HomeMy WebLinkAboutPermit L09-028 - CITY OF TUKWILA - 2009 HOUSEKEEPING CODE AMENDMENTSHOUSEKEEPING CODE CHANGES
CODE AMENDMENTS
COMPREHENSIVE PLAN AMENDMENTS
COMPREHENSIVE LAND USE PLAN AMENDMENTS
L09 -028
FILE NUMBERS:
REQUEST:
PUBLIC HEARING
LOCATION:
STAFF:
ATTACHMENTS:
City of Tukwila
Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared June 16, 2009
Amended August 20, 2009
(Revisions and comments are in the underline format)
L09 -028 Zoning Code Amendments Comprehensive Plan Amendment Comprehensive Land Use Plan Amendment
E09 -007 SEPA Checklist
Work session to discuss the proposed housekeeping code changes. Based on direction
from Planning Commission staff will prepare an ordinance and schedule the public
hearing on the proposed code amendments in July. Planning Commission's final
recommendations will then be forwarded to the City Council for review and adoption.
August 27, 2009. Notice of public hearing was published in the Seattle Times on August
13, 2009.
BACKGROUND
City wide
Minnie Dhaliwal, Planning Supervisor
A. Memo to Community Affairs and Parks Committee to include additional
housekeeping code amendments.
B.Samples of postcard notifications.
C. Relationship of the lot area to building footprint.
D. Draft Ordinance
Staff has grouped amendments to the Zoning and Subdivision Codes together for your consideration. The topics
range from minor housekeeping or clarification to policy decisions about allowed uses and development
standards. Staff presented these issues to the Community Affairs and Parks (CAP) Committee on May 11, 2009.
The Committee discussed each item and chose to forward them to the Planning Commission for a hearing and
recommendation. Each proposed change is discussed below.
Planning Commission was briefed on the proposed changes on June 25, 2009. There were a couple of additional
amendments that have been included in this report. The Community Affairs and Parks Committee was briefed
on these additional amendments on Julv 27. 2009 (See Attachment A).
MD Page 1 of 8 08/20/2009
H: \Old Q Drive\Misc code amendments\2009 Housekeeping Code changes- PC2.DOC
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Far: 206 -431 -3665
DISCUSSION OF PROPOSED CHANGES
1. Churches are listed as Conditional Uses in a number of zones. It has come to the City's attention that there
may be about thirty small churches that are located in multi -tenant commercial buildings without a Conditional
Use Permit approval.
First the Zoning Code needs to be amended to include a broader definition of a religious facility that would
include churches as well as synagogues, mosques etc. Staff recommends a broad definition for a `Religious
Facility' such as "A facility operated for worship, prayer, meditation or similar activity by an organization
granted tax exempt status by the Federal Internal Revenue Service ".
Further there are three policy options on what process to use to approve a religious facility in a non - residential
zone:
a) Religious facility where no more than 50 attendees regularly gather at one time could be permitted
outright subject to meeting all applicable building and fire codes; or
b) Religious facility where no more than 50 attendees regularly gather at one time could be approved
subject to obtaining a Special Permission approval from the Director. Approval criteria should
include an assessment of parking, noise and any other impacts.
c) Do not change the code and require a Conditional Use Permit for all religious facilities regardless of
the size or the number of attendees.
Staff recommends option a). Under this option a facility with more than 50 attendees would still require a
Conditional Use Permit. No changes are recommended in residential zones where a religious facility of any
size would still require a Conditional Use Permit.
Planning Commission agreed with staffs recommendations and these changes are reflected in the attached
ordinance. Per International Building Code the occupancy load of 50 people equates to 750 square feet of
floor area, therefore any religious facility with an assembly area of less than 750 square feet is listed as a
permitted use in all zoning districts and those with area larger than 750 square feet will continue to require a
Conditional Use Permit. Section 3 thru 19 of the ordinance address these changes.
2. Staff recommends the following updates to the landscaping chapter to add clarity and help streamline
permits:
MD
a) There are landscaping standards for commercial and multifamily zones, but there are no standards for
institutional uses in Low Density Residential (LDR) zone. Staff is recommending perimeter and
interior parking lot landscaping standards similar to Medium Density Residential (MDR) zone for
institutional uses in LDR zone. These would include perimeter landscaping standards of 15 feet in the
front and 10 feet in the side and rear yard setbacks. The interior parking lot landscaping for parking
areas with more than 20 stalls but less than 40 stalls would be 7 square feet per stall. For parking
areas with more than 40 stalls the required landscaping would be 12 square feet per stall.
b) Add specifications for plant materials and soil in the code. These would include that plants meet the
current American Standard for Nursery Stock, be healthy, free from damage and habituated to
outdoor environmental conditions. Also, no plants listed on the King County Noxious Weed list may
Page 2 of 8 08/20/2009
be used. Specification will also include that appropriate plant materials be selected taking into
account final plant size, overhead power lines, and shade or sun exposure. Also, new specifications
for site preparation such as requirement for incorporation of organic material into the soil to a depth
of 18 inches and mulching shall be included.
Planning Commission agreed with staffs recommendations and these amendments are included in
the attached draft ordinance. Section 21 of the draft ordinance addresses these changes.
3. Staff recommends the following updates to the Permit Application Types and Procedures section of TMC:
MD
a) The procedures related to Notice of Application and Notice of Hearing could be updated to eliminate
the 8 %z "' /z"x11" site plan requirement so that more mailings could be done with a postcard. This
would help the city save mailing costs, paper and administrative time. Also, references to First Class
mailing could be revised to add a provision that email notification and web site updates can substitute
for large mailings where the parties of record were informed about this form of notification and they
elected to receive information electronically.
Planning Commission requested samples of postcard mailings (See Attachment B) and preferred the
email notification to website updates. These changes are incorporated in Section 25 of the attached
ordinance.
b) TMC 18.104.060 lists requirements needed to determine if an application is complete. There are some
minor revisions needed to reflect the current practices such as instead of providing mailing labels the
applicant may choose to pay the City per the land use fee schedule to generate mailing labels. These
changes are included in Section 25 of the ordinance.
c) The appeal body for a number of closed record appeals of land use decisions is listed as City Council.
Since a closed record appeal is a legal evaluation and not a policy decision, it may be prudent to
change the appeal body to the Hearing Examiner. These include all the Type 4 decisions including
Design Review and Conditional Use Permits. Additionally, the City has received a letter from
Washington Cities Insurance Authority recommending all quasi-judicial decisions to be made by the
Hearing Examiner. We are in the process of reviewing the letter and upon further discussions with the
City Attorney will be coming back with recommendations regarding decision makers and appeal
bodies for different types of permits. Detailed discussion and the letter from Washington Cities
Insurance Authority is included in Attachment A. The proposed changes to decisions makers are also
reflected in Section 25 of the draft ordinance.
d) Preliminary approval for a subdivision (more than nine lots) is made by the Planning Commission
and the Final Subdivision approval is made by the City Council. Since the Final approval is made
after all of the infrastructure is in place, the review is limited to determining if all the conditions of
Preliminary Approval have been met. Having different decision makers for different stages of the
project could be problematic. Staff recommends both Preliminary and Final Subdivision approval to
be made by the City Council. Planning Commission wanted to review the Preliminary Subdivision
approval for those projects such as townhouse development that have an associated design review
application. These changes have been incorporated in Section 25 of the attached ordinance.
e) The thresholds for when design review is required in LDR, MDR and HDR zones need to be
clarified. It needs to be clearly stated that single family residences are exempt. The code states that all
multifamily is required to go through design review. However there are no thresholds for remodels or
renovations of multi - family developments. In commercial zones if the cost of any exterior work
Page 3 of 8 08/20/2009
equals or exceeds 10% of the building's assessed value then the project is subject to design review.
Staff recommends similar threshold for residential projects in MDR and HDR zones. Also, any
institutional uses in LDR zone should be subject to design review. These changes have been
incorporated in Section 3, 4 and 23 of the draft ordinance.
f) Add an expiration date to Binding Site Improvement Plans similar to Short Plat or Boundary Line
Adjustment applications. These changes have been incorporated in Section 1 of the draft ordinance.
g) Parking Determination for City Parks is to be made by the Planning Commission, however it is not
listed as Type of Permit and no appeal body is listed. Staff recommends listing it as a Type 4
decision, which includes a public hearing and notification to all property owners within 500 feet of
the property. Planning Commission suggested that there has not been a big role for Planning
Commission in the past decisions and that there are other hearing for parks. Planning Commission's
recommendation has been included in Section 22 of the attached draft ordinance.
4. Other miscellaneous code amendments:
MD
a) Paving requirements for parking are spread in three different areas of the code- Parking Chapter of the
Zoning Code, TMC 8.25 Vehicle Storage and Parking and the Infrastructure and Design Manual that
is administered by Public Works. All three areas need to cross reference and be consistent. Also,
regulations for parking in the rear setback of a single family home need to make an exception for
situations where the parking is connected to a rear alley. Staff recommends parking areas in all zones
except single - family areas to be paved.. Parking in the rear where it is connected to a rear alley has
been incorporated in Section 26 of the draft ordinance. TMC 18.56.040 requires the surface of off -
street parking to be paved with asphalt, concrete or similar approved material, therefore no other
change is proposed.
b) Utility extensions and private road access requirements for Boundary Line Adjustments need to be
similar to those of a Short Plat when BLA is used as a mechanism to reorient the lot lines to create
new building sites. Planning Commission expressed concern that this requirement may create
difficulty for small project. No changes are proposed.
c) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet. Most of other zones have a
requirement of either 3 stories /35 feet or 4 stories /45 feet. Staff recommends the maximum height in
MUO zones as 3 stories /35 feet. Planning Commission expressed concern that changing it to 3 stories
was not consistent with City's desire for more intensity and architectural interest. Also. staff was
asked to research the legislative history to determine if it was intentional. Staff reviewed the previous
ordinance it appears to be an error. Based on Planning Commission's concerns staff has proposed 4
stories /45 feet in the draft ordinance. This change is reflected in Section 5 of the ordinance.
d) TMC 18.52.070 lists the recycling storage space for multifamily residences as 1 1/2 sq. ft. per unit.
This requirement needs to be updated due to renewed emphasis on recycling. Upon further research
by staff 1 '/2 sq. ft. per unit standard is consistent with what other jurisdictions are requiring and
Allied Waste has confirmed that it is a viable standard. No changes are proposed in the attached
ordinance.
Page 4 of 8 08/20/2009
r. �rf iJ1 iY:}•1 (.
e) Garages, sheds and greenhouses are listed as accessory uses in residential zone. There are size
limitations of 1500 for a garage and 1000 feet forgreenhouses/sheds. Since these uses are listed as
accessory the intention is that they are smaller in size to the primary residence. Code clarification is
needed so that it clearly says that the building footprint of the accessory structures shall be smaller
than the building footprint of the primary residence. Also, it needs to be clarified that the maximum
size of 1500 square feet for a garage includes both attached and detached garages. Further, these size
limitations should address multiple structures. Staff recommends that the size of separate structures
be added up and the cumulative size cannot exceed the maximum size limitations. Planning
Commission expressed concern that the size of the garage should be linked to the size of the lot. The
existing code has a building footprint standard that is linked to the size of the lot (See Attachment C).
This proposed change is only addressing the relationship of the primary use and the accessory use.
Section 3 of the draft ordinance includes the language that the building footprint, floor area and
height of the accessory uses such as garage. shed or greenhouses should be no larger than the primary
residence.
f) The list of primary uses in all zones has a category that lists "other uses not specifically listed in this
title which the Director determines to be similar in nature to and compatible with other uses permitted
outright within this district, consistent with the stated purpose of this district and consistent with the
policies of the Comprehensive Plan". However accessory uses are limited to those specifically listed.
A category similar to the "other uses that are customarily accessory to the listed permitted uses" and
that are :determined by the Director to be consistent with the Comprehensive Plan needs to be added
to the list of accessory uses in all zones. These changes are incorporated in Section 3 thru 19 of the
draft ordinance.
g) Clarify the lot area definition to include or exclude the area used for fire lanes. Per TMC 18.06.505,
Lot Area means the total horizontal area within the boundary lines of a lot and exclusive of street
right -of -way, street easement, or private access roads serving more than one lot authorized pursuant
to the subdivision ordinance. The definition does not address the fire lanes which in many cases are
similar to the private road but are meant to serve more than one lot. See attached two options for a
three lot short plat. In both options the portion of the private road on lot 3 serves more than one lot
behind lot 3, therefore it cannot be included in the lot area for lot 3. However for lot 2 and 1 it can be
included per the definition of lot area. Staff recommends instead of dividing up the portions of the
road either to include all portions of a private road in the lot area or not include any portion of private
road. Planning Commission recommended including the area of the private road that serves up to 4
lots in the lot area for the purposes of meeting minimum lot area requirements. This is reflected in
Section 2 of the ordinance.
h) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into the required setbacks. Staff
is recommending that this 18 inch overhang may also be allowed for other type of overhangs (such as
a bay window) if it is approved as part of design review approval of a project and the overhang helps
in providing modulation of the facade. These changes are included in Section 2 of the draft ordinance.
5 The Department of Community Development has a number of code interpretations that date back to 1970's
and 80's. Staff has gone through the list of code interpretations and suggested codifying the following ones
that are still applicable.
MD
Page 5 of 8 08/20/2009
a) The Building Height definition needs to be amended so that the height of parapets is included in
calculating maximum building height. Planning Commission expressed concern about limiting the
abilitv to get a parapet that could be a design feature. No changes are proposed to the definition of
building height in the draft ordinance.
b) The term "occupancy permit" is used in the Zoning Code Sections 96.030, .060 and .070. The -
definitions section of Zoning Code does not define an occupancy permit. However an occupancy
permit in the Zoning Code has different meaning than an occupancy permit in the Building Code. The
occupancy permit in the Zoning Code is interpreted by the Planning Department to mean the review
and recording of zoning compliance as accomplished through the building permit and business
license application procedures. This needs to be clarified in the code language. These changes have
been included in Section 24 of the attached ordinance.
c) Standard parking stalls have the option of including a two foot landscaping overhang in the stall
length. This means that the paved area of a standard 19' long stall would be 17' with the curb acting
as a wheel stop and two feet of the hood or truck overhanging a landscaped area to reduce the amount
of paving on a site. However the code is not clear if compact stalls should be allowed the option of
overhanging in the landscaped area, reducing their paved length from 16' to 14'. The administrative
policy has been to not allow the compact stalls to overhang and require the full depth of paving.
Planning Commission recommended allowing two foot overhang in the landscape area for regular
and compact stalls. These changes have been incorporated in Section 22 of the attached ordinance.
d) The required front yard landscape width may be divided into a perimeter strip and one or more other
landscape areas between the building and the front property line if the perimeter strip is a minimum
of ten feet and the landscape materials are sufficient to provide some project screening and break up
the building mass. This allows additional flexibility of site design while still providing the full
amount of landscaping required by code. These changes are included in Section 21 of the attached
ordinance.
e) Address the sight distance requirements for fences on corner properties. Staff is recommending
referencing AASHTO standards for sight distance requirements. Public Works Department has
Infrastructure and Design Manual and AASHTO standards are referenced for fences at the
intersections. No additional changes are needed in the Zoning Code.
f) Limited access state routes such as I -5 and 1 -405, private access easements and subdivision tracts for
access shall be considered streets according to the Zoning Code's definition. This effects the type of
lots (corner, through) and their setbacks and landscape requirements. These changes have been
incorporated in Section 2 of the draft ordinance.
h) Define and set policy for temporary portable office structures. The code interpretation allowed these
for up to 18 months in industrial zones and six months in commercial zones. Job shacks for
construction are allowed for the duration of the construction and portables for schools are subject to
approval by the Planning Commission. International Building Code allows temporary structures for
six months. Additionally, if these structures that look like temporary structures but have permanent
foundations they are considered permanent under the Building Code. Staff recommends letting the
Page 6 of 8 08/20/2009
underlying zoning regulations regulate the.placenient and aesthetics of these structures and not
creating separate regulations for these typetvpes of structures. Planning Commission recommended
letting the underlying zoning regulations regulate the placement and aesthetics of these structures. No
changes are proposed in the draft ordinance.
6. Correct the following typos or incorrect references through out the code: All of these changes can be
corrected as part of the codifying process and do not need to be included in the ordinance.
a) TMC 18.70.050.8a references sections 18.45.080E & F. It should reference 18.45.120b &c instead.
b) A reference should be added in the LDR zone standards to the single family design standards listed
under Supplemental Section.
c) 18.108.080 (7) references TMC 18.11.120, which does not exist. The correct reference is 18.108.050.
d) TMC 21.04.152 (4a) cites RCW 36.70.200 (Planning Enabling Act); the correct reference should be
36.70a.200 (Growth Management).
e) TMC 17.12.120 j lists sensitive areas as slopes 20% or greater, which was the standard prior to
sensitive areas update in 2004. It should say 15% or greater.
f) TMC 18:.06.500 B. Add the word "be" between the words "may" and "developed ".
g)TMCg) TMC 18.45.080.G.2.c.(3) states: Removing non - native plat species and noxious weeds from
the buffer area... The word "plat" should be "plant ".
h) TMC 18:72.020 is the Variance section of the Code that is a Hearing Examiner's decision. There is an
outdated reference to "board of adjustments" that needs to be eliminated.
i) TMC 18.104.090(1) references 18.96.010. It should be 18.96.020.
j) TMC 21.04.310 needs to be updated to reference the adopted fee schedule rather than the specific fee
for SEPA application.
7. Definition of a hotel and motel has amended to limit the accommodation to 30 days, in order to be
consistent with International Building Code. Also, staff is recommending adding a definition for an
extended stay lodging facility; limiting the accommodation in an extended stay to 180 days: and allowing
extending stay in all zones that allow hotel /motel. These proposed changes were added after the first
briefing to Planning Commission in June. See Attachment A. the metro to Community Affairs and Parks
Committee that discusses the proposed changes in detail. These changes have been incorporated in
Section 2, 10 thru 19 of the draft ordinance.
8. The Department of Community Development will som.eti.mes receive technical reports as part of land use
applications that review peer review. such as noise reports. lighting plans, parking demand studies,
€eotechnical reports, structural review reports etc. The code addresses peer review of geotechnical
reports and structural review reports and the applicant is already responsible to reimburse the City for
Page 7 of 8 08/20/2009
peer review expenses. However peer review of miscellaneous reports such as noise reports, lighting plans
and parking demand studies is not addressed in the code. Staff is recommended a section is added to the
zoning code to address that these technical reports may undergo peer review at the expense of the
applicant. These proposed changes area included in Section 20 of the attached ordinance.
REQUESTED ACTION
..
on the proposed changes in July. An ordinance with the actual changes to the code language will be prepared for
the public hcaring.Hold the public hearing on the draft ordinance and forward the proposed changes to City
Council for adoption.
MD
Page 8 of 8 08/20/2009
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, DCD Director
Shelley Kerslake, City Attorney
DATE: July 23, 2009
SUBJECT: Additional Housekeeping Code Amendments.
ISSUE
Should the following Zoning Code amendments be added to the Housekeeping Code
changes: 1) Amendments to address the recommendations of Washington Cities
Insurance Authority (WCIA); 2) Amendments to clarify the difference between a hotel, a
motel and an extended -stay lodging facility?
BACKGROUND
Staff had previously briefed Community Affairs and Parks Committee on May 11, 2009,
regarding a myriad of housekeeping code amendments. Those amendments were
forwarded over to the Planning Commission to review in detail and make a
recommendation to the City Council. Planning Commission was briefed on the proposed
changes and a public hearing is tentatively scheduled on August 27, 2009. Staff would
like to incorporate a couple of other amendments to the list for Planning Commission's
review. The first proposed amendment would address the recommendations of
Washington Cities Insurance Authority. The second one would address the definition of
a hotel, a motel, and an extended -stay lodging facility.
DISCUSSION
I. Code Amendments to address WCIA's recommendations:
After the annual review and audit by the Washington Cities Insurance Authority the City
has received the attached letter (Attachment A). This year the audit focused on Land
Use exposures. As part of the audit report, WCIA strongly recommends that the City
use a hearing examiner to the maximum extent allowed by law and that the hearing
examiner's decision be final and appealable directly to superior court. WCIA further
recommends that the Planning Commission and City Council focus on legislative land
use matters such as the shoreline master program, zoning code text amendments, area
wide rezones, and comprehensive plan amendments and leave the quasi - judicial
matters to be handled by the City's hearing examiner. The rationale for this
recommendation is sound. In recent years cities have seen an increase in very costly
Attachment A
INFORMATIONAL MEMO
Page 2
land use litigation. The area of land use has become increasingly technical and
contentious. Moreover, to have the Council continue to sit in a quasi - judicial capacity
severely restricts the role of council members. As you know, when sitting in a quasi -
judicial capacity the Council is not allowed to engage in any conversation regarding the
application and must restrict its consideration to the evidence presented. Legislators
are elected to represent constituents and many citizens do not understand when they
are told that a councilmember can't consider their concerns. WCIA has called this out
as a source of potential liability.
As a result of WCIA's recommendation staff has proposed several changes to the land
use code dealing with quasi - judicial matters and transferring those matters to the
hearing examiner. There are currently five categories of land use processes- Type 1
through Type 5. See attached section of the Zoning Code listing decision makers for the
different categories. Under the existing code Type 4 decisions are generally made by
the Planning Commission and Type 5 decisions are made by the City Council. Also, the
Planning Commission and the City Council is listed as the appeal body for some Type 2
and Type 4 decisions.
In order to address the concerns raised by WCIA there are two policy options for the
Committee to consider.
Option 1: Change the Zoning Code so that all quasi - judicial land use decisions are
made by the Hearing Examiner. This would mean all Type 4 and Type 5 decisions
including Design Review and Rezones will be made by the Hearing Examiner. Also, the
appeal body of all administrative decisions would be changed from the Planning
Commission and /or City Council to the Hearing Examiner. Under the current code
Design Review applications are approved by the Board of Architectural Review, which is
comprised of the same members as the Planning Commission.
This option would address WCIA's concerns; however it may create some issues if the
decision makers for the Rezone application and the Comprehensive Plan Amendment
are different, since every Rezone application has an associated Comprehensive Plan
Amendment. Also, it may not be prudent to have the Hearing Examiner review Design
Review applications.
Option 2: Change the Zoning Code so that a majority of quasi - judicial decisions are
made by the Hearing Examiner, however keep the same decision makers for Design
Review, Unclassified Use Permit, Rezone, Subdivision and Unique Signs until such time
that substantive changes are made to the underlying code and the review criteria. The
City is in the process of updating Tukwila Urban Center Plan with specific design
guidelines. Staff is also preparing to start work for the ten year update to the
Comprehensive Plan, which the City is required to update by 2011. As part of this
update the City may want to have the Zoning Map different from the Comprehensive
Plan map, which would separate the quasi - judicial rezone process from the
Comprehensive Plan amendment process. Also, Sign Code update is in progress and
the decision makers for unique signs will be decided as part of the Sign Code update
process.
INFORMATIONAL MEMO
Page 3
Staff recommends policy option #2.
II. Code amendments to better define a hotel, a motel and an extended -stay lodging
facility.
The International Building Code along with the Washington State Departments of
Revenue and Health and the Washington State Landlord- Tenant Act all define transient
accommodations as less than 30 continuous days. The definition of a hotel and a motel
in Zoning Code needs to clarify that "transient" in the code means "less than 30
continuous days ". Staff is recommending amending the definitions of a hotel and a
motel in order to make them consistent with the International Building Code (IBC).
Additionally a definition for an extended -stay lodging facility will need to be added to the
Zoning Code.
If an extended -stay lodging facility is separately listed in the Zoning Code then the
regulations for such a facility will need to be addressed in the Zoning Code. Listed
below are some policy options for the Committee to consider regarding regulating an
extended -stay lodging facility:
1. Limit or not limit the stay in an extended -stay lodging facility to 180 days.
2. Allow extended -stay lodging facilities in
a. All zones that allow hotel /motels (RC, RCM, TUC, CLI, LI, HI, MIC /L,
MIC /H, TVS zones)
b. Zones that allow multifamily units above commercial uses (MUO, RCC,
NCC,RCM,TUC,TVS)
c. Zones that allow apartments (HDR and RC zones).
d. Zones that allow apartments and hotel /motels (RC zone).
Staff recommends changing the definition of a hotel and a motel to limit the
accommodation to 30 days, in order to be consistent with International Building Code.
Staff also recommends adding a definition for an extending -stay lodging facility; limiting
the accommodation in an extended -stay to 180 days; and allowing extending -stay
lodging facilities in all zones that allow hotel /motel.
RECOMMENDATION
Forward the proposed changes to the Planning Commission for consideration and
review. After Planning Commission review and hearing staff will return to CAP with
Planning Commission's recommendations.
ATTACHMENTS:
A. Washington Cities Insurance Authority's letter dated May 21, 2009.
B. Existing Zoning Code listing different types of land use decisions and decision
makers.
Insurance Authority
May 21, 2009
Rhonda Berry
City Administrator
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
RE: 2009 Annual Review & Audit
Dear Rhonda:
P.O. Box 88030
Tukwila, WA 98138
Phone: 206 - 575 -6046
Fax: 206- 575 -7426
It was a pleasure to meet with you, Shawn and Jack last week to perform the Annual
Review and Audit, in accordance with the terms of the WCIA Membership COMPACT.
I want to thank all of you for setting aside a portion of your day to meet with me.
2008 AUDIT RESULTS (In Compliance)
I was happy to verify that the City had no mandatory requirements generated from the
2008 Public Works Audit. Therefore the City is considered to be in compliance with the
terms of the WCIA COMPACT.
2009 AUDIT RESULTS
As you know, this year's Audit focused on Land Use exposures. The Audit resulted in
one mandatory requirement being generated, which will be monitored for compliance in
2008. Please be aware that failure to comply with the mandatory requirements may result
in a financial penalty.
MANDATORY REQUIREMENT
4.4 Does the City's SEPA checklist require the applicant to swear under penalty of
perjury that all information provided is true and correct?
Although the SEPA guidelines do not require it, WCIA is requiring that its Member
Cities require that checklists submitted by applicants be accompanied by a sworn
statement under penalty ofperjury that all information provided in the checklist is true
and correct. Our defense attorney has had at least three cases dismissed on summary
judgment because of the penalty ofperjury law. In addition, at trial, he has blown up the
SEPA checklist and was able to use the fact that the applicant lied in misrepresentation
cases. It can also be used as leverage for settlement in mediation. Defense counsel calls
Page 2
City of Tukwila
May 21, 2009
the penalty ofperjury language the "gold standard ". You can comply with this
mandatory by adding the words Under penalty of perjury to the signature statement on
the SEPA checklist so that it reads "Under penalty of perjury the above answers are true
and complete to the best of my knowledge. 1 understand that the lead agency is relying on
them to make its decision."
INFORMATIONAL RECOMMENDATIONS
1.15 Does the Planning Commission make final, substantive decisions on site specific
permits or approvals?
1.16 Does the Planning Commission act as an administrative appeal body, making
decisions on site specific permits or approvals on appeal from staff or others in the
City?
Currently, Tukwila's Planning Commission is making final decisions on certain types of
permits as well as acting as an administrative appeal body under certain circumstances.
WCIA recommends the Planning Commission be an advisory body that.makes
recommendations to the City Council on land use matters. WCIA further recommends the
Planning Commission's role emphasize legislative land use matters of general
applicability, such as the comprehensive plan, shoreline master program, zoning code
text amendments, and area -wide rezones, and that quasi-judicial matters be handled by a
hearing examiner.
1.37 What is the role of the City Council in the land use planning and decision -
making process?
1.38 Is the Council's role Limited to adoption of ordinances related to the
comprehensive plan or development regulations?
1.39 Does the Council approve any types of land use permits?
1.40 Does the Council hear any appeals of permit decisions or other land use
approvals made by other agencies of the City?
In our meeting, we discussed the current role of the City Council, which includes many of
the land use decisions as well as appeals from the Planning Commission's decisions.
While the City uses a hearing examiner, there are many land use decisions that the City
Council and Planning Commission are involved in which can lead to an increase in
liability for the City of Tukwila. WCIA recommends that the City use a hearing examiner
to the maximum extent allowed by law and that the hearing examiner 's decision be final,
appealable directly to superior court.
Page 3
City of Tukwila
May 21, 2009
1.42 Doe City Council members attend meetings and /or public hearings of the
Planning Commission or other land use advisory committees?
Currently, City Council members are involved in making quasi - judicial permit decisions.
WCIA recommends City Council members refrain from attending hearings of its
advisory committees on such matters to avoid any conflicts of interests of possible
violation of the Appearance of Fairness Doctrine.
PROPERTY & AUTO PHYSICAL DAMAGE PROGRAMS
I provided current copies of your property and auto schedules for review. As we
discussed, there are a few entries on the property schedule that are described as
miscellaneous items that will need to be updated so that we can identify what is being
insured. Also, the values on many of the autos listed on the auto schedule had not been
updated for replacement cost or depreciated for actual cash value and Shelley indicated
that she-would work on getting these updated. Please let WCIA Administrative Assistant
Tiffany -Woods know if there are any changes you wish to make or the changes can be
made "on line" at the WCIA Web Site.
RISK PROFILE
I was pleased to discuss the Risk Profile which shows the City's losses compared to the
Actuarial Group Averages. Hopefully the material presented was of interest. Again, it is
our hope that this information may assist Members in looking at their specific areas of
loss. If you have any questions regarding this documentation, please be sure to call.
COMPACT STATUS & TRAINING REQUIREMENTS
The City still needs to meet your First Mandatory Training requirement and your
Attorney Attendance for 2009.
Member Services Manager Patti Crane will be sending out announcements periodically
for all of the various trainings that will be scheduled throughout the year. Please feel free
to call her if you have any questions or wish to schedule additional training.
Page 4
City of Tukwila
May 21, 2009
SUMMARY
This completes the findings of my recent visit. I appreciated the hospitality shown me
while I was there. Please let me know if you have any other risk management concerns or
if I can be of further service.
Debbi Sellers, RPLU
Senior Risk Management Representative
Washington Cities Insurance Authority
206 -575 -6046
cc: City File
PERMIT APPLICATION
TYPES AND PROCEDURES
Sections:
18.104.010 Classification of Project Permit Applications
18.104.020 Consolidation of SEPA Procedures and Appeals
18.104.030 Consolidation of Permit Applications
18.104.040 Relationship to SEPA
18.104.050 Pre - application Conferences
18.104.060 Application Requirements
18.104.070 Notice of Complete Application to Applicant
18.104.080 Notice of Application - Contents
18.104.090 Notice of Application - Procedure
18.104.100 Party of Record
18.104.110 Posted Notice
18.104.120 Mailed Notice
18.104.130 Time Periods for Permit Issuance
18.104.140 Applications - Modifications to Proposal
18.104.150 Vesting
18.104.160 Hearing scheduling - Notice of Hearing
18.104.170 Notice of Decision
18.104.180 Referral to Other City Departments
18.104.190 Date of Mailing
18.104.010 Classification of Project Permit Applications
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 meeting and /or a public
hearing is required before a decision is made, and whether administrative appeals are provided.
1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a
closed record appeal hearing based on the information presented to the City administrator who made the
decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5
decision by this Chapter
As specified by
ordinance
Boundary Line Adjustment, including
Lot Consolidation (TMC 17.08)
Community
Development
Director
Development Permit
Building Official
Minor modification to BAR - approved
design (TMC 18.60.030)
Community
Development
Director
Minor Modification to PRD
(TMC 18.46.130)
Community
Development
Director
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission, or denials
of sign permits that are appealable
Community
Development
Director
Tree Permit (TMC 18.54)
Community
Development
Director
Wireless Communication Facility,
Minor (TMC 18.58)
Community
Development
Director
2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in certain cases,
other City administrators or committees, but which are subject to an open record appeal to the Hearing
Examiner, Planning Commission, City Council or, in the case of shoreline permits, an appeal to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(open record
appeal)
Administrative Design
Review (TMC 18.60.030)
Community
Development
Director
Board of
Architectural
Review
Administrative Planned
Residential Development
(TMC 18.46.110)
Short Plat
Committee
Hearing
Examiner
Binding Site
Improvement Plan
(TMC Chap.17.16)
Short Plat
Committee
Hearing
Examiner
Cargo Container
Placement
(TMC 18.50.060)
Community
Development
Director
Hearing
Examiner
Code Interpretation
(TMC 18.90.010)
Community
Development
Director
Hearing
Examiner
Exception from Single-
Family Design Standard
(TMC 18.50.050)
Community
Development
Director
City Council
Parking standard for use
not specified
(TMC 18.56.100)
Community
Development
Director
Hearing
Examiner
Sensitive Areas
(except Reasonable Use
Exception)
(TMC 18.45)
Community
Development
Director
Planning
Commission
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Community
Development
Director
State
Shoreline
Hearings Bd
Short Plat
(TMC 17.12)
Short Plat
Committee
Hearing
Examiner
Sign Area Increase
(TMC 19.32.140)
Community
Development
Director
Planning
Commission
.
Sign Permit Denial
(TMC Chapter 19.12)
Community
Development
Director
Planning
Commission
Special Permission
Parking, and Modifica-
tions to Certain Parking
Standards (TMC
18.56.065 and .070)
Community
Development
Director
Hearing
Examiner
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Community
Development
Director
Planning
Commission
Wireless Communication
Facility, Minor (TMC
18.58)
Community
Development
Director
Hearing
Examiner
3. TYPE 3 DECISIONS are quasi - judicial decisions made by the Hearing Examiner following an
open record hearing. 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 3 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Resolve uncertain zone district
boundary
Hearing Examiner
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
4. TYPE 4 DECISIONS are quasi - judicial decisions made by the Board of Architectural Review or
the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the
Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review
or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(closed record
appeal)
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
City Council
Modifications to Certain
Parking Standards
(TMC Chapter 18.56)
Planning
Commission
Hearing
Examiner
Public Hearing Design
Review
(TMC Chap. 18.60)
Board of
Architectural
Review
City Council
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance
(TMC 18.45.180)
Planning
Commission
City Council
Shoreline Conditional
Use Permit
(TMC 18.44.050)
Planning
Commission
State
Shorelines
Hearings
Board
Subdivision - Preliminary
Plat
(TMC 17.14.020)
Planning
Commission
City Council
Unique Signs
TMC 19.28.010)
Planning
Commission
City Council
Variance from Parking
Standards over 10%
(TMC 18.56.140)
Planning
Commission
Hearing
Examiner
Wireless Communication
Facility, Major or Waiver
Request
(TMC 18.58)
Planning
Commission
City Council
5. TYPE 5 DECISIONS are quasi - judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Planned Residential Development
(PRD), including Major Modifications
(TMC Chap. 18.46)
City Council
Rezone (TMC Chapter 18.84)
City Council
Sensitive Area Master Plan Overlay
(TMC 18.45.160)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
Subdivision - Final Plat
(TMC 17.12.030)
City Council
Unclassified Use
(TMC Chapter 18.66)
City Council
(Ord. 2135 §19, 2006; Ord. 2119 §1, 2006)
City of Tukwila
Department of Community Development
6300 Southcenter Blvd., Ste 100
Tukwila; WA. 98188
Tukwila Community. Member
5552S JUNIPER ST
SEATTLE WA 98178
King County
Department of'DevelopMent"
and Environmental Services
Building Services Division
900 Oakesdale Avenue Southwest
Renton, WA 98057 -5212
206 - 296 -6600 TTY Relay: 711
www.kingcountv.gov /permits
c r
i ` ` iUO9
c3Msisie.n.,646 i
DEVELOPMEN �
1 0.28
00,425.3 — 3,1-- ....,. i'JL 08 2009
MAILED FROfvi ZIP CODE 98055
Tukwila Planning /Bldg Dept
6200 Southcenter Blvd
Tukwila WA 98188
King County
Department biftevefiepmeiit•: . -
and Environmental Services
Land Use Services Division
900 Oakesdale Avenue Southwest
Renton, WA 98057 -5212
206- 296 -6600
www.kinacounty.00v/oermit's
For questions, please
contact DDES Staff at
the phone number or
e -mail listed on the reverse
side of this postcard.
Alternate Formats
On Request
206 - 296 -6600 or
TTY Relay: 711
City of Tukwila
DCD
6300 Southcenter Blvd.,
Tukwila, WA 98166
www.ci.tukwila.waus
0000253200 MAY 1 4 2009
MAILED FROM ZIP CODE 980;
TU /L08S0042
TUKWILA PLANNING/BLDG DEPT
6200 SOUTHCENTER BLVD
TUKWILA WA 98188
Attachment B
File Number: Dear Property Owner:
L08S0042
Project Name:
Qiu Short Plat
Permits
Requested:
Short Subdivision
Project
Description:
This is a short
;ubdivision of 0.31
acres (13,600
square feet) into 2
Tots for detached
single family
wellings in the R -6
zone.
W �
Z Q
W �
rt
0 0 r2-1
W
IQ <
Cl�1 -0
Qua..
_J W
This project was approved subject to conditions on May 14,
2009. You have the right to appeal this decision to the King
County Hearing Examiner.
Comment: A notice of appeal with a non - refundable $250 fee
must be received at the DDES cashier by 5:00 pm on June 1,
2009. A statement of appeal must be received at DDES by
5:00 pm on June 8, 2009. (see address of the reverse side).
DDES Staff: Arlene Mariano, Project/Program Manager I
DDES Staff phone: (206) 296 -6686
DDES Staff email: arlene.mariano @kingcounty.gov
Applicant: Wei Hao Qiu
3511 Monroe Street
Seattle, WA 98118
Project Location: 6439 South 120th Street, located at the
southeast corner of the South 120th Street and 64th Place
South intersection, Postal City Seattle, WA.
Mailing Date: May 14, 2009
RE'Cri ED
MAY 15 2009
Open House
March 25, 2009 5:30 -7:30 p.m.
City Council Public Hearing
April 20, 2009, 7:00 p.m.
Both held at City Hall — 6200 Southcenter BL
For more information visit our web site:
www.ci.tukwila .wa.us /dcd /shoreline.html
',City of Tukwila Notice of Application
Project Elcon Corp: for WSDOT 1 -5
1 -5 from Boeing Access Road,to South.129th Street
File# A09 -015
Project Description: Elcon Corporation has re-
quested a temporary noise variance for 50 non - .:..
consecutive nights.(IOpm -lam) of relief from the City
of Tukwila's Noise Code. Elcon Corporation will be
installing an Active Traffic Management System on .:
Interstate 5. The variance is requested because the
applicant has determined that closing lanes during the
day would worsen traffic congestion and decrease
workersafety.. The anticipated construction window
is between September and December, 2009.
You are receiving this notice because you are a prop-
erty owner or tenant within 1000 feet of this project.
Your written comments are requested and can be .
delivered to Department of Community Development,
6300 Southcenter Boulevard., Suite 100, Tukwila,
Comments must be received by 5 OOpm on September
ProjectPlanner Stacy MacGregor, 206-433-7166
Notice':•f _D.ecitIO: B:uiidin
File Number:
B08C0088
Project Name:
Vong's White
Center Square
Permits
Requested:
Building Permit
Project
Description:
Gen'I.
development. of (2)
bldg. shells (net
flr.area 26,539 sq.
ft.) on a 47,480 sq.
ft. lot in a comm'I.
zone, with assoc'd
site and street
improvements, utils
and parking.
Dear Property Owner:
The Department of Development and Environmental
Services (DDES) has made a decision to approve the
building permit referenced above. A building permit is a non -
appealable administrative decision made by the Director or
his or her designee.
Applicant: Con Vong, on behalf of
Vongs LLC
3112 Main Ave South
Renton, WA 98055
Project Location: 9988 - 15th Ave SW, Postal City Seattle
Department Decision: Issue the permit subject to conditions
and corrections contained in the permit approved July 8,
2009.
SEPA Threshold Determination (TD): Determination of
Non - Significance
Date of SEPA TD: October 8, 2008
Mailing Date of Notice of Decision: July 8, 2009
Any person wishing additional information on this permit should contact DDES 1
at the address and /or phone indicated on the reverse of this postcard.
Relationship of the lot area to the building footprint
Tukwila Municipal Code addresses the maximum building footprint in relation to the
size of the lot. These code amendments were adopted as part of code changes in 2001 that
changed the definition of family and deleted the regulation of number of members who
could live in a single family dwelling unit in order to be consistent with Federal Fair
Housing Laws. However regulations related to the size of the dwelling unit were
incorporated to preserve LDR zone for single family dwelling units and control the
ability of mega homes or large group homes to be built in LDR zone. Listed below is the
code section that addresses maximum building footprint regulation. The attached graphic
shows the relationship of the lot and the maximum building footprint. It also shows the
relationship between the primary residence and an accessory structure.
18.10.057 Maximum Building Footprint
The maximum total footprint of all residential structures located on a lot in the Low -
Density Residential District shall be limited to 35% of the lot area, provided:
1. The maximum footprint is reduced by 0.125% for each 100 square feet of lot
area in excess of 6,500 square feet and less than 19,000 square feet;
2. The maximum footprint shall be 4,000 square feet for lots between 19,000
square feet and 32,670 square feet;
3. The maximum footprint shall be 5,000 square feet for lots between 32,760
square feet and 43,560 square feet;
4. The maximum footprint shall be 6,000 square feet for lots over 43,560 square
feet; and
5. For lots less than 6,500 square feet in size, the maximum total footprint shall
be the area defined by the application of the standard setback requirements set forth in the
applicable Basic Development Standards, up to a maximum of 2,275 square feet.
(Ord. 1971 §6, 2001)
Attachment C
House and Accessory Structure Relationships
6,500 sf. lot
J
2,275 sf.
max. building footprint
30,000 sf. lot
4,000 sf.
43,560 sf. lot
6,000 sf.
max. building footprint max. building footprint
House and accessory structure each account for
half of maximum building footbprint.
House is 1000 sf. and accessory structure occupies
the remainder of the maximum building footprint.
❑❑ ❑M ❑
•
City of Tukwila Jitrt Haggerton, Mayor
Department of Community Development Jack Pace, Director
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared June 16, 2009
FILE NUMBERS: L09 -028 Code Amendments
E09 -007 SEPA Checklist
REQUEST:
LOCATION:
Work session to discuss the proposed housekeeping code changes. Based on
direction from Planning Commission staff will prepare an ordinance and
schedule the public hearing on the proposed code amendments in July. Planning
Commission's final recommendations will then be forwarded to the City Council
for review and adoption.
City wide
STAFF: Minnie Dhaliwal, Planning Supervisor
BACKGROUND
Staff has grouped amendments to the Zoning and Subdivision Codes together for your consideration. The
topics range from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. Staff presented these issues to the Community Affairs and Parks (CAP)
Committee on May 11, 2009. The Committee discussed each item and chose to forward them to the
Planning Commission for a hearing and recommendation. Each proposed change is discussed below.
DISCUSSION OF PROPOSED CHANGES
1. Churches are listed as Conditional Uses in a number of zones. It has come to the City's attention that
there may be about thirty small churches that are located in multi -tenant commercial buildings without a
Conditional Use Permit approval.
First the Zoning Code needs to be amended to include a broader definition of a religious facility that
would include churches as well as synagogues, mosques etc. Staff recommends a broad definition for a
`Religious Facility' such as "A facility operated for worship, prayer, meditation or similar activity by an
organization granted tax exempt status by the Federal Internal Revenue Service ".
MD Page 1 of 6 06/18/2009
H: \OId Q Drive\Misc code amendments\2009 Housekeeping Code changes- PC.DOC •
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206-
431 -3663
Further there are three policy options on what process to use to approve a religious facility in a non-
residential zone:
Religious facility where no more than 50 attendees regularly gather at one time could be
permitted outright subject to meeting all applicable building and fire codes; or
b) Religious facility where no more than 50 attendees regularly gather at one time could be
approved subject to obtaining a Special Permission approval from the Director. Approval
criteria should include an assessment of parking, noise and any other impacts.
c) Do not change the code and require a Conditional Use Permit for all religious facilities
regardless of the size or the number of attendees.
Staff recommends option a). Under this option a facility with more than 50 attendees would still
require a Conditional Use Permit. No changes are recommended in residential zones where a religious
facility of any size would still require a Conditional Use Permit.
2. Staff recommends the following updates to the landscaping chapter to add clarity and help streamline
permits:
a) There are landscaping standards for commercial and multifamily zones, but there are no
. standards for institutional uses in Low Density Residential (LDR) zone. Staff is recommending
perimeter and:interior parking lot landscaping standards' similar. to Medium Density Residential
(MDR) zone for institutional uses in.LDR zone. These would include. perimeter .landscaping
standards of 15, feet in the front and 10 feet in the side and rear yard' setbacks. The interior
parking lot landscaping for parking areas with more than 20 stalls but less than 40 stalls would
be 7 square feet per stall. For parking areas with more than 40 stalls the required landscaping
would be 12 square feet per stall.
b) Add specifications for plant materials and soil in the code. These would include that plants
meet the current American Standard for Nursery Stock, be healthy, free from damage and
habituated to outdoor environmental conditions. Also, no plants listed on the King County
Noxious Weed list may be used. Specification will also include that appropriate plant materials
be selected taking into account final plant size, overhead power lines, and shade or sun
exposure. Also, new specifications for site preparation such as requirement for incorporation of
organic material into the soil to a depth of 18 inches and mulching shall be included.
3. Staff recommends the following updates to the Permit Application Types and Procedures section of
TMC:
a) The procedures related to Notice of Application and Notice of Hearing-could be updated to
eliminate the 8 t/2 "x11" site plan requirement so that more mailings could be done with a
postcard. This would help the city save mailing costs, paper and administrative time. Also,
references to First Class mailing could be revised to add a provision that email notification,and.
web .site updates can substitute for large mailings where the parties of record were informed
about this r�i o notification and they elected to receive information electronically.
MD Page 2 of 6
H: \Old Q Drive\Misc code amendments\2009 Housekeeping Code changes - PC.DOC
06/18/2009
•
b) TMC 18.104.060 lists requirements needed to determine if an application is complete. There
are some minor revisions needed to reflect the current practices such as instead of providing
mailing labels the applicant may choose to pay the City per the land use fee schedule to
generate mailing labels.
c) The appeal body for a number of closed record appeals of land use decisions is listed as City
Council. Since a closed record appeal is a legal evaluation and not a policy decision, it may be
eit;?
prudent to change the appeal body to the Hearing Examiner. These include all the Type 4
decisions including Design Review and Conditional Use Permits. Additionally, the City has f
received a letter from Washington Cities Insurance Authority recommending all quasi-judicial
decisions to be made by he Hearing Examiner. We are in the process of reviewing the letter
and upon further discussions with the City Attorney will be coming back with
recommendations regarding decision makers and appeal bodies for different types of permits.
d) Preliminary approval for a subdivision (more than nine lots) is made by the Planning
Commission and the Final Subdivision approval is made by the City Council. Since the Final
approval is made after all of the infrastructure is in place, the review is limited to determining if
all the conditions of Preliminary Approval have been met. Having different decision makers for
different stages of the project could be problematic. Staff recommends both Preliminary and
Final Subdivision approval to be made by the City Council.
e) The thresholds for when design review is required in LDR, MDR and HDR zones need to be
clarified. It needs to be clearly stated that single family residences are exempt. The code states
that all multifamily is required to go through design review. However there are no thresholds
for remodels or renovations of multi - family developments. In commercial zones if the cost of
any exterior work equals or exceeds 10% of the building's assessed value then the project is
subject to design review. Staff recommends similar threshold for residential projects in MDR
and HDR zones. Also, any institutional uses in LDR zone should be subject to design review.
g)
dd an expiration date to Binding Site Improvement Plans similar to Short Plat or Boundary
Line Adjustment applications.
Parking Determination for City Parks is to be made by the Planning Commission, however it is
not listed as Type of Permit and no appeal body is listed. Staff recommends listing it as a Type ,v
4 decision, which includes a public hearing and notification to all property owners within 500A
feet of the property.
4. Other miscellaneous code amendments:
a) Paving requirements for parking are spread in three different areas of the code- Parking Chapter
of the Zoning Code, TMC 8.25 Vehicle Storage and Parking and the Infrastructure and Design
Manual that is administered by Public Works. All three areas need to cross reference and be
consistent. Also, regulations for parking in the rear setback of a single family home need to
MD Page 3 of 6
H: \Old Q Drive\Misc code amendments\2009 Housekeeping Code changes - PC.DOC
06/18/2009
make an exception for situations where the parking is connected to a rear alley. Staff
recommends parking areas in all zones except single - family areas to be paved.
b) Utility extensions and private road access requirements for Boundary Line Adjustments need to
be similar to those of a Short Plat when BLA is used as a mechanism to reorient the lot lines to
create new building sites. f \11r Cs) .4, -4)
Mixed Use Office zone lists the maxis um height as 3 stories or 45 feet. Most of other zones
have a requirement of either 3 stories /35 feet or 4 stories /45 feet. Staff reco s ends the
maximum height in MUO zones as 3 stories /35 feet.) r,,oirtti
d) TMC 18.52.070 lists the recycling storage space for multifamily residences as 1 1/2 sq. ft. p J 2
unit. This requirement needs to be updated due to renewed emphasis on recycling.(9?V (�� 4, /j j
fie)) Garages, sheds and greenhouses are listedas accessory uses in residential zone. There are size.
limitations of, 1500 for a garage and 1.000 feet for greenhouses /sheds. Since these uses are listed
as accessory the intention is that they are smaller in size to the primary residence. Code
clarification is needed so that it clearly says that the building footprint of the accessory
A, structures shall be smaller than the building footprint of the primary residence. Also, it needs to
be clarified that the maximum size of 1500 square feet for a garage includes both attached and
r r detached garages. Further, these size limitations should address multiple structures. Staff
'recommends.that the size of. .separate- structures_.be-added up and the.cumulative size cannot
�►� exceed the maximum size limitations.
:
The list of primary .uses in :all zones has.a.category that lists "other uses not specifically listed in
this title whichthe. Director determines.to.be'similar in.natureto and compatible with other uses
permitted outright within this district, consistent with the stated purpose of this district and
consistent with the policies of the Comprehensive Plan". However accessory uses are limited to
those specifically listed. A category similar to the "other uses that are customarily accessory to
the listed permitted uses" and that are determined by the Director to be consistent with the
Comprehensive Plan needs to be added to the list of accessory uses in all zones.
g) Clarify the lot area definition to include or exclude the area used for fire lanes. Per TMC
18.06.505, Lot Area means the total horizontal area within the boundary lines of a lot and
exclusive of street right -of -way, street easement, or private access roads serving more than one
lot authorized pursuant to the subdivision ordinance. The definition does not address the fire
lanes which in many cases are similar to the private road but are meant to serve more than one
lot. See attached two options for a three lot short plat. In both options the portion of the private
road on lot 3 serves more than one lot behind lot 3, therefore it cannot be included in the lot
area for lot 3. However for lot 2 and 1 it can be included per the definition of lot area. Staff
recommends instead of dividing up the portions of the road either to include all portions of a
private road in the lot area or not include any portion of private road.
h) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into the required
setbacks. Staff is recommending that this 18 inch overhang may also be allowed for other type
MD Page 4 of 6
H: \Old Q Drive\Misc code amendments\2009 Housekeeping Code changes - PC.DOC
06/18/2009
of overhangs (such as a bay window) if it is approved as part of design review approval of a
project and the overhang helps in providing modulation of the facade.
5. The Department of Community Development has a number of code interpretations that date back to
1970's and 80's. Staff has gone through the list of code interpretations and suggested codifying the
following ones that are still applicable.
a) The Building Height definition needs to be amended so that the height of parapets is included
in calculating maximum building height.
b) The term "occupancy permit" is used in the Zoning Code Sections 96.030, .060 and .070. The
definitions section of Zoning Code does not define an occupancy permit. However an
occupancy permit in the Zoning Code has different meaning than an occupancy permit in the
Building Code. The occupancy permit in the Zoning Code is interpreted by the Planning
Department to mean the review and recording of zoning compliance as accomplished through
the building permit and business license application procedures. This needs to be clarified in the
code language.
,,(c)1 Standard parking stalls have the option of including a two foot landscaping overhang in the stall
length. This means that the paved area of a standard 19' long stall would be 17' with the curb
acting as a wheel stop and two feet of the hood or truck overhanging a landscaped area to
reduce the amount of paving on a site. However the code is not clear if compact stalls should be '
allowed the option of overhanging in the landscaped area, reducing their paved length from 16'
to 14'. The administrative policy has been to not allow the compact stalls to overhang and �I
require the full depth of paving. 6
The required front yard landscape width may be divided into a perimeter strip and one or more
other landscape areas between the building and the front property line if the perimeter strip is a
minimum of ten feet and the landscape materials are sufficient to provide some project
screening and break up the building mass. This allows additional flexibility of site design while
still providing the full amount of landscaping required by code.
e) Address the sight distance requirements for tnce on corner properties. Staff is recommending
referencing AASHTO standards for sight dis e requirements.
f) Limited access state routes such as I -5 and I -405, private access easements and subdivision
tracts for access shall be considered streets according to the Zoning Code's definition. This
effects the type of lots (corner, through) and their setbacks and landscape requirements.
h) Define and set policy for temporary portable office structures. The code interpretation allowed
these for up to 18 months in industrial zones and six months in commercial zones. Job shacks
for construction are allowed for the duration of the construction and portables for schools are
subject to approval by the Planning Commission. International Building Code allows temporary
structures for six months. Additionally, if these structures that look like temporary structures
but have permanent foundations they are considered permanent under the Building Code. Staff
MD Page 5 of 6
H: \OId Q Drive\Misc code amendments\2009 Housekeeping Code changes - PC.DOC
06/18/2009
t
recommends letting the underlying zoning regulations regulate the placement and aesthetics of
these structures and not creating separate regulations for these type of structures.
6. Correct the following typos or incorrect references through out the code:
a) TMC 18.70.050.8a references sections 18.45.080E & F. It should reference 18.45.120b &c
instead.
b) A reference should be added in the LDR zone standards to the single family design standards
listed under Supplemental Section.
c) 18.10080 (7) references TMC 18.11.120, which does not exist. The correct reference is
18.108.050.
/
d) TMC 21.04.152 (4a) cites RCW 36.70.200 (Planning Enabling Act); the correct reference should
be 36.70a.200 (Growth Management).
e) TMC 17.12.120 j lists sensitive areas as slopes 20% or greater, which was the standard prior to
sensitive areas update in 2004. It should say 15% or greater.
f) TMC 18.06.500 B. Add the word "be" between the words "may" and "developed ".
g)TMC.18:45.080.G.2.c.(3) states:. Removing non- native plat species and noxious weeds from the
buffer-area... The word "plat" should be "plant ".
h) TMC 18.72.020 is the Variance section of the Code that is a Hearing Examiner's decision. There
is an outdated reference to "board of, adjustments" that needs to be eliminated.
i) TMC 18.104.090(1) references 18.96.010. It should be 18.96.020.
j) TMC 21.04.310 needs to be updated to reference the adopted fee schedule rather than the specific
fee for SEPA application.
REQUESTED ACTION
i�- SU.- 41..f._ c:
Review each proposed change, choose an option if multiple choices are given, and schedule the public
hearing on the proposed changes in July. An ordinance with the actual changes to the code language will
be prepared for the public hearing.
'h.
Pte`'
MD Page 6 of 6
H: \Old Q Drive\Misc code amendments\2009 Housekeeping Code changes - PC.DOC
06/18/2009
100. -Y
--�- —
SHED
+—
0
0
LOT 3 '�/ . r
7902sgft total lo size
6500sqft minus he /I,� /
20' access eas= ent
/
Proposed Built Green _ _ _ °/ /
SF home vi/fie 1 �/ I /
suppression prinkler i �/ I /
1/
— —Y
system L__ i
/ / /
___J L
52' -5"
210.89'
_��� -• -� -yam
221.38' N 88'24'02" W
LOS
6500sgft
Proposed Built Green
SF home w /fire
suppression sprinkler
system
5'
ccess, u i 1 y easemen
-0
n
Proposed Short Plat
Existing
hydrant
12 - O'existh g pavement
Duwamish Residences
11734 40th PL S
(/ • Tukwila, WA
Pervious driveway
18. S 8'24' 2" E
Parcel # 7340600080
0'
=MD �— I
LOT 11
65004gft
68' -4'
Existing SF home,
Built Creel remodel
w /fire supipression
sprinkler $ystem
ii
20' -0"
to
o lr
alp+
mfr
v1E
0 \
Zt�! of
Common river access easement
L
I
Preserve
existing o
tree
45' -0"
M.
Preserve
existing O
tree
Scale: 1/16'.=1.-0"
(_Press
existin tree
TOP OF SLOPE
C
02.112009
E. Cobb Architects Inc.
11 Warn Awns ale Sure ftstirom21101
loo' -r
7 -0'
Atk.
LOT 3
7902sgft total lot size
6500sqft minus the
20' access easement
Proposed Built Green
SF home w /fire
suppression sprinkler
system
a>
E
y
0
LLJ
1
07
b/
11► LO, / 0, fe 6500o.--gift 6 -
,,, r 41.
9, Proposed Built Green
1/ °i SF home w /fire
, F suppression sprinkler
-I! /i° system I—
c/ to
0/ A
4/ /
/
52' -5"
68' -4'
221.38' N 88'24'02" W
MOW
5' o'
- - - L
•
I
I
LOT 11
6500ggft
J
Existing SE home,
Built Green remodel
w /fire suppression
sprinkler $ystem
TCP OF SLOPE
—_J
0
z
.0
0
1
Pervious
driveway
2
-b
r
C7
rn
Proposed Short Plat
hydrant
12, -0'en
P�'ernent
Duwamish Residences
i17'�4 40th PL S
-
Private
Access
0. S ggggr24io2.
205.80
Flire Lane
® Fire Lane easement. Serves (1), Lot 2
® Private Access Road. Serves (1), Lot 1
Private Access Road. Serves (2), Lot 1 and 2
® Fire Lane. Serves no other lot
Parcel # 7340600080
0
Wlw
v
Easment
0
—fie
Prese
existing tree
Scale: 1/16 ° =1' -0"
ammo
E. Cobb Architects Inc.
m
wesam Mame 01) Sure Wa iVon ema
City of Tukwila
Washington
Ordinance No. 5
RECEIVED
OCT 0 6 20081
OEVELOPMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT
VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC
PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION AND PLATS" AND
TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE
AND ITS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Zoning Code of the City of Tukwila lists churches as a conditional use
regardless of the size and does not list other religious facilities and in the past all religious
facilities have been regulated similar to churches, the Council wishes to amend the code to list
religious facilities as a separate use category and not require a conditional use process for
smaller facilities; and
WHEREAS, there are some updates needed to the landscape chapter to clarify landscaping
requirements for institutional uses in Low Density Zones, and to add specifications for plant
materials and soil; and
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City has received recommendations from Washington Cities Insurance
Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City
wishes to update its permit types and procedures based on WCIA's recommendations; and
WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for public notice
and the City wishes to update the mailing procedures to allow postcard mailings and email
notifications; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various procedures for
different types of permits and the City wishes to clarify those procedures including:
establishing expiration dates for Binding Site Improvement Plans, clarifying when design
review is required for multi- family developments, changing the parking determination for City
parks to be an administrative process, defining an occupancy permit as used in the Zoning
Code, and adding a requirement that review of technical studies may undergo peer review at
the expense of the applicant; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various development
standards and the City wishes to clarify and /or amend those development standards
including: clarifying the height in MUO zone, expanding the list of accessory uses, clarifying the
lot area definition to include the area of private road that serves up to four lots, increasing the
roof eaves overhang in the setback area to 24 inches and allowing other types of overhangs in
the setback area if approved as part of design review approval, allowing parking stalls to
overhang two feet in the landscaping area, allowing front yard landscaping to be divided into a
perimeter strip and other areas between the building and front property line, clarifying the
definition of street to include freeways and private access roads for the purposes of determining
the type of lot -corner or through lot, clarifying that parking in the rear setback of a single - family
home is allowed if it is connected to a rear alley, changing the definition of hotel /motel to be
consistent with the International Building Code, and adding a definition for an extended -stay
lodging facility; and
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the zoning and
subdivision code and adopted a motion recommending the proposed changes; and
WHEREAS, on September 28, 2009 the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 1 of 67
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
, . Section 1. Ordinance Amended. Ordinance No. 2056 §1 (part), as codified at TMC Section
8.25.020, is amended to read as follows:
8.25.020 Parking Limitations
A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on
properties devoted to single - family residential use.
B. Motor vehicles on property devoted to single - family residential use shall be parked on
an approved durable uniform surface. Motor vehicles, other than those specified in TMC
Section 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks
when in a driveway that provides access to an approved parking location and is in conformance
with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking
in the rear setback of a single family -home is permitted where the parking is connected to a rear
alley.
C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved
durable uniform surface and shall not be parked, kept or stored in required front yard setbacks,
except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed,
provided no recreational vehicle is parked so as to prevent access by emergency responders to
all sides of a structure.
D. Approved durable uniform surfaces outside of structures on -site may cover a maximum
of 1,200 square feet or 10% of the lot surface, whichever is greater.
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement on the effective date of this ordinance may be maintained, but shall not be
expanded.
F. Single - family properties on pre - existing, legal lots of record containing less than 6,500
square feet are exempt from the requirements of 8.25.020D.
Section 2. Section Added. A new section is added to TMC Chapter 17.16 to read as follows:
17.16.070 Expiration
If the binding site improvement plan is not recorded within one year of the date of the
preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant
prior to the expiration date, the Short Subdivision Committee may grant one extension of not
more than one year.
Section 3. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.073, "Definitions," are amended to read as follows:
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short -
term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities,
hotels and motels, extended -stay hotels or motels, shelters and facilities which provide short- or
long -term care for tenants suffering from physical, mental or other disabilities.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.287 Extended -Stay Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings or portion thereof, the units
of which contain independent provisions for living, eating and sanitation including, but not
limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in
each unit, and are specifically constructed, kept, used, maintained, advertised and held out to
the public to be a place where temporary residence is offered for pay to persons for a minimum
stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or
motels shall not include dwelling units, as defined in this section, for permanent occupancy.
The specified units for extended -stay must conform to the required features, building code, and
fire code provisions for dwelling units as set forth in this code. Nothing in this definition
prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or
motels shall be required to meet the hotel /motel parking requirements. Not included are
institutions housing persons under legal restraint or requiring medical attention or care.
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 2 of 67
Section 5. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.440, "Definitions," are amended to read as follows:
18.06.440 Hotel
"Hotel" means a building or buildings or portion thereof, the units of which are used,
rented or hired out as sleeping accommodations only for the purposes of transitory housing.
Hotel rooms shall have their own private toilet facilities and may or may not have their own
kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for
permanent occupancy. A central kitchen, dining room and accessory shops and services
catering to the general public can be provided. No room may be used by the same person or
persons for a period exceeding 30 calendar days per year. Not included are institutions housing
persons under legal restraint or requiring medical attention or care.
Section 6. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.505, "Definitions," are amended to read as follows:
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive
of street right -of -way, street easement, fire access roads or private access roads except where the
private road serves four or fewer lots.
Section 7. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.585, "Definitions," are amended to read as follows:
18.06.585 Motel
"Motel" means a building or buildings or portion thereof, the units of which are used,
rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A
motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and
similar names but does not include accommodations for travel trailers or recreation vehicles.
Motel rooms shall have their own private toilet facilities and may or may not have their own
kitchen facilities. Motels are distinguished from hotels primarily by reason of providing
adjoining parking and direct independent access to each rental unit. Motels shall not include
dwelling units, as defined in this section, for permanent occupancy. No room may be used by
the same person or persons for a period exceeding 30 calendar days per year. Not included are
institutions housing persons under legal restraint or requiring medical attention or care.
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.682 Religious Facility
"Religious facility" means a facility operated for worship, prayer, meditation or similar
activity by an organization granted tax exempt status by the Federal Internal Revenue Service.
Section 9. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.740, "Definitions," are amended to read as follows:
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot lines
except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24 -inch
overhang may also be allowed for portions of a building (such as a bay window) if approved as
part of design review approval where the overhang provides modulation of the facade.
Section 10. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.795, "Definitions," are amended to read as follows:
18.06.795 Street
"Street" means a public thoroughfare that affords the principal means of access to abutting
properties. Limited access state routes such as I -5, I -405, SR 518, subdivision tracts dedicated for
access, private easements for access and streets that provide no access to abutting properties
shall be considered streets for the purposes of determining the type of lots such as corner or
through lots and their setbacks and landscape requirements.
Section 11. Ordinances Amended. Ordinance Nos. 1989 §2, 1976 §18 and 1758 §1 (part), as
codified at TMC Section 18.10.030, are amended to read as follows:
18.10.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Low - Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 3 of 67
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 12. Ordinances Amended. Ordinance Nos. 2135 §3, 1976 §19, and 1758 §1 (part), as
codified at TMC Section 18.10.040, are amended to read as follows:
18.10.040 Conditional Uses
The following uses may be allowed within the Low - Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager/ owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Cemeteries and crematories.
3. Religious facility and community center buildings.
4. Dormitories
5. Electrical substations -- distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
8. Radio, television, microwave, cellular or observation stations and towers.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 4 of 67
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent
private schools.
Section 13. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section
18.10.055, is amended to read as follows:
18.10.055 Design Review
Design review is required for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses and
standards of an adjacent commercial zone.
Section 14. Ordinances Amended. Ordinance Nos. 1989 §3, 1976 §21, and 1758 §1 (part), as
codified at TMC Section 18.12.030, are amended to read as follows:
18.12.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Medium Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. Minimum lot of 7,200 square feet;
b. Accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. Dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. Minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet, and
f. the units are not sold as condominiums.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per, lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above -
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 15. Ordinances Amended. Ordinance Nos. 2135 §4, 1976 §22, and 1758 §1 (part), as
codified at TMC Section 18.12.040, are amended to read as follows:
18.12.040 Conditional Uses
The following uses may be allowed within the Medium Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 5 of 67
1. Bed and breakfast facilities, provided:
a. the manager/ owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is 12;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility and community center buildings.
5. Convalescent and nursing homes for not over 12 patients.
6. Dormitories.
7. Manufactured /mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the park;
and
d. emergency access shall be subject to the approval of the Tukwila Fire Department.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Libraries, museums or art galleries (public).
11. Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 16. Ordinances Amended. Ordinance Nos. 2005 §1, 1865 §11, and 1758 §1 (part), as
codified at TMC Section 18.12.060, are amended to read as follows:
18.12.060 Design Review
Design review is required for all new multi- family structures, mobile or manufactured
home parks, and for developments in a Commercial Redevelopment Area that propose the uses
and standards of an adjacent commercial zone. Multi- family structures up to 1,500 square feet
will be reviewed administratively.
Section 17. Ordinances Amended. Ordinance Nos. 1989 §4, 1976 §25, and 1758 §1 (part), as
codified at TMC Section 18.14.030, are amended to read as follows:
18.14.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the High - Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 6 of 67
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
5. Home occupations.
6. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
7. Parking areas.
8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 18. Ordinances Amended. Ordinance Nos. 2135 §5, 1976 §26, and 1758 §1 (part), as
codified at TMC Section 18.14.040, are amended to read as follows:
18.14.040 Conditional Uses
The following uses may be allowed within the High- Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager/ owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility and community center buildings.
5. Dormitories.
6. Electrical substations - distribution.
7. Fire and police stations.
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 19. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.16.020, are amended to read
as follows:
18.16.020 Permitted Uses
The following uses are permitted outright within the Mixed -Use Office District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Beauty or barber shops.
3. Bicycle repair shops.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 7 of 67
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening 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. Dwelling - One detached single - family dwelling per existing lot.
11. Dwelling - Multi- family units above office and retail uses.
12. Dwelling - Senior citizen housing as a freestanding use subject to additional
requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry - cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial services.
20. Public parks, trails, picnic areas and playgrounds, but not including amusement parks,
golf courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Religious facility with an assembly area less than 750 square feet.
23. Restaurants, including cocktail lounges in conjunction with a restaurant.
24. 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 sporting goods, and similar items.
25. 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).
26. Schools and studios for education or self improvement.
27. Shelters.
28. Studios - art, photography, music, voice and dance.
29. Telephone exchanges.
30. 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 of the Tukwila Comprehensive Plan.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 8 of 67
Section 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 §1 (part), as codified
at TMC Section 18.16.030, are amended to read as follows:
18.16.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Mixed -Use Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Parking areas.
8. Recreational area and facilities for employees.
9. Residences for security or maintenance personnel.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 21. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6, and 1758 §1
(part), as codified at TMC Section 18.16.040, are amended to read as follows:
18.16.040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Bed and breakfast lodging.
2. Cemeteries and crematories.
3. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
4. Colleges and universities.
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation - distribution.
7. Fire and police stations.
8. Hospitals, sanitariums, or similar institutions.
9. Park - and -ride lots.
10. Radio, television, microwave, or observation stations and towers.
11. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 9 of 67
Section 22. Ordinances Amended. Ordinance Nos. 1976 §30, 1872 §1, 1865 §18, 1830 §7, and
1758 §1 (part), as codified at TMC Section 18.16.080, are amended to read as follows:
18.16.080 Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed and
referenced standards. In the Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback
and landscaping standards may be waived by the Director of Community Development as a
Type 2 decision when an applicant can demonstrate that shared parking is provided. If a
project requires a Type 4 approval process, certain setbacks and landscaping may be waived by
the BAR when an applicant can demonstrate that the number of driveways is reduced,
efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented
space is provided. Landscaping and setback standards may not be waived on commercial
property sides adjacent to residential districts. (See the Tukwila International Boulevard Design
Manual for more detailed directions.)
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit, multi- family (except
senior citizen housing), minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for
further requirements
• Front
15 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
5 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
Recreation space
.
200 sq. ft. per dwelling unit (1,000 sq. ft.
min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off - street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street Parking
& Loading Regulations
• Accessory dwelling unit
See TMC Section 18.16.030, Accessory Uses
• Office, minimum
3 per 1,000 sq. ft. usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft. usable floor area
• Other uses, including senior citizen
housing
See TMC Chapter 18.56, Off - street Parking
& Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise ", and,
(3) adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 10 of 67
Section 23. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.18.020, are amended to read
as follows:
18.18.020 Permitted Uses
The following uses are permitted outright within the Office District, subject to compliance
with all other applicable requirements of the Tukwila 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 pedestrian 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. Libraries, 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. Religious facility with an assembly area less than 750 square feet.
19. Restaurants, including cocktail lounges in conjunction with a restaurant.
20. 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).
21. Schools and studios for education or self- improvement.
22. Shelters.
23. Studios - art, photography, music, voice and dance.
24. Telephone exchanges.
25. 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 of the Tukwila Comprehensive Plan.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 11 of 67
Section 24. Ordinances Amended. Ordinance Nos. 1976 §32, and 1758 §1 (part), as codified
at TMC Section 18.18.030, are amended to read as follows:
18.18.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 25. Ordinances Amended. Ordinance Nos. 2135 §7, 1986 §5, 1976 §33, 1865 §19, 1830
§9, and 1758 §1 (part), as codified at TMC Section 18.18.040, are amended to read as follows:
18.18.040 Conditional Uses
The following uses may be allowed within the Office District, subject to the requirements,
procedures, and conditions established by TMC Section 18.18.64, Conditional Use Permits.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations - distribution.
6. Fire and police stations.
7. Hospitals, sanitariums, or similar institutions.
8. Park - and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 12 of 67
Section 26. Ordinances Amended. Ordinance Nos. 2097 §12, 1976 §36 and 1758 §1 (part), as
codified at TMC Section 18.20.020, are amended to read as follows:
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
11. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate
g. commercial
12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
13. Religious facility with an assembly area less than 750 square feet.
14. 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 sporting goods, and similar items.
15. Schools and studios for education or self- improvement.
16. Studios - art, photography, music, voice and dance.
17. 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 of the Tukwila Comprehensive Plan.
Section 27. Ordinances Amended. Ordinance Nos. 1976 §37 and 1758 §1 (part), as codified
at TMC Section 18.20.030, are amended to read as follows:
18.20.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Residential Commercial Center District.
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 13 of 67
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities or schools.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 28. Ordinances Amended. Ordinance Nos. 2135 §8, 1976 §38, 1814 §3 and 1758 §1
(part), as codified at TMC Section 18.20.040, are amended to read as follows:
18.20.040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Brew pubs.
2. Convalescent and nursing homes for not more than 12 patients.
3. Fire and police stations.
4. Fraternal organizations.
5. Libraries, museums or art galleries (public).
6. Radio, television, microwave, or observation stations and towers.
7. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
8. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
9. Restaurants, including cocktail lounges in conjunction with a restaurant.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 29. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11,
1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.22.020, are amended to read as
follows:
18.22.020 Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 14 of 67
6. Bus stations.
7. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and/or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant 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, ink, paints, paper,
plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting the
City's performance standards and offering their services to the local populace on a walk -in
basis;
g. businesses that service and repair the above products, that are entirely enclosed
within a building, offering their services to the local populace on a walk -in basis and meeting
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 nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling - One detached single - family dwelling per existing lot.
13. Dwelling - Multi- family units above office, and retail uses.
14. Financial:
a. banking
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- service
b. dry - cleaning
c. tailor, dyeing
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, or three stories in the Urban Redevelopment Area along Tukwila
International Boulevard, 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
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. Plumbing shops (no tin work or outside storage).
25. Recreation facilities (commercial - indoor), athletic or health clubs.
26. Religious facility with an assembly area less than 750 square feet.
27. Restaurants, including cocktail lounges in conjunction with a restaurant.
W: \Word Processing \Ordinances \Title 18 Zoning Code Arnend.doc
MD:ksn 09/29/2009
Page 15 of 67
28. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
29. 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 sporting goods, and similar items.
30. Schools and studios for education or self- improvement.
31. Studios - art, photography, music, voice and dance.
32. Telephone exchanges.
33. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or
warehousing.
35. 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 of the Tukwila Comprehensive Plan.
Section 30. Ordinances Amended. Ordinance Nos. 1976 §41 and 1758 §1 (part), as codified
at TMC Section 18.22.030, are amended to read as follows:
18.22.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Neighborhood Commercial Center
District.
1. Billiard or pool rooms.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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.
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 16 of 67
Section 31. Ordinances Amended. Ordinance Nos. 2135 §9, 1865 §23, 1830 §12 and 1758 §1
(part), as codified at TMC Section 18.22.040, are amended to read as follows:
18.22.040 Conditional Uses
The following uses may be allowed within the Neighborhood Commercial Center District,
subject to the requirements, procedures, and conditions established by TMC Chapter 18.64,
Conditional Use Permits.
1. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
2. Colleges and universities.
3. Convalescent and nursing homes for more than 12 patients.
4. Electrical substations - distribution.
5. Fire and police stations.
6. Park - and -ride lots.
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 32. Ordinances Amended. Ordinance Nos. 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830
§14, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.24.020, are amended to read
as follows:
18.24.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this Chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following: foods, including but not limited
to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 17 of 67
16. Day care centers.
17. Dwelling -- Multi- family units on a lot that does not front on Tukwila International
Boulevard subject to the HDR requirements of TMC Section 18.50.083, Maximum Building
Length, and TMC Section 18.52.060, 2. -4., Recreation Space Requirements.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 18 of 67
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self- improvement.
47. Self- storage facilities.
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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 of the Tukwila Comprehensive Plan.
Section 33. Ordinances Amended. Ordinance Nos. 1989 §5, 1976 §43 (part) and 1758 §1
(part), as codified at TMC Section 18.24.030, are amended to read as follows:
18.24.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 34. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3, 1865 §28, 1830 §15 and
1758 §1 (part), as codified at TMC Section 18.24.040, are amended to read as follows:
18.24.040 Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
W: \Word Processing\ Ordinances\ Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 19 of 67
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Internet data/ telecommunication centers.
12. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
13. Park - and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 35. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814
§2 (part) and 1758 §1 (part), as codified at TMC Section 18.26.020, are amended to read as
follows:
18.26.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial Mixed -Use
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package foods, including but not limited to baked
goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen
foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Dwelling - Multi- family units above office and retail uses.
18. Extended -stay hotel /motel.
19. Financial:
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 20 of 67
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and/or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self- improvement.
47. Self- storage facilities.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 21 of 67
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 36. Ordinances Amended. Ordinance Nos. 1989 §6, 1986 §5, 1976 §49 and 1758 §1
(part), as codified at TMC Section 18.26.030, are amended to read as follows:
18.26.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 37. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18,
and 1758 §1 (part), as codified at TMC Section 18.26.040, are amended to read as follows:
18.26.040 Conditional Uses
The following uses may be allowed within the Regional Commercial Mixed -Use District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums or similar institutions.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 22 of 67
11. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
12. Park - and -ride lots.
13. Pawnbrokers.
14. Radio, television, microwave, or observation stations and towers.
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 38. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.020, is amended to read as follows:
18.28.020 Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used
car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Extended -stay hotel /motel.
18. Financial:
a. banking
b. mortgage
c. other services
19. Fix -it, radio or television repair shops /rental shops.
20. Fraternal organizations.
21. Frozen food lockers for individual or family use.
22. Greenhouses or nurseries (commercial).
23. Heavy equipment repair and salvage.
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
W: \Word Processing\ Ordinances\ Tide 18 Zoning Code Amend,doc
MD:ksn 09/29/2009
Page 23 of 67
26. Internet data /telecommunication centers
27. Laundries;
a. self- service
b. dry cleaning
c. tailor, dyeing
28. Libraries, museums or art galleries (public).
29. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
30. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
31. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
32. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
33. Medical and dental laboratories.
34. Mortician and funeral homes.
35. Motels.
36. 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
37. Outpatient, inpatient, and emergency medical and dental.
38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
39. Pawnbrokers
40. Planned shopping center (mall).
41. Plumbing shops (no tin work or outside storage).
42. Railroad tracks. (including lead, spur, loading or storage).
43. Recreation facilities (commercial - indoor) athletic or health clubs.
44. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
45. Religious facility with an assembly area less than 750 square feet.
46. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
47. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
48. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
49. 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 sporting goods, and similar items.
50. Schools and studios for education or self improvement.
51. Self- storage facilities.
52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 24 of 67
53. Studios - art, photography, music, voice and dance.
54. Taverns, nightclubs.
55. Telephone exchanges.
56. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
57. Warehouse storage and /or wholesale distribution facilities.
58. 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 of the Tukwila Comprehensive Plan.
Section 39. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.030, is amended to read as follows:
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 40. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2 (part), as
codified at TMC Section 18.28.040, are amended to read as follows:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Bed - and - breakfast lodging; 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. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi- family units (max. 22.0 units /acre except senior citizen housing which
is allowed to 100 units /acre, as a mixed -use 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 animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
9. Transit - oriented development housing (which is allowed to 65 units /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.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 25 of 67
10. Drive -in theaters.
11. Electrical substations - distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
15. Park - and -ride lots.
16. Radio, television, microwave, or observation stations and towers.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private schools.
Section 41. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830
§23, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.30.020, are amended to read
as follows:
18.30.020 Permitted Uses
The following uses are permitted outright within the Commercial Light Industrial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 26 of 67
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Day care centers.
18. Extended -stay hotel /motel
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Heavy equipment repair and salvage.
25. Hotels.
26. Industries involved with etching, film processing, lithography, printing, and publishing.
27. Internet data/ telecommunication centers
28. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
29. Libraries, museums or art galleries (public).
30. Manufacturing, processing and / or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
31. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
32. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical
b. dental
c. government, excluding fire and police
d. stations
e. professional
f. administrative
g. business, such as travel, real estate
h. commercial
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 27 of 67
39. Outpatient, inpatient, and emergency medical and dental.
40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Railroad tracks, (including lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor) - athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
52. 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 sporting goods, and similar items.
53. 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.
54. Salvage and wrecking operations that are entirely enclosed within a building.
55. Schools and studios for education or self improvement.
56. Self- storage facilities.
57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
58. Studios - art, photography, music, voice and dance.
59. Taverns, nightclubs.
60. Telephone exchanges.
61. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
62. Tow truck operations, subject to all additional State and local regulations.
63. Truck terminals.
64. Warehouse storage and /or wholesale distribution facilities.
65. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 42. Ordinances Amended. Ordinance Nos. 1989 §8, 1976 §52 and 1758 §1 (part), as
codified at TMC Section 18.30.030, are amended to read as follows:
18.30.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Commercial Light Industrial District.
1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 28 of 67
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 43. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1
(part), as codified at TMC Section 18.30.040, are amended to read as follows:
18.30.040 Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
12. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
14. Park -and -ride lots.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 44. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11, 1974 §7, 1971 §14, 1814
§2 (part), 1774 §1 and 1758 §1 (part), as codified at TMC Section 18.32.020, are amended to read
as follows:
18.32.020 Permitted Uses
The following uses are permitted outright within the Light Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 29 of 67
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix -it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data /telecommunication centers.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 30 of 67
29. Manufacturing, processing and/or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
31. Manufacturing, processing and/or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
32. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tiles, and woods.
33. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
34. Medical and dental laboratories.
35. Mortician and funeral homes.
36. Motels.
37. 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
38. Outpatient, inpatient, and emergency medical and dental.
39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
40. Pawnbrokers.
41. Planned shopping center (Mall).
42. Plumbing shops (no tin work or outside storage).
43. Railroad tracks (including lead, spur, loading or storage).
44. Recreation facilities (commercial - indoor) - athletic or health clubs.
45. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
46. Religious facility with an assembly area less than 750 square feet.
47. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
50. 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 sporting goods, and similar items.
51. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lum-
ber /building materials, lawn and garden supplies, farm 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 building.
54. Schools and studios'for education or self improvement.
55. Self- storage facilities.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 31 of 67
56. Storage (outdoors) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
57. Taverns, nightclubs.
58. Telephone exchanges.
59. Theaters, excluding "adult entertainment establishments," as defined by this Code.
60. Tow truck operations, subject to all additional State and local regulations.
61. Truck terminals.
62. Warehouse storage and /or wholesale distribution facilities.
63. 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 of the Tukwila Comprehensive Plan.
Section 45. Ordinances Amended. Ordinance Nos. 1976 §54 and 1758 §1 (part), as codified
at TMC Section 18.32.030, are amended to read as follows:
18.32.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Light Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 46. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1 (part), as
codified at TMC Section 18.32.040, are amended to read as follows:
18.32.040 Conditional Uses
The following uses may be allowed within the Light Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hospitals, sanitariums, or similar institutions.
10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
11. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
12. Park - and -ride lots.
13. Radio, television, microwave, or observation stations and towers.
14. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
W: \Word Processing\ Ordinances \ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 32 of 67
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 47. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814
§2 (part), 1774 §2 and 1758 §1 (part), as codified at TMC Section 18.34.020, are amended to read
as follows:
18.34.020 Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
W: \Word Processing\ Ordinances \ Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 33 of 67
a. banking
b. mortgage
c. other services
18. Fix -it, radio or television repair shops /rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data /telecommunication centers.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
29. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
31. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
42. Pawnbrokers.
43. Planned shopping center (mall).
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 34 of 67
44. Plumbing shops (no tin work or outside storage).
45. Railroad tracks, (including lead, spur, loading or storage).
46. Recreation facilities (commercial - indoor), athletic or health clubs.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. 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 sporting goods, and similar items.
52. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
53. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
54. 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.
55. Salvage and wrecking operations.
56. Schools and studios for education or self - improvement.
57. Self- storage facilities.
58. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Taverns, nightclubs.
61. Telephone exchanges.
62. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
63. Tow truck operations, subject to all additional State and local regulations.
64. Truck terminals.
65. Warehouse storage and /or wholesale distribution facilities.
66. 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 of the Tukwila Comprehensive Plan.
Section 48. Ordinances Amended. Ordinance Nos. 1971 §55 and 1758 §1 (part), as codified
at TMC Section 18.34.030, are amended to read as follows:
18.34.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Heavy Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
W: \Word Processing \Ordinances \Title 18 Zoning Code Arnend.doc
MD:ksn 09/29/2009
Page 35 of 67
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 49. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 (part) and 1758 §1
(part), as codified at TMC Section 18.34.040, are amended to read as follows:
18.34.040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with
state siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals, sanitariums, or similar institutions.
11. Park - and -ride lots.
12. Radio, television, microwave, or observation stations and towers.
13. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
Section 50. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954
§2, 1814 §2 (part), 1774 §3 and 1758 §1 (part), as codified at TMC Section 18.36.020, are amended
to read as follows:
18.36.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial
Center /Light Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 36 of 67
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Commercial laundries.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel.
11. Heavy equipment repair and salvage.
12. Hotels.
13. Industries involved with etching, film processing, lithography, printing, and publishing.
14. Internet data /telecommunication centers.
15. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Manufacturing, processing and/or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
18. Manufacturing, processing and/or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
19. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
20. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
21. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
22. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
23. Motels.
24. Offices including but not limited to software development and similar uses, financial
services, schools and studios for education or self- improvement less than 20,000 square feet.
25. Outpatient, inpatient, and emergency medical and dental.
26. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
27. Railroad tracks, (including lead, spur, loading or storage).
28. Recreation facilities (commercial - indoor) - athletic or health clubs.
29. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
30. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
31. Research and development facilities.
32. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 37 of 67
33. 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.
34. Salvage and wrecking operations which are entirely enclosed within a building.
35. Self- storage facilities.
36. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
37. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
38. Taverns, nightclubs.
39. Telephone exchanges.
40. Tow truck operations, subject to all additional State and local regulations.
41. Truck terminals.
42. Warehouse storage and /or wholesale distribution facilities.
43. 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 of the Tukwila Comprehensive Plan.
Section 51. Ordinances Amended. Ordinance Nos. 1976 §56 and 1758 §1 (part), as codified
at TMC Section 18.36.030, are amended to read as follows:
18.36.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 52. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971
§16, 1814 §2 (part), 1774 §4 and 1758 §1 (part), as codified at TMC Section 18.38.020, are
amended to read as follows:
18.38.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center -
Heavy Industrial District, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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:
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 38 of 67
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Computer software development and similar uses.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel.
11. Financial:
a. banking
b. mortgage
c. other services
12. Heavy equipment repair and salvage.
13. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop
hammering.
14. Hotels.
15. Industries involved with etching, film processing, lithography, printing, and publishing.
16. Internet data/ telecommunication centers.
17. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
18. Libraries, museums or art galleries (public).
19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
20. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
21. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
22. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
23. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
24. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 39 of 67
25. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
26. Manufacturing, processing, assembling, packaging and/or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
27. Motels.
28. Offices; must be associated with another permitted uses (e.g., administrative offices for a
manufacturing company present within the MIC).
29. Outpatient, inpatient, and emergency medical and dental.
30. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
31. Railroad tracks, (including lead, spur, loading or storage).
32. Recreation facilities (commercial - indoor), athletic or health clubs.
33. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
34. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
35. Research and development facilities.
36. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
37. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
38. 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.
39. Salvage and wrecking operations.
40. Schools and studios for education or self- improvement.
41. Self- storage facilities.
42. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
43. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
44. Taverns, nightclubs.
45. Telephone exchanges.
46. Tow truck operations, subject to all additional State and local regulations.
47. Truck terminals.
48. Warehouse storage and /or wholesale distribution facilities.
49. 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 of the Tukwila Comprehensive Plan.
Section 53. Ordinances Amended. Ordinance Nos. 1976 §57 and 1758 §1 (part), as codified
at TMC Section 18.38.030, are amended to read as follows:
18.38.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as universities, colleges or schools.
3. Parking areas.
W:\ Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009.
Page 40 of 67
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 54. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15,
1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1 (part), as codified at TMC Section
18.40.020, are amended to read as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading
Regulations."
13. Computer software development and similar uses.
14. Contractor storage yards.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 41 of 67
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwelling - One detached single - family unit per existing lot (includes factory built or
modular home that meets UBC).
19. Extended -stay hotel /motel.
20. Farming and farm - related activities.
21. Financial:
a. banking
b. mortgage
c. other services
22. Fix -it, radio or television repair shops /rental shops.
23. Fraternal organizations.
24. Frozen food lockers for individual or family use.
25. Greenhouses or nurseries (commercial).
26. Heavy equipment repair and salvage.
27. Hotels.
28. Industries involved with etching, film processing, lithography, printing, and publishing.
29. Internet data/ telecommunication centers.
30. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
31. Libraries, museums or art galleries (public).
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
45. Railroad tracks, (including lead, spur, loading or storage).
46. Recreation facilities (commercial - indoor), athletic or health clubs.
W: \Word Processing \Ordinances \Title 18 Zoning Code Arnend.doc
MD:ksn 09/29/2009
Page 42 of 67
47. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
48. Religious facility with an assembly area of less than 750 square feet.
49. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
50. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
51. Research and development facilities.
52. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
53. 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 sporting goods, and similar items.
54. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
55. 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.
56. Salvage and wrecking operations that are entirely enclosed within a building.
57. Schools and studios for education or self- improvement.
58. Self- storage facilities.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Studios - art, photography, music, voice and dance.
61. Taverns, nightclubs.
62. Telephone exchanges.
63. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
64. Tow truck operations, subject to all additional State and local regulations.
65. Truck terminals.
66. Warehouse storage and /or wholesale distribution facilities.
67. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 55. Ordinances Amended. Ordinance Nos. 1976 §59 and 1758 §1 (part), as codified
at TMC Section 18.40.030, are amended to read as follows:
18.40.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila Valley South District, as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property,
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 43 of 67
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed_ by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 56. Ordinances Amended. Ordinance Nos. 2135 §18, 1865 §46, 1830 §26 and 1758 §1
(part), as codified at TMC Section 18.40.040, are amended to read as follows:
18.40.040 Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Dwelling - Multi- family units (maximum 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use 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.
9. Electrical substations -- distribution.
10. Fire and police stations.
11. Hospitals, sanitariums, or similar institutions.
12. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
14. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
15. Manufacturing, processing and/or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
16. Park - and -ride lots.
17. Radio, television, microwave, or observation stations and towers.
18. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
19. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
21. Salvage and wrecking operations.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 44 of 67
22. Schools, preschool, elementary, junior or high schools (public), and equivalent private
schools.
23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
Section 57. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.020, is amended to read as follows:
18.41.020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult day care.
2. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following 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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
3. Amusement parks.
4. 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.
5. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
6. Beauty or barber shops.
7. Bed and breakfast lodging.
8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenters shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Day care centers.
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 45 of 67
19. Dwelling (allowed after residential design manual with criteria for approval is adopted
by ordinance):
a. one detached single- family unit per lot
b. multi- family
c. multi- family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution.
21. Extended -stay hotel /motel.
22. Farming and farm - related activities.
23. Financial:
a. banking
b. mortgage
c. other services
24. Fire and police stations.
25. Fix -it, radio or television repair shops /rental shops.
26. Fraternal organizations.
27. Frozen food lockers for individual or family use.
28. Greenhouses or nurseries (commercial).
29. Hospitals, sanitariums and similar uses.
30. Hotels.
31. Industries involved with etching, film processing, lithography, printing, and publishing.
32. Internet data telecommunication centers.
33. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
d. commercial
34. Libraries, museums or art galleries (public).
35. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
36. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
37. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
38. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
39. Medical and dental laboratories.
40. Motels.
41. Movie theaters with three or fewer screens.
42. Neighborhood stormwater detention and treatment facilities.
43. Offices, including:
a.
b.
c.
d.
e.
f.
g.
medical
dental
government, excluding fire and police stations
professional
administrative
business, such as travel, real estate
commercial
44. Outpatient, inpatient, and emergency medical and dental.
45. Pawnbrokers.
46. Planned shopping center (mall) up to 500,000 square feet.
47. Plumbing shops (no tin work or outside storage).
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 46 of 67
48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
49. Private stable.
50. Recreation facilities (commercial - indoor), athletic or health clubs.
51. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
52. Religious facility with an assembly area of less than 750 square feet.
53. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
54. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
55. Research and development facilities.
56. Restaurants, including:
a. drive - through
b. sit down, cocktail lounges in conjunction with a restaurant
57. 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 sporting goods, and similar items.
58. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
59. 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.
60. Schools and studios for education or self- improvement.
61. Self- storage facilities.
62. Sewage lift stations.
63. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
64. Studios - art, photography, music, voice and dance.
65. Taverns, nightclubs.
66. Telephone exchanges.
67. Theaters for live performances only, not including adult entertainment establishments.
68. Tow truck operations, subject to all additional State and local regulations.
69. Water pump station.
70. Vehicle storage (no customers on site; does not include park- and -fly operations).
71. 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 of the Tukwila Comprehensive Plan.
Section 58. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.030, is amended to read as follows:
18.41.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila South Overlay District as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 47 of 67
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences forssecurity or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other uses permitted outright within this
district this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 59. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.040, is amended to read as follows:
18.41.040 Conditional Uses
The following uses may be allowed within the Tukwila South Overlay District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title and subject to a determination that the use is consistent with and furthers the vision
and principles established by the Tukwila South Master Plan.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
3. Helipads, accessory.
4. Utilities, regional.
5. Mortician and funeral homes.
6. Park - and -ride lots.
7. Radios, television, microwave, cellular or observation stations and towers.
8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
9. Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
11. Other uses not specifically listed in this title, which the Director determines to
be:
a. similar in nature to and compatible with other conditional uses permitted 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 60. Section Added. A new section is added to TMC Chapter 18.50 to read as
follows:
18.50.200 Peer Review of Technical Studies
The Department of Community Development will review all technical information
submitted as part of any application to verify it meets all requirements of the Tukwila
Municipal Code. At the discretion of the Director, any technical studies required as part of the
application including, but not limited to, noise reports, lighting plans, and parking demand
studies, may undergo peer review at the expense of the applicant.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 48 of 67
Section 61. Ordinances Amended. Ordinance Nos. 2235 §13 and 1852 §14, as codified at
TMC Section 18.52.020, are amended to read as follows:
18.52.020 Perimeter Landscaping Requirements by Zone District
A. In the various zone districts of the City, landscaping in the front, rear and side yards
shall be provided as established by the various zone district chapters of this title. These
requirements are summarized in the following table.
Zoning Districts
Front Yard
(Second
Front)
Landscape
Type for
Fronts
Side
Yard
Rear
Yard
Landscape
Type for
Side/Rear
LDR (for uses other
than dwelling units)
15 (2)
Type I
10
10
Type I
MDR
15 (1,2)
Type I
10
10
Type I
HDR
15 (1.2)
Type I
10
10
Type I
MUO
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
0
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
RCC
20 (10) (2,3)
Type I (6)
5 (3)
10
Type II
NCC
5 (4)
Type I (6)
0 (3)
0 (3)
Type II
RC
10
Type I
5 (3)
0 (3)
Type II (7)
RCM
10
Type I
5 (3)
0 (3)
Type II (7)
TUC
15 (3)
Type I (5)
0 (3)
0 (3)
Type II (7)
C/ LI
12.5 (5)
Type I (5)
5 (4)
0 (4)
Type II (7)
LI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
HI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
MIC /L
5 (5)
Type II
0 (4)
0 (4)
Type III
MIC /H
5 (5)
Type II
0 (4)
0 (4)
Type III
TVS
15 (2,3)
Type II
0 (3)
0 (3)
Type III
TSO
15 (8,2)
Type I
0 (9)
0 (9)
Type III
Notes:
(1) Minimum required front yard landscaped areas in the MDR and HDR zones may
have up to 20% of their required landscape area developed for pedestrian and transit facilities
upon approval as a Type 2 special permission decision.
(2) In order to .provide flexibility of the site design while still providing the full amount
of landscaping required by code, the front yard landscape width may be divided into a
perimeter strip and one or more other landscape areas between the building and the front
property line, if the perimeter strip is a minimum of ten feet and the landscape materials are
sufficient to provide landscaping along the perimeter and screening of the building mass.
(3) Required landscaping may include a mix of plant materials, pedestrian amenities
and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2
special permission decision. Required plant materials will be reduced in proportion to the
amount of perimeter area devoted to pedestrian oriented space.
(4) Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(5) Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(6) Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
(7) Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
(8) Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
(9) Only required along public streets.
(10) Increased to 10 feet if adjacent to residential uses or non -TSO zoning.
B. The landscape perimeter may be averaged if the total required square footage is
achieved, unless the landscaping requirement has been increased due to proximity to LDR,
MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission
decision if all of the following criteria are met:
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 49 of 67
1. Plant material can be clustered to more effectively screen parking areas and blank
building walls.
2. . Perimeter averaging enables significant trees or existing built features to be retained.
3. Perimeter averaging is used to reduce the number of driveways and curb cuts and
allow joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities on the
site become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
Section 62. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section
18.52.030, is amended to read as follows:
18.52.030 Perimeter Landscape Types
A. Type I landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation
between uses and zoning districts, screen parking areas, and allow views to building entryways
and signage.
2. Plant materials shall consist of the following:
a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a
planted berm at least 24 inches high; and
c. Living groundcover to cover 90% of the landscape area within three years.
B. Type II landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and parking areas, and allow
views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; and
c. Living groundcover to cover 90% of the landscape area within three years.
C. Type III landscape perimeter.
1. Purpose is to provide extensive visual separation between industrial areas and
nearby residential areas.
2. Plant materials shall consist of the following:
a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and
b. Shrubs to provide a solid planting screen with a height of five to eight feet or a
solid wooden fence or masonry wall to be approved by the Community Development Director;
and
c. Living groundcover to cover 90% of the landscape area within three years.
D. Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association - ANLA), and shall be healthy, vigorous, and well - formed,
with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be
free from damage caused by temperature extremes, lack of excess moisture, insects, disease, and
mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be
habituated to outdoor environmental conditions (hardened -off).
2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
3. Deciduous trees shall be used to allow visual access to entryways, signage and
pedestrian use areas.
4. Evergreen shrubs shall be used to screen parking lots along street frontages.
5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be
evergreen.
6. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
7. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined
according to the American Standard for Nursery Stock.
8. Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current King County Noxious Weed list may be used.
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 50 of 67
10. Existing vegetation may be used to meet the requirements of this chapter. All
significant trees located within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a safety hazard as determined by the
Community Development Director shall be retained.
11. The classification of plant material as trees, shrubs and evergreens shall be as listed
in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada.
Section 63. Ordinance Amended. Ordinance No. 2235 §14 (part), as codified at TMC Section
18.52.035, is amended to read as follows:
18.52.035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below.
1. Requirements for each distinctly separate parking area within the LDR zone for uses
other than dwelling units, and in the MDR and HDR zones:
a. For areas with up to 20 parking stalls per parking area, no interior landscaping is
required.
b. For areas with 21 -40 parking stalls per parking area, 7 square feet of interior
landscape area is required for each parking stall.
c. For areas with more than 40 parking stalls per parking area, 12 square feet of
interior landscape area is required for each parking stall (see Multi- Family Design Guidelines,
Site Planning Section, No. 31 for the normal 15 square feet to be provided).
d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet
wide with an average width of 5 feet.
2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones:
a. For lots with up to 20 parking stalls, no interior landscaping is required.
b. For lots with 21 -40 parking stalls, a minimum of 10 square feet of interior
landscape area is required for each parking stall over 20.
c. For lots with more than 40 parking stalls, a minimum of 200 square feet of
interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas
placed behind buildings or otherwise screened from streets, parks and City trails the interior
landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each
parking stall over 40.
3. Requirements for parking lots within the RC, RCM, TUC, C /LI, TSO and TVS zones:
a. For areas adjacent to public or private streets, a minimum of 15 square feet of
landscaping is required for each parking stall.
b. For areas placed behind buildings or otherwise screened from streets, parks and
City trails a minimum of 10 square feet of interior landscape area is required for each parking
stall.
4. Planting Standards:
a. Interior landscape islands shall be distributed to break up expanses of paving.
Landscaped areas shall be placed at the ends of each interior row in the parking area with no
stall more than 10 stalls or 100 feet from a landscape area.
b. The minimum size for interior parking lot planting islands is 100 square feet.
c. Planting islands shall be a minimum of 6 feet in any direction and generally the
length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to prevent
plant material from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous tree is required per landscape island
with the remaining area to contain a combination of shrubs, living groundcover and mulch.
Section 64. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section
18.52.040, is amended to read as follows:
18.52.040 General Landscape and Screening Requirements
A. Appropriate plant materials. New plant materials shall include native species or non-
native species that have adapted to the climatic conditions of the Puget Sound Region and are
suited to the planting site, taking into account final plant size, stresses such as heat or freezing,
space for planting, overhead lines or underground utilities present and shade or sun exposure.
Drought resistant species are encouraged, except where site conditions within the required
landscape areas assure adequate moisture for growth. Grass may be used as a groundcover
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 51 of 67
where existing or amended soil conditions assure adequate moisture for growth. Landscape
perimeter trees should be selected for compatibility with existing plant material or street trees.
B. Site preparation. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term health and survival and
shall include incorporation and tilling in of organic material to a depth of 18 inches and
mulching.
C. Coverage standards. All landscaped areas in the MDR and HDR zones (including shrub
beds) shall achieve 90% live ground coverage in three years and all areas not occupied by a
building (including surface parking areas) shall achieve 40% horizontal tree coverage in ten
years.
D. Visibility. The landscaping shall not obstruct view from or into the driveway, sidewalk
or street. Landscape design shall allow for surveillance from streets and buildings and avoid
creating areas that might harbor criminal activity. No shrubs shall be planted or allowed to
grow over two feet in height within thirty feet of intersecting curblines or pavement edges (see
TMC Section 11.20.090). No tree may be planted within two feet of a sidewalk or pavement
edge.
E. Outside storage areas. Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall be a minimum of eight feet high
and not less than 60% of the height of the material stored. Said screens shall be specified on the
plot plan and approved by the Community Development Director. Except in the MDR and
HDR zones, where outdoor storage shall be fully screened from all public roadways and
adjacent parcels with a sight obscuring structure equal in height to the stored objects and with a
solid screen of exterior landscaping. A top screen cover may be exempted if the item(s) has a
finished top and an equivalent design quality is maintained. The screening structure shall
reflect building architecture as determined by the BAR to be appropriate.
F. Ground level mechanical equipment and garbage storage areas shall be screened with
evergreen plant materials and /or fences or masonry walls.
G. Fences. All fences shall be placed on the interior side of any required perimeter
landscaping.
H. Lighting. Trees shall not be planted in locations where they would obstruct existing or
planned street or site lighting.
I. Automatic irrigation. All landscape areas shall be served by an automatic irrigation
system. Water conservation features such as moisture sensors with automatic rain shut -off
devices, automatic timers, pressure regulating devices, backflow prevention devices, separate
irrigation zones for grass and planting beds, and sprinkler heads matched to site and plant
conditions shall be installed. Irrigation water shall be applied with goals of avoiding runoff and
overspray onto adjacent property, non irrigated areas and impervious surfaces.
J. Utility easements. Utility easements and other similar areas between property lines and
curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing
such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In
areas of overhead transmission lines, no shrubs or trees over 20 feet at maturity will be allowed.
Trees should not be planted within 10 feet of underground water, sewer or storm drainage
pipes.
Section 65. Ordinances Amended. Ordinance Nos. 1971 §19 and 1872 §14 (part), as codified
at TMC Section 18.52.050, are amended to read as follows:
18.52.050 Landscape Plan Requirements
A. A Washington State licensed landscape architect shall prepare and stamp the landscape
plans in accordance with the standards herein. Detailed plans for landscaping and screening
shall be submitted with plans for building and site improvements. Included in the plans shall be
type, quantity, spacing and location of plants and materials, site preparation and specifications
for soils and mulches, location of all overhead and underground utilities (so as to avoid
conflicts with proposed planting locations), typical planting details and the location of irrigation
systems.
B. Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the certificate of
occupancy. If necessary due to weather conditions or construction scheduling the installation
may be postponed to the next planting season if approved by the Community Development
Director and stated on the building permit. A performance assurance device equal to 150% of
the cost of the labor and materials must be provided to the City before the deferral is approved.
The property owner shall keep all planting areas free of weeds and trash and replace any
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 52 of 67
unhealthy or dead plant materials for the life of the project in conformance with the intent of the
approved landscape plan and TMC Section 8.28.180.
Section 66. Ordinances Amended. Ordinance Nos. 1795 §3 (part) and 1758 §1 (part), as
codified at TMC Section 18.56.040, are amended to read as follows:
18.56.040 General Requirements
Any required off - street parking and loading facilities shall be developed in accordance with
the following standards:
1. Location. Any on- premises parking area which contains parking stalls located more
than 1,000 feet from the principal use shall require Board of Architectural Review approval for
the entire parking lot.
2. Minimum parking area dimensions for surface and structured parking facilities shall
be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot
landscaping overhang to count towards the stall length.
3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where one car
is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two
bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem
parking spaces will be designed for full size rather than compact size vehicles based on the
dimensions in Figure 18 -6.
4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off - street
parking spaces shall not exceed 5 %. The slope of entrance and exit driveways providing access
for off - street parking areas and internal driveway aisles without parking stalls shall not exceed
15 %.
5. Driveways and maneuverability.
a. Adequate ingress to and egress from each parking space shall be provided
without moving another vehicle and without backing more than 50 feet.
b. Turning and maneuvering space shall be located entirely on private property
unless specifically approved by the Public Works Director and the Board of Architectural
Review.
c. All parking spaces shall be internally accessible to one another without
reentering adjoining public streets.
d. When off - street parking is provided in the rear of a building and a driveway or
lane alongside the building provides access to rear parking area, such driveway shall require a
minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the
building, curbed or raised six inches above the driveway surface.
e. Ingress and egress to any off - street parking lot shall not be located closer than 20
feet from point of tangent to an intersection.
f. The Public Works Director or Planning Commission may require ingress
separate from an egress for smoother and safer flow of traffic.
6. The Director may require areas not designed or approved for parking to be
appropriately marked and /or signed to prevent parking.
7. Surface.
a. The surface of any required off - street parking or loading facility shall be paved
with asphalt, concrete or other similar approved material(s) and shall be graded and drained as
to dispose of all surface water, but not across sidewalks.
b. All traffic - control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car stalls and
direction of traffic.
d. Where pedestrian walks are used in parking lots for the use of foot traffic only,
they shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will not
protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel
stops shall be two feet from the end of the stall of head -in parking.
8. Parallel parking stalls shall be designed so that doors of vehicles do not open onto
the public right -of -way.
9. Obstructions. No obstruction which would restrict car door opening shall be
permitted within five feet of the centerline of a parking space.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 53 of 67
10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11. Curb -cuts. All parking areas shall have specific entrance and /or exit areas to the
street. The width of access roads and curb -cuts shall be determined by the Public Works
Director. The edge of the curb -cut or access road shall be as required by the Public Works
Director for safe movement of vehicles or pedestrians. Curb -cuts in single - family districts shall
be limited to a maximum of 20 feet in width and the location shall be approved by the Public
Works Director.
12. Parking stalls shall not be used for permanent or semi- permanent parking or storage
of trucks or materials.
Section 67. Ordinances Amended. Ordinance Nos. 1795 §3 and 1758 §1 (part), as codified at
TMC Section 18.56.050, are amended to read as follows:
18.56.050 Required Number of Parking Spaces
The minimum number of off - street parking spaces for the listed uses shall be as shown in
Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or
primary use. Any additional uses, either secondary or accessory in nature, must have parking
available that does not impact the minimum parking of the original or primary use. This
extends to parking spaces used for park -and -fly lots or use of parking for storage or outdoor
display.
Figure 18 -7 - Required Number of Parking Spaces for Automobiles and Bicycles
• Use
Automobile Standard
Bicycle Standard
Single - family and multi-
family dwellings
2 for each dwelling unit that
contains up to 3 bedrooms. 1
additional space for every 2
bedrooms in excess of 3
bedrooms in a dwelling unit.
Additional parking may be
required for home
occupations and accessory
dwelling units as otherwise
proved by this title.
For multi-family, 1 space
per 10 parking stalls, with
a minimum of 2 spaces.
No requirement for single
family.
Senior Citizen Housing
For 15 units or less, 1 space
per dwelling unit. For
dwellings with more than 15
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Religious facilities,
mortuaries and funeral
homes
1 for each 4 fixed seats
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Colleges, Universities,
Vocational Schools and
other post- secondary
educational institutions .
Shall be determined by
Planning Commission,
based on an evaluation of
information concerning
traffic generated by
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Convalescent /nursing /rest
homes
1 for every 4 beds with a
minimum of 10 stalls
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Food stores and markets
1 for each 300 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
High schools
1 for each staff member plus
2 for every 5 students or
visitors
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Hospitals
1 for each bed
1 space per 50 parking
stalls, with a minimum of
2 spaces.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 54 of 67
Hotels, motels and
extended stay
1 for each room, plus one
employee space for each 20
rooms, rounded to the
next highest figure
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Manufacturing
1 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Office, commercial and
professional buildings,
banks, dental and medical
clinics
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Outdoor sports areas
Shall be determined by
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces:
Places of public assembly,
including auditoriums,
exhibition halls,
community clubs,
community centers, and
private clubs
The Director shall determine
the number of required
parking spaces, with a
minimum of 1 space for
every 100 square feet of
assembly area. To ensure
parking adequacy for each
proposal, the Director may
consider the following:
a. A parking study or
documentation paid for by
the applicant and
administered by the City
regarding the actual parking
demand for the proposed
use, or
b. Evidence in available
planning and technical
studies relating to the
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Post offices
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Public facilities, including
libraries, police and fire
stations
Shall be determined by the
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant
1 for each 100 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant, Fast food
1 for each 50 square feet of
usable floor area. Fifty
percent of any outdoor
seating area will be added to
the usable floor area for
parking requirement
calculations.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Retail Sales, Bulk
2.5 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Retail Sales, General
4 for each 1,000 square feet
of usable floor area if located
within the TUC or
TVS zoning districts; 2.5 for
each 1,000 square feet of
usable floor area if
located in any other zoning
district.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
W: \Word Processing\ Ordinances\ Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 55 of 67
Schools, Elementary &
Junior High
1.5 for each staff member
1 space per classroom
Shopping center (mall), planned, per usable floor area size, as listed below
500,000 sq. ft. or larger
5 for every 1,000 square feet
1 space per 50 parking
stalls, with a minimum of 2
spaces.
25,000 - 499,999 sq. ft.
4 for every 1,000 square feet
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Taverns
1 for every 4 persons based
on occupancy load.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Theaters
1 for every 4 fixed seats. If
seats are not fixed, 1 per 3
seats, with concurrence of
Fire Chief, consistent with
maximum allowed
occupancy.
1 space per 100 seats, with a
minimum of 2 spaces.
Warehousing
1 for every 2,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Section 68. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.040, is amended to read as follows:
18.58.040 Permits Required
A. No person may place, construct or modify a wireless communication facility subject to
this Chapter without first having in place a permit issued in accordance with this Chapter.
Except as otherwise provided herein, the requirements of this Chapter are in addition to the
applicable requirements of TMC Title 18.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works
or his /her designee shall review all proposed wireless communication facilities that are totally
within City right -of -way. If a project is both on private or public property and City right -of-
way, the DCD Director shall review the application. Regardless of whether the DCD Director or
the Director of Public Works is reviewing the application, all applications will be reviewed and
evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions
and modification of wireless communication facilities.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall
be based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. Applicants use various methodologies and analyses,
including geographically -based computer software, to determine the specific technical
parameters of the services to be provided utilizing the proposed wireless communication
facilities, such as expected coverage area, antenna configuration, capacity, and topographic
constraints that affect signal paths. In certain instances, a third party expert may be needed to
review the engineering and technical data submitted by an applicant for a permit. The City
may at its discretion require an engineering and technical review as part of a permitting
process. The costs of the technical review shall be borne by the applicant.
H. The selection of the third party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his /her
qualifications. The third party expert review is intended to address interference and public
safety issues and be a site - specific review of engineering and technical aspects of the proposed
wireless communication facilities and /or a review of the applicants' methodology and
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 56 of 67
equipment used, and is not intended to be a subjective review of the site which was selected by
an applicant. Based on the results of the expert review, the City may require changes to the
application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
5. Any specific engineering or technical issues designated by the City.
I. Any decision by the DCD Director, Director of Public Works, or Planning Commission
shall be given substantial deference in any appeal of a decision by the City to either approve,
approve with conditions, or deny any application for a wireless communication facility.
J. No alterations or changes shall be made to plans approved by the Director, Director of
Public Works, or Hearing Examiner without approval from the City. Minor (changes which do
not change the overall project may be approved by the Director as a minor modification.
Section 69. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.050, is amended to read as follows:
18.58.050 Types of Permits — Priority--Restrictions
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate type
of project permit review, as shown in Table A:
TABLE A
Type of Permit Required, Based on Type of Wireless Communication Facility
Zoning(1)
Type of Facility
Residential
Commercial
Industrial
Transmission tower co- location
Type 1
Type 1
Type 1
Adding antennas to an existing tower
Type 1(2)
Type 1(2)
Type 1(2)
Utility pole co- location
Type 2
Type 2
Type 2
Concealed building attached
Type 2(3)
Type 2(3)
Type 1
Non - concealed building attached
Type 2
Type 2
Type 1
New tower or waiver request
Type 3(4)
Type3 (4)
Type 3(4)
(1)
Zoning for any private /public property or right -of -way:
Residential LDR, MDR, or HDR.
Commercial - O, MUO, RCC, NCC, RC, RCM, TUC, C/ LI or TVS.
Industrial - LI, HI, MIC /L, or MIC /H.
(2) Provided the height of the tower does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non - concealed building attached facility, under
TMC Section 18.58.150.
(4) In the event of uncertainty on the type of a wireless facility, the DCD Director shall
have the authority to determine how a proposed facility is incorporated into Table A.
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; most desirable facilities are located toward the top and least desirable
facilities toward the bottom. Any application for a wireless communication facility must follow
the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence
that using a transmission tower co- location is not possible before moving to a utility pole co-
location, and so forth, with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communications facilities are as follows:
• 1. Place antennas on existing structures, such as buildings, towers, water towers, or
electrical transmission towers.
2. Place wireless communication facilities in non - residentially -zoned districts and non-
residential property.
3. Place antennas and towers on public property and on appropriate rights -of -way if
practical, provided that no obligation is created herein for the City to allow the use of City
property or public right -of -way for this purpose.
4. City Property /Public Rights -of -Way. The placement of personal wireless
communication facilities on City -owned property and public rights -of -way will be subject to
other applicable sections of the Tukwila Municipal Code and review by other departments (i.e.,
Public Works, Parks and Recreation, etc.).
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 57 of 67
5. Wireless communication facilities shall not be permitted on property designated as
landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to TMC Section
18.104.060 and the following:
1. Type 1- Applicant shall submit:
a. A completed application form provided by the Department of Community
Development;
b. Four sets of plans prepared by a design professional. The plans shall include a
vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the proposed
project. Minimum size is 8.5" by 11 ". Plans shall be no greater than 24" x 36 ";
c. A letter from the applicant outlining the proposed project and an evaluation
from the applicant with regard to the City's Code requirements;
d. Sensitive Area studies and proposed mitigation (if required);
e. If an outdoor generator is proposed, a report prepared by an acoustical engineer
demonstrating compliance with TMC Chapter 8.22, "Noise "; and
f. SEPA Application (if required).
2. Type 2 - Applicant shall submit all information required for a Type 1 application,
plus the following:
a. Four sets of photo simulations that depict the existing and proposed view of the
proposed facility;
b. Materials board for the screening material;
c. Landscaping plan;
d. Letter from a radio frequency engineer that demonstrates that the facility meets
Federal requirements for allowed emissions;
e. If the facility is located within a residential zone, a report from a radio frequency
engineer explaining the need for the proposed wireless communication facility. Additionally,
the applicant shall provide detailed discussion on why the wireless communication facility
cannot be located within a commercial or industrial zone; and
f. If landscaping is proposed, four sets of a landscaping plan prepared by a
Washington State - licensed architect.
3. Type 3 - The applicant shall submit all the information required for Type 1 and Type
2 applications, plus the following:
a. All information required for new towers under TMC Section 18.58.070;
b. The radio frequency engineer report shall include a discussion of the information
required under TMC Section 18.58.070. The report shall also explain why a tower must be used
instead of any of the other location options outlined in Table 1;
c. Provisions for mailing labels for all property owners and tenants /residents
within 500 feet of the subject property;
d. Engineering plans for the proposed tower;
e. A vicinity map depicting the proposed extent of the service area;
f. A graphic simulation showing the appearance of the proposed tower and
ancillary structures and ancillary facilities from five points within the impacted vicinity. Such
points are to be mutually agreed upon by the Director of DCD and applicant. All plans and
photo simulations shall include the maximum build -out of the proposed facility;
g. Evidence of compliance with minimum Federal Communications Commission
(FCC) requirements for radio frequency emissions;
h. Evidence of compliance with Federal Aviation Administration (FAA) standards
for height and lighting and certificates of compliance from all affected agencies; and
i. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice,
video or data transmission services, including the applicant, and including a description of the
number and types of antennas the tower can accommodate.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 58 of 67
Section 70. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.060, is amended to read as follows:
18.58.060 New Towers
A. New towers are not permitted within the City unless the Hearing Examiner finds that
the applicant has demonstrated by a preponderance of the evidence that:
1. Coverage objective - There exists an actual (not theoretical) significant gap in service,
and the proposed wireless communication facility will eliminate such significant gap in service;
and
2. Alternates - No existing tower or structure, or other feasible site or other alternative
technologies not requiring a new tower in the City, can accommodate the applicant's proposed
wireless communication facility; and
3. Least intrusive: The proposed new wireless communication facility is designed and
located to remove the significant gap in service in a manner that is, in consideration of the
values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehen-
sive Land Use Plan, the least intrusive upon the surrounding area.
B. The Hearing Examiner shall be the reviewing body on the application to construct a new
tower, and shall determine whether or not each of the above requirements are met. Examples of
evidence demonstrating the foregoing requirements include, but are not limited to, the
following:
1. That the tower height is the minimum necessary in order to achieve the coverage
objective;
2. That no existing towers or structures or alternative sites are located within the
geographic area required to meet the applicant's engineering requirements to meet its coverage
objective (regardless of the geographical boundaries of the City);
3. That existing towers or structures are not of a sufficient height or could not
feasibly be extended to a sufficient height to meet the applicant's engineering requirements to
meet its coverage objective;
4. That existing structures or towers do not have sufficient structural strength to
support the applicant's ,proposed antenna and ancillary facilities;
5. That the applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the existing structures
would cause interference with the applicant's proposed antenna;
6. That the fees, costs or contractual provisions required by the owner or operator
in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an
existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding
new tower construction by 25% are presumed to be unreasonable;
7. That an alternative technology that does not require the use of a new tower, such
as a cable microcell network using multiple low- powered transmitters /receivers attached to a
wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable; and
8. The applicant demonstrates other limiting factors that render existing towers and
structures or other sites or alternative technologies unsuitable.
All engineering and technological evidence must be provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence required.
C. The Hearing Examiner, after holding a public hearing, shall either approve, approve
with conditions, or deny the application, or remand the application back to staff for further
investigation in a manner consistent with the Hearing Examiner order.
Section 71. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.160, is amended to read as follows:
18.58.160 Zoning Setback Exceptions
A. Generally, wireless communication facilities placed on private property must meet
setbacks of the underlying zoning. However, in some circumstances, allowing modifications to
setbacks may better achieve the goal of this Chapter of concealing such facilities'from view.
B. The Director or Hearing Examiner, depending on the type of application, may permit
modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing the
facility on certain portions of a property will provide better screening and aesthetic
considerations than provided under the existing setback requirements; or
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 59 of 67
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located a
greater distance from residentially -zoned (LDR, MDR, and HDR). properties.
C. This zoning setback modification cannot be used to waive /modify any required setback
required under the State Building Code or Fire Code.
Section 72. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.170, is amended to read as follows:
18.58.170 Height Waivers
A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or
unnecessary and unreasonable expense would result from strict compliance with the height
limitations of the Zoning Code, or the purpose of these regulations may be served to a greater
extent by an alternative proposal, it may approve a height waiver to these regulations; provided
the applicant demonstrates the waiver(s) will substantially secure the values, objectives,
standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use
Plan, and demonstrate the following:
1. The granting of the height waiver will not be detrimental to the public safety, health
or welfare, or injurious to other property, and will promote the public interest; and
2. A particular and identifiable hardship exists or a specific circumstance warrants the
granting of a waiver. Factors to be considered in determining the existence of a hardship shall
include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size /magnitude of project being evaluated and availability of co- location.
B. In approving the waiver request, the Hearing Examiner may impose such conditions as
it deems appropriate to substantially secure the objectives of the values, objectives, standards
and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan.
C. A petition for any such waiver shall be submitted, in writing, by the applicant with the
application for Hearing Examiner review. The petition shall state fully the grounds for the
waiver and all of the facts relied upon by the applicant.
Section 73. Ordinances Amended. Ordinance Nos. 2235 §15, 2118 §1, 2005 §17, 1865 §50 and
1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The Board
and the DCD Director shall have the authority to approve, approve with conditions, or deny all
plans submitted based on a demonstration of compliance with all of the guidelines of this
chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described and use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC /L, and MIC /H districts, except when within 300
feet of residential districts or within 200 feet of the Green /Duwamish River or that require a
shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost
of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10%
and 25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO,
0, RCC, NCC, RC, RCM, TUC and C/ LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International
Boulevard corridor (see TMC Figure 18 -9);
c. for any multi- family structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 60 of 67
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. Minor
amendments to an approved project may be permitted upon request to the Director where they
do not substantially change the appearance, intensity or impacts of the project. Major
amendments to an approved project will require submittal of a new design review application.
A major amendment is a substantial change to elements of the approved plans, including
substantially revised building design, alteration of circulation patterns or intensification of
development on the site.
Section 74. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section
18.96.030, is amended to read as follows:
18.96.030 Review of Zoning Compliance
No department, official, or employee of the City shall issue an occupancy permit until there
has been endorsed thereon certification of compliance with the applicable regulations of this
title by the Director or his delegate. For the purposes of Chapter 18.96, an occupancy permit
shall mean the review and recording of zoning compliance as accomplished through the
building permit and business license application procedures.
Section 75. Ordinances Amended. Ordinance Nos. 2235 §19, 2135 §19 and 2119 §1, as
codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 Classification of Project Permit Applications
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 meeting and/ or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. Type 1 decisions are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for
the appeals of those decisions.
Type 1 Decisions
TYPE OF PERMIT
DECISION MAKER
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
As specified by ordinance
Boundary Line Adjustment, including Lot
Consolidation (TMC Chapter 17.08)
Community Development Director
Development Permit
Building Official
Minor modification to design review
approval (TMC Section 18.60.030)
Community Development Director
Minor Modification to PRD
(TMC Section 18.46.130)
Community Development Director
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
Community Development Director
Tree Permit (TMC Chapter 18.54)
Community Development Director
Wireless Communication Facility, Minor
(TMC Chapter 18.58)
Community Development Director
2. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal
to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an
appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
W: \Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 61 of 67
Type 2 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC Section 18.60.030)
Community Development
Director
Board of Architectural
Review
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Short Plat Committee
Hearing Examiner
Binding Site Improvement
Plan (TMC Chapter 17.16)
Short Plat Committee
Hearing Examiner
Cargo Container Placement
(TMC Section 18.50.060)
Community Development
Director
Hearing Examiner
Code Interpretation
(TMC Section 18.90.010)
Community Development
Director
Hearing Examiner
Exception from Single- Family
Design Standard (TMC Section
18.50.050)
Community Development
Director
Hearing Examiner
Modification to Development
Standards (TMC Section
18.41.100)
Community Development
Director
Hearing Examiner
Parking standard for use not
specified (TMC Section
18.56.100)
Community Development
Director
Hearing Examiner
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Community Development
Director
Hearing Examiner
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Community Development
Director
State Shorelines
Hearings Board
Short Plat (TMC Chapter
17.12)
Short Plat Committee
Hearing Examiner
Sign Area Increase
(TMC Section 19.32.140)
Community Development
Director
Hearing Examiner
Sign Permit Denial
(TMC Chapter 19.12)
Community Development
Director
Hearing Examiner
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Community Development
Director
Hearing Examiner
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
Community Development
Director
Hearing Examiner
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
Community Development
Director
Hearing Examiner
'
3. Type 3 decisions are quasi - judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
Type 3 Decisions
TYPE OF PERMIT
DECISION MAKER
APPEAL BODY
Resolve uncertain zone district boundary
Hearing Examiner
Superior Court
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Hearing Examiner
Superior Court
TSO Special Permission Use (TMC
Section 18.41.060)
Hearing Examiner
Superior Court
Conditional Use Permit
Hearing Examiner
Superior Court
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Hearing Examiner
Superior Court
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 62 of 67
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
Hearing Examiner
Superior Court
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Hearing Examiner
Superior Court
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Planning
Commission
State Shorelines
Hearings Board
Subdivision - Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
Hearing Examiner
Superior Court
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
Hearing Examiner
Superior Court
4. Type 4 decisions are quasi - judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
Public Hearing Design Review
(TMC Chapter 18.60)
Board of Architectural
Review
Hearing Examiner
Subdivision - Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Planning Commission
Hearing Examiner
Unique Signs (TMC Section
19.28.010)
Planning Commission
Hearing Examiner
5. Type 5 decisions are quasi - judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Type 5 Decisions
TYPE OF PERMIT
DECISION
MAKER
APPEAL
BODY
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
City Council
Superior Court
Rezone (TMC Chapter 18.84)
City Council
Superior Court
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
City Council
Superior Court
Shoreline Environment Re- designation (Shoreline
Master Program)
City Council
Superior Court
Subdivision - Final Plat (TMC Section 17.12.030)
City Council
Superior Court
Unclassified Use (TMC Chapter 18.66)
City Council
Superior Court
Section 76. Ordinances Amended. Ordinance Nos. 2135 §20 and 1768 §2 (part), as codified
at TMC Section 18.104.060, are amended to read as follows:
18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW 36.70B.070
(which requires the City to determine whether applications are complete within 28 days of
submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit
application within 120 days of determining the application is complete), the following
standards for permit applications are established:
1. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the
materials and fees specified for complete applications. Applications shall be considered
complete as of the date of submittal upon determination by the Department that the materials
submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 63 of 67
this section, all land use permit applications shall include the following in quantities specified
by the Department:
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use
project permits requested by the applicant for the development proposal at the time the
application is filed.
b. If the water utility serving the site is an entity other than the City, a current
Certificate of Water Availability from the water utility purveyor serving the site pursuant to
TMC Section 14.36.010.
c. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC Section 14.36.020 if the site is proposed for
development using a septic system, or a Certificate of Sewer Availability from the sewer utility
purveyor serving the site if the sewer utility serving the site is an entity other than the City.
d. A site plan, prepared in a form prescribed by the Director.
e. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58.17.
f. Any sensitive areas studies required by TMC Chapter 18.45.
g. A completed environmental checklist, if required by TMC Chapter 21.04.
h. A list of any existing environmental documents known to the applicant or the
City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal that
have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
j. A storm water design which meets the requirements set forth in the Surface
Water Design Manual adopted pursuant to TMC Section 16.54.060.
k. For land use permits requiring a Type 3, 4 or 5 decision: Current Assessor's
maps and a list of tax parcels to which public notice must be given; a set of mailing labels
addressed to the owners thereof; and a set of mailing address labels addressed to the occupants
thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses
are not the same as the street addresses of the properties to which notice is required. In lieu of
the mailing labels the applicant can pay public notice mailing fee as established by the Land Use
Fee Schedule.
1. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter 18.52.
p. A tree- clearing plan, if required by TMC Chapter 18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if required by TMC Chapter 18.60
or the Shoreline Master Program.
s. Verification of applicable contractor's registration number, if required by RCW
18.27.110.
2. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
3. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued
processing even though additional information may be required or project modifications may
be subsequently undertaken. The determination of completeness shall not preclude the
Department from requesting additional information or studies either at the time of notice of
completeness or subsequently if new or additional information is required or substantial
changes in the proposed action occur, as determined by the Department.
4. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this section in order for an
application to be deemed complete:
a. Land altering permit, see TMC Section 16.54.100, .110 and .230.
b. Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC Section 14.04.030.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 64 of 67
d. Sanitary sewer connection, see TMC Section 14.12.070.
e. Flood control zone permit, see TMC Section 16.52.070.
f. Short subdivisions, see TMC Section 17.08.030.
g. Preliminary subdivisions, see TMC Section 17.12.020.
h. Final subdivisions, see TMC Section 17.12.030.
i. Binding site improvement plans, see TMC Section 17.16.030.
j. Planned residential developments, see TMC Section 18.46.110.
k. Sign permits, see TMC Section 19.12.020 and .030.
1. Shoreline substantial development permits, shoreline conditional use permits
and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline
Master Program.
m. Wireless communication facility permits, see Chapter TMC Chapter 18.58.
5. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
6. Applications shall be accompanied by the payment of applicable filing fees, if any.
Section 77. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.080, is amended to read as follows:
18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and agencies
with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for
all Type 1 decisions which require SEPA review, except that a Notice of Application is not
required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign
Permit Denial pursuant to TMC Chapter 19.12.
B. A Notice of Application shall be issued by the Department within 14 days following the
Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under RCW
43.21 prior to the issuance of the Notice of Application, notice of the determination shall be
combined with the Notice of Application. If a determination of significance (DS) has been made
prior to the issuance of the Notice of Application, the Notice of Application shall also include
the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than the
applicant.
3. A description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents or studies
can be reviewed.
4. A statement establishing a public comment period, which shall be 14 days for Type
1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the Notice of
Application, provided that a public comment period is not required in the case of a Code
Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC
Chapter 19.12, and further provided that the comment period for projects requiring a Shoreline
Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140.
5. The procedures and deadline for filing comments, requesting notice of arty required
hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the decision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
6. For Type 5 decisions, the date, time and place of the public meeting required by
TMC Section 18.112.120 and an explanation of the purpose of and procedure to be followed at
such meeting.
7. The date, time place and type of hearing, if applicable and scheduled at the time of
notice.
8. The identification of other permits not included in the application to the extent
known by the Department.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page 65 of 67
9. A statement of the preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW 90.58 for Notices of Application for projects
which require a Shoreline Substantial Development permit.
F. Except for a determination of significance, the Department shall not issue a threshold
determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a
recommendation on the application until the expiration of the public comment period on the
Notice of Application.
Section 78. Ordinances Amended. Ordinance Nos. 1991 §13, 1834 §8 and 1768 §2 (part), as
codified at TMC Section 18.104.090, are amended to read as follows:
18.104.090 Notice of Application - Procedure
Notice of Application shall be provided as follows:
1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review,
the Notice of Application shall be mailed to the applicant and to departments and agencies with
jurisdiction, except that a Notice of Application is not required in the case of a Code
Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC
Chapter 19.12.
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of
Application shall be provided by posting pursuant to TMC Section 18.104.110, provided that the
Notice of Application for a Type 1 decision involving a single - family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of
Application shall be posted pursuant to TMC Section 18.104.110 and mailed pursuant to TMC
Section 18.104.120. Notice requirements for secure community transition facilities shall be in
accordance with RCW 71.09.315 as amended.
4. For applications which require any Shoreline permit, additional notice shall be provided
as required by RCW 90.58.
5. For preliminary plats, additional published notice shall be provided as required by RCW
58.17.090(a).
6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility
corridor or right -of -way construction projects) where posting and mailed notice would be
impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice
7. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 79. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.120, is amended to read as follows:
18.104.120 Mailed Notice
A. Mailed notice shall be issued by the Department within 14 days following the
Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the occupants
thereof to the extent the street addresses of such properties are different than the mailing
addresses of the owners.
2. To any agency or tribe which the Department may identify as having an interest in
the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
Section 80. Ordinances Amended. Ordinance Nos. 1991 §14 and 1768 §2 (part), as codified
at TMC Section 18.104.160, are amended to read as follows:
18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record
appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the
Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC Section
18.104.120. Notice requirements for secure community transition facilities shall be in accordance
with RCW 71.09.315 as amended.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 66 of 67
In addition, at least 14 days before such hearing, the Director shall post the Notice of
Hearing on any posted notice board(s) erected pursuant to TMC Section 18.104.110. Such Notice
of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any environmental
documents or studies can be reviewed.
4. The date, time, place and type of hearing.
5. The phone number of the Department and the name of the staff person who can
provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the Notice of
Hearing if the Director determines that such information would increase public awareness or
understanding of the proposed project.
C. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 81. 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 82. 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 5-03 day of 0 CTO -t'Or' , 2009.
ATTEST/ AUTHENTICATE
F
Christy O'Fla° erty, CMC, City lerk
APPROVED
Ji. aggerto - 'yor
Filed with the City Clerk: `" I - 0-.0 9
ORM BY: Passed by the City Council: -5 -U j
Published:
Effective Date:
Ordinance Number:
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 67 of 67
SUMMARY OF
Ordinance No. 2251
City of Tukwila, Washington
On October 5, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2251, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT
VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC
PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION•AND PLATS"
AND TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE
ZONING CODE AND ITS PROVISIONS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on October 5, 2009.
c
Christy O' aherty, MC,, City Clerk
Published Seattle Times: October 8, 2009.
(
1. Y
2 LANDSCAPING IN LDR FOR INSTITUTIONAL USES
TMC 18.70.050 8a. references sections 18.45.080E & F
This section is on steep slopes but references wetlands. I think it should reference
18.45.120 b & C instead.
4. Jack - In the "Permit Application types and Procedures chapter (18.104) In the
Classification of Project Permit Applications section (18.104.010) it states:
"Public Notice is not required for Type 1 decision or for appeals of those
decisions."
If you move on to Notice of Application - Contents (18.104.080) it states:
"A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2,3,4 or
5 decision and for all Type 1 decision which require SEPA review, except that a
Notice of Application is not required in the case of a Code Interpretation pursuant to
TMC 18.96.010 or a Sign Permit Denial pursuant to TMC chapter 19.12."
English language construction allows the reader to drop "which require SEPA
review" because it is an independent phrase. ( "Which" is another way of saying "by
the way" as opposed to "that" that links dependent clauses) This section of the
Chapter is saying that all type 1 permits require a Notice of Application and only
exempts code interpretations and sign permit denials.
Recommendation. 1. Eliminate public notice language from the two sections - 010
and 080.
2. Modify 090 Notice of Application Procedures and change the first sentence to "
For all Type 1 decisions that require SEPA, and 2,3, 4 and 5 decisions, the Notice of
Application shall be
So we have one section saying no notice is required and the other section that says
that notice is required for all type 1 permits.
There is a third section in this chapter Notice of Application - Procedure that goes on
to say when a Notice of Application is required
On second thought - maybe the whole chapter should be rewritten....HA .or I should
go work on something else.
TMC 17.12020 j lists sensitive areas as slopes 20% or greater rather than 15 %.
6. List of code interpretations.
7.1'8.60.030 Scope of Authority
All development is subject to design review unless specifically exempted. Single
family is not exempted.
_�/ upplemental Section- reference in LDR for single family design standards.
9►JJtility extensions, private road access requirements for BLA.1 ¶ tJ
10. Expiration for Binding Site Plan. O
04.080 #7 references TMC 18.11.120 which doesn't exist IQ ' 1 °
06.500 B. Add the word "be" between the words "may" and "developed"
d an expiration date to BSIP
11
,AIN'
06""
1V References to First Class mailing requirements.
13. Thresholds for churches that would be permitted outright and not be conditional use
lermit.
aving requirements for parking.
,,15. 18.108.040 RefrenceQ 18.104. l should be 18.116.010.
16/Parking Determination for °City Parks by the Planning Commission- there is no appeal
V body listed. • 1..
17,t'1VIUO height regulations -; S °'r'� '�`' y �' @�
‘)/(TMC 18.52.070 Recycling Storage Space for Residential Uses
"Apartment and condo developments over 6 units shall provide 1 1/2 square feet of
recycling storage. " Seems like it should say "cubic feet" rather than "square feet ". What
do you think? , U.v:N\'
Typo:
19.TMC 18.45.080 G.2.c. (3): Removing non - native plat species and noxious weeks from
,., the buffer area and replanting the area subject to TMC 18.45.080 G.2.c (1)....
"plat" should be "plant"
20. Adult Family Homes
21. SAO housekeeping j
22. Expiration of permits / r
23. Vertical/Horizontal modulation
24. 18.1011080 D4 requires paper size of 81/2x11 for site plan.
tr-
454 3
25. To try to add to code cleanup (it is really an addition not a clean -up). We want a
generic statement that the City will provide landscaping notes to be added to the
landscape plans. Those notes, at this moment, would look something like this:
1. Add or modify the "Landscape Notes" to include the following:
a. Planting area shall be tilled to a depth of at least 18 inches.
b. Till in three inches of compost across all landscaped areas.
c. Mulch is to be kept away from woody stems and crowns of perennial
plants.
d. Planting pits must be only the depth of the existing root ball or else the
bottom of the planting pits must be compacted prior to planting to insure
there is no settling. (Modify the planting details to reflect this.)
e. Root balls of potted and B &B plants must be loosened and pruned as
necessary to ensure there are no encircling roots prior to planting. At
least the top half of burlap and any wire straps are to be removed from
B &B plants prior to planting.
"--`16 1.04.152 4a cites RCW 36.70.200 and the correct citation is 36.70A.200
36.70.200 is the Planning Enabling Act
36.70A.200 is Growth Management
27. Clean up what defines an accessory structure in LDR ( garages /sheds /greenhouses) -- define as
less than the sf of the house.
28. Allowing compact stall overhang also allows an interior landscape island (upside down "T"
shaped island in the first picture). Our compact stall length varies from 15 -18' depending on stall
angle, theirs is a standard 17'. It is worth considering allowing compact stall overhangs (and
makes little sense that we don't allow it already) and there is a landscaping gain by allowing
compact overhangs.
From Kent's code
Parking stall size shall be as follows:
Standard 9 feet by 19 feet (1) (3)
Compact 8 feet by 17 feet (2) (3)
F. Vehicle overhang exception. Where sufficient area is available to allow safe and efficient
overhang of a vehicle, the planning department may permit the standard parking stall length to
be reduced by two (2) feet with corresponding increase in adjacent walkway or landscaping
width. (See diagram No. 2 following this
chapter.)
Z PEAMITTEg
14 _; 19 • CVERHAItG .-4
ITNEEL
STOP
LICJf7 STANDARD
�r
Gt3MPALT GOM PACT
COMPACT COMIPACT
COMPACT ComPAC7
cqupAC - r
COMP. C7
at
..r
COMPACT
COwPPCT
R:QJICRED LARDSC. PING
iPer Ctipt*r 15.07 G,t' of Rtnt irg Colo/ .
6 Mw. wpm FoR
RAISED WA LA
t7 3'1
DIAGRAM 2
29. ADD to landscaping: All portions of a lot not devoted to building, future building, parking,
storage, or accessory uses shall be landscaped in a manner appropriate to the stated purpose of
this chapter.
To 118.52.040 (General Landscaping)
It says all landscaping in MDR/HDR shall achieve 90% coverage in 3 years. Replace MDR/HDR
with all zones.
30. Further clarity on parking surface between TMC18.56.040 7a requiring parking to be paved
and 8.25 requiring parking to be "approved durable uniform surface" which includes gravel.
31. 18.50.100 MIC Site Lighting Standards is in Supplemental Development Regs BUT
18.52.065 Lighting is in Landscaping, etc
This just seems goofy. These two sections ought to be located together in the code.
18.54.050 Permit - Exempt Activities
2) on sites within a sensitive area or buffer (a) says you can clear 4 trees in LDR unless the trees
are within the buffer and then (b) says you can clear any vegetation outside the sensitive area or
buffer.
This doesn't make sense.
32. Currently:
18.52.040 General Landscape and Screening
Requirements
. Ground level mechanical equipment and garbage
storage areas shall be screened with evergreen plant
materials and /or fences or masonry walls.
Revise (to reflect BAR section):
` \ E. Trash storage areas, mechanical equipment or
other utility hardware on roof, ground or
buildings shall be screened from view. Screening shall be designed as an integral part of the
architecture (i.e., raised parapets and fully enclosed under roof), or shall be evergreen plant
erials, fences, and /or masonry walls.
what defines an accessory structure in LDR (garages /sheds /greenhouses
less than the sf of the house.
34. ADD to landscaping: All portions of a lot not devoted to building, future building, parking,
storage, or accessory uses shall be landscaped in a manner appropriate to the stated purpose of
this chapter.
To 118.52.040 (General Landscaping)
It says all landscaping in MDR/HDR shall achieve 90% coverage in 3 years. Replace MDR/HDR
with all zones.
35. Chapter 18.52
LANDSCAPE, RECREATION,
RECYCLING /SOLID WASTE
SPACE REQUIREMENTS
Sections:
18.52.010 Purpose
18.52.020 Perimeter Landscaping Requirements by
Zone District
18.52.030 Perimeter Landscape Types
18.52.035 Interior Parking Lot Landscaping
Requirements
18.52.040 General Landscaping and Screening
Requirements
18.52.050 Landscape Plan Requirements
18.52.060 Recreation Space Requirements
18.52.065 Lighting
18.52.070 Recycling Storage Space for Residential Uses
18.52.080 Recycling Storage Space for Non - Residential
Uses
18.52.090 Design of Collection Points for Garbage and
Recycling Containers
18.52.010 Purpose
The purpose of this chapter is to establish minimum
requirements for landscaping to promote safety, to
provide screening between incompatible land uses, to
mitigate the adverse effects of development on the
environment, and to improve the visual environment for
resident and nonresident alike.
(Ord. 1872 §14(part), 1999)
18.52.020 Perimeter Landscaping Requirements by
Zone District
A. In the various zone districts of the City, landscaping
in the front, rear and side yards shall be provided as
established by the various zone district chapters of this
title. These requirements are summarized in the
following table.
B. The landscape perimeter may be averaged if the
total required square footage is achieved, unless the
landscaping requirement has been increased due to
proximity to LDR, MDR or HDR. Landscape perimeter
averaging may be allowed as a Type 2 special permission
decision if all of the following criteria are met:
1. Plant material can be clustered to more
effectively screen parking areas and blank building walls.
2. Perimeter averaging enables significant trees
or existing built features to be retained.
3. Perimeter averaging is used to reduce the
number of driveways and curb cuts and allow joint use of
parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not
reduced to the point that activities on the site become a
nuisance to neighbors.
5. Averaging does not diminish the quality of
the site landscape as a whole.
(Ord. 1872 §14(part), 1999)
18.52.030 Perimeter Landscape Types
A. Type 1 landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes,
provide a Tight visual separation between uses and zoning
districts, screen parking areas, and allow views to building
entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 30 lineal feet of
required perimeter excluding curb cuts; and
b. One shrub for each 7 lineal feet of
required perimeter excluding curb cuts or a planted berm
at least 24 inches high; and
c. Living groundcover to cover 90% of the
landscape area within three years.
B. Type 11 landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes,
provide a moderate visual separation between uses and
zoning districts, screen blank building walls and parking
areas, and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of
required perimeter excluding curb cuts; and
b. One shrub for each 5 lineal feet of
required perimeter excluding curb cuts; and
c. Living groundcover to cover 90% of the •
landscape area within three years.
C. Type 111 landscape perimeter.
1. Purpose is to provide extensive visual separation
between industrial areas and nearby residential
areas.
2. Plant materials shall consist of the following:
a. One tree per 20 lineal feet of required
perimeter excluding curb cuts; and
b. Shrubs to provide a solid planting screen
with a height of five to eight feet or a solid wooden fence
or masonry wall to be approved by the Community
Development Director; and
c. Living groundcover to cover 90% of the
landscape area within three
New paragraph: Plants shall meet the current American Standard for Nursery Stock (American Nursery
and Landscape Association — ANLA), and shall be healthy, vigorous, and well - formed, with well
developed, fibrous root systems, free from dead branches or roots. Plants shall be free
from damage caused by temperature extremes, lack or excess of moisture, insects,
disease, and mechanical injury. Plants in leaf shall be well foliated and of good color.
Plants shall be habituated to outdoor environmental conditions (hardened -off).
1. A mix of evergreen trees and evergreen
shrubs shall be used to screen blank walls.
2. Deciduous trees shall be used to allow visual
access to entryways, signage and pedestrian use areas.
3. Evergreen shrubs shall be used to screen
parking Tots along street frontages.
4. In perimeters located adjacent to residential
zones 75% of trees and shrubs shall be evergreen.
5. Evergreen trees shall be a minimum of 6 feet
in height at time of planting.
6. Deciduous trees shall have at least a 2 inch
caliper at time of planting, determined according to the
American Standard for Nursery Stock.7. Shrubs shall be at least 18 inches in height at
time of planting.
New paragraph: No plants listed on the current King County Noxious Weed list may be
sed.
8. Exis ing vegetation may be used to meet the
requirements of this chapter. All significant trees located
within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a
safety hazard as determined by the Community
Development Director shall be retained.
9. The classification of plant material as trees,
shrubs and evergreens shall be as listed in the Hortus
Third, A Concise Dictionary of Plants Cultivated in the
U.S. and Canada.
(Ord. 1872 §14(part), 1999)
18.52.035 Interior Parking Lot Landscaping
Requirements
Landscaping within parking areas shall be provided as
shown below.
1. Requirements for each distinctly separate
parking area within the MDR and HDR zones:
a. For areas with up to 20 parking stalls
per parking area, no interior landscaping is required.
b. For areas with 21 - 40 parking stalls per
parking area, 7 square feet of interior landscape area is
required for each parking stall.
c. For areas with more than 40 parking
stalls per parking area, 12 square feet of interior landscape
area is required for each parking stall (see Multi - Family
Design Guidelines, Site Planning Section, No. 31 for the
normal 15 square feet to be provided).
d. All parking areas shall have a perimeter
landscape strip a minimum of 2 feet wide with an average
width of 5 feet.
2. Requirements for parking Tots within the 0,
MUO, RCC, and NCC zones:
a. For lots with up to 20 parking stalls, no
interior landscaping is required.
b. For Tots with 21 - 40 parking stalls, a
minimum of 10 square feet of interior landscape area is
required for each parking stall over 20.
c. For Tots with more than 40 parking
'stalls, a minimum of 200 square feet of interior landscape
area plus 15 square feet for each parking stall over 40 is
required. For areas placed behind buildings or otherwise
screened from streets, parks and City trails the interior
landscape requirement is reduced to a minimum of 200
square feet plus 10 square feet for each parking stall over
40.
3. Requirements for parking Tots within the RC,
RCM, TUC, C /LI and TVS zones:
a. For areas adjacent to public or private
streets, a minimum of 15 square feet of landscaping is
required for each parking stall.
b. For areas placed behind buildings or
otherwise screened from streets, parks and City trails a
minimum of 10 square feet of interior landscape area is
required for each parking stall.
4. Planting Standards:
a. Interior landscape islands shall be
distributed to break up expanses of paving. Landscaped
areas shall be placed at the ends of each interior row in
the parking area with no stall more than 10 stalls or 100
feet from a landscape area.
b. The minimum size for interior parking
lot planting islands is 100 square feet.
c. Planting islands shall be a minimum of 6
feet in any direction and generally the length of the
adjacent parking space.
d. Raised curbs or curb stops shall be used
around the landscape islands to prevent plant material
from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous
tree is required per landscape island with the remaining
area to contain a combination of shrubs, living
groundcover and mulch.
(Ord. 1872 §14(part), 1999)
18.52.040 General Landscape and Screening
Requirements
A. Appropriate plant materials. New plant
materials shall include native species or non - native species
that have adapted to the climatic conditions of the Puget
Sound Region and are suited to the slanting site, taking into account final plant size,
stresses such as heat or freezing, space for p an ing, over ead lines or underground
"utilities present and shade or sun exposure. rD ought resistant species are encouraged,
except where site conditions wit ih n-Tie required
landscape areas assure adequate moisture for growth.
Grass may be used as a groundcover where existing or
amended soil conditions assure adequate moisture for
growth. Landscape perimeter trees should be selected for
compatibility with existing plant material or street trees.
New paragraph: Site preparation.
Site preparation and planting of vegetation shall be in accordance with best management practices for
ensuring the vegetation's long -term health and survival and shall include: incorporation and tilling in of
organic material to a depth of 18 inches and mulching.
B. Coverage standards. All landscaped areas in
the MDR and HDR zones (including shrub beds) shall
achieve 90% live ground coverage in three years and all
areas not occupied by a building (including surface
parking areas) shall achieve 40% horizontal tree coverage
in ten years.
C. Visibility. The landscaping shall not obstruct
view from or into the driveway, sidewalk or street.
Landscape design shall allow for surveillance from streets
and buildings and avoid creating areas that might harbor
criminal activity. No shrubs shall be planted or allowed
to grow over two feet in height within thirty feet of
intersecting curblines or pavement edges (see TMC
11.20.090). No tree may be planted within two feet of a
sidewalk or pavement edge.
D. Outside storage areas. Outdoor storage shall
be screened from abutting public and private streets and
from adjacent properties. Such screens shall be a
minimum of eight feet high and not less than 60% of the
height of the material stored. Said screens shall be
specified on the plot plan and approved by the Community
Development Director. Except in the MDR and
HDR zones, where outdoor storage shall be fully screened
from all public roadways and adjacent parcels with a sight
obscuring structure equal in height to the stored objects
and with a solid screen of exterior landscaping. A top
screen cover may be exempted if the item(s) has a
finished top and an equivalent design quality is
maintained. The screening structure shall reflect building
architecture as determined by the BAR to be appropriate.
E. Ground level mechanical equipment and garbage
storage areas shall be screened with evergreen plant
materials and /or fences or masonry walls.
F. Fences. All fences shall be placed on the interior
side of any required perimeter landscaping.
G. Lighting. Trees shall not be planted in locations
where they would obstruct existing or planned street or
site lighting.
H. Automatic irrigation. All landscape areas shall
be served by an automatic irrigation system. Water
conservation features such as moisture sensors with
automatic rain shut -off devices, automatic timers, pressure
regulating devices, backflow prevention devices, separate
irrigation zones for grass and planting beds, and sprinkler
heads matched to site and plant conditions shall be
installed. Irrigation water shall be applied with goals of
avoiding runoff and overspray onto adjacent property, non
irrigated areas and impervious surfaces.
I. Utility easements. Utility easements and other
similar areas between property lines and curbing shall be
landscaped and /or treated with dust and erosion control
planting or surfacing such as evergreens, groundcover,
shrubs, trees, sod or a combination of similar materials.
In areas of overhead transmission lines, no shrubs or trees
over 20 feet at maturity will be allowed. Trees should not
be planted within 10 feet of underground water, sewer or
storm drainage pipes.
(Ord. 1872 §14(part), 1999)
18.52.050 Landscape Plan Requirements
A. A Washington State licensed landscape architect
shall prepare and stamp the landscape plans in accordance
with the standards herein. Detailed plans for landscaping
and screening shall be submitted with plans for building
and site improvements. Included in the plans shall be
type, quantity, spacing and location of plants and
materials, site •r- •aration and specifications for soils and mulches, location of all
overhead and underground utilities
Ioca ions ypica planting details and the location of
irrigation systems.
B. Installation of the landscaping and screening shall
be completed and a Landscaping Declaration submitted by
the owner or owner's agent prior to issuance of the
certificate of occupancy. If necessary due to weather
conditions or construction scheduling the installation may
be postponed to the next planting season if approved by
the Community Development Director and stated on the
building permit. A performance assurance device equal to
150% of the cost of the labor and materials must be
provided to the City before the deferral is approved. The
property owner shall keep all planting areas free of weeds
and trash and replace any unhealthy or dead plant`^
materials for the life of the project in conformance with the intent of the approved landscape plan and TMC
8.28.180.
(Ord. 1971 §19, 2001; Ord. 1872 §14(part), 1999)
36.
Another issue with "churches ". The parking code says churches need 1 stall for every 4 "fixed"
seats ". This works for churches with pews but many of our churches are not using pews and
using folding chairs instead. In the case of the new church at Smiles, I told them I would use
the occupancy load determined by the building department for the assembly area (and not park
Sunday school, pastor offices, bathroom, etc) since they do not have fixed seats. The assembly
area includes all the open floor area including the entrance hall and other non - gathering spaces.
I am not sure if this will work into more or less parking than what they will actually need but it
appeared at our preapp that this number would work for both their parking lot and their needs
(based on estimates of floor area).
iY°
I think we need to modify the parking for churches to be 1 per 4 if fixed OR 1 per 4 of occupancy
load of assembly area as determined by the building official. This could create a parking problem
for churches in large spaces with small congregations and bump them from an admin CUP to a
PH CUP - - -but it also takes into account that they could grow to a larger size and not trigger
review and we are parking them based on the potential rather than their actual need at this time.
37.
TMC 18.50.045 "Height Regulations Around Major Airports" references a map that will be "kept
on file in the office of the City Clerk ". Can we add that map to our list of Figures and update the
language of this section?
38. TMC References o Uniform Building Code should all be changed to "International
Building Code" or more simply, "currently adopted building code" (which may eliminate the
need to update in the f■ ture)...I found the following references:
TMC 8.45.030(E)(2) refernces a list of other code references, most of which are no longer
valid. This caused me to -arch for all references to 8.45 or TMC Chapter 8.45. Seems like
it would be easier to simply -liminate the list in 8.45.030, rather than trying to keep this up
to date as things change. In any event the following references in TMC 8.45.030(E)(2) are
no longer valid:
TMC 8.45.140 references "the m.st recent edition of" the International Property Maintenance
Code and this should be changed o "the currently adopted edition of" since we have not
adopted the newest or most recen edition of this code.
9. TMC 21.04.3Fees calls out the specific fee for SEPA ($325) rather than referencing
th- .:opted-fee schedule or the new fee of $1000. It also has an admin fee of $1000 if an
EIS is contracted out. OOPS!
40 8.104.060 (k) Application Requirements include needing to provide an essor's map c,769.
di mailing address labels. gtv �^�`' �Q liC�^ t- �o G✓�
4 a to osted
G,.,', °s"'L \100'-'6 ` ‘1 � �j 01/:
'From: "COM GMU Review Team"
To:
Date: 09/09/2009 9:34 AM
Subject: 14782, City of Tukwila, Expedited Review Granted, DevRegs
CC: "Wentz, Sam (COM)" , "Andersen, Dave (COM)"
Dear Ms. Dhaliwal:
The City of Tukwila has been granted expedited review for the Proposed amendment to
Tukwila municipal code for some minor housekeeping items that range from code clarification
to updating development regulations and permit processes. This proposal was submitted for
the required state agency review under RCW 36.70A.106.
As of receipt of this email, the City of Tukwila has met the Growth Management Act notice to
state agency requirements in RCW 36.70A.106 for this submittal. For the purpose of
documentation, please keep this email as confirmation.
If you have any questions, please contact Carrie Calleja at 360.725.3067 or by email at
carrie.calleja @commerce.wa.gov.
Thank you.
Review Team, Growth Management Services
Department of Commerce
P.O. Box 42525
Olympia WA 98504 -2525
(360) 725 -3000
FAX (360) 664 -3123
(08/27/2009) Minnie Dhaliwal - Commissioner Peterson to defer prior concern with L09 -028 (proportionality aspects of loPage)1
From: "Peterson, Lynn E" <lynn.e.peterson @boeing.com>
To: <mdhaliwal @ci.tukwila.wa.us>
Date: 08/27/2009 2:03 PM
Subject: Commissioner Peterson to defer prior concern with L09 -028 (proportionality aspects
of lot size)
CC: "Jack Pace" <jpace @ci.tukwila.wa.us >, "Nora Gierloff' <ngierloff @ci.tukw...
Minnie,
As the originator of the concern about buildable footprint as a function
of lot size (as well as the more generic concern about all TMC
references that ignore a proportionate allowance of freedom to utilize
ones property), I find myself ill prepared to contest staffs position
and current TMC requirements, partially because I was under the
impression from the 6/16/09 meeting that staff had preferred to treat
this as out of scope for this review /clean -up cycle and partially
because I failed to allocate enough analysis time to support my position
at tonight's meeting.
I wanted to alert staff that my failure to pursue the matter at this
time was not necessarily a indicator that I felt my concern was invalid.
If at some later time I construct what I feel is a compelling and well
crafted argument, I will confer and validate it with staff, and if
appropriate, identify the vehicle of change to inject the remedy.
Lynn Peterson
STATE OF WASHIN1,TON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10c: Avenue SUY • PO &ox 42525 • 0!y171p1,a. Washington 90504 -2525 • (360) 725 -4000
August 24, 2009
Minnie Dhaliwal
Senior Planner
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Dear Ms. Dhaliwal:
Thank you for sending the Washington State Department of Community, Trade and Economic Development
(CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as
documentation that you have met this procedural requirement.
City of Tukwila - Proposed amendment to Tukwila municipal code for some minor housekeeping
items that range from code clarification to updating development regulations and permit processes.
These materials were received on 08/21/2009 and processed with the material ID # 14782. Expedited
Review is requested under RCW 36.70A.106(3)(b).
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment requesting expedited review, then we have
forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more
state agencies indicate that they will be commenting, then CTED will deny expedited review and the
standard 60 -day review period (from date received) will apply. CTED will notify you by e-mail regarding of
approval or denial of your expedited review request. If approved for expedited review, then final adoption
may occur no earlier than fifteen calendar days after the original date of receipt by CTED. Please remember
to submit the final adopted amendment to CTED within ten days of adoption.
If you have any questions, please call me at 360.725.3063.
Sincerely,
Sam Wentz
GIS Coordinator
Growth Management Services
From:
To:
Date:
Subject:
Attachments:
"Shelley Kerslake"
"'Minnie Dhaliwal "'
07/06/2009 7:58 PM
RE: Decision makers for land use permits
Minnie — I think we should take WCIA's recommendation to the Council in its entirety — which is leaving the
council with only legislative matters. If we take that approach, then the Council can tell us they want to keep
certain items. If we start at a point that is less than what we want, we won't likely get anything. I have
attached Gig Harbor's matrix — which is very good and pretty clear. Let me know what you think.
From: Minnie Dhaliwal [mailto:mdhaliwal @ci.tukwila.wa.us]
Sent: Monday, July 06, 2009 3:28 PM
To: Shelley Kerslake
Subject: Decision makers for land use permits
Shelley,
This is to follow up on our meeting last week regarding WCIA recommendations to have site specific quasi -
judicial decisions be made by the Hearing Examiner instead of the City Council or the Planning Commission.
Based on our discussion I have added Hearing Examiner as the hearing body for closed record appeals of Type
4 decisions. Also, I have changed some Type 4 decisions (primarily variations to code etc.) to Type 3 decisions
that are made by the Hearing Examiner. I have left Type 5 permits as is. Should we add HE as the appeal body
for Type 5 or should we have a hearing in front of the HE and then go to Council with HE's recommendation?
Looking at Renton and Kent -there are no site specific decisions made by the Planning Commission but there are
some where the final decision is made by the City Council and it is typically after the hearing has been held in
front of the Hearing Examiner.
We need to resolve this issue and have the memo done by this Wed 6/8 in order to go to CAP on 6/13. Is it
possible to have a memo from you by 6/8?
I have attached the underline /strikeout code sections. Also, attached is the table comparing land use decision
makers in the neighboring cities.
Minnie
/6 6\1? -
‘‘\\k;1' k•K \iC)
,,INa\le
5/v
Underline /strikeout (in black) is previously proposed ordinance changes to the existing code.
New proposed changes are in red.
A codified version including all the revisions is on the back side of this page.
18.06.440 Hotel
"Hotel" means a building, or buildings or portion thereof, the units of which are used, rented, or hired out as whieh
sleeping accommodations only for the purposes of
transitory housing. .. . . . • . • _ . _ . _ .. .. . Hotel rooms
shall have their own private toilet facilities, and may or may not have their own kitchen facilities.
Hotels shall not include dwelling units, as defined in this section, for permanent
occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be
provided. No room may be used by the same person or persons for a period exceeding thirty (30) calendar days per
year. Not included are institutions housing persons under legal restraint or requiring medical attention or care.
18.06.585 Motel
"Motel" means a building or buildings or portion thereof,
structure, the units of which are used, rented, or hired out as living-Or sleeping accommodations only for the
purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court,
motor inn and similar names but does not include accommodations for travel trailers. Motel rooms shall have their
own private toilet facilities, and may or may not have their own kitchen facilities. Motels are is distinguished from a
hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels
shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the
same person or persons for a period exceeding thirty (30) calendar days per year. Not included are institutions
housing persons under legal restraint or requiring medical attention or care.
Extended -Stay hotel or motel
"Extended stay hotel or motel" means a building or buildings or portion thereof,
the units of which containing-independent provisions for living, and eating and sanitation
for food- preparation including, but not limited to, , .
a kitchen sink and permanent cooking facilities, a bathroom, and a sleeping area in each unit, and are specifically
constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence
is offered for pay to persons for a minimum stay of more than thirty (30) days and a maximum stay of six (6)
months per year. Extended stay hotels or motels shall not include dwelling units, as defined in this section, for
permanent occupancy. The specified units for extended -stay must conform to the required features, building code,
and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended -
stay unit from being used as a hotel or motel unit. Extended stay hotel or motels shall be required to meet the
hotel /motel parking requirements. Not included are institutions housing persons under legal restraint or requiring
medical attention or care.
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short term commercial basis for
tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotel or
motels, shelters, and facilities which provide short- or long -term care for tenants suffering from physical, mental or
other disabilities.
18.06.440 Hotel
"Hotel" means a building or buildings or portion thereof, the units of which are used,-rented, or hired out as
sleeping accommodations only for the purposes of transitory housing. Hotel rooms shall have their own private
toilet facilities, and may or may not have their own kitchen facilities. Hotels shall not include dwelling units, as
defined in this section, for permanent occupancy. A central kitchen, dining room and accessory shops and services
catering to the general public can be provided. No room may be used by the same person or persons for a period
exceeding thirty (30) calendar days per year. Not included are institutions housing persons under legal restraint or
requiring medical attention or care.
18.06.585 Motel
"Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as
sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court,
motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel
trailers. Motel rooms shall have their own private toilet facilities, and may or may not have their own kitchen
facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct
independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for
permanent occupancy. No room may be used by the same person or persons for a period exceeding thirty (30)
calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical
attention or care
Extended -Stay hotel or motel
"Extended stay hotel or motel" means a building or buildings or portion thereof, the units of which contain
independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent
cooking facilities, a bathroom, and a sleeping area in each unit, and are specifically constructed, kept, used,
maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to
persons for a minimum stay of more than thirty (30) days and a maximum stay of six (6) months per year. Extended
stay hotels or motels shall not include dwelling units, as defined in this section, for permanent occupancy. The
specified units for extended -stay must conform to the required features, building code, and fire code provisions for
dwelling units as set forth in this code. Nothing in this definition prevents an extended -stay unit from being used as
a hotel or motel unit. Extended stay hotel or motels shall be required to meet the hotel /motel parking requirements.
Not included are institutions housing persons under legal restraint or requiring medical attention or care.
18.06.073 Boarding House "Boarding house" means a residential building or use which provides housing on a
short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and
motels, extended -stay hotel or motels, shelters, and facilities which provide short- or long -term care for tenants
suffering from physical, mental or other disabilities.
co
19.01.003 Project permit application framework.
A. Action Type.
B. Decisions.
TYPE I
PROCEDURE FOR PROJECT PERMIT
APPLICATIONS
(TYPE I — IV)
LEGISLATIVE
TYPE III -A
TYPE I
TYPE II
TYPE III
TYPE III-
A
TYPE
IV
TYPE V
Recommendation made
by:
N/A
N/A
N/A
N/A
N/A
Planning
commission
Final decision made by:
Director
Director
Hearing
examiner
Hearing
examiner
City
council
City council
Notice of application:
No
No
Yes
Yes
Yes
No
Open record public
hearing or open record
appeal of a final
decision:
No
Only if
appealed,
open
record
hearing
before
hearing
examiner
Yes,
before
hearing
examiner
to render
final
decision
Yes,
before
hearing
examiner
to render
final
decision
No
Yes, before planning
commission which
makes
recommendation to
council
Closed record
appeal /final decision:
No
No
No, only
if site-
specific
rezone
appealed,
then
before
council
No
Yes,
before
council
to
render
final
decision
Yes, or council
could hold its own
hearing
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
Yes
B. Decisions.
TYPE I
TYPE II
TYPE III
TYPE III -A
TYPE IV
TYPE V
Permitted
uses not
requiring site
plan review
Short plat
Plat vacations and
alterations
Preliminary
plats
Final plats
Comprehensive
plan
amendments
Boundary
line
adjustments
Sign permits
Site plan /major
amendments to site
plans
Preliminary
PRD /PUD
Final
PRD /PUD
Development
regulations
Minor
amendments
to PUD /PRD
Design review'
CUP, general
variances, sign permit
variances, and site-
specific rezones
Zoning text
amendments;
area -wide
zoning map
1 In addition to the procedures in this title, applications for design review shall follow the procedures set
forth in Chapter 17.98 GHMC.
(Ord. 1132 § 8, 2008; Ord. 1093 § 14, 2007; Ord. 950 § 2, 2004; Ord. 903 § 1, 2002;
Ord. 864 § 2, 2001; Ord. 806 §
amendments
Special use
permits
Land
clearing /grading
Shoreline substantial
development,
shoreline variance
Annexations
Temporary
construction
trailers
Revisions to
shoreline
management
permits
Major amendments to
PRD and PUD
Administrative
variances
Amendment to height
restriction area map
Administrative
interpretations
Mobile /manufactured
home park or
subdivision
Home
occupation
permit
Performance -based
height exception
Hardship
variance, sign
code
Changes from one
nonconforming use to
another
Modification to
landscape plans
Minor
amendment to
PRD or PUD
Nonconforming
review
1 In addition to the procedures in this title, applications for design review shall follow the procedures set
forth in Chapter 17.98 GHMC.
(Ord. 1132 § 8, 2008; Ord. 1093 § 14, 2007; Ord. 950 § 2, 2004; Ord. 903 § 1, 2002;
Ord. 864 § 2, 2001; Ord. 806 §
Insurance Authority
May 21, 2009
Rhonda Berry
City Administrator
City of Tukwila
6200 Southcenter Blvd,
Tukwila, WA 98188
RE: 2009 Annual Review & Audit
Dear Rhonda:
P.O. Box 88030
Tukwila, WA 98138
Phone: 206 - 575 -6046
Fax: 206-575-7426
It was a pleasure to meet with you, Shawn and Jack last week to perform the Annual
Review and Audit, in accordance with the terms of the WCIA Membership COMPACT.
I want to thank all of you for setting aside a portion of your day to meet with me.
2008 AUDIT RESULTS (In Compliance)
I was happy to verify that the City had no mandatory requirements generated from the
2008 Public Works Audit. Therefore the City is considered to be in compliance with the
terms of the WCIA COMPACT.
2009 AUDIT RESULTS
As you know, this year's Audit focused on Land Use exposures. The Audit resulted in
one mandatory requirement being generated, which will be monitored for compliance in
2008. Please be aware that failure to comply with the mandatory requirements may result
in a financial penalty.
MANDATORY REQUIREMENT
4.4 Does the City's SEPA checklist require the applicant to swear under penalty of
perjury that all information provided is true and correct?
Although the SEPA guidelines do not require it, WCIA is requiring that its Member
Cities require that checklists submitted by applicants be accompanied by a sworn
statement under penalty ofperjury that all information provided in the checklist is true
and correct. Our defense attorney has had at least three cases dismissed on summary
judgment because of the penalty of perjury law. In addition, at trial, he has blown up the
SEPA checklist and was able to use the fact that the applicant lied in misrepresentation
cases. It can also be used as leverage for settlement in mediation. Defense counsel calls
Page 2
City of Tukwila
May 21, 2009
the penalty ofperjury language the "gold standard ". You can comply with this
mandatory by adding the'words Under penalty of perjury to the signature statement on
the SEPA checklist so that it reads "Under penalty of perjury the above answers are true
and complete to the best of my knowledge. I understand that the lead agency is relying on
them to make its decision."
INFORMATIONAL RECOMMENDATIONS
1.15 Does the Planning Commission make final, substantive decisions on site specific
permits or approvals?
1.16 Does the Planning Commission act as an administrative appeal body, making
decisions on site specific permits or approvals on appeal from staff or others in the
City?
Currently, Tukwila's Planning Commission is making final decisions on certain types of
permits as well as acting as an administrative appeal body under certain circumstances.
WCIA recommends the Planning Commission be an advisory body that makes
recommendations to the City Council on land use matters. WCIA further recommends the
Planning Commission's role emphasize legislative land use matters of general
applicability, such as the comprehensive plan, shoreline master program, zoning code
text amendments, and area -wide rezones, and that quasi-judicial matters be handled by a
hearing examiner.
1.37 What is the role of the City Council in the land use planning and decision -
making process?
1.38 Is the Council's role limited to adoption of ordinances related to the
comprehensive plan or development regulations?
1.39 Does the Council approve any types of land use permits?
1.40 Does the Council hear any appeals of permit decisions or other land use
approvals made by other agencies of the City?
In our meeting, we discussed the current role of the City Council, which includes many of
the land use decisions as well as appeals from the Planning Commission's decisions.
While the City uses a hearing examiner, there are many land use decisions that the City
Council and Planning Commission are involved in which can lead to an increase in
liability for the City of Tukwila. WCIA recommends that the City use a hearing examiner
to the maximum extent allowed by law and that the hearing examiner 's decision be final,
appealable directly to superior court.
Page 3
City of Tukwila
May 21, 2009
1.42 Doe City Council members attend meetings and /or public hearings of the
Planning Commission or other land use advisory committees?
Currently, City Council members are involved in making quasi-judicial permit decisions.
WCIA recommends City Council members refrain from attending hearings of its
advisory committees on such matters to avoid any conflicts of interests of possible
violation of the Appearance of Fairness Doctrine.
PROPERTY & AUTO PHYSICAL DAMAGE PROGRAMS
I provided current copies of your property and auto schedules for review. As we
discussed, there are a few entries on the property schedule that are described as
miscellaneous items that will need to be updated so that we can identify what is being
insured. Also, the values on many of the autos listed on the auto schedule had not been
updated for replacement cost or depreciated for actual cash value and Shelley indicated
that she would work on getting these updated. Please let WCIA Administrative Assistant
Tiffany Woods know if there are any changes you wish to make or the changes can be
made "on line" at the WCIA Web Site.
RISK PROFILE
I was pleased to discuss the Risk Profile which shows the City's losses compared to the
Actuarial Group Averages. Hopefully the material presented was of interest. Again, it is
our hope that this information may assist Members in looking at their specific areas of
loss. If you have any questions regarding this documentation, please be sure to call.
COMPACT STATUS & TRAINING REQUIREMENTS
The City still needs to meet your First Mandatory Training requirement and your
Attorney Attendance for 2009.
Member Services Manager Patti Crane will be sending out announcements periodically
for all of the various trainings that will be scheduled throughout the year. Please feel free
to call her if you have any questions or wish to schedule additional training.
Page 4
City of Tukwila
May 21, 2009
SUMMARY
This completes the findings of my recent visit. I appreciated the hospitality shown me
while I was there. Please let me know if you have any other risk management concerns or
if I can be of further service.
Debbi Sellers, RPLU
Senior Risk Management Representative
Washington Cities Insurance Authority
206 -575 -6046
cc: City File
T. Pctre-c_.
Monday,
Txt.Gclyr
Sat Tukwila City Council Agenda
' '
t 1 + MEETING •o• •
1,1,4
.cJ.141LA ,. tc,,
�Et
v °r" Jim
29o8 Rhonda
Haggerton, Mayor Councilmembers: ❖ Joe Duffie •:. Pamela Linder
Berry, City Administrator ❖ Dennis Robertson ❖ Verna Griffin
Hernandez, Council President • Kathy Hougardy ❖ De'Sean Quinn
Joan
October 5, 2009; 7:00 PM • Ord #2251 • Res #1692
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
PRESENTATIONS
Community Schools Collaboration Update; Lynda Hall, Program Director.
3. PROCLAMATIONS / ,
APPOINTMENTS
a. Confirm the appointment of Michael West to Position #6 on the Community Pg.1
Oriented Policing Citizens Advisory Board, with a term expiring 3/31/2010.
(b —A proclamati_o_n declaring October 2009 as "En` erky Awareness Month." ,
4. CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda (please
limit your comments to five minutes per citizen). To comment on an item listed
on this agenda, please save your comments until the issue is presented for discussion.
5. CONSENT AGENDA
Approval of Minutes: 9/8/09 (Regular); 9/21/09 (Regular).
Approval of Vouchers.
6. UNFINISHED
BUSINESS
'
a. An-ordinance-amending-various ordinances, as codified at various chapters of - -- , P .
Tukwila - Municipal- Code Title 8, Title 17, and Title 18, to clarify and_update the=,
Zoning Code. -- - -- --- - - -- - ---_ --'
b. A resolution authorizing the cancellation of outstanding General Fund claims and Pg.77
payroll checks, Municipal Court checks and Foster Golf gift cards.
c. A resolution expressing the City Council's opposition to Initiative 1033, to be Pg.85
presented to the electorate on November 3, 2009. Title of I -1033: "This measure
would limit growth of certain state, county and city revenue to annual inflation
and population growth, not including voter - approved revenue increases.
Revenue collected above the limit would reduce property tax levies."
It will be presented to the voters at the general election on November 3, 2009.
P blic comments will be accepted.
d. An ordinance estab1thing new regulations regarding water and sewer bill leak Pg.89
adjustments and adoption by reference of a Utility Leak Adjustment Policy.
e. Authorizing the Mayor to execute a lease, in substantial form, with Cassan Pg.97
. Enterprises for the relocation of Seattle Southside Visitors Center to 3100 South
176th Street in SeaTac.
f. Authorize the Mayor to sign the Tukwila South Escrow Agreement between the Pg.99
Bank of New York Mellon, La Pianta LLC, and the City of Tukwila to implement
Section 4.8.4.6 of the Tukwila South Development Agreement. -
g. Authorize the Mayor to sign an amendment to Contract #04 -025 with David Pg.101
Evans & Associates (DEA) to complete the 10% remaining design work for the
Southcenter Parkway Extension, in the amount of $378,680.00.
7. NEW BUSINESS
8. REPORTS
a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 - 433 - 1800 /TDD 206 - 248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address
clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments
to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate
action on comments received until they are referred to a Committee or discussed under New Business..
COUNCIL MEETINGS
No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is
given.
Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council
meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of
formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council
meetings.
Committee of the Whole Meetings: Council members are elected for a four -year term. The Council
president is elected by the Council members to preside at all Committee of the Whole meetings for a one-
year. term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues
discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during Citizen Comment. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same
as those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of
the Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to
the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Commit review
09/28/09
JP
.cg.-
s i�
Qr,�
10/05/09
JP.6-
1 Public Hearing
❑ Other
Mtg Date
C,\'1•1 GORY 0 Discussion
a Ordinance
Ails Date
Mtg Date 10/5/09
Mtg Date 09/28/09
SPC )NSOR ❑ Council ❑ Mayor ❑ Adm Svcs
ORMATION
ITEM No.
CAS NUMH1 ?R: 0 — 1 3
ORIGINAL AGENDA DATE: SEPTEMBER 28, 2009
- 1c;kN1).\ IT! :MTUN 2009 Housekeeping Code Amendments
09/28/09
❑ Motion
Mfg Date
❑ Resolution
Mg Date.
❑ Bid Award
Mtg Date
1 Public Hearing
❑ Other
Mtg Date
C,\'1•1 GORY 0 Discussion
a Ordinance
Ails Date
Mtg Date 10/5/09
Mtg Date 09/28/09
SPC )NSOR ❑ Council ❑ Mayor ❑ Adm Svcs
❑ Finance ❑ Fire ❑ Legal ❑ P&7R ❑ Police ❑ PW
L DCD
SPoNSOR's The Council
SUMMARY Municipal
development
hearing on
is being asked to consider
Code. The proposed
regulations and permit
9/28/09 and schedule
some housekeeping code changes to the Tukwila
code changes range from code clarification to updating
processes. The Council is being asked to hold a public
the adoption of the proposed changes on 10/5/09.
RI;:\'11 {UtI ;D BY ❑ COW Mtg.
❑ Utilities
DATE: 05/11/09;
Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
09/14/09
//
CA &P
Cmte ❑ Arts Comm.
07/27/09;
RECOMMENDATIONS:
SPONSOR
COMMTLE
/ADMIN. Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPuN1)r 1 URIs RI'.()t1IIu. I) AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/28/09
Forward to the Next Regular Meeting
MTG. DATE
ATTACHMENTS
09/28/09
Informational Memorandum dated 09/23/09 (amended after CAP to reflect change in
section numbers after ordinance was finalized)
Ordinance in Draft Form
Minutes from the Planning Commission meetings 06/25/09 and 08/27/09
Minutes from the Community Affairs and Parks Committee meeting of 09/14/09
10/5/09
Ordinance in Final Form
7
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT
VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC
PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION AND PLATS" AND
TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE
AND ITS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Zoning Code of the City of Tukwila lists churches as a conditional use
regardless of the size and does not list other religious facilities and in the past all religious
facilities have been regulated similar to churches, the Council wishes to amend the code to list
religious facilities as a separate use category and not require a conditional use process for
smaller facilities; and
WHEREAS, there are some updates needed to the landscape chapter to clarify landscaping
requirements for institutional uses in Low Density Zones, and to add specifications for plant
materials and soil; and
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City has received recommendations from Washington Cities Insurance
Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City
wishes to update its permit types and procedures based on WCIA's recommendations; and
WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for public notice
and the City wishes to update the mailing procedures to allow postcard mailings and email
notifications; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various procedures for
different types of permits and the City wishes to clarify those procedures including:
establishing expiration dates for Binding Site Improvement Plans, clarifying when design
review is required for multi- family developments, changing the parking determination for City
parks to be an administrative process, defining an occupancy permit as used in the Zoning
Code, and adding a requirement that review of technical studies may undergo peer review at
the expense of the applicant; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various development
standards and the City wishes to clarify and /or amend those development standards
including: clarifying the height in MUO zone, expanding the list of accessory uses, clarifying the
lot area definition to include the area of private road that serves up to four lots, increasing the
roof eaves overhang in the setback area to 24 inches and allowing other types of overhangs in
the setback area if approved as part of design review approval, allowing parking stalls to
overhang two feet in the landscaping area, allowing front yard landscaping to be divided into a
perimeter strip and other areas between the building and front property line, clarifying the
definition of street to include freeways and private access roads for the purposes of determining
the type of lot-corner or through lot, clarifying that parking in the rear setback of a single - family
home is allowed if it is connected to a rear alley, changing the definition of hotel /motel to be
consistent with the International Building Code, and adding a definition for an extended -stay
lodging facility; and
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the zoning and
subdivision code and adopted a motion recommending the proposed changes; and
WHEREAS, on September 28, 2009 the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 1 of 67
9
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2056 §1 (part), as codified at TMC Section
8.25.020, is amended to read as follows:
8.25.020 Parking Limitations
A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on
properties devoted to single - family residential use.
B. Motor vehicles on property devoted to single - family residential use shall be parked on
an approved durable uniform surface. Motor vehicles, other than those specified in TMC
Section 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks
when in a driveway that provides access to an approved parking location and is in conformance
with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking
in the rear setback of a single family -home is permitted where the parking is connected to a rear
alley.
C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved
durable uniform surface and shall not be parked, kept or stored in required front yard setbacks,
except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed,
provided no recreational vehicle is parked so as to prevent access by emergency responders to
all sides of a structure.
D. Approved durable uniform surfaces outside of structures on -site may cover a maximum
of 1,200 square feet or 10% of the lot surface, whichever is greater.
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement on the effective date of this ordinance may be maintained, but shall not be
expanded.
F. Single- family properties on pre - existing, legal lots of record containing less than 6,500
square feet are exempt from the requirements of 8.25.020D.
Section 2. Section Added. A new section is added to TMC Chapter 17.16 to read as follows:
17.16.070 Expiration
If the binding site improvement plan is not recorded within one year of the date of the
preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant
prior to the expiration date, the Short Subdivision Committee may grant one extension of not
more than one year.
Section 3. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.073, "Definitions," are amended to read as follows:
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short -
term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities,
hotels and motels, extended -stay hotels or motels, shelters and facilities which provide short- or
long -term care for tenants suffering from physical, mental or other disabilities.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.287 Extended -Stay Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings or portion thereof, the units
of which contain independent provisions for living, eating and sanitation including, but not
limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in
each unit, and are specifically constructed, kept, used, maintained, advertised and held out to
the public to be a place where temporary residence is offered for pay to persons for a minimum
stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or
motels shall not include dwelling units, as defined in this section, for permanent occupancy.
The specified units for extended -stay must conform to the required features, building code, and
fire code provisions for dwelling units as set forth in this code. Nothing in this definition
prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or
motels shall be required to meet the hotel /motel parking requirements. Not included are
institutions housing persons under legal restraint or requiring medical attention or care.
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
10
Page 2 of 67
Section 5. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.440, "Definitions," are amended to read as follows:
18.06.440 Hotel
"Hotel" means a building or buildings or portion thereof, the units of which are used,
rented or hired out as sleeping accommodations only for the purposes of transitory housing.
Hotel rooms shall have their own private toilet facilities and may or may not have their own
kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for
permanent occupancy. A central kitchen, dining room and accessory shops and services
catering to the general public can be provided. No room may be used by the same person or
persons for a period exceeding 30 calendar days per year. Not included are institutions housing
persons under legal restraint or requiring medical attention or care.
Section 6. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 §1 (part), as
codified at TMC Section 18.06.505, "Definitions," are amended to read as follows:
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive
of street right -of -way, street easement, fire access roads or private access roads except where the
private road serves four or fewer lots.
Section 7. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as
codified at TMC Section 18.06.585, "Definitions," are amended to read as follows:
18.06.585 Motel
"Motel" means a building or buildings or portion thereof, the units of which are used,
rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A
motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and
similar names but does not include accommodations for travel trailers or recreation vehicles.
Motel rooms shall have their own private toilet facilities and may or may not have their own
kitchen facilities. Motels are distinguished from hotels primarily by reason of providing
adjoining parking and direct independent access to each rental unit. Motels shall not include
dwelling units, as defined in this section, for permanent occupancy. No room may be used by
the same person or persons for a period exceeding 30 calendar days per year. Not induded are
institutions housing persons under legal restraint or requiring medical attention or care.
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.682 Religious Facility
"Religious facility" means a facility operated for worship, prayer, meditation or similar
activity by an organization granted tax exempt status by the Federal Internal Revenue Service.
Section 9. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as
codified at TMC Section 18.06.740, "Definitions," are amended to read as follows:
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot lines
except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24 -inch
overhang may also be allowed for portions of a building (such as a bay window) if approved as
part of design review approval where the overhang provides modulation of the facade.
Section 10. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as
codified at TMC Section 18.06.795, "Definitions," are amended to read as follows:
18.06.795 Street
"Street" means a public thoroughfare that affords the principal means of access to abutting
properties. Limited access state routes such as I -5, I-405, SR 518, subdivision tracts dedicated for
access, private easements for access and streets that provide no access to abutting properties
shall be considered streets for the purposes of determining the type of lots such as corner or
through lots and their setbacks and landscape requirements.
Section 11. Ordinances Amended. Ordinance Nos. 1989 §2, 1976 518 and 1758 51 (part), as
codified at TMC Section 18.10.030, are amended to read as follows:
18.10.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Low - Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 3 of 67
11
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single- family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 12. Ordinances Amended. Ordinance Nos. 2135 §3, 1976 §19, and 1758 §1 (part), as
codified at TMC Section 18.10.040, are amended to read as follows:
18.10.040 Conditional Uses
The following uses may be allowed within the Low- Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Cemeteries and crematories.
3. Religious facility and community center buildings.
4. Dormitories
5. Electrical substations — distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
8. Radio, television, microwave, cellular or observation stations and towers.
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
12
Page 4 of 67
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent
private schools.
Section 13. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section
18.10.055, is amended to read as follows:
18.10.055 Design Review
Design review is required for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses and
standards of an adjacent commercial zone.
Section 14. Ordinances Amended. Ordinance Nos. 1989 §3, 1976 §21, and 1758 §1 (part), as
codified at TMC Section 18.12.030, are amended to read as follows:
18.12.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Medium Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. Minimum lot of 7,200 square feet;
b. Accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. Dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. Minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet, and
f. the units are not sold as condominiums.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above -
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 15. Ordinances Amended. Ordinance Nos. 2135 §4, 1976 §22, and 1758 §1 (part), as
codified at TMC Section 18.12.040, are amended to read as follows:
18.12.040 Conditional Uses
The following uses may be allowed within the Medium Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 5 of 67
13
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is 12;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility and community center buildings.
5. Convalescent and nursing homes for not over 12 patients.
6. Dormitories.
7. Manufactured /mobile home park, meeting the following requirements:
a. the development site shall comprise not Less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the park;
and
d. emergency access shall be subject to the approval of the Tukwila Fire Department.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Libraries, museums or art galleries (public).
11. Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 16. Ordinances Amended. Ordinance Nos. 2005 §1, 1865 §11, and 1758 §1 (part), as
codified at TMC Section 18.12.060, are amended to read as follows:
18.12.060 Design Review
Design review is required for all new multi- family structures, mobile or manufactured
home parks, and for developments in a Commercial Redevelopment Area that propose the uses
and standards of an adjacent commercial zone. Multi- family structures up to 1,500 square feet
will be reviewed administratively.
Section 17. Ordinances Amended. Ordinance Nos. 1989 §4, 1976 §25, and 1758 §1 (part), as
codified at TMC Section 18.14.030, are amended to read as follows:
18.14.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the High- Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
W: \Word Processing \ Ordinances \Tide 15 Zoning Code Amend.doc
MD:ksn 09 /29/2009
14
Page 6 of 67
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
5. Home occupations.
6. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
7. Parking areas.
8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 18. Ordinances Amended. Ordinance Nos. 2135 §5, 1976 §26, and 1758 §1 (part), as
codified at TMC Section 18.14.040, are amended to read as follows:
18.14.040 Conditional Uses
The following uses may be allowed within the High- Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility and community center buildings.
5. Dormitories.
6. Electrical substations - distribution.
7. Fire and police stations.
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) induding, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 19. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.16.020, are amended to read
as follows:
18.16.020 Permitted Uses
The following uses are permitted outright within the Mixed -Use Office District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Beauty or barber shops.
3. Bicycle repair shops.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 7 of 67
15
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening 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. Dwelling - One detached single - family dwelling per existing lot.
11. Dwelling - Multi- family units above office and retail uses.
12. Dwelling - Senior citizen housing as a freestanding use subject to additional
requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial services.
20. Public parks, trails, picnic areas and playgrounds, but not including amusement parks,
golf courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Religious facility with art assembly area less than 750 square feet.
23. Restaurants, including cocktail lounges in conjunction with a restaurant.
24. 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 sporting goods, and similar items.
25. 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).
26. Schools and studios for education or self improvement.
27. Shelters.
28. Studios - art, photography, music, voice and dance.
29. Telephone exchanges.
30. 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 of the Tukwila Comprehensive Plan.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MO ksn 09 /29/2009
16
Page 8 of 67
Section 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 §1 (part), as codified
at TMC Section 18.16.030, are amended to read as follows:
18.16.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Mixed -Use Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Parking areas.
8. Recreational area and facilities for employees.
9. Residences for security or maintenance persormel.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 21. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6, and 1758 61
(part), as codified at TMC Section 18.16.040, are amended to read as follows:
18.16.040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Bed and breakfast lodging.
2. Cemeteries and crematories.
3. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
4. Colleges and universities.
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation - distribution.
7. Fire and police stations.
8. Hospitals, sanitariums, or similar institutions.
9. Park- and -ride lots.
10. Radio, television, microwave, or observation stations and towers.
11. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 9 of 67
17
Section 22. Ordinances Amended. Ordinance Nos. 1976 §30, 1872 §1, 1865 §18, 1830 §7, and
1758 §1 (part), as codified at TMC Section 18.16.080, are amended to read as follows:
18.16.080 Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed and
referenced standards. In the Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback
and landscaping standards may be waived by the Director of Community Development as a
Type 2 decision when an applicant can demonstrate that shared parking is provided. If a
project requires a Type 4 approval process, certain setbacks and landscaping may be waived by
the BAR when an applicant can demonstrate that the number of driveways is reduced,
efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented
space is provided. Landscaping and setback standards may not be waived on commercial
property sides adjacent to residential districts. (See the Tukwila International Boulevard Design
Manual for more detailed directions.)
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit, multi- family (except
senior citizen housing), minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for
further requirements
• Front
15 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
5 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit (1,000 sq. ft.
min.) ..
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off -street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street Parking
Sr Loading Regulations
• Accessory dwelling unit
See TMC Section 18.16.030, Accessory Uses
• Office, minimum
3 per 1,000 sq. ft. usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft. usable floor area
• Other uses, including senior citizen
housing
See TMC Chapter 18.56, Off -street Parking
Sr Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise ", and,
(3) adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
18
Page 10 of 67
Section 23. Ordinances Amended. Ordinance Nos. 2097 §9,1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.18.020, are amended to read
as follows:
18.18.020 Permitted Uses
The following uses are permitted outright within the Office District, subject to compliance
with all other applicable requirements of the Tukwila 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 pedestrian 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. Libraries, 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. Religious facility with an assembly area less than 750 square feet.
19. Restaurants, including cocktail lounges in conjunction with a restaurant.
20. 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).
21. Schools and studios for education or self - improvement.
22. Shelters.
23. Studios - art, photography, music, voice and dance.
24. Telephone exchanges.
25. Other uses riot 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 of the Tukwila Comprehensive Plan.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Ainend.doc
MD:ksn 09/29/2009
Page ll of 67
19
Section 24. Ordinances Amended. Ordinance Nos. 1976 §32, and 1758 §1 (part), as codified
at TMC Section 18.18.030, are amended to read as follows:
18.18.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personneL
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 25. Ordinances Amended. Ordinance Nos. 2135 §7, 1986 §5, 1976 §33, 1865 §19, 1830
§9, and 1758 §1 (part), as codified at TMC Section 18.18.040, are amended to read as follows:
18.18.040 Conditional Uses
The following uses may be allowed within the Office District, subject to the requirements,
procedures, and conditions established by TMC Section 18.18.64, Conditional Use Permits.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations- distribution.
6. Fire and police stations.
7. Hospitals, sanitariums, or similar institutions.
8. Park - and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
20
Page 12 of 67
Section 26. Ordinances Amended. Ordinance Nos. 2097 §12, 1976 §36 and 1758 §1 (part), as
codified at TMC Section 18.20.020, are amended to read as follows:
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
11. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate
g. commercial
12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
13. Religious facility with an assembly area less than 750 square feet.
14. 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 sporting goods, and similar items.
15. Schools and studios for education or self - improvement.
16. Studios - art, photography, music, voice and dance.
17. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other use 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 27. Ordinances Amended. Ordinance Nos. 1976 §37 and 1758 §1 (part), as codified
at TMC Section 18.20.030, are amended to read as follows:
18.20.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Residential Commercial Center District.
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 13 of 67
21
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities or schools.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 28. Ordinances Amended. Ordinance Nos. 2135 §8, 1976 §38, 1814 §3 and 1758 §1
(part), as codified at TMC Section 18.20.040, are amended to read as follows:
18.20.040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Brew pubs.
2. Convalescent and nursing homes for not more than 12 patients.
3. Fire and police stations.
4. Fraternal organizations.
5. Libraries, museums or art galleries (public).
6. Radio, television, microwave, or observation stations and towers.
7. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
8. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
9. Restaurants, including cocktail lounges in conjunction with a restaurant.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 29. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11,
1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.22.020, are amended to read as
follows:
18.22.020 Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
W: \Word Processing\ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
22
Page 14 of 67
6. Bus stations.
7. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant 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, ink, paints, paper,
plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting the
City's performance standards and offering their services to the local populace on a walk-in
basis;
g. businesses that service and repair the above products, that are entirely enclosed
within a building, offering their services to the local populace on a walk -in basis and meeting
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 nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling - One detached single - family dwelling per existing lot.
13. Dwelling - Multi - family units above office, and retail uses.
14. Financial:
a. banking
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 - service
b. dry- cleaning
c. tailor, dyeing
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, or three stories in the Urban Redevelopment Area: along Tukwila
International Boulevard, 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
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. Plumbing shops (no tin work or outside storage).
25. Recreation facilities (commercial - indoor), athletic or health clubs.
26. Religious facility with an assembly area less than 750 square feet.
27. Restaurants, including cocktail lounges in conjunction with a restaurant.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 15 of 67
23
28. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
29. 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 sporting goods, and similar items.
30. Schools and studios for education or self - improvement.
31. Studios - art, photography, music, voice and dance.
32. Telephone exchanges.
33. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or
warehousing.
35. 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 of the Tukwila Comprehensive Plan.
Section 30. Ordinances Amended. Ordinance Nos. 1976 §41 and 1758 §1 (part), as codified
at TMC Section 18.22.030, are amended to read as follows:
18.22.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Neighborhood Commercial Center
District.
1. Billiard or pool rooms.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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.
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MDiksn 09/29/2009
24
Page 16 of 67
Section 31. Ordinances Amended. Ordinance Nos. 2135 §9, 1865 §23, 1830 §12 and 1758 §1
(part), as codified at TMC Section 18.22.040, are amended to read as follows:
18.22.040 Conditional Uses
The following uses may be allowed within the Neighborhood Commercial Center District,
subject to the requirements, procedures, and conditions established by TMC Chapter 18.64,
Conditional Use Permits.
1. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
2. Colleges and universities.
3. Convalescent and nursing homes for more than 12 patients.
4. Electrical substations - distribution.
5. Fire and police stations.
6. Park- and -ride lots.
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior; or senior high schools (public), and equivalent
private schools.
Section 32. Ordinances Amended. Ordinance Nos. 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830
§14, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.24.020, are amended to read
as follows:
18.24.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this Chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following: foods, including but not limited
to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 17 of 67
25
16. Day care centers.
17. Dwelling — Multi- family units on a lot that does not front on Tukwila International
Boulevard subject to the HDR requirements of TMC Section 18.50.083, Maximum Building
Length, and TMC Section 18.52.060, 2.-4., Recreation Space Requirements.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
26
Page 18 of 67
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self - improvement.
47. Self- storage facilities.
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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 of the Tukwila Comprehensive Plan.
Section 33. Ordinances Amended. Ordinance Nos. 1989 §5, 1976 §43 (part) and 1758 §1
(part), as codified at TMC Section 18.24.030, are amended to read as follows:
18.24.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 34. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3,1865 §28, 1830 §15 and
1758 §1 (part), as codified at TMC Section 18.24.040, are amended to read as follows:
18.24.040 Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 19 of 67
27
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Internet data /telecommunication centers.
12. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
13. Park- and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 35. Ordinances Amended. Ordinance Nos. 2021 §3,1986 §8, 1971 §11, 1830 §17, 1814
§2 (part) and 1758 §1 (part), as codified at TMC Section 18.26.020, are amended to read as
follows:
18.26.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial Mixed -Use
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (endosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package foods, including but not limited to baked
goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen
foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Dwelling - Multi- family units above office and retail uses.
18. Extended -stay hotel /motel.
19. Financial:
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
28
Page 20 of 67
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self - improvement.
47. Self- storage facilities.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 21of67
29
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 36. Ordinances Amended. Ordinance Nos. 1989 §6, 1986 §5, 1976 §49 and 1758 §1
(part), as codified at TMC Section 18.26.030, are amended to read as follows:
18.26.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 37. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18,
and 1758 §1 (part), as codified at TMC Section 18.26.040, are amended to read as follows:
18.26.040 Conditional Uses .
The following uses may be allowed within the Regional Commercial Mixed -Use District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums or similar institutions.
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend:doc
MD:ksn 09 /29/2009
30
Page 22 of 67
11. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
12. Park- and -ride lots.
13. Pawnbrokers.
14. Radio, television, microwave, or observation stations and towers.
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 38. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.020, is amended to read as follows:
18.28.020 Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used
car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Extended -stay hotel /motel.
18. Financial:
a. banking
b. mortgage
c. other services
19. Fix-it, radio or television repair shops /rental shops.
20. Fraternal organizations.
21. Frozen food lockers for individual or family use.
22. Greenhouses or nurseries (commercial).
23. Heavy equipment repair and salvage.
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend,doc
MD:ksn 09/29/2009
Page 23 of 67
31
26. Internet data/ telecommunication centers
27. Laundries;
a. self- service
b. dry cleaning
c. tailor, dyeing
28. Libraries, museums or art galleries (public).
29. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
30. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
31. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
32. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
33. Medical and dental laboratories.
34. Mortician and funeral homes.
35. Motels.
36. 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
37. Outpatient, inpatient, and emergency medical and dental.
38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
39. Pawnbrokers
40. Planned shopping center (mall).
41. Plumbing shops (no tin work or outside storage).
42. Railroad tracks (including lead, spur, loading or storage).
43. Recreation facilities (commercial - indoor) athletic or health clubs.
44. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
45. Religious facility with an assembly area less than 750 square feet.
46. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
47. Restaurants, including.
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
48. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
49. 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 sporting goods, and similar items.
50. Schools and studios for education or self improvement.
51. Self- storage facilities.
52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
32
Page 24 of 67
53. Studios - art, photography, music, voice and dance.
54. Taverns, nightclubs.
55. Telephone exchanges.
56. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
57. Warehouse storage and /or wholesale distribution facilities.
58. 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 of the Tukwila Comprehensive Plan.
Section 39. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.030, is amended to read as follows:
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 40. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2 (part), as
codified at TMC Section 18.28.040, are amended to read as follows:
18.28.040 Conditional Uses
The following uses may allowed within the Tukwila Urban Center District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Bed - and - breakfast lodging; 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. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi- family units (max. 22.0 units/ acre except senior citizen housing which
is allowed to 100 units /acre, as a mixed -use 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 Minlder Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
9. Transit- oriented development housing (which is allowed to 65 units /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.
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 25 of 67
33
10. Drive -in theaters.
11. Electrical substations - distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
15. Park- and -ride lots.
16. Radio, television, microwave, or observation stations and towers.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private schools.
Section 41. Ordinances Amended. Ordinance Nos. 2021 55, 1986 510, 1974 56, 1971 513, 1830
523, 1814 52 (part) and 1758 51 (part), as codified at TMC Section 18.30.020, are amended to read
as follows:
18.30.020 Permitted Uses
The following uses are permitted outright within the Commercial Light Industrial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (endosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
34
Page 26 of 67
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type Ill landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Day care centers.
18. Extended -stay hotel /motel
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Heavy equipment repair and salvage.
25. Hotels.
26. Industries involved with etching, film processing, lithography, printing, and publishing.
27. Internet data/ telecommunication centers
28. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
29. Libraries, museums or art galleries (public).
30. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
31. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
32. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, . glass, ink, paint,
paper, plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical
b. dental
c. government, excluding fire and police
d. stations
e. professional
f. administrative
g. business, such as travel, real estate
h. commercial
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 27 of 67
35
39. Outpatient, inpatient, and emergency medical and dental.
40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Railroad tracks, (including lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor) - athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini - vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
52. 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 sporting goods, and similar items.
53. 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.
54. Salvage and wrecking operations that are entirely enclosed within a building.
55. Schools and studios for education or self improvement.
56. Self- storage facilities.
57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
58. Studios - art, photography, music, voice and dance.
59. Taverns, nightclubs.
60. Telephone exchanges.
61. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
62. Tow truck operations, subject to all additional State and local regulations.
63. Truck terminals.
64. Warehouse storage and /or wholesale distribution facilities.
65. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 42. Ordinances Amended. Ordinance Nos. 1989 §8, 1976 §52 and 1758 §1 (part), as
codified at TMC Section 18.30.030, are amended to read as follows:
18.30.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Commercial Light Industrial District.
1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
W:\ Word Processing \ Ordinances \ Title 18 Zoning Code Atnend.doc
MD:ksn 09/29/2009
36
Page 28 of 67
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 43. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1
(part), as codified at TMC Section 18.30.040, are amended to read as follows:
18.30.040 Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
12. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
14. Park- and -ride lots.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 44. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11, 1974 §7, 1971 §14, 1814
§2 (part), 1774 §1 and 1758 §1 (part), as codified at TMC Section 18.32.020, are amended to read
as follows:
18.32.020 Permitted Uses
The following uses are permitted outright within the Light Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 29 of 67
37
(a) Public or private school with curricula 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 library;
(b) public park, frail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix-it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data /telecommunication centers.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Arnend.doc
MD:ksn 09 /29/2009
38
Page 30 of 67
29. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
31. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
32. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tiles, and woods.
33. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
34. Medical and dental laboratories.
35. Mortician and funeral homes.
36. Motels.
37. 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
38. Outpatient, inpatient, and emergency medical and dental.
39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
40. Pawnbrokers.
41. Planned shopping center (Mall).
42. Plumbing shops (no tin work or outside storage).
43. Railroad tracks (including lead, spur, loading or storage).
44. Recreation facilities (commercial - indoor) - athletic or health clubs.
45. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
46. Religious facility with an assembly area less than 750 square feet.
47. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
50. 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 sporting goods, and similar items.
51. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lum-
ber /building materials, lawn and garden supplies, farm 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 building.
54. Schools and studios 'for education or self improvement.
55. Self- storage facilities.
W: \Word Processing \Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 31 of 67
39
56. Storage (outdoors) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
57. Taverns, nightclubs.
58. Telephone exchanges.
59. Theaters, excluding "adult entertainment establishments," as defined by this Code.
60. Tow truck operations, subject to all additional State and local regulations.
61. Truck terminals.
62. Warehouse storage and /or wholesale distribution facilities.
63. 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 of the Tukwila Comprehensive Plan.
Section 45. Ordinances Amended. Ordinance Nos. 1976 §54 and 1758 §1 (part), as codified
at TMC Section 18.32.030, are amended to read as follows:
18.32.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Light Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 46. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1 (part), as
codified at TMC Section 18.32.040, are amended to read as follows:
18.32.040 Conditional Uses
The following uses may be allowed within the Light Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hospitals, sanitariums, or similar institutions.
10. Manufacturing, processing and/ or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
11. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
12. Park -and -ride lots.
13. Radio, television, microwave, or observation stations and towers.
14. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
40
Page 32 of 67
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Rock crushing, asphalt or concrete hatching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 47. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814
§2 (part), 1774 §2 and 1758 §1 (part), as codified at TMC Section 18.34.020, are amended to read
as follows:
18.34.020 Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 33 of 67
41
a. banking
b. mortgage
c. other services
18. Fix-it, radio or television repair shops /rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data/ telecommunication centers.
26. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
29. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
31. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
42. Pawnbrokers.
43. Planned shopping center (mall).
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
42
Page 34 of 67
44. Plumbing shops (no tin work or outside storage).
45. Railroad tracks, (including lead, spur, loading or storage).
46. Recreation facilities (commercial - indoor), athletic or health clubs.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. 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 sporting goods, and similar items.
52. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
53. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
54. 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.
55. Salvage and wrecking operations.
56. Schools and studios for education or self - improvement.
57. Self- storage facilities.
58. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Taverns, nightclubs.
61. Telephone exchanges.
62. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
63. Tow truck operations, subject to all additional State and local regulations.
64. Truck terminals.
65. Warehouse storage and /or wholesale distribution facilities.
66. 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 of the Tukwila Comprehensive Plan.
Section 48. Ordinances Amended. Ordinance Nos. 1971 §55 and 1758 §1 (part), as codified
at TMC Section 18.34.030, are amended to read as follows:
18.34.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Heavy Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 35 of 67
43
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 49. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 (part) and 1758 §1
(part), as codified at TMC Section 18.34.040, are amended to read as follows:
18.34.040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with
state siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals, sanitariums, or similar institutions.
11. Park- and -ride lots.
12. Radio, television, microwave, or observation stations and towers.
13. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
Section 50. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954
§2, 1814 §2 (part), 1774 §3 and 1758 §1 (part), as codified at TMC Section 18.36.020, are amended
to read as follows:
18.36.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial
Center /Light Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
W: \Word Processing \ Ordinances \ Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
44
Page 36 of 67
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Commercial laundries.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel.
11. Heavy equipment repair and salvage.
12. Hotels.
13. Industries involved with etching, film processing, lithography, printing, and publishing.
14. Internet data/ telecommunication centers.
15. Laundries:
a. self - service
b. dry deaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
18. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
19. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
20. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
21. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
22. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
23. Motels.
24. Offices including but not limited to software development and similar uses, financial
services, schools and studios for education or self - improvement less than 20,000 square feet.
25. Outpatient, inpatient, and emergency medical and dental.
26. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
27. Railroad tracks, (including lead, spur, loading or storage).
28. Recreation facilities (commercial - indoor) - athletic or health clubs.
29. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
30. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
31. Research and development facilities.
32. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 37 of 67
45
33. 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.
34. Salvage and wrecking operations which are entirely enclosed within a building.
35. Self- storage facilities.
36. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
37. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
38. Taverns, nightclubs.
39. Telephone exchanges.
40. Tow truck operations, subject to all additional State and local regulations.
41. Truck terminals.
42. Warehouse storage and /or wholesale distribution facilities.
43. 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 of the Tukwila Comprehensive Plan.
Section 51. Ordinances Amended. Ordinance Nos. 1976 §56 and 1758 §1 (part), as codified
at TMC Section 18.36.030, are amended to read as follows:
18.36.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 52. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 §9,1986 §14, 1974 §10, 1971
§16, 1814 §2 (part), 1774 §4 and 1758 §1 (part), as codified at TMC Section 18.38.020, are
amended to read as follows:
18.38.020 Perrnitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center -
Heavy Industrial District, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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:
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
46
Page 38 of 67
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Computer software development and similar uses.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel
11. Financial:
a. banking
b. mortgage
c. other services
12. Heavy equipment repair and salvage.
13. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop
hammering.
14. Hotels.
15. Industries involved with etching, film processing, lithography, printing, and publishing.
16. Internet data /telecommunication centers.
17. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
18. Libraries, museums or art galleries (public).
19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
20. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
21. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
22. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
23. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
24. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MDksn 09/29/2009
Page 39 of 67
47
25. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
26. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
27. Motels.
28. Offices; must be associated with another permitted uses (e.g., administrative offices for a
manufacturing company present within the MIC).
29. Outpatient, inpatient, and emergency medical and dental.
30. Parks, trails, picnic areas and playgrounds (public) but not induding amusement parks,
golf courses, or commercial recreation.
31. Railroad tracks, (including lead, spur, loading or storage).
32. Recreation facilities (commercial - indoor), athletic or health clubs.
33. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
34. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
35. Research and development facilities.
36. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
37. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
38. 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.
39. Salvage and wrecking operations.
40. Schools and studios for education or self - improvement.
41. Self- storage facilities.
42. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
43. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
44. Taverns, nightclubs.
45. Telephone exchanges.
46. Tow truck operations, subject to all additional State and local regulations.
47. Truck terminals.
48. Warehouse storage and /or wholesale distribution facilities.
49. 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 of the Tukwila Comprehensive Plan.
Section 53. Ordinances Amended. Ordinance Nos. 1976 §57 and 1758 §1 (part), as codified
at TMC Section 18.38.030, are amended to read as follows:
1838.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and dearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as universities, colleges or schools.
3. Parking areas.
W:\ Word Processing\ Ordinances \ Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
48
Page 40 of 67
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 54. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15,
1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 0. (part), as codified at TMC Section
18.40.020, are amended to read as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
13. Computer software development and similar uses.
14. Contractor storage yards.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 41 of 67
49
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwelling - One detached single - family unit per existing lot (includes factory built or
modular home that meets UBC).
19. Extended -stay hotel /motel.
20. Farming and farm- related activities.
21. Financial:
a. banking
b. mortgage
c. other services
22. Fix-it, radio or television repair shops /rental shops.
23. Fraternal organizations.
24. Frozen food lockers for individual or family use.
25. Greenhouses or nurseries (commercial).
26. Heavy equipment repair and salvage.
27. Hotels.
28. Industries involved with etching, film processing, lithography, printing, and publishing.
29. Internet data/ telecommunication centers.
30. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
31. Libraries, museums or art galleries (public).
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and/ or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
45. Railroad tracks, (including lead, spur, loading or storage).
46. Recreation facilities (commercial - indoor), athletic or health clubs.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
50
Page 42 of 67
47. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
48. Religious facility with an assembly area of less than 750 square feet.
49. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
50. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
51. Research and development facilities.
52. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
53. 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 sporting goods, and similar items.
54. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
55. 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.
56. Salvage and wrecking operations that are entirely enclosed within a building.
57. Schools and studios for education or self - improvement.
58. Self- storage facilities.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Studios - art, photography, music, voice and dance.
61. Taverns, nightclubs.
62. Telephone exchanges.
63. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
64. Tow truck operations, subject to all additional State and local regulations.
65. Truck terminals.
66. Warehouse storage and /or wholesale distribution facilities.
67. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 55. Ordinances Amended. Ordinance Nos. 1976 §59 and 1758 §1 (part), as codified
at TMC Section 18.40.030, are amended to read as follows:
18.40.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila Valley South District, as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property,
d. dwelling unit is incorporated into the primary detached single- family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 43 of 67
51
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 56. Ordinances Amended. Ordinance Nos. 2135 §18, 1865 §46, 1830 §26 and 1758 §1.
(part), as codified at TMC Section 18.40.040, are amended to read as follows:
18.40.040 Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Dwelling - Multi- family units (maximum 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use 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 Minider Pond.
9. Electrical substations - distribution.
10. Fire and police stations.
11. Hospitals, sanitariums, or similar institutions.
12. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
14. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting and similar heavy industrial uses.
15. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
16. Park- and -ride lots.
17. Radio, television, microwave, or observation stations and towers.
18. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
19. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
21. Salvage and wrecking operations.
W: \Word Processing \ Ordinances \Tale 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
52
Page 44 of 67
22. Schools, preschool, elementary, junior or high schools (public), and equivalent private
schools.
23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
Section 57. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.020, is amended to read as follows:
18.41.020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult day care.
2. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, frail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following 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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
3. Amusement parks.
4. 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.
5. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
6. Beauty or barber shops.
7. Bed and breakfast lodging.
8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenters shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Day care centers.
W:\ Word Processing \ Ordinances \ Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 45 of 67
53
19. Dwelling (allowed after residential design manual with criteria for approval is adopted
by ordinance):
a. one detached single- family unit per lot
b. multi- family
c. multi- family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution.
21. Extended -stay hotel /motel.
22. Farming and farm- related activities.
23. Financial:
a. banking
b. mortgage
c. other services
24. Fire and police stations.
25. Fix-it, radio or television repair shops /rental shops.
26. Fraternal organizations.
27. Frozen food lockers for individual or family use.
28. Greenhouses or nurseries (commercial).
29. Hospitals, sanitariums and similar uses.
30. Hotels.
31. Industries involved with etching, film processing, lithography, printing, and publishing.
32. Internet data telecommunication centers.
33. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
d. commercial
34. Libraries, museums or art galleries (public).
35. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
36. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
37. Manufacturing, processing, and/ or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
38. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
39. Medical and dental laboratories.
40. Motels.
41. Movie theaters with three or fewer screens.
42. Neighborhood stormwater detention and treatment facilities.
43. 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
44. Outpatient, inpatient, and emergency medical and dental.
45. Pawnbrokers.
46. Planned shopping center (mall) up to 500,000 square feet.
47. Plumbing shops (no tin work or outside storage).
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
54
Page 46 of 67
48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
49. Private stable.
50. Recreation facilities ( commerdal - indoor), athletic or health clubs.
51. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
52. Religious facility with an assembly area of less than 750 square feet.
53. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
54. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
55. Research and development facilities.
56. Restaurants, including:
a. drive- through
b. sit down, cocktail lounges in conjunction with a restaurant
57. 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, dothing, shoes, flowers, plants, pets, jewelry, gifts, recreation
equipment and sporting goods, and similar items.
58. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
59. 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.
60. Schools and studios for education or self - improvement.
61. Self- storage facilities.
62. Sewage lift stations.
63. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
64. Studios - art, photography, music, voice and dance.
65. Taverns, nightclubs.
66. Telephone exchanges.
67. Theaters for live performances only, not including adult entertainment establishments.
68. Tow truck operations, subject to all additional State and local regulations.
69. Water pump station.
70. Vehicle storage (no customers on site; does not include park -and -fly operations).
71. 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 of the Tukwila Comprehensive Plan.
Section 58. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.030, is amended to read as follows:
18.41.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila South Overlay District as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
W: \Word Processing \ Ordinances \Tide 16 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 47 of 67
55
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personneL
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other uses permitted outright within this
district this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 59. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.040, is amended to read as follows:
18.41.040 Conditional Uses
The following uses may be allowed within the Tukwila South Overlay District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title and subject to a determination that the use is consistent with and furthers the vision
and principles established by the Tukwila South Master Plan.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
3. Helipads, accessory.
4. Utilities, regional.
5. Mortician and funeral homes.
6. Park- and -ride lots.
7. Radios, television, microwave, cellular or observation stations and towers.
8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
9. Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of _25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
11. Other uses not specifically listed in this title, which the Director determines to
be:
a. similar in nature to and compatible with other conditional uses permitted 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 60. Section Added. A new section is added to TMC Chapter 18.50 to read as
follows:
18.50.200 Peer Review of Technical Studies
The Department of Community Development will review all technical information
submitted as part of any application to verify it meets all requirements of the Tukwila
Municipal Code. At the discretion of the Director, any technical studies required as part of the
application including, but not limited to, noise reports, lighting plans, and parking demand
studies, may undergo peer review at the expense of the applicant.
W: \Word Processing \ Ordinances \ Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
56
Page 48 of 67
Section 61. Ordinances Amended. Ordinance Nos. 2235 513 and 1852 514, as codified at
TMC Section 18.52.020, are amended to read as follows:
18.52.020 Perimeter Landscaping Requirements by Zone District
A. In the various zone districts of the City, landscaping in the front, rear and side yards
shall be provided as established by the various zone district chapters of this title. These
requirements are summarized in the following table.
Zoning Districts
Front Yard
(Second
Front)
Landscape
Type for
Fronts
Side
Yard
Rear
Yard
Landscape
Type for
Side/Rear
LDR (for uses other
than dwelling units)
15 (2)
Type I
10
10
Type I
MDR
15 (1.2)
Type I
10
10
Type I
HDR
15 (1,2)
Type I
10
10
Type I
MUO
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
0
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
RCC
20 (10) (2.3)
Type I (6)
5 (3)
10
Type II
NCC
5 (4)
Type I (6)
0 (3)
0 (3)
Type II
RC
10
Type I
5 (3)
0 (3)
Type II (7)
RCM
10
Type I
5 (3)
0 (3)
Type ll (7)
TUC
15 (3)
Type I (3)
0 (3)
0 (3)
Type 11 (7)
C/ LI
12.5 (s)
Type I (5)
5 (4)
0 (4)
Type II (2)
LI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
HI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
MIC /L
5 (5)
Type II
0 (4)
0 (4)
Type III
MIC /H
5 (s)
Type II
0 (4)
0 (4)
Type III
TVS
15 (2.3)
Type II
0 (3)
0 (3)
Type III
'ISO
15 (6.2)
Type I
0 (9)
0 (9)
Type III
Notes:
(1) Minimum required front yard landscaped areas in the MDR and HDR zones may
have up to 20% of their required landscape area developed for pedestrian and transit facilities
upon approval as a Type 2 special permission decision.
(2) In order to provide flexibility of the site design while still providing the full amount
of landscaping required by code, the front yard landscape width may be divided into a
perimeter strip and one or more other landscape areas between the building and the front
property line, if the perimeter strip is a minimum of ten feet and the landscape materials are
sufficient to provide landscaping along the perimeter and screening of the building mass.
(3) Required landscaping may include a mix of plant materials, pedestrian amenities
and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2
special permission decision. Required plant materials will be reduced in proportion to the
amount of perimeter area devoted to pedestrian oriented space.
(4) Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(3) Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(6) Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
(7) Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or
(e) Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
HDR.
(9) Only required along public streets.
CM Increased to 10 feet if adjacent to residential uses or non -TSO zoning.
B. The landscape perimeter may be averaged if the total required square footage is
achieved, unless the landscaping requirement has been increased due to proximity to LDR,
MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission
decision if all of the following criteria are met:
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 49 of 67
57
1. Plant material can be clustered to more effectively screen parking areas and blank
building walls.
2. Perimeter averaging enables significant trees or existing built features to be retained.
3. Perimeter averaging is used to reduce the number of driveways and curb cuts and
allow joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities on the
site become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
Section 62. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section
18.52.030, is amended to read as follows:
18.52.030 Perimeter Landscape Types
A. Type I landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation
between uses and zoning districts, screen parking areas, and allow views to building entryways
and signage.
2. Plant materials shall consist of the following:
a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a
planted berm at least 24 inches high; and
c. Living groundcover to cover 90% of the landscape area within three years.
B. Type II landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and parking areas, and allow
views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; and
c. Living groundcover to cover 90% of the landscape area within three years.
Type III landscape perimeter.
1. Purpose is to provide extensive visual separation between industrial areas and
nearby residential areas.
2. Plant materials shall consist of the following:
a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and
b. Shrubs to provide a solid planting screen with a height of five to eight feet or a
solid wooden fence or masonry wall to be approved by the Community Development Director;
C.
and
c. Living groundcover to cover 90% of the landscape area within three years.
D. Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association - ANLA), and shall be healthy, vigorous, and well - formed,
with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be
free from damage caused by temperature extremes, lack of excess moisture, insects, disease, and
mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be
habituated to outdoor environmental conditions (hardened -off).
2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
3. Deciduous trees shall be used to allow visual access to entryways, signage and
pedestrian use areas.
4. Evergreen shrubs shall be used to screen parking lots along street frontages.
5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be
evergreen.
6. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
7. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined
according to the American Standard for Nursery Stock.
8. Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current King County Noxious Weed list may be used.
W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
58
Page 50 of 67
10. Existing vegetation may be used to meet the requirements of this chapter. All
significant trees located within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a safety hazard as determined by the
Community Development Director shall be retained.
11. The classification of plant material as trees, shrubs and evergreens shall be as listed
in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada.
Section 63. Ordinance Amended. Ordinance No. 2235 §14 (part), as codified at TMC Section
18.52.035, is amended to read as follows:
18.52.035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below.
1. Requirements for each distinctly separate parking area within the LDR zone for uses
other than dwelling units, and in the MDR and HDR zones:
a. For areas with up to 20 parking stalls per parking area, no interior landscaping is
b. For areas with 21-40 parking stalls per parking area, 7 square feet of interior
landscape area is required for each parking stall.
c. For areas with more than 40 parking stalls per parking area, 12 square feet of
interior landscape area is required for each parking stall (see Multi- Family Design Guidelines,
Site Planning Section, No. 31 for the norma115 square feet to be provided). •
d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet
wide with an average width of 5 feet.
2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones:
a. For lots with up to 20 parking stalls, no interior landscaping is required.
b. For lots with 21-40 parking stalls, a minimum of 10 square feet of interior
landscape area is required for each parking stall over 20.
c. For lots with more than 40 parking stalls, a minimum of 200 square feet of
interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas
placed behind buildings or otherwise screened from streets, parks and City trails the interior
landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each
parking stall over 40.
3. Requirements for parking lots within the RC, RCM, TUC, C /LI, TSO and TVS zones:
a. For areas adjacent to public or private streets, a minimum of 15 square feet of
landscaping is required for each parking stall.
b. For areas placed behind buildings or otherwise screened from streets, parks and
City trails a minimum of 10 square feet of interior landscape area is required for each parking
stall.
required.
4. Planting Standards:
a. Interior landscape islands shall be distributed to break up expanses of paving.
Landscaped areas shall be placed at the ends of each interior row in the parking area with no
stall more than 10 stalls or 100 feet from a landscape area.
b. The minimum size for interior parking lot planting islands is 100 square feet.
c. Planting islands shall be a minimum of 6 feet in any direction and generally the
length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to prevent
plant material from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous tree is required per landscape island
with the remaining area to contain a combination of shrubs, living groundcover and mulch.
Section 64. Ordinance Amended. Ordinance No. 1872 614 (part), as codified at TMC Section
18.52.040, is amended to read as follows:
18.52.040 General Landscape and Screening Requirements
A. Appropriate plant materials. New plant materials shall include native species or non-
native species that have adapted to the climatic conditions of the Puget Sound Region and are
suited to the planting site, taking into account final plant size, stresses such as heat or freezing,
space for planting, overhead lines or underground utilities present and shade or sun exposure.
Drought resistant species are encouraged, except where site conditions within the required
landscape areas assure adequate moisture for growth. Grass may be used as a groundcover
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 51 of 67
59
where existing or amended soil conditions assure adequate moisture for growth. Landscape
perimeter trees should be selected for compatibility with existing plant material or street trees.
B. Site preparation. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term health and survival and
shall include incorporation and tilling in of organic material to a depth of 18 inches and
mulching.
C. Coverage standards. All landscaped areas in the MDR and HDR zones (including shrub
beds) shall achieve 90% live ground coverage in three years and all areas not occupied by a
building (including surface parking areas) shall achieve 40% horizontal tree coverage in ten
years.
D. Visibility. The landscaping shall riot obstruct view from or into the driveway, sidewalk
or street. Landscape design shall allow for surveillance from streets and buildings and avoid
creating areas that might harbor criminal activity. No shrubs shall be planted or allowed to
grow over two feet in height within thirty feet of intersecting curblines or pavement edges (see
TMC Section 11.20.090). No tree may be planted within two feet of a sidewalk or pavement
edge.
E. Outside storage areas. Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall be a minimum of eight feet high
and not less than 60% of the height of the material stored. Said screens shall be specified on the
plot plan and approved by the Community Development Director. Except in the MDR and
HDR zones, where outdoor storage shall be fully screened from all public roadways and
adjacent parcels with a sight obscuring structure equal in height to the stored objects and with a
solid screen of exterior landscaping. A top screen cover may be exempted if the item(s) has a
finished top and an equivalent design quality is maintained. The screening structure shall
reflect building architecture as determined by the BAR to be appropriate.
F. Ground level mechanical equipment and garbage storage areas shall be screened with
evergreen plant materials and /or fences or masonry walls.
G. Fences. All fences shall be placed on the interior side of any required perimeter
landscaping.
H. Lighting. Trees shall riot be planted in locations where they would obstruct existing or
planned street or site lighting.
I. Automatic irrigation. All landscape areas shall be served by an automatic irrigation
system. Water conservation features such as moisture sensors with automatic rain shut -off
devices, automatic timers, pressure regulating devices, backflow prevention devices, separate
irrigation zones for grass and planting beds, and sprinkler heads matched to site and plant
conditions shall be installed. Irrigation water shall be applied with goals of avoiding runoff and
overspray onto adjacent property, non irrigated areas and impervious surfaces.
J. Utility easements. Utility easements and other similar areas between property lines and
curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing
such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In
areas of overhead transmission lines, no shrubs or trees over 20 feet at maturity will be allowed.
Trees should not be planted within 10 feet of underground water, sewer or storm drainage
pipes.
Section 65. Ordinances Amended. Ordinance Nos. 1971 §19 and 1872 §14 (part), as codified
at TMC Section 18.52.050, are amended to read as follows:
18.52.050 Landscape Plan Requirements
A. A Washington State licensed landscape architect shall prepare and stamp the landscape
plans in accordance with the standards herein. Detailed plans for landscaping and screening
shall be submitted with plans for building and site improvements. Included in the plans shall be
type, quantity, spacing and location of plants and materials, site.preparation and specifications
for soils and mulches, location of all overhead and underground utilities (so as to avoid
conflicts with proposed planting locations), typical planting details and the location of irrigation
systems.
B. Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the certificate of
occupancy. If necessary due to weather conditions or construction scheduling the installation
may be postponed to the next planting season if approved by the Community Development
Director and stated on the building permit. A performance assurance device equal to 150% of
the cost of the labor and materials must be provided to the City before the deferral is approved.
The property owner shall keep all planting areas free of weeds and trash and replace any
W: \Word Processing\ Ordinances \ Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
60
Page 52 of 67
unhealthy or dead plant materials for the life of the project in conformance with the intent of the
approved landscape plan and TMC Section 8.28.180.
Section 66. Ordinances Amended. Ordinance Nos. 1795 §3 (part) and 1758 §1 (part), as
codified at TMC Section 18.56.040, are amended to read as follows:
18.56.040 General Requirements
Any required off -street parking and loading facilities shall be developed in accordance with
the following standards:
1. Location. Any on- premises parking area which contains parking stalls located more
than 1,000 feet from the principal use shall require Board of Architectural Review approval for
the entire parking lot.
2. Minimum parking area dimensions for surface and structured parking facilities shall
be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot
landscaping overhang to count towards the stall length.
3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where one car
is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two
bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem
parking spaces will be designed for full size rather than compact size vehicles based on the
dimensions in Figure 18 -6.
4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off -street
parking spaces shall not exceed 5 %. The slope of entrance and exit driveways providing access
for off -street parking areas and internal driveway aisles without parking stalls shall not exceed
15 %.
5. Driveways and maneuverability.
a. Adequate ingress to and egress from each parking space shall be provided
without moving another vehide and without backing more than 50 feet.
b. Turning and maneuvering space shall be located entirely on private property
unless specifically approved by the Public Works Director and the Board of Architectural
Review.
c. All parking spaces shall be internally accessible to one another without
reentering adjoining public streets.
d. When off -street parking is provided in the rear of a building and a driveway or
lane alongside the building provides access to rear parking area, such driveway shall require a
minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the
building, curbed or raised six inches above the driveway surface.
e. Ingress and egress to any off -street parking lot shall not be located closer than 20
feet from point of tangent to an intersection.
f. The Public Works Director or Planning Commission may require ingress
separate from an egress for smoother and safer flow of traffic
6. The Director may require areas not designed or approved for parking to be
appropriately marked and /or signed to prevent parking.
7. Surface.
a. The surface of any required off -street parking or loading facility shall be paved
with asphalt, concrete or other similar approved material(s) and shall be graded and drained as
to dispose of all surface water, but not across sidewalks.
b. All traffic - control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car stalls and
direction of traffic.
d. Where pedestrian walks are used in parking lots for the use of foot traffic only,
they shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will not
protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel
stops shall be two feet from the end of the stall of head -in parking.
8. Parallel parking stalls shall be designed so that doors of vehicles do not open onto
the public right -of -way.
9. Obstructions. No obstruction which would restrict car door opening shall be
permitted within five feet of the centerline of a parking space.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 53 of 67
61
10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11. Curb -cuts. All parking areas shall have specific entrance and /or exit areas to the
street. The width of access roads and curb -cuts shall be determined by the Public Works
Director. The edge of the curb -cut or access road shall be as required by the Public Works
Director for safe movement of vehicles or pedestrians. Curb -cuts in single - family districts shall
be limited to a maximum of 20 feet in width and the location shall be approved by the Public
Works Director.
12. Parking stalls shall not be used for permanent or semi - permanent parking or storage
of trucks or materials.
Section 67. Ordinances Amended. Ordinance Nos. 1795 §3 and 1758 §1 (part), as codified at
TMC Section 18.56.050, are amended to read as follows:
18.56.050 Required Number of Parking Spaces
The minimum number of off -street parking spaces for the listed uses shall be as shown in
Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or
primary use. Any additional uses, either secondary or accessory in nature, must have parking
available that does not impact the minimum parking of the original or primary use. This
extends to parking spaces used for park -and -fly lots or use of parking for storage or outdoor
display.
Figure 18-7 - Required Number of Parking Spaces for Automobiles and Bicycles
Use
Automobile Standard
Bicycle Standard
Single - family and multi-
family dwellings
2 for each dwelling unit that
contains up to 3 bedrooms. 1
additional space for every 2
bedrooms in excess of 3
bedrooms in a dwelling unit
Additional parking may be
required for home
occupations and accessory
dwelling units as otherwise
proved by this title.
For multi- family, 1 space
per 10 parking stalls, with
a minimum of 2 spaces.
No requirement for single
family.
Senior Citizen Housing
For 15 units or less, 1 space
per dwelling unit For
dwellings with more than 15
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Religious facilities,
mortuaries and funeral
homes
1 for each 4 fixed seats
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Colleges, Universities,
Vocational Schools and
other post - secondary
educational institutions
Shall be determined by
Planning Commission,
based on an evaluation of
information concerning
traffic generated by
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Convalescent /nursing /rest
homes
1 for every 4 beds with a
minimum of 10 stalls
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Food stores and markets
1 for each 300 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
High schools
1 for each staff member plus
2 for every 5 students or
visitors
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Hospitals
1 for each bed
1 space per 50 parking
stalls, with a minimum of
2 spaces.
W:\ Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
62
Page 54 of 67
Hotels, motels and
extended stay
1 for each room, plus one
employee space for each 20
rooms, rounded to the
next highest figure
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Manufacturing
1 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Office, commercial and
professional buildings,
banks, dental and medical
clinics
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Outdoor sports areas
Shall be determined by
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Places of public assembly,
including auditoriums,
exhibition halls,
community clubs,
community centers, and
private clubs
The Director shall determine
the number of required
parking spaces, with a
minimum of 1 space for
every 100 square feet of
assembly area. To ensure
parking adequacy for each
proposal, the Director may
consider the following:
a. A parking study or
documentation paid for by
the applicant and
administered by the City
regarding the actual parking
demand for the proposed
use, or
b. Evidence in available
planning and technical
studies relating to the
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Post offices
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Public facilities, including
libraries, police and fire
stations
Shall be determined by the
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant
1 for each 100 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant, Fast food
1 for each 50 square feet of.
usable floor area. Fifty
percent of any outdoor
seating area will be added to
the usable floor area for
parking requirement
calculations.
1 space per 50 parking
stalls, witha minimum of
2 spaces.
Retail Sales, Bulk
2.5 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Retail Sales, General
4 for each 1,000 square feet
of usable floor area if located
within the TUC or
TVS zoning districts; 2.5 for
each 1,000 square feet of
usable floor area if
located in any other zoning
district.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
W: \Word Processing \ Ordinances\ Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 55 of 67
63
Schools, Elementary &
Junior High
1.5 for each staff member
1 space per classroom
Shopping center (mall), planned, per usable floor area size, as listed below
500,000 sq. ft. or larger
5 for every 1,000 square feet
1 space per 50 parking
stalls, with a minimum of 2
spaces.
25,000 - 499,999 sq. ft.
4 for every 1,000 square feet
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Taverns
1 for every 4 persons based
on occupancy load.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Theaters
1 for every 4 fixed seats. If
seats are not fixed, 1 per 3
seats, with concurrence of
Fire Chief, consistent with
maximum allowed
occupancy.
1 space per 100 seats, with a
minimum of 2 spaces.
Warehousing
1 for every 2,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Section 68. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.040, is amended to read as follows:
18.58.040 Permits Required
A. No person may place, construct or modify a wireless communication facility subject to
this Chapter without first having in place a permit issued in accordance with this Chapter.
Except as otherwise provided herein, the requirements of this Chapter are in addition to the
applicable requirements of TMC Title 18.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works
or his /her designee shall review all proposed wireless communication facilities that are totally
within City right -of -way. If a project is both on private or public property and City right -of-
way, the DCD Director shall review the application. Regardless of whether the DCD Director or
the Director of Public Works is reviewing the application, all applications will be reviewed and
evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions
and modification of wireless communication facilities.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall
be based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. Applicants use various methodologies and analyses,
including geographically -based computer software, to determine the specific technical
parameters of the services to be provided utilizing the proposed wireless communication
facilities, such as expected coverage area, antenna configuration, capacity, and topographic
constraints that affect signal paths. In certain instances, a third party expert may be needed to
review the engineering and technical data submitted by an applicant for a permit. The City
may at its discretion require an engineering and technical review as part of a permitting
process. The costs of the technical review shall be borne by the applicant.
H. The selection of the third party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his /her
qualifications. The third party expert review is intended to address interference and public
safety issues and be a site - specific review of engineering and technical aspects of the proposed
wireless communication facilities and /or a review of the applicants' methodology and
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
64
Page 56 of 67
equipment used, and is not intended to be a subjective review of the site which was selected by
an applicant. Based on the results of the expert review, the City may require changes to the
application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant and
5. Any specific engineering or technical issues designated by the City.
I. Any decision by the DCD Director, Director of Public Works, or Planning Commission
shall be given substantial deference in any appeal of a decision by the City to either approve,
approve with conditions, or deny any application for a wireless communication facility.
J. No alterations or changes shall be made to plans approved by the Director, Director of
Public Works, or Hearing Examiner without approval from the City. Minor changes which do
not change the overall project may be approved by the Director as a minor modification.
Section 69. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.050, is amended to read as follows:
18.58.050 Types of Permits — Priority— Restrictions
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate type
of
TABLE A
Type of Permit Required, Based on Type of Wireless Communication Facility
Zoning(W)
Type of Facility
Residential
Commercial
Industrial
Transmission tower co- location
Type 1
Type 1
Type 1
Adding antennas to an existing tower
Type 1(2)
Type 1(2)
Type 1(2)
Utility pole co- location
Type 2
Type 2
Type 2
Concealed building attached
Type 2(2)
Type 2(3)
Type 1
Non - concealed building attached
Type 2
Type 2
Type 1
New tower or waiver request
Type 3(4)
Type3(4)
Type 3(4)
(1) Zoning for any private /public property or right -of -way:
Residential - LDR, MDR, or HDR.
Commercial - O, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TVS.
Industrial - LI, HI, MIC /L, or MIC /H.
(2) Provided the height of the tower does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non - concealed building attached facility, under
TMC Section 18.58.150.
(4) In the event of uncertainty on the type of a wireless facility, the DCD Director shall
have the authority to determine how a proposed facility is incorporated into Table A.
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; most desirable facilities are located toward the top and least desirable
facilities toward the bottom. Any application for a wireless communication facility must follow
the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence
that using a transmission tower co-location is not possible before moving to a utility pole co-
location, and so forth, with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communications facilities are as follows:
1. Place antennas on existing structures, such as buildings, towers, water towers, or
electrical transmission towers.
2. Place wireless communication facilities in non - residentially -zoned districts and non-
residential property.
3. Place antennas and towers on public property and on appropriate rights -of -way if
practical, provided that no obligation is created herein for the City to allow the use of City
property or public right -of -way for this purpose.
4. City Property/Public Rights -of -Way. The placement of personal wireless
communication facilities on City-owned property and public rights -of -way will be subject to
other applicable sections of the Tukwila Municipal Code and review by other departments (i.e.,
Public Works, Parks and Recreation, etc.).
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 57 of 67
65
5. Wireless communication facilities shall not be permitted on property designated as
landmark or as part of a historic district
D. Applicants shall submit all of the information required pursuant to TMC Section
18.104.060 and the following.
1. Type 1- Applicant shall submit
a. A completed application form provided by the Department of Community
Development
b. Four sets of plans prepared by a design professional. The plans shall include a
vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the proposed
project. Minimum size is 8.5" by 11 ". Plans shall be no greater than 24" x 36 ";
c. A letter from the applicant outlining the proposed project and an evaluation
from the applicant with regard to the City's Code requirements;
d. Sensitive Area studies and proposed mitigation (if required);
e. If an outdoor generator is proposed, a report prepared by an acoustical engineer
demonstrating compliance with TMC Chapter 8.22, "Noise "; and
f. SEPA Application (if required).
2. Type 2 - Applicant shall submit all information required for a Type 1 application,
plus the following:
a. Four sets of photo simulations that depict the existing and proposed view of the
proposed facility;
b. Materials board for the screening material;
c. Landscaping plan;
d. Letter from a radio frequency engineer that demonstrates that the facility meets
Federal requirements for allowed emissions;
e. If the facility is located within a residential zone, a report from a radio frequency
engineer explaining the need for the proposed wireless communication facility. Additionally,
the applicant shall provide detailed discussion on why the wireless communication facility
cannot be located within a commercial or industrial zone; and
f. If landscaping is proposed, four sets of a landscaping plan prepared by a
Washington State - licensed architect.
3. Type 3 - The applicant shall submit all the information required for Type 1 and Type
2 applications, plus the following
a. All information required for new towers under TMC Section 18.58.070;
b. The radio frequency engineer report shall indude a discussion of the information
required under TMC Section 18.58.070. The report shall also explain why a tower must be used
instead of any of the other location options outlined in Table 1;
c. Provisions for mailing labels for all property owners and tenants /residents
within 500 feet of the subject property;
d. Engineering plans for the proposed tower;
e. A vicinity map depicting the proposed extent of the service area;
f. A graphic simulation showing the appearance of the proposed tower and
ancillary structures and ancillary facilities from five points within the impacted vicinity. Such
points are to be mutually agreed upon by the Director of DCD and applicant. All plans and
photo simulations shall include the maximum build -out of the proposed facility;
g. Evidence of compliance with minimum Federal Communications Commission
(FCC) requirements for radio frequency emissions;
h. Evidence of compliance with Federal Aviation Administration (FAA) standards
for height and lighting and certificates of compliance from all affected agencies; and
i. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice,
video or data transmission services, including the applicant, and including a description of the
number and types of antennas the tower can accommodate.
W: \Word Processing \Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009 Page 58 of 67
66
Section 70. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.060, is amended to read as follows:
18.58.060 New Towers
A. New towers are not permitted within the City unless the Hearing Examiner finds that
the applicant has demonstrated by a preponderance of the evidence that:
1. Coverage objective - There exists an actual (not theoretical) significant gap in service,
and the proposed wireless communication facility will eliminate such significant gap in service;
and
2. Alternates - No existing tower or structure, or other feasible site or other alternative
technologies not requiring a new tower in the City, can accommodate the applicant's proposed
wireless communication facility; and
3. Least intrusive: The proposed new wireless communication facility is designed and
located to remove the significant gap in service in a manner that is, in consideration of the
values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehen-
sive Land Use Plan, the least intrusive upon the surrounding area.
B. The Hearing Examiner shall be the reviewing body on the application to construct a new
tower, and shall determine whether or not each of the above requirements are met. Examples of
evidence demonstrating the foregoing requirements include, but are not limited to, the
following:
1. That the tower height is the minimum necessary in order to achieve the coverage
2. That no existing towers or structures or alternative sites are located within the
geographic area required to meet the applicant's engineering requirements to meet its coverage
objective (regardless of the geographical boundaries of the City);
3. That existing towers or structures are not of a sufficient height or could not
feasibly be extended to a sufficient height to meet the applicant's engineering requirements to
meet its coverage objective;
4. That existing structures or towers do not have sufficient structural strength to
support the applicant's proposed antenna and ancillary facilities;
5. That the applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the existing structures
would cause interference with the applicant's proposed antenna;
6. That the fees, costs or contractual provisions required by the owner or operator
in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an
existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding
new tower construction by 25% are presumed to be unreasonable;
7. That an alternative technology that does not require the use of a new tower, such
as a cable microcell network using multiple low- powered transmitters /receivers attached to a
wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable; and
8. The applicant demonstrates other limiting factors that render existing towers and
structures or other sites or alternative technologies unsuitable.
All engineering and technological evidence must be "provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence required.
C. The Hearing Examiner, after holding a public hearing, shall either approve, approve
with conditions, or deny the application, or remand the application back to staff for further
investigation in a manner consistent with the Hearing Examiner order.
Section 71. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.160, is amended to read as follows:
18.58.160 Zoning Setback Exceptions
A. Generally, wireless communication facilities placed on private property must meet
setbacks of the underlying zoning. However, in some circumstances, allowing modifications to
setbacks may better achieve the goal of this Chapter of concealing such facilities from view.
B. The Director or Hearing Examiner, depending on the type of application, may permit
modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing the
facility on certain portions of a property will provide better screening and aesthetic
considerations than provided under the existing setback requirements; or
objective;
W:\ Word Professing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009 Page 59 of 67
67
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located a
greater distance from residentially -zoned (LDR, MDR, and HDR) properties.
C. This zoning setback modification cannot be used to waive /modify any required setback
required under the State Building Code or Fire Code.
Section 72. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.170, is amended to read as follows:
18.58.170 Height Waivers
A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or
unnecessary and unreasonable expense would result from strict compliance with the height
limitations of the Zoning Code, or the purpose of these regulations may be served to a greater
extent by an alternative proposal, it may approve a height waiver to these regulations; provided
the applicant demonstrates the waiver(s) will substantially secure the values, objectives,
standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use
Plan, and demonstrate the following:
1. The granting of the height waiver will not be detrimental to the public safety, health
or welfare, or injurious to other property, and will promote the public interest; and
2. A particular and identifiable hardship exists or a specific circumstance warrants the
granting of a waiver. Factors to be considered in determining the existence of a hardship shall
include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size /magnitude of project being evaluated and availability of co-location.
B. In approving the waiver request, the Hearing Examiner may impose such conditions as
it deems appropriate to substantially secure the objectives of the values, objectives, standards
and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan.
C. A petition for any such waiver shall be submitted, in writing, by the applicant with the
application for Hearing Examiner review. The petition shall state fully the grounds for the
waiver and all of the facts relied upon by the applicant.
Section 73. Ordinances Amended. Ordinance Nos. 2235 §15, 2118 §1, 2005 §17, 1865 §50 and
1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The Board
and the DCD Director shall have the authority to approve, approve with conditions, or deny all
plans submitted based on a demonstration of compliance with all of the guidelines of this
chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC /L, and MIC /H districts, except when within 300
feet of residential districts or within 200 feet of the Green /Duwamish River or that require a
shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost
of that work equals or exceeds 10% of the buildings assessed valuation (for costs between 10%
and 25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO,
0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International
Boulevard corridor (see TMC Figure 18 -9);
c. for any multi- family structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
W:\ Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
68
Page 60 of 67
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18-9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. Minor
amendments to an approved project may be permitted upon request to the Director where they
do not substantially change the appearance, intensity or impacts of the project. Major
amendments to an approved project will require submittal of a new design review application.
A major amendment is a substantial change to elements of the approved plans, including
substantially revised building design, alteration of circulation patterns or intensification of
development on the site.
Section 74. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section
18.96.030, is amended to read as follows:
18.96.030 Review of Zoning Compliance
No department, official, or employee of the City shall issue an occupancy permit until there
has been endorsed thereon certification of compliance with the applicable regulations of this
title by the Director or his delegate. For the purposes of Chapter 18.96, an occupancy permit
shall mean the review and recording of zoning compliance as accomplished through the
building permit and business license application procedures.
Section 75. Ordinances Amended. Ordinance Nos. 2235 §19, 2135 §19 and 2119 §1, as
codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 Classification of Project Permit Applications
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 meeting and /or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. Type 1 decisions are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for
the appeals of those decisions.
isions
TYPE OF PERMIT
DECISION MAKER
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
As specified by ordinance
Boundary Line Adjustment, including Lot
Consolidation (TMC Chapter 17.08)
Community Development Director
Development Permit
Building Official
Minor modification to design review
approval (TMC Section 18.60.030)
Community Development Director
Minor Modification to PRD
(TMC Section 18.46.130)
Community Development Director
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
Community Development Director
Tree Permit (TMC Chapter 18.54)
Community Development Director
Wireless Communication Facility, Minor
(TMC Chapter 18.58)
Community Development Director
2. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal
to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an
appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 61 of 67
69
Tvr e 2 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC Section 18.60.030)
Community Development
Director
Board of Architectural
Review
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Short Plat Committee
Hearing Examiner
Binding Site Improvement
Plan (TMC Chapter 17.16)
Short Plat Committee
Hearing Examiner
Cargo Container Placement
(TMC Section 18.50.060)
Community Development
Director
Hearing Examiner
Code Interpretation
(TMC Section 18.90.010)
Community Development
Director
Hearing Examiner
Exception from Single - Family
Design Standard (TMC Section
18.50.050)
Community Development
Director
Hearing Examiner
Modification to Development
Standards (TMC Section
18.41.100)
Community Development
Director
Hearing Examiner
Parking standard for use not
specified (TMC Section
18.56.100)
Community Development
Director
Hearing Examiner
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Community Development
Director
Hearing Examiner
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Community Development
Director
State Shorelines
Hearings Board
Short Plat (TMC Chapter
17.12)
Short Plat Committee
Hearing Examiner
Sign Area Increase
(TMC Section 19.32.140)
Community Development
Director
Hearing Examiner
Sign Permit Denial
(TMC Chapter 19.12)
Community Development
Director
Hearing Examiner
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Community Development
Director
Hearing Examiner
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
Community Development
Director
Hearing Examiner
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
Community Development
Director
Hearing Examiner
rru
3. Type 3 decisions are quasi - judicial decisions made by the Hearing Exaner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
Type 3 Decisions
TYPE OF PERMIT
DECISION MAKER
APPEAL BODY
Resolve uncertain zone district boundary
Hearing Examiner
Superior Court
Variance (zoning, shoreline, sidewallc,
land alteration, sign)
Hearing Examiner
Superior Court
TSO Special Permission Use (TMC
Section 18.41.060)
Hearing Examiner
Superior Court
Conditional Use Permit
Hearing Examiner
Superior Court
Superior Court
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Hearing Examiner
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
70
Page 62 of 67
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
Hearing Examiner
Superior Court
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Hearing Examiner
Superior Court
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Planning
Commission
State Shorelines
Hearings Board
Subdivision - Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
Hearing Examiner
Superior Court
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
Hearing Examiner
Superior Court
4. Type 4 decisions are quasi - judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
T 4 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
Public Hearing Design Review
(TMC Chapter 18.60)
Board of Architectural
Review
Hearing Examiner
Subdivision - Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Planning Commission
Hearing Examiner
Unique Signs (TMC Section
19.28.010)
Planning Commission
Hearing Examiner
5. Type 5 decisions are quasi - judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Tvoe 5 Decisions
TYPE OF PERMIT
DECISION
MAKER
APPEAL
BODY
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
City Council
Superior Court
Rezone (TMC Chapter 18.84)
City Council
Superior Court
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
City Council
Superior Court
Shoreline Environment Re- designation (Shoreline
Master Program)
City Council
Superior Court
Subdivision - Final Plat (TMC Section 17.12.030)
City Council
Superior Court
Unclassified Use (TMC Chapter 18.66)
City Council
Superior Court
Section 76. Ordinances Amended. Ordinance Nos. 2135 §20 and 1768 52 (part), as codified
at TMC Section 18.104.060, are amended to read as follows:
18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.708.080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW 36.70B.070
(which requires the City to determine whether applications are complete within 28 days of
submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit
application within 120 days of determining the application is complete), the following
standards for permit applications are established:
1. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the
materials and fees specified for complete applications. Applications shall be considered
complete as of the date of submittal upon determination by the Department that the materials
submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:lan 09/29/2009
Page 63 of 67
71
this section, all land use permit applications shall include the following in quantities specified
by the Department
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use
project permits requested by the applicant for the development proposal at the time the
application is filed.
b. If the water utility serving the site is an entity other than the City, a current
Certificate of Water Availability from the water utility purveyor serving the site pursuant to
TMC Section 14.36.010.
c. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC Section 14.36.020 if the site is proposed for
development using a septic system, or a Certificate of Sewer Availability from the sewer utility
purveyor serving the site if the sewer utility serving the site is an entity other than the City.
d. A site plan, prepared in a form prescribed by the Director.
e. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58.17.
f. Any sensitive areas studies required by TMC Chapter 18.45.
g. A completed environmental checklist, if required by TMC Chapter 21.04.
h. A list of any existing environmental documents known to the applicant or the
City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal that
have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
j. A storm water design which meets the requirements set forth in the Surface
Water Design Manual adopted pursuant to TMC Section 16.54.060.
k. For land use permits requiring a Type 3, 4 or 5 decision: Current Assessor's
maps and a list of tax parcels to which public notice must be given; a set of mailing labels
addressed to the owners thereof; and a set of mailing address labels addressed to the occupants
thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses
are not the same as the street addresses of the properties to which notice is required. In lieu of
the mailing labels the applicant can pay public notice mailing fee as established by the Land Use
Fee Schedule.
1. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter 18.52.
p. A tree - clearing plan, if required by TMC Chapter 18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if required by TMC Chapter 18.60
or the Shoreline Master Program
s. Verification of applicable contractor's registration number, if required by RCW
18.27.110.
2. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
3. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is suffident for continued
processing even though additional information may be required or project modifications may
be subsequently undertaken. The determination of completeness shall not preclude the
Department from requesting additional information or studies either at the time of notice of
completeness or subsequently if new or additional information is required or substantial
changes in the proposed action occur, as determined by the Department.
4. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this section in order for an
application to be deemed complete:
a. Land altering permit, see TMC Section 16.54.100, .110 and .230.
b. Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC Section 14.04.030.
W: \Word Processing \ Ordinances \Tide 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
72
Page 64 of 67
d. Sanitary sewer connection, see TMC Section 14.12.070.
e. Flood control zone permit, see TMC Section 16.52.070.
f. Short subdivisions, see TMC Section 17.08.030.
g. Preliminary subdivisions, see TMC Section 17.12.020.
h. Final subdivisions, see TMC Section 17.12.030.
i. Binding site improvement plans, see TMC Section 17.16.030.
j. Planned residential developments, see TMC Section 18.46.110.
k. Sign permits, see TMC Section 19.12.020 and .030.
1. Shoreline substantial development permits, shoreline conditional use permits
and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline
Master Program.
m. Wireless communication facility permits, see Chapter TMC Chapter 18.58.
5. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
6. Applications shall be accompanied by the payment of applicable filing fees, if any.
Section 77. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.080, is amended to read as follows:
18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and agencies
with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for
all Type 1 decisions which require SEPA review, except that a Notice of Application is not
required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign
Permit Denial pursuant to TMC Chapter 19.12.
B. A Notice of Application shall be issued by the Department within 14 days following the
Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under RCW
43.21 prior to the issuance of the Notice of Application, notice of the determination shall be
combined with the Notice of Application. If a determination of significance (DS) has been made
prior to the issuance of the Notice of Application, the Notice of Application shall also include
the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than the
applicant.
3. A description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents or studies
can be reviewed.
4. A statement establishing a public comment period, which shall be 14 days for Type
1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the Notice of
Application, provided that a public comment period is not required in the case of a Code
Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC
Chapter 19.12, and further provided that the comment period for projects requiring a Shoreline
Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140.
5. The procedures and deadline for filing comments, requesting notice of any required
hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the decision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
6. For Type 5 decisions, the date, time and place of the public meeting required by
TMC Section 18.112.120 and art explanation of the purpose of and procedure to be followed at
such meeting.
7. The date, time place and type of hearing, if applicable and scheduled at the time of
notice.
8. The identification of other permits not included in the application to the extent
known by the Department
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
Page 65 of 67
73
9. A statement of the preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW 90.58 for Notices of Application for projects
which require a Shoreline Substantial Development permit.
F. Except for a determination of significance, the Department shall not issue a threshold
determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a
recommendation on the application until the expiration of the public comment period on the
Notice of Application.
Section 78. Ordinances Amended. Ordinance Nos. 1991 §13, 1834 §8 and 1768 §2 (part), as
codified at TMC Section 18.104.090, are amended to read as follows:
18.104.090 Notice of Application - Procedure
Notice of Application shall be provided as follows:
1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review,
the Notice of Application shall be mailed to the applicant and to departments and agencies with
jurisdiction, except that a Notice of Application is not required in the case of a Code
Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC
Chapter 19.12.
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of
Application shall be provided by posting pursuant to TMC Section 18.104.110, provided that the
Notice of Application for a Type 1 decision involving a single - family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of
Application shall be posted pursuant to TMC Section 18.104.110 and mailed pursuant to TMC
Section 18.104.120. Notice requirements for secure community transition facilities shall be in
accordance with RCW 71.09.315 as amended.
4. For applications which require any Shoreline permit, additional notice shall be provided
as required by RCW 90.58.
5. For preliminary plats, additional published notice shall be provided as required by RCW
58.17.090(a).
6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility
corridor or right -of -way construction projects) where posting and mailed notice would be
impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice
7. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 79. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.120, is amended to read as follows:
18.104.120 Mailed Notice
A. Mailed notice shall be issued by the Department within 14 days following the
Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the occupants
thereof to the extent the street addresses of such properties are different than the mailing
addresses of the owners.
2. To any agency or tribe which the Department may identify as having an interest in
the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
Section 80. Ordinances Amended. Ordinance Nos. 1991 §14 and 1768 §2 (part), as codified
at TMC Section 18.104.160, are amended to read as follows:
18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record
appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the
Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC Section
18.104.120. Notice requirements for secure community transition facilities shall be in accordance
with RCW 71.09.315 as amended.
W: \Word Processing \ Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09 /29/2009
74
Page 66 of 67
In addition, at least 14 days before such hearing, the Director shall post the Notice of
Hearing on any posted notice board(s) erected pursuant to TMC Section 18.104.110. Such Notice
of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any environmental
documents or studies can be reviewed.
4. The date, time, place and type of hearing.
5. The phone number of the Department and the name of the staff person who can
provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the Notice of
Hearing if the Director determines that such information would increase public awareness or
understanding of the proposed project
C. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 81. 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 82. 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc
MD:ksn 09/29/2009
Page 67 of 67
75
Monday,
o%
ol
Tukwila City Council Agenda
❖ COMMITTEE OF THE WHOLE ❖
J�voLA yq
��
o
Jim Haggerton, Mayor Councilmembers: • Joe Duffle ❖ Pamela Linder
Rhonda Berry, City Administ,, - ❖Dennis Robertson + Verna Griffin
Joan Hernandez, Council Prest • en • Kathy Hougardy ❖ De Sean Quinn
29°5
September
S',--:.d 2 ij 2
28, 2009, 7:00 PM OPM 'ukwila City Hall; Council Chambers
Bco
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE -- Tukwila Elementary Students
2. SPECIAL
PRESENTATIONS
* Update on Tukwila Pantry; Joe Tice, Executive Director.
* Duwamish Tribe Update; Cecile Hansen, Tribal Chairwoman.
3. PROCLAMATIONS/
APPOINTMENTS
Proclamation declaring September 28, 2009 as "Tukwila's First Nation Day." Pg.1
4. CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment on an item
listed on this agenda, please save your comments until the issue is presented for discussion.
5. PUBLIC
HEARINGS
An ordinance amending various ordinances as codified at various chapters of Tukwila Pg.3
Municipal Code Title 8, Title 17 and Title 18, to clarify and update the Zoning Code.
6. SPECIAL
ISSUES
a., An_ordinance amending various ordinances as codified at various chapters of Pg3
Tukwila Municipal Code Title 8, Title 17 and Title 18, to clarify and update the V
Zoning Code.
b. Update on latest developments regarding potential flooding due to issues regarding Pg.85
the Howard Hanson Dam.
c. A resolution authorizing the cancellation of outstanding claims. Pg.87
d. A resolution opposing Initiative 1033. Title of I -1033: "This measure would limit Pg.97
growth of certain state, county and city revenue to annual inflation and
population growth, not including voter - approved revenue increases. Revenue
collected above the limit would reduce property tax levies." It will be presented
to the voters at the general election on November 3, 2009.
Public comments will be accepted.
e. An ordinance establishing new regulations regarding water and sewer bill leak Pg.109
adjustments and adoption by reference of a Utility Leak Adjustment Policy.
f. A lease agreement for Seattle Southside Visitor Services Center to be located at 3100 Pg.121
South 176th Street in SeaTac.
g. Authorize the Mayor to sign the Tukwila South Escrow Agreement between Bank Pg.177
of New York Mellon, La Pianta LLC and the City of Tukwila to implement Section
4.8.4.6 of the Tukwila South Development Agreement.
h. Authorize the Mayor to sign an amendment to Contract 04- 025(H) with David Pg.219
Evans & Associates (DEA) to complete the 10% remaining design work for the
Southcenter Parkway Extension.
7. REPORTS
a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
1 8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 - 433 - 1800 /TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address
clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments
to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate
action on comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is
given.
Regular Meetings: The Mayor,.elected by the people to a four -year term, presides at all Regular Council
meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of
formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council
meetings.
Committee of the Whole Meetings: Council members are elected for a four -year term. The Council
president is elected by the Council members to preside at all Committee of the Whole meetings for a one-
year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues
discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during Citizen Comment. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same
as those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of
the Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to
the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
COUNCIL AGENDA SI'NoPsIs
Initials
Meetuz, Date
Prepared by
Mayor's review
Council review
09/28/09
JP
1,c�/-
!�rrt✓
10/05/09
JP
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Other
Mtg Date
C.vI'I ?GORY L Discussion
I, Ordinance
■ Public Hearing
Mtg Date
ITEM INFORMATION
ITEM NO.
J•
CAS NUMRI ?R: 09 - 133
ORIGINALAGI:,ND;1 DA'L'E: SEPTEMBER 28, 2009
A(;I ?ND.\ Ill .:1\4 TITLE
2009 Housekeeping Code Amendments
09/28/09
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Other
Mtg Date
C.vI'I ?GORY L Discussion
I, Ordinance
■ Public Hearing
Mtg Date
Mtg Date 10/5/09
lilts Date 09/28/09
Si '( )NSOR ❑ Council ❑ Mayor ❑ Adm Svcs
❑ Finance ❑ Fire ❑ Legal ❑ P&7R ❑ Police ❑ PIV
►1 DCD
SP()NSOR's The Council is being asked to consider some housekeeping code changes to the Tukwila
SUMMARY Municipal Code. The proposed code changes range from code clarification to updating
development regulations and permit processes. The Council is being asked to hold a public
hearing on 9/28/09 and schedule the adoption of the proposed changes on 10/5/09.
RI ?\'1I Wi l.) BY ❑ COW Mtg.
❑ Utilities
DALE: 05/11/09;
■
CA &P Cmte
❑ F &S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
09/14/09
Cmte ❑ Arts Comm.
07/27/09;
RECOMMENDATIONS:
SPONSOR /ADMrN.
COMMIYI
Department of Community Development
E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPI;NDrr'URI:RI.:QUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/28/09
MTG. DATE
ATTACHMENTS
09/28/09
Informational Memorandum dated 09/23/09 (amended after CAP to reflect change in
section numbers after ordinance was finalized)
Ordinance in Draft Form
Minutes from the Planning Commission meetings 06/25/09 and 08/27/09
Minutes from the Community Affairs and Parks Committee meeting of 09/14/09
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, Community Development Director
DATE: September 23, 2009
SUBJECT: 2009 Housekeeping Code Amendments
ISSUE
Should the Tukwila Municipal Code be amended to include some housekeeping code
changes that range from code clarification to updating development regulations and
permit processes?
BACKGROUND
Staff had briefed Community Affairs and Parks Committee on May 11, 2009, regarding
a number of housekeeping code amendments. The Committee decided to forward the
proposed amendments to Planning Commission for consideration and review. Planning
Commission was briefed on the proposed amendments on June 25, 2009. A couple of
additional items were added to the list after briefing the Committee on July 27, 2009.
Planning Commission held a public hearing on all the proposed changes on August 27,
2009 and their recommendations are reflected in the attached ordinance.
On September 14, 2009, the Community Affairs and Parks Committee was briefed on
the recommendations of the Planning Commission. The draft ordinance reviewed at
CAP meeting had grouped code amendments per each chapter of the Zoning Code.
The ordinance attached to this memo has more sections with one section for each
section of the amended code.
DISCUSSION OF THE PROPOSED CHANGES
Listed below is the summary of the proposed changes that have been incorporated in
the attached draft ordinance:
1. Section 1: This section allows parking in the rear yard setback of a single - family
residence where it is connected to a rear alley.
2. Section 2 of the draft Ordinance adds an expiration date to Binding Site
Improvement Plans similar to Short Plat or Boundary Line Adjustment
applications.
3. Section 3 through 10 of the draft Ordinance: These sections amend the following
definitions:
a) Definition of a hotel and motel has been amended to limit the
accommodation to 30 days, in order to be consistent with International
Building Code. Also, a definition for an extended -stay lodging facility is
5
6
INFORMATIONAL MEMO
Page 2
added. Further the stay in an extended -stay is limited to 180 days; and
extending -stays are allowed in all zones that allow hotels /motels.
b) Per TMC 18.06.505, Lot Area means the total horizontal area within the
boundary lines of a lot and exclusive of street right -of -way, street
easement, or private access roads serving more than one lot authorized
pursuant to the subdivision ordinance. This definition does not address the
fire lanes which in many cases are similar to the private road but are
meant to serve more than one lot. Planning Commission recommended
including the area of the private road that serves up to 4 lots in the lot area
for the purposes of meeting minimum lot area requirements.
c) A new definition of a religious facility has been added. The current code
lists churches as a use but there is no definition.
d) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into
the required setbacks. Staff recommended that this 18 inch overhang may
also be allowed for other type of overhangs (such as a bay window) if it is
approved as part of design review approval of a project and the overhang
helps in providing modulation of the facade. Planning Commission
recommended increasing the 18 inch overhang to 24 inch in addition to
allowing other types of overhangs besides roof eaves.
e) Limited access state routes such as 1 -5 and 1 -405, private access
easements and subdivision tracts for access are considered streets
according to the Zoning Code's definition. This effects the type of lots
(corner, through) and their setbacks and landscape requirements. The
definition of street has been amended to include such streets for the
purposes of determining types of lot and their setbacks and landscaping
requirements.
4. Section 11 through 59:
a) The list of primary uses in all zones has a category that lists "other uses
not specifically listed in this title which the Director determines to be
similar in nature to and compatible with other uses permitted outright
within this district, consistent with the stated purpose of this district and
consistent with the policies of the Comprehensive Plan ". However
accessory uses are limited to those specifically listed. A category similar to
the "other uses that are customarily accessory to the listed permitted
uses" and that are determined by the Director to be consistent with the
Comprehensive Plan has been added to the list of accessory uses in all
zones.
b) The thresholds for when design review is required in LDR, MDR and HDR
zones needed to be clarified. The proposed changes require design
review for all institutions in LDR zones. Also, the existing code does not
have any thresholds for remodels or renovations of multi - family
developments. In commercial zones if the cost of any exterior work equals .
or exceeds 10% of the building's assessed value then the project is
subject to design review. Staff recommended similar threshold for
residential projects in MDR and HDR zones. Planning Commission
concurred with staff. These changes have been incorporated in Section
13, 16 and 73 of the draft ordinance.
W:12009 InfoMemoslHousekeeping Code changes - COW.doc
INFORMATIONAL MEMO
Page 3
c) Churches are listed as Conditional Uses in a number of zones. It came to
the City's attention that there may be about thirty small churches that are
located in multi- tenant commercial buildings. The definitions section was
amended to include a broader definition of a religious facility that would
include churches as well as synagogues, mosques etc. Further, under the
proposed changes, a facility in residential zones would still require a
Conditional Use Permit, but only a larger facility in commercial zones, with
more than 50 attendees would require a Conditional Use Permit. Planning
Commission agreed with staffs recommendations and these changes are
reflected in the attached ordinance. Per International Building Code the
occupancy load of 50 people equates to 750 square feet of floor area,
therefore any religious facility with an assembly area of less than 750
square feet is listed as a permitted use in all commercial zoning districts
and those with area larger than 750 square feet will continue to require a
Conditional Use Permit.
d) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet.
Most of other zones have a requirement of either 3 stories /35 feet or 4
stories /45 feet. The proposed changes will allow 4 stories /45feet in MUO
zone. This is reflected in Section 22 of the Ordinance.
e) Extended -stay hotels /motels are listed as permitted uses in all zones that
currently allow hotels /motels.
5. Section 60: The Department of Community Development will sometimes receive
technical reports as part of land use applications that require peer review, such
as noise reports, lighting plans, parking demand studies, geotechnical reports,
structural review reports etc. The code addresses peer review of geotechnical
reports and structural review reports and the applicant is already responsible to
reimburse the City for peer review expenses. However peer review of
miscellaneous reports such as noise reports, lighting plans and parking demand
studies is not addressed in the code. The proposed changes will add a section to
the zoning code to address that these technical reports may undergo peer review
at the expense of the applicant.
6. Section 61 through 65: These sections amend the Landscape Chapter of the
Zoning Code to include landscaping requirements for institutional uses in Low
Density Zone; adds plant and soil specifications; and allows flexibility in the
required front yard landscaping so that the required width may be divided
between the perimeter strip and one or more other landscape areas between the
building and the front property line.
7. Section 66 and 67: These sections amend the Parking Chapter of the Zoning
Code to allow a two foot overhang in the landscape area for the regular and
compact stalls. Also, the parking determination for Parks has been changed to an
administrative decision instead of the Planning Commission approval.
8. Section 68 through 72: These sections amend the Wireless Facilities Chapter
and change the references to Type 4 Planning Commission decision to Type 3
Hearing Examiner decision.
W:12009 InfoMemos\Housekeeping Code changes - COW.doc
7
8
INFORMATIONAL MEMO
Page 4
9. Section 73: This section establishes when a multifamily development in MDR and
HDR zones is subject to design review.
10. Section 74: This section clarifies the term "occupancy permit" as it is used in the
Zoning Code Sections 96.030, .060 and .070. There is no definition of an
occupancy permit in the Zoning Code. However an occupancy permit in the
Zoning Code has a different meaning than an occupancy permit in the Building
Code. The occupancy permit in the Zoning Code is interpreted by the Planning
Department to mean the review and recording of zoning . compliance as
accomplished through the building permit and business license application
procedures.
11. Section 75 through 80: These sections amend the Permit Types and Procedures
section of the Zoning Code.
a) The City received a letter from Washington Cities Insurance Authority
recommending that all quasi - judicial decisions be made by the Hearing
Examiner as opposed to the Planning Commission and the City Council.
The Community Affairs and Parks Committee was previously briefed on
this item. Staff recommended that the decision makers for most quasi -
judicial decisions be changed to the Hearing Examiner, however decision
makers for certain decisions such as unclassified use permits, design
review and rezones be kept the same until such time that substantive
changes are made to the approval criteria. Planning Commission's
recommendations are reflected in the attached ordinance.
b) In order to allow postcard mailing for city notices references to First Class
mailing and 81/2 x11 inch site plan requirement have been deleted.
Further, email notification is allowed where the parties of record choose to
receive this form of notification. Also, payment in lieu of providing mailing
labels has been referenced.
RECOMMENDATION
Hold the public hearing at the September 28, 2009 meeting and schedule the adoption
of the proposed ordinance on October 5, 2009.
ATTACHMENTS
A. Draft Ordinance
B. Planning Commission meeting minutes from June 25, 2009 and August 27, 2009.
C. Minutes from the Community Affairs and Parks Committee meeting of
September 14, 2009.
W:\2009 InfoMemos\Housekeeping Code changes - COW.doc
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT
VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC
PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION AND PLATS" AND
TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE
AND ITS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN Ei.Y ±CT1VE DATE.
WHEREAS, the Zoning Code of the City of Tukwila lists churches as a conditional use
regardless of the size and does not list other religious facilities and in the past all religious
facilities have been regulated similar to churches, the Council wishes to amend the code to list
religious facilities as a separate use category and not require a conditional use process for
smaller facilities; and
WHEREAS, there are some updates needed to the landscape chapter to clarify landscaping
requirements for institutional uses in Low Density Zones, and to add specifications for plant
materials and soil; and
WHEREAS, the Zoning Code of the. City of Tukwila lists permit application types and
procedures and the City has received recommendations from Washington Cities Insurance
Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City
wishes to update its permit types and procedures based on WCIA's recommendations; and
WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for public notice
and the City wishes to update the mailing procedures to allow postcard mailings and email
notifications; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various procedures for
different types of permits and the City wishes to clarify those procedures including:
establishing expiration dates for Binding Site Improvement Plans, clarifying when design
review is required for multi- family developments, changing the parking determination for City
parks to be an administrative process, defining an occupancy permit as used in the Zoning
Code, and adding a requirement that review of technical studies may undergo peer review at
the expense of the applicant; and
WHEREAS, the Zoning Code of the City of Tukwila establishes various development
standards and the City wishes to clarify and /or amend those development standards
including: clarifying the height in MUO zone, expanding the list of accessory uses, clarifying the
lot area definition to include the area of private road that serves up to four Lots, increasing the
roof eaves overhang in the setback area to 24 inches and allowing other types of overhangs in
the setback area if approved as part of design review approval, allowing parking stalls to
overhang two feet in the landscaping area, allowing front yard landscaping to be divided into a
perimeter strip and other areas between the building and front property line, clarifying the
definition of street to include freeways and private access roads for the purposes of determining
the type of lot-corner or through lot, clarifying that parking in the rear setback of a single - family
home is allowed if it is connected to a rear alley, changing the definition of hotel /motel to be
consistent with the International Building Code, and adding a definition for an extended -stay
lodging facility; and
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the zoning and
subdivision code and adopted a motion recommending the proposed changes; and
WHEREAS, on September 28, 2009, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
MD:ksn 09 /24/2009
Pagel of 67
9
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2056 §1 (part), as codified at TMC Section
8.25.020, is amended to read as follows:
8.25.020 Parking Limitations
A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on
properties devoted to single - family residential use.
B. Motor vehicles on property devoted to single - family residential use shall be parked on
an approved durable uniform surface. Motor vehicles, other than those specified in TMC
Section 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks
when in a driveway that provides access to an approved parking location and is in conformance
with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking
in the rear setback of a single family -home is permitted where the parking is connected to a rear
alley.
C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved
durable uniform surface and shall not be parked, kept or stored in required front yard setbacks,
except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed,
provided no recreational vehicle is parked so as to prevent access by emergency responders to
all sides of a structure.
D. Approved durable uniform surfaces outside of structures on -site may cover a maximum
of 1,200 square feet or 10% of the lot surface, whichever is greater.
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement on the effective date of this ordinance may be maintained, but shall not be
expanded.
F. Single - family properties on pre - existing, legal lots of record containing less than 6,500
square feet are exempt from the requirements of 8.25.020D.
Section 2. Section Added. A new section is added to TMC Chapter 17.16 to read as follows:
17.16.070 Expiration
If the binding site improvement plan is not recorded within one year of the date of the
preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant
prior to the expiration date, the Short Subdivision Committee may grant one extension of not
more than one year.
Section 3. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.073, "Definitions," are amended to read as follows:
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short -
term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities,
hotels and motels, extended -stay hotels or motels, shelters and facilities which provide short- or
long -term care for tenants suffering from physical, mental or other disabilities.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.287 Extended -Stay Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings or portion thereof, the units
of which contain independent provisions for living, eating and sanitation including, but not
limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in
each unit, and are specifically constructed, kept, used, maintained, advertised and held out to
the public to be a place where temporary residence is offered for pay to persons for a minimum
stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or
motels shall not include dwelling units, as defined in this section, for permanent occupancy.
The specified units for extended -stay must conform to the required features, building code, and
fire code provisions for dwelling units as set forth in this code. Nothing in this definition
prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or
motels shall be required to meet the hotel /motel parking requirements. Not included are
institutions housing persons under legal restraint or requiring medical attention or care.
Section 5. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.440, "Definitions," are amended to read as follows:
18.06.440 Hotel
MD:ksn 09 /24/2009
10
Page 2 of 67
"Hotel" means a building, or buildings or portion thereof, the units of which are used, rented or
hired out as sleeping accommodations only for the purposes of transitory housing.d _ ig cd __
used for thc transient rental of five or more units for sleeping purports. Hotels rooms shall
have their own private toilet facilities, and may or may not have their own kitchens facilities.
Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A
central kitchen -and dining room and accessory shops and services catering to the general
public can be provided. No room may be used by the same person or persons for a period
exceeding thirty (30) calendar days per year. Not included are institutions housing persons
under legal restraint or requiring medical attention or care.
Section 6. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.505, "Definitions," are amended to read as follows:
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of
street right -of -way, street easement, fire access roads or private access roads except where the
private road serves four or fewer lots more than one lot authorized pur.,uant to thc subdivision
erd ee:
Section 7. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.585, "Definitions," are amended to read as follows:
18.06.585 Motel
"Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn
and similar names A motel is means a building or buildings or portion thereof, detached or in
connected units or designed as a single structure, the units of which are used, rented, or hired
out as sleeping accommodations only for the purposes of transitory housing. A motel includes
tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names
but does not include accommodations for travel trailers or recreation vehicles. Motel rooms
shall have their own private toilet facilities and may or may not have their own kitchen
facilities. Motels are distin• ished from hotels •rimaril b reason of •rovidin• adoinin•
parking and direct independent access to each rental unit. Motels shall not include dwelling
units, as defined in this section, for permanent occupancy. No room may be used by the same
person or persons for a period exceeding thirty (30) calendar days per year. Not included are
institutions housing persons under legal restraint or requiring medical attention or care. as
not have their own kitchen facilities, and arc designed primarily for the accommodation of
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
18.06.682 Religious Facility
"Religious facility" means a facility operated for worship, prayer, meditation or similar
activity by an organization granted tax exempt status by the Federal Internal Revenue Service.
Section 9. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.740, "Definitions," are amended to read as follows:
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot lines
except that roof eaves may intrude a maximum of 241$ inches into this area. A maximum 24
inch overhang may also be allowed for portions of a building (such as a bay window) if approved
as part of design review approval where the overhang provides modulation of the facade.
Section 10. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.795, "Definitions," are amended to read as follows:
18.06.795 Street
"Street" means a public thoroughfare that affords the principal means of access to abutting
properties. Limited access state routes such as 1-5,1-405, SR 518, subdivision tracts dedicated for
access, private easements for access and streets that provide no access to abutting properties
shall be considered streets for the purposes of determining the type of lots such as corner or
through lots and their setbacks and landscape requirements.
Section 11. Ordinances Amended. Ordinance Nos. 1989 §2, 1976 §18 and 1758 §1 (part), as
codified at TMC Section 18.10.030, are amended to read as follows:
18.10.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Low - Density Residential District.
1. Adult day care.
MD:ksn 09/24/2009
Page 3 of 67
11
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 12. Ordinances Amended. Ordinance Nos. 2135 §3, 1976 §19, and 1758 §1 (part), as
codified at TMC Section 18.10.040, are amended to read as follows:
18.10.040 Conditional Uses
The following uses may be allowed within the Low- Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Cemeteries and crematories.
3. Religious facility Churches and community center buildings.
4. Dormitories
5. Electrical substations — distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
MD:ksn 09 /24/2009
12
Page 4 of 67
8. Radio, television, microwave, cellular or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent
private schools.
Section 13. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section
18.10.055, is amended to read as follows:
18.10.055 Design Review
Design review is required for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses and
standards of an adjacent commercial zone.
Section 14. Ordinances Amended. Ordinance Nos. 1989 §3, 1976 §21, and 1758 §1 (part), as
codified at TMC Section 18.12.030, are amended to read as follows:
18.12.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Medium Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. Minimum lot of 7,200 square feet;
b. Accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. Dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. Minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet, and
f. the units are not sold as condominiums.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above -
mentioned animals shall be allowed on the same lot.
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 15. Ordinances Amended. Ordinance Nos. 2135 §4, 1976 §22, and 1758 §1 (part), as
codified at TMC Section 18.12.040, are amended to read as follows:
18.12.040 Conditional Uses
MD:ksn 09/24/2009
Page 5 of 67
13
The following uses may be allowed within the Medium Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is 12;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility Viand community center buildings.
5. Convalescent and nursing homes for not over 12 patients.
6. Dormitories.
7. Manufactured /mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the park;
and
d. emergency access shall be subject to the approval of the Tukwila Fire Department
8. Electrical substations - distribution
9. Fire and police stations.
10. Libraries, museums or art galleries (public).
11. Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 16. Ordinances Amended. Ordinance Nos. 2005 §1, 1865 §11, and 1758 §1 (part), as
codified at TMC Section 18.12.060, are amended to read as follows:
18.12.060 Design Review
Design review is required for all new multi- family structures, mobile or manufactured
home parks, and for developments in a Commercial Redevelopment Area that propose the uses
and standards of an adjacent commercial zone. Multi- family structures up to 1,500 square feet
will be reviewed administratively.
Section 17. Ordinances Amended. Ordinance Nos. 1989 §4, 1976 §25, and 1758 §1 (part), as
codified at TMC Section 18.14.030, are amended to read as follows:
18.14.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the High- Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property; •
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
MThksn 09/24/2009
14
Page 6 of 67
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
5. Home occupations.
6. Institutional uses such as hospitals, food banks, schools, or government facilities may
have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
Section 18.50.060.
7. Parking areas.
8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from
a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 18. Ordinances Amended. Ordinance Nos. 2135 §5, 1976 §26, and 1758 §1 (part), as
codified at TMC Section 18.14.040, are amended to read as follows:
18.14.040 Conditional Uses
The following uses may be allowed within the High- Density Residential District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site;
b. the maximum number of residents, either permanent or temporary, at any one time
is twelve;
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space are provided for each bedroom rented to customers;
d. the maximum length of continuous stay by a guest is 14 days;
e. breakfast must be offered on -site to customers; and
f. all necessary permits or approvals are obtained from the Health Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. Religious facility Churches and community center buildings.
5. Dormitories.
6. Electrical substations - distribution.
7. Fire and police stations.
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 19. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.16.020, are amended to read
as follows:
18.16.020 Permitted Uses
The following uses are permitted outright within the Mixed -Use Office District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
MD:ksn 09/24/2009
Page 7 of 67
15
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening 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. Dwelling - One detached single- family dwelling per existing lot.
11. Dwelling - Multi- family units above office and retail uses.
12. Dwelling - Senior citizen housing as a freestanding use subject to additional
requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry - cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, including:
a. medical
b. dental
c. govemment, excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial services.
20. Public parks, trails, picnic areas and playgrounds, but not including amusement parks,
golf courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Religious facility with an assembly area less than 750 square feet.
23. Restaurants, induding cocktail lounges in conjunction with a restaurant.
24. 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 sporting goods, and similar items.
25. 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).
26. Schools and studios for education or self improvement.
27. Shelters.
28. Studios - art, photography, music, voice and dance.
29. Telephone exchanges.
30. Other uses not specifically listed in this title, which the Director determines to be:
MD:ksn 09/24/2009
16
Page 8 of 67
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 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 §1 (part), as codified
at TMC Section 18.16.030, are amended to read as follows:
18.16.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Mixed -Use Office District
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Horne occupations.
7. Parking areas.
8. Recreational area and facilities for employees.
9. Residences for security or maintenance personneL
10. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 21. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6, and 1758 §1
(part), as codified at TMC Section 18.16.040, are amended to read as follows:
18.16.040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Bed and breakfast lodging.
2. Cemeteries and crematories.
3. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
4. Colleges and universities.
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation - distribution.
7. Fire and police stations.
8. Hospitals, sanitariums, or similar institutions.
9. Park -and -ride lots.
10. Radio, television, microwave, or observation stations and towers.
MD:ksn 09/24/2009
Page 9 of 67
17
11. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 22. Ordinances Amended. Ordinance Nos. 1976 §30, 1872 §1, 1865 §18, 1830 §7, and
1758 §1 (part), as codified at TMC Section 18.16.080, are amended to read as follows:
18.16.080 Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed and
referenced standards. In the Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback
and landscaping standards may be waived by the Director of Community Development as a
Type 2 decision when an applicant can demonstrate that shared parking is provided. If a
project requires a Type 4 approval process, certain setbacks and landscaping may be waived by
the BAR when an applicant can demonstrate that the number of driveways is reduced,
efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented
space is provided. Landscaping and setback standards may not be waived on commercial
property sides adjacent to residential districts. (See the Tukwila International Boulevard Design
Manual for nsore detailed directions.)
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit, multi- family (except
senior citizen housing), minimum
3,000 sq. ft.
Setbacks to yards, minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and
a max. of 30 feet
Height, maximum
34 stories or 45 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recycling / Solid Waste Space requirements chapter for
further requirements
• Front
15 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
5 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit (1,000 sq. ft.
min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off - street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street Parking
& Loading Regulations
• Accessory dwelling unit
See TMC Section 18.16.030, Accessory Uses
• Office, minimum
3 per 1,000 sq. ft. usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft. usable floor area
• Other uses, including senior citizen
housing
See TMC Chapter 18.56, Off - street Parking
& Loading Regulations
MD:ksn 09 /24/2009
18
Page 10 of 67
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise ", and,
(3) adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
Section 23. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
55, 1814 52 (part), and 1758 51 (part), as codified at TMC Section 18.18.020, are amended to read
as follows:
18.18.020 Permitted Uses
The following uses are permitted outright within the Office District, subject to compliance
with all other applicable requirements of the Tukwila 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 pedestrian 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 lII 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. Libraries, 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. Religious facility with an assembly area less than 750 square feet.
19. Restaurants, including cocktail lounges in conjunction with a restaurant.
20. 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).
21. Schools and studios for education or self - improvement.
22. Shelters.
23. Studios - art, photography, music, voice and dance.
24. Telephone exchanges.
25. Other uses not specifically listed in this title, which the Director determines to be:
MD:ksn 09/24/2009
Page 11 of 67
19
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 24. Ordinances Amended. Ordinance Nos. 1976 §32, and 1758 §1 (part), as codified
at TMC Section 18.18.030, are amended to read as follows:
18.18.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and dearly
incidental to such permitted use, are allowed within the Office District
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single- family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 25. Ordinances Amended. Ordinance Nos. 2135 §7, 1986 §5, 1976 §33, 1865 §19, 1830
§9, and 1758 §1 (part), as codified at TMC Section 18.18.040, are amended to read as follows:
18.18.040 Conditional Uses
The following uses may be allowed within the Office District, subject to the requirements,
procedures, and conditions established by TMC Section 18.18.64, Conditional Use Permits.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations - distribution.
6. Fire and police stations.
7. Hospitals, sanitariums, or similar institutions.
8. Park- and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
MD:ksn 09 /24/2009
20
Page 12 of 67
Section 26. Ordinances Amended. Ordinance Nos. 2097 §12,1976 §36 and 1758, §1J(part), as
codified at TMC Section 18.20.020, are amended to read as follows:
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
11. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, including:
a. medical
b. dental
c. government, exduding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
13. Religious facility with an assembly area less than 750 square feet.
14. 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 sporting goods, and similar items.
15. Schools and studios for education or self-improvement.
16. Studios - art, photography, music, voice and dance.
17. 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 of the Tukwila Comprehensive Plan.
Section 27. Ordinances Amended. Ordinance Nos. 1976 §37 and 1758 §1 (part), as codified
at TMC Section 18.20.030, are amended to read as follows:
18.20.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and dearly
incidental to such permitted use, are allowed within the Residential Commercial Center District.
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
MD:ksn 09 /24/2009
Page 13 of 67
21
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities or schools.
3. Family child care homes provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personneL
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 28. Ordinances Amended. Ordinance Nos. 2135 §8, 1976 §38, 1814 §3 and 1758 §1
(part), as codified at TMC Section 18.20.040, are amended to read as follows:
18.20.040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Brew pubs.
2. Convalescent and nursing homes for not more than 12 patients.
3. Fire and police stations.
4. Fraternal organizations.
5. Libraries, museums or art galleries (public).
6. Radio, television, microwave, or observation stations and towers.
7. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
8. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
9. Restaurants, induding cocktail lounges in conjunction with a restaurant.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 29. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11,
1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.22.020, are amended to read as
follows:
18.22.020 Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (endosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
MD:ksn 09/24/2009
22
Page 14of67
6. Bus stations.
7. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant 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, ink, paints, paper,
plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting the
City's performance standards and offering their services to the local populace on a walk -in
basis;
g. businesses that service and repair the above products, that are entirely enclosed
within a building, offering their services to the local populace on a walk -in basis and meeting
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 nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling - One detached single - family dwelling per existing lot.
13. Dwelling - Multi- family units above office, and retail uses.
14. Financial:
a. banking
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- service
b. dry- cleaning
c. tailor, dyeing
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, or three stories in the Urban Redevelopment Area along Tukwila
International Boulevard, 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
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. Plumbing shops (no tin work or outside storage).
25. Recreation facilities (commercial - indoor), athletic or health clubs.
26. Religious facility with an assembly area less than 750 square feet.
27. Restaurants, including cocktail lounges in conjunction with a restaurant.
MD:ksn 09/24/2009
Page 15 of 67
23
28. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
29. 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 sporting goods, and similar items.
30. Schools and studios for education or self-improvement.
31. Studios - art, photography, music, voice and dance.
32. Telephone exchanges.
33. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or
warehousing.
35. 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 of the Tukwila Comprehensive Plan.
'. Section 30. Ordinances Amended. Ordinance Nos. 1976 §41 and 1758 §1 (part), as codified
at TMC Section 18.22.030, are amended to read as follows:
18.22.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Neighborhood Commercial Center
District.
1. Billiard or pool rooms.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 31. Ordinances Amended. Ordinance Nos. 2135 §9, 1865 §23, 1830 §12 and 1758 §1
(part), as codified at TMC Section 18.22.040, are amended to read as follows:
18.22.040 Conditional Uses
MD:ksn 09 /24/2009
24
Page 16 of 67
The following uses may be allowed within the Neighborhood Commercial Center District,
subject to the requirements, procedures, and conditions established by TMC Chapter 18.64,
Conditional Use Permits.
1. Churchcs Religious facility with an assembly area greater than 750 square feet and
community center buildings.
2. Colleges and universities.
3. Convalescent and nursing homes for more than 12 patients.
4. Electrical substations - distribution.
5. Fire and police stations.
6. Park - and -ride lots.
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
9. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent
private schools.
Section 32. Ordinances Amended. Ordinance Nos. 2021 52, 1986 57, 1971 510, 1865 527, 1830
514, 1814 52 (part) and 1758 §1 (part), as codified at TMC Section 18.24.020, are amended to read
as follows:
18.24.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this Chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following: foods, including but not limited
to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
MD:ksn 09 /24/2009
Page 17 of 67
25
17. Dwelling — Multi- family units on a lot that does not front on Tukwila International
Boulevard subject to the HDR requirements of TMC Section 18.50.083, Maximum Building
Length, and TMC Section 18.52.060, 2.-4., Recreation Space Requirements.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32 Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
MDkm 09/24/2009
26
Page 18 of 67
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self - improvement
47. Self- storage facilities.
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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 of the Tukwila Comprehensive Plan.
Section 33. Ordinances Amended. Ordinance Nos. 1989 §5, 1976 943 (part) and 1758 §1
(part), as codified at TMC Section 18.24.030, are amended to read as follows:
18.24.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personneL
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 34. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 93,1865 928, 1830 915 and
1758 91 (part), as codified at TMC Section 18.24.040, are amended to read as follows:
18.24.040 Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use
Permits.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
MD:ksn 09/24/2009
Page 19 of 67
27
8. Electrical substations - distribution
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Internet data /telecommunication centers.
12. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
13. Park- and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 35. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814
§2 (part) and 1758 §1 (part), as codified at TMC Section 18.26.020, are amended to read as
follows:
18.26.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial Mixed -Use
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package foods, including but not limited to baked
goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen
foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Dwelling - Multi- family units above office and retail uses.
18. Extended -stay hotel /motel.
19. Financial:
MD.ksn 09 /24/2009
28
Page 20 of 67
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. 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
35. Outpatient, inpatient, and emergency medical and dental.
36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
37. Planned shopping center (mall).
38. Plumbing shops (no tin work or outside storage).
39. Recreation facilities (commercial - indoor), athletic or health clubs.
40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
41. Religious facility with an assembly area less than 750 square feet
42. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
43. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
44. Retail sales of furniture; appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
45. 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 sporting goods, and similar items.
46. Schools and studios for education or self - improvement.
47. Self- storage facilities.
MD:ksn 09 /24/2009
Page 21 of 67
29
48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
49. Studios - art, photography, music, voice and dance.
50. Taverns, nightclubs.
51. Telephone exchanges.
52. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
53. Warehouse storage and /or wholesale distribution facilities.
54. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 36. Ordinances Amended. Ordinance Nos. 1989 §6, 1986 §5, 1976 §49 and 1758 §1
(part), as codified at TMC Section 18.26.030, are amended to read as follows:
18.26.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 37. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18,
and 1758 §1 (part), as codified at TMC Section 18.26.040, are amended to read as follows:
18.26.040 Conditional Uses
The following uses may be allowed within the Regional Commercial Mixed -Use District,
subject to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churchco Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums or similar institutions.
MD:ksn 09 /24/2009
30
Page 22 of 67
11. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
12. Park- and -ride lots.
13. Pawnbrokers.
14. Radio, television, microwave, or observation stations and towers.
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 38. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.020, is amended to read as follows:
18.28.020 Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used
car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Extended -stay hotel/ motel.
18. Financial:
a. banking
b. mortgage
c. other services
19. Fix-it, radio or television repair shops /rental shops.
20. Fraternal organizations.
21. Frozen food lockers for individual or family use.
22. Greenhouses or nurseries (commercial).
23. Heavy equipment repair and salvage.
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and publishing.
MD:ksn 09 /24/2009
Page 23 of 67
31
26. Internet data/ telecommunication centers
27. Laundries;
a. self - service
b. dry cleaning
c. tailor, dyeing
28. Libraries, museums or art galleries (public).
29. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
30. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
31. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
32. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
33. Medical and dental laboratories.
34. Mortician and funeral homes.
35. Motels.
36. 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
37. Outpatient, inpatient, and emergency medical and dental.
38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
39. Pawnbrokers
40. Planned shopping center (mall).
41. Plumbing shops (no tin work or outside storage).
42. Railroad tracks (including lead, spur, loading or storage).
43. Recreation facilities (commercial - indoor) athletic or health clubs.
44. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
45. Religious facility with an assembly area less than 750 square feet.
46. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
47. Restaurants, including:
a. drive- through
b. sit down
c. cocktail Lounges in conjunction with a restaurant
48. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
49. 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 sporting goods, and similar items.
50. Schools and studios for education or self improvement.
51. Self - storage facilities.
52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
MD:ksn 09/24/2009
32
Page 24 of 67
53. Studios - art, photography, music, voice and dance.
54. Taverns, nightclubs.
55. Telephone exchanges.
56. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
57. Warehouse storage and /or wholesale distribution facilities.
58. 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 of the Tukwila Comprehensive Plan.
Section 39. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section
18.28.030, is amended to read as follows:
18.28.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
3. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel
9. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 40. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 52 (part), as
codified at TMC Section 18.28.040, are amended to read as follows:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Bed - and - breakfast lodging; must be located on property adjacent to and not greater than
500 feet from the Green River, Tukwila Pond, or Minider Pond.
3. Cemeteries and crematories.
4. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi- family units (max. 22.0 units /acre except senior citizen housing which
is allowed to 100 units /acre, as a mixed -use 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 animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
9. Transit - oriented development housing (which is allowed to 65 units /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.
MD:ksn 09 /24/2009
Page 25 of 67
33
10. Drive -in theaters.
11. Electrical substations - distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
15. Park- and -ride lots.
16. Radio, television, microwave, or observation stations and towers.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private schools.
Section 41. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830
§23, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.30.020, are amended to read
as follows:
18.30.020 Permitted Uses
The following uses are permitted outright within the Commercial Light Industrial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
MD:}sn 09/24/2009
34
Page 26 of 67
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets:
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Day care centers.
18. Extended -stay hotel /motel
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Heavy equipment repair and salvage.
25. Hotels.
26. Industries involved with etching, film processing, lithography, printing, and publishing.
27. Internet data/ telecommunication centers
28. Laundries:
a. self- service
b. dry deaning
c. tailor, dyeing
29. Libraries, museums or art galleries (public).
30. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
31. Manufacturing, processing and /or packaging of foods, including but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
32. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical
b. dental
c. government, excluding fire and police
d. stations
e. professional
f. administrative
g. business, such as travel, real estate
h. commercial
MD:ksn 09 /24/2009
Page 27 of 67
35
39. Outpatient, inpatient, and emergency medical and dental.
40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Railroad tracks, (induding lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor) - athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
52. 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 sporting goods, and similar items.
53. 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.
54. Salvage and wrecking operations that are entirely enclosed within a building.
55. Schools and studios for education or self improvement.
56. Self- storage facilities.
57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
58. Studios - art, photography, music, voice and dance.
59. Taverns, nightclubs.
60. Telephone exchanges.
61. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
62. Tow truck operations, subject to all additional State and local regulations.
63. Truck terminals.
64. Warehouse storage and /or wholesale distribution facilities.
65. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 42. Ordinances Amended. Ordinance Nos. 1989 §8, 1976 §52, 1971 § and 1758 §1
(part), as codified at TMC Section 18.30.030, are amended to read as follows:
18.30.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Commercial Light Industrial District.
1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria
are listed at TMC Section 18.50.060.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
MD:ksn 09 /24/2009
36
Page 28 of 67
5. Residences for security or maintenance personnel.
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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 43. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1
(part), as codified at TMC Section 18.30.040, are amended to read as follows:
18.30.040 Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District, subject
to the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
12. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
14. Park- and -ride lots.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 44. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11,1974 §7, 1971 §14, 1814
§2 (part), 1774 §1 and 1758 §1 (part), as codified at TMC Section 18.32.020, are amended to read
as follows:
18.32.020 Permitted Uses
The following uses are permitted outright within the Light Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
MD:ksn 09 /24/2009
Page 29 of 67
37
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix-it, radio or television repair shops/ rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data/ telecommunication centers.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
MD:ksn 09 /24/2009
38
Page 30 of 67
29. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
31. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
32. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tiles, and woods.
33. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
34. Medical and dental laboratories.
35. Mortician and funeral homes.
36. Motels.
37. 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
38. Outpatient, inpatient, and emergency medical and dental.
39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
40. Pawnbrokers.
41. Planned shopping center (Mall).
42. Plumbing shops (no tin work or outside storage).
43. Railroad tracks (including lead, spur, loading or storage).
44. Recreation facilities (commercial - indoor) - athletic or health dubs.
45. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
46. Religious facility with an assembly area Less than 750 square feet.
47. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including:
a. drive - through
b. sit down
c. cocktail lounges in conjunction with a restaurant
50. 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 sporting goods, and similar items.
51. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lum-
ber /building materials, lawn and garden supplies, farm 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 endosed within a building.
54. Schools and studios for education or self improvement.
55. Self- storage facilities.
MD:lsn 09/24/2009
Page 31 of 67
39
56. Storage (outdoors) of materials allowed to be manufactured or handled within fadli.ties
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
57. Taverns, nightclubs.
58. Telephone exchanges.
59. Theaters, excluding "adult entertainment establishments," as defined by this Code.
60. Tow truck operations, subject to all additional State and local regulations.
61. Truck terminals.
62. Warehouse storage and /or wholesale distribution facilities.
63. 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 of the Tukwila Comprehensive Plan.
Section 45. Ordinances Amended. Ordinance Nos. 1976 §54 and 1758 §1 (part), as codified
at TMC Section 18.32.030, are amended to read as follows:
18.32.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Light Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 46. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1 (part), as
codified at TMC Section 18.32.040, are amended to read as follows:
1832.040 Conditional Uses
The following uses may be allowed within the Light Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
'1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hospitals, sanitariums, or similar institutions.
10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
11. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
12. Park- and -ride lots.
13. Radio, television, microwave, or observation stations and towers.
14. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
MDksn 09/24/2009 Page 32 of 67
40
15. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
Section 47. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814
§2 (part), 1774 §2 and 1758 §1 (part), as codified at TMC Section 18.34.020, are amended to read
as follows:
18.34.020 Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of
(a) Public or private school . with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
MD:ksn 09/24/2009
Page 33 of 67
41
c. other services
18. Fix-it, radio or television repair shops /rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commerdal).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and publishing.
25. Internet data/ telecommunication centers.
26. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
29. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
30. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
31. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commerdal recreation.
42. Pawnbrokers.
43. Planned shopping center (mall).
44. Plumbing shops (no tin work or outside storage).
45. Railroad tracks, (including lead, spur, loading or storage).
MD:ksn 09/24/2009
42
Page 34 of 67
46. Recreation facilities (commercial - indoor), athletic or health clubs.
47. Religious facility with an assembly area less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Restaurants, including.
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
51. 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 sporting goods, and similar items.
52. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
53. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
54. 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.
55. Salvage and wrecking operations.
56. Schools and studios for education or self - improvement.
57. Self- storage facilities.
58. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Taverns, nightclubs.
61. Telephone exchanges.
62. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
63. Tow truck operations, subject to all additional State and local regulations.
64. Truck terminals.
65. Warehouse storage and /or wholesale distribution facilities.
66. 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 of the Tukwila Comprehensive Plan.
Section 48. Ordinances Amended. Ordinance Nos. 1971 §55 and 1758 §1 (part), as codified
at TMC Section 18.34.030, are amended to read as follows:
18.34.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Heavy Industrial District, as follows:
1. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to 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.
MD:ksn 09/24/2009
Page 35 of 67
43
Section 49. Ordinances Amended. Ordinance Nos. 2135 515, 1865 540 (part) and 1758 51
(part), as codified at TMC Section 18.34.040, are amended to read as follows:
18.34.040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with
state siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals, sanitariums, or similar institutions.
11. Park- and -ride lots.
12. Radio, television, microwave, or observation stations and towers.
13. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public) induding, but not limited to, sports fields, community
centers, and golf courses.
Section 50. Ordinances Amended. Ordinance Nos. 2235 56, 2021 58, 1986 513, 1974 59, 1954
52,1814 52 (part), 1774 53 and 1758 51 (part), as codified at TMC Section 18.36.020, are amended
to read as follows:
18.36.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial
Center /Light Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
MD:ksn 09/24/2009
44
Page 36 of 67
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Commercial laundries.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel.
11. Heavy equipment repair and salvage.
12. Hotels.
13. Industries involved with etching, film processing, lithography, printing, and publishing.
14. Internet data /telecommunication centers.
15. Laundries:
a. self- service
b. dry cleaning
c. tailor, dyeing
16. Libraries, museums or 'art galleries (public).
17. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
18. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
19. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (induding fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
20. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
21. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
22. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
23. Motels.
24. Offices including but not limited to software development and similar uses, financial
services, schools and studios for education or self - improvement less than 20,000 square feet.
25. Outpatient, inpatient, and emergency medical and dental.
26. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
27. Railroad tracks, (including lead, spur, loading or storage).
28. Recreation facilities (commercial - indoor) - athletic or health clubs.
29. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
30. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
31. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
32. 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.
MD:ksn 09 /24/2009
Page 37 of 67
45
i
46
33. Salvage and wrecking operations which are entirely enclosed within a building.
34. Self- storage facilities.
35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
37. Taverns, nightclubs.
38. Telephone exchanges.
39. Tow truck operations, subject to all additional State and local regulations.
40. Truck terminals.
41. Warehouse storage and /or wholesale distribution facilities.
42. 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 of the Tukwila Comprehensive Plan.
Section 51. Ordinances Amended. Ordinance Nos. 1976 §56 and 1758 §1 (part), as codified
at TMC Section 18.36.030, are amended to read as follows:
18.36.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel
6. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 52. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971
§16, 1814 §2 (part), 1774 §4 and 1758 §1 (part), as codified at TMC Section 18.38.020, are
amended to read as follows:
18.38.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center -
Heavy Industrial District, subject to compliance With all other applicable requirement of the
Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/ 2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
MD:ksn 09 /24/2009
Page 38 of 67
b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Computer software development and similar uses.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel.
11. Financial:
a. banking
b. mortgage
c. other services
12. Heavy equipment repair and salvage.
13. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop
hammering.
14. Hotels.
15. Industries involved with etching, film processing, lithography, printing, and publishing.
16. Internet data/ telecommunication centers.
17. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
18. Libraries, museums or art galleries (public).
19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
20. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
21. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
22. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
23. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
24. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
25. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
MD:ksn 09/24/2009
Page 39 of 67
47
26. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
27. Motels.
28. Offices; must be associated with another permitted uses (e.g., administrative offices for a
manufacturing company present within the MIC).
29. Outpatient, inpatient, and emergency medical and dental.
30. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
31. Railroad tracks, (including lead, spur, loading or storage).
32. Recreation facilities (commercial - indoor), athletic or health clubs.
33. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
34. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
35. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
37. 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.
38. Salvage and wrecking operations.
39. Schools and studios for education or self - improvement.
40. Self- storage facilities.
41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
43. Taverns, nightclubs.
44. Telephone exchanges.
45. Tow truck operations, subject to all additional State and local regulations.
46. Truck terminals.
47. Warehouse storage and /or wholesale distribution facilities.
48. 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 of the Tukwila Comprehensive Plan.
Section 53. Ordinances Amended. Ordinance Nos. 1976 §57 and 1758 §1 (part), as codified
at TMC Section 18.38.030, are amended to read as follows:
18.38.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and dearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial
District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personneL
6. Other uses not specifically listed in this title, which the Director determines to be:
1
48
MD:ksn 09/24/2009
Page 40 of 67
1
a. uses that are customarily accessory to 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 54. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15,
1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1 (part), as codified at TMC Section
18.40.020, are amended to read as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following
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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
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. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading
Regulations."
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
MD:ksn 09/24/2009
Page 41 of 67
49
18. Dwelling - One detached single - family unit per existing lot (includes factory built or
modular home that meets UBC).
19. Extended -stay hotel /motel.
20. Farming and farm- related activities.
21. Financial:
a. banking
b. mortgage
c. other services
22. Fix-it, radio or television repair shops /rental shops.
23. Fraternal organizations.
24. Frozen food lockers for individual or family use.
25. Greenhouses or nurseries (commercial).
26. Heavy equipment repair and salvage.
27. Hotels.
28. Industries involved with etching, film processing, lithography, printing, and publishing.
29. Internet data / telecommunication centers.
30. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
31. Libraries, museums or art galleries (public).
32. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
38. Motels.
39. 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
40. Outpatient, inpatient, and emergency medical and dental.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks,
golf courses, or commercial recreation.
45. Railroad tracks, (including lead, spur, loading or storage).
46. Recreation facilities (commercial - indoor), athletic or health clubs.
47. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks,
shooting ranges.
1 48. Religious facility with an assembly area of less than 750 square feet.
MD:ksn 09/24/2009
50
Page 42 of 67
49. Rental of vehicles riot requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
50. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
51. Research and development facilities.
52. Restaurants, including
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
53. 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 sporting goods, and similar items.
54. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
55. 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.
56. Salvage and wrecking operations that are entirely enclosed within a building.
57. Schools and studios for education or self - improvement.
58. Self- storage facilities.
59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
60. Studios - art, photography, music, voice and dance.
61. Taverns, nightclubs.
62. Telephone exchanges.
63. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
64. Tow truck operations, subject to all additional State and local regulations.
65. Truck terminals.
66. Warehouse storage and /or wholesale distribution facilities.
67. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 55. Ordinances Amended. Ordinance Nos. 1976 §59 and 1758 §1 (part), as codified
at TMC Section 18.40.030, are amended to read as follows:
18.40.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila Valley South District, as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property,
d. dwelling unit is incorporated into the primary detached single- family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
MD:ksn 09 /24/2009
Page 43 of 67
51
3. Family child care home, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses customarily accessory to 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 56. Ordinances Amended. Ordinance Nos. 2135 §18, 1865 §46, 1830 §26 and 1758 §1
(part), as codified at TMC Section 18.40.040, are amended to read as follows:
18.40.040 Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations (less
than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Churchcs Religious facility with an assembly area greater than 750 square feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Dwelling - Multi- family units (maximum 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use 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.
9. Electrical substations — distribution.
10. Fire and police stations.
11. Hospitals, sanitariums, or similar institutions.
12. Manufacturing, processing and /or assembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes,
boats or other transportation vehicles and equipment.
13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents,
soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering).
14. Manufacturing, processing and /or assembling of previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
15. Manufacturing, processing and /or assembling previously prepared metals including,
but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and
hand - forging.
16. Park - and -ride lots.
17. Radio, television, microwave, or observation stations and towers.
18. Recreation facilities (public) including, but not limited to, sports fields, community
centers, and golf courses.
19. Recreation facilities (commercial - outdoor), induding golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
21. Salvage and wrecking operations.
22. Schools, preschool, elementary, junior or high schools (public), and equivalent private
schools.
MD:ksn 09 /24/2009 Page 44 of 67
52
23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
Section 57. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.020, is amended to read as follows:
18.41.020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay District,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult day care.
2. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following 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 within 1,000 feet of
an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
3. Amusement parks.
4. 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.
5. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
6. Beauty or barber shops.
7. Bed and breakfast lodging.
8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenters shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Day care centers.
19. Dwelling (allowed after residential design manual with criteria for approval is adopted
by ordinance):
a. one detached single - family unit per lot
MD:ksn 09/24/2009
Page 45 of 67
53
b. multi- family
c. multi- family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution
21. Extended -stay hotel /motel.
22. Farming and farm- related activities.
23. Financial:
a. banking
b. mortgage
c. other services
24. Fire and police stations.
25. Fix-it, radio or television repair shops /rental shops.
26. Fraternal organizations.
27. Frozen food lockers for individual or family use.
28. Greenhouses or nurseries (commercial).
29. Hospitals, sanitariums and similar uses.
30. Hotels.
31. Industries involved with etching, film processing, lithography, printing, and publishing.
32. Internet data telecommunication centers.
33. Laundries:
a. self - service
b. dry cleaning
c. tailor, dyeing
d. commercial
34. Libraries, museums or art galleries (public).
35. Manufacturing, processing and /or packaging of food, including but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
36. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
37. Manufacturing, processing, and /or packaging previously prepared materials including,
but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint,
paper, plastics, rubber, tile, and wood.
38. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
39. Medical and dental laboratories.
40. Motels.
41. Movie theaters with three or fewer screens.
42. Neighborhood stormwater detention and treatment facilities.
43. 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
44. Outpatient, inpatient, and emergency medical and dental.
45. Pawnbrokers.
46. Planned shopping center (mall) up to 500,000 square feet.
47. Plumbing shops (no tin work or outside storage).
48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
MD:ksn 09 /24/2009
54
Page 46 of 67
49. Private stable.
50. Recreation facilities (commercial - indoor), athletic or health clubs.
51. Recreation facilities (commerdal - indoor), including bowling alleys, skating rinks,
shooting ranges.
52. Religious facility with an assembly area of less than 750 square feet.
53. Rental of vehicles not requiring a commercial driver's license (including automobiles,
sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
54. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
55. Research and development facilities.
56. Restaurants, including:
a. drive- through
b. sit down, cocktail lounges in conjunction with a restaurant
57. 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 sporting goods, and similar items.
58. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
59. 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.
60. Schools and studios for education or self - improvement.
61. Self- storage facilities.
62. Sewage lift stations.
63. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of this title.
64. Studios - art, photography, music, voice and dance.
65. Taverns, nightclubs.
66. Telephone exchanges.
67. Theaters for live performances only, not including adult entertainment establishments.
68. Tow truck operations, subject to all additional State and local regulations.
69. Water pump station.
70. Vehicle storage (no customers on site; does not include park -and -fly operations).
71. 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 of the Tukwila Comprehensive Plan.
Section 58. Ordinance Amended. Ordinance No: 2235 §10, as codified at TMC Section
18.41.030, is amended to read as follows:
18.41.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila South Overlay District as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property;
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at the same
time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
MD:ksn 09/24/2009
Page 47 of 67
55
2. Dormitory as an accessory use to other uses otherwise permitted or approved
conditional uses such as religious facilities, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the Department of
Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other use permitted outright similar in nature
within this district this district; and
b. consistent with the stated purpose of this district and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 59. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section
18.41.040, is amended to read as follows:
18.41.040 Conditional Uses
The following uses may be allowed within the Tukwila South Overlay District, subject to the.
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title and subject to a determination that the use is consistent with and furthers the vision
and principles established by the Tukwila South Master Plan.
1. Cemeteries and crematories.
2. Churches Religious facility with an assembly area greater than 750 square feet and
community center buildings.
3. Helipads, accessory.
4. Utilities, regional.
5. Mortician and funeral homes.
6. Park - and -ride lots.
7. Radios, television, microwave, cellular or observation stations and towers.
8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
9. Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
11. Other uses not specifically listed in this title, which the Director determines to
be:
a. similar in nature to and compatible with other conditional uses permitted 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 60. Section Added. A new section is added to TMC Chapter 18.50 to read as
follows:
18.50.200 Peer Review of Technical Studies
The Department of Community Development will review all technical information
submitted as part of any application to verify it meets all requirements of the Tukwila
Municipal Code. At the discretion of the Director, any technical studies required as part of the
application including, but not limited to, noise reports, lighting plans, and parking demand
studies, may undergo peer review at the expense of the applicant.
Section 61. Ordinances Amended. Ordinance Nos. 2235 §13 and 1852 §14, as codified at
TMC Section 18.52.020, are amended to read as follows:
18.52.020 Perimeter Landscaping Requirements by Zone District
MD:ksn 09/24/2009
56
Page 48 of 67
A. In the various zone districts of the City, landscaping in the front, rear and side yards
shall be provided as established by the various zone district chapters of this title. These
requirements are summarized in the following table.
Zoning Districts
Front Yard
(Second
Front)
Landscape
Type for
Fronts
Side
Yard
Rear
Yard
Landscape
Type for
Side/Rear
LDR (for uses other
15 (2)
Type I
10
10
Type I
than dwelling units)
MDR
15 (1.2)
Type I
10
10
Type I
HDR
15 (1,2)
Type I
10
10
Type I
MUO
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
0
15 (12.5) (2)
Type I (6)
5 (3)
5 (3)
Type I (6)
RCC
20 (10) R3)
Type I (6)
5 (3)
10
Type II
NCC
5 (4)
Type I (6)
0 (3)
0 (3)
Type II
RC
10
Type I
5 (3)
0 (3)
Type II (7)
RCM
10
Type I
5 (3)
0 (3)
Type II (7)
TUC
15 (3)
Type I (s)
0 (3)
0 (3)
Type II m
C/ LI
12.5 (5)
Type I (5)
5 (4)
0 (4)
Type II (7)
LI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
HI
12.5 (2)
Type II
0 (3)
0 (3)
Type III
MIC /L
5 (5)
Type II
0 (4)
0 (4)
Type III
MIC /H
5 (5)
Type II
0 (4)
0 (4)
Type 111
TVS
15 (23)
Type II
0 (3)
0 (3)
Type III
ISO
15 (8.2)
Type I
0 (9)
0 (9)
Type III
Notes:
(1) Minimum required front yard landscaped areas in the MDR and HDR zones may
have up to 20% of their required landscape area developed for pedestrian and transit facilities
upon approval as a Type 2 special permission decision.
(2) In order to provide flexibility of the site design while still providing the full amount
of landscaping required by code, the front yard landscape width may be divided into a
perimeter strip and one or more other landscape areas between the building and the front
property line, if the perimeter strip is a minimum of ten feet and the Landscape materials are
sufficient to provide landscaping along the perimeter and screening of the building mass.
(3) Required landscaping may include a mix of plant materials, pedestrian amenities
and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2
special permission decision. Required plant materials will be reduced in proportion to the
amount of perimeter area devoted to pedestrian oriented space.
(4) Increased to. 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(5) Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
(6) Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
(7) Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
(8) Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
(9) Only required along public streets.
(10) Increased to 10 feet if adjacent to residential uses or non -TSO zoning.
B. The landscape perimeter may be averaged if the total required square footage is
achieved, unless the landscaping requirement has been increased due to proximity to LDR,
MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission
decision if all of the following criteria are met:
1. Plant material can be clustered to more effectively screen parking areas and blank
building walls.
2. Perimeter averaging enables significant trees or existing built features to be retained.
MD:ksn 09/24/2009
Page 49 of 67
57
i
58
3. Perimeter averaging is used to reduce the number of driveways and curb cuts and
allow joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities on the
site become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
Section 62. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section
18.52.030, is amended to read as follows:
18.52.030 Perimeter Landscape Types
A. Type I landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation
between uses and zoning districts, screen parking areas, and allow views to building entryways
and signage.
2. Plant materials shall consist of the following:
a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a
planted berm at least 24 inches high; and
c. Living groundcover to cover 90% of the landscape area within three years.
B. Type II landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and parking areas, and allow
views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 5 lineal feet of required perimeter exduding curb cuts; and
c. Living groundcover to cover 90% of the landscape area within three years.
C. Type III landscape perimeter.
1. Purpose is to provide extensive visual separation between industrial areas and
nearby residential areas.
2. Plant materials shall consist of the following:
a. One tree per 20 lineal feet of required perimeter exduding curb cuts; and
b. Shrubs to provide a solid planting screen with a height of five to eight feet or a
solid wooden fence or masonry wall to be approved by the Community Development Director;
and
c. Living groundcover to cover 90% of the landscape area within three years.
D. Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association - ANLA), and shall be healthy, vigorous, and well - formed,
with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be
free from damage caused by temperature extremes, lack of excess moisture, insects, disease, and
mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be
habituated to outdoor environmental conditions (hardened -off).
2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
3. Deciduous trees shall be used to allow visual access to entryways, signage and
pedestrian use areas.
4. Evergreen shrubs shall be used to screen parking lots along street frontages.
5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be
evergreen.
6. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
7. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined
according to the American Standard for Nursery Stock.
8. Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current King County Noxious Weed list may be used.
10. Existing vegetation may be used to meet the requirements of this chapter. All
significant trees located within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a safety hazard as determined by the
Community Development Director shall be retained.
MD:ksn 09 /24/2009
Page 50 of 67
11. The classification of plant material as trees, shrubs and evergreens shall be as listed
in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada.
Section 63. Ordinance Amended. Ordinance No. 2235 §14 (part), as codified at TMC Section
18.52.035, is amended to read as follows:
18.52.035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below.
1 1. Requirements for each distinctly separate parking area within the LDR zone for uses
other than dwelling units, and in the MDR and HDR zones:
a. For areas with up to 20 parking stalls per parking area, no interior landscaping is
required.
b. For areas with 21-40 parking stalls per parking area, 7 square feet of interior
landscape area is required for each parking stall.
c. For areas with more than 40 parking stalls per parking area, 12 square feet of
interior landscape area is required for each parking stall (see Multi- Family Design Guidelines,
Site Planning Section, No. 31 for the normal 15 square feet to be provided).
d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet
wide with an average width of 5 feet.
2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones:
a. For lots with up to 20 parking stalls, no interior landscaping is required.
b. For lots with 21-40 parking stalls, a minimum of 10 square feet of interior
landscape area is required for each parking stall over 20.
c. For lots with more than 40 parking stalls, a minimum of 200 square feet of
interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas
placed behind buildings or otherwise screened from streets, parks and City trails the interior
landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each
parking stall over 40.
3. Requirements for parking lots within the RC, RCM, TUC, C /LI and TVS zones:
a. For areas adjacent to public or private streets, a minimum of 15 square feet of
landscaping is required for each parking stall.
b. For areas placed behind buildings or otherwise screened from streets, parks and
City trails a minimum of 10 square feet of interior landscape area is required for each parking
stall.
4. Planting Standards:
a. Interior landscape islands shall be distributed to break up expanses of paving.
Landscaped areas shall be placed at the ends of each interior row in the parking area with no
stall more than 10 stalls or 100 feet from a landscape area.
b. The minimum size for interior parking lot planting islands is 100 square feet.
c. Planting islands shall be a minimum of 6 feet in any direction and generally the
length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to prevent
plant material from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous tree is required per landscape island
with the remaining area to contain a combination of shrubs, living groundcover and mulch.
Section 64. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section
18.52.040, is amended to read as follows:
18.52.040 General Landscape and Screening Requirements
A. Appropriate plant materials. New plant materials shall include native species or non-
native species that have adapted to the climatic conditions of the Puget Sound Region and are
suited to the planting site, taking into account final plant size, stresses such as heat or freezing,
space for planting, overhead lines or underground utilities present and shade or sun exposure.
Drought resistant species are encouraged, except where site conditions within the required
landscape areas assure adequate moisture for growth. Grass may be used as a groundcover
where existing or amended soil conditions assure adequate moisture for growth. Landscape
perimeter trees should be selected for compatibility with existing plant material or street trees.
B. Site preparation. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term health and survival and
MD:ksn 09 /24/2009
Page 51 of 67
59
shall include incorporation and tilling in of organic material to a depth of 18 inches and
mulching.
C. Coverage standards. All landscaped areas in the MDR and HDR zones (including shrub
beds) shall achieve 90% live ground coverage in three years and all areas not occupied by a
building (including surface parking areas) shall achieve 40% horizontal tree coverage in ten
years.
D. Visibility. The landscaping shall not obstruct view from or into the driveway, sidewalk
or street. Landscape design shall allow for surveillance from streets and buildings and avoid
creating areas that might harbor criminal activity. No shrubs shall be planted or allowed to
grow over two feet in height within thirty feet of intersecting curblines or pavement edges (see
TMC Section 11.20.090). No tree may be planted within two feet of a sidewalk or pavement
edge.
E. Outside storage areas. Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall be a minimum of eight feet high
and not Less than 60% of the height of the material stored. Said screens shall be specified on the
plot plan and approved by the Community Development Director. Except in the MDR and
HDR zones, where outdoor storage shall be fully screened from all public roadways and
adjacent parcels with a sight obscuring structure equal in height to the stored objects and with a
solid screen of exterior landscaping. A top screen cover may be exempted if the item(s) has a
finished top and an equivalent design quality is maintained. The screening structure shall
reflect building architecture as determined by the BAR to be appropriate.
F. Ground level mechanical equipment and garbage storage areas shall be screened with
evergreen plant materials and /or fences or masonry walls.
G. Fences. All fences shall be placed on the interior side of any required perimeter
landscaping.
H. Lighting. Trees shall not be planted in locations where they would obstruct existing or
planned street or site lighting.
I. Automatic irrigation. All landscape areas shall be served by an automatic irrigation
system. Water conservation features such as moisture sensors with automatic rain shut -off
devices, automatic timers, pressure regulating devices, backflow prevention devices, separate
irrigation zones for grass and planting beds, and sprinkler heads matched to site and plant
conditions shall be installed. Irrigation water shall be applied with goals of avoiding runoff and
overspray onto adjacent property, non irrigated areas and impervious surfaces.
J. Utility easements. Utility easements and other similar areas between property lines and
curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing
such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In
areas of overhead transmission lines, no shrubs or trees over 20 feet at maturity will be allowed.
Trees should not be planted within 10 feet of underground water, sewer or storm drainage
pipes.
Section 65. Ordinances Amended. Ordinance Nos. 1971 §19 and 1872 §14 (part), as codified
at TMC Section 18.52.050, are amended to read as follows:
18.52.050 Landscape Plan Requirements
A. A Washington State licensed landscape architect shall prepare and stamp the landscape
plans in accordance with the standards herein. Detailed plans for landscaping and screening
shall be submitted with plans for building and site improvements. Included in the plans shall be
type, quantity, spacing and location of plants and materials, site preparation and specifications
for soils and mulches, location of all overhead and underground utilities (so as to avoid
conflicts with proposed planting locations), typical planting details and the location of irrigation
systems.
B. Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the certificate of
occupancy. If necessary due to weather conditions or construction scheduling the installation
may be postponed to the next planting season if approved by the Community Development
Director and stated on the building permit. A performance assurance device equal to 150% of
the cost of the labor and materials must be provided to the City before the deferral is approved.
The property owner shall keep all planting areas free of weeds and trash and replace any
unhealthy or dead plant materials for the life of the project in conformance with the intent of the
approved landscape plan and TMC Section 8.28.180.
Section 66. Ordinances Amended. Ordinance Nos. 1795 §3 (part) and 1758 §1 (part), as
codified at TMC Section 18.56.040, are amended to read as follows:
MD:ksn 09/24/2009
60
Page 52 of 67
18.56.040 General Requirements
Any required off -street parking and loading facilities shall be developed in accordance with
the following standards:
1. Location. Any on- premises parking area which contains parking stalls located more
than 1,000 feet from the principal use shall require Board of Architectural Review approval for
the entire parking lot.
1 2. Minimum parking area dimensions for surface and structured parking facilities shall
be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot
landscaping overhang to count towards the stall length.
3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where one car
is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two
bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem
parking spaces will be designed for full size rather than compact size vehicles based on the
dimensions in Figure 18-6.
4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off -street
parking spaces shall not exceed 5 %. The slope of entrance and exit driveways providing access
for off -street parking areas and internal driveway aisles without parking stalls shall not exceed
15%.
5. Driveways and maneuverability.
a. Adequate ingress to and egress from each parking space shall be provided
without moving another vehicle and without backing more than 50 feet.
b. Turning and maneuvering space shall be located entirely on private property
unless specifically approved by the Public Works Director and the Board of Architectural
Review.
c. All parking spaces shall be internally accessible to one another without
reentering adjoining public streets.
d. When off -street parking is provided in the rear of a building and a driveway or
lane alongside the building provides access to rear parking area, such driveway shall require a
minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the
building, curbed or raised six inches above the driveway surface.
e. Ingress and egress to any off -street parking lot shall not be located closer than 20
feet from point of tangent to an intersection.
f. The Public Works Director or Planning Commission may require ingress
separate from an egress for smoother and safer flow of traffic.
6. The Director may require areas not designed or approved for parking to be
appropriately marked and /or signed to prevent parking.
7. Surface.
a. The surface of any required off -street parking or loading facility shall be paved
with asphalt, concrete or other similar approved material(s) and shall be graded and drained as
to dispose of all surface water, but not across sidewalks.
b. All traffic - control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car stalls and
direction of traffic.
d. Where pedestrian walks are used in parking lots for the use of foot traffic only,
they shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will not
protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel
stops shall be two feet from the end of the stall of head -in parking.
8. Parallel parking stalls shall be designed so that doors of vehicles do not open onto
the public right -of -way.
9. Obstructions. No obstruction which would restrict car door opening shall be
permitted within five feet of the centerline of a parking space.
10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11. Curb -cuts. All parking areas shall have specific entrance and /or exit areas to the
street. The width of access roads and curb -cuts shall be determined by the Public Works
MD:ksn 09 /24/2009
Page 53 of 67
61
Director. The edge of the curb -cut or access road shall be as required by the Public Works
Director for safe movement of vehicles or pedestrians. Curb -cuts in single - family districts shall
be limited to a maximum of 20 feet in width and the location shall be approved by the Public
Works Director.
12. Parking stalls shall not be used for permanent or semi - permanent parking or storage
of trucks or materials.
Section 67. Ordinances Amended. Ordinance Nos. 1795 §3 and 1758 §1 (part), as codified at
TMC Section 18.56.050, are amended to read as follows:
18.56.050 Required Number of Parking Spaces
The minimum number of off - street parking spaces for the listed uses shall be as shown in
Figure 18-7. Minimum parking requirements shall be maintained over the life of the original or
primary use. Any additional uses, either secondary or accessory in nature, must have parking
available that does not impact the minimum parking of the original or primary use. This
extends to parking spaces used for park -and -fly lots or use of parking for storage or outdoor
display.
Figure 18 -7 - Required Number of Parking Spaces for Automobiles and Bicycles
Use
Automobile Standard
Bicycle Standard
Single - family and multi-
family dwellings
2 for each dwelling unit that
contains up to 3 bedrooms.1
additional space for every 2
bedrooms in excess of 3
bedrooms in a dwelling unit.
Additional parking may be
required for home
occupations and accessory
dwelling units as otherwise
proved by this title.
For multi- family, 1 space
per 10 parking stalls, with
a minimum of 2 spaces.
No requirement for single
family.
Senior Citizen Housing
For 15 units or less, 1 space
per dwelling unit. For
dwellings with more than 15
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
.
Churches Religious
1 for each 4 fixed seats
1 space per 50 parking
stalls, with a minimum of
2 spaces.
facilities, mortuaries and
funeral
homes
Colleges, Universities,
Vocational Schools and
other post - secondary
educational institutions
Shall be determined by
Planning Commission,
based on an evaluation of
information concerning
traffic generated by
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Convalescent /nursing /rest
homes
1 for every 4 beds with a
minimum of 10 stalls
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Food stores and markets
1 for each 300 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
High schools
1 for each staff member plus
2 for every 5 students or
visitors
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Hospitals
1 for each bed
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Hotels, motels and
extended stay
1 for each room, plus one
employee space for each 20
rooms, rounded to the
next highest figure
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Manufacturing
1 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
MD:ksn 09/24/2009
62
Page 54 of 67
MD:ksn 09 /24/2009
Page 55 of 67
63
2 spaces.
Office, commercial and
professional buildings,
banks, dental and medical
clinics
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Outdoor sports areas eF
Parks
Shall be determined by
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Places of public assembly,
including auditoriums,
exhibition halls,
community clubs,
community centers, and
private clubs
The Director shall determine
the number of required
parking spaces, with a
minimum of 1 space for
every 100 square feet of
assembly area. To ensure
parking adequacy for each
proposal, the Director may
consider the following:
a. A parking study or
documentation paid for by
the applicant and
administered by the City
regarding the actual parking
demand for the proposed
use, or
b. Evidence in available
planning and technical
studies relating to the
proposed use.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Post offices
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Public facilities, including
libraries, police and fire
stations
Shall be determined by the
Planning Commission
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant
1 for each 100 square feet of
usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Restaurant, Fast food
1 for each 50 square feet of
usable floor area. Fifty
percent of any outdoor
seating area will be added to
the usable floor area for
parking requirement
calculations.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Retail Sales, Bulk
2.5 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Retail Sales, General
4 for each 1,000 square feet
of usable floor area if located
within the TUC or
TVS zoning districts; 2.5 for
each 1,000 square feet of
usable floor area if
located in any other zoning
district.
1 space per 50 parking
stalls, with a minimum of
2 spaces.
Schools, Elementary &
Junior High
1.5 for each staff member
1 space per classroom
Shopping center (mall), planned, per usable floor area size, as listed below
500,000 sq. ft. or larger
5 for every 1,000 square feet
1 space per 50 parking
stalls, with a minimum of 2
spaces.
25,000 - 499,999 sq. ft.
4 for every 1,000 square feet
1 space per 50 parking
MD:ksn 09 /24/2009
Page 55 of 67
63
Section 68. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.040, is amended to read as follows:
18.58.040 Permits Required
A. No person may place, construct or modify a wireless communication facility subject to
this Chapter without first having in place a permit issued in accordance with this Chapter.
Except as otherwise provided herein, the requirements of this Chapter are in addition to the
applicable requirements of TMC Title 18.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works
or his /her designee shall review all proposed wireless communication facilities that are totally
within City right -of -way. If a project is both on private or public property and City right -of-
way, the DCD Director shall review the application. Regardless of whether the DCD Director or
the Director of Public Works is reviewing the application, all applications will be reviewed and
evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions
and modification of wireless communication facilities.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall
be based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. Applicants use various methodologies and analyses,
including geographically -based computer software, to determine the specific technical
parameters of the services to be provided utilizing the proposed wireless Communication
facilities, such as expected coverage area, antenna configuration, capacity, and topographic
constraints that affect signal paths. In certain instances, a third party expert may be needed to
review the engineering and technical data submitted by an applicant for a permit. The City
may at its discretion require an engineering and technical review as part of a permitting
process. The costs of the technical review shall be borne by the applicant.
H. The selection of the third party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his /her
qualifications. The third party expert review is intended to address interference and public
safety issues and be a site - specific review of engineering and technical aspects of the proposed
wireless communication facilities and /or a review of the applicants' methodology and
equipment used, and is not intended to be a subjective review of the site which was selected by
an applicant. Based on the results of the expert review, the City may require changes to the
application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
MD:ksn 09/24/2009
64
Page 56 of 67
stalls, with a minimum of 2
spaces.
Taverns
1 for every 4 persons based
on occupancy load.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Theaters
1 for every 4 fixed seats. If
seats are not fixed, 1 per 3
seats, with concurrence of
Fire Chief, consistent with
maximum allowed
occupancy.
1 space per 100 seats, with a
minimum of 2 spaces.
Warehousing
1 for every 2,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Section 68. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.040, is amended to read as follows:
18.58.040 Permits Required
A. No person may place, construct or modify a wireless communication facility subject to
this Chapter without first having in place a permit issued in accordance with this Chapter.
Except as otherwise provided herein, the requirements of this Chapter are in addition to the
applicable requirements of TMC Title 18.
B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by
the Director for all projects located on public or private property. The Director of Public Works
or his /her designee shall review all proposed wireless communication facilities that are totally
within City right -of -way. If a project is both on private or public property and City right -of-
way, the DCD Director shall review the application. Regardless of whether the DCD Director or
the Director of Public Works is reviewing the application, all applications will be reviewed and
evaluated pursuant to the provisions of this Chapter.
C. The applicant is responsible for obtaining all other permits from any other appropriate
governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation
Administration, etc.).
D. This Chapter provides guidelines for the placement and construction of wireless
communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions
and modification of wireless communication facilities.
E. No provision of this Chapter shall be interpreted to allow the installation of a wireless
communication facility to reduce the minimum parking or landscaping on a site.
F. Wireless communication facilities that are governed under this Chapter shall not be
eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall
be based on the exceptions or waivers set forth in this Chapter.
G. Third Party Expert Review. Applicants use various methodologies and analyses,
including geographically -based computer software, to determine the specific technical
parameters of the services to be provided utilizing the proposed wireless Communication
facilities, such as expected coverage area, antenna configuration, capacity, and topographic
constraints that affect signal paths. In certain instances, a third party expert may be needed to
review the engineering and technical data submitted by an applicant for a permit. The City
may at its discretion require an engineering and technical review as part of a permitting
process. The costs of the technical review shall be borne by the applicant.
H. The selection of the third party expert may be by mutual agreement between the
applicant and the City, or at the discretion of the City, with a provision for the applicant and
beneficially interested parties to comment on the proposed expert and review his /her
qualifications. The third party expert review is intended to address interference and public
safety issues and be a site - specific review of engineering and technical aspects of the proposed
wireless communication facilities and /or a review of the applicants' methodology and
equipment used, and is not intended to be a subjective review of the site which was selected by
an applicant. Based on the results of the expert review, the City may require changes to the
application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached;
4. The viability of other sites in the City for the use intended by the applicant; and
MD:ksn 09/24/2009
64
Page 56 of 67
5. Any specific engineering or technical issues designated by the City.
I. Any decision by the DCD Director, Director of Public Works, or Planning Commission
shall be given substantial deference in any appeal of a decision by the City to either approve,
approve with conditions, or deny any application for a wireless communication facility.
J. No alterations or changes shall be made to plans approved by the Director, Director of
Public Works, or Hearing Examiner Planning Conuni:cion without approval from the City.
Minor changes which do not change the overall project may be approved by the Director as a
minor modification.
Section 69. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.050, is amended to read as follows:
18.58.050 Types of Permits — Priority-- Restrictions
A. Applications will be reviewed based on the type of wireless communication facilities
requested to be permitted. Each wireless communication facility requires the appropriate type
of project permit review, as shown in Table A:
TABLE A
Type of Permit Required, Based on Type of Wireless Communication Facility
Zoning")
Type of Facility
Residential
Commercial
Industrial
Transmission tower co- location
Type 1
Type 1
Type 1
Adding antennas to an existing tower
Type 1(2)
Type 1(2)
Type 1(2)
Utility pole co- location
Type 2
Type 2
Type 2
Concealed building attached
Type 2(J)
Type 2(3)
Type 1
Non - concealed building attached
Type 2
Type 2
Type 1
New tower or waiver request
Type 3 4(4)
Type3 4(4)
Type 3 4(4)
(1) Zoning for any private /public property or right -of -way:
Residential - LDR, MDR, or HDR.
Commercial - O, MUO, RCC, NCC, RC, RCM, TUC, C/ LI or TVS.
Industrial - LI, HI, MIC /L, or MIC /H.
(2) Provided the height of the tower does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non - concealed building attached facility, under
TMC Section 18.58.150.
(4) In the event of uncertainty on the type of a wireless facility, the DCD Director shall
have the authority to determine how a proposed facility is incorporated into Table A.
B. The priorities for the type of wireless communication facility shall be based upon their
placement in Table A; most desirable facilities are located toward the top and least desirable
facilities toward the bottom. Any application for a wireless communication facility must follow
the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence
that using a transmission tower co- location is not possible before moving to a utility pole co-
location, and so forth, with the last possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communications facilities are as follows:
1. Place antennas on existing structures, such as buildings, towers, water towers, or
electrical transmission towers.
2. Place wireless communication facilities in non - residentially -zoned districts and non-
residential property.
3. Place antennas and towers on public property and on appropriate rights -of -way if
practical, provided that no obligation is created herein for the City to allow the use of City
property or public right -of -way for this purpose.
4. City Property/Public Rights -of -Way. The placement of personal wireless
communication facilities on City-owned property and public rights -of -way will be subject to
other applicable sections of the Tukwila Municipal Code and review by other departments (i.e.,
Public Works, Parks and Recreation, etc.).
5. Wireless communication facilities shall not be permitted on property designated as
landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to TMC Section
18.104.060 and the following:
1. Type 1- Applicant shall submit
MD:ksn 09 /24/2009
Page 57 of 67
65
a. A completed application form provided by the Department of Community
Development;
b. Four sets of plans prepared by a design professional. The plans shall include a
vicinity map, site map, architectural elevations, method of attachment, proposed screening,
location of proposed antennas, and all other information which accurately depicts the proposed
project. Minimum size is 8.5" by 11 ". Plans shall be no greater than 24" x 36 ";
c. A letter from the applicant outlining the proposed project and an evaluation
from the applicant with regard to the City's Code requirements;
d. Sensitive Area studies and proposed mitigation (if required);
e. If an outdoor generator is proposed, a report prepared by an acoustical engineer
demonstrating compliance with TMC Chapter 8.22, "Noise "; and
f. SEPA Application (if required).
2. Type 2 - Applicant shall submit all information required for a Type 1 application,
plus the following:
a. Four sets of photo simulations that depict the existing and proposed view of the
proposed facility;
b. Materials board for the screening material;
c. Landscaping plan;
d. Letter from a radio frequency engineer that demonstrates that the facility meets
Federal requirements for allowed emissions;
e. If the facility is located within a residential zone, a report from a radio frequency
engineer explaining the need for the proposed wireless communication facility. Additionally,
the applicant shall provide detailed discussion on why the wireless communication facility
cannot be located within a commercial or industrial zone; and
f. If landscaping is proposed, four sets of a landscaping plan prepared by a
Washington State - licensed architect.
3. Type 3 4 - The applicant shall submit all the information required for Type 1 and
Type 2 applications, plus the following:
a. All information required for new towers under TMC Section 18.58.070;
b. The radio frequency engineer report shall include a discussion of the information
required under TMC Section 18.58.070. The report shall also explain why a tower must be used
instead of any of the other location options outlined in Table 1;
c. Provisions for mailing labels for all property owners and tenants /residents
within 500 feet of the subject property;
d. Engineering plans for the proposed tower;
e. A vicinity map depicting the proposed extent of the service area;
f. A graphic simulation showing the appearance of the proposed tower and
ancillary structures and ancillary facilities from five points within the impacted vicinity. Such
points are to be mutually agreed upon by the Director of DCD and applicant. All plans and
photo simulations shall include the maximum build -out of the proposed facility;
g. Evidence of compliance with minimum Federal Communications Commission
(FCC) requirements for radio frequency emissions;
h. Evidence of compliance with Federal Aviation Administration (FAA) standards
for height and lighting and certificates of compliance from all affected agencies; and
i. Evidence that the tower has been designed to meet the minimum structural
standards for wireless communication facilities for a minimum of three providers of voice,
video or data transmission services, including the applicant, and including a description of the
number and types of antennas the tower can accommodate.
Section 70. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.060, is amended to read as follows:
18.58.060 New Towers
A. New towers are not permitted within the City unless the Hearing Examiner Planning
Commission finds that the applicant has demonstrated by a preponderance of the evidence that
1. Coverage objective - There exists an actual (not theoretical) significant gap in service,
and the proposed wireless communication facility will eliminate such significant gap in service;
and
MD:ksn 09/24/2009
66
Page 58 of 67
2. Alternates - No existing tower or structure, or other feasible site or other alternative
technologies not requiring a new tower in the City, can accommodate the applicant's proposed
wireless communication facility; and
3. Least intrusive: The proposed new wireless communication facility is designed and
located to remove the significant gap in service in a manner that is, in consideration of the
values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehen-
sive Land Use Plan, the least intrusive upon the surrounding area.
B. The Hearing Examiner Planning Commission shall be the reviewing body on the
application to construct a new tower, and shall determine whether or not each of the above
requirements are met. Examples of evidence demonstrating the foregoing requirements
include, but are not limited to, the following:
1. That the tower height is the minimum necessary in order to achieve the coverage
objective;
2. That no existing towers or structures or alternative sites are located within the
geographic area required to meet the applicant's engineering requirements to meet its coverage
objective (regardless of the geographical boundaries of the City);
3. That existing towers or structures are not of a sufficient height or could not
feasibly be extended to a sufficient height to meet the applicant's engineering requirements to
meet its coverage objective;
4. That existing structures or towers do not have sufficient structural strength to
support the applicant's proposed antenna and ancillary facilities;
5. That the applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the existing structures
would cause interference with the applicant's proposed antenna;
6. That the fees, costs or contractual provisions required by the owner or operator
in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an
existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding
new tower construction by 25% are presumed to be unreasonable;
7. That an alternative technology that does not require the use of a new tower, such
as a cable microcell network using multiple low- powered transmitters /receivers attached to a
wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable; and
8. The applicant demonstrates other limiting factors that render existing towers and
structures or other sites or alternative technologies unsuitable.
All engineering and technological evidence must be provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence required.
C. The Hearing Examiner Planning Commission, after holding a public hearing, shall either
approve, approve with conditions, or deny the application, or remand the application back to
staff for further investigation in a manner consistent with the Hearing Examiner Planning
Commission order.
Section 71. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.160, is amended to read as follows:
18.58.160 Zoning Setback Exceptions
A. Generally, wireless communication facilities placed on private property must meet
setbacks of the underlying zoning. However, in some circumstances, allowing modifications to
setbacks may better achieve the goal of this Chapter of concealing such facilities from view.
B. The Director or Hearing Examiner Planning depending on the type of
application, may permit modifications to be made to setbacks when:
1. An applicant for a wireless communication facility can demonstrate that placing the
facility on certain portions of a property will provide better screening and aesthetic
considerations than provided under the existing setback requirements; or
2. The modification will aid in retaining open space and trees on the site; or
3. The proposed location allows for the wireless communication facility to be located a
greater distance from residentially -zoned (LDR, MDR, and HDR) properties.
C. This zoning setback modification cannot be used to waive /modify any required setback
required under the State Building Code or Fire Code.
Section 72. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.170, is amended to read as follows:
MD:ksn 09/24/2009
Page 59 of 67
67
18.58.170 Height Waivers
A. Where the Hearing Examiner Planning Commiscion finds that extraordinary hardships,
practical difficulties, or unnecessary and unreasonable expense would result from strict
compliance with the height limitations of the Zoning Code, or the purpose of these regulations
may be served to a greater extent by an alternative proposal, it may approve a height waiver to
these regulations; provided the applicant demonstrates the waiver(s) will substantially secure
the values, objectives, standards, and requirements of this Chapter, TMC Title 18, and the
Comprehensive Land Use Plan, and demonstrate the following.
1. The granting of the height waiver will not be detrimental to the public safety, health
or welfare, or injurious to other property, and will promote the public interest and
2. A particular and identifiable hardship exists or a specific circumstance warrants the
granting of a waiver. Factors to be considered in determining the existence of a hardship shall
include, but not be limited to:
a. Topography and other site features;
b. Availability of alternative site locations;
c. Geographic location of property; and
d. Size /magnitude of project being evaluated and availability of co-location.
B. In approving the waiver request, the Hearing Examiner Planning. Commisnion may
impose such conditions as it deems appropriate to substantially secure the objectives of the
values, objectives, standards and requirements of this Chapter, TMC Title 18, and the
Comprehensive Land Use Plan.
C. A petition for any such waiver shall be submitted, in writing, by the applicant with the
application for Hearing Examiner review. The petition shall state fully
the grounds for the waiver and all of the facts relied upon by the applicant.
Section 73. Ordinances. Amended. Ordinance Nos. 2235 §15, 2118 §1, 2005 §17, 1865 §50 and
1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The Board
and the DCD Director shall have the authority to approve, approve with conditions, or deny all
plans submitted based on a demonstration of compliance with all of the guidelines of this
chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC /L, and MIC /H, except when within 300 feet of
residential districts or within 200 feet of the Green /Duwarnish River or that require a shoreline
permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost
of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10%
and 25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO,
0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International
Boulevard corridor (see TMC Figure 18 -9);
c. for any multi- family structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. Minor
MD:ksn 09 /24/2009
68
Page 60 of 67
amendments to an approved project may be permitted upon request to the Director where they
do not substantially change the appearance, intensity or impacts of the project. Major
amendments to an approved project will require submittal of a new design review application.
A major amendment is a substantial change to elements of the approved plans, including
substantially revised building design, alteration of circulation patterns or intensification of
development on the site.
Section 74. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section
18.96.030, is amended to read as follows:
18.96.030 Review of Zoning Compliance
No department, official, or employee of the City shall issue an occupancy permit until there
has been endorsed thereon certification of compliance with the applicable regulations of this
title by the Director or his delegate. For the purposes of Chapter 18.96, an occupancy permit
shall mean the review and recording of zoning compliance as accomplished through the
building permit and business license application procedures.
Section 75. Ordinances Amended. Ordinance Nos. 2235 §19, 2135 §19 and 2119 §1, as
codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 Classification of Project Permit Applications
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 meeting and /or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. Type 1 decisions are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for
the appeals of those decisions.
Type 1 Decisions
TYPE OF PERMIT
DECISION MAKER
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
As specified by ordinance
Boundary Line Adjustment, including Lot
Consolidation [TMC Chapter 17.08)
Community Development Director
Development Permit
Building Official
Minor modification to design review
approval (TMC Section 18.60.030)
Community Development Director
Minor Modification to PRD
(TMC Section 18.46.130)
Community Development Director
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
Community Development Director
Tree Permit (TMC Chapter 18.54)
Community Development Director
Wireless Communication Facility, Minor
(TMC Chapter 18.58)
Community Development Director
2. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal
to the Hearing Examiner, Board of Architectural Review, Planning Commission, City Council
or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant
to RCW 90.58.
Type 2 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC Section 18.60.030)
Community Development
Director
Board of Architectural
Review
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Short Plat Committee
Hearing Examiner
MD:ksn 09/24/2009
Page 61 of 67
69
Binding Site Improvement
Plan (TMC Chapter 17.16)
Short Plat Committee
Hearing Examiner
Cargo Container Placement
(TMC Section 18.50.060)
Community Development
Director
Hearing Examiner
Code Interpretation
(TMC Section 18.90.010)
Community Development
Director
Hearing Examiner
Exception from Single - Family
Design Standard (TMC Section
18.50.050)
Community Development
Director
City Council
Hearing Examiner
Modification to Development
Standards (TMC Section
18.41.100)
Community Development
Director
Hearing Examiner
Parking standard for use not
specified (TMC Section
18.56.100)
Community Development
Director
Hearing Examiner
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Community Development
Director
Planning Commis ion
Hearing Examiner
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Community Development
Director
State Shorelines
Hearings Board
Short Plat (TMC Chapter
17.12)
Short Plat Committee
Hearing Examiner
Sign Area Increase
(TMC Section 19.32.140)
Community Development
Director
Planning Commi: cion
Hearing Examiner
Sign Permit Denial
(TMC Chapter 19.12)
Community Development
Director
Hearing Examiner
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Community Development
Director
Hearing Examiner
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
Community Development
Director
Hearing Examiner
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
Community Development
Director
Hearing Examiner
3. Type 3 decisions are quasi - judicial decisions made by the Hearing Exammer
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
Type 3 Decisions
TYPE OF PERMIT
DECISION MAKER
APPEAL BODY
Resolve uncertain zone district boundary
Hearing Examiner
Superior Court
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Hearing Examiner
Superior Court
TSOO Special Permission Use (TMC
Section 18.41.060)
Hearing Examiner
Superior Court
Conditional Use Permit
Hearing Examiner
Superior Court
Modifications to Certain Parking
Hearing Examiner
Superior Court
Standards (TMC Chapter 18.561
Reasonable Use Exceptions under
Hearing Examiner
Superior Court
Sensitive Areas Ordinance (TMC Section
18.45.180
MD:ksn 09 /24/2009
70
Page 62 of 67
Variance from Parking Standards over
Hearing Examiner
Superior Court
10% (TMC Section 18.56.140)
City Council
Superior Court
_ _.. ' .: . .. . . ... .. .- :
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Planning
Commission
State Shorelines
Hearings Board
Subdivision - Preliminary Plat with no
Hearing Examiner
Superior Court
associated Design Review application
City Council
'- : .. - _.::... - - P - : -.
(TMC Scction 18.11.050)
(TMC Section 17.14.020)
des
Hearings Board
Wireless Communication Facility, Major
Hearing Examiner
Superior Court
or Waiver Request (TMC Chapter 18.58)
17.14.020)
Unique Signs (TMC Section
19.28.010)
Planning Commission
4. Type 4 decisions are quasi - judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner or the City Council based on the record established, by the
Board of Architectural Review or Planning Commission, except Shoreline Conditional Use
Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
(TMC Chaptcr 18.61}
City Council
Superior Court
_ _.. ' .: . .. . . ... .. .- :
Planning Commission
H g-E.mawrinef
Public Hearing Design Review
(TMC Chapter 18.60)
Board of Architectural
Review
Hearing Examiner
City Council
Reasonable Usc Exceptions undcr
Sensitive Area Ordinance (TMC
Section 18.15.180
Planning Commiaaion
City Council
'- : .. - _.::... - - P - : -.
(TMC Scction 18.11.050)
Planning Commission
des
Hearings Board
Subdivision - Preliminary Plat
with an associated Design Review
Planning Commission
-
Hearing Examiner
City Council
application (TMC Section ,.
17.14.020)
Unique Signs (TMC Section
19.28.010)
Planning Commission
Hearing Examiner
City Council
Variance from Parking Standards
over 10% (TMC Scction 18.56.140)
Planning Commission
Hcearing Examiner
Wireless Communication Facility,
Chapter 18.58}
Planning Commission
City Council
(TMC
5. Type 5 decisions are quasi-judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Type 5 Decisions
TYPE OF PERMIT
DECISION MAKER
APPEAL BODY
Planned Residential Development
(PRD), including Major
Modifications (TMC Chapter
18.46)
City Council
Superior Court
Rezone (TMC Chapter 18.84)
City Council
Superior Court
Sensitive Area Master Plan
Overlay (TMC Section 18.45.160)
City Council
Superior Court
Shoreline Environment Re-
designation (Shoreline Master
Program)
City Council
Superior Court
Subdivision - Final Plat (TMC
Section 17.12.030)
City Council
Superior Court
MD:ksn 09 /24/2009
Page 63 of 67
71
Unclassified Use (TMC Chapter
18.66)
City Council
Superior Court
Section 76. Ordinances Amended. Ordinance Nos. 2135 §20 and 1768 §2 (part), as codified
at TMC Section 18.104.060, are amended to read as follows:
18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW 36.70B.070
(which requires the City to determine whether applications are complete within 28 days of
submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit
application within 120 days of determining the application is complete), the following
standards for permit applications are established:
1. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the
materials and fees specified for complete applications. Applications shall be considered
complete as of the date of submittal upon determination by the Department that the materials
submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of
this section, all land use permit applications shall include the following in quantities specified
by the Department
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use
project permits requested by the applicant for the development proposal at the time the
application is filed.
b. If the water utility serving the site is an entity other than the City, a current
Certificate of Water Availability from the water utility purveyor serving the site pursuant to
TMC Section 14.36.010.
c. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC Section 14.36.020 if the site is proposed for
development using a septic system, or a Certificate of Sewer Availability from the sewer utility
purveyor serving the site if the sewer utility serving the site is an entity other than the City.
d. A site plan, prepared in a form prescribed by the Director.
e. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58.17.
f. Any sensitive areas studies required by TMC Chapter 18.45.
g. A completed environmental checklist, if required by TMC Chapter 21.04.
h. A list of any existing environmental documents known to the applicant or the
City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal that
have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
j. A storm water design which meets the requirements set forth in the Surface
Water Design Manual adopted pursuant to TMC Section 16.54.060.
k. For land use permits requiring a Type 3, 4 or 5 decision Current Assessor's
maps and a list of tax parcels to which public notice must be given; a set of mailing labels
addressed to the owners thereof; and a set of mailing address labels addressed to the occupants
thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses
are not the same as the street addresses of the properties to which notice is required. In lieu of
the mailing labels the applicant can pay public notice mailing fee as established by the Land Use
Fee Schedule.
L Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter 18.52.
p. A tree-clearing plan, if required by TMC Chapter 18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if required by TMC Chapter 18.60
or the Shoreline Master Program.
MD:ksn 09/24/2009 Page 64 of 67
72
s. Verification of applicable contractor's registration number, if required by RCW
18.27.110.
2. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
3. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued
processing even though additional information may be required or project modifications may
be subsequently undertaken. The determination of completeness shall not preclude the
Department from requesting additional information or studies either at the time of notice of
completeness or subsequently if new or additional information is required or substantial
changes in the proposed action occur, as determined by the Department.
4. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this section in order for an
application to be deemed complete:
a. Land altering permit, see TMC Section 16.54.100, .110 and .230.
b. Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC Section 14.04.030.
d. Sanitary sewer connection, see TMC Section 14.12.070.
e. Flood control zone permit, see TMC Section 16.52.070.
f. Short subdivisions, see TMC Section 17.08.030.
g. Preliminary subdivisions, see TMC Section 17.12.020.
h. Final subdivisions, see TMC Section 17.12.030.
i. Binding site improvement plans, see TMC Section 17.16.030.
j. PIanned residential developments, see TMC Section 18.46.110.
k. Sign permits, see TMC Section 19.12.020 and .030:
L Shoreline substantial development permits, shoreline conditional use permits
and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline
Master Program.
m. Wireless communication facility permits, see Chapter TMC Chapter 18.58.
5. The applicant shall attest by writ-ten oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
6. Applications shall be accompanied by the payment of applicable filing fees, if any.
Section 77. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.080, is amended to read as follows:
18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and agencies
with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for
all Type 1 decisions which require SEPA review, except that a Notice of Application is not
required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign
Permit Denial pursuant to TMC Chapter 19.12.
B. A Notice of Application shall be issued by the Department within 14 days following the
Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under RCW
43.21 prior to the issuance of the Notice of Application, notice of the determination shall be
combined with the Notice of Application. If a determination of significance (DS) has been made
prior to the issuance of the Notice of Application, the Notice of Application shall also include
the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than the
applicant.
3. A description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents or studies
can be reviewed.
MD:ksn 09/24/2009
Page 65 of 67
73
4. :1 site plan on 8 Vs x 11 inch paper if applicable A statement establishing a public
comment period, which shall be 14 days for Type 1, 2, 3 and 4 decisions and 21 days for Type 5
decisions following the date of the Notice of Application, provided that a public comment
period is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or
a Sign Permit Denial pursuant to TMC Chapter 19.12, and further provided that the comment
period for projects requiring a Shoreline Substantial Development permit shall be either 20 or 30
days, as specified in RCW 90.58.140.
5. The procedures and deadline for filing comments, requesting notice of any required
hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the derision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
6. For Type 5 decisions, the date, time and place of the public meeting required by
TMC Section 18.112.120 and an explanation of the purpose of and procedure to be followed at
such meeting.
7. The date, time place and type of hearing, if applicable and scheduled at the time of
notice.
8. The identification of other permits not included in the application to the extent
known by the Department. •
9. A statement of the preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW 90.58 for Notices of Application for projects
which require a Shoreline Substantial Development permit.
F. Except for a determination of significance, the Department shall not issue a threshold
determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a
recommendation on the application until the expiration of the public comment period on the
Notice of Application.
Section 78. Ordinances Amended. Ordinance Nos. 1991 §13, 1834 §8 and 1768 §2 (part), as
codified at TMC Section 18.104.090, are amended to read as follows:
18.104.090 Notice of Application - Procedure
Notice of Application shall be provided as follows:
1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review,
the Notice of Application shall be mailed to the applicant and to departments and agencies with
jurisdiction, except that a Notice of Application is not required in the case of a Code
Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC
Chapter 19.12.
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of
Application shall be provided by posting pursuant to TMC Section 18.104.110, provided that the
Notice of Application for a Type 1 decision involving a single - family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of
Application shall be posted pursuant to TMC Section 18.104.110 and mailed pursuant to TMC
Section 18.104.120. Notice requirements for secure community transition facilities shall be in
accordance with RCW 71.09.315 as amended.
4. For applications which require any Shoreline permit, additional notice shall be provided
as required by RCW 90.58.
5. For preliminary plats, additional published notice shall be provided as required by RCW
58.17.090(a).
6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility
corridor or right -of -way construction projects) where posting and mailed notice would be
impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice
7. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 79. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section
18.104.120, is amended to read as follows:
18.104.120 Mailed Notice
MD:ksn 09 /24/2009
74
Page 66 of 67
A. Mailed notice shall be issued by first c1a'„ mail the Department within 14 days following
the Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the occupants
thereof to the extent the street addresses of such properties are different than the mailing
addresses of the owners.
2. To any agency or tribe which the Department may identify as having an interest in
the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
Section 80. Ordinances Amended. Ordinance Nos. 1991 §14 and 1768 §2 (part), as codified
at TMC Section 18.104.160, are amended to read as follows:
18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record
appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the
Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC Section
18.104.120. Notice requirements for secure community transition facilities shall be in accordance
with RCW 71.09.315 as amended.
In addition, at least 14 days before such hearing, the Director shall post the Notice of
Hearing on any posted notice board(s) erected pursuant to TMC Section 18.104.110. Such Notice
of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any environmental
documents or studies can be reviewed.
4. A site plan on 3 '%z x 11 inch paper if applicable The date, time, place and type of
hearing.
5. The phone number of the Department and the name of the staff person who can
provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the Notice of
Hearing if the Director determines that such information would increase public awareness or
understanding of the proposed project.
C. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information electronically.
Section 81. 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 82. 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
MD:ksn 09 /24/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 67 of 67
75
PLANNING COMMISSION (PC)
WORKSESSION
MINUTES
JUNE 25, 2009
The meeting was called to order by Chair Malina at 7:00 PM.
Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret
Bratcher, Lynn Peterson and Brooke Alford
Absent: Commissioner; Chuck Parrish
Representing
City Staff: Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens
Chair Malina opened the worksession at 7:00 PM.
Minnie Dhaliwal, Planning Supervisor, Department of Community Development, addressed
miscellaneous code housekeeping issues that she stated needed to be clarified in the code. She said that
after staff receives policy directions from the Planning Commission, staff will return with an ordinance.
Then a public hearing will be held on the ordinance. The CAP was briefed on these issues and once the
Planning Commission has made a recommendation it will be forwarded to the City Council.
1. Currently churches are listed as a Conditional Use in a number of zones in the city. However, there
are approximately 30 small churches operating in single story retail strip mall locations without a
Conditional Use Permit. However, there are no impacts, parking or fire safety issues.
Staff is recommending amending the definition of a religious facility to read:
"A facility operated for worship, prayer, meditation or similar activity by an organization granted tax
exempt status by the IRS."
Staff has proposed three policy options on the approval process for a religious facility in a non - residential
zone as listed in the June 26, 2009 staff report.
Staff recommends option A - "Religious facilities where no more than 50 attendees regularly gather at
one time could be permitted outright, subject to meeting all applicable building and fire codes."
A Conditional Use Permit would still be required if there are more than 50 attendees and/or in residential
zones.
Approved - Option A.
2. Landscaping Chapter
Staff recommends two updates, as listed in the June 26, 2009 staff report, to provide clarity and to
streamline the permit process.
Approved.
3. Permit Application Types and Procedures section of the TMC.
77
Page 2 of 3
Planning Commission Minutes
June 25, 2009
Staff recommends seven (a -g) updates, as listed in the June 26, 2009 staff report.
a) There was concern expressed regarding: procedures related to Notice of Application and Notice of
Hearing 8 '/Z x 11 mailings being replaced with a postcard.
Suggestions from PC: 1) Consider using color postcards; 2) Strike the words, "and web site updates"
b) Approved.
c) Approved.
d) Preliminary approval for a Subdivision pertaining to Design Review projects shall be made by the PC
and is forwarded to CC for final approval.
e) Approved.
f) It was clarified that the length of time for Short Plats and Boundary Line Adjustment applications is
one year with a one year extension.
g) Approved with one revision - remove the following verbiage, "Parking determination for City Parks is
to be made by the PC."
4. Miscellaneous code amendments
Staff recommends eight (a -h) amendments, as listed in the June 26, 2009 staff report.
a) Approved.
b) PC was concerned this amendment would create difficulty for small projects.
c) PC asked staff to look at the legislative history as it may be intentional.
d) Staff will research this recommendation further.
e) PC recommended that staff look into establishing different size thresholds based on the lot sizes.
f) Approved.
g) PC recommendation - Allow up to four lots to include the private road area in the lot area calculation
to meet minimum lot size requirements.
h) Approved.
5. Department of Community Development code interpretations that date back to 1970's and 80's.
Staff recommends codifying seven codes, as listed in the June 26, 2009 staff report. (If applicable)
a) Staff needs to provide the current height definition to the PC.
b) Approved.
c) Approved.
d) Approved.
e) Approved with the addition of vegetation.
f) Approved.
h) Approved.
6. Correct typos or incorrect references (a j), as listed in the June 26, 2009 staff report, through out the
code.
A public hearing will be held on the proposed changes to the code amendments on July 23, 2009. An
ordinance with the revisions to the code language will be prepared for the public hearing.
DIRECTOR'S REPORT
• Nora noted that she sent the PC an email regarding the language for temporary Chair, which was
provided from Shelley Kerslake. Discussion will take place on the issue at a later date.
• In consideration of violation of the open public meetings act — in the future information Nora
sends to the PC via email will be sent to them individually and PC should respond individually.
There cannot be a quorum sending/responding to discussions. A handout was provided regarding
the pitfalls of emails.
78
Page 3 of 3
Planning Commission Minutes
June 25, 2009
• Staff is working on the TUC Update and will be meeting with EcoNorthwest, the economic
consultant to determine how studies can be updated.
• PC was polled regarding scheduling a worksession on July 8, 2009 with the economic consultant
to give the PC the opportunity to meet them and have a Q &A session.
Adjourned:
Adopted:
Submitted By:
10:40 PM
7/23/09
Wynetta Bivens
Secretary
79
DRAFT
PLANNING COMMISSION
PUBLIC HEARING MINUTES
AUGUST 27, 2009
The meeting was called to order by Chair Malina at 7:00 PM
Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg and Lynn Peterson
Absent: Commissioner Brooke Alford and Margaret Bratcher
Representing
City Staff: Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JULY 23, 2009. COMMISSIONER ARTHUR SECONDED THE MOTION;
THE MOTION WAS UNANIMOUSLY APPROVED.
Chair Malina swore in those wishing to testify.
PLANNING COMMISSION PUBLIC HEARING
Chair Malina opened public hearing.
CASE NUMBER: L09 -028
APPLICANT: City of Tukwila
REQUEST: A series of proposed housekeeping code amendments ranging from code
clarification to policy decisions regarding allowed uses and development
standards.
LOCATION: City wide
Minnie Dhaliwal, Planner, Department of Community Development, gave the presentation for staff. The
PC were previously briefed on the code amendments and provided staff some direction on the proposed
changes and requested staff return with modification to some codes. Two additional items were added
since the PC was briefed. One pertained to land use decisions and decision makers, and based on the
recommendations of the Insurance Authority that recommended that the quasi-judicial decisions are made
by the Hearing Examiner; the second item relates to hotel/motel definitions. The City Attorney is in
agreement with the Insurance Authority's recommendations. Staff conducted a review on substantive
code issues to determine what could be moved to the Hearing Examiner and what would create a problem.
It was determined that it was not appropriate for Design Review items to go to the Hearing Examiner.
Therefore, staff recommended that Design Review is not moved to the Hearing Examiner until such time
that substantial changes are made to design review criteria.
In an attempt to cleanup the definition of hotels and motels, which are not consistent with the building
code, it was determined that extended -stays need to be defined. Staff clarified that there was a third item
added to the list previously reviewed by PC. This was related to adding some language that the applicant
shall be responsible for payments when peer review studies need to be completed for noise reports,
lighting plans, and parking demand studies.
Then there was discussion of proposed changes that were previously reviewed by the PC and PC asked
for additional information or there was consensus on the proposed changes.
81
Page 2 of 3
Planning Commission Minutes
August 27, 2009
1. Definition for religious facilities and the allowance of smaller facilities as permitted uses.
There were three options and PC had consensus on staffs recommendation for option A.
2. Landscaping Chapter.
PC had consensus on staff's recommendation.
3. Permit Application Types and Procedure section of TMC.
- PC requested to see samples of the postcards for mailings. Staff provided samples.
- Applicant may choose to pay City to generate mailing labels. Staff has the ability to create
labels in GIS. Changes were incorporated in the ordinance.
- PC is the decision maker for preliminary approval for Sub - Divisions. Final approval is City
Council.
- Thresholds for Design Review multi - family and remodels captured.
- Parking Determination for Parks was kept at an administrative decision.
4. Other miscellaneous code amendments.
- Paving requirements, parking allowed in the rear of a single family home as long as there is an
alley in the back. Staff did not return with any other changes to the paving because there is
language in the code that is sufficient.
- Mixed use office zone. PC expressed concern about lowering height to three stories and 35 ft.
Staff revised the proposed to four stories and 45 ft.
- Recycling storage space 1 1/2 sq. ft. is consistent with other jurisdictions, no changes proposed.
- Garages and sheds being accessory structures. Concern expressed regarding proportion size of
garage to size of lot. PC suggested that the current code not be changed and to schedule a
separate meeting to continue discussion for future changes. Staff suggested this item be pulled
and come back to the PC when future code amendments come to the PC.
- Language added on accessory uses, `other uses similar to and being consistent with the policies
of the Comprehensive Plan.'
- Lot area definition. PC gave directions to allow 4 lot short plats to include the area of the
private road in the lot 'area; the definition of `lot area' was changed so this is reflected.
Change: Definition needs to include fire access roads, which is included in the ordinance.
PC had consensus with the change.
- Building Height. No changes to the definition, parapets not included.
5. Code Interpretations
- Occupancy Permit. Clean up changes made.
- Parking stalls. PC wanted to treat compact stalls and regular stalls the same, allow both to have
2 ft. overhang in the landscape area, change reflected.
- Front yard landscape. No comments.
- Sight distance requirements for fences on corner properties. Reference to the AASHTO in
Public Works Design Manual. No changes necessary.
- Limited access state routes such as I -5 and I -405 be considered as street under the street
definition for the purposes of determining the type of lot. Changes incorporated in the
Ordinance.
- Define and set policy for temporary portable office structures. PC recommendation was to
allow the underline zoning to regulate the placement and aesthetics of these structures. No
changes needed to the code.
6. Corrections
- Correction of typos or incorrect references through out the code can be corrected as part of the
codifying process and do not need to be included in the ordinance. (6,a j)
7. Definition of hotel and motel Definition
- Revised definitions were provided in hard copy at the public hearing. Changed to add the 30
day limitation in order to be consistent with the building code. Therefore, a new definition
for extended -stay was added for stays longer then 30 -days. Additional changes: verbiage
regarding kitchens, the number of units and language about requiring bathrooms
82
Page 3 of 3
Planning Commission Minutes
August 27, 2009
Commissioner Ekberg proposed changing the 18 inches overhang into the setback to 24 inches.
Commissioner Peterson recommended leaving the overhang at 18 inches.
Don Tomaso, Fire Marshall, City of Tukwila stated that houses built in the areas that were incorporated
from King County have 24 inch overhangs.
Commissioner Malina requested that the 18 inches of overhang be changed to 24 inches. Four were in
favor of the change and Commissioner Peterson was opposed.
Staff asked for clarification that in addition to the roof eaves if other overhangs such as bay windows
should also be allowed 24 inches within the setback. Commissioner Malina stated yes.
Commissioner Ekberg pointed out the corrections:
- On the top of page 2, 3`d sentence, after `through' add the word `lot'.
- In the 4th sentence after word `connected' add the word `to'.
- On page 3, section 18.06.585, add RVs to line 4.
- On bottom of page 3, change 18 inches to 24 inches.
- Section 3, pull for future discussion.
- Page 79, keep Planned Residential Development as a City Council decision.
Staff changes:
- Page 80, Shoreline Conditional Use Permit. Move to Hearing Examiner as decision maker.
- Page 80, Wireless Communication Facility, Major. Move to Hearing Examiner as decision maker.
Explanation was given on who the Hearing Examiner is and their responsibilities.
In summary there were five changes to the ordinance:
Hotel/Motel Definition
- Fire Access Road
Change 18 inches of overhang in setback to 24 inches.
Decision Makers
- No changes to the garage size.
COMMISSIONER MAUNA MADE A MOTION TO APPROVE CASE NUMBER L09 -028 ON
STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AND CHANGES TO THE
ORDINANCE. COMMISSIONER ARTHUR SECONDED THE MOTION. ALL WERE IN
FAVOR.
DIRECTOR'S REPORT
Meeting adjourned: 10:35 PM
Submitted by Wynetta Bivens, Secretary
83
Community Affairs & Parks Committee Minutes September 14, 2009 — Page 2
Staff reviewed, in detail, the Urban Renewal Overlay District — Chapter 18.50.170. The Committee
members asked clarifying questions as appropriate. UANIMOUS APPROVAL. FORWARD TO
OCTOBER 12 COW FOR PUBLIC HEARING & DISCUSSION.
B. Housekeeping Code Amendments
Staff is seeking full Council approval of an ordinance amending Title 17: Subdivision and Plats and Title
18: Zoning Code of the Tukwila Municipal Code (TMC). The proposed amendments incorporate changes
ranging from code clarification to updating development regulations and permit processes.
The proposed amendments relative to TMC Titles 17 and 18 have been reviewed by the Planning
Commission, and a public hearing for such was held on August 27, 2009. The amendments include
changes, updates and/or additions including but not limited to:
• Hotel/Motel/Extended Stay
• Religious Facility
• Permit Types & Procedures
• Landscaping
• Parking
In the WCIA 2009 Annual Review & Audit Recommendation, WCIA suggested amending the Permit
Types and Procedures section to transfer quasi-judicial land use matters to a hearing examiner (currently
heard by the City Council and/or Planning Commission). In regards to this suggestion, DCD staff
recommends a gradual transition of quasi-judicial matters to a hearing examiner. Certain quasi-judicial
decisions, such as design review, unclassified use permits, and rezones, will continue to be made by the
City Council and/or Planning Commission until a time that substantive charges are made to approval
criteria.
4...._ Planning Commission Recommendation: The Commission recommends approval of the amendments as
summarized in the Informational Memo included in the CAP Agenda Packet, page 35. UNANIMOUS
APPROVAL. FORWARD TO SEPETMBER 28 COW FOR DISCUSSION
III. MISCELLANEOUS
Meeting adjourned at 5:56 p.m.
Next meeting: Monday, September 14, 2009— 5:00 p.m. — Conference Room #3 '`
Mi
84
utes b
Committee Chair Approval
KAM.
City of Tukwila
Community Affairs &
Parks Committee
O Verna Griffin, Chair
O Joe Duffie
O Kathy Hougardy
AGENDA
Distribution:
V. Griffin
J. Duffie
K. Hougardy
J. Hernandez
D. Robertson
Mayor Haggerton
R. Berry
E. Boykan
B. Fletcher
M. Hart
S. Hunstock
V. Jessop
S. Kerslake
K. Kertzman
G. Labanara
K. Matej
M. Miotke
C. O'Flaherty
N. Olivas
J. Pace
D. Speck
R. Still
B. Arthur
C. Parrish
J. Eide
B. Miles
K. Narog(cover)
S. Kirby(email)
S. Norris(emaii)
R. Fox
M. Dhaliwal
MONDAY, SEPTEMBER 14, 2009, 5:00 PM
Conference Room #3
ITEM
RECOMMENDED ACTION
Page..
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Comprehensive Plan Amendments;
a. Forward to 10/12 C.O.W.
Pg.1
Rebecca Fox, Senior Planner.
and 10/19 Regular.
b. Housekeeping Code Amendments;
b. Forward to 9/28 C.O.W.
Pg.35
Minnie Dhaliwal, Planning Supervisor.
and 10/5 Regular.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, September 28, 2009
Committee Goals:
* Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different
cultures represented within the Tukwila community.
* Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential
neighborhoods.
* Provide legislative support and encouragement to Tukwila residents living in rental communities through programs
that hold owners and /or property managers accountable for providing safe places to live through the implementation
of a rental licensing program.
* Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more
familiar with the changing faces of communities and neighborhoods throughout the City.
* Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (also assigned to F &S).
* Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S).
to. The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Director06 9, .
DATE: September 10, 2009
SUBJECT: 2009 Housekeeping Code Amendments
ISSUE
Should the Tukwila Municipal Code be amended to include some housekeeping code
changes that range from code clarification to updating development regulations and
permit processes?
BACKGROUND
Staff had previously briefed Community Affairs and Parks Committee on May 11, 2009,
regarding a number of housekeeping code amendments. The Committee decided to
forward the proposed amendments to Planning Commission for consideration and
review. Planning Commission was briefed on the proposed amendments on June 25,
2009. A couple of additional items were added to the list after briefing the Committee on
July 27, 2009. Planning Commission held a public hearing on all the proposed changes
on August•27, 2009 and their recommendations are reflected in the attached ordinance
in the underline /strikeout format.
DISCUSSION OF THE PROPOSED CHANGES
Listed below is the summary of the proposed changes that have been incorporated in
the attached draft ordinance:
ti
1. Section a' of the draft Ordinance adds an expiration date to Binding Site
Improvement Plans similar to Short Plat or Boundary Line Adjustment
applications.
2. Section 7 of the draft Ordinance: This section amends the following definitions:
a) Definition of a hotel and motel has been amended to limit the
accommodation to 30 days, in order to be consistent with International
Building Code. Also, a definition for an extended -stay lodging facility is
kA) ■ added. Further the stay in an extended -stay is limited to 180 days; and
extending -stays are allowed in all zones that allow hotels /motels. These
changes have been incorporated in Section 10 through 19 of the draft
ordinance.
b) Per TMC 18.06.505, Lot Area means the total horizontal area within the
boundary lines of a lot and exclusive of street right -of -way, street
easement, or private access roads serving more than one lot authorized
pursuant to the subdivision ordinance. This definition does not address the
fire lanes which in many cases are similar to the private road but are
35
INFORMATIONAL MEMO
Page 2
meant to serve more than one lot. Planning Commission recommended
including the area of the private road that serves up to 4 lots in the lot area
for the purposes of meeting minimum lot area requirements.
c) A new definition of a religious facility has been added. The current code
lists churches as a use but there is no definition.
d) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into
the required setbacks. Staff recommended that this 18 inch overhang may
also be allowed for other type of overhangs (such as a bay window) if it is
approved as part of design review approval of a project and the overhang
helps in providing modulation of the facade. Planning Commission
recommended increasing the 18 inch overhang to 24 inch in addition to
allowing other types of overhangs besides roof eaves.
e) Limited access state routes such as 1 -5 and 1 -405, private access
easements and subdivision tracts for access are considered streets
NO according to the Zoning Code's definition. This effects the type of lots
(corner, through) and their setbacks and landscape requirements. The
definition of street has been amended to include such streets for the
purposes of determining types of lot and their setbacks and landscaping
requirements.
3. Section 3 through 19:
a) The list of primary uses in all zones has a category that lists "other uses
not specifically listed in this title which the Director determines to be
similar in nature to and compatible with other uses permitted outright
within this district, consistent with the stated purpose of this district and
consistent with the policies of the Comprehensive Plan ". However
accessory uses are limited to those specifically listed. A category similar to
the "other uses that are customarily accessory to the listed permitted
uses" and that are determined by the Director to be consistent with the
Comprehensive Plan has been added to the list of accessory uses in all
zones.
The thresholds for when design review is required in LDR, MDR and HDR
zones needed to be clarified. The proposed changes require design
review for all institution changes in LDR zones. Also, the existing code
does not have any thresholds for remodels or renovations of multi - family
developments. In commercial zones if the cost of any exterior work equals
or exceeds 10% of the building's assessed value then the project is
subject to design review. Staff recommended similar threshold for
residential projects in MDR and HDR zones. Planning Commission
concurred with staff. These changes have been incorporated in Section 3,
4 and 23 of the draft ordinance.
Churches are listed as Conditional Uses in a number of zones. It came to
the City's attention that there may be about thirty small churches that are
located in multi- tenant commercial buildings. The definitions section was
amended to include a broader definition of a religious facility that would
include churches as well as synagogues, mosques etc. Further, under the
proposed changes, a facility in residential zones would still require a
Conditional Use Permit, but only a larger facility in commercial zones, with
v\
b)
36
s
c)
C.:3" N
H:10Id Q DrivelMisc code amendments12009 Housekeeping Code changes- CAP3.doc
INFORMATIONAL MEMO
Page 3
more than 50 attendees would require a Conditional Use Permit. Planning
Commission agreed with staffs recommendations and these changes are
reflected in the attached ordinance. Per International Building Code the
occupancy load of 50 people equates to 750 square feet of floor area,
therefore any religious facility with an assembly area of less than 750
square feet is listed as a permitted use in all commercial zoning districts
and those with area larger than 750 square feet will continue to require a
Conditional Use Permit. Sections 3 thru 19 of the ordinance address these
changes.
d) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet.
,1/ Most of other zones have a requirement of either 3 stories /35 feet or 4
stories /45 feet. The proposed changes will allow 4 stories /45feet in MUO
\ \1 zone. This is reflected in Section 6 of the Ordinance.
ke) Extended -stay hotels /motels are listed as permitted uses in all zones that
y1� 1 ,\ currently allow hotels /motels. These changes are reflected in Section 10
�v
\ \I\ l through 19 of the draft ordinance.
4. Section 20: The Department of Community Development will sometimes receive
technical reports as part of land use applications that require peer review, such
as noise reports, lighting plans, parking demand studies, geotechnical reports,
structural review reports etc. The code addresses peer review of geotechnical
reports and structural review reports and the applicant is already responsible to
reimburse the City for peer review expenses. However peer review of
(0 miscellaneous reports such as noise reports, lighting plans and parking demand
studies is not addressed in the code. The proposed changes will add a section to
the zoning code to address that these technical reports may undergo peer review
at the expense of the applicant.
5. Section 21: This section amends the Landscape Chapter of the Zoning Code to
include landscaping requirements for institutional uses in Low Density Zone;
f\) \ \xadds plant and soil specifications; and allows flexibility in the required front yard
ioN kit, `0 landscaping so that the required width may be divided between the perimeter
strip and one or more other landscape areas between the building and the front
j property line.
l.
6. Section 22: This section amends the Parking Chapter of the Zoning Code to
r\ allow a two foot overhang in the landscape area for the regular and compact
0. \‘o stalls. Also, the parking determination for Parks has been changed to an
administrative decision instead of the Planning Commission approval.
7. Section 23: This section establishes when a multifamily development in MDR and
f\.3 HDR zones is subject to design review.
8. Section 24: This section clarifies the term "occupancy permit" as it is used in the
Zoning Code Sections 96.030, .060 and .070. There is no definition of an
occupancy permit in the Zoning Code. However an occupancy permit in the
j\\X Zoning Code has a different meaning than an occupancy permit in the Building
Code. The occupancy permit in the Zoning Code is interpreted by the Planning
1-1:101d 0 DrivelMisc code amendments12009 Housekeeping Code changes- CAP3.doc
INFORMATIONAL MEMO
Page 4
Department to mean the review and recording of zoning compliance as
3 ,\ accomplished through the building permit and business license application
,o\ procedures.
` 9. Section 25: This section amends the Permit Types and Procedures section of the
‘73\6)-\ Zoning Code.
a) The City received a letter from Washington Cities Insurance Authority
recommending that all quasi - judicial decisions be made by the Hearing
Examiner as opposed to the Planning Commission and the City Council.
The Community Affairs and Parks Committee was previously briefed on
this item. Staff recommended that the decision makers for most quasi-
judicial decisions be changed to the Hearing Examiner, however decision
makers for certain decisions such as unclassified use permits, design
review and rezones be kept the same until such time that substantive
changes are made the approval criteria. Planning Commission's
recommendations are reflected in the attached ordinance.
b) In order to allow postcard mailing for city notices references to First Class
mailing and 81/2 x11 inch site plan requirement have been deleted.
Further, email notification is allowed where the parties of record choose to
Z �� c- receive this form of notification. Also, payment in lieu of providing mailing
rabels has been referenced.
10. Section 26: This section allows parking in the rear yard setback of a single - family
residence where it is connected to a rear alley.
38
RECOMMENDATION
The Committee is being asked to forward the Planning Commission's recommendations
to the Committee of the Whole for discussion and a public hearing on September 28,
2009 and subsequent October 5, 2009, Regular Meeting.
ATTACHMENTS
A. Planning Commission meeting minutes from June 25, 2009 and August 27, 2009.
B. Draft Ordinance
H:IOId Q Drive\Misc code amendments \2009 Housekeeping Code changes- CAP3.doc
ATTACHMENT A
PLANNING COMMISSION (PC)
WORKSESSION
MINUTES
JUNE 25, 2009
The meeting was called to order by Chair Malina at 7:00 PM.
Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret
Bratcher, Lynn Peterson and Brooke Alford
Absent:
Representing
City Staff:
Commissioner; Chuck Parrish
Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens
Chair Malina opened the worksession at 7:00 PM.
Minnie Dhaliwal, Planning Supervisor, Department of Community Development, addressed
miscellaneous code housekeeping issues that she stated needed to be clarified in the code. She said that
after staff receives policy directions from the Planning Commission, staff will return with an ordinance.
Then a public hearing will be held on the ordinance. The CAP was briefed on these issues and once the
Planning Commission has made a recommendation it will be forwarded to the City Council.
1. Currently churches are listed as a Conditional Use in a number of zones in the city. However, there
are approximately 30 small churches operating in single story retail strip mall locations without a
Conditional Use Permit. However, there are no impacts, parking or fire safety issues.
Staff is recommending amending the definition of a religious facility to read:
"A facility operated for worship, prayer, meditation or similar activity by an organization granted tax
exempt status by the IRS."
Staff has proposed three policy options on the approval process for a religious facility in a non - residential
zone as listed in the June 26, 2009 staff report.
Staff recommends option A - "Religious facilities where no more than 50 attendees regularly gather at
one time could be permitted outright, subject to meeting all applicable building and fire codes."
A Conditional Use Permit would still be required if there are more than 50 attendees and/or in residential
zones.
Approved - Option A.
2. Landscaping Chapter
Staff recommends two updates, as listed in the June 26, 2009 staff report, to provide clarity and to
streamline the permit process.
Approved.
3. Permit Application Types and Procedures section of the TMC.
39
Page 2 of 3
Planning Commission Minutes
June 25, 2009
Staff recommends seven (a -g) updates, as listed in the June 26, 2009 staff report.
a) There was concern expressed regarding: procedures related to Notice of Application and Notice of
Hearing 8 '/2 x 11 mailings being replaced with a postcard.
Suggestions from PC: 1) Consider using color postcards; 2) Strike the words, "and web site updates"
b) Approved.
c) Approved.
d) Preliminary approval for a Subdivision pertaining to Design Review projects shall be made by the PC
and is forwarded to CC for final approval.
e) Approved.
f) It was clarified that the length of time for Short Plats and Boundary Line Adjustment applications is
one year with a one year extension.
g) Approved with one revision - remove the following verbiage, "Parking determination for City Parks is
to be made by the PC."
4. Miscellaneous code amendments
Staff recommends eight (a -h) amendments, as listed in the June 26, 2009 staff report.
a) Approved.
b) PC was concerned this amendment would create difficulty for small projects.
c) PC asked staff to look at the legislative history as it may be intentional.
d) Staff will research this recommendation further.
e) PC recommended that staff look into establishing different size thresholds based on the lot sizes.
f) Approved.
g) PC recommendation - Allow up to four lots to include the private road area in the lot area calculation
to meet minimum lot size requirements.
h) Approved.
5. Department of Community Development code interpretations that date back to 1970's and 80's.
Staff recommends codifying seven codes, as listed in the June 26, 2009 staff report. (If applicable)
a) Staff needs to provide the current height definition to the PC.
b) Approved.
c) Approved.
d) Approved.
e) Approved with the addition of vegetation.
f) Approved.
h) Approved.
6. Correct typos or incorrect references (a j), as listed in the June 26, 2009 staff report, through out the
code.
A public hearing will be held on the proposed changes to the code amendments on July 23, 2009. An
ordinance with the revisions to the code language will be prepared for the public hearing.
DIRECTOR'S REPORT
• Nora noted that she sent the PC an email regarding the language for temporary Chair, which was
provided from Shelley Kerslake. Discussion will take place on the issue at a later date.
• In consideration of violation of the open public meetings act — in the future information Nora
sends to the PC via email will be sent to them individually and PC should respond individually.
There cannot be a quorum sending /responding to discussions. A handout was provided regarding
the pitfalls of emails.
40
Page 3 of 3
Planning Commission Minutes
June 25, 2009
• Staff is working on the TUC Update and will be meeting with EcoNorthwest, the economic
consultant to determine how studies can be updated.
• PC was polled regarding scheduling a worksession on July 8, 2009 with the economic consultant
to give the PC the opportunity to meet them and have a Q &A session.
Adjourned:
Adopted:
Submitted By:
10:40 PM
7/23/09
Wynetta Bivens
Secretary
41
DRAFT
PLANNING COMMISSION
PUBLIC HEARING MINUTES
AUGUST 27, 2009
The meeting was called to order by Chair Malina at 7:00 PM
Present: Chair, George Malina; Vice - Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg and Lynn Peterson
Absent:
Representing
City Staff:
Commissioner Brooke Alford and Margaret Bratcher
Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JULY 23, 2009. COMMISSIONER ARTHUR SECONDED THE MOTION;
THE MOTION WAS UNANIMOUSLY APPROVED.
Chair Malina swore in those wishing to testify.
PLANNING COMMISSION PUBLIC HEARING
Chair Malina opened public hearing.
CASE NUMBER: L09 -028
APPLICANT: City of Tukwila
REQUEST: A series of proposed housekeeping code amendments ranging from code
clarification to policy decisions regarding allowed uses and development
standards.
LOCATION: City wide
Minnie Dhaliwal, Planner, Department of Community Development, gave the presentation for staff. The
PC were previously briefed on the code amendments and provided staff some direction on the proposed
changes and requested staff return with modification to some codes. Two additional items were added
since the PC was briefed. One pertained . to land use decisions and decision makers, and based on the
recommendations of the Insurance Authority that recommended that the quasi-judicial decisions are made
by the Hearing Examiner; the second item relates to hotel/motel definitions. The City Attorney is in
agreement with the Insurance Authority's recommendations. Staff conducted a review on substantive
code issues to determine what could be moved to the Hearing Examiner and what would create a problem.
It was determined that it was not appropriate for Design Review items to go to the Hearing Examiner.
Therefore, staff recommended that Design Review is not moved to the Hearing Examiner until such time
that substantial changes are made to design review criteria.
In an attempt to cleanup the definition of hotels and motels, which are not consistent with the building
code, it was determined that extended -stays need to be defined. Staff clarified that there was a third item
added to the list previously reviewed by PC. This was related to adding some language that the applicant
shall be responsible for payments when peer review studies need to be completed for noise reports,
lighting plans, and parking demand studies.
Then there was discussion of proposed changes that were previously reviewed by the PC and PC asked
for additional information or there was consensus on the proposed changes..
42
Page 2 of 3
Planning Commission Minutes
August 27, 2009
1. Definition for religious facilities and the allowance of smaller facilities as permitted uses.
There were three options and PC had consensus on staff's recommendation for option A.
2. Landscaping Chapter.
PC had consensus on staff's recommendation.
3. Permit Application Types and Procedure section of TMC.
- PC requested to see samples of the postcards for mailings. Staff provided samples.
- Applicant may choose to pay City to generate mailing labels. Staff has the ability to create
labels in GIS. Changes were incorporated in the ordinance.
- PC is the decision maker for preliminary approval for Sub - Divisions. Final approval is City
Council.
- Thresholds for Design Review multi - family and remodels captured.
- Parking Determination for Parks was kept at an administrative decision.
4. Other miscellaneous code amendments.
- Paving requirements, parking allowed in the rear of a single family home as long as there is an
alley in the back. Staff did not return with any other changes to the paving because there is
language in the code that is sufficient.
- Mixed use office zone. PC expressed concern about lowering height to three stories and 35 ft.
Staff revised the proposed to four stories and 45 ft.
- Recycling storage space 1 1/2 sq. ft. is consistent with other jurisdictions, no changes proposed.
- Garages and sheds being accessory structures. Concern expressed regarding proportion size of
garage to size of lot. PC suggested that the current code not be changed and to schedule a
separate meeting to continue discussion for future changes. Staff suggested this item be pulled
and come back to the PC when future code amendments come to the PC.
- Language added on accessory uses, `other uses similar to and being consistent with the policies
of the Comprehensive Plan.'
- Lot area definition. PC gave directions to allow 4 lot short plats to include the area of the
private road in the lot area; the definition of `lot area' was changed so this is reflected.
Change: Definition needs to include fire access roads, which is included in the ordinance.
PC had consensus with the change.
- Building Height. No changes to the definition, parapets not included.
5. Code Interpretations
- Occupancy Permit. Clean up changes made.
- Parking stalls. PC wanted to treat compact stalls and regular stalls the same, allow both to have
2 ft. overhang in the landscape area, change reflected.
- Front yard landscape. No comments.
- Sight distance requirements for fences on corner properties. Reference to the AASHTO in
Public Works Design Manual. No changes necessary.
- Limited access state routes such as I -5 and I -405 be considered as street under the street
definition for the purposes of determining the type of lot. Changes incorporated in the
Ordinance.
- Define and set policy for temporary portable office structures. PC recommendation was to
allow the underline zoning to regulate the placement and aesthetics of these structures. No
changes needed to the code.
6. Corrections
- Correction of typos or incorrect references through out the code can be corrected as part of the
codifying process and do not need to be included in the ordinance. (6,a j)
7. Definition of hotel and motel Definition
- Revised definitions were provided in hard copy at the public hearing. Changed to add the 30
day limitation in order to be consistent with the building code. Therefore, a new definition
for extended -stay was added for stays longer then 30 -days. Additional changes: verbiage
regarding kitchens, the number of units and language about requiring bathrooms
43
Page 3 of 3
Planning Commission Minutes
August 27, 2009
Commissioner Ekberg proposed changing the 18 inches overhang into the setback to 24 inches.
Commissioner Peterson recommended leaving the overhang at 18 inches.
Don Tomaso, Fire Marshall, City of Tukwila stated that houses built in the areas that were incorporated
from King County have 24 inch overhangs.
Commissioner Malina requested that the 18 inches of overhang be changed to 24 inches. Four were in
favor of the change and Commissioner Peterson was opposed.
Staff asked for clarification that in addition to the roof eaves if other overhangs such as bay windows
should also be allowed 24 inches within the setback. Commissioner Malina stated yes.
Commissioner Ekberg pointed out the corrections:
- On the top of page 2, 3rd sentence, after `through' add the word `lot'.
- In the 4th sentence after word `connected' add the word `to'.
- On page 3, section 18.06.585, add RVs to line 4.
- On bottom of page 3, change 18 inches to 24 inches.
- Section 3, pull for future discussion.
- Page 79, keep Planned Residential Development as a City Council decision.
Staff changes:
- Page 80, Shoreline Conditional Use Permit. Move to Hearing Examiner as decision maker.
- Page 80, Wireless Communication Facility, Major. Move to Hearing Examiner as decision maker.
Explanation was given on who the Hearing Examiner is and their responsibilities.
In summary there were five changes to the ordinance:
Hotel/Motel Definition
Fire Access Road
Change 18 inches of overhang in setback to 24 inches.
Decision Makers
No changes to the garage size.
COMMISSIONER MAUNA MADE A MOTION TO APPROVE CASE NUMBER L09 -028 ON
STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AND CHANGES TO THE
ORDINANCE. COMMISSIONER ARTHUR SECONDED THE MOTION. ALL WERE IN
FAVOR.
DIRECTOR'S REPORT
Meeting adjourned: 10:35 PM
Submitted by Wynetta Bivens, Secretary
44
DRAFT ATTACHMENT B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 18 "ZONING
CODE" AND TITLE 17 "SUBDIVISION AND PLATS" TO INCORPORATE A
VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the zoning code of the City of Tukwila lists churches as a conditional
use regardless of the size and does not list other religious facilities and in the past all
religious facilities have been regulated similar to churches; and the council wishes to
amend the code to list religious facility as a separate use category and not require a
conditional use process for smaller facilities; and
WHEREAS, there are some updates needed to the landscape chapter to clarify
landscaping requirements for institutional uses in Low Density Zones; and to add
specifications for plant materials and soil; and
WHEREAS, the zoning code of the City of Tukwila lists permit application types
and procedures and the city has received recommendations from Washington Cities
Insurance Authority for amendments regarding decision makers and appeal bodies and
the city wishes to update its permit types and procedures based on WCIA's
recommendations; and
WHEREAS, the zoning code of the City of Tukwila establishes procedures for
public notice and the city wishes to update the mailing procedures to allow postcard
mailings and email notifications; and
WHEREAS, the zoning code of the City of Tukwila establishes various procedures
for different types of permits and the city wishes to clarify those procedures including .
establishing an expiration dates for Binding Site Improvement Plans; clarifying when
design review is required for multifamily developments; changing the parking
determination for City Parks to be an administrative process; defining an occupancy
permit as used in the zoning code; adding a requirement that review of technical studies
may undergo peer review at the expense of the applicant; and
WHEREAS, the zoning code of the City of Tukwila establishes various development
standards and the city wishes to clarify and/or amend those development standards
including clarifying the height in MUO zone; expanding the list of accessory uses;
clarifying the lot area definition to include the area of private road that serves up to four
lots; increasing the roof eaves overhang in the setback area to 24 inches and allowing
other types of overhangs in the setback area if approved as part of design review
approval; allowing parking stalls to overhang two feet in the landscaping area; allowing
front yard landscaping to be divided into a perimeter strip and other areas between the
1
45
46
building and front property line; clarifying the definition of street to include freeways and
private access roads for the purposes of determining the type of lot- corner or through lot;
clarifying that parking in the rear setback of a single family home is allowed if it is
connected to a rear alley; changing the definition of hotel/motel to be consistent with
International Building Code and adding a definition for an extended stay lodging facility;
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the zoning and subdivision code and adopted a motion recommending the proposed
changes;
WHEREAS, on , the Tukwila City Council, following adequate public
notice, held a public hearing to receive a testimony concerning the recommendations of
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new section is hereby added to TMC Chapter 17.16, Detailed
Procedures for Binding Site Improvement Plan, as follows:
TMC 17.16.070 Expiration
If the Binding Site Improvement Plan (BSIP) is not recorded within one year of the date
of the preliminary BSIP, the BSIP shall become null and void. Upon written request by
the applicant prior to the expiration date, the Short Subdivision Committee may grant one
extension of not more than one year.
Section 2. TMC Chapter 18.06 Definitions is hereby amended as follows:
TMC 18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short
term commercial basis for tenants. The following uses are excluded; Bed and breakfast
facilities, hotels and motels, extended -stay hotels or motels, shelters, and facilities which
provide short or long -term care for tenants suffering from physical, mental or other
disabilities.
TMC 18.06.287 Extended -Stay Hotel or Motel
"Extended stay hotel or motel" means a building or buildings or portion thereof, the
units of which contain independent provisions for living, eating and sanitation
including, but not limited to, a kitchen sink and permanent cooking facilities, a
bathroom, and a sleeping area in each unit, and are specifically constructed, kept, used,
maintained, advertised, and held out to the public to be a place where temporary
residence is offered for pay to persons for a minimum stay of more than thirty (30) days
and a maximum stay of six (6) months per year. Extended stay hotels or motels shall not
2
include dwelling units, as defined in this section, for permanent occupancy. The
specified units for extended -stay must conform to the required features, building code,
and fire code provisions for dwelling units as set forth in this code. Nothing in this
definition prevents an extended -stay unit from being used as a hotel or motel unit.
Extended stay hotel or motels shall be required to meet the hotel /motel parking
requirements. Not included are institutions housing persons under legal restraint or
requiring medical attention or care.
18.06.440Hotel
"Hotel" means a building, or buildings or portion thereof, the units of which are used.,
rented or hired out as sleeping accommodations only for the purposes of transitory
housing.
purposes. Hotels rooms shall have their own private toilet facilities, and may or may not
have their own kitchens facilities. Hotels shall not include dwelling units, as defined in
this section, for permanent occupancy. A central kitchen, and dining room and accessory
shops and services catering to the general public can be provided. No room may be used
by the same person or persons for a period exceeding thirty (30) calendar days per year.
Not included are institutions housing persons under legal restraint or requiring medical
attention or care.
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive
of street right -of -way, street easement, fire access roads or private access roads except
where the private road serves four or fewer lots. more than one lot authorized pursuant to
18.06.585 Motel
"Motel" •
inn and similar names. A motel is means a building or buildings or portion thereof,
the units of which are
used, rented, or hired out as sleeping accommodations only for the purposes of transitory
housing. A motel includes tourist cabins, tourist court, motor lodge auto court, cabin
court, motor inn and similar names but does not include accommodations for travel
trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities,
and may or may not have their own kitchen facilities. Motels are distinguished from
hotels primarily by reason of providing adjoining parking and direct independent access
to each rental unit. Motels shall not include dwelling units, as defined in this section, for
permanent occupancy. No room may be used by the same person or persons for a period
exceeding thirty (30) calendar days per year. Not included are institutions housing
persons under legal restraint or requiring medical attention or care. as individual sleeping
or dwelling units having their own private toilet facilities, and may or may not have their
.. .-
18.06.682 Religious Facility.
3
47
48 I
"Religious Facility" means a facility operated for worship, prayer, meditation or similar
activity by an organization granted tax exempt status by the Federal Internal Revenue
Service.
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot
lines except that roof eaves may intrude a maximum of 24 inches into this area. A
maximum 24 inch overhang may also be allowed for portions of a building (such as a bay
window) if approved as part of design review approval where the overhang provides
modulation of the facade.
18.06.795 Street
"Street" means a public thoroughfare which affords the principal means of access to
abutting properties. Limited access state routes such as I -5, I -405, SR 518, subdivision
tracts dedicated for access, private easements for access and streets that provide no access
to abutting properties shall be considered streets for the purposes of determining the type
of lots such as corner or through lots and their setbacks and landscape requirements.
Section 3. TMC Chapter 18.10 Low Density Residential is hereby amended as follows:
18.10.03 0 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Low - Density Residential District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area,
provided it is located on the same lot as the principal use and is subject to the regulations
affecting the main building.
4
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above mentioned animals shall be allowed on the same lot.
10. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.10.040 Conditional Uses
The following uses may be allowed within the Low - Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health
Department.
2. Cemeteries and crematories.
3. ChurchesReligious facility and community center buildings.
4. Dormitories
5. Electrical substations -- distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
8. Radio, television, microwave, cellular or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior and senior high schools (public), and
equivalent private schools.
5
49
50
18.10.055Design Review
1 Design Review is required for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses
and standards of an adjacent commercial zone. (See TMC Chapter 18.60, Board of
Architectural Review)
Section 4. TMC Chapter 18.12 Medium Density Residential is hereby amended as
follows:
18.12.030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Medium Density Residential
District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. Minimum lot of 7,200 square feet;
b. Accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property;
d. Dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. Minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet, and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area,
provided it is located on the same lot as the principal use and is subject to the regulations
affecting the main building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above - mentioned animals shall be allowed on the same lot.
6
10. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.12.040 Conditional Uses
The following uses may be allowed within the Medium Density Residential District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health
Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. ChurchesReligious facility and community center buildings.
5. Convalescent and nursing homes for not over 12 patients.
6. Dormitories.
7. Manufactured/mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per
c. vehicular access to individual dwelling units shall be from the interior of
the park; and
d. emergency access shall be subject to the approval of the Tukwila Fire
Department.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Libraries, museums or art galleries (public).
11. Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
13. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
acre;
7 51
52
18.12.060Design Review
Design review is required for all new multi - family structures; mobile or manufactured
home parks; and for developments in a Commercial Redevelopment Area that propose
the uses and standards of an adjacent commercial zone. Multi- family structures up to
1,500 square feet will be reviewed administratively.
(See TMC Chap. 18.60, Board of Architectural Review.)
Section 5. TMC Chapter 18.14 High Density Residential is hereby amended as
follows:
18.14.030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the High - Density Residential
District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
5. Home occupations.
6. Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
7. Parking areas.
8. Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above mentioned animals shall be allowed on the same lot.
9. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
8
18.14.040 Conditional Uses
The following uses may be allowed within the High - Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f all necessary permits or approvals are obtained from the Health
Department.
2. Boarding houses.
3. Cemeteries and crematories.
4. ChurcheaReligious Facility and community center buildings.
5. Dormitories.
6. Electrical substations - distribution.
7. Fire and police stations.
8. Radio, television, microwave, or observation stations and towers.
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 6. TMC Chapter 18.16, Mixed Use Office District is amended as follows:
18.16.020Permitted Uses
The following uses are permitted outright within the Mixed -Use Office District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having 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 behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
9 53
54
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Day care centers.
10. Dwelling - One detached single - family dwelling per existing lot.
11. Dwelling - Multi - family units above office and retail uses.
12. Dwelling - Senior citizen housing as a freestanding use subject to additional
requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial services.
20. Public parks, trails, picnic areas and play - grounds but not including
amusement parks, golf courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Religious facility with an assembly area less than 750 square feet.
223. Restaurants, including cocktail lounges in conjunction with a restaurant.
243. 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 sporting goods, and similar items.
254. 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).
266. Schools and studios for education or self improvement.
276. Shelters.
278. Studios - art, photography, music, voice and dance.
29g. Telephone exchanges.
3029. 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
10
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.16.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Mixed -Use Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6. Home occupations.
7. Parking areas.
8. Recreational area and facilities for employees.
9. Residences for security or maintenance personnel.
10. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.16.040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional
Use Permits.
1. Bed and Breakfast lodging.
2. Cemeteries and crematories.
3. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
4. Colleges and universities.
11 55
56
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation - distribution.
7. Fire and police stations.
8. Hospitals, sanitariums, or similar institutions.
9. Park -and -ride lots.
10. Radio, television, microwave, or observation stations and towers.
11. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
18.16.080Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed
and referenced standards. In the Tukwila International Boulevard corridor, there are
circumstances under which these basic standards may be waived (see TMC 18.60.030).
Certain setback and landscaping standards may be waived by the Director of Community
Development as a Type 2 decision when an applicant can demonstrate that shared
parking is provided. If a project requires a Type 4 approval process, certain setbacks and
landscaping may be waived by the BAR when an applicant can demonstrate that the
number of driveways is reduced, efficiency of the site is increased, joint use of parking
facilities is allowed or pedestrian oriented space is provided. Landscaping and setback
standards may not be waived on commercial property sides adjacent to residential
districts. (See the Tukwila International Boulevard Design Manual for more detailed
directions.)
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit,
multi - family (except
senior citizen housing),
minimum
3,000 sq. ft.
Setbacks to yards,
minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of
bldg. height, setback 1
foot from property line)
min. of 10 feet and a
max. of 30 feet
• Rear
10 feet
12
• Rear, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of
bldg. height, setback 1
foot from property line)
min. of 10 feet and a
max. of 30 feet
Height, maximum
43- stories or 45 feet
Landscape requirements (minimum):
See Landscape, Recreation,
Waste Space requirements
requirements
Recycling/ Solid
chapter for further
15 feet
• Front
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
10 feet
• Rear
5 feet
• Rear, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
10 feet
Recreation space
200 sq. ft. per dwelling
unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling
unit
Off - street parking:
• Residential (except
senior citizen
housing)
See TMC Chapter
18.56,
Off street Parking &
Loading Regulations
See TMC 18.16.030,
Accessory Uses
• Accessory dwelling
unit
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses, including
senior citizen housing
See TMC Chapter
18.56, Off - street
Parking & Loading
Regulations
13
57
58
Performance Standards: Use, activity and
operations within a structure or a site shall comply
with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke
and other airborne pollutants, (2) TMC Chapter
8.22, "Noise ", and, (3) adopted State and Federal
standards for water quality and hazardous
materials. In addition, all development subject to
the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to
determine whether adverse environmental impacts
have been adequately mitigated.
Section 7. TMC Chapter 18.18, Office District is amended as follows:
18.18.020 Permitted Uses
The following uses are permitted outright within the Office District, subject to
compliance with all other applicable requirements of the Tukwila 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 pedestrian 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. Libraries, 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
14
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. Religious facility with an assembly area less than 750 square feet.
189. Restaurants, including cocktail lounges in conjunction with a restaurant.
2019. 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).
201. Schools and studios for education or self - improvement.
22 +. Shelters.
232. Studios - art, photography, music, voice and dance.
24. Telephone exchanges.
254. 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 of the Tukwila Comprehensive Plan.
18.18.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Office District.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
15 59
60
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.18.040 Conditional Uses
The following uses may be allowed within the Office District, subject to the
requirements, procedures, and conditions established by TMC 18.18.64, Conditional Use
Permits.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feetChurchea
and community center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations - distribution.
6. Fire and police stations.
7. Hospitals, sanitariums, or similar institutions.
8. Park - and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
11. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 8. TMC Chapter 18.20, Residential Commercial Center District is amended as
follows:
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
16
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial 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. Laundries:
a. self service;
b. dry cleaning;
c. tailor, dyeing.
11. Offices, when such offices occupy no more than the first two stories 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. business, such as travel, real estate;
g. commercial.
12. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
13. Religious facility with an assembly area less than 750 square feet.
134. 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 sporting goods, and similar items.
154. Schools and studios for education or self - improvement.
165. Studios - art, photography, music, voice and dance.
176. 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 of the Tukwila Comprehensive Plan.
18.20.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Residential Commercial Center
District.
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
17 61
62
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches or schools.
3. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.20.040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1. Brew pubs.
2. ChurchesReligious facility with an assembly area greater than 750 square feet
and community center buildings.
3. Convalescent and nursing homes for not more than 12 patients.
4. Fire and police stations.
5. Fraternal organizations.
6. Libraries, museums or art galleries (public).
7. Radio, television, microwave, or observation stations and towers.
8. Recreation facilities (public) including, but not limited to, sports fields,
community centers, urses.
9. Restaurants, including cocktail lounges in conjunction with a restaurant.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
18
Section 9. TMC Chapter 18.22, Neighborhood Commercial Center District is amended as
follows:
18.22.020Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant 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, ink,
paints, paper, plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing,
meeting the City's performance standards and offering their services to the local populace
on a walk -in basis;
g. businesses that service and repair the above products, that are entirely
enclosed within a building, offering their services to the local populace on a walk -in basis
and meeting 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 nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling - One detached single - family dwelling per existing lot.
13. Dwelling - Multi- family units above office, and retail uses.
14. Financial:
a. banking;
b. mortgage;
c. other services.
15. Fix -it, radio or television repair shops/ rental shops.
16. Fraternal organizations.
19 63
64
17. Frozen food lockers for individual or family use.
18. Greenhouses or nurseries (commercial).
19. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of the
building or basement and floor above, or three stories in the Urban Redevelopment Area
along Tukwila International Boulevard, 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.
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. Plumbing shops (no tin work or outside storage).
25. Recreation facilities (commercial - indoor), athletic or health clubs.
26. Religious facility with an assembly area less than 750 square feet.
267. Restaurants, including cocktail lounges in conjunction with a restaurant.
278. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
289. 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 sporting goods, and similar items.
3029. Schools and studios for education or self - improvement.
310. Studios - art, photography, music, voice and dance.
3.1-2. Telephone exchanges.
332. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
324. Wholesale or retail sales offices or sample rooms, with less than 50%
storage or warehousing.
354. 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 of the Tukwila Comprehensive Plan.
20
18.22.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Neighborhood Commercial
Center District.
1. Billiard or pool rooms.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5. Home occupations.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.22.040 Conditional Uses
The following uses may be allowed within the Neighborhood Commercial Center
District, subject to the requirements, procedures, and conditions established by TMC
Chapter 18.64, Conditional Use Permits.
1. Churche:,Religious facility with an assembly area greater than 750 square feet
and community center buildings.
2. Colleges and universities.
3. Convalescent and nursing homes for more than 12 patients.
4. Electrical substations - distribution.
5. Fire and police stations.
6. Park - and -ride lots.
7. Radio, television, microwave, or observation stations and towers.
21 65
66
8. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
9. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 10. TMC Chapter 18.24, Regional Commercial District is amended as follows:
18.24.020Permitted Uses
The following uses are permitted outright within the Regional Commercial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package the following: foods,
including but not limited to baked goods, beverages, candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
22
17. Dwelling - Multi - family units on a lot that does not front on Tukwila
International Boulevard South subject to the HDR requirements of TMC. 18.50.083,
Maximum Building Length, and TMC 18.52.060, 2. -4., Recreation Space Requirements.
18.Extended -stay hotel /motel.
1g9. Financial:
a. banking;
b. mortgage;
c. other services.
201-9. Fix -it, radio or television repair shops/ rental shops.
210. Fraternal organizations.
221-. Frozen food lockers for individual or family use.
223. Greenhouses or nurseries (commercial).
234. Hotels.
245. Industries involved with etching, film processing, lithography, printing, and
publishing.
266. Laundries:
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
267. Libraries, museums or art galleries (public).
278. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
289. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
3029. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
310. Medical and dental laboratories.
324-. Mortician and funeral homes.
332. Motels.
343. 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.
345. Outpatient, inpatient, and emergency medical and dental.
365. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
376. Planned shopping center (mall).
3P. Plumbing shops (no tin work or outside storage).
398. Recreation facilities (commercial - indoor), athletic or health clubs.
23
67
68
409. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
402. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
434. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
442. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
454. 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 sporting goods, and similar items.
464. Schools and studios for education or self - improvement.
475. Self - storage facilities.
486. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
4P. Studios - art, photography, music, voice and dance.
504g. Taverns, nightclubs.
5149. Telephone exchanges.
520. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
53.1 -. Warehouse storage and/or wholesale distribution facilities.
542. 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 of the Tukwila Comprehensive Plan.
18.24.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5. Parking areas.
24
• 6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.24.040 Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to
the requirements, procedures, and conditions established by TMC Chapter 18.64,
Conditional Use Permits.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Internet data/telecommunication centers.
12. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
13. Park- and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 11. TMC Chapter 18.26, Regional Commercial Mixed Use District is amended
as follows:
18.26. 020 Penn itted Uses
The following uses are permitted outright within the Regional Commercial Mixed
Use District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
25 69
70
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. 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.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package foods, including but not
limited to baked goods, beverages, candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods, and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Dwelling - Multi - family units above office and retail uses.
18. Extended -stay hotel/motel
19g. Financial:
a. banking;
b. mortgage;
c. other services.
204-9. Fix -it, radio or television repair shops /rental shops.
219. Fraternal organizations.
22.1 -. Frozen food lockers for individual or family use.
232. Greenhouses or nurseries (commercial).
243-. Hotels.
254. Industries involved with etching, film processing, lithography, printing, and
publishing.
265-. Laundries:
26
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
276. Libraries, museums or art galleries (public).
2P. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
298. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
3029. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
310. Medical and dental laboratories.
321-. Mortician and funeral homes.
332. Motels.
343. 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.
354. Outpatient, inpatient, and emergency medical and dental.
365. Parks, trails, picnic areas and playgrounds public) but not including
amusement parks, golf courses, or commercial recreation.
376. Planned shopping center (mall).
387. Plumbing shops (no tin work or outside storage).
39g. Recreation facilities (commercial - indoor), athletic or health clubs.
403-9. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
41. Religious facility with an assembly area less than 750 square feet.
420. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
43-1-. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
442. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
453. 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 sporting goods, and similar items.
464. Schools and studios for education or self - improvement.
27
71
72
475. Self - storage facilities.
486. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
497. Studios - art, photography, music, voice and dance.
5048. Taverns, nightclubs.
5141. Telephone exchanges.
520. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
53-1. Warehouse storage and/or wholesale distribution facilities.
542. 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;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.26.030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
District.
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe
passenger loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.26.040 Conditional Uses
The following uses may be allowed within the Regional Commercial Mixed -Use District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1. Amusement parks.
28
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums or similar institutions.
11. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand- forging.
12. Park - and -ride lots.
13. Pawnbrokers.
14. Radio, television, microwave, or observation stations and towers.
15. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
16. Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 12. TMC Chapter 18.28, Tukwila Urban Center District is amended as follows:
18.28.020Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used
parts allowed.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking, provided it is:
29
73
74
a. located within a structure having 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 behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Extended -stay hotel/motel
187. Financial:
a. banking;
b. mortgage;
c. other services.
198. Fix -it, radio or television repair shops/ rental shops.
2041. Fraternal organizations.
210. Frozen food lockers for individual or family use.
221. Greenhouses or nurseries (commercial).
232. Heavy equipment repair and salvage.
243. Hotels.
254. Industries involved with etching, film processing, lithography, printing, and
publishing.
266. Internet data/telecommunication centers
276. Laundries;
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
2P. Libraries, museums or art galleries (public).
298. Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering).
3021. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
310. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
324. Manufacturing, processing, assembling, packaging . and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
332. Medical and dental laboratories.
348. Mortician and funeral homes.
354. Motels.
366. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
30
g. commercial.
376. Outpatient, inpatient, and emergency medical and dental.
38 .7. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
398. Pawnbrokers
403-9. Planned shopping center (mall).
418. Plumbing shops (no tin work or outside storage).
42-1 -. Railroad tracks (including lead, spur, loading or storage).
432. Recreation facilities (commercial - indoor) athletic or health clubs.
443. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
45. Religious facility with an assembly area less than 750 square feet.
464. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
476. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
486. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
497. 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 sporting goods, and similar items.
5043. Schools and studios for education or self improvement.
5149. Self- storage facilities.
529. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
53-1-. Studios - art, photography, music, voice and dance.
542. Taverns, nightclubs.
553. Telephone exchanges.
564. Theaters, excluding "adult entertainment establishments ", as defined by this
575. Warehouse storage and/or wholesale distribution facilities.
586. Other uses not specifically listed in this Title, which the Director determines
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.
(Ord. 2084 §2(part), 2005
Code.
to be:
18.28.030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center District.
31 75
76 I
1. Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4. Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Bed - and - Breakfast lodging; 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. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi - family units (max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use 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 Minider Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
9. Transit - oriented development housing (which is allowed to 65 units /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.
10. Drive -in theaters.
11. Electrical substations - distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
32
14. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
15. Park and ride lots.
16. Radio, television, microwave, or observation stations and towers.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private
schools.
Section 13. TMC Chapter 18.30, Commercial Light Industrial District is amended as
follows:
18.30.020Pennitted Uses
The following uses are permitted outright within the Commercial Light Industrial
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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
(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 18.30.020.1.a shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to
an arterial 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.
facilities;
33
77
78 I
4. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having 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 behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Day care centers.
18. Extended -stay hotel /motel
189. Financial:
a. banking;
b. mortgage;
c. other services.
204-9. Fix -it, radio or television repair shops/ rental shops.
210. Fraternal organizations.
224-. Frozen food lockers for individual or family use.
232. Greenhouses or nurseries (commercial).
243. Heavy equipment repair and salvage.
254. Hotels.
265. Industries involved with etching, film processing, lithography, printing, and
publishing.
276. Internet data/telecommunication centers
2P. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
298. Libraries, museums or art galleries (public).
3029. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
34
310. Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering).
32�. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
332. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
343. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
354. Medical and dental laboratories.
366. Mortician and funeral homes.
367. Motels.
378. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police
d. stations;
e. professional;
f. administrative;
g. business, such as travel, real estate;
h. commercial.
389. Outpatient, inpatient, and emergency medical and dental.
403-9. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
410. Pawnbrokers.
42.1 -. Planned shopping center (mall).
432. Plumbing shops (no tin work or outside storage).
443. Railroad tracks, (including lead, spur, loading or storage).
445. Recreation facilities (commercial indoor) - athletic or health clubs.
466. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
47. Religious facility with an assembly area less than 750 square feet.
486. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
497. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
504g. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
5149. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
35
79
520. 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 sporting goods, and similar items.
53.1-. 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.
542. Salvage and wrecking operations that are entirely enclosed within a
building.
553. Schools and studios for education or self improvement.
564. Self- storage facilities.
576. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
586. Studios - art, photography, music, voice and dance.
597. Taverns, nightclubs.
6058. Telephone exchanges.
6159. Theaters, excluding "adult entertainment establishments ", as defined by
this Code.
620. Tow truck operations, subject to all additional State and local regulations.
634. Truck terminals.
642. Warehouse storage and/or wholesale distribution facilities.
653. Other uses not specifically listed in this Title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
to be:
18.30.030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Commercial Light Industrial
District.
1. Cargo container; two may be allowed per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
6. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
8 0 I 36
18.30.040 Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurchea
and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations - distribution.
9. Fire and police stations.
10. Hospitals, sanitariums, or similar institutions.
11. Manufacturing, processing and/or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtering).
12. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication; steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
14. Park - and -ride lots.
15. Radio, television, microwave, or observation stations and towers.
16. Recreation facilities (commercial - outdoor), including golf courses, . golf
driving ranges, fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 14. TMC Chapter 18.32, Light Industrial District is amended as follows:
18.32.020Permitted Uses
The following uses are permitted outright within the Light Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
37
81
82
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 18.32.020.1.a. shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment;
2. 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.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and
Loading Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel
176. Financial:
a. banking;
b. mortgage;
38
c. other services.
187. Fix -it, radio or television repair shops/ rental shops.
198. Fraternal organizations.
204-9. Frozen food lockers for individual or family use.
210. Greenhouses or nurseries (commercial).
22.1 -. Heavy equipment repair and salvage.
232. Hotels.
248. Industries involved with etching, film processing, lithography, printing, and
publishing.
254. Internet data/telecommunication centers.
265. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
276. Libraries, museums or art galleries (public).
2P. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
298. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
3029. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
310. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
32-1 -. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tiles, and woods.
332. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
342. Medical and dental laboratories.
354. Mortician and funeral homes.
366. Motels.
376. 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.
382. Outpatient, inpatient, and emergency medical and dental.
39
83
84
398. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
403-9. Pawnbrokers.
410. Planned shopping center (Mall).
42-1-. Plumbing shops (no tin work or outside storage).
432. Railroad tracks (including lead, spur, loading or storage).
443. Recreation facilities (commercial - indoor) - athletic or health clubs.
454. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
46. Religious facility with an assembly area less than 750 square feet.
476. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
486. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
497. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
5048. 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 sporting goods, and similar items.
5149. Retail sales of furniture, appliances, and automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
520 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.
534-. Salvage and wrecking operations that are entirely enclosed within a
building.
542. Schools and studios for education or self improvement.
553. Self - storage facilities.
564. Storage (outdoors) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
575. Taverns, nightclubs.
586. Telephone exchanges.
597. Theaters, excluding "adult entertainment establishments ", as defined by this
Code.
6058. Tow truck operations, subject to all additional State and local regulations.
6153. Truck terminals.
620. Warehouse storage and/or wholesale distribution facilities.
634-. 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
40
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.32.030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Light Industrial District, as follows:
1. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.32.040 Conditional Uses
The following uses may be allowed within the Light Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hospitals, sanitariums, or similar institutions.
10. Manufacturing, processing and/or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtering).
11. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication; steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
12. Park - and -ride lots.
13. Radio, television, microwave, or observation stations and towers.
14. Recreation facilities (commercial - outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
15. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
41
85
16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 15. TMC Chapter 18.34, Heavy Industrial District is amended as follows:
18.34.020 Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 18.34.020.1.a. shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment;
2. 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.
3. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
8 6 1 42
11. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and
Loading Regulations."
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Day care centers.
16. Extended -stay hotel /motel
176. Financial:
a. banking;
b. mortgage;
c. other services.
18 -7. Fix -it, radio or television repair shops /rental shops.
198. Fratemal organizations.
20 -1-9. Frozen food lockers for individual or family use.
210. Greenhouses or nurseries (commercial).
224-. Heavy equipment repair and salvage.
232. Hotels.
243. Industries involved with etching, film processing, lithography, printing, and
publishing.
254. Internet data/telecommunication centers.
266. Laundries:
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
276. Libraries, museums or art galleries (public).
287. Manufacturing, processing and/or assembling chemicals, light metals,
plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural
products or animal products (no rendering or slaughtering).
298. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
3029. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication; steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
310. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
324_. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
332. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
343-. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
43
87
354. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
366. Medical and dental laboratories.
376. Mortician and funeral homes.
3P. Motels.
389. 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.
403-9. Outpatient, inpatient, and emergency medical and dental.
410. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
42 -L Pawnbrokers.
432: Planned shopping center (mall).
443. Plumbing shops (no tin work or outside storage).
454. Railroad tracks, (including lead, spur, loading or storage).
465. Recreation facilities (commercial - indoor), athletic or health clubs.
47. Religious facility with an assembly area less than 750 square feet.
486. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
497. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
5048. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
5149. 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 sporting goods, and similar items.
520. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
534. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
542. 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.
553. Salvage and wrecking operations.
564. Schools and studios for education or self - improvement.
576. Self- storage facilities.
8 8 1 44
586. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
597. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
605. Taverns, nightclubs.
613. Telephone exchanges.
620. Theaters, excluding "adult entertainment establishments ", as defined by this
634. Tow truck operations, subject to all additional State and local regulations.
642. Truck terminals.
653. Warehouse storage and/or wholesale distribution facilities.
664. Other uses not specifically listed in this title, which the Director determines
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.
Code.
to be:
18.34.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Heavy Industrial District, as follows:
1. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
2. Parking areas.
3. Recreational area and facilities for employees.
4. Residences for security or maintenance personnel.
5. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.34.040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
45
89
90
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations - distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals, sanitariums, or similar institutions.
11. Park -and -ride lots.
12. Radio, television, microwave, or observation stations and towers.
13. Recreation facilities (commercial - outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
Section 16. TMC Chapter 18.36, Manufacturing Industrial Center/Light District is
amended as follows:
18.36.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial
Center /Light Industrial District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 18.36.020.1.a. shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Automotive services:
46
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building);
3. Beauty or barber shops;
4. Bicycle repair shops;
5. Brew pubs.
6. Bus stations;
7. Commercial laundries;
8. Contractors storage yards;
9. Day care centers;
10. Extended -stay hotel/motel
110. Heavy equipment repair and salvage;
124. Hotels;
132. Industries involved with etching, film processing, lithography, printing, and
publishing;
143-. Internet data/telecommunication centers.
145. Laundries:
a. self - serve;
b. dry cleaning;
c. tailor, dyeing;
165. Libraries, museums or art galleries (public);
176. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment;
187. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging;
198. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted);
204-9. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs;
210. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood;
22-1-. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment;
232. Motels;
243. Offices including but not limited to software development and similar uses,
financial services, schools and studios for education or self - improvement less than 20,000
square feet.
254. Outpatient, inpatient, and emergency medical and dental;
265. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
47
91
92
276. Railroad tracks, (including lead, spur, loading or storage);
2P. Recreation facilities (commercial - indoor) - athletic or health clubs;
298. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
3029. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
310. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant;
321. 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;
332. Salvage and wrecking operations which are entirely enclosed within a
building;
34.. Self- storage facilities.
354. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required;
366. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title;
376. Taverns, nightclubs;
387-. Telephone exchanges;
398. Tow truck operations, subject to all additional State and local regulations;
4039. Truck terminals;
410. Warehouse storage and/or wholesale distribution facilities.
424. Other uses not specifically listed in this Title, which the Director determines
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.
to be:
18.36.030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center/Light
Industrial District, as follows:
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
48
6. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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 17. TMC Chapter 18.38, Manufacturing Industrial Center/ Heavy District is
amended as follows:
18.38.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center -
Heavy Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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
(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 18.38.020.1.a. shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
facilities;
49
93
94
7. Computer software development and similar uses.
8. Contractor storage yards.
9. Day care centers.
10. Extended -stay hotel /motel
110. Financial:
a. banking;
b. mortgage;
c. other services.
124. Heavy equipment repair and salvage.
132. Heavy metal processes such as smelting, blast furnaces, drop forging, or
drop hammering.
143. Hotels.
154. Industries involved with etching, film processing, lithography, printing, and
publishing.
16. Internet data/telecommunication centers.
176. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
187. Libraries, museums or art galleries (public).
198. Manufacturing, processing and/or assembling chemicals, light metals,
plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural
products or animal products (no rendering or slaughtering).
209. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication; steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
210. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
22-1-. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
232. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
243. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
254. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
265. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
276. Motels.
50
2P. Offices; must be associated with another permitted uses (e.g., administrative
offices for a manufacturing company present within the MIC).
298. Outpatient, inpatient, and emergency medical and dental.
3029. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
310. Railroad tracks, (including lead, spur, loading or storage).
324-. Recreation facilities (commercial - indoor), athletic or health clubs.
332. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
343. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
354. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
366. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
376. 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.
3P. Salvage and wrecking operations.
398. Schools and studios for education or self - improvement.
4039. Self - storage facilities.
410. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
42-1. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
432. Taverns, nightclubs.
443. Telephone exchanges.
454. Tow truck operations, subject to all additional State and local regulations.
465. Truck terminals.
476. Warehouse storage and/or wholesale distribution facilities.
487. Other uses not specifically listed in this title, which the Director determines
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.
to be:
18.38.030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center/Heavy
Industrial District, as follows:
51
95
96
1. Billiard or pool rooms.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as universities, colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
6. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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 18. TMC Chapter 18.40, Tukwila Valley South District is amended as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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
(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 18.40.020.1.a. shall be measured by
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
facilities;
52
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. washing;
c. body and engine repair shops (enclosed within a building).
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and
Loading 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. Dwelling - One detached single - family unit per existing lot (includes factory
built or modular home that meets UBC).
19. Extended -stay hotel/motel
2019. Farming and farm- related activities.
210. Financial:
a. banking;
b. mortgage;
c. other services.
224. Fix -it, radio or television repair shops/ rental shops.
232. Fraternal organizations.
243. Frozen food lockers for individual or family use.
254. Greenhouses or nurseries (commercial).
265. Heavy equipment repair and salvage.
276. Hotels.
28 -7. Industries involved with etching, film processing, lithography, printing, and
publishing.
29g. Internet data/telecommunication centers.
3029. Laundries:
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
310. Libraries, museums or art galleries (public).
324. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
53
97
98
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
332. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
343. Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
354. Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
366. Medical and dental laboratories.
376. Mortician and funeral homes.
3P. Motels.
398. 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.
4039. Outpatient, inpatient, and emergency medical and dental.
410. Pawnbrokers.
424-. Planned shopping center (mall).
432. Plumbing shops (no tin work or outside storage).
443. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
454. Railroad tracks, (including lead, spur, loading or storage).
466. Recreation facilities (commercial - indoor), athletic or health clubs.
476. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
48. Religious facility with an assembly area of less than 750 square feet.
497. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
5048. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
5149. Research and development facilities
520. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
534. 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 sporting goods, and similar items.
542. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
54
553. 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.
564. Salvage and wrecking operations that are entirely enclosed within a
building.
575. Schools and studios for education or self - improvement.
586. Self - storage facilities.
597. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
6058. Studios - art, photography, music, voice and dance.
6159. Taverns, nightclubs.
629. Telephone exchanges.
631. Theaters, excluding "adult entertainment establishments ", as defined by this
642. Tow truck operations, subject to all additional State and local regulations.
653. Truck terminals.
664. Warehouse storage and/or wholesale distribution facilities.
676. Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Code.
to be:
18.40.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila Valley South District, as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4. Home occupations.
55
99
100
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8. Other uses that are not specifically listed in this Title which the Director
determines to be:
a. uses that are customarily accessory to 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.
18.40.040 Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feetChurches
and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Dwelling - Multi - family units (Max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use 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 Minlder Pond.
9. Electrical substations -- distribution.
10. Fire and police stations.
11. Hospitals, sanitariums, or similar institutions.
12. Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
13. Manufacturing, processing and/or assembling chemicals, light metals, plastics,
solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtering).
14. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication; steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
15. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand - forging.
16. Park and ride lots.
17. Radio, television, microwave, or observation stations and towers.
56
18. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
19. Recreation facilities (commercial - outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
21. Salvage and wrecking operations.
22. Schools, preschool, elementary, junior or high schools (public), and
equivalent private schools.
23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
Section 19. TMC Chapter 18.41, Tukwila South Overlay District is amended as follows:
18.41.020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1.Adult day care.
2. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCC, RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula 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 18.41.020.2.a. shall be measured by
57
101
102
following 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 within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
3. Amusement parks.
4. 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.
5. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
6. Beauty or barber shops.
7. Bed and breakfast lodging.
8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenters shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Day care centers.
58
19. Dwelling (allowed after residential design manual with criteria for approval is
adopted by ordinance):
a. one detached single - family unit per lot;
b. multi- family;
c. multi - family units above office and retail space;
d. senior citizen housing.
20. Electrical substation and distribution.
21. Extended -stay hotel/motel
22 -. Farming and farm- related activities.
232. Financial:
a. banking;
b. mortgage;
c. other services.
243. Fire and police stations.
254. Fix -it, radio or television repair shops/ rental shops.
266. Fraternal organizations.
276. Frozen food lockers for individual or family use.
2P. Greenhouses or nurseries (commercial).
298. Hospitals, sanitariums and similar uses.
302. Hotels.
310. Industries involved with etching, film processing, lithography, printing, and
publishing.
32--. Internet datal telecommunication centers.
332. Laundries:
a. self - serve;
b. dry cleaning;
c. tailor, dyeing.
d. commercial.
1 343.. Libraries, museums or art galleries (public).
1 354. Manufacturing, processing and/ or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
1 365. Manufacturing, processing and/ or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
59
103
104
1 376. Manufacturing, processing, and/ or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur,
furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
138'. Manufacturing, processing, assembling, packaging and/ or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
398. Medical and dental laboratories.
4039. Motels.
410. Movie theaters with three or fewer screens.
42-1-. Neighborhood stormwater detention and treatment facilities.
432. 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.
443. Outpatient, inpatient, and emergency medical and dental.
454. Pawnbrokers.
466. Planned shopping center (mall) up to 500,000 square feet.
476. Plumbing shops (no tin work or outside storage).
487. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
498. Private stable.
5049. Recreation facilities (commercial- indoor), athletic or health clubs.
510. Recreation facilities (commercial - indoor), including bowling alleys, skating
rinks, shooting ranges.
52. Religious facility with an assembly area of less than 750 square feet.
53.1. Rental of vehicles not requiring a commercial driver's license (including
60
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
542. Rental of commercial trucks and fleet rentals requiring a commercial driver's
license.
553. Research and development facilities.
564. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
576. 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 sporting goods, and similar items.
586. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber/building materials, lawn and garden supplies, farm supplies.
597. 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.
6058. Schools and studios for education or self - improvement.
615}. Self - storage facilities.
620. Sewage lift stations.
63 -1. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter, and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
642. Studios - art, photography, music, voice and dance.
653. Taverns, nightclubs.
664. Telephone exchanges.
676. Theaters for live performances only, not including adult entertainment
establishments.
686. Tow truck operations, subject to all additional State and local regulations.
61
105
1 697. Water pump station.
1 7068. Vehicle storage (no customers onsite, does not include park- and -fly
operations).
7169. 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 of the Tukwila Comprehensive Plan.
18.41.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila South Overlay district
as follows:
1. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at
least 50% of the property;
d. dwelling unit is incorporated into the primary detached single - family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum offour spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3. Family child care home, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide
106 I 62
a safe passenger loading zone.
4. Home occupations.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
8.Other uses not specifically listed in this title, which the Director determines to be:
a. uses that are customarily accessory to other uses permitted outright within this
district
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.41.040 Conditional Uses
The following uses may be allowed within the Tukwila South Overlay district,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title and subject to a determination that the use is consistent
with and furthers the vision and principles established by the Tukwila South Master
Plan.
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feetChurches and
community center buildings.
3. Helipads, accessory.
4. Utilities, regional.
5. Mortician and funeral homes.
6. Park - and -ride lots.
7. Radios, television, microwave, cellular or observation stations and towers.
8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
9. Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front
yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet;
security required.
11. Other uses not specifically listed in this title, which the Director determines to
63
107
108 I
be:
a. similar in nature to and compatible with other conditional uses permitted
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 20. TMC Chapter 18.50, Supplemental Development Regulations is amended as
follows:
TMC 18.50.200 Peer review of technical studies
The Department of Community Development will review all technical information
submitted as part of any application to verify that it meets all the requirements of Tukwila
Municipal Code. At the discretion of the Director, anv technical studies required as part
of the application including but not limited to noise reports, lighting plans, and parking
demand studies, may undergo peer review at the expense of the applicant.
Section 21. TMC Chapter 18.52, Landscape, Recreation, Recycling/Solid Waste Space
Requirements is amended as follows:
18.52.020Perimeter Landscaping Requirements by Zone District
A. In the various zone districts of the City, landscaping in the front, rear and side yards
shall be provided as established by the various zone district chapters of this title. These
requirements are summarized in the following table.
64
ZONING
DISTRICTS
FRONT
YARD
(SECOND
FRONT)
LANDSCAPE
TYPE FOR
FRONTS
SIDE
YARD
REAR
YARD
LANDSCAPE
TYPE FOR
SIDE/REAR
LDR(for uses
152
Type I
10
10
Type I
other than
dwelling units)
MDR
15 1 2
TypeI
10
10
Type I
HDR
15 1 2
TypeI
10
10
Type I
MUO
15 (12.5)2
Type 6
5 3
5 3
Type 6
O
15(12.5)2
Type I6
53
53
Type l6
RCC
20
11 m.2,3
TypeI 6
5 3
10
Type II
NCC
534
Type l6
p3
p3
Type II
RC
10
Type
5 3
0 3
Type II 7
RCM
10
Type I
5 3
0 3
TVpe II 7
TUC
15 23
Type 15
0 3
0 3
Type II 7
C/LI
12.5 45
Tvpe I 5
5 4
0 4
Tyne II 7
LI
12.52
Type II
03
03
Type III
HI
12.52
Type II
03
03
Type III
MIC/L
5 45
Type II
0 4
0 4
Type III
MIC/H
5 45
Type II
0 4
0 4
Type III
TVS
1523
Type II
03
03
Type III
TSO
158/
TypeI
09
09
Type III
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones may
have up to 20% of their required landscape area developed for pedestrian and transit
facilities upon approval as a Type 2 special permission decision.
2. In order to provide flexibility of the site design while still providing the full amount of
landscaping required by code, the front yard landscape width may be divided into a
perimeter strip and one or more other landscape areas between the building and the
front property line, if the perimeter strip is a minimum of ten feet and the landscape
materials are sufficient to provide landscaping along the perimeter and screening of
the building mass
23 Required landscaping may include a mix of plant materials, pedestrian amenities and
features, outdoor cafe -type seating and similar features, subject to approval as a
65
109
Type 2 special permission decision. Required plant materials will be reduced in
proportion to the amount of perimeter area devoted to pedestrian oriented space.
84 Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
45 Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
56 Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
67 Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
78 Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
89. Only required along public streets.
910. Increased to 10 feet if adjacent to residential uses or non -TSO zoning.
B. The landscape perimeter may be averaged if the total required square footage is
achieved, unless the landscaping requirement has been increased due to proximity to
LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special
permission decision if all of the following criteria are met:
1. Plant material can be clustered to more effectively screen parking areas and
blank building walls.
2. Perimeter averaging enables significant trees or existing built features to be
retained.
3. Perimeter averaging is used to reduce the number of driveways and curb cuts
and allow joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities
on the site become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
18.52.035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below.
1. Requirements for each distinctly separate parking area within the LDR zone
for uses other than dwelling units; and in the MDR and HDR zones:
a. For areas with up to 20 parking stalls per parking area, no interior
landscaping is required.
b. For areas with 21 - 40 parking stalls per parking area, 7 square feet of
interior landscape area is required for each parking stall.
c. For areas with more than 40 parking stalls per parking area, 12 square
feet of interior landscape area is required for each parking stall (see Multi- Family Design
Guidelines, Site Planning Section, No. 31 for the normal 15 square feet to be provided).
d. All parking areas shall have a perimeter landscape strip a minimum of 2
feet wide with an average width of 5 feet.
2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones:
a. For lots with up to 20 parking stalls, no interior landscaping is required.
b. For lots with 21 - 40 parking stalls, a minimum of 10 square feet of
interior landscape area is required for each parking stall over 20.
c. For lots with more than 40 parking stalls, a minimum of 200 square feet
of interior landscape area plus 15 square feet for each parking stall over 40 is required.
For areas placed behind buildings or otherwise screened from streets, parks and City
110 I 66
trails the interior landscape requirement is reduced to a minimum of 200 square feet plus
10 square feet for each parking stall over 40.
3. Requirements for parking lots within the RC, RCM, TUC, C/LI and TVS
zones:
a. For areas adjacent to public or private streets, a minimum of 15 square
feet of landscaping is required for each parking stall.
b. For areas placed behind buildings or otherwise screened from streets,
parks and City trails a minimum of 10 square feet of interior landscape area is required
for each parking stall.
4. Planting Standards:
a. Interior landscape islands shall be distributed to break up expanses of
paving. Landscaped areas shall be placed at the ends of each interior row in the parking
area with no stall more than 10 stalls or 100 feet from a landscape area.
b. The minimum size for interior parking lot planting islands is 100 square
c. Planting islands shall be a minimum of 6 feet in any direction and
generally the length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to
prevent plant material from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous tree is required per landscape
island with the remaining area to contain a combination of shrubs, living groundcover
and mulch.
feet.
18.52.030 Perimeter Landscape Types
A. Type I landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between
uses and zoning districts, screen parking areas, and allow views to building
entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted
berm at least 24 inches high; and -
c. Living groundcover to cover 90% of the landscape area within three years.
B. Type II landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and parking areas, and
allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and
b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; and
c. Living groundcover to cover 90% of the landscape area within three years.
C. Type III landscape perimeter.
1. Purpose is to provide extensive visual separation between industrial areas and nearby
residential areas.
2. Plant materials shall consist of the following:
a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and
67
111
112
b. Shrubs to provide a solid planting screen with a height of five to eight feet or a solid
wooden fence or masonry wall to be approved by the Community Development Director;
and
c. Living groundcover to cover 90% of the landscape area within three years.
D. Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American Nursery
and Landscape Association — ANLA), and shall be healthy, vigorous, and well - formed,
with well developed, fibrous root systems, free from dead branches or roots. Plants shall
be free from damage caused by temperature extremes, lack or excess of moisture, insects,
disease, and mechanical injury. Plants in leaf shall be well foliated and of good color.
Plants shall be habituated to outdoor environmental conditions (hardened -off).
42. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
23. Deciduous trees shall be used to allow visual access to entryways, signage and
pedestrian use areas.
.4. Evergreen shrubs shall be used to screen parking lots along street frontages.
45. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be
evergreen.
56. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
67. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined
according to the American Standard for Nursery Stock.
78. Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current King County Noxious Weed list may be used.
108. Existing vegetation may be used to meet the requirements of this chapter. All
significant trees located within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a safety hazard as determined by the
Community Development Director shall be retained.
119. The classification of plant material as trees, shrubs and evergreens shall be as listed
in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada.
18.52.040 General Landscape and Screening Requirements
A. Appropriate plant materials. New plant materials shall include native species or non-
native species that have adapted to the climatic conditions of the Puget
Sound Region and are suited to the planting site, taking into account final plant size,
stresses such as heat or freezing, space for planting, overhead lines or underground
utilities present and shade or sun exposure. Drought resistant species are encouraged,
except where site conditions within the required landscape areas assure adequate
moisture for growth. Grass may be used as a groundcover where existing or
amended soil conditions assure adequate moisture for growth. Landscape perimeter trees
should be selected for compatibility with existing plant material or street trees.
B. Site preparation. Site preparation and planting of vegetation shall be in accordance
with best management practices for ensuring the vegetation's long -term health and
68
survival and shall include: incorporation and tilling in of organic material to a depth of
18 inches and mulching.
CB. Coverage standards. All landscaped areas in the MDR and HDR zones (including
shrub beds) shall achieve 90% live ground coverage in three years and all
areas not occupied by a building (including surface parking areas) shall achieve 40%
horizontal tree coverage in ten years.
G. Visibility. The landscaping shall not obstruct view from or into the driveway,
sidewalk or street. Landscape design shall allow for surveillance from streets and
buildings and avoid creating areas that might harbor criminal activity. No shrubs shall be
planted or allowed to grow over two feet in height within thirty feet of intersecting
curblines or pavement edges (see TMC 11.20.090). No tree may be planted within two
feetofa
sidewalk or pavement edge.
ED. Outside storage areas. Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall be a minimum of eight
feet high and not less than 60% of the height of the material stored. Said screens shall be
specified on the plot plan and approved by the Community Development Director.
Except in the MDR and HDR zones, where outdoor storage shall be fully screened
from all public roadways and adjacent parcels with a sight obscuring structure equal in
height to the stored objects and with a solid screen of exterior landscaping. A top
screen cover may be exempted if the item(s) has a finished top and an equivalent design
quality is maintained. The screening structure shall reflect building architecture as
determined by the BAR to be appropriate.
FE. Ground level mechanical equipment and garbage storage areas shall be screened with
evergreen plant materials and/or fences or masonry walls.
GE. Fences. All fences shall be placed on the interior side of any required perimeter
landscaping.
HG. Lighting. Trees shall not be planted in locations where they would obstruct existing
or planned street or site lighting.
141. Automatic irrigation. All landscape areas shall be served by an automatic irrigation
system. Water conservation features such as moisture sensors with automatic rain shut-
off devices, automatic timers, pressure regulating devices, backflow prevention devices,
separate irrigation zones for grass and planting beds, and sprinkler heads matched to site
and plant conditions shall be installed. Irrigation water shall be applied with goals of
avoiding runoff and overspray onto adjacent property, non irrigated areas and impervious
surfaces.
U. Utility easements. Utility easements and other similar areas between property lines
and curbing shall be landscaped and/or treated with dust and erosion control planting or
surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar
materials. In areas of overhead transmission lines, no shrubs or trees over 20 feet at
maturity will be allowed. Trees should not be planted within 10 feet of underground
water, sewer or storm drainage pipes.
18.52.050 Landscape Plan Requirements
69
113
114
A. A Washington State licensed landscape architect shall prepare and stamp the
landscape plans in accordance with the standards herein. Detailed plans for landscaping
and screening shall be submitted with plans for building and site improvements. Included
in the plans shall be type, quantity, spacing and location of plants and materials, site
preparation and specifications for soils and mulches, location of all overhead and
underground utilities (so as to avoid conflicts with proposed planting locations), typical
planting details and the location of irrigation systems.
B. Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the
certificate of occupancy. If necessary due to weather conditions or construction
scheduling the installation may be postponed to the next planting season if approved by
the Community Development Director and stated on the building permit. A performance
assurance device equal to 150% of the cost of the labor and materials must be
provided to the City before the deferral is approved. The property owner shall keep all
planting areas free of weeds and trash and replace any unhealthy or dead plant
materials for the life of the project in conformance with the intent of the approved
landscape plan and TMC 8.28.180.
Section 22. TMC Chapter 18.56, Offstreet Parking and Loading Regulations is amended
as follows:
18.56.040 General Requirements
Any required off - street parking and loading facilities shall be developed in accordance
with the following standards:
1. Location. Any on- premises parking area which contains parking stalls located
more than 1,000 feet from the principal use shall require Board of Architectural Review
approval for the entire parking lot.
2. Minimum parking area dimensions for surface and structured parking
facilities shall be as provided in Figure 18 -6. Standard and compact parking stall shall be
allowed a two foot landscaping overhang to count towards the stall length.
3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where
one car is parked directly behind another) will be allowed for each three bedroom and 1/3
of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem
and all tandem parking spaces will be designed for full size rather than compact size
vehicles based on the dimensions in Figure 18 -6.
4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off -
street parking spaces shall not exceed 5 %. The slope of entrance and exit driveways
providing access for off -street parking areas and internal driveway aisles without parking
stalls shall not exceed 15 %.
5. Driveways and maneuverability.
a. Adequate ingress to and egress from each parking space shall be provided
without moving another vehicle and without backing more than 50 feet.
b. Turning and maneuvering space shall be located entirely on private
property unless specifically approved by the Public Works Director and the Board of
Architectural Review.
70
c. All parking spaces shall be internally accessible to one another without
reentering adjoining public streets.
d. When off -street parking is provided in the rear of a building and a
driveway or lane alongside the building provides access to rear parking area, such
driveway shall require a minimum width of twelve feet and a sidewalk of at least a three -
foot section, adjoining the building, curbed or raised six inches above the driveway
surface.
e. Ingress and egress to any off -street parking lot shall not be located closer
than 20 feet from point of tangent to an intersection.
f. The Public Works Director or Planning Commission may require ingress
separate from an egress for smoother and safer flow of traffic.
6. The Director may require areas not designed or approved for parking to be
appropriately marked and/or signed to prevent parking.
7. Surface.
a. The surface of any required off -street parking or loading facility shall be
paved with asphalt, concrete or other similar approved material (s) and shall be graded
and drained as to dispose of all surface water, but not across sidewalks.
b. All traffic - control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car
stalls and direction of traffic.
d. Where pedestrian walks are used in parking lots for the use of foot traffic
only, they shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will
not protrude into the public right -of -way, walkways, off the parking lot or strike
buildings. Wheel stops shall be two feet from the end of the stall of head -in parking.
8. Parallel parking stalls shall be designed so that doors of vehicles do not open
onto the public right -of -way.
9. Obstructions. No obstruction which would restrict car door opening shall be
permitted within five feet of the centerline of a parking space.
10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11. Curb -cuts. All parking areas shall have specific entrance and/or exit areas to
the street. The width of access roads and curb -cuts shall be determined by the Public
Works Director. The edge of the curb -cut or access road shall be as required by the
Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single -
family districts shall be limited to a maximum of 20 feet in width and the location shall
be approved by the Public Works Director.
12. Parking stalls shall not be used for permanent or semi - permanent parking or
storage of trucks or materials.
•
3 f ` `Ei "n €1 `' €fi E ' l iY '3.• Gem :7E 2tCd.
F' Autonl∎ oi)iics and ^= icvcc <s
riguiV iv -i — .v -'4 a.
Use
l� n
Automobile Standard
Bicycle Standard
Single - family and multi-
2 for each dwelling unit that
For multi - family, 1 space
71
115
116
family
dwellings
contains up to 3 bedrooms.
1 additional space for
every 2 bedrooms in excess
of 3 bedrooms in a dwelling
unit. Additional
parking may be required for
home occupations and
accessory dwelling units
as otherwise proved by this
title.
per 10
parking stalls, with a
minimum of 2 spaces. No
requirement for single
family.
Senior Citizen Housing
For 15 units or less, 1 space
per dwelling unit. For
dwellings with more than
15
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Religious
1 for each 4 fixed seats
1 space per 50 parking
stalls, with a minimum of 2
spaces.
facilitiesChurchea,
mortuaries and funeral
homes
Colleges, Universities,
Vocational
Schools and other post-
secondary
educational institutions
Shall be determined by
Planning Commission,
based on an evaluation of
information concerning
traffic generated by
proposed use.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Convalescent/nursing /rest
homes
1 for every 4 beds with a
minimum of 10 stalls
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Food stores and markets
1 for each 300 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
High schools
1 for each staff member
plus 2 for every 5 students
or visitors
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Hospitals
1 for each bed
1 space per 50 parking
stalls, with a minimum of 2
spaces.
72
73
117
Hotels, and motels and
1 for each room, plus one
employee space for each 20
rooms, rounded to the
next highest figure
1 space per 50 parking
stalls, with a minimum of 2
spaces.
extended stay
Manufacturing
1 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Office, commercial and
professional buildings,
banks,
dental and medical clinics
3.0 for each 1,000 square
feet of usable floor area
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Outdoor sports areas Of
parks
Shall be determined by
Planning Commission
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Places of public assembly,
including auditoriums,
exhibition
halls, community clubs,
community
centers, and private clubs
The Director shall
determine the number of
required parking spaces,
with a
minimum of 1 space for
every 100 square -feet of
assembly area. To ensure
parking adequacy for each
proposal, the Director may
consider the following:
a. A parking study or
documentation paid for by
the applicant and
administered by the City
regarding the actual parking
demand for the
proposed use, or
b. Evidence in available
planning and technical
studies relating to the
proposed use.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
Post offices
3 for each 1,000 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Public facilities, including
libraries,
Shall be determined by the
Planning Commission
1 space per 50 parking
stalls, with a minimum of 2
73
117
118 1
police and fire stations
spaces.
Restaurant
1 for each 100 square feet
of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Restaurant, Fast food
1 for each 50 square feet of
usable floor area. Fifty
percent of any outdoor
seating area will be added
to the usable floor area for
parking requirement
calculations.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Retail Sales, Bulk
2.5 for each 1,000 square
feet of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Retail sales, General
4 for each 1,000 square feet
of usable floor area if
located within the TUC or
TVS zoning districts; 2.5
for each 1,000 square feet
of usable floor area if
located in any other zoning
district.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Schools, Elementary &
Junior High
1.5 for each staff member
1 space per classroom
Shopping center (mall), planned, per usable floor area size, as listed below
500,000 sq. ft. or larger
5 for every 1,000 sq. ft.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
25,000 — 499,999 sq. ft.
4 for every 1,000 sq. ft.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Taverns
1 for every 4 persons based
on occupancy load.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Theaters
1 for every 4 fixed seats. If
seats are not fixed, 1 per 3
seats, with
concurrence of Fire Chief,
1 space per 100 seats, with
a
minimum of 2 spaces.
74
Section 23. TMC Chapter 18.60, Board of Architectural Review is amended as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning
Commission.
B. The DCD Director will review projects meeting the thresholds for administrative
design review. The BAR will review all other projects requiring design review approval.
The Board and the DCD Director shall have the authority to approve, approve with
conditions, or deny all plans submitted based on a demonstration of compliance with all
of the guidelines of this chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following
exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC/L, and MIC/H Districts, except when
within 300 feet of residential districts or within 200 feet of the Green/Duwamish River or
that require a shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if
the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs
between 10% and 25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet
in MUO, 0, RCC, NCC, RC, RCM, TUC and C/LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18 -9).
c. for any multifamily structures in MDR and HDR zones.
3. Development applications using the procedures of 18.60.060, Commercial
Redevelopment Area.
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback
standards may be waived and conditioned, upon approval of plans by the BAR, in
accordance with criteria and guidelines in the Tukwila International Boulevard Design
Manual, as amended. Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
75
119
consistent with maximum
allowed occupancy
Warehousing
1 for every 2,000 square
feet of usable floor area
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Section 23. TMC Chapter 18.60, Board of Architectural Review is amended as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
those stated for the Planning Commission in the bylaws of the Tukwila Planning
Commission.
B. The DCD Director will review projects meeting the thresholds for administrative
design review. The BAR will review all other projects requiring design review approval.
The Board and the DCD Director shall have the authority to approve, approve with
conditions, or deny all plans submitted based on a demonstration of compliance with all
of the guidelines of this chapter, as judged by the preponderance of evidence standard.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following
exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC/L, and MIC/H Districts, except when
within 300 feet of residential districts or within 200 feet of the Green/Duwamish River or
that require a shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if
the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs
between 10% and 25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet
in MUO, 0, RCC, NCC, RC, RCM, TUC and C/LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18 -9).
c. for any multifamily structures in MDR and HDR zones.
3. Development applications using the procedures of 18.60.060, Commercial
Redevelopment Area.
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback
standards may be waived and conditioned, upon approval of plans by the BAR, in
accordance with criteria and guidelines in the Tukwila International Boulevard Design
Manual, as amended. Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
75
119
120 1
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. Minor
amendments to an approved project may be permitted upon request to the Director where
they do not substantially change the appearance, intensity or impacts of the project.
Major amendments to an approved project will require submittal of a new design review
application. A major amendment is a substantial change to elements of the approved
plans, including substantially revised building design, alteration of circulation patterns or
intensification of development on the site.
Section 24. TMC Chapter 18.96, Administration and Enforcement is amended as follows:
18.96.030 Review of Zoning Compliance
No department, official, or employee of the City shall issue an occupancy permit until
there has been endorsed thereon certification of compliance with the applicable
regulations of this title by the Director or his delegate. For the purposes of Chapter 18.96,
an occupancy permit shall mean the review and recording of zoning compliance as
accomplished through the building permit and business license application procedures.
Section 25. TMC Chapter 18.104, Permit Application Types and Procedures is amended
as follows:
18.104.010 Classification of Project Permit Applications
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 meeting and/or a public hearing is required before a decision is
made, and whether administrative appeals are provided.
1. TYPE 1 DECISIONS are made by City administrators who have technical
expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not required
for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
Any land use permit or approval
issued by the City, unless
specifically categorized as a
Type 2, 3, 4, or 5 decision by
this Chapter
As specified by
ordinance
Boundary Line Adjustment,
including Lot Consolidation
(TMC 17.08)
Community
Development
Director
Development Permit
Building
Official
76
Minor modification to design
review approval (TMC
18.60.030)
Community
Development
Director
Minor Modification to PRD
(TMC 18.46.130)
Community
Development
Director
Sign Permit, except for those
sign permits specifically
requiring approval of the
Planning Commission, or
denials of sign permits that are
appealable
Community
Development
Director
Tree Permit (TMC 18.54)
Community
Development
Director
Wireless Communication
Facility, Minor (TMC 18.58)
Community
Development
Director
2. TYPE 2 DECISIONS are decisions which are initially made by the Director
or, in certain cases, other City administrators or committees, but which are subject to an
open record appeal to the Hearing Examiner, Board of Architectural Review, Planning
Commission, City Council or, in the case of shoreline permits, an appeal to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(open record
appeal)
Board of
Architectural
Review
Administrative
Design Review
(TMC 18.60.030)
Community
Development
Director
Administrative
Planned Residential
Development
(TMC 18.46.110)
Short Plat
Committee
Hearing
Examiner
Binding Site
Improvement Plan
(TMC Chap.17.16)
Short Plat
Committee
Hearing
Examiner
Cargo Container
Placement
(TMC 18.50.060)
Community
Development
Director
Hearing
Examiner
Code Interpretation
(TMC 18.90.010)
Community
Development
Director
Hearing
Examiner
77
121
• 122
Exception from
Single - Family
Design Standard
(TMC 18.50.050)
Community
Development
Director
Hearing
ExaminerCity
Council
Modification to
Development
Standards 9TMC
18.41.100)
Community
Development
Director
Hearing
Examiner
Parking standard for
use not specified
(TMC 18.56.100)
Community
Development
Director
Hearing
Examiner
Sensitive Areas
(except Reasonable
Use Exception)
(TMC 18.45)
Community
Development
Director
Planning
Commission
Hearing
Examiner
Shoreline Substantial
Development Permit
(TMC Chapter
18.44)
Community
Development
Director
State
Shoreline
Hearings
Board
Short Plat
(TMC 17.12)
Short Plat
Committee
Hearing
Examiner
Sign Area Increase
(TMC 19.32.140)
Community
Development
Director
Hearing
Examiner
Planning
Ceffiien
Sign Permit Denial
(TMC Chapter
19.12)
Community
Development
Director
Hearing
Examiner
Planning
Gemlnissien
Special Permission
Parking, and
Modifications to
Certain Parking
Standards (TMC
18.56.065 and .070)
Community
Development
Director
Hearing
Examiner
Special Permission
Sign, except "unique
sign" (various
sections of TMC
Title 19)
Community
Development
Director
Hearing
Examiner
Planning
Gennnisaien
Wireless Communica-
tion Facility, Minor
(TMC 18.58)
Community
Development
Director
Hearing
Examiner
3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner following an open record hearing. Type 3 decisions may be appealed only to
78
1 Superior Court, except for shoreline variances and shoreline conditional uses that may be
appealed to the State Shoreline Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
APPEAL BODY
Resolve uncertain zone
district boundary
Hearing Examiner
Superior Court
Variance (zoning, shoreline,
sidewalk, land alteration,
sign)
TSO Special Permission
Use (TMC 18.41.060)
Conditional Use Permit
Hearing Examiner
Superior Court
Hearing Examiner
Superior Court
Hearing Examiner
Modifications to Certain
Parking Standards
(TMC Chapter 18.56)
Hearing Examiner
Superior Court
Superior Court
Reasonable Use Exceptions
under Sensitive Areas
Ordinance
(TMC 18.45.180)
Variance from Parking
Standards over 10% (TMC
18.56.140)
Shoreline Conditional Use
Permit
Hearing Examiner
Superior Court
Hearing Examiner
Superior Court
Planning
Commission
State Shorelines
Hearings Board
Subdivision - Preliminary
Hearing Examiner
Superior Court
Plat with no associated
Design Review application
(TMC 17.14.020)
Wireless Communication
Hearing Examiner
Superior Court
Facility, Major or Waiver
Request
(TMC 18.58)
4. TYPE 4 DECISIONS are quasi-judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the Hearing Examiner or the City Council based on
the record established by the Board of Architectural Review or Planning Commission,
except Shoreline Conditional Use Permits, that are appealable to the State Shorelines
Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
79
123
124
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL
BODY (closed
record appeal)
Use
Planning
Commission
City Council
Conditional
Permit
Chapter 18.61)
(TMC
Modifications to
Certain Parking
Planning
Geffiffii&Sieli
Hearing
Examiner
Standards
Chapter 18.56)
(TMC
Public Hearing Design
Review
(TMC Chap. 18.60)
Board of
Architectural
Review i
Hearing
ExaminerCi1y
Council
Planning
Cemmissien
City Council
Reasene
Exception
nder
Sensitive Area
Ordinance
18.45.180)
(TMC
Planning
Commission
State
Shorelines
Use Permit
18.11.050)
Hearings
Beard
(TMC
Subdivision -
Preliminary Plat with
Planning
Commission
Hearing
ExaminerGity
an associated Design
Council
Review application
(TMC 17.14.020)
Unique Signs
(TMC 19.28.010)
Planning
Commission
Hearing
ExaminerGity
Variance from Parking
Planning
Commission
Hearing
Examiner
Standards , 0od
over
18.56.140)
(TMC
Communica
Planning
Commission
City Council
Wireless
tion 'Facility, Major
or
Waiver Request
18.58)
(TMC
5. TYPE 5 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner or City Council following an open record hearing. Type 5 decisions may be
appealed only to Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
80
Planned Residential
Development (PRD), including
Major Modifications (TMC
18.46)
City Council
Rezone (TMC Chapter 18.84)
City Council
Sensitive Area Master Plan
Overlay (TMC 18.45.160)
City Council
Shoreline Environment
Redesignation (Shoreline Master
Program)
City Council
Subdivision - Final Plat
(TMC 17.12.030)
City Council
Unclassified Use
(TMC Chapter 18.66)
City Council
18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW
36.70B.070 (which requires the City to determine whether applications are complete
within 28 days of submission) and RCW 36.70B.090 (which requires the City to make a
decision on a permit application within 120 days of determining the application is
complete), the following standards for permit applications are established:
1. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not
commence review of any application set forth in this chapter until the applicant has
submitted the materials and fees specified for complete applications. Applications shall
be considered complete as of the date of submittal upon determination by the Department
that the materials submitted meet the requirements of this section. Except as provided in
Subsections 2 and 4 of this section, all land use permit applications shall include the
following in quantities specified by the Department:
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land
use project permits' requested by the applicant for the development proposal at the time
the application is filed.
b. If the water utility serving the site is an entity other than the City, a
current Certificate of Water Availability from the water utility purveyor serving the site
pursuant to TMC 14.36.010.
c. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC 14.36.020 if the site is proposed for development
using a septic system, or a Certificate of Sewer Availability from the sewer utility
purveyor serving the site if the sewer utility serving the site is an entity other than the
City.
d. A site plan, prepared in a form prescribed by the Director.
81
125
e. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58.17.
f. Any sensitive areas studies required by TMC Chapter 18.45.
g. A completed environmental checklist, if required by TMC Chapter 21.04.
h. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City
or any other governmental entity.
j. A storm water design which meets the requirements set forth in the
Surface Water Design Manual adopted pursuant to TMC 16.54.060.
k. For land use permits requiring a Type 3, 4 or 5 decision: current
Assessor's maps and a list of tax parcels to which public notice must be given; a set of
mailing labels addressed to the owners thereof; and a set of mailing address labels
addressed to the occupants thereof, including tenants in multiple occupancy structures, to
the extent the owner's addresses are not the same as the street addresses of the properties
to which notice is required. In lieu of the mailing labels the applicant can pay public
notice mailing fee as established by the Land Use Fee Schedule.
1. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter 18.52.
p. A tree- clearing plan, if required by TMC Chapter 18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if required by TMC Chapter
18.60 or the Shoreline Master Program.
s. Verification of applicable contractor's registration number, if required by
RCW 18.27.110.
2. The Director may waive any of the specific submittal requirements listed in
this section that are determined to be unnecessary for review of an application.
3. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued
processing even though additional information may be required or project modifications
may be subsequently undertaken. The determination of completeness shall not preclude
the Department from requesting additional information or studies either at the time of
notice of completeness or subsequently if new or additional information is required or
substantial changes in the proposed action occur, as determined by the Department.
4. There are additional application requirements for the following land use
permits, which must be provided in addition to the materials identified in this section in
order for an application to be deemed complete:
a. Land altering permit, see TMC 16.54.100, .110 and .230.
b. Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC 14.04.030.
d. Sanitary sewer connection, see TMC 14.12.070.
e. Flood control zone permit, see TMC 16.52.070.
f. Short subdivisions, see TMC 17.08.030.
126 82
g. Preliminary subdivisions, see TMC 17.12.020.
h. Final subdivisions, see TMC 17.12.030.
i. Binding site improvement plans, see TMC 17.16.030.
j. Planned residential developments, see TMC 18.46.110.
k. Sign permits, see TMC 19.12.020 and .030.
1. Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable
Shoreline Master Program.
m. Wireless communication facility permits, see Chapter TMC 18.58.
5. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the
applicant to submit a title report or other proof of ownership of the property or other
proof of the applicant's authority to submit an application regarding the property.
6. Applications shall be accompanied by the payment of applicable filing fees, if
any.
18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5
decisions and for all Type 1 decisions which require SEPA review, except that a Notice
of Application is not required in the case of a Code Interpretation pursuant to TMC
18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12.
B. A Notice of Application shall be issued by the Department within 14 days following
the Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under
RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination
shall be combined with the Notice of Application. If a determination of significance
(DS) has been made prior to the issuance of the Notice of Application, the Notice of
Application shall also include the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than the
applicant.
3. A description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents or
studies can be reviewed.
•
54. A statement establishing a public comment period, which shall be 14 days for
Type 1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the
Notice of Application, provided that a public comment period is not required in the case
of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to
TMC Chapter 19.12, and further provided that the comment period for projects requiring
a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in
RCW 90.58.140.
65. The procedures and deadline for filing comments, requesting notice of any
required hearings, and any appeal rights. Any person may comment in writing on the
83
127
application during the public comment period, and may participate by submitting either
written or oral testimony, or both, at any hearings, and may request a copy of the decision
once made. The Notice shall specify any appeal procedures that apply to the permit
application.
76. For Type 5 decisions, the date, time and place of the public meeting required
by TMC 18.112.120 and an explanation of the purpose of and procedure to be followed at
such meeting.
g7. The date, time place and type of hearing, if applicable and scheduled at the
time of notice.
98. The identification of other permits not included in the application to the extent
known by the Department.
4-09. A statement of the preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW 90.58 for Notices of Application for
projects which require a Shoreline Substantial Development permit.
F. Except for a determination of significance, the Department shall not issue a
threshold determination pursuant to RCW 43.21C, and the Department shall not issue a
decision or a recommendation on the application until the expiration of the public
comment period on the Notice of Application.
18.104.090 Notice of Application - Procedure
Notice of Application shall be provided as follows:
1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require
SEPA review, the Notice of Application shall be mailed by first class mail to the
applicant and to departments and agencies with jurisdiction, except that a Notice of
Application is not required in the case of a Code Interpretation pursuant to TMC
18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12.
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the
Notice of Application shall be provided by posting pursuant to TMC 18.104.110,
provided that the Notice of Application for a Type 1 decision involving a single - family
residence need not be posted but shall be published one time in a newspaper of general
circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice
of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC
18.104.120. Notice requirements for secure community transition facilities shall be in
accordance with RCW 71.09.315 as amended.
4. For applications which require any Shoreline permit, additional notice shall be
provided as required by RCW 90.58.
5. For preliminary plats, additional published notice shall be provided as
required by RCW 58.17.090(a).
6. The Director shall have the discretion, in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and mailed notice
would be impractical, to require the notice of application to be published in a newspaper
of general circulation in the area where the proposal is located, in lieu of posting and
mailed notice
128 1 84
7. Email notification can substitute for large mailings where the parties of record
were informed about this form of notification and they elected to receive information
electronically.
18.104.120 Mailed Notice
A. Mailed notice shall be issued by first class mail by the Department within 14 days
following the Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the
occupants thereof to the extent the street addresses of such properties are different than
the mailing addresses of the owners.
2. To any agency or tribe which the Department may identify as having an
interest in the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4
decisions, the Department shall issue a Notice of Hearing by mail pursuant to the
provisions of TMC 18.104.120. Notice requirements for secure community transition
facilities shall be in accordance with RCW 71.09.315 as amended.
In addition, at least 14 days before such hearing, the Director shall post the Notice of
Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such Notice
of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any
environmental documents or studies can be reviewed.
5. The date, time, place and type of hearing.
6. The phone number of the Department and the name of the staff person who
can provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the
Notice of Hearing if the Director determines that such information would increase public
awareness or understanding of the proposed project.
C. Email notification can substitute for large mailings where the parties of record were
informed about this form of notification and they elected to receive information
electronically.
Section 26. TMC Chapter 8.25, Vehicle Storage and Parking is amended as follows:
8.25.020 Parking Limitations.
85
129
A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles
on properties devoted to single - family residential use.
B. Motor vehicles on property devoted to single family residential use shall be parked on
an approved durable uniform surface. Motor vehicles, other than those specified in TMC
8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks
when in a driveway that provides access to an approved parking location and is in
conformance with TMC Title 18, as that title currently exists or as it may be subsequently
amended. However parking in the rear setback of a single family home is permitted
where the parking is connected to a rear alley.
C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved
durable uniform surface and shall not be parked, kept or stored in required front yard
setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard
setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by
emergency responders to all sides of a structure.
D. Approved durable uniform surfaces outside of structures on -site may cover a
maximum of 1,200 square feet or 10% of the lot surface, whichever is greater.
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement on the effective date of this ordinance may be maintained, but shall not be
expanded.
F. Single - family properties on pre - existing, legal lots of record containing less than 6,500
square feet are exempt from the requirements of 8.25.020D.
Section 27. 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 28. 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 CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of
, 2009.
Jim Haggerton, Mayor
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk
130 1 86
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
87
131
City of Tukwila
Community Affairs &
Parks Committee
O Verna Griffin, Chair
o )oe Duffie
O Kathy Hougardy
AGENDA
MONDAY, JULY 27, 2009, 5:00 PM
Conference Room #3
Distribution: M. Hart J. Pace
V. Griffin S. Hunstock D. Speck
J. Duffle V. Jessop R. Still
K. Hougardy S. Kerslake B. Arthur
J. Hernandez K. Kertzman C. Parrish
D. Robertson G. Labanara J. Eide
Mayor Haggerton K. Matej K. Narog(cover)
R. Berry M. Miotke S. Kirby(emaii)
E. Boykan C. O'Flaherty S. Norris(emaii)
B. Fletcher N. Olivas
y° - ° + LV ITEM
RECOMMENDED ACTION
Page
1. PRESENTATION(S) %�,.
2. BUSINESS AGENDA 1st i „ Dv
a. Additional housekeeping code amendments;
a. Forward to Planning
Pg.1
Jack Pace, Community Development Director.
Commission
b. Update on growth targets;
b. Information only.
Pg.13
Jack Pace, Community Development Director.
c. Second Quarter Reports.
c. Information only.
Pg.23
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, August 10, 2009
Committee Goals:
* Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different
cultures represented within the Tukwila community.
* Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential
neighborhoods.
* Provide legislative support and encouragement to Tukwila residents living in rental communities through programs
that hold owners and /or property managers accountable for providing safe places to live through the implementation
of a rental licensing program.
* Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more
familiar with the changing faces of communities and neighborhoods throughout the City.
* Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (a /so assigned to F &S).
* Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S).
6 The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 for assistance.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Par - Committee
FROM: Jack Pace, DCD Director
Shelley Kerslake, City Atto
DATE: July 23, 2009
SUBJECT: Additional Housekeeping Code Amendments.
ISSUE
Should the following Zoning Code amendments be added to the Housekeeping Code
changes: 1) Amendments to address the recommendations of Washington Cities ,jqL.
Insurance Authority (WCIA); 2) Amendments to clarify the difference between a hotel, a
motel and an extended -stay lodging facility?
BACKGROUND
Staff had previously briefed Community Affairs and Parks Committee on May 11, 2009,
regarding a myriad of housekeeping code amendments. Those amendments were
forwarded over to the Planning Commission to review in detail and make a
recommendation to the City Council. Planning Commission was briefed on the proposed
changes and a public hearing is tentatively scheduled on August 27, 2009. Staff would
like to incorporate a couple of other amendments to the list for Planning Commission's
review. The first proposed amendment would address the recommendations of
Washington Cities Insurance Authority. The second one would address the definition of
a hotel, a motel, and an extended -stay lodging facility.
DISCUSSION
I. Code Amend eE emts toga Idress *' "C "IA's'Lrecommera'
d,ation sl
After the annual review and audit by the Washington Cities Insurance Authority the City
has received the attached letter (Attachment A). This year the audit focused on Land
Use exposures. As part of the audit report, WCIA strongly recommends that the City
use a hearing examiner to the maximum extent allowed by law and that the hearing
examiner's decision be final and appealable directly to superior court. WCIA further
recommends that the Planning Commission and City Council focus on legislative land
use matters such as the shoreline master program, zoning code text amendments, area
wide rezones, and comprehensive plan amendments and leave the quasi - judicial
matters to be handled by the City's hearing examiner. The rationale for this
recommendation is sound. In recent years cities have seen an increase in very costly
1
2
INFORMATIONAL MEMO
Page 2
° land use litigation. The area of land use has become increasingly technical and
contentious. Moreover, to have the Council continue to sit in a quasi-judicial capacity
severely restricts the role of council members. As you know, when sitting in a quasi -
judicial capacity the Council is not allowed to engage in any conversation regarding the
application and must restrict its consideration to the evidence presented. Legislators
are elected to represent constituents and many citizens do not understand when they
are told that a councilmember can't consider their concerns. WCIA has called this out
as a source of potential liability.
As a result of WCIA's recommendation staff has proposed several changes to the land
use code dealing with quasi - judicial matters and transferring those matters to the
hearing examiner. There are currently five categories of land use processes- Type 1
through Type 5. See attached section of the Zoning Code listing decision makers for the
different categories. Under the existing code Type 4 decisions are generally made by
the Planning Commission and Type 5 decisions are made by the City Council. Also, the
Planning Commission and the City Council is listed as the appeal body for some Type 2
and Type 4 decisions.
In order to address the concerns raised by WCIA there are two policy options for the
Committee to consider.
Option 1: Change the Zoning Code so that all quasi- judicial land use decisions are
made by the Hearing Examiner. This would mean all Type 4 and Type 5 decisions
including Design Review and Rezones will be made by the Hearing Examiner. Also, the
appeal body of all administrative decisions would be changed from the Planning
Commission and /or City Council to the Hearing Examiner. Under the current code
Design Review applications are approved by the Board of Architectural Review, which is
comprised of the same members as the Planning Commission.
This option would address WCIA's concerns; however it may create some issues if the
decision makers for the Rezone application and the Comprehensive Plan Amendment
are different, since every Rezone application has an associated Comprehensive Plan
Amendment. Also, it may not be prudent to have the Hearing Examiner review Design
Review applications.
Option 2: Change the Zoning Code so that a majority of quasi - judicial decisions are
made by the Hearing Examiner, however keep the same decision makers for Design
Review, Unclassified Use Permit, Rezone, Subdivision and Unique Signs until such time
that substantive changes are made to the underlying code and the review criteria. The
City is in the process of updating Tukwila Urban Center Plan with specific design
guidelines. Staff is also preparing to start work for the ten year update to the
Comprehensive Plan, which the City is required to update by 2011. As part of this
update the City may want to have the Zoning Map different from the Comprehensive
Plan map, which would separate the quasi - judicial rezone process from the
Comprehensive Plan amendment process. Also, Sign Code update is in progress and
the decision makers for unique signs will be decided as part of the Sign Code update
process.
INFORMATIONAL MEMO
Page 3
Staff recommends policy option #2.
III. Code amendments-to- better- define ahotel, —a motel-and -an- extended- stay_lodging
facili
-
The International Building Code along with the Washington State Departments of
Revenue and Health and the Washington State Landlord- Tenant Act all define transient
accommodations as less than 30 continuous days. The definition of a hotel and a motel
in Zoning Code needs to clarify that "transient" in the code means "less than 30
continuous days ". Staff is recommending amending the definitions of a hotel and a
motel in order to make them consistent with the International Building Code (IBC).
Additionally a definition for an extended -stay lodging facility will need to be added to the
Zoning Code.
If an extended -stay lodging facility is separately listed in the Zoning Code then the
regulations for such a facility will need to be addressed in the Zoning Code. Listed
below are some policy options for the Committee to consider regarding regulating an
extended -stay lodging facility:
1. Limit or not limit the stay in an extended -stay lodging facility to 180 days.
2. Allow extended -stay lodging facilities in
a. All zones that allow hotel /motels (RC, RCM, TUC, CLI, LI, HI, MIC /L,
MIC /H, TVS zones)
b. Zones that allow multifamily units above commercial uses (MUO, RCC,
NCC,RCM,TUC,TVS)
c. Zones that allow apartments (HDR and RC zones).
d. Zones that allow apartments and hotel /motels (RC zone).
Staff recommends changing the definition of a hotel and a motel to limit the
accommodation to 30 days, in order to be consistent with International Building Code.
Staff also recommends adding a definition for an extending -stay lodging facility; limiting
the accommodation in an extended -stay to 180 days; and allowing extending -stay
lodging facilities in all zones that allow hotel /motel.
RECOMMENDATION
Forward the proposed changes to the Planning Commission for consideration and
review. After Planning Commission review and hearing staff will return to CAP with
Planning Commission's recommendations.
ATTACHMENTS:
A. Washington Cities Insurance Authority's letter dated May 21, 2009.
B. Existing Zoning Code listing different types of land use decisions and decision
makers.
3
Insurance Authority
May 21, 2009
Rhonda Berry
City Administrator
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
RE: 2009 Annual Review & Audit
Dear Rhonda:
ATTACHMENT A
P.O. Box 88030
Iukwila, WA 98138
Phone: 206 - 575 -6046
Fax: 206- 575 -7426
It was a pleasure to meet with you, Shawn and Jack last week to perform the Annual
Review and Audit, in accordance with the terms of the WCIA Membership COMPACT.
I want to thank all of you for setting aside a portion of your day to meet with me.
2008 AUDIT RESULTS (In Compliance)
I was happy to verify that the City had no mandatory requirements generated from the
2008 Public Works Audit. Therefore the City is considered to be in compliance with the
terms of the WCIA COMPACT.
2009 AUDIT RESULTS
As you know, this year's Audit focused on Land Use exposures. The Audit resulted in
one mandatory requirement being generated, which will be monitored for compliance in
2008. Please be aware that failure to comply with the mandatory requirements may result
in a financial penalty.
MANDATORY REQUIREMENT
4.4 Does the City's SEPA checklist require the applicant to swear under penalty of
perjury that all information provided is true and correct?
Although the SEPA guidelines do not require it, WCIA is requiring that its Member
Cities require that checklists submitted by applicants be accompanied by a sworn
statement under penalty ofperjury that all information provided in the checklist is true
and correct. Our defense attorney has had at least three cases dismissed on summary
judgment because of the penalty ofperjury law. In addition, at trial, he has blown up the
SEPA checklist and was able to use the fact that the applicant lied in misrepresentation
cases. It can also be used as leverage for settlement in mediation. Defense counsel calls
5
Page 2
City of Tukwila
May 21, 2009
the penalty ofperjury language the "gold standard ". You can comply with this
mandatory by adding the words Under penalty of perjury to the signature statement on
the SEPA checklist so that it reads "Under penalty ofperjury the above answers are true
and complete to the best of my knowledge. I understand that the lead agency is relying on
them to make its decision."
INFORMATIONAL RECOMMENDATIONS
1.15 Does the Planning Commission make final, substantive decisions on site specific
permits or approvals?
1.16 Does the Planning Commission act as an administrative appeal body, making
decisions on site specific permits or approvals on appeal from staff or others in the
City?
Currently, Tukwila's Planning Commission is making final decisions on certain types of
permits as well as acting as an administrative appeal body under certain circumstances.
WCIA recommends the Planning Commission be an advisory body that makes
recommendations to the City Council on land use matters. WCIA further recommends the
Planning Commission's role emphasize legislative land use matters of general
applicability, such as the comprehensive plan, shoreline master program, zoning code
text amendments, and area -wide rezones, and that quasi-judicial matters be handled by a
hearing examiner.
1.37 What is the role of the City Council in the land use planning and decision -
making process?
1.38 Is the Council's role Iimited to adoption of ordinances related to the
comprehensive plan or development regulations?
1.39 Does the Council approve any types of land use permits?
1.40 Does the Council hear any appeals of permit decisions or other Iand use
approvals made by other agencies of the City?
In our meeting, we discussed the current role of the City Council, which includes many of
the land use decisions as well as appeals from the Planning Commission's decisions.
While the City uses a hearing examiner, there are many land use decisions that the City
Council and Planning Commission are involved in which can lead to an increase in
liability for the City of Tukwila. WCIA recommends that the City use a hearing examiner
to the maximum extent allowed by law and that the hearing examiner's decision be final,
appealable directly to superior court.
6
Page 3
City of Tukwila
May 21, 2009
1.42 Doe City Council members attend meetings and /or public hearings of the
Planning Commission or other land use advisory committees?
Currently, City Council members are involved in making quasi-judicial permit decisions.
WCIA recommends City Council members refrain from attending hearings of its
advisory committees on such matters to avoid any conflicts of interests of possible
violation of the Appearance of Fairness Doctrine.
PROPERTY & AUTO PHYSICAL DAMAGE PROGRAMS
I provided current copies of your property and auto schedules for review. As we
discussed, there are a few entries on the property schedule that are described as
miscellaneous items that will need to be updated so that we can identify what is being
insured. Also, the values on many of the autos listed on the auto schedule had not been
updated for replacement cost or depreciated for actual cash value and Shelley indicated
that she would work on getting these updated. Please let WCIA Administrative Assistant
Tiffany Woods know if there are any changes you wish to make or the changes can be
made "on line" at the WCIA Web Site.
RISK PROFILE
I was pleased to discuss the Risk Profile which shows the City's losses compared to the
Actuarial Group Averages. Hopefully the material presented was of interest. Again, it is
our hope that this information may assist Members in looking at their specific areas of
loss. If you have any questions regarding this documentation, please be sure to call.
COMPACT STATUS & TRAINING REQUIREMENTS
The City still needs to meet your First Mandatory Training requirement and your
Attorney Attendance for 2009.
Member Services Manager Patti Crane will be sending out announcements periodically
for all of the various trainings that will be scheduled throughout the year. Please feel free
to call her if you have any questions or wish to schedule additional training.
7
Page 4
City of Tukwila
May 21, 2009
SUMMARY
This completes the findings of my recent visit. I appreciated the hospitality shown me
while I was there. Please let me know if you have any other risk management concerns or
if I can be of further service.
Sincerely,
Debbi Sellers, RPLU
Senior Risk Management Representative
Washington Cities Insurance Authority
206 -575 -6046
cc: City File
8
ATTACHMENT B
PERMIT APPLICATION
TYPES AND PROCEDURES
Sections:
18.104.010 Classification of Project Permit Applications
18.104.020 Consolidation of SEPA Procedures and Appeals
18.104.030 Consolidation of. Permit Applications
18.104.040 Relationship to SEPA
18.104.050 Pre - application Conferences
18.104.060 Application Requirements
18.104.070 Notice of Complete Application to Applicant
18.104.080 Notice of Application - Contents
18.104.090 Notice of Application - Procedure
18.104.100 Party of Record
18.104.110 Posted Notice
18.104.120 Mailed Notice
18.104.130 Time Periods for Permit Issuance
18.104.140 Applications - Modifications to Proposal
18.104.150 Vesting
18.104.160 Hearing scheduling - Notice of Hearing
18.104.170 Notice of Decision
18.104.180 Referral to Other City Departments
18.104.190 Date of Mailing
18.104.010 Classification of Project Permit Applications
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 meeting and /or a public
hearing is required before a decision is made, and whether administrative appeals are provided.
1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner . who will hold a
closed record appeal hearing based on the information presented to the City administrator who made the
decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5
decision by this Chapter
As specified by
ordinance
Boundary Line Adjustment, including
Lot Consolidation (TMC 17.08)
Community
Development
Director
Development Permit
Building Official
Minor modification to BAR - approved
design (TMC 18.60.030)
Community
Development
Director
Minor Modification to PRD
(TMC 18.46.130)
Community
Development
Director
9
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission, or denials
of sign permits that are appealable
Community
Development
Director
Tree Permit (TMC 18.54)
Community
Development
Director
Wireless Communication Facility,
Minor (TMC 18.58)
Community
Development
Director
2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in certain cases,
other City administrators or committees, but which are subject to an open record appeal to the Hearing
Examiner, Planning Commission, City Council or, in the case of shoreline permits, an appeal to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(open record
appeal)
Administrative Design
Review (TMC 18.60.030)
Community
Development
Director
Board of
Architectural
Review
Administrative Planned
Residential Development
(TMC 18.46.110)
Short Plat
Committee
Hearing
Examiner
Binding Site
Improvement Plan
(TMC Chap.17.16)
Short Plat
Committee
Hearing
Examiner
Cargo Container
Placement
(TMC 18.50.060)
Community
Development
Director
Hearing
Examiner
Code Interpretation
(TMC 18.90.010)
Community
Development
Director
Hearing
Examiner
Exception from Single-
Family Design Standard
(TMC 18.50.050)
Community
Development
Director
Cit euncil.,
Parking standard for use
not specified
(TMC 18.56.100)
Community
Development
Director
Hearing
Examiner
Sensitive Areas
(except Reasonable Use
Exception)
(TMC 18.45)
Community
Development
Director
'PI- Mining"
Commi�n
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Community
Development
Director
State
Shoreline
Hearings Bd
Short Plat
(TMC 17.12)
Short Plat
Committee
Hearing
Examiner
10
.1 Aft
Sign Area Increase
(TMC 19.32.140)
Community • "
Development
Director
.Planning
C fission
Sign Permit Denial
(TMC Chapter 19.12)
Community
Development
Director
Panning
Commission
Special Permission
Parking, and Modifica-
tions to Certain Parking
Standards (TMC
18.56.065 and .070)
Community
Development
Director
Hearing
Examiner
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Community
Development
Director
Planning
Cosion
Wireless Communication
Facility, Minor (TMC
18.58)
Community
Development
Director
-Hearing
Examiner •-
3. TYPE 3 DECISIONS are quasi - judicial decisions made by the Hearing Examiner following an
open record hearing. 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 3 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Resolve uncertain zone district
boundary
Hearing Examiner
_..
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
4. TYPE 4 DECISIONS are quasi - judicial decisions made by the Board of Architectural Review or
the Planning Commission, following an open-record hearing. Type 4 decisions may be appealed to the
Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review
or Planning Commission, except Shoreline.Conditional Use Permits that are appealable to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(closed record
appeal)
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
CityiCou_�,;IF;
Modifications to Certain
Parking Standards
(TMC Chapter 18.56)
Pla,�nn,
Corns g
Hearing
Examiner
Public Hearing Design
Review
(TMC Chap. 18.60)
Board of
Architectural
Review
City Council
v0-v-
11
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance
(TMC 18.45.180)
Planning
Commission
4City&Gounc_
Shoreline Conditional
Use Permit
(TMC 18.44.050)
Planning ;
Commission
,• State
. Shorelines =::
Hearings
Board
Subdivision - Preliminary
Plat
(TMC 17.14.020)
Planning
Commission
City Council
Unique Signs
(TMC 19.28.010)
Planning .
Commission
City Council
Variance from Parking
Standards over 10%
(TMC 18.56.140)
Planning
Commission
Hearing
Examiner
1
Wireless Communication
Facility, Major or Waiver
Request
(TMC 18.58)
Planning
Commission
d,Gty_Council
5. TYPE 5 DECISIONS are quasi - judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Planned Residential Development
(PRD), including Major Modifications
(TMC Chap. 18.46)
CityyCounciIJ
Rezone (TMC Chapter 18.84)
City Council
Sensitive Area Master Plan Overlay ,
(TMC 18.45.160)
City, -- Council-
r
Shoreline Environment Redesignation
(Shoreline Master Program)
City- Councij
Subdivision - Final Plat
(TMC 17.12.030)
City Council
Unclassified Use
(TMC Chapter 18.66)
City Council
12
(Ord. 2135 §19, 2006; Ord. 2119 §1, 2006)
2S
City of Tukwila
Community Affairs &
Parks Committee
o Verna Griffin, Chair
0 Joe Duffie
O Kathy Hougardy
Distribution:
V. Griffin
J. Duffie
K. Hougardy
J. Hernandez
D. Robertson
Mayor Haggerton
R. Berry
E. Boykan
B. Fletcher
M. Hart J. Pace
S. Hunstock D. Speck
V. Jessop R. Still
S. Kerslake B. Arthur
K. Kertzman C. Parrish
G. Labanara K. Narog(cover)
K. Matej S. Kirby(email)
M. Miotke . S. Norris(emaii)
C. O'Flaherty M. Dhaliwal
N. Olives
AGENDA
MONDAY, MAY 11, 2009, 5:00 PM
Conference Room #3
RECEIVED
COMMUNITY
OEVEILOP
ITEM
RECOMMENDED ACTION
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
Housekeeping Code Amendments;
Minnie Dhaliwal, Planning Supervisor.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Forward to Planning Commission
for further review.
Pg.1
Next Scheduled Meeting: Tuesday, May 26, 2009
(Monday is a holiday)
S. The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 for assistance.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and P'ks Committee
FROM: Jack Pace, DCD Director
DATE: May 7, 2009
SUBJECT: Proposed Housekeeping Code Amendments
ISSUE
Should the Zoning and Subdivision Codes be amended to include some housekeeping items?
BACKGROUND
Staff has grouped amendments to the Zoning and Subdivision Codes together for your
consideration. The topics range from minor housekeeping or clarification to policy decisions
about allowed uses and development standards. The process for these code amendments
includes a briefing to the Community Affairs and Parks (CAP) Committee who would then
forward some or all of the amendments to the Planning Commission to review in detail. Staff
would then bring the Planning Commission's recommendations back to CAP and then the full
Council. Included in this memo is a list of the proposed amendments with a brief explanation.
PROPOSED CHANGES
1. Churches are listed as Conditional Uses in a number of zones. It has come to City's attention
that there may be about thirty small churches that are located in multi- tenant commercial
buildings without a Conditional Use Permit approval. First the Zoning Code needs to be
amended to include a broader definition of religious institution that would include churches as
well as synagogues, mosques etc. Further there are three policy options on what process to
use to approve a religious institution: r
a) Establish some thresholds for religious institutions that could be permitted outright;•or
b) Establish an Administrative Conditional Use permit if the maximum number of
attendees is limited to 40.
c) Do not change the code and require a Conditional Use Permit for all religious
institutions regardless of the size or the number of attendees.
2. Update the landscaping chapter to add clarity and help streamline permits:
a) There are landscaping standards for commercial and multifamily zones, but there are
no standards for institutional uses in Low Density Residential (LDR) zone. Staff is
recommending perimeter and interior parking lot landscaping standards similar to
Medium Density Residential (MDR) zone for institutional uses in LDR zone.
1
INFORMATIONAL MEMO
Page 2
b) Add specifications for plant materials and soil in the code. These would include that
plants meet the current American Standard for Nursery Stock, be healthy, free from
damage and habituated to outdoor environmental conditions. Also, no plants listed on
the King County Noxious Weed list may be used. Specification will also include that
appropriate plant materials be selected taking into account final plant size, overhead
power lines, and shade or sun exposure. Also, new specifications for site preparation,
such as requirement for organic material to a depth of 18 inches and mulching shall
be included.
3. Update the Permit Application Types and Procedures section of TMC:
a) The procedures related to Notice of Application and Notice of Hearing could be
updated to eliminate the 8'/2 "x11" site plan requirement so that more mailings could
be done with a postcard. This would help the city save mailing costs, paper and
administrative time. Also, references to First Class mailing could be revised to add a
provision that email notification and web site updates can substitute for large mailings
where the parties of record were informed about this form of notification and they
elected to receive information electronically.
b) TMC 18.104.060 lists requirements needed to determine if an application is complete.
There are some minor revisions needed to reflect the current practices such as
instead of providing mailing labels the applicant may choose to pay the City per the
land use fee schedule to generate mailing labels.
c) The appeal body for a number of closed record appeals of land use decisions is listed
as City Council. Since a closed record appeal is a legal evaluation and not a policy
decision, it may be prudent to change the appeal body to the Hearing Examiner.
d) Preliminary approval for a subdivision (more than nine lots) is made by the Planning
Commission and the Final Subdivision approval is made by the City Council. Since
the Final approval is made after all of the infrastructure is in place, the review is
limited to determining if all the conditions of Preliminary Approval have been met.
Having different decision makers for different stages of the project could be
problematic.
e) The thresholds for when design review is required in LDR, MDR and HDR zones
need to be clarified. It needs to be clearly stated that single family residences are
exempt. The code states that all multifamily is required to go through design review.
However there are no thresholds for remodels or renovations of multi - family
developments.
f) Add an expiration date to Binding Site Improvement Plans similar to Short Plat or
Boundary Line Adjustment applications.
g) Parking Determination for City Parks is to be made by the Planning Commission,
however it is not listed as Type of Permit and no appeal body is listed.
h) Refine Comprehensive Plan Amendment and rezone procedures to separate the
legislative and associated quasi - judicial process.
2
INFORMATIONAL MEMO
Page 3
4. Other miscellaneous code amendments:
a) Paving requirements for parking are spread in three different areas of the code -
Parking Chapter of the Zoning Code, TMC 8.25 Vehicle Storage and Parking and the
Infrastructure and Design Manual that is administered by Public Works. All three
areas need to cross reference and be consistent. Also, regulations for parking in the
rear setback of a single family home need to make an exception for situations where
the parking is connected to a rear alley.
b) Utility extensions and private road access requirements for Boundary Line
Adjustments need to be similar to those of a Short Plat when BLA is used as a
mechanism to reorient the lot lines to create new building sites.
c) Mixed Use Office zone listed the maximum height as 3 stories or 45 feet. Most of
other zones have a requirement of either 3 stories /35 feet or 4 stories /45 feet.
d) TMC 18.52.070 lists the recycling storage space for multifamily residences as 1 1/2 sq.
ft. per unit. This requirement needs to be updated due to renewed emphasis on
recycling.
e) Garages, sheds and greenhouses are listed as accessory uses in residential zone. h'
There are size limitations of 1500 for a garage and 1000 feet greenhouses /sheds. &"'
Since these uses are listed as accessory the intention is that they are smaller in size
to the primary residence. Code clarification is needed so that it clearly says that the
square footage of the accessory structures shall be smaller than the primary
residence.
f) The list of primary uses in all zones has a category that lists "other uses that are not
specifically listed in the Zoning Code and the Director determines that they are similar
in nature to other listed uses and are consistent with Comprehensive Plan and the
purpose of the district ". However the list of accessory uses is limited. A category
similar to the "other uses that are customarily accessory to the listed permitted uses"
and that are determined by the Director to be consistent with the Comprehensive Plan
needs to be added to the list of accessory uses in all zones.
g) Clarify the lot area definition to include or exclude the area used for fire lanes.
5. The Department of Community Development has a number of code interpretations that date
back to 1970's and 80's. Staff has gone through the list of code interpretations and
suggested codifying the following ones that are still applicable.
a) The Building Height definition needs to be amended so that the height of parapets is
included in calculating maximum building height.
b) The term "occupancy permit" is used in the Zoning Code Sections 96.030, .060 and
.070. The definitions section of Zoning Code does not define an occupancy permit.
However an occupancy permit in the Zoning Code has different meaning than an
occupancy permit in the Building Code. The occupancy permit in the Zoning Code is
interpreted by the Planning Department to mean the review and recording of zoning
compliance as accomplished through the building permit and business license
application procedures. This needs to be clarified in the code language.
c) Standard parking stalls have the option of including a two foot landscaping overhang in
the stall length. This means that the paved area of a standard 19' long stall would be
17' with the curb acting as a wheel stop and two feet of the hood or truck overhanging
3
INFORMATIONAL MEMO
Page 4
a landscaped area to reduce the amount of paving on a site. However the code is not
clear if compact stalls should be allowed the option of overhanging in the landscaped
area, reducing their paved length from 16' to 14'. The administrative policy has been
to not allow the compact stalls to overhang and require the full depth of paving.
d) The required front yard landscape width may be divided into a perimeter strip and onq
or more other landscape areas between the building and the front property line if the
perimeter strip is a minimum of ten feet and the landscape materials are sufficient to
provide some project screening and break up the building mass. This allows
additional flexibility of site design while still providing the full amount of landscaping
required by code.
e) Address the sight distance requirements for fences on corner properties.
f) Codify the definition of Truck Terminals.
g) Limited access state routes such as 1 -5 and 1 -405, private access easements and
subdivision tracts for access shall be considered streets according to the Zoning
Code's definition. This effects the type of lots (corner, through) and their setbacks and
landscape requirements.
h) Define and set policy for temporary portable office structures. These are allowed for up
to 18 months in industrial zones and six months in commercial zones. Job shacks for
construction are allowed for the duration of the construction and portables for schools
are subject to approval by the Planning Commission.
6. Correct the following typos or incorrect references through out the code:
a) TMC 18.70.050.8a references sections 18.45.080E & F. It should reference
18.45.120b &c instead.
b) A reference should be added in the LDR zone standards to the single family design
standards listed under Supplemental Section.
c)18.108.080 (7) references TMC 18.11.120, which does not exist. The correct reference
is 18.108.050.
d) TMC 21.04.152 (4a) cites RCW 36.70.200 (Planning Enabling Act); the correct
reference should be 36.70a.200 (Growth Management).
e) TMC 17.12.120 j lists sensitive areas as slopes 20% or greater, which was the
standard prior to sensitive areas update in 2004. It should say 15% or greater.
f) TMC 18.06.500 B. Add the word "be" between the words "may" and "developed ".
g)TMC 18.45.080.G.2.c.(3) states: Removing non - native plat species and noxious weeds
from the buffer area... The word "plat" should be "plant ".
h) TMC 18.72.020 is the Variance section of the Code that is a Hearing Examiner's
decision. There is an outdated reference to "board of adjustments" that needs to be
eliminated.
i) TMC 18.104.090(1) references 18.96.010. It should be 18.96.020.
4
• ' INFORMATIONAL MEMO
Page 5
j) TMC 21.04.310 needs to be updated to reference the adopted fee schedule rather than
the specific fee for SEPA application.
RECOMMENDATION
Forward the proposed changes to the Planning Commission for consideration and review. After
Planning Commission review and hearing staff will return to CAP with Planning Commission's "
recommendations.
5
Page 1 of 1
Joanna Spencer - Zoning Code amendments
From: Minnie Dhaliwal
To: David McPherson; Joanna Spencer
Date: 08/11/2009 11:56 AM
Subject: Zoning Code amendments
I have been compiling a list of code amendments that we would like to get clarified in the Zoning and
Subdivision codes. A few of them (listed below) are the ones that impact PW and Planning. This is what we
discussed at the last Planning Commission meeting and I am now working on the Ordinance for the hearing.
The Ordinance needs to be completed by the end of this week for the Aug hearing. I'll set up a meeting to get
your input on these items.
1.Paving requirements:
Paving requirements for parking are spread in three different areas of the code- Parking
Chapter of the Zoning Code, TMC 8.25 Vehicle Storage and Parking and the Infrastructure
and Design Manual that is administered by Public Works. All three areas need to cross
reference and be consistent. Also, regulations for parking in the rear setback of a single
family home need to make an exception for situations where the parking is connected to a
rear alley. Staff recommends parking areas in all zones except single - family areas to be
paved.
2. Infrastructure requirements for short plats vs BLAs:
Utility extensions and private road access requirements for Boundary Line Adjustments need
to be similar to those of a Short Plat when BLA is used as a mechanism to reorient the lot
lines to create new building sites.
3.Sight distance requirements for fences:
Address the sight distance requirements for fences on corner properties. Staff is
recommending referencing AASHTO standards for sight distance requirements.
"f 4 -PA) 1.e.d 5 gtoi t sL .,id Ise,
0 LA, 0, C42- e, PD-61.24 .
So t Lam- 0.0 (J.
Ho, A-0,1 10. A,...ro=1- ()Lev.-
7
1;.1)V1914.S ititt)-e/( 0( rive, •
1K
file: / /C:\Documents and Settings \joanna.TUKWILA\Local Settings \Temp\XPgrpwise \4A... 08/13/2009
INFRASTRUCTURE DESIGN AND CONSTRUCTION STANDARDS
�
ao9 deckA
required for that street classification (measured from curb face) will be provided,
and an adequate right -of -way width may be dedicated.
4.0.14 ALLEYS
The Director may allow an alley at the rear of single - family residential, multifamily
residential, commercial, or industrial property. An alley not required for fire
suppression access, solid waste collection, or other public purposes may be
privately owned. A private alley must conform to all improvement standards for
public alleys, must be posted as a private alley and must meet all other provisions
applicable to private streets. A dead -end on a public alley is prohibited.
4.0.15 SIGHT DISTANCE
Sight distance at intersections and right -of -way access points shall meet the most
current edition of AASHTO Policy on Geometric Design and shall be clear of sight
obstructions.
4:1 PRIVATE STREETS (TMC 17.20.030.C(5))
A. The City allows private streets when the street:
1. Serves four or fewer lots,
2. Is part of a Planned Residential Development, or
3. Serves commercial or industrial facilities where no circulation continuity is.
necessary.
B. Owner(s) must provide:
1. Recorded covenant granting the City the right to fully use the private
street for emergency access and public service vehicles,
2. Recorded provision for the ownership and maintenance of the private
street by the owners within the development.
3. Final site plans showing private streets must include an unconditional and
irrevocable offer of dedication that may be accepted by the City Council at
such time as the street is needed for development of contiguous property
or for the protection of public health, safety and welfare. The design and
improvement of any private street will be subject to all of the requirements
prescribed by this document for public streets.
C. Owner(s) must install and maintain a sign indicating the street is private.
4.2 PUBLIC STREETS
Streets longer than 200 feet or streets that serve more than four lots shall be
constructed to public street standards. See City of Tukwila standard detail RS -01.
4.2.1 GEOMETRIC DESIGN
On the plans, note the sight distance for horizontal and vertical curves,
intersections, and access points. Setbacks shall meet the current edition of the
AASHTO Policy on Geometric Design. (TMC 11.20.090)
31
Revision dale: 04/17/2009