HomeMy WebLinkAboutReg 2005-07-18 Item 4 - Public Hearing - 9 Zoning Code Amendments �.N1LA, p�`�
COUNCIL AGENDA SvvosIs
k '2? 9 `�2 S Inrtralr ITEM NO.
9 10' 1 Aleetw Date Prepared by Mayor's reurery Corrrcrl murex Q I 6 -13 -05 SL 1
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ITEM INFORMATION
CAS NUMBER. 05-090 I ORIGINAL AGENDA DATE. 6-13-05
AGENDA ITEM TITLE Zoning Code Amendments
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award X Public Heating 1 1 Other
Mtg Date 6 -13 Altg Date Mtg Date Aft Date Mtg Date Aitg Date 7 -18 -05 Mtg Date
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fire Legal E P&R Police PIV
SPONSOR'S A group of 9 Zoning Code amendments ranging from minor housekeeping or clarification
SUM \1ARY to policy decisions about allowed uses and development standards.
REVIEWED BY X COW Mtg X CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. X Planning Comm.
DATE: 3- 10 -05, 5 -24 -05 (CA 4 -28 -05 (PC); 6 -13 -05 (COW)
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMIITTEE Hold a hearing and adopt recommended changes
I COST IMPACT FUND SOURCE!
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$o So
Fund Source
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
6 -13 -05 I Discussed the proposed changes and set a hearing date of 7 -18 -05
7 -18 -05 1
MTG. DATE 1 ATTACHMENTS
6 -13 -05 I Staff Memo Dated 6 -7 -05 with Attachments
5 -24 -05 CAP Minutes
4 -28 -05 Planning Commission Minutes
7 -18 -05 Staff Memo Dated 7 -13
Attachment A Photos of Different Roof Pitches
Attachment B Draft Manufactured /Modular Home Ordinance
Attachment C Draft Ordinance for 8 other items
City of TukJfl/ila
Steven M. Mullet, Mayor
Department of Community Development
IVI E IVI 0 RAN D U IVI
Steve Lancaste1; Director
TO:
Mayor Mullet
CommIttee of the Whole W
Steve Lancaster, DCD Director ~
Proposed Code Amendments
FROM:
RE:
DATE: July 13,2005
BACKGROUND
On March loth Staff presented a group of 10 Zoning Code amendments to the CAP. The tOpICS
ranged from mmor housekeepmg or clarification to polIcy decIsIOns about allowed uses and
development standards. The Committee chose a preferred optIOn for each tOpIC. Staff then
worked to translate this policy direction mto code language. We decIded that the new sectIOn
dealing with MobilelManufactured Horne Parks needed addItional work so that was pulled out to
be handled separately. The other 9 items were presented to the Planmng CommissIOn at a publIc
hearing on April 28th.
The Planmng Commission endorsed the CAP's recommendations for all items except the new
design standards to apply to all single family houses, includmg manufactured homes. The
Commission did not want to require that all new smgle- famIly houses have an attached garage,
front door that faced the street or a mmimum roof pitch of 5: 12. They dId support a mimmum
roof pitch reqUIrement of 3: 12, with an exception process through the DCD Director for flat
roofs on architecturally designed houses.
The PC recommendation was presented to CAP on May 24th. The CommIttee decIded to
remstate their anginal design standards, however they wanted allow detached garages for alley
accessed lots only. The proposal was then presented to the COWan June 13th. They dIscussed
the single family desIgn standards and set a public heanng for July 18th.
PROPOSED CHANGES
The COW recommendatIons are reflected in the attached strikeout/underline ordinances. The
changes are dIscussed below.
A. Manufactured Homes in Residential Zones
The 2004 State Legislature passed legIslation requmng that manufactured housmg be treated
similarly to other types of housing (stIck bUIlt or modular). This means that Tub-vIla cannot
exclude manufactured housmg from mdivIdual lots m the LDR, MDR and HDR zones as IS our
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6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 . Fax; 206-431-3665
current practice. We can however Impose desIgn standards that would apply to all new sIngle
family houses, see TMC 18.50.050 in the draft ordInance at Attachment B. The COW IS
recommendIng the folloWIng design standards
a) A one car or larger attached garage unless the garage is behind the house, In
whIch case the garage could be detached,
b) A front door facIng the front yard setback,
c) Aminimumroofpitchof5:l2.
The ordInance is drafted to exempt housing demonstration projects from the single family design
standards. These projects will be required to go through design reVIew and should have more
flexible development standards to aliow the different housing types.
The reqUIrement that a front door must open on to the front or second front yard would not
necessarily produce a consIstent streetscape as we have typIcally granted some flexibIlIty In
determining which yard is the front when the lot does not touch a publIc right-of-way. It would
also mean that more houses on narrow, non-confonmng lots would be limIted to a single car
garage. Both houses below would meet all ofthe proposed design standards (the house on the
right IS on a comer lot).
- - -- - -
J
See Attachment A for examples of dIfferent roof pitches. LookIng at the past two years of sIngle
family house permits they all had pitches between 5 and 8 in 12, with the maJonty either 5 or 6
In 12. The draft ordInance also includes an exceptIOn process to allow roofs lower than 5:12 as a
Type 2 Special Permission applIcation.
The PC, CAP and COW retained the requirements specIfic to manufactured hOUSIng allowed by
the State:
a) only new manufactured homes may be used outsIde of mobile home parks,
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b) the manufactured home must be set on a permanent foundatIOn \-vIth the space from
the bottom of the home to the ground enclosed by concrete or an approved concrete
product that can be eIther load bearing or decoratIve,
c) the home must be thermally eqUIvalent to the state energy code, and
d) the home must be at least a "double wide"
SeaTac, Renton, Bunen and Kent all allow manufactured hOUSIng in sIngle famIly residentIal
areas subject only to the state allowed requirements.
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUG, 0, RCC, NCC and
TVS zones which are primarily intended for hght commercIal and multi-famIly uses. However,
some of these zones have either no mmimum lot size, or lot SIzes as small as 5,000 square feet
while LDR, our single family zone, has a 6,500 square foot minimum lot SIze. This has created
interest among developers in short plattIng commercmlland for single family residentIal
development. The PC concurred wIth CAP's recommendatIOn to adopt a clanfication that single
famIly houses are only allowed on existing lots, not those created through new short plats.
C. Condominium Conversions
The Zoning Code requires that an apartment building owner obtam an Unclassified Use PermIt
from the CIty Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment buIldIng
from considering that alternatIve. State law (RCW 64.34.440) has reqUIrements for tenant
notification, first right of refusal and public offenng statements that disclose any bUIlding,
mechanical or electrical code violations to prospective purchasers.
The PC concurred with the CAP's recommendatIOn to repeal the UUP requirement. Under the
International Housing Code, unlike the Uniform BUIldmg Code, the converSIOn of an apartment
buildmg to condominiums is a change in Occupancy ClassificatIOn Group. ThIs reqUIres an
inspection and corrections to any code violatIOns before issuance of a new CertIficate of
Occupancy. Therefore no additions to the ZonIng Code are required to implement the CAP's
recommendation that the building be mspected and code violations addressed prior to sale.
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a NotIce of
Incomplete ApplicatIOn withm 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an InactIVe permit when the applIcant
does not respond to a request for more Information. The PC concurred wIth CAP's
recommendation to extend the 90 day response reqUIrement to complete permIts.
NO
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E. Kennels as Conditional Uses in the TUC
The CIty has been approached by a representatIve from PetsMart about the possibIlIty of addmg
a "pet hotel" for dog and cat boardmg wIthin theIr existmg store Kennels for 4 or more cats or
dogs are a condItIOnal use III the RC, RCM, C/LI, LI, HI and TVS zones but are not permItted at
all m TUC Animal veterinary climcs wIth assocIated temporary mdoor boardmg are allowed
outnght in all zones except 0, LI, HI, MIC/L and MIC/H. The PC concurred with CAP's
recommendation allowmg indoor kennels as a condItional use m the TUC
F. Administrative Planned Residential Developments
When the CIty updated the SubdivIsion Ordmance in 1997 the reference to administratIve PRDs
was inadvertently deleted. It has been DCD's practice that if an applIcant wIth property
contaimng a wetland or watercourse chose to apply for the lot SIze or setback reductions allowed
under the PRD chapter the process would follow the type ofthe underlying permit. The PC
concurred with CAP's recommendation to COdIfy thIs practIce m the PRD chapter for clarity.
There are two expiratIOn deadlines for PRDs, see TMC 1846.120 The first requirement IS that a
complete building permit for the applIcation be submItted wIthin 12 months ofthe date of/City
CouncIl approval. The second requirement IS that once DCD determines that the building permIt
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. ConstructIOn of Improvements must
begin wIthin 12 months from the date ofthe City Clerk filing. In practice the CIty has not
recorded the PRD separately wIth Kmg County or modified the site zoning with the suffix. The
PC concurred with CAP's recommendation to change the second deadline to require that
construction begm within 6 months ofbuildmg permIt issuance. If that buildmg permIt expires,
so would the PRD approval.
G. Lot of Record Changes
Tukwila's current definitions oflot and site don't clearly define the CIrcumstances under which a
parcells considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested changes that will tIe our defimtIOns to the requirements of State law. See
Attachment A for the new language
In addition the City Attorney recommends replacmg TMC 18.70.030 Preexisting Legal Lots of
Record wIth amended language clarifying the development nghts for substandard lots. We
would continue to allow lots that do not meet current SIze reqUIrements to be developed, so long
as they can meet current development, land use and environmental standards. If they could not
meet standards they would have to be consolIdated wIth an adjoining lot or request a variance.
The PC concurred with CAP's support for all of these proposed changes.
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H. Housekeeping
There are several outdated or mcorrect TMC cItatIOns at TMC 18 104.010. Staff would lIke to
update, correct or delete these references, see Attachment A for the revIsed tables The PC
concurred wIth CAP's support for all ofthese housekeeping changes.
I. Use Definition
To address a recent concern regardlI~g the applicatIOn of the non-conformmg use chapter, the
CIty Attorney proposes that the defiilltIOn of use be changed, see Attachment A for the new
language. The PC concurred with CAP's support of thIS proposed change.
REQUESTED ACTION
Review and revise the draft ordinances.
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Examples of Different Roof Pitches
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Attachment B
Draft
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NOS. 1758, 1819 AND
1976 AND CHAPTERS 18.06, 18.50 AND 18.70 OF
THE TUKWILA MUNICIPAL CODE, TO ALLOW
MANUFACTURED HOUSING ANYWHERE
SINGLE FAMILY DWELLINGS ARE PERMITTED
AND TO IMPOSE DESIGN STANDARDS ON ALL
SINGLE FAMILY DWELLINGS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and
updated as appropriate; and
WHEREAS, under new State regulations manufactured and modular
homes must be treated similarly to stick built dwellings; and
WHEREAS, design standards for single family dwellings will help to
preserve neighborhood quality; and
WHEREAS, the City of Tukwila Planning Commission held a public
hearing on the proposed amendments on April 28th and has recommended the
adoption of certain Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed
amendments July 18, 2005, after proper notice; and
WHEREAS, the City CouncIl after having received and studied staff
analysis and comments from members of the public believes that certain
amendments to the City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1976 85 and Ordinance 1758 81 (part), as codIfied at
TlIIC Chapter 18.06.255, is hereby amended to read as follows'
18.06.255 Dwelling, Single-Family
"Smgle Family dwelling" means a buildmg~ eF-modular home, other than a mobIle or new
manufactured home, designed to contain no more than one dwelling umt plus one accessory
dwelling unit.
Section 2. Supplemental Development Standards, TMC Chapter 18.50, is
hereby amended to add the following section:
18.50.050 Single Family Dwelling Design Standards
All new single family dwelhngs, except those that are part of an approved Housmg OptIOns
Demonstration Program, constructed under building penmts submitted to the CIty after August 1,
2005 must:
A. be set upon a pennanent foundation with the space from the bottom of the home to the
ground enclosed by concrete or an approved concrete product that can be either load
bearing or decorative;
B. if a manufactured home, be comprised of at least two fully enclosed parallel sectIOns each
of not less than twelve feet wide by thirty-sIx feet long;
C be thennally eqUIvalent to the state energy code,
D. have a one car or larger attached garage, unless the garage IS behmd the house, m whith
case It can be detached;
E. have the front door facing the front or second front yard,
F. have a roofing matenal that IS residential in appearance mcludmg but not hmIted to wood
shakes or shingles, standing seam metal, asphalt composition shmgles or tile with a
minimum roof pitch of5:l2; and
G. have exterior sidmg that IS resIdential In appearance mcludmg but not hmIted to wood
clapboards, shmgles or shakes, brick, conventIOnal vinyl sIdmg, fiber-cement sIdmg,
wood-composIte panels, aluminum siding or similar matenals. Materials such as smooth,
ribbed or corrugated metal or plastic panels are not acceptable.
Section 3. Supplemental Development Standards, TMC Chapter 18.50, is
hereby amended to add the following section:
18.50.055 Exception to Minimum Roof Pitch Requirement
The minimum roof pitch of 5:12 required by 18.50.050 may be modIfied by the DCD
Director as part of a Type 2 Special PennissIOn applicatIOn. The critena for approval of
the modification are as follows:
A. The proposed roof pitch IS consistent wIth the style of the house (for example
modem, southwestern);
B. If a flat roof is proposed the top ofthe parapet may not exceed 25 feet in height;
C. If a sloped roof is proposed it must have at least 24 inch eaves;
D. The house exhibits a hIgh degree of desIgn qualIty mc1uding a mix of extenor
materials, detailing, artIculation and modulation.
Section 4. Ordinance 1819 81 (part), as codIfied at TMC Chapter
18.70.055, (Mobile and Manufactured Homes) is hereby deleted in Its entirety.
18.70.055lVlobile and Manufactured Homes
Legally prcexistmg mobile and manufactured
homes may bc replaced. The replaccmcnt must, at a mInImam, be wIth a HUD approvcd
manufactured home and must also meet the folloWIng standards:
1. Shall have roofing material that IS
resIdcntIal in appearance IncludIng, but not lImIted to, appro'.'ed wood, asphalt composItIOn
shIngles or fiberglass, but exc1udIn; corrugated aluminum, corrugated fiberglass or metal roof;
2. Shall ha'/e a minimum roof pItch of three
inch rise for each twelve inches of run, or about 25%;
3. Shall be Installed in accordance wIth
manufacturer's instructions, '.vhich shall Include desIgn specIficatIOns for SCIsmic Zone 3 and
WInd load factor of 80 miles per hour;
1. Shall have extcrior siding that is resIdential
in appearance inc1udin;, but not lImIted to, clapboards, sImulated clapboards such as
conventional vinyl or metal siding, wood shIngles, shakes or sImilar material,
but excluding smooth, ribbed, or corrugated metal or plastIc pancls;
5. Shall have the hItch, axles and wheels removed.
Section 5. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or Its .applIcation to any person or situation
should be held to be invalid or unconstitutional for any reason by a court of
competent jurisdiction, such invalidIty or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its
application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full
force and effect five (5) days after passage and publication as provided by law.
PASSED BY THE
WASHINGTON, at a
CITY COUNCIL OF THE CITY
Regular Meeting thereof this
,2005.
OF TUKWILA,
day of
Steven M. Mullet, Mayor
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC City Clerk
APPROVED AS TO FORl\1:
By
Office of the CIty Attorney
Attachment C
Draft
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NOS. 1758, 1768, 1770,
1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865, 1954,
1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 AND
2084 AND CHAPTERS 18.06, 18.12, 18.14, 18.16,
18.18, 18.20, 18.22, 18.26, 18.28, 18.40, 18.46, 18.70
AND 18.104 OF THE TUKWILA MUNICIPAL
CODE, TO CLARIFY AND UPDATE ZONING
CODE PROVISIONS DEFINING
MANUFACTURED HOUSING, LOT, SITE AND
USE, DISALLOWING RESIDENTIAL PLATS IN
COMMERCIAL ZONES, DEREGULATING
CONDOMINIUM CONVERSIONS, ADDING AN
EXPIRATION DEADLINE FOR INACTIVE
PERMITS, ALLOWING KENNELS AS
CONDITIONAL USES IN TUC, PROVIDING FOR
ADMINISTRATIVE PLANNED RESIDENTIAL
DEVELOPMENTS AND CORRECTING CODE
CITATIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and
updated as appropriate; and
WHEREAS, the City recognizes that its definitions for manufactured
homes, mobile homes, lot and site no longer correspond with State regulations;
and
WHEREAS, residential short plats are contrary to the intent of commercial
zones; and
WHEREAS, condominium conversions are sufficiently regulated by State
law and building codes so an unclassified use permit does not provide any
additional benefit; and
WHEREAS, permit processing efficiency would be improved by a
mechamsm to expIre mactIve permIt applications; and
WHEREAS, indoor kennels are an appropnate use in the Tukwila Urban
Center; and
WHEREAS, an administrative process for planned residential
developments should be allowed for short plats and boundary line adjustments;
and
and
WHEREAS, the current definition of use is unclear and should be updated;
WHEREAS, there are several outdated or incorrect citations m the code that
should be corrected; and
WHEREAS, the City of Tukwila Planning Commission held a public
hearing on the proposed amendments on April 28th and has recommended the
adoption of certain Zoning Code changes; and I
WHEREAS, the City Council held a public hearing on the proposed
amendments July 18, 2005, after proper notice; and
WHEREAS, the City Council after having received and studied staff
analysis and comments from members of the public believes that certain
amendments to the City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1758 91 (part), as codified at TMC Chapter
18.06.245, is hereby amended to read as follows:
18.06.245 Dwelling, Manufactured Home or :Mobile Home
"Manufactured home dwelling" or "mobile home dwelling" means a detached resIdential
dwellIng unit fabricated In an off site manufacturing facilIty for InstallatIOn or assembly at thc
buildIng site, bearing an insigma Issued by the State of WashIngton certI0'mg
that It IS built In complIance with the Federal Manufactured Housing ConstructIOn and Safety
Standards for manufactured homes single-family dwellIng reqUIred to be bUIlt In accordance wIth
the regulatIOns adopted under the natIOnal manufactured hOUSIng constructIOn and safety
standards act of1974.
Section 2. "Mobile Home" Defined. TMC Chapter 18 06, Definitions, IS
hereby amended to add the following section.
18.06.247 Dwelling, Mobile Home
"Dwellmg, Mobile Home" means a factory built dwellIng constructed before June 15, 1976 to
standards other than the natlOnal manufactured housmg construction and safety standards act of
1974 and acceptable under applicable state codes In effect at the tIme of constructlOn or
mtroductIon of the home mto thIS state.
Section 3. Ordinance 1758 81 (part), as codified at TMC Chapter
18.06.500, is hereby amended to read as follows:
18.06.500 Lot
"Lot" means a physically separate and dIstmct parcel of property which has been ( a) was created
by plat, short plat, or bmdmg sIte plan, or which by reason of Its o'.vnership history,-.CQLwas
bought or sold as separately owned parcel of property used as a separate legal buildmg site prior
to the reqmrement that lots be created by plat, short plat, or bindmg site plan~, or ( c) was created
by a transactIon which was exempt from the reqmrement that lots be created by plat, short plat or
bmdmg site plan. "Lots" may be bought or sold as separate parcels of property but the fact that a
parcel of property is defined as a "lot" does not necessarily mean that It may developed as a
separate buildmg site.
Section 4. "New Manufactured Home" Defined. TMC Chapter 18.06,
Definitions, is hereby amended to add the following section:
18.06.587 New manufactured home
''New manufactured home" means any manufactured home required to be titled under Title 46
RCW, which has not been prevlOusly titled to a retail purchaser, and IS not a "used moblle home"
as defined m RCW 82.45.032(2).
Section 5. Ordinance 1758 81 (part), as codified at TMC Chapter
18.06.780, is hereby amended to read as follows:
18.06.780 Site
"Site" means any lot or group of adlOimng lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a pennit or approval pursuant to TMC tItles 16, 17 or 18. legally defined
section of real property, '.':hose boundarIes are recorded for purposes of assessmg taxes with the
County f~ssessor's Office.
Section 6. Ordinance 1758 81 (part), as codified at TMC Chapter
18.06.865, is hereby amended to read as follows:
TMC 18.06.865 Use
"Use" means the nature of the actIvities takmg place on prIvate -property or wlthm structures
thereon occupancy, the type of acti'.'ity, or the character and fonn of impro':ements to which land
is devoted or may be devoted.
Section 7. Ordinance 1865 810, Ordmance 1816 81, and Ordmance 1758 81
(part), as codified at Section 18.12.050 of the Tukwila NIumcipal Code, (MedIUm
Density Residential) Unclassified Uses, IS hereby amended to read as follows:
18.12.050 Unclassified Uses
The folloWIng uses may be allowed wIthIn the MedIUm DensIty ResidentIal dlstnct, subject to the
reqUirements, procedures and condItIOns establIshed by TMC Chapter 18 66, Unclassified Use
Permits:
1. Landfills and excavations which the responsible official, actIng pursuant to the State
EnvIronmental Policy Act, determines are signIficant envIronmental actIOns.
-.. COI1\TrSlOl1S of renta] I11Ultl fIlml) stalctur2S to :;om!Ol~lmllmls or 0\\ ner acclplcd I11U!t1f~-:I11l]Y
Bousm<;, bu~~e]udl!1~ the eonstructofH1fnew eor:dOffitlllt!l11 or O\\-11Cr cccupled mult! bmIly
housm;;.
l~. NeIghborhood stormwater detention and treatment facilitIes.
24- Stormwater pump stations.
:!~ Water utility reservoirs and related facilitIes.
~e. Sewage lift stations.
~:;:.. Water pump stations.
18. Mass transit facilities.
.8.9-. Other uses not specifically listed in this Title which the DIrector determines to be.
a. SImilar in nature to other uses allowed through the unclassIfied use permit;
b. Consistent wIth the stated purpose of the dIstrict;
c. Consistent with the policies of the Tukwila ComprehensIve Plan.
Section 8. Ordinance 1865 814, Ordinance 1816 81, and Ordinance 1758 81
(part), as codified at Section 18.14.050 of the Tukwila Municipal Code, (High
Density Residential) Unclassified Uses, is hereby amended to read as follows:
18.14.050 Unclassified Uses
The following uses may be allowed withm the High Density ResIdentIal dIstrict, subject to the
requirements, procedures and conditIOns established by TMC Chapter 18.66, UnclassIfied Use
Permits:
I. Landfills and excavations which the responsible official, actIng pursuant to the State
Environmental Policy Act, determmes are significant environmental actions.
'. ConverSIOns ofrenwJ multi f[lI11I--1:_ structures to cOl1dOmll1IUm~; or owner occupIed m:llllfr!lmly
l-te-tts-ttl<;. but c',cludmg the constructJoR-of 11('\'> condOmllllll1ll or O\\!1-er-B€8:lj7t€tl-m LI!lI ram II y
hOLIsm);
I;. Neighborhood stormwater detentIOn and treatment facilities.
J+. Stormwater pump statIOns.
:!~. Water utility reservoirs and related facilities.
~e Sewage lift stations.
~~. Water pump stations.
1"'. Mass transIt facilities.
.8.1). Other uses not specifically listed in thIS Title WhICh the DIrector determmes to be.
a. Similar m nature to other uses allowed through the unclassIfied use permit;
b ConsIstent WIth the stated purpose of the dIstrict;
c. Consistent with the polIcies of the Tukwila Comprehensive Plan.
Section 9. OrdInance 1986 95, OrdInance 1976 928, Ordinance 1971 97,
OrdInance 1830 95, Ordinance 1814 92,and Ordinance 1758 91 (part), as codIfied
at Section 18.16.020 of the TuhvIla :tvIuniClpal Code, (:tvIixed-Use Office)
Permitted Uses, is hereby amended to read as follows:
18.16.020 Permitted Uses
The followmg uses are penmtted outrIght wIthm the Mixed-Use Office dIstrIct, subject to
compliance wIth all other applicable requirements of the TukwIla Municipal Code.
1. Ammal vetermary, mcludmg associated temporary mdoor boardmg; access to an arterial
reqUIred.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. CommercIal parkmg, provIded it is.
a. located withm a structure havmg substantial ground floor retail or commercial activities
and
designed such that the pedestrIan and commercial environments are not negatively impacted
by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behmd a buildmg that, combmed
wIth approprIate Type III landscaping, provIdes effective visual screenmg from adjacent
streets.
7. Computer software development and sImilar uses.
8 Convalescent and nursing homes for not more than 12 patIents.
9. Day care centers.
10. Dwellmg - One detached single-family dwelling per eXIstmg lot.
11 Dwellmg - Multi-family umts above office and retail uses.
12. Dwelling - Semor citizen housmg as a free - standing use subject to addItional requirements.
13. FmancIal, bankmg, mortgage, and other servIces.
14 Fraternal orgamzations.
15. Laundnes:
a. self service
b. dry-cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental1aboratones.
18. Offices, when such offices occupy no more than the first two stones of the building or
basement and floor above, including:
a. medical
b. dental
c. government; excluding fire and polIce statIOns
d. professIOnal
e. administratIve
f. bus mess, such as travel, real estate
g. commercial
19. Outpatient, mpatIent, and emergency medical and dental commercial services
20. Public parks, trails, picmc areas and play - grounds but not includmg amusement parks, golf
courses, or commercial recreation.
21 RecreatIOn facilitIes (commercIal - mdoor), athletic or health clubs.
22. Restaurants, mcluding cocktail lounges m conjUnctIOn with a restaurant.
23 RetaIl sales of health and beauty aids, prescnptIOn drugs, food, hardware, notIOns, crafts and
craft supplIes, housewares, consumer electromcs, photo eqUIpment and film processmg, books,
magazines, stationery, clothmg, shoes, flowers, plants, pets, Jewelry, gifts, recreation eqmpment
and sportmg goods, and simIlar items.
24. Retail sales as part of a planned Illlxed-use development, where at least 50% of gross leasable
floor area development is for office use; no auto-onented retail sales (e.g., dnve-ms, service
statlOns)
25. Schools and studios for educatlOn or self Improvement.
26 Shelters.
27. StudIOS - art, photography, mUSiC, VOIce and dance.
28. Telephone exchanges.
29. Other uses not specifically lIsted m this title, which the Director determines to be.
a. similar in nature to and compatible with other uses permitted outright within this district;
and
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 10. Ordinance 1865 817, Ordinance 1816 81, and Ordinance 1758 81
(part), as codified at Section 18.16.050 of the Tukwila Municipal Code, (Mixed-
Use Office) Unclassified Uses, is hereby amended to read as follows:
18.16.050 Unclassified Uses
The following uses may be allowed within the Mixed-Use Office district, subject to the
requirements, procedures and conditions establIshed by TMC Chapter 18.66, Unclassified Use
Permits:
1. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are sigmficant environmental actIOns.
2. Con\'crslens of rent a.] multi [:Jl111 I)' structures to COndOI1l111JUms or owner OCCUPIe-tI-tH-tt-t-t-t--fu-t-Ht-l-y
fl-BUSl11g, but cxcluclll1;; the constructIon of new condommlum or owner occuplcclmuln fum--tJ--y
hOlism;;.
2.; Neighborhood stormwater detention and treatment facIlities.
14. Stormwater pump stations.
1:3-. Water utihty reservoirs and related facilIties.
Qe. Sewage lift stations.
Q+ Water pump statlOns.
1& Mass transit facilIties.
~9-. Other uses not specifically hsted 111 this Title which the Director determines to be'
a. Similar 111 nature to other uses allowed through the unclassified use permit;
b. Consistent with the stated purpose of the distnct;
c. Consistent With the pohcies of the Tukwila ComprehensiVe Plan.
Section 11. Ordinance 1986 86, Ordinance 1976 831, Ordinance 1971 88,
Ordinance 1830 88, Ordinance 1814 82 (part), and Ordinance 1758 81 (part), as
codified at Section 18.18.020 of the Tukwila Municipal Code, (Office) Permitted
Uses, is hereby amended to read as follows:
18.18.020 Permitted Uses
The followlllg uses are permitted outnght within the Office distnct, subject to compliance with all
other applIcable requirements of the TukWlla MuniCipal Code
1 Beauty or barber shops.
2. BIcycle repair shops
3. Brew pubs.
4. Computer software development and sImilar uses.
5 CommercIal parkIng, provIded It IS:
a. located wIthIn a structure havIng substantIal ground floor retail or commercIal activitIes
and designed such that the pedestnan and commercial environments are not negatIvely
impacted by the parkIng use, or
b located at least 175 feet from adjacent arterial streets and behInd a bUIldIng that, combIned
with appropriate Type III landscapIng, provIdes effective visual screening from adjacent
streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Day care centers.
8. DwellIng - One detached sIngle-family dwellIng per eXIstIng lot.
9. FinancIal, bankIng, mortgage, other servIces.
10. Fraternal organizatIOns.
11 Laundries:
a. self servIce
b dry-cleaning
c. tailor, dyeing
12. Libranes, museums or art galleries (public).
13. MedIcal and dental laboratories.
14 Offices, IncludIng:
a. medical
b dental
c. government; excludIng fire and police stations
d. professional
e. administratIve
f. business, such as travel, real estate
g. commercIal
15. Outpatient, inpatient, and emergency medical and dental commercial servIces.
16. Parks, trails, picnic areas and playgrounds (public) but not IncludIng amusement parks, golf
courses, or commercIal recreation.
17. Recreation facilities (commercIal - indoor), athletic or health clubs.
18. Restaurants, including cocktail lounges In conjunctIOn with a restaurant.
19. Retail sales, as part of a planned mixed-use development where at least 50% of gross leasable
floor area development is for office use; no auto-orIented retail sales (e.g., drive-Ins, servIce
stations).
20. Schools and StudIOS for educatIOn or selfimprovement.
21. Shelters.
22. Studios - art, photography, music, voice and dance.
23. Telephone exchanges.
24. Other uses not specifically listed In this tItle, which the DIrector determInes to be'
a. similar in nature to and compatible wIth other uses permItted outright wIthin this district;
and
b consistent with the stated purpose of thIS dIstrict; and
c. consistent with the polIcIes ofthe Tukwila Comprehensive Plan.
Section 12. Ordinance 1986 86, Ordinance 1976 831, Ordinance 1971 88,
Ordinance 1830 g8, Ordinance 1814 g2 (part), and Ordinance 1758 gl (part), as
Section 18.20.020 of the TukwIla lvIulliClpal Code, (Residential Commercial
Center) Permitted Uses, is hereby amended to read as follo-ws'
18.20.020 Permitted Uses
The followmg uses are penmtted outnght wIthm the ResidentIal CommercIal Center dlstnct,
subject to complIance wIth all other applicable reqUirements of the Tukwila MUDlclpal Code
I. Animal veterInary, mcludmg assocIated temporary mdoor boardmg; access to an artenal
reqUired.
2. Beauty or barber shops.
3. BIcycle repaIr shops.
4 Computer software development and sImilar uses.
5. Day care centers.
6. Dwelling - One detached single-family dwelling per eXIstIng lot.
7. DwellIng - Multi-family units above office and retail uses.
8. FIX-it, radio or television repair shops! rental shops.
9. Greenhouses or nurseries (commercIal).
10. Laundnes'
a. self servIce;
b. dry cleamng;
c. tailor, dyemg.
11. Offices, when such offices occupy no more than the first two stones of the building or
basement and floor above, including:
a. medical;
b. dental;
c. government; excluding fire and polIce statIOns;
d. professional;
e. administrative;
f. busmess, such as travel, real estate,
g. commercIal.
12. Parks, trails, picmc areas and playgrounds (public) but not includmg amusement parks, golf
courses, or commercial recreation.
13. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics, photo equipment and film processIng, books,
magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gIfts, recreation equipment
and sportmg goods, and similar Items.
14. Schools and studios for education or selfimprovement.
15. StudIOS - art, photography, music, VOIce and dance.
16. Other uses not specifically lIsted in this tItle, whIch the DIrector detennines to be:
a. similar in nature to and compatible with other uses pennltted outrIght wlthm thIS dIStrIct;
and
b. consistent with the stated purpose of this dIstrict; and
c. consIstent with the policies of the Tukwila ComprehensIve Plan.
Section 13. Ordinance 1976 840, Ordinance 1954 Sl, Ordinance 1830 Sll,
Ordinance 1814 82 (part), and Ordinance 1758 81 (part), as codified at Section
18.22.020 of the Tukwila MunicIpal Code, (Neighborhood Commercial Center)
Permitted Uses, is hereby amended to read as follows:
18.22.020 Permitted Uses
The followmg uses are permItted outnght wIthm the NeIghborhood CommercIal Center dIstnct,
subject to complIance wIth all other applIcable reqUIrements ofthe TukwIla Mumcipal Code
1 Ammal vetermary, mcludmg assocIated temporary mdoor boardmg; access to an artenal
reqUIred.
2. AutomotIve servIces:
a. gas, outsIde pumps allowed,
b. washing;
c. body and engme repair shops (enclosed wIthin a buildmg).
3. Beauty or barber shops.
4. Bicycle repair shops.
5 Brew pubs.
6. Bus stations.
7. Busmesses that mclude a retail component m conjunction with theIr manufactunng operatIOn
and meeting this chapter's other performance standards. These busmesses may manufacture,
process, assemble and/or package the following:
a. foods, mcludmg but not lImIted to baked goods, beverages, candy, canned or preserved
foods, dairy products and byproducts, rrozen foods, mstant foods, and meats (no
slaughtering),
b pharmaceuticals and related products such as cosmetIcs and drugs;
c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, mk, paints, paper,
plastIcs,
rubber, tile and wood,
d. electromc, mechamcal, or precisIOn mstruments,
e. other manufacturing and assembly of a similar lIght industnal character;
f. industnes involved with etching, lithography, printmg, and publIshing, meetmg the
City's performance standards and offering their servIces to the local populace on a walk-m
basis;
g. businesses that service and repair the above products, that are entIrely enclosed within a
buildmg, offering theIr services to the local populace on a walk-m basIs and meetmg the
CIty'S performance standards.
8. Cabinet shops or carpenter shops employing less than five people.
9. Computer software development and sImilar uses.
10. Convalescent and nursmg homes for not more than 12 patients.
11. Day care centers.
12. Dwelling - One detached smgle-family dwelling per eXIstmg lot.
13. Dwelling - MultI-family units above office, and retail uses.
14 Fmancial:
a. banlang;
b. mortgage;
c. other services.
15. FIx-it, radIo or televIsion repair shops/ rental shops.
16. Fraternal organizatIOns.
17. Frozen food lockers for indIvidual or family use.
18 Greenhouses or nurseries (commercial).
19. Laundries:
a. self-serve,
b. dry cleanmg;
c. tailor, dyemg.
20. Libraries, museums or art galleries (public)
21 Offices, when such offices occupy no more than the first two stones of the bUlldmg or
basement and floor above, or three stones m the Urban Redevelopment Area along Tukwila
InternatIOnal Boulevard, mcludmg'
a. medIcal,
b dental,
c government; excludmg fire and polIce statIOns,
d. professIOnal,
e. admmistrative;
f. busmess, such as travel, real estate;
g. commerciaL
22. Outpatient, inpatient, and emergency medIcal and dental.
23 Parks, trails, pICnic areas and playgrounds publIc) but not including amusement parks, golf
courses, or commercial recreatIOn.
24. Plumbmg shops (no tm work or outside storage).
25. RecreatIOn facilities (commercial - mdoor), athletIc or health clubs.
26. Restaurants, including cocktail lounges in conjunctIon wIth a restaurant.
27 Retail sales of furnIture, applIances, automobile parts and accessories, lIquor, lumberlbuilding
matenals, lawn and garden supplies, fann supplIes.
28. Retail sales of health and beauty aids, prescnptIOn drugs, food, hardware, notIOns, crafts and
craft supplies, housewares, consumer electronics, photo eqUlpment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gIftS, recreatIOn equipment
and sporting goods, and similar items.
29 Schools and studIOS for educatIOn or selfimprovement.
30. Studios - art, photography, music, voice and dance
31. Telephone exchanges.
32. Theaters, excluding "adult entertainment establishments", as defined by thIS Code.
33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousmg.
34. Other uses not specIfically lIsted in this tItle, whIch the DIrector detennines to be'
a. sImilar in nature to and compatible wIth other uses pennItted outrIght wIthm this distnct;
and
b. consIstent WIth the stated purpose of this district; and
c. consistent wIth the policies of the Tukwila Comprehensive Plan.
Section 14. Ordinance 1991 83, Ordinance 1976 848, Ordinance 1865 833,
Ordinance 1816 91, and Ordinance 1758 81 (part), as codified at Section 18.26.050
of the Tukwila Municipal Code, (Regional Commercial Mixed-Use) Unclassified
Uses, is hereby amended to read as follows:
18.26.050 Unclassified Uses
The following uses may be allowed wIthin the RegIonal Commercial Mixed Use dIstnct, subject
to the requirements, procedures and conditions established by TMC Chapter 18.66
1--~ftI-1-\'-t'-f-S-1-HI-1-5-8+- re: n t J 1 ;11 ~l! t ; i ~tP.-l-H-y-<;-lTth;'-ffi~8:-+8BRl ]-n--;-HBb--0f-BV.c-He-F----Ht-t--t!p-h:'~~t+i__8~
hl+tIY.-H-g-:- L~t!-!----c:~lH:l-l R; l;~€,----";~I;l:": tf-ttd-!-8F\----t~E CI~C: 8.H-!--H--J l+i--H----t'f---\-~~q--"\_I e-tl--+HH-i--t-I-foxH1+fY-
+Wb5tB-e:-
l~ Essential public facilIties, except those uses listed separately in any of the dIstncts establIshed
by this title.
2.-:. HydroelectrIc and pnvate utIlIty power generatmg plants.
J-J-. Landfills and excavations which the responsible officIal, actmg pursuant to the State
Environmental PolIcy Act, detennmes are sIgmficant envIronmental actions.
1:'"-. Mass transit facilIties.
Section 15. Ordinance 2084 82, Ordmance 1865 834, Ordmance 1830 821
and Ordinance 1758 81 (part), as codified at Section 18.28.040 of the Tukwila
Municipal Code, (Tukwila Urban Center) Condihonal Uses, IS hereby amended
to read as follows:
18.28.040 Conditional Uses
The followmg uses may be allowed wlthm the Tukwila Urban Center dlstrict, subject to the
reqUlrements, procedures, and condltions estabhshed by the Condlhonal Use Permlts chapter of
thlS htle.
I. Amusement parks.
2. Bed-and-Breakfast lodgmg; must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4 Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursmg homes for more than 12 patients.
7. Dwellmg - Multl-family units (max. 22.0 units/acre except semor cltizen housmg which IS
allowed to 100 umts/acre, as a mixed-use development development that IS non-industrial in
nature); must be located on property adjacent to and not greater than 500 feet from the Green
River, Tukwila Pond, or Minkler Pond.
8. Indoor ammal shelters and kennels, subiect to all addItional State and local regUlatIOns (less
than 4 cats or dogs does not need a permit).
2&. TransIt-oriented development housmg (whIch is allowed to 65 umts/acre as a mixed-use
development that is non-industrial in nature); must be located on property adjacent to and not
greater than one-quarter mile from the Sounder Commuter Rail/Amtrak Station property
lQ9. Drive-in theaters.
11 +G. Electncal substatIOns - dIstribution.
12.+. Fire and police stations.
U~. Hospitals, sanitanums, or sImilar institutions.
11;. Manufacturing, processmg and/or assemblmg previously prepared metals mcludmg, but not
limited to, stamping, dyemg, shearing or punchmg of metal, engravmg, galvanizmg and hand-
forging.
1~4. Park and nde lots.
IQ-?--. Radios, televlsion, microwave, cellular or observahon stations and towers.
116. Recreation facilities (pubhc) including, but not hmited to, sports fields, commumty centers,
and golf courses.
l~+. Schools, preschool, elementary, junior or hlgh schools, and eqUlvalent private schools.
Section 16. Ordinance 1991 84, Ordinance 1976 851, Ordinance 1865 835,
Ordinance 1816 81, and Ordinance 1758 81 (part), as codified at Section 18.28.050
of the Tukwila MunicIpal Code, (Tukwila Urban Center) Unclassified Uses, is
hereby amended to read as follows:
18.28.050 Unclassified Uses
The following uses may be allowed wlthm the Tukwila Urban Center dlstnct, subject to the
reqUIrements, procedures and condItIOns establIshed by TMC Chapter 18 66, UnclassIfied Use
PennIts.
1. AIrportS, landmg fields and helIports (except emergency sItes)
:::-6-t~;-1--'-8r'::-!i-"LR::;f-;-C-:-;..:;:hJ--F1-1-t-dH-~~~I-}j-H~.=~; ~:~'r-~~~i.~-,-tt+-':?-~)-E ~~ ',1;~ ~~~-
- "
~;r: t h--;-: 7'_ f-t l,_ t:-~~-:;:' i...... ...J---;-;-~H ~ r-:-i-: ~;~.-
i-i;:'~r.~-!i-~;;._ ~;!:~~ :,,;Y2-~:-~-;:l=--n~-t+-;2 ~B~-T~i-"L~~t-f
.' ,
~ ~-d F-n:c-"''.--'..::d~-' (~ --
~Li f1--\'-r--;+'-;~>-~;1:. ---{ 'i:-:. S=-~l:-;\ :-;.:~.J-l-1~ _:-ft-i-f-Bj--;-1-:t-\-
, -
ht}-:+-~frH~L
Z';. EssentIal publIc facilItIes, except those uses lIsted separately m any of the dIstncts establIshed
by this tItle.
]4. Hydroelectric and pnvate utilIty power generatmg plants.
.1.?-. Landfills and excavatIOns which the responsible officIal, actmg pursuant to the State
EnvIronmental Policy Act, detennines are sIgnificant environmental actIOns.
~6. Mass transIt facilIties.
Section 17. Ordinance 2021 S10, Ordinance 1986 s15, Ordinance 1974 Sll,
Ordinance 1971 S17, Ordinance 1830 s25, Ordinance 1814 S2, Ordinance 1774 S5,
and Ordinance 1758 Sl (part), as codified at Section 18.40.020 of the Tukwila
Municipal Code, (Tukwila Valley South) Permitted Uses, is hereby amended to
read as follows:
18.40.020 Permitted Uses
The following uses are penmtted outnght wIthm the Tukwila Valley South district, subject to
compliance wIth all other applicable reqUIrements of the Tukwila MUnIcipal Code.
1. Adult entertamment establIshments are pennItted, subject to the followmg locatIOn restrictions:
a. No adult entertainment establIshment shall be allowed wIthm the following dIstances from
the following specified uses, areas or zones, whether such uses, areas or zones are located
withm or outside the City lImits:
(1) In or wIthm 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone distncts or any other resIdentially zoned property;
(2) In or withm 1/2 mile of:
(a) Public or private school wIth cunicula equivalent to elementary, JUnIor or senIor
high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail, or publIc recreatIOnal facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b the distances specified in TMC 18.40.020 La. shall be measured by followmg a straIght
line from the nearest point of the property parcel upon whIch the proposed use IS to be
located, to the nearest point of the parcel of property or land use dIstrict boundary line from
which the proposed land use is to be separated.
c. No adult entertainment establIshment shall be allowed to locate withm 1,000 feet of an
existing adult entertainment establishment. The dIstance specIfied m this section shall be
measured by followmg a straight lme between the nearest pomts of publIc entry mto each
establishment.
2. Animal veterinary, includmg associated temporary indoor boarding; access to an artenal
reqUIred.
3 Automobile, recreational vehicles or travel trailer sales rooms and travel traIler or used car
sales lots. No dIsmantling of cars or travel traIlers or sale of used parts allowed.
4. Automotive services:
a. gas, outside pumps allowed;
b. washmg;
c. body and engme repaIr shops (enclosed wIthm a bmldmg)
5 Beauty or barber shops
6 BIcycle repaIr shops.
7 BillIard or pool rooms.
8. Brew pubs.
9. Bus statlOns.
10. Cabmet shops or carpenters shops employing less than five people.
11 Commerciallaundnes.
12. Commercial parkmg subject to TMC Chapter 18.56, "Off-Street Parkmg and Loadmg
Regulations. "
13. Computer software development and similar uses.
14 Contractor's storage yards. '.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwellmg - One detached single-family unit per eXIstmg lot (includes factory built or modular
home that meets UBC).
19. Farming and farm-related activities.
20. Financial:
a. banking;
b. mortgage;
c. other servIces.
21 FIx-it, radio or televIsion repair shops/ rental shops.
22. Fraternal orgamzations.
23. Frozen food lockers for individual or family use.
24. Greenhouses or nurseries (commercial).
25. Heavy equipment repair and salvage.
26. Hotels.
27. Industries mvolved wIth etchmg, film processing, lIthography, printmg, and publIshing.
28. Internet data/telecommunication centers.
29. Laundries:
a. self-serve,
b dry cleaning;
c. tailor, dyemg.
30. Libraries, museums or art galleries (publIc).
31. Manufactunng, processing and/or packagmg of food, mcluding but not limited to, baked
goods, beverages (includmg fermentmg and distillmg), candy, canned or preserved foods, dairy
products and byproducts, frozen foods, instant foods and meats (provIded that no slaughtering IS
permitted).
32. Manufacturing, processmg and/or packaging pharmaceuticals and related products, such as
cosmetics and drugs.
33. Manufacturing, processmg, and/or packagmg prevIously prepared materials mcluding, but not
limIted to, bags, brooms, brushes, canvas, clay, clothing, fur, furnIture, glass, ink, pamt, paper,
plastics, rubber, tile, and wood.
34 Manufactunng, processmg, assemblmg, packagmg and/or repairing electromc, mechamcal or
precision mstruments such as medIcal and dental eqmpment, photographIc goods, measurement
and control devIces, and recording equipment.
35. Medical and dentallaboratones.
36. Mortician and funeral homes.
37 Motels.
38. Offices, mcludmg:
a. medical,
b dental,
c government; excludmg fire and police statiOns,
d. professiOnal;
e. admmistrative,
f. busmess, such as travel, real estate;
g. commercial.
39 Outpatient, mpatient, and emergency medical and dental.
40. Pawnbrokers.
41. Planned shoppmg center (mall).
42. Plumbmg shops (no tin work or outside storage).
43. Parks, trails, picnic areas and piaygrounds (public) but not mcluding amusement parks, golf
courses, or commercial recreation.
44. Railroad tracks, (includmg lead, spur, loadmg or storage).
45 Recreation facilities (commercial- indoor), athletic or health clubs.
46. Recreation facilities (commercIaI- mdoor), including bowling alleys, skating nnks, shootmg
ranges.
47. Rental of vehicles not requlflng a commercial driver's license (includmg automobiles, sport
utility vehicles, mini-vans, recreatiOnal vehicles, cargo vans and certam trucks).
48. Rental of commercial trucks and fleet rentals requmng a commercial dnver's license.
49. Restaurants, mcludmg:
a. dnve-through,
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
50. Retail sales of health and beauty aids, prescnptiOn drugs, food, hardware, notiOns, crafts and
craft supplies, housewares, consumer electronics, photo eqUIpment and film processing, books,
magazmes, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment
and sporting goods, and similar items.
51. Retail sales of furniture, appliances, automobile parts and accessones, liquor, lumberlbuildmg
matenals, lawn and garden supplies, fann supplies.
52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of
the Landscape, RecreatiOn, Recycling/Solid Waste Space ReqUIrements chapter of this title.
53. Salvage and wrecking operatiOns that are entirely enclosed wIthin a buildmg.
54. Schools and studiOs for education or selfimprovement.
55. Self-storage facilities.
56. Storage (outdoor) of materials allowed to be manufactured or handled wIthin facIlIties
confonnmg to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling/Solid Waste Space Requirements chapter of thIS title.
57. Studios - art, photography, music, voice and dance.
58. Taverns, nightclubs.
59. Telephone exchanges.
60. Theaters, excludmg "adult entertainment establishments", as defined by thIS Code.
61. Tow truck operations, subject to all addItiOnal State and local regulations.
62. Truck tennmals.
63. Warehouse storage and/or wholesale dIstributiOn facilities.
64. Other uses not specifically listed in this title, whIch the DIrector detennines to be
a. similar m nature to and compatible with other uses pennitted outnght wIthm this distnct;
b. consistent wIth the stated purpose of thIS district; and
c. consIstent With the policIes ofthe Tukwila Comprehensive Plan.
Section 18. Ordinance 1770 929 and Ordmance 1758 91 (part), as codified at
Section 18.46.110 of the Tuhvila NIunicipal Code is hereby amended to read as
follows'
18.46.110 Application Procedure Required for PRD Approval
A. Filmg of ApplicatlOn. ApplIcation for approval of the PRD shall be made on fonns prescribed
by the DCD and shall be accompanied by a filmg fee as reqUIred m the ApphcatlOn Fees chapter
of thIS title and by the followmg:
1 Justification for the density mcreases, or lot SIze and setback reductlOns, If requested by
the applicant;
2. Program for development mcluding stagmg or timmg of development;
3 Proposed ownership pattemupon completlOn of the project;
4. Basic content of any restrIctive covenants,
5 Provisions to assure pennanence and mamtenance of common open space through a
homeowners' aSSOCIatIOn, or sImilar association, condominium development or other means
acceptable to the CIty;
6. An applIcation for rezone may be submitted with the PRD application If rezoning IS
necessary for proposed densIty. Fees for rezone request shall be in addItIon to those of the
PRD apphcatIOn;
7. An applIcation for preliminary plat may be submItted wIth the PRD applIcatIOn, If
necessary. Fees for the subdivIsion shall be in addItion to those of the PRD applicatIOn,
8. Graphic Images of development in any sensitIve area or buffer, including photomonta&e or
computer-generated perspectIves in a standardIzed fonnat required by the DIrector;
9. Every reasonable effort shall be made to preserve eXIstmg trees and vegetation and
integrate them mto the subdivlSlon's design by preparing a tree mventory of the sigmficant
vegetatlOn on-site as part of the preliminary plat applIcatlOn. A tree and vegetatlOn
retentIOn/removal plan shall be part of any prelImmary plat applicatlOn. Such tree and
vegetation retention/removal plan shall assure the preservatIon of sIgmficant trees and
vegetation.
B. City Council Public Hearing.
1. PRD's related to a subdivision or design review pennit shall be processed as Type 5
decisions, pursuant to TMC 18.108.050. PRD's related to short plats, boundary Ime
adiustments or bindmg: site Improvement plans shall be processed as Type 2 decIsions,
pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations ofthe underlying zoning distnct. The
PRD shall constitute a limitation on the use and design of the site unless modIfied by
ordinance.
Section 19. Ordinance 1758 91 (part), as codified at Section 18.46.120 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of constructlOn for the proposed planned
resIdentIal development:
1. Time Limitation. A complete applIcation for the mItIal bUIldmg permIt shall lYe filed by the
applicant within twelve months of the date on WhICh the CIty Council approved the PRD An
extensIOn oftime for submIttmg an applicatlOn may be requested m writmg by the apphcant, and
an extension not exceedmg six months may be granted by the DIrector. If applIcatlOn for the
InItial buildmg permIt is not made wIthm twelve months or wIthm the tIme for WhICh an
extenslOn has been granted, the plan shall be consIdered abandoned, and the development of the
property shall be subject to the reqmrements and lImltatlOns of the underlymg zone and the
subdIvIsion code.
2. Application. ApplIcatIon for buildmg permIt shall be made on forms prescnbed by the DCD
and shall be accompanied by a fee as prescribed by the buildmg code.
3. Documentation Required All schematic plans eIther presented or reqmred m the approved
PRD plans shall be included in the bmldmg permIt applIcatIon presented m finalized, detailed
form. These plans shall mclude but are not limIted to landscape, utIhty, open space, clrculatlOn,
and site or subdIvIsion plans. Final plats and publIc dedicatlOn documents must be approved by
the City Council before the issuance of any building permIts.
4. Sureties Required for Staging. If the PRD IS to be developed m stages, suretIes or other secunty
device as shall be approved by the CIty Attorney shall be reqmred for the complete PRD The
various stages or parts ofthe PRD shall provide the same proportion of open space and the same
overall dwelling unit density as provided m the final plan.
5. DCD Action The DCD shall determine whether the project plans submItted with the buildmg
permit are m complIance with and carry out the objectIves of the approved PRD. Follo"vmg
approval of the DCD, the City Clerk shall file a copy of the approved PRD plan v,'Ith the officIal
records of the City and the originals shall be recorded \vlth the Kmg County Department of
Records and ElectlOns. ,^-..fter all appro':als, the officIal zoning map (Figure! 8 ! 0) shall be
amended to reflect the PRD by adding the suffix "PRD" to the designation of the underlymg
~
Section 20. Ordinance 17701331 and Ordinance 1758 131 (part), as codified at
Section 18.46.140 of the Tukwila Municipal Code is hereby amended to read as
follows:
18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begm wlthm SIX twelve months from the date of
the issuance of the bmldmg/development permIt.. filing of tho final PRD plan by the CIty Clerk
as provided m the Pla-nned ResIdentIal Dcyelopment DIstnct chapter of thIS title. An extension of
tIme for beginning construction may be requested in writmg by the applicant, and such extenslOn
not exceedmg six months may be granted by the Department upon showmg of good cause. If
construction does not occur withm 12& months from the date of permIt issuance or if thIS permIt
expires the plan shall be considered abandoned. and the development ofthe property shall be
sub1ect to the requirements and limitations of the underlying zone and the subdIvIsion code-fll-mg
ofPRD plans by the City Clerk, the PRD zoning suffix shall be dropped from the officIal zoning
map (Figure! 8 ! 0) and the zoning shall reyert to the underlymg desIgnatlOn.
Section 21. Ordinance 1819 131 (part), as codified at Section 18.70.030 of the
Tukwila Municipal Code is hereby completely replaced with the following
language:
18.70.030 Preexisting Legal Lots of Record
Any lot not meetmg current mimmum dc':elopment standards m its zone may contmue to have
uses that are permitted in Its zone, if
1. The lot size was legally establIshed before the effectIve date of mcorporatlOn of the City of
Tukwila, or,
2. The lot was a legal lot when annoxed by the CIty ofTukwila, or,
3. Thc lot was lcgally cstablIshed pnor to the cffectn'c date of any CIty ofTukwila ordmancc that
caused the lot to become nonconformmg.
** New Section **
18.70.030 Substandard Lots
1. A Lot, as defined m TMC 18 06.500, whIch does not meet the mmlmum
dImensional standards for the zone m WhICh It IS located may still be developed
as a separate lot if the proposed use is one which is permitted m the zone and the
proposed development can comply with the requirements of this title regardmg
basIc development standards for the applIcable zone and other applIcable land
use and environmental reqUIrements.
2. A lot, as defined in TMC i8.06 500, WhICh cannot meet the basic development standards
for the applIcable zone and other applIcable land use and envIronmental
requirements may be developed only If it IS combmed wIth adjacent lot(s) in a
manner whIch allows the combmed lots to be developed in a manner whIch does
comply with the basic development standards for the applIcable zone and other
applIcable land use and environmental reqUIrements. In the event lots are
combmed in order to comply with the reqUIrements of thIS subsectIOn, a
boundary lme adjustment shall occur so that the combined lots are henceforth
considered a smgle lot.
3. Nothing in this subsection shall be deemed to prevent the owner of a substandard
lot from applying for or receiving approval ofvanances pursuant to TMC Chi
18.72.
Section 22. Ordinance 2066 82, Ordinance 2005 820, Ordmance 1857 87,
Ordinance 1847 82, Ordinance 1796 83, Ordinance 1768 82(part), as codified at
Section 18.104.010 of the Tukwila Municipal Code is hereby amended to read as
follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this sectIOn. Procedures for the five dIfferent types
are distinguished according to who makes the decIsion, whether publIc notice IS reqUIred, whether
a public meetmg and/or a public heanng IS reqUIred before a declSlon IS made, and whether
administrative appeals are provided.
B. Type 1 decisIOns are made by CIty administrators who have technical expertIse as desIgnated
by ordinance. Type 1 decisions may be appealed to the Heanng Exammer who wIll hold a closed
record appeal heanng based on the mformation presented to the CIty admmistrator who made the
decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions.
TYPE OF PERMIT
TYPE I DECISIONS
DECISION MAKER
Sign Permit, except for those sIgn
permIts specIfically requITIng approval of
the Planning CommISSIOn or demals of
si an enmts which are a ealable
Buildin Official
Public '.V orks DIrector
Community
Development
DIrector
Boundary Lme Adjustment, CommunIty
mcludmg Lot ConsolIdation (TMC Development
17.08) DIrector
Land fJteratIOn I PublIc \'1 arks DIrector
Minor ModIficatIOn to PRD CommunIty Development DIrector
(TMC 18.46 130)
Minor modificatIOn to BAR approved Commumty Development DIrector
design (TMC 18.60030)
Any land use penlllt or approval Issued As specified by Ordmance
by the CIty, unless specifically
categonzed as a Type 2,3,4, or 5
decisIOn by thIs Chapter
C. Type 2 decisions are decisions which are imtially made by the Director or, m certam cases,
other City admimstrators or cOlllIlllttees, but which are subject to an open record appeal to the
Hearing Examiner, Planlllng CommissIOn, City Council, or, in the case of shoreline pennits, an
appeal to the State ShorelInes Heanngs Board pursuant to RCW 90.58
TYPE OF PERMIT INITIAL DECISION APPEAL BODY
MAKER (open record appeal)
Administratlve Design Commumty Board of
RevIew (TMC 18 60.030) Development Architectural
DIrector Review
Administrative Planned Short Plat CommIttee Hearing Exammer
Residentlal Development
(TMC 18.46 17.08.010)
Short Plat Short Plat Hearing
(TMC 17.~12) Committee Examiner
Binding Site Improvement Short Plat Hearing
Plan CommIttee Examiner
(TMC Chap.17.16)
Shoreline Substantial Community State ShorelIne
Development Development Heanngs Board
PennIt (TMC DIrector
Chapter 18.44)
Decision regarding Community Planmng
SensitIve Areas Development CommIssIOn
(except Reasonable Use Director
Exception) (TMC
18.45 -rn)
Special Pennission Parking, Community CIty Council
and Shared, Covenant or Development
Complimentary DIrector
ModIfications to Certam
Parking Standards (TMC
18.56.065g and .070)
Parking standard for use not CommunIty City CouncIl
TYPE 2 DECISIONS
SpecIfied (TMC 18.56 100) Development
DIrector
Code InterpretatIOn Commumty Heanng
(TMC 18.90010) Development Exammer
DIrector
SpecIal PenmsslOn SIgn, Commumty Planning
except "umque sIgn" Development CommIssIOn
(various sectIons ofTMC DIrector
TItle 19)
SIgn Penmt Denial Commumty Planmng
(TMC Chapter 19.12.020) Development CommIssIOn
DIrector
SIgn Area Increase Commumty Planmng
(TMC 19.32.140) Development CommIssIOn
Director
D. Type 3 decIsions are quasI-JudIcial decisions
made by the Hearing Exammer following an open
record heanng. Type 3 decIsions may be appealed only
to Superior Court, except for shoreline variances that
may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90 58
TYPE OF PERMIT DECISION MAKER
Variance (zoning, shorelme, Hearing Exammer
sidewalk, land alteration, sIgn)
Resolve uncertain zone Hearmg Examiner
district boundary
TYPE 3 DECISIONS
E. Type 4 decisions are quasI-Judicial decisions made by the Board of ArchItectural Review or
the Planning CommIssion, following an open record heanng. Type 4 decIsIOns may be appealed
to the CIty Council, whIch will hold a closed record appeal
hearing based on the record establIshed by the Board of Architectural ReVIew or Planmng
Commission, except Shoreline ConditIOnal Use Permits, whIch are appealable to the State
Shoreline Hearings Board pursuant to RCW 90.58.
TYPE OF PERiVIIT INITIAL DECISION APPEAL BODY
MAKER (closed record appeal)
Shorelme CondItional Planning State Shorelines
Use PermIt CommissIOn Heanngs Board
(TMC 18.44.050)
Reasonable Use Exceptions Planning City Council
under Sensitive Areas CommIssion
Ordmance
(TMC 18.45.180~)
PublIc Heanng Design Board of CIty Council
ReVIew (TMC Chapter ArchItectural
1860, 18.56.040 and Review
TYPE 4 DECISIONS
ShorelIne Master Program)
ModIficatIOns to CertaIn Plannmg City CouncIl
Vanance from ParkIng CommIssIOn
Standards Over 10% (TMC
Chapter 18 56 140)
ModificatIOn or WaIver to PlannIng CIty Council
Loadmg Zone or Bicycle CommissIOn
Parking ReqUIrements
(TMC 18.56.060 or 130)
Conditional Use Pennit Plannmg CIty Council
(TMC Chapter 18 64) CommIssIOn
Unique SIgns Planmng City CouncIl
(TMC 19.28.010) COnllnisslOn
F. Type 5 decIsions are quasi-judIcIal decisions made by the CIty Council followmg an open
record hearing. Type 5 decisions may be appealed only to Supenor Court.
TYPE OF PERMIT DECISION MAKER
SubdIvision - Preliminary Plat CIty Council
(TMC 17 lLQ.020)
SubdIvision - FInal Plat CIty Council
(TMC 17.1LQ.030)
Planned Residential Development CIty Council
(PRD), including Major Modifications
(TMC Chapter 18 46)
Unclassified Use City CouncIl
(TMC Chapter 18.66)
Rezone (TMC Chapter 18 84) CIty Council
SensItive Area Master Plan Overlay CIty Council
(TMC 18.45.160)
Shoreline Environment RedesIgnation CIty Council
I (Shorelme Master Program)
TYPE 5 DECISIONS
Section 23. Ordinance 1768 s2(part), as codIfied at Section 18.104.130 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.104.130 Time Periods for Permit Issuance
A. Final decIsions by the City on all pennIts shall be issued within 120 days from the date the
applicant is notified by the Department that the application IS complete. The followmg periods
shall be excluded from this 120-day penod:
1. Any period oftIme during whIch the applicant has been requested by any CIty department,
agency or heanng body with jUrIsdIction over some aspect of the applIcation to correct plans,
perfonn required studIes, or provIde additIOnal mfonnation.
The period shall be calculated from the date the applicant IS notified of the need for
addItional infonnatIon until the earlier of (a) the date the department, agency or hearing body
detennInes whether the additIOnal infonnatlOn satisfies the request, or (b) 14 days after the
date the mfonnatIOn has been provIded to the department, agency or hearing body If the
department, agency or hearmg body detennmes that the actIOn by the applIcant IS
msufficlent, It shall notIfy the applIcant of the deficIencies and the procedures of thIs sectlOn
shall apply as If a new request for mformatlOn had been made
Ifthe applIcant fails to provide a requested correctIOn or addltlOnal mforrnatlOn wlthm 90
days ofthe request the Department may cancel the applIcatIOn due to mactlvltV.
2. The penod of tIme dunng whIch an envIronmental Impact statement IS bemg prepared
followmg a determmatlOn ofsigmficance pursuant to RCW 43.21C
3 A penod of no more than 90 days for an open record appeal heanng on a Type 2 land use
decisIOn, and no more than 60 days for a closed record appeal on a Type 4 land use decIsIon
appealable to the CIty Council.
4. Any additional time period for admmistrative review agreed upon by the Department
and the applicant.
5. Any addItional time penod agreed upon by the Department, the applicant and any parties
to an appeal.
6. Any penod of tIme dunng which an applicant fails to post the property, If permit
processing IS suspended by the Department pursuant to TIvIC 18.104.110.
B. The tIme lImits establIshed m this section shall not apply if a project permIt applIcatlOn
reqUIres an amendment to the comprehensive plan or a development regulatIon.
C. The time limitations established in this sectIOn shaH not apply to street vacatIOns or other
approvals related to the use of public areas or facilities Issued pursuant to TMC Title II.
D If a final decision cannot be issued within the time lImits established by thIs section, the
Department shall provide written notIce of this fact to the project applicant. The notice shall
include a statement of reasons why the tIme limits have not been met and an estImated date for
Issuance of the notIce of final decision.
Section 24. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation
should be held to be invalid or unconstitutional for any reason by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its
application to any other person or situation.
Section 25. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full
force and effect five (5) days after passage and publication as provided by law.
CITY COUNCIL OF THE CITY
Regular Meeting thereof this
,2005.
OF TUKWILA,
day of
PASSED BY THE
WASHINGTON, at a
-
Steven 111. Mullet Mayor
ATTEST / AUTHENTICATED:
Jane E. Cantu, CMC City Clerk