the institution owner or responsible parties to plan and design all improvements in an integrated manner under one plan, without following the density and dimension and other underlying standards in the Zoning Code. This PUD type will authorize a streamlined permitting process for the institution while mitigating impacts that a major institution may have on the adjacent community. The MIMP will be approved by the Pierce County Hearing Examiner and establish allowed facilities and uses, including those facilities and uses typically associated with the institution including, but not limited to, educational facilities, housing, commercial uses and supporting infrastructure.

D.    Initiation of a PUD. An application for a Planned Unit Development may be initiated by the property owner(s), agent of the owner(s), contract purchaser(s) of property involved in a proposed PUD, or a public agency.

E.    PUD Phasing. The applicant may request the Examiner to allow the development of a PUD to be accomplished or constructed in phases. An overall conceptual plan, PCC 18A.75.080 N.1.b, for the project area may be developed and approved concurrently with application for the initial phase.

F.    Permitted Location of a PUD. A proposed PUD may be located only within the appropriate land use designation established in the Comprehensive Plan or community plan. After a PUD-related designation is adopted by the County Council, the zoning in place at the time of designation approval will control development of the land until a PUD permit is approved by the Hearing Examiner. For example, County Council approval of a Plan Amendment changing the designation of an area from Forest Land to Master Planned Resort must precede submittal of an application for a MPR-PUD within the designated area. Until the MPR-PUD is approved by the Hearing Examiner, the regulations for the Forest Land zone would control development activity. The approval of a PUD by the Hearing Examiner will result in a rezone to the area included in the PUD.

G.    Uses Permitted within a PUD.

1.    Minimum Project Area Required.

a.    NFCC/EBPC/MPC. 320 acres.

b.    MPR/EPF-SC/EPF-RA/MIMP. No minimum area.

2.    Uses Permitted.

a.    NFCC/EBPC. Any residential and non-residential use.

b.    MPC. Only those uses which are allowed under MSF and HRD designations or other uses as provided for by the Examiner if found to be consistent with the approved conceptual plan.

c.    MPR.

(1)    Lodging.

(2)    The following uses which are intended to serve the overnight and recreation visitors of the Master Planned Resort as provided the Examiner finds the uses are compatible. These uses are not intended to serve the daily needs of the surrounding community:

(a)    Single-Family and Two-Family

(b)    Multi-Family

(c)    Amusement and Recreation

(d)    Eating and Drinking Establishments

(e)    Food Stores

(f)    Sporting Goods Rental and Repair

(g)    Coin-Operated Laundries

(h)    Beauty/Barber Shops

(i)    Gas Station

(j)    Real Estate/Property Management

(k)    Civic Uses – PCC 18A.33.220

(l)    Utility Uses – PCC 18A.33.230

(m)    Accessory Uses – Chapter 18A.36 PCC

d.    EPF-SC. Only those uses typically associated with a State corrections center. Facilities associated with civilly committed sexual offenders may be permitted, if appropriately mitigated, and where the siting of such facilities results in an equitable distribution of facilities consistent with RCW 71.09.250(8).

e.    EPF-RA. General aviation related commercial and light industrial uses.

(1)    Commercial uses that support general aviation activities such as aircraft fueling facilities, aircraft training facilities, aircraft sales, fixed base operators, pilot lounges, lodging, eating and drinking establishments, and automobile rental. Each use shall be identified in the approved PUD and on a final development site plan.

(2)    Light industrial uses that support general aviation activities such as aircraft storage hangars, tie-downs, aircraft parts manufacturer, aircraft assembly, and aircraft repair and maintenance services. Each use shall be identified in the approved PUD and on a final development site plan.

(3)    Businesses that require aircraft use as a significant component of their operations such as, but not limited to, air freight, aerial photography, aircraft charter, or taxi services.

(4)    Capital airport improvements identified in or substantially similar to the 2003 Tacoma Narrows Airport Master Plan (either potential or funded). Utilities and services necessary for airport safety and operations (i.e., on-site sewage collection and treatment facilities, water for fire flow, stormwater) are not considered an urban service and are permitted.

f.    MIMP. All uses that are functionally integrated with, or substantially related to, the central mission of a Major Institution or that primarily and directly serve the users of an institution shall be permitted in Major Institutions PUDs. Uses which are allowed in the underlying zones shall also be permitted in Major Institution PUDs. The MIMP shall include a list of existing and proposed uses.

H.    Land Use Standards.

1.    Basic Residential Density.

a.    NFCC/EBPC/MPC. Residential densities may vary between 2 and 12 units per acre as long as the overall average residential density is between 4 and 8 units per acre. When utilizing provisions of Chapter 18G.10 PCC, Transfer and Purchase of Development Rights, residential densities may vary between 2 and 25 units per acre as long as the overall average residential density is between 4 and 10 units per acre.

b.    MPR. The maximum number of dwelling units shall be 0.4 units per acre. Density calculations will not include land devoted to commercial purposes, but will include land devoted to open space. For every one residential dwelling unit approved, the applicant shall provide for two overnight accommodations. Accessory Dwelling Units shall not be permitted.

2.    Employment Use Requirements – EBPC/NFCC. At a minimum, 10 percent of the total gross acreage of a EBPC or NFCC project shall be developed as an employment center. Such a center may be planned as one contiguous development or may be divided into several centers located in various portions of the PUD project site, and may include land dedicated to the commercial and civic components in the 10 percent calculation. Based on the approved EBPC or NFCC conceptual plan, the residential development shall be approved at a rate proportional to the area designated to employment.

3.    Open Space – MPR. At a minimum 30 percent of a MPR site shall be open space. At a minimum, 50 percent of the open space shall be retained for passive recreational uses.

4.    Commercial Use Requirements – MPR. No sign, display, or other exterior indications of the MPR's commercial uses shall be visible from an adjacent property. Retail and service establishments, other than eating and drinking establishments, shall be no greater than 5,000 square feet.

5.    Employee Housing – MPR. The applicant shall be required to demonstrate affordable housing is available for employees of the MPR within the project or in the surrounding area. Housing exclusively for employees is an allowed accessory use and shall not be calculated in the overall residential density; provided that the Examiner approves the location and number of employee housing units. The applicant shall clearly correlate the number of employees with employee housing.

6.    Public Notification Requirements – EPF-RA. Special notification standards shall be required for the initial approval and future modifications of the PUD. Major modification to the Project Master Plan shall be subject to these notification standards as well. Notification shall be provided at the time of permit application and again within 30 days of any required public hearing. Special notification shall include the following:

a.    Notification shall be mailed to all property owners within the Rural Airport Overlay.

b.    Notification shall be mailed to the applicable Airport Advisory Commission.

c.    Notification shall be published in the major local newspaper in the area of the PUD.

d.    Notification shall be provided to the Federal Aviation Administration (FAA) and the Washington State Department of Transportation – Aviation Division.

I.    Zoning Code Standards.

1.    NFCC/EBPC/MPC/MPR/EPF-SC/MIMP. As part of the approval the Examiner shall prescribe allowed uses, bulk requirements and landscaping including, but not limited to, required yards, height, parking, buffers and screening. As provided in Title 18F PCC, Binding Site Plans in lieu of subdivisions may be utilized in a project for all commercial and industrial uses.

2.    MPR. The main buildings and all accessory buildings shall not occupy more than 20 percent of the total lot area. All buildings shall be set back a distance of not less than 40 feet from exterior property lines.

3.    EPF-RA.

a.    Development projects shall comply with the standards described in an applicable community plan.

b.    Vegetation shall be retained around the perimeter of the PUD and plants that are native to the area shall be used for any supplemental landscaping provided that all landscaping/vegetation retention is compatible with airport operations.

c.    Environmentally constrained lands shall not be used for new development if the proposed use can be accommodated through redevelopment of unconstrained lands.

d.    If noise levels projected during the airport master plan period would increase to greater than 65 Ldn (Day-Night Average Sound Level System) beyond the boundaries of the airport over incompatible land uses, the airport will, in partnership and coordination with the County as prescribed by federal FAR Part 15 regulations, mitigate those noise levels through the federally prescribed FAR Part 150 Study Process.

4.    MIMP. The Examiner's approval of a Major Institution Master Plan shall prescribe the allowed uses, bulk requirements and other development regulations.

J.    Road Standards. The road design standards applied to subsequent land use actions which implement the project shall be the standards in effect at the time of application, or as specified in a Project Master Plan.

K.    Infrastructure Planning. An infrastructure and public facilities and services plan shall be prepared. It shall include an analysis of impacts on the environment, mechanisms for mitigating these impacts, and financing options that assure concurrency. Unless otherwise provided in a Project Master Plan, and subject to any appropriate credits for fees paid or facilities provided by the project, applicable impact fee payment requirements shall be those which are in effect when subsequent application is made for implementing approvals such as subdivision applications, site plans, building permits, or other approvals.

L.    Infrastructure Cost Sharing. A mechanism for latecomer agreements and fair share payments shall be developed as part of the project. If the project provides more than its fair share contribution to infrastructure improvements or public services including, but not limited to, roads, sewers, water, fire, police, schools, or park and recreations facilities, then the project shall receive latecomer fees, offsets, credits, reductions, or other adjustments to reflect the project's fair share contribution. The infrastructure cost sharing requirement shall not apply to the EPF-SC or EPF-RA.

M.    PUD Applications/Agreements. The applicant shall submit as part of the application a proposed Project Master Plan that shall at a minimum include:

1.    NFCC/EBPC/MPC/MPR/EPF-SC/MIMP Content.

a.    Regulations, Criteria and Standards. A plan for the property that includes applicable overall development criteria and standards for the total PUD and a proposal, which shall at a minimum include criteria and standards that will generally address land use types and densities; design features (land use, roads, stormwater, parks and open space); and concepts for affordable housing and phasing and financing (including bonds and other forms of security) of public services and infrastructure, if applicable.

b.    This plan must be designed to meet the criteria and standards established in PCC 18A.75.080 N.1.a. The detailed land use plan will identify, if applicable:

(1)    The location and density of residential development;

(2)    The location and type of non-residential components;

(3)    The location and type of open space, recreational facilities, stormwater facilities, public facilities such as schools and libraries, and transportation systems including auto, pedestrian, bicycle, equestrian, transit;

(4)    A phasing plan and the proposed build-out period for the project and its phases;

(5)    The mechanisms to assure affordable housing are provided for a broad range of income levels;

(6)    The acreage and range of uses authorized for any non-residential development within the PUD; and

(7)    The minimum and maximum number of residential units for the PUD.

c.    A copy of the conceptual plan reviewed by the Council in approving the land use designation must be included in the submittal.

2.    EPF-RA Application Content.

a.    A description of the intensity of all existing and planned commercial and light industrial uses.

b.    A description of airport operations. This information shall include the runway length necessary for the safe operation of aircraft at the airport and the noise levels produced by aircraft type.

c.    A description of anticipated take-off and landings based on aircraft type and planned use for each calendar year.

d.    A Project Master Plan. The Project Master Plan shall identify:

(1)    The location of the runways, taxiways, fueling facilities, control tower, any passive recreation facilities, and any open space;

(2)    The general location of commercial and light industrial uses and other impervious surfaces;

(3)    The location and capacity of capital improvements such as roads, stormwater facilities, potable water facilities and other necessary infrastructure that is necessary for the total build-out anticipated through the PUD;

(4)    A phasing plan that describes the proposed construction period(s) for the PUD.

3.    MIMP Content. The MIMP shall be a conceptual, long-range plan that identifies existing uses as well as potential development over a period of not less than ten years. The existing improvements will be recognized by the County as part of the context in which the proposed development will be considered. However, any mitigation measures and conditions shall be based upon the proposed development and impacts that arise from new uses, structures and activities. The plan shall include the following elements:

a.    Permitted uses;

b.    Planned and potential development sites;

c.    Location and types of open spaces;

d.    Development program with descriptions of planned and potential projects and anticipated phasing;

e.    Circulation routes, including roads, major walkways and bike paths;

f.    General locations and quantities of parking;

g.    Traffic demand management program;

h.    Planned utility and other infrastructure improvements, including storm water;

i.    Development standards to replace the underlying zoning standards, including height limits, structure setbacks, lot coverage, open space and screening;

j.    A statement describing the rationale for the MIMP's proposals; and

k.    A discussion of the public benefits that would result from the proposal, including the public purpose mission of the institution, if applicable.

N.    PUD Approval – Findings Required. The action by the Examiner to approve a PUD application, with or without modifications, shall be based upon the following findings:

1.    General Findings.

a.    The proposal is consistent with the Pierce County Comprehensive Plan and the principles and standards set forth in any applicable Community Plan.

b.    Exceptions from the standards are warranted by the design and amenities incorporated in the Project Master Plan. The system of ownership and means of developing, preserving, and maintaining open space is suitable.

c.    SEPA has been complied with.

d.    Proven ability to finance the needed capital facilities.

e.    There are adequate provisions for the preservation of open space. The preservation of open space should be consistent with the Comprehensive Plan policies.

f.    School impacts should be addressed, if applicable.

g.    An inventory of the critical areas on and adjacent to the PUD has been completed pursuant to Title 18E PCC and development in environmentally constrained lands or required buffers are avoided wherever possible.

2.    EBPC/MPC/NFCC Findings.

a.    Transit-oriented site planning and traffic demand management programs can be implemented.

b.    Buffers will be provided between the project and adjacent urban development.

c.    Affordable housing will be provided within the project for a broad range of income levels.

d.    The Examiner shall review and evaluate each residential phase for consistency for achieving overall density as approved in the Project Master Plan.

e.    The Examiner shall review and evaluate each employment phase for consistency for achieving overall intensity as approved in the Project Master Plan.

f.    EBPC and NFCC projects meet the requirements of RCW 36.70A.350.

3.    Master Plan Resort Findings.

a.    The land is better suited and has more long-term importance for the master planned resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land.

b.    On-site and off-site infrastructure impacts are fully considered and mitigated.

c.    The project will be supported by adequate public facilities and services.

d.    Procedures have been developed which ensure overnight lodging cannot be utilized as full-time residential units.

e.    The resort includes a range of developed on-site indoor or outdoor recreational facilities.

f.    The resort meets the definition of the PUD as provided in PCC 18A.75.080 C.3.

g.    The proposal meets the requirements of RCW 36.70A.360.

4.    EPF-SC Findings.

a.    Development of State Corrections facilities designed to treat or house civilly committed sexual offenders, other than those facilities identified in RCW 71.09.250(1)(a), is not permitted unless the siting of such facilities results in an equitable distribution of these facilities as provided in RCW 71.09.250(8).

b.    Development of State Corrections facilities shall include environmental review that identifies and mitigates any transportation impacts associated with the proposed facility.

c.    Development of State Corrections facilities shall include environmental review that identifies and mitigates any human services, housing, and social services impacts associated with the proposed facility.

d.    Development of State Corrections facilities shall include environmental review that identifies and mitigates any adverse environmental impacts to fish and wildlife and fish and wildlife habitat on McNeil Island or in the waters adjacent to McNeil Island.

e.    Development of State Corrections facilities shall include environmental review that identifies and mitigates any public safety and criminal justice impacts created by the proposed facility.

f.    Development of State Corrections facilities shall be limited to locations inside the boundaries of the EPF-SC.

g.    Development of State Corrections facilities shall not involve land clearing or other disturbance of natural features outside the boundaries of the EPF-SC.

5.    EPF-RA Findings.

a.    Adequate open space and buffering is provided to mitigate light, noise, and visual impacts from adjacent rural residential areas; provided that such mitigation does not violate any FAA requirement.

b.    Vegetation retention and native landscaping is compatible with airport operations and environmental protection of sensitive areas.

c.    Unconstrained land has been utilized or redeveloped prior to developing environmentally constrained land.

d.    Off-site impacts associated with the proposed development has been mitigated.

e.    Development is designed to facilitate compatibility between the airport and adjacent neighborhoods surrounding the airport.

f.    The exterior boundary of the PUD matches parcel boundaries.

6.    MIMP Findings.

a.    Transit-oriented site planning and traffic demand management programs can be implemented.

b.    Buffers will be provided between the project and adjacent urban development.

c.    The land within the Project Master Plan is functionally integrated with the institution and can better support the major institution more effectively than the existing underlying zone classifications.

d.    Timelines associated with the build-out of the approved Project Master Plan or any phase of a Project Master Plan are reasonable.

e.    Applicable development regulations governing the approved Project Master Plan or any phase of an approved Project Master Plan have been established.

O.    Master Plan Approval Procedures.

1.    Procedure for Approval. The following process shall apply to the review and approval of a PUD Project Master Plan pursuant to this subsection:

a.    The review and approval of a Project Master Plan (and subdivision proposal if submitted) by the Examiner after staff review, public notice, and public hearing. The Examiner shall use the guidelines set forth in this Section and other appropriate Sections of the Code in the review and approval of the Project Master Plan.

b.    The final Project Master Plan shall be prepared by the applicant incorporating the changes and/or conditions to the Project Master Plan adopted by the Examiner. The final Project Master Plan may be approved and adopted in stages/phases.

c.    The final Project Master Plan shall be approved after the Director finds it conforms to the guidelines included in the approved Project Master Plan. Approval of the final Project Master Plan shall be pursuant to all concurrency and adequacy requirements.

2.    Subdivisions. When it is the intention of an applicant to subdivide or re-subdivide all or portions of property within a proposed PUD project, application for approval of a preliminary subdivision may be filed and considered concurrently with an application for approval of a Project Master Plan.

3.    Time Limitation. The Hearing Examiner may set forth a time period in which the applicant must submit more detailed plans for all or any stage or phase of a PUD. If the project or phase is not progressing in a manner consistent with such time restriction, or if the project has been abandoned, action may be initiated pursuant to PCC 18.140.060 to revoke the PUD project approval.

4.    Approved Project Master Plan – Changes. An approved Project Master Plan, including land use plan elements or conditions of approval, may be amended or modified at the request of the property owner or the property owner's successor in interest. The Director may administratively approve minor modifications to an approved Project Master Plan. Minor modifications may include changes in density; provided the total number of dwelling units approved shall not exceed 10 percent of the maximum number approved in that approved Project Master Plan for the project (or the phase) and provided that the net residential density is not altered; and also provided such changes do not significantly increase impacts on transportation, significantly reduce buffers or open space, or significantly increase impacts on the environment. Modifications that do not qualify as minor shall be subject to applications, notices, hearings, and appeals in the same manner as the original application. The County may vary or specify additional criteria for determining whether proposed modifications are major or minor through the Project Master Plan.

5.    Parties Bound by PUD Final Project Master Plan. Once the Final Project Master Plan is approved by the Director, all persons and parties, their successors, and heirs who own or have any interest in the real property within the PUD are bound by the approved Project Master Plan.

(Ord. 2018-68s § 3 (part), 2018; Ord. 2017-28s § 7 (part), 2017; Ord. 2016-33 § 2 (part), 2016; Ord. 2016-14s § 2 (part), 2016; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013; Ord. 2012-2s § 5 (part), 2012; Ord. 2009-98s § 4 (part), 2010; Ord. 2009-18s3 § 2 (part), 2009; Ord. 2007-91s § 4 (part), 2007; Ord. 2007-3 § 1, 2007; Ord. 2006-9s § 1 (part), 2006; Ord. 2004-87s § 6 (part), 2004; Ord. 2004-52s § 3 (part), 2004; Ord. 2002-113s § 2 (part), 2002; Ord. 2002-11s § 1 (part), 2002; Ord. 97-84 § 2 (part), 1997; Ord. 96-97 § 3, 1996)