A.
Applicability.
1.
The regulations of this Chapter are applicable in all zoning districts, with exceptions only as noted. Regulations may refer to districts by class of districts, for example Districts or Industrial Districts, this means that all districts carrying the designated prefix or suffix are required to meet the given regulation. Overlay districts are combined with an underlying zoning district and supplement the regulations of that district. Overlay districts only apply to land carrying the overlay district designation.
3.
Puyallup Tribal Trust Lands are under the jurisdiction of the Puyallup Tribe of Indians and not subject to the use and development standards of this Title. If a property held in Tribal Trust status is removed from Trust and becomes subject to City of Tacoma zoning, the least intensive zoning classification associated with the applied Land Use Designation in the Comprehensive Plan Future Land Use Map will be applied to the property until such time as the City conducts a zoning review and amendment process.
B.
Zoning code administration – General purposes.
1.
The broad purposes of the zoning provisions of the Tacoma Municipal Code are to protect and promote the public health, safety, and general welfare, and to implement the policies of the Comprehensive Plan of the City of Tacoma. More specifically, the zoning code is intended to:
b.
Promote the economic stability of existing land uses that are consistent with the Comprehensive Plan and protect them from intrusions by inharmonious or harmful land uses.
c.
Promote intensification of land use at appropriate locations, consistent with the Comprehensive Plan, and ensure the provision of adequate open space for light, air, and fire safety.
d.
Foster development patterns that offer alternatives to automobile use by establishing densities and intensities that help make frequent transit service feasible, and encourage walking and bicycling. This emphasis on alternative transportation will also have air quality benefits and will conserve energy.
e.
Establish review procedures to ensure that new development is consistent with the provisions of this chapter and all other requirements of this code.
D.
Pedestrian streets designated.
1.
Pedestrian streets designated. Street segments that are considered key areas for integrating land use and transportation and achieving the goals of the Comprehensive Plan are herein referred to as “Pedestrian Streets.” The designation entails modified design requirements to improve building orientation, definition of the public realm, and pedestrian connectivity.
Pedestrian Streets | ||
|---|---|---|
Street | From | To |
6th Avenue | North Jackson | South L Street |
South 12th Street | South Jackson Avenue | South Cushman Ave |
19th Street | 91st Avenue West | Downtown Regional Growth Center |
North 21st Street | North Proctor Street | North Steele Street |
North 26th Street | North Highland Street | North Madison Street |
East 26th Street | East “L” Street | Bay Street |
East 29th | Crossroads Mixed Use Center | East T Street |
East 32nd | East N Street | East Grandview Avenue |
South 38th Street | South Tacoma Way | East Portland Avenue |
South 47th/48th Street | South Tacoma Way | Interstate 5 |
South 56th Street | South Orchard Street | East Portland Avenue |
East 72nd Avenue | South Tacoma Way | City Limits |
South G Street/Delin Street | Downtown Regional Growth Center | South 38th Street |
North I Street | North Steele Street | North 3rd Street |
McKinley Avenue | Wiley Avenue | East 72nd Street |
North Mildred Street | North 9th Street | South 19th Street |
Pacific Avenue | South 27th Street | 99th Street South |
North Pearl Street | North Terminus of Pearl Street | South 19th Street |
North Proctor Street | North 24th Street | North 21st Street |
East Portland Avenue | Puyallup Avenue | East 72nd Street |
Puyallup Avenue | East L Street | East Portland Avenue |
South Tacoma Way | Thompson Avenue | City Limits |
South Thompson / Yakima Avenue Corridor (South Thompson Avenue from South 39th Street to South 46th Street, Thompson-Yakima transition from South 46th Street to South 48th Street, South Yakima Avenue from South 48th Street to city limits) | South 39th Street | City Limits |
North Union Avenue | North 21st Street | South 38th Street |
2.
Downtown primary streets designated. Within the Downtown, the “primary pedestrian streets” are considered key streets in the intended development and utilization of the area due to pedestrian use, traffic volumes, transit connections, and/or visibility. The streetscape and adjacent development on these streets should be designed to support pedestrian activity throughout the day. They are designated for use with certain provisions in the Downtown zoning regulations, including setbacks and design requirements. Within the Downtown, the primary pedestrian streets are:
a.
Pacific Avenue between S. 7th and S. 27th Streets.
b.
Broadway between S. 7th and S. 15th Streets.
c.
Commerce Street between S. 7th and S. 15th Streets.
d.
“A” Street between S. 7th and S. 12th Streets.
e.
Tacoma Avenue between S. 7th and S. 15th Streets.
f.
South Jefferson between South 21st Street and South 25th Street.
g.
South 25th Street between I-705 and South Fawcett Avenue.
h.
South ‘C’ Street.
i.
Puyallup Avenue.
j.
East 25th Street.
k.
East 26th Street.
l.
East ‘D’ Street.
3.
Tacoma Mall Regional Growth Center. The following pedestrian streets are considered key streets in the development and utilization of Tacoma’s mixed-use centers, due to pedestrian use, traffic volumes, transit connections, and/or visibility. They are designated for use with certain provisions in the mixed-use zoning regulations, including use restrictions and design requirements, such as increased transparency, weather protection and street furniture standards. In some centers, these “pedestrian streets” and/or portions thereof are further designated as “core pedestrian streets” for use with certain additional provisions. The “core pedestrian streets” are a subset of the “pedestrian streets,” and thus, those provisions that apply to designated “pedestrian streets” also apply to designated “core pedestrian streets.”
In centers where multiple streets are designated, one street is designated the Primary Pedestrian Street. This is used when applying certain provisions, such as the maximum setback requirements for projects that abut more than one pedestrian street. Primary Pedestrian Streets are denoted with an asterisk*.
Mixed-Use Center | Designated Pedestrian Streets (All portions of the streets within Mixed-Use Centers, unless otherwise noted.) | Designated Core Pedestrian Streets (All portions of the streets within Mixed-Use Centers, unless otherwise noted) |
|---|---|---|
Tacoma Mall Neighborhood Regional Growth Center | South 35th Street between Pine Street and Sprague Avenue; South 36th/South California Streets between Lawrence and Steele Streets; South 38th Street between South Tacoma Way and South Lawrence Street; South 45th Street/future Loop Road between South Lawrence and South Steele Streets; South 47th/48th Street; South Lawrence Street between South 36th and South 45th Streets; South Pine Street between South Tacoma Way and South 47th/48th Streets | South 38th Street between South Lawrence and South Steele Streets*; South Steele Street* |
4.
Mixed-use centers. The following pedestrian streets are considered key streets in the development and utilization of Tacoma’s mixed-use centers, due to pedestrian use, traffic volumes, transit connections, and/or visibility. They are designated for use with certain provisions in the mixed-use zoning regulations, including use restrictions and design requirements, such as increased transparency, weather protection and street furniture standards. In some centers, these “pedestrian streets” and/or portions thereof are further designated as “core pedestrian streets” for use with certain additional provisions. The “core pedestrian streets” are a subset of the “pedestrian streets,” and thus, those provisions that apply to designated “pedestrian streets” also apply to designated “core pedestrian streets.”
In centers where multiple streets are designated, one street is designated the Primary Pedestrian Street. This is used when applying certain provisions, such as the maximum setback requirements for projects that abut more than one pedestrian street. Primary Pedestrian Streets are denoted with an asterisk*.
Mixed-Use Center | Designated Pedestrian Streets (All portions of the streets within Mixed-Use Centers, unless otherwise noted.) | Designated Core Pedestrian Streets (All portions of the streets within Mixed-Use Centers, unless otherwise noted) |
|---|---|---|
6th Avenue Neighborhood Center | 6th Avenue | 6th Avenue |
Narrows Neighborhood Center | 6th Avenue | 6th Avenue |
McKinley Neighborhood Center | McKinley Avenue from Wright Avenue to East 39th Street* | McKinley Avenue from Wright Avenue to East 36th Street |
Lower Portland Crossroads Center | Portland Avenue*, East 32nd Street, East 29th Street | Portland Avenue |
Proctor Neighborhood Center | North 26th Street; North Proctor Street* | North 26th Street; North Proctor Street |
Stadium District – Downtown Regional Growth Center (DRGC) | Division Avenue from North 2nd Street to Tacoma Avenue; Tacoma Avenue*; North 1st Street; North I Street | Division Avenue from North 2nd Street to Tacoma Avenue; Tacoma Avenue; North 1st Street |
Hilltop Neighborhood – Downtown Regional Growth Center (DRGC) | Martin Luther King Jr. Way*; South 11th Street; Earnest S. Brazill Street; 6th Avenue, South 19th Street | Martin Luther King Jr. Way from South 9th to South 15th, South 11th Street; Earnest S. Brazill Street |
Lincoln Neighborhood Center | South 38th Street*; South Thompson Avenue from South 37th Street to South 39th Street; and South G Street south of 36th Street | South 38th Street |
Lower Pacific Crossroads Center | Pacific Avenue | Pacific Avenue |
South Tacoma Way | South Tacoma Way*; South 56th Street | South Tacoma Way |
Upper Portland Crossroads Center | East 72nd Street*; Portland Avenue | East 72nd Street, Portland Avenue |
Upper Pacific Crossroads Center | South 72nd Street; Pacific Avenue* | Pacific Avenue |
Tacoma Central Crossroads Center | Union Avenue*; South 19th Street between South Lawrence Street and South Union Avenue | Union Avenue south of South 18th Street; South 19th Street between South Lawrence Street and South Union Avenue |
James Center Crossroads Center | Mildred Street*; South 19th Street | Mildred Street south of South 12th Street; South 19th Street |
Westgate Crossroads Center | Pearl Street*; North 21st Street; North 26th Street | Pearl Street |
E.
General administrative provisions.
1.
Interpretation and application. In interpreting and applying the provisions of this chapter, they 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 chapter to interfere with or abrogate or annul any easements, covenants, or agreements between parties. Where this chapter imposes a greater restriction upon the use and/or development of any buildings, land, or premises than are required in other ordinances, codes, regulations, easements, covenants, or agreements, the provisions of this chapter shall govern.
2.
Severability. Should any section, clause, or provision of this chapter be declared by the court to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.
3.
General code compliance. No new subdivision, parcel or lot shall be created that prevents compliance with the standards of this or any other applicable Code, Title or standard of the City of Tacoma.
4.
No resulting nonconforming plats. No permit for the construction, alteration, enlarging, or moving of any building or structure shall be granted where it shall appear from the records of the Building Official that the plat, as required by Chapter 13.04, contains any lot or tract of land, or a part of any lot or tract of land previously designated as the plat, or part of the plat, for any building or structure, for the construction, alteration, enlarging, or moving of which a permit has been granted, if the original plat will thereby be reduced to an area which will not comply with the lot area, setback and yard requirements of this chapter.
5.
Use. Any building, structure, premises, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered; or any land shall be used or occupied; only for the uses or purpose of accommodating the uses permitted in the district in which such building, structure, premises, or land is located, and then only after applying for and securing all permits and licenses required by law and city ordinances. While listed uses may not be varied, dimensional and/or design requirements contained in the additional regulations listed in the use tables may be varied; however, this does not allow uses to be varied.
F.
Height restrictions.
2.
Purpose. (Reserved)
3.
Height limits established. Any building, structure, or portion thereof, hereafter erected, shall not exceed the height limits established for the district wherein such building or structure is located.
4.
Height exceptions.
a.
As provided in Section 13.05.010A relating to conditional uses.
b.
As provided in Section 13.05.010B relating to height variances for residential structures located in the View-Sensitive Districts.
c.
Schools, libraries, structures for religious assembly, colleges. In districts with a height limit of 35 feet, these facilities, when permitted as a use, are allowed at a maximum 45 feet in height.
d.
Structures, above height limits. Chimneys, tanks, towers, cupolas, steeples, flagpoles, smokestacks, silos, elevators, fire or parapet walls, open railings, and/or similar necessary building appurtenances may exceed the district height limit provided all structural or other requirements of the City of Tacoma are met and no usable floor space above the district height limit is added.
e.
Shipping cranes or other freight moving equipment are exempt from height limits.
g.
For the purpose of adding insulation to the exterior of the existing building structural frame, the maximum allowable roof height may be increased by 8 inches, only. Existing buildings not conforming to development standards shall not exceed the maximum allowable height limit by more than 8 inches. This exception is not applicable within view-sensitive districts.
G.
Lot area restrictions.
2.
Purpose. (Reserved)
3.
Lot area established.
a.
Any building or structure hereafter built, enlarged, or moved on a lot shall conform to the area regulations of the district in which such building or structure is located.
b.
No lot area, now existing or hereafter established, shall be so reduced or diminished such that the yards, setbacks, open spaces, or total lot area be made smaller than required by the chapter, except in conformity with the regulations of this chapter.
4.
Lot area exceptions.
a.
Except as provided for in Unit Lot Subdivisions per TMC § 13.04.093, primary access easements and lot extensions on pipestem lots shall not be included in the calculation of lot area. As used herein, a primary access easement is the easement that provides the primary vehicular and pedestrian access to a property that does not have frontage on a public right-of-way or to a property that does have frontage on a public right-of-way when such right-of-way is not practicable for use as vehicular or pedestrian access to the property, for reasons such as significant topography.
b.
Lot area modifications for mobile home parks, multi-unit dwellings, retirement homes, apartment hotels, and residential hotels.
(1)
In the case of a lot which abuts more than one street, computation of lot area may include one-half the area of the second and additional streets so abutting for the purpose of determining the number of mobile home lots or dwelling units, guest rooms, and guest suites that may be permitted on such lot; provided, said streets exceed 50 feet in width; and provided, said total street area so computed shall not exceed 33-1/3 percent of the actual net area of the lot contained within its lot lines.
(2)
Lot coverage modifications for mobile home parks and multi-unit dwellings, retirement homes, apartment hotels, and residential hotels. In the case of a lot which abuts more than one street, computation of lot area may include one-half the area of the second and additional streets so abutting for the purpose of determining lot coverage for main buildings; provided, such streets exceed 50 feet in width; and provided, such total street area so computed shall not exceed 25 percent of the actual net area of the lot contained within its lot lines.
H.
Setbacks and yard areas.
1.
Applicability. The following provisions apply to all zoning districts, except as hereinafter provided, and except where modified by the provisions of Section 13.06.050 relating to Downtown Districts, Title 19 relating to Shoreline Management, TMC § 13.04.093 relating to Unit Lot Subdivisions, and other sections of the TMC.
2.
Purpose. (Reserved)
3.
Setbacks and yard areas established.
a.
Any building or structure hereafter built, enlarged, or moved on a lot shall conform to the setback and yard area regulations of the district in which such building or structure is located.
b.
No required setback, yard or other open space shall include any land dedicated, reserved, or set aside for street purposes, or land contained in any primary access easement, except as provided in this chapter.
c.
No required setback, yard or other open space shall include any land condemned for or upon which notice of condemnation has been given for public purposes.
d.
No required yard, setback or other open space, now provided for any building or structure or hereafter provided in compliance with the regulations of this chapter, shall be considered as any part of a yard, setback or open space for any other building or structure, nor shall any yard, setback or open space of abutting property be considered as providing a yard, setback or open space for a building or structure on a lot it abuts, except as specifically allowed, such as for shared yards or common open space.
4.
Setback and yard area exceptions.
a.
Setbacks for group buildings.
(1)
In the case of group buildings on one site, including institutions and dwellings, the setbacks on the perimeter of the site or lot shall not be less than required for one building on one lot in the district in which the property is located.
(2)
The distance separating buildings, exclusive of accessory buildings, shall not be less than six feet, or ten feet in the case of buildings above 25 feet in height.
(3)
For a building exceeding six stories in height, separation from other buildings on the site shall be increased by one foot in width for each additional story or part thereof that such building exceeds six stories. Where two adjacent buildings on one site both exceed six stories in height, the building separations between them shall be increased by two feet in width for each additional story or part thereof that such buildings exceed six stories.
b.
Side yard setbacks for schools, religious assemblies, and institutions. Public schools, public libraries, religious assemblies, colleges, universities, fraternities, sororities, private clubs, lodges, hospitals, sanitariums, educational institutions, philanthropic institutions, and other institutions, hereafter built in a Residential (R) or Urban Residential (UR) District, shall provide side yard setbacks of not less than 20 feet (see Section 13.06.080L, for parks, recreation, and open space setbacks).
c.
Through lots. Through lots having a frontage on two streets shall provide the required front yard setback on each street.
d.
Projections into required setbacks and yards. Every part of a required setback or yard shall be open, from the ground to the sky, and unobstructed, except for the following:
(1)
Accessory building in the required rear yard setback.
(2)
Ordinary building projections such as cornices, eaves, belt courses, sills, or similar architectural features, may project into any required yard or setback not more than 24 inches.
(3)
Chimneys may project into any required setback not more than 24 inches.
(4)
Uncovered balconies, decks, or fire escapes whose surface is greater than 8 feet above the surrounding grade may project over a required front or rear yard setback four feet or over a required yard two feet.
(5)
Uncovered terraces, platforms, and decks whose surface is greater than 30-inches but not more than 8 feet above the surrounding grade may project or extend into a required front or rear yard setback not more than eight feet or into a court not more than six feet.
(6)
Uncovered, ground level decks (deck surface no more than 30-inches in height from surrounding grade) may occupy up to 50 percent of a required setback area and may also extend into required side yard setbacks to within 3-feet of the property line.
(7)
An uncovered landing which does not extend above the level of the first floor of the building may project or extend into a required side yard setback not more than three feet.
(8)
Mechanical equipment may encroach into a required side or rear setback, provided all building code and noise regulations are met. Mechanical equipment may not encroach on a required walkway and may not be included in required amenity space, nor shall it be used in the calculation of average setbacks.
(9)
Covered porches which are open on three sides and do not extend above the level of the first floor may project up to 8-feet into the required front yard setback, but must be at least 2 feet away from the property line.
(10)
Bay windows, garden windows and fireboxes may extend up to 24-inches into required side yard setbacks, as long as the total of such features does not exceed 25% of the side wall area, and as long as it does not encroach into a required walkway.
(11)
For the purpose of adding insulation to the exterior of an existing building structural frame required, the setback distance from adjacent property lines may be decreased by a maximum of 4 inches, where allowed by building code and where a minimum 3’ clearance from the lot line is maintained for fire and emergency access. Existing buildings not conforming to development standards shall not extend into a required setback more than 4 inches.
(12)
Rainfall catchment systems, which may include rain barrels, tanks or cisterns as well as associated piping, may extend into a required yard setback according to the following:
• | Rainfall catchment tanks no greater than 600 gallons shall be allowed to encroach into a required setback if each tank is less than 4' wide (as measured perpendicular from the side of the house or principal structure), a minimum 3’ clearance from the lot line is maintained, and provided that the cumulative coverage of the tanks does not exceed 10% of each yard area. |
• | Rainfall catchment tanks larger than 600 gallons may be permitted in a required setback provided that they do not exceed 10% coverage of any required yard, and they are not located closer than 3’ from a side or rear lot line, or 15' from the front lot line. If located in the front, the rainfall catchment tank must be screened. |
• | Rainfall catchment tanks may not impede requirements for lighting, open space, minimum amenity space, required walkways, and fire protection or egress. |
• | The rainfall catchment system shall not obstruct any escape window and shall not create a surcharge on an existing retaining wall. |
I.
Annexed land. All territory, which may hereafter be annexed to the City of Tacoma and for which no zoning classification has been previously established, shall automatically become an Urban Residential 1 (UR-1) District until the Planning Commission shall make a thorough study of the new City area and report its recommendation to the City Council regarding the appropriate changes to the Comprehensive Plan and zoning regulations of the City, to incorporate the newly annexed area into said program and establish the final zoning classification(s) for the annexed area.
J.
Split zoning.
1.
Whenever a zone boundary line passes through a single unified parcel of land as indicated by record of the Pierce County Auditor as of May 18, 1953, and such parcel is of an area equal to the minimum requirements of either zone, the entire parcel may be used in accordance with the provisions of the least restrictive of the two zones; provided, more than 50 percent of the parcel is located within the least restrictive of the two zones.
2.
Whenever a zone boundary line passes through a development site, irrespective of the number of parcels, and such site is of an area equal to the minimum requirements of either zone, the entire site may be used in accordance with the provisions of the least restrictive of the two zones; provided following conditions are met:
• | more than 60 percent of the site is located within the least restrictive of the two zones, |
• | the least restrictive zone is not an Industrial district (see TMC § 13.06.060), and |
• | all parcels are contiguous and not separated by a public street or alley. |
K.
Shoreline zoning.
1.
Applicability. The following is applicable only to those portions of Shoreline Districts S-1a, S-6, S-8 and S-15 that are located outside of shoreline jurisdiction, as described in Chapter 9 of the Shoreline Master Program:
2.
Permit processing, including discretionary land use permits such as conditional use permits and variances, shall be in accordance with this chapter and the applicable sections of Chapter 13.05.
3.
In cases where a proposal is located entirely outside the jurisdiction of the Shoreline Management Act but wholly within the shoreline zoning district, any land use permits required for the use and development shall be processed in accordance with this chapter, however the applicable use and development standards of the Shoreline Master Program shall apply.
4.
Policies and development regulations that directly pertain to the goals and objectives of the Shoreline Management Act, including water-orientation, no net loss standards, and public access requirements, shall not apply to uses and development occurring under this chapter and outside the jurisdiction of the Shoreline Management Act.
L.
Nonconforming parcels/uses/structures.
1.
Applicability. Within the zones established by this title there exist parcels, uses, and structures which were lawful when established, but whose establishment would be prohibited under the requirements of this title.
2.
Purpose. The intent of this section is to allow the beneficial development of such nonconforming parcel, to allow the continuation of such nonconforming uses, to allow the continued use of such nonconforming structures, and to allow maintenance and repair of nonconforming structures. It is also the intent of this section, under certain circumstances and controls, to allow the enlargement, intensification, or other modification of nonconforming uses and structures, consistent with the objectives of maintaining the economic viability of such uses and structures, and protecting the rights of other property owners to use and enjoy their properties. However, relief for nonconforming uses shall be narrowly construed, recognizing that nonconforming uses are disfavored by state law.
3.
Pre-existing parcels, uses, and/or structures.
a.
Parcels, uses, and/or structures shall be considered legally nonconforming if such parcel, uses, and/or structure were legally created prior to May 18, 1953, or if such legally created parcel, use, and/or structure became nonconforming by reason of subsequent changes in this chapter.
b.
Pre-existing uses or structures located within a wetland, stream or their associated buffers that were lawfully permitted prior to adoption of the Tacoma Municipal Code (TMC) Chapter 13.11, Critical Areas Preservation Ordinance (CAPO), but were not in compliance with the CAPO, shall be subject to the applicable provisions of this section and shall comply with the requirements of TMC Chapter 13.11.
4.
Nonconforming parcels.
a.
Except as otherwise required by law, a legal nonconforming parcel, which does not conform to the minimum lot area, minimum lot width, and/or minimum lot depth requirements of this title, nevertheless, may be developed subject to all other development standards, use restrictions, and other applicable requirements established by this title.
b.
Parcel modifications, such as boundary line adjustments, property combinations, segregations, and short and long plats shall be allowed, without need for a variance, to modify existing parcels that are nonconforming to minimum lot size requirements, such as minimum area, width or frontage, and minimum dimensional requirements, such as setbacks, yard area, and lot coverage, as long as such actions would make the nonconforming parcel(s) more conforming to the existing requirements and would not create any new or make greater any existing nonconformities.
5.
Nonconforming use.
a.
Continuation of nonconforming use. Except as otherwise required by law, a legal nonconforming use, within a building or on unimproved land, may continue unchanged. In the event that a building, which contains a nonconforming use, is damaged by fire, earthquake, or other natural calamity, such use may be resumed at the time the building is restored; provided that the restoration is commenced in accordance with applicable codes and regulations and that any degree of nonconformity to the land use regulations is not increased. Further, such restoration shall be undertaken only under a valid building permit for which a complete application was submitted within 18 months following said damage, which permit must be actively pursued to completion.
b.
The use of unimproved land which does not conform to the provisions of this chapter shall be discontinued one year from the adoption date of the change to this chapter that creates the nonconformity; provided, however, exception may be made for the nonconforming use of unimproved land abutting a lot occupied by a building containing a nonconforming use and which nonconforming use is continuous and entire in the building and over said abutting land, all being in one ownership, and such use shall have been legally established prior to the adoption date of the change to the chapter that creates the nonconformity.
c.
Allowed changes to and expansions of nonconforming use. Changes to a nonconforming use shall be allowed only under the following circumstances:
(1)
A nonconforming use, or a portion of a nonconforming use, may be changed to a use that is allowed in the zoning district in which it is located.
(2)
A nonconforming use, or a portion of a nonconforming use, may be expanded or changed to another nonconforming use when nonconforming rights for the subject use have been verified by the City of Tacoma. The applicant must provide evidence to show that the subject use was lawfully permitted prior to May 18, 1953, or if such legal use became nonconforming by reason of subsequent changes in this Chapter, prior to the date of the code change that made the use nonconforming. An application for a review of nonconforming rights shall include the following:
(a)
The name, address and phone number of the applicant(s) or applicant’s representative.
(b)
The name address and phone number of the property owner, if other than the applicant.
(c)
Location of the property. This shall, at a minimum, include the property address and/or parcel number(s).
(d)
A general description of any proposed change of use and/or proposed expansion.
(e)
A general description of the property as it now exists including its physical characteristics and improvements and structures.
(f)
A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to clearly depict all required information.
(g)
Documenting evidence to prove that the nonconforming use was allowed when established and maintained over time, which may include: photographs, permit documentation, zoning codes or maps, tax/license/utility records, insurance maps, directories, inventories or data prepared by a government agency.
(3)
If a determination of nonconforming rights concludes that a use is lawfully in existence, then it may be expanded or changed to another nonconforming use, subject to the limitations and standards provided herein.
(a)
Changes in use shall be limited to those uses allowed in the lowest intensity zoning district where the existing nonconforming use is currently permitted outright.
(b)
Change in use from one nonconforming use to another is allowed for non-industrial uses only. Nonconforming industrial uses may be expanded per the provisions of this section.
(c)
The proposed change or expansion will not increase the cumulative generation of vehicle trips by more than 10 percent, as estimated by the City Traffic Engineer; nor will the change or expansion result in an increase in the number of parking spaces that would be required by this chapter by more than 10 percent. In no event shall multiple changes or expansions be approved that would, in the aggregate, exceed the 10 percent requirement as calculated for the initial request for a change or expansion in use;
(d)
The proposed change or expansion will not result in an increase in noise such that it exceeds maximum noise levels identified in TMC Chapter 8.122;
(e)
The proposed change or expansion will not result in substantial additional light or glare perceptible at the boundary lines of the subject property;
(f)
The proposed change or expansion will not result in an increase in the outdoor storage of goods or materials; and
(g)
The proposed change or expansion will not result in an increase in the hours of operation.
(h)
Within the designated Core Area of the Tideflats Manufacturing and Industrial Center, including the Seaport Core Primary, Seaport Core Secondary, and Seaport Core Manufacturing Districts, expansion of any nonconforming residential use or bed capacity and living space associated with a nonconforming community/civic facility or medical/health facility, as defined in the district use table (TMC § 13.06.060), shall be strictly prohibited.
(4)
Any change from one nonconforming use to another nonconforming use, as allowed herein, shall not be considered converting such nonconforming use to a permitted use.
(5)
Changes in use that would exceed the standards herein may be approved through the issuance of a conditional use permit subject to the criteria in Section 13.05.010A, or, in specified circumstances, through a conditional use permit as set forth in TMC § 13.05.010A. This allowance does not apply to residential, community/civic facilities, or medical/health within the Seaport Core Primary, Seaport Core Secondary, and Seaport Core Manufacturing Districts.
6.
Abandonment or vacation of nonconforming use. When a nonconforming use is vacated or abandoned for 12 consecutive months or for 18 months during any three-year period, the nonconforming use rights shall be deemed extinguished and the use shall, thereafter, be required to be in accordance with the regulations of the zoning district in which it is located. Nonconforming rights for the use of an existing structure may be re-established through a Conditional Use Permit per the requirements in TMC § 13.05.010A, provided (a) the use has not been abandoned for a period of more than five years and (b) the proposed re-use of the structure is no more intensive than the last permitted use at the site as described in subsection (c.) above.
7.
Continued occupancy of nonconforming structure. Except as otherwise required by law and consistent with all other requirements of this chapter, a legal nonconforming structure may continue unchanged.
8.
Nonconforming structure and nonconforming commercial, industrial, and institutional uses. A legal nonconforming structure, that is also nonconforming as to use, may only be expanded and/or modified in the following cases:
a.
Ordinary repairs and maintenance, including painting, repair, or replacement of wall surfacing materials and the repair or 1. Ordinary repairs and maintenance, including painting, repair, or replacement of wall surfacing materials and the repair or replacement of fixtures, wiring, and plumbing are permitted; provided, such repair or maintenance will not result in noise exceeding levels identified in TMC Chapter 8.122, light, or glare at the boundary lines of the subject property.
b.
The enlargement or modification is required for safety upon order of the City, or otherwise required by law to make the structure conform to any applicable provisions of law.
c.
Such enlargement and/or modification does not result in an intensification of the use as addressed by Section 13.06.010L.5.
e.
Changes in use or expansion that would exceed the limitations of § 13.06.010L.5 may be approved through the issuance of a conditional use permit subject to the criteria in § 13.05.010A.
9.
Nonconforming structure and conforming commercial, industrial, and institutional uses.
A legal conforming use located in a structure that is nonconforming as to setback, location, maximum height, lot coverage, or other development regulations may be replaced, enlarged, moved, or modified in volume, area, or space; provided, such replacement, enlargement, movement, or modification does not increase the degree of nonconformity. Any structure’s replacement, enlargement, movement, or modification of volume, area, or space must comply with all other current applicable regulations as provided by this chapter, and with the requirements of TMC Chapter 13.11.
10.
Nonconforming structure and nonconforming residential use. Nothing in this chapter shall prohibit the enlargement of a residential structure, which is nonconforming as to use and development regulations, if such expansion does not increase the number of dwelling units or reduce existing lot area or off-street parking. Such expansion, including the construction of accessory buildings, shall be limited to compliance with the setback, height, and location requirements of the zoning district in which the subject site is located, with any approval through the Planned Residential District or Unit Lot Subdivision process, and with the requirements of TMC Chapter 13.11.
11.
Nonconforming residential structures and conforming residential uses.
a.
A legal nonconforming structure which is nonconforming as to setback, location, maximum height, lot area, lot coverage, or other development regulation may be replaced, enlarged, moved, or modified in volume, area, or space; provided, such replacement, enlargement, movement, or modification complies with the setback, height, and location requirements of the zoning district in which the subject site is located, and with the requirements of TMC Chapter 13.11.
b.
Certain additions to existing, nonconforming dwellings may extend into a required front, side, or rear yard setback when the existing dwelling is already legally nonconforming with respect to that setback. The nonconforming portion shall be at least 60 percent of the total width of the respective wall of the structure prior to the addition and any other additions added since May 18, 1953. Additions may extend up to the height limit of the zoning district and extend into the required front, side and/or rear yard setback as follows:
(1)
Front and rear yard setbacks: The addition may extend five feet into the required front or rear yard setback or to the extent of the setback line formed by the nonconforming portion, whichever is less.
(2)
Side yard setbacks: The addition may extend into the required side yard setback up to the setback line formed by the nonconforming wall, except in no case shall the addition be closer than 3 feet from the side property line. Furthermore, the size of the addition shall be limited to an additional wall surface area within the required side setback area of no more than 200 square feet. (See example on following page.) For purposes of this provision, “wall surface area” is defined as the length (measured parallel to the side property line) multiplied by the height of the vertical wall surface of any building addition within the required side yard setback area. Any windows, doors or architectural features present are counted toward the total permissible wall surface area. Additions below the current ground level finished floor will not be counted toward the maximum permissible wall surface area.
12.
Unpermitted middle housing in Urban Residential (UR) and Residential (R) Districts.
a.
Existing, un-permitted, nonconforming middle housing in a UR or an R District which conforms with density and use requirements, but is nonconforming as to setback, location, maximum height, or other development regulation may be legalized; provided the building is brought into conformance with current Building Code and Energy Code requirements, and that no increase in nonconformity is made.
b.
This amnesty period shall expire on December 31, 2029.
13.
Restoration of damaged or destroyed nonconforming commercial, industrial, institutional, and residential structures. Restoration of a legal nonconforming building or structure which has been damaged by fire, earthquake, or other natural calamity is permitted; provided that the restoration is commenced in accordance with applicable codes and regulations and that any degree of nonconformity to the land use regulations is not increased. Such restoration shall be undertaken only under a valid building permit for which a complete application is submitted within 18 months following said damage, which permit must be actively pursued to completion.
14.
Nonconforming signs.
a.
Purpose. To allow the continued existence of legal nonconforming signs, subject, however, to the following restrictions.
b.
No sign that had previously been erected in violation of any City Code shall, by virtue of the adoption of this section, become a legal nonconforming sign.
c.
No nonconforming sign shall be changed, expanded, or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved, in whole or in part, to any other location where it would increase its nonconformity. However, a legal nonconforming on-premises sign may be altered if the degree of nonconformity for height and sign area is decreased by 25 percent or greater. Further, a legal nonconforming on-premises sign may be relocated to a different portion of the site so long as it doesn’t become further non-conforming to any separation, setback, or location standard. For purposes of this subsection, normal maintenance and repair, including painting, cleaning, or replacing damaged parts of a sign, shall not be considered a structural alteration.
d.
Any sign which is discontinued for a period of 90 consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not, thereafter, be reestablished, except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, acts of God, and without any contributing fault by the sign user, shall not be considered in calculating the length of discontinuance for purposes of this section.
e.
Any nonconforming sign damaged or destroyed, by whatever means, to the extent of one-half of its replacement cost shall be terminated and shall not be restored.
f.
Nonconforming billboards shall be made to conform with the requirements of this section under the following circumstances:
(1)
When any substantial alteration is proposed on premises where a nonconforming billboard is located, the billboard shall be removed or brought into conformance with this section. For purposes of this provision, “substantial alteration” means all alterations within a two-year period whose cumulative value exceeds 200% of the value of the existing development or structure, as determined by the applicable Building Code, excluding purchase costs of the property and/or structure.
(2)
Whenever a building, or portion thereof, to which a nonconforming billboard is attached (such as upon the roof or attached to a wall), is proposed to be expanded and/or remodeled, all nonconforming billboards shall be removed or brought into compliance with this section if the value of the alterations within any two-year period is greater than or equal to 50 percent of the value of the existing building, as determined by the Building Code, excluding purchase costs of the property and/or structure.
g.
Signs for nonconforming commercial and/or industrial uses in a residential district shall be limited to the signage which existed at the time it became nonconforming or, in the event the sign is destroyed or removed, it may be replaced by a sign not to exceed 32 square feet.
15.
Downtown districts.
a.
It is intended that nonconforming development or elements of nonconforming development that affect appearance, function, and design quality be brought into conformance with the development and basic design standards of this chapter. It is not intended to bring nonconforming development into compliance immediately, but to have future development comply with the purpose and intent of this code and eventually be brought into conformance with its standards. It is not intended to require extensive changes that are impractical, such as moving or lowering buildings.
b.
For purposes of the Downtown zoning districts, nonconforming development shall mean development or an element of development which does not conform to the current development standards and basic design standards that existed prior to January 10, 2000, within the blue-shaded area of Figure 1 (below) or existed prior to August 1, 2014, within the red-shaded area of Figure 1.
c.
Nonconforming development may continue as set forth, unless specifically limited by other regulations of this chapter.
d.
Additions to buildings nonconforming to the development standards or basic design standards must comply with these standards, unless otherwise exempted. No addition can increase the nonconformity to the development or basic design standards or create new nonconformity with these standards.
16.
Adult uses.
a.
Any adult entertainment, activity, use, or retail use in existence within the City limits as of November 19, 2000, shall be considered a nonconforming use.
17.
Special needs housing.
a.
Registration of existing special needs housing. Facilities existing as of November 13, 2006, shall be required to register with Planning and Development Services by May 13, 2007. Such registration shall be in a form provided by Planning and Development Services and shall include the following information:
b.
Abandonment. Any existing special needs housing facility that is abandoned for a continuous period of one year or more shall not be permitted to be re-established, except as allowed in accordance with the standards and requirements for establishment of a new facility.
(Previously codified as 13.06.500, 13.06.600, 13.06.601, 13.06.602, 13.06.605, 13.06.620, 13.06.630, 13.06A.052, and 13.06A.055, relocated to § 13.06.010 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28613 Ex. E, 2019-09-24; Ord. 28725 Exs. A and F, 2020-12-08; Ord. 28793 Ex. B, 2021-12-07; Ord. 28986 Ex. D, 2024-11-19; Ord. 29042 Ex. A, 2025-06-24; Ord. 29076 Ex. A, 2025-12-02)





















































































































































