Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Permit PL16-0008 - CITY OF TUKWILA / PLANNING DEPARTMENT - 2016 HOUSEKEEPING CODE AMENDMENTS
2016 HOUSEKEEPING CODE AMENDMENTS Associated files PLI 6-0008 This File: E16-0002 —CHECKLIST ISSUED DNS City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director DETERMINATION OF NON -SIGNIFICANCE (DNS) File Number: E16-0002 Issue Date: 4/29/2016 Applicant: City of Tukwila Lead Agency: City of Tukwila Description of Proposal: 2016 Housekeeping Code Amendments to the Title 17, 18, 19 and 21 of the Tukwila Municipal Code. The proposed amendments range from code clarification to updating development regulations and permit processes. Address: City Wide This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non - significance (DNS) for the above project based on the environmental checklist. The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43„21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Project materials including the application, any staff reports, and other studies related to the permits are available Monday through Friday 8:30 a.m. - 5:00 p.m. for inspection at Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188. The project planner is Minnie Dhaliwal, who may be contacted at (206) 431-3685 for further information. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by May 13, 2016. The lead agency will not act on this proposal for 14 days from the date below. Jack P i , Responsible Official City of ukwila 6300 Southcenter Blvd. Tukwila, WA 98188 (206) 431-3670 The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) Cc: State Department of Ecology, SEPA Division King County Assessor et* of g dim& Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Minnie Dhaliwal , HEREBY DECLARE THAT: Notice of Application X Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was emailed to Department of Ecology (sepaunit@ecy.wa.gov) and mailed to King County Assessor on this 29 day of May, 2016 Project Name: SEPA for 2016 Housekeeping Code Amendments Project Number: E16-0002 Associated File Number (s): Mailing requested by: Minnie Mailer's signature: --e UL�1 I1 1./LG I. hLLJL STATE ENVIRONMENTAL POLICY ACT CHECKLIST Please respond to all questions. Use separate sheets as necessary. Department of Ecology provides a guidance on filling the SEPA checklist at http://www.ecy.wa.gov/programs/sea/sepa/apguide/EnvChecklistGuidance.html Applicant Responses: A. BACKGROUND 1. Name of proposed project, if applicable: Amendments to Tukwila Municipal Code. 2. Name of Applicant: City Of Tukwila DCD 3. Date checklist prepared: February 26, 2016 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): Planning Commission to hold a public hearing on March 24, 2016. City Council to hold a public hearing in May, 2016. Adoption to follow. 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. There is no site specific proposal and no applications are pending. Agency Comments SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments 9. List any government approvals or permits that will be needed for your proposal. The amendments are a non -project action that would affect land use procedures rather than specific development proposals. 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposal includes a myriad of minor housekeeping code changes. The topics range from updating land use procedures; code clarification; to policy decisions about allowed uses and development standards. See attached list of proposed amendments as Exhibit A. 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The code amendments should apply city-wide. 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? These changes would affect the entire City, and none would directly affect sensitive areas. SEPA Checklist B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: These changes would affect the entire City b. What is the steepest slope on the site (approximate percent slope)? These changes would affect the entire City c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland and whether the proposal results in removing any of these soils. These changes would affect the entire City d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Non -project action. These changes would affect the entire City. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Non -project action SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Non -project action g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Non -project action h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Non -project action 2. Air a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Non -project action b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Non -project action SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments c. Proposed measures to reduce or control emissions or other impacts to air, if any: Thes changes would affect the entire City 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Non -project action 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Non -project action 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Non -project action Please respond to all questions. Use separate sheets as necessary. Applicant Responses: 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. These changes would affect the entire City. Non -project action 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Non -project action b. Ground: 1. Will groundwater be withdrawn from a well for drinking wateror other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well? Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Non -project action 2. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: Non -project action SEPA Checklist Agency Comments Please respond to all questions. Use separate sheets as necessary. Applicant Responses: c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so, describe. Non -project action 2. Could waste materials enter ground or surface waters? If so, generally describe. Non -project action 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Non -project action d. Proposed measures to reduce or control surface, ground, a -runoff water impacts, and drainage pattern impacts if any: Non -project action SEPA Checklist Agency Comments SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: 4. Plants a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple, aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Non -project action. c. List threatened or endangered species known to be on or near the site. Non-pproject action d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Non -project action e. List all noxious weeds and invasive species known to be on or near the site. Non -project action Agency Comments SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: 5. Animals a. List any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: b. List any threatened or endangered species known to be on or near the site. Non -project action c. Is the site part of a migration route? If so, explain. Non -project action d. Proposed measures to preserve or enhance wildlife, if any: Non -project action e. List any invasive animal species known to be on or near the site: Non -project action 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Non -project action Agency Comments Please respond to all questions. Use separate sheets as necessary. Applicant Responses: b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Non -project action c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Non -project action 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Non -project action 1. Describe any known or possible contamination at the site from present or past uses. None SEPA Checklist Agency Comments 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. Non -project action 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. Non -project action SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments 4. Describe special emergency services that might be required. None 5. Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Non -project action 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The proposed amendments are a non -project action. 3. Proposed measures to reduce or control noise impacts, if any: Non -project action SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent propertyies? If so, describe. Non -project action b. Has the site been used for agriculture? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? Non -project action 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: Non -project action c. Describe any structures on the site. Non -project action d. Will any structures be demolished? If so, what? Non -project action SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments e. What is the current zoning classification of the site? Non -project action f. What is the current comprehensive plan designation of the site? The proposed amendments would affect the entire City. g. If applicable, what is the current shoreline master program designation of the site? Non -project action h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. These changes would affect the entire City i. Approximately how many people would reside or work in the completed project? Non -project action Please respond to all questions. Use separate sheets as necessary. Applicant Responses: j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The amendments are a non -project action that would affect land use procedures rather than a specific development proposal. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? Non -project action, no units would be built. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Non -project action SEPA Checklist Agency Comments Please respond to all questions. Use separate sheets as necessary. Applicant Responses: c. Proposed measures to reduce or control housing impacts, if any: The amendments area non -project action that would affect land use procedures rather than specific development proposals 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas:; what is the principal exterior building material(s) proposed? Non -project action b. What views in the immediate vicinity would be altered or obstructed? Non -project action c. Proposed measures to reduce or control aesthetic impacts, if any: Non -project action 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Non -project action SEPA Checklist Agency Comments SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments b. Could light or glare from the finished project be a safety hazard or interfere with views? Nopn-project action c. What existing off -site sources of light or glare may affect your proposal? Non -project action d. Proposed measures to reduce or control light and glare impacts, if any: None 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? Non -project action b. Would the proposed project displace any existing recreational uses? If so, describe. No Please respond to all questions. Use separate sheets as necessary. Applicant Responses: c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, National, State, or Local preservation registers known to be on or next to the site? If so, generally describe. _These changes would affect the entire City. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation. This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. These changes would affect the entire City c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Non -Project action, SEPA Checklist Agency Comments SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Non Project action. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. These changes would affect the entire City b. Is the site or affected geographic area currently served by public transit? If not, what is the approximate distance to the nearest transit stop? These changes would affect the entire City c. How many parking spaces would the completed project or non -project proposal have? How many would the project eliminate? Non -project action. No changes are proposed to parking standards Please respond to all questions. Use separate sheets as necessary. SEPA Checklist d. Will the proposal require any new or improvements to existing roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The amendments are a non -project action that would affect land use procedures. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. These changes would affect the entire City f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Non -project action g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments h. Proposed measures to reduce or control transportation impacts, if any: Non -project action 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No. This is not a project specific proposal and any impacts associated with a specific project under the proposed code amenments shall be subject to SEPA review at the time of the development. b. Proposed measures to reduce or control direct impacts on public services, if any. None 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other: These changes would affect the entire City b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Non -project action SEPA Checklist (NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). C. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments 1. How would the proposals be likely to increase discharge to water; emissions to air: production, storage, or release of toxic or hazardous substances; or production of noise? These changes are procedural in nature and would not affect or increase discharge to water; emissions to air, production, storage or release of toxic or hazardous substances or production of noise. Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No impacts are anticipated plants, animals, fish or marine life from the proposed amendments. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A SEPA Checklist Please respond to all questions. Use separate sheets as necessary. Applicant Responses: 3. How would the proposal be likely to deplete energy or natural resources? Agency Comments The proposed code amendments would unlikely affect the consumption of natural resources. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed code amendments would not change the substantive requirements for mitigation or preservation in sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed code amendments range from minor housekeeping or code clarification to policy decisions about allowed uses and development standards. All proposed code amendments are consistent with the City's Comprehensive Plan and the recently adopted Shoreline Master Program. Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments Proposed measures to avoid or reduce shoreline and land use impacts are: N/A SEPA Checklist 6. How would the proposal be likely to increase demands on transportation or public service and utilities? No transportation or utility impacts are aniticipated as a result of the proposed code amendments. Proposed measures to reduce or respond to such demand(s) are: N/A 7. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. No such conflicts anticipated D. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: — �� — % SEPA Checklist EXHIBIT A A. Proposed Title 18 Zoning Code Changes 1. The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: a. TMC18.70.040 (Non -conforming uses); b. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review)); c. 18.100.050 (Prelliminary Plats are reviewed by the hearing examiner/Board of Architectural Review instead of City Council); d. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission). 2. Add an Assisted Living Facility definition and list as a permitted/conditional use where senior housing and/or convalescent center use is allowed. 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similarly to other automotive services; Arenas are a permitted use in TUC-TOD; Brewery/Taprooms are permitted in TUC-WP; Townhouses are not limited to four-plexes in HDR. 4. Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. 5. With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non -conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre- existing buildings that are taller than 45 feet. 6. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. 7. Housing Options Program that included regulations for cottage and compact single family development expired in 2008. The proposed ordinance would delete Chapter 18.120 from the Tukwila Municipal Code. SEPA Checklist B. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. C. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. 2. Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. 3. Revise the SEPA ordinance to track development proposals in the Tukwila Urban Center. A Supplemental EIS (SEIS) prepared in 2014 focused on potential impacts associated with increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project -specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. D. Proposed Title 19 Sign Code Changes 1. Remove references to political signs in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. 2. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum otherwise allowed. 3. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. 4. Allow one additional building mounted sign for multi -tenant complexes which do not qualify for the master sign program. 2016 HOUSEKEEPING CODE AMENDMENTS SITE APN: PROJ-00007 APPROVED PARENT PROJECT NO: PL16-0008 PROJECT NO: L16-0010 ��0 1-LA:wq�, °j� , �' .4t. i rO x':i2 29oa. j Tukwila City Council Agenda + REGULAR MEETING •❖ Allan Ekberg, Mayor Counci/members •3 Dennis Robertson •S Verna Seal •• David Cline, City Administrator ❖ Kathy Hougardy De'Sean Quinn Joe Duffie, Council President ❖ Kate Kruller ❖ Thomas McLeod Monday, May 16, 2016; 7:00 PM • Ord #2499 • Res #1881 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Recognize the promotion and swearing in of Commander Doug Johnson (Badge #102). Mike Villa, Police Chief b. Life-saving medal awarded to Officer Jami Suede! (Badge #212). Mike Villa, Police Chief. c. 2015 Police Department Annual Report. Mike Villa, Police Chief d. Homelessness in Tukwila schools. Keri Williams, Program Director, Enterprise Community Partners, Inc. Mary Fertakis, Tukwila School District Board Director Jonathan Houston, McKinney-Vento Liaison, Tukwila School District 3. APPOINTMENTS/ PROCLAMATIONS a. Appointments: (1) Confirm the appointment of Joseph Todd to the position of Technology Services Director. (2) Arts Commission. Confirm the appointment of Sheila Coppola to Position #2 on the Arts Commission, with a term expiring 12/31/18. (3) Human Services Advisory Board. Confirm the appointment of Charis Hnin to Position #3 on the Human Services Advisory Board, with a term expiring 4/30/18. b. Proclamations: (1) A proclamation declaring May 15-21, 2016 as "Affordable Housing Week." (2) A proclamation declaring May 15-21, 2016 as "Emergency Medical Services Week." (3) A proclamation declaring May 15-21, 2016 as "National Public Works Week." (4) A proclamation declaring May 17, 2016 as "Peace Officers' Memorial Day." Pg.1 Pg.5 Pg.5 Pg.21 Pg.23 Pg.25 Pg.27 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. (Refer to back of agenda page for additional information.) (continued...) REGULAR MEETING Monday, May 16, 2016 Page 2 4. CONSENT AGENDA a. Approval of Minutes: 5/2/16 (Regular) b. Approval of Vouchers c. Accept as complete the 42nd Avenue South Roadside Barrier Project (contract #16-001) with Dirt and Aggregate Interchange, Inc., of Fairview, Oregon; authorize release of retainage subject to the standard claim and lien release procedures (final cost of project: $71,336.50). [Reviewed and forwarded to Consent by the Transportation Committee on 5/2/16.1 d. Authorize the Mayor to sign Supplement No. 1 to contract #15-192 with KPG, Inc., for construction management services for the 2016 Overlay and Repair Program in the amount of $155,992.36. [Reviewed and forwarded to Consent by the Transportation Committee on 5/2/16.1 e. Authorize the Mayor to sign an asset transfer agreement between the City of Tukwila and Seattle Southside Regional Tourism Authority relating to City assets utilized by the Seattle Southside Visitor Services division previously operated by the City of Tukwila. [Reviewed and forwarded to Consent by the Finance and Safety Committee on 5/3/16.1 f. Authorize the Mayor to sign an application for Community Develop- ment Block Grant funds for the 2017 Minor Home Repair Program to serve the cities of Tukwila, SeaTac, Des Moines, and Covington in the amount of $125,000.00. [Reviewed and forwarded to the Consent Agenda by the CommunityAflairs and Parks Committee on 5/9/16.1 Authorize the Mayor to sign a contract with Mette Hanson, M.S., for interpretive design services for the Duwamish Hill Preserve Project in the amount of $48,298.00. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 5/9/16.1 h. Authorize the increase of .5 FTE to the Golf Course Pro Shop utilizing existing funds from the 2016 budget. (No impact to the General Fund; current operating budget will cover cost.) [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 5/9/16.1 i. Authorize the Mayor to sign a lease agreement with the Tukwila Historical Society for use of the former Tukwila grade school/Tukwila City Hall building (located at 14475 59th Avenue South) for a heritage and cultural center to provide community service, strengthen City tourism, and foster civic pride for a period of up to 15 years. [Reviewed and forwarded to Consent by the Committee of the Whole on 5/9/16.1 g. (continued..) Pg.29 Pg.37 Pg.55 Pg.69 Pg.85 Pg.99 Pg.105 REGULAR MEETING Monday, May 16, 2016 Page 3 4. CONSENT AGENDA (cont.) j. Authorize the Mayor to sign a contract with David Evans and Associates, Inc., for GIS inventory services related to the Sewer and Surface Water GIS projects in the amount of $287,896.00. [Reviewed and forwarded to Consent by the Utilities Committee on 5/10/16.] k. Authorize the Mayor to sign a contract with Lakeside Industries for the 2016 Overlay and Repair Program in the amount of $1,277,956.80 (plus contingency). [Reviewed and forwarded to Consent by the Transportation Committee on 5/16/161 Pg.117 Pg.141 5. UNFINISHED BUSINESS Housekeeping code amendments: (1) An ordinance amending Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified in Tukwila Municipal Code Title 17, "Subdivisions and Plats," at Section 17.14.050, to make the expiration of plats consistent with state law. (2) An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 18, "Zoning," to remove the various lists of "uses" from multiple sections of Title 18 and to replace the lists with an inclusive table of uses, and to incorporate a variety of housekeeping code amendments. (3) An ordinance amending Ordinance Nos. 2469 §1, 2375 §5 and §8, 2303 §3 and §5, and 2409 §1, as codified in Tukwila Municipal Code Title 19, "Sign and Visual Communication Code," at various sections, to incorporate a variety of housekeeping code amendments; repealing Ordinance No. 2303 §7. (4) An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 21, "State Environmental Act Policy," to incorporate a variety of housekeeping code amendments; establishing new policies relating to environ- mental review for development in the Tukwila Urban Center. Pg.155 Pg.157 Pg.159 Pg.201 Pg.211 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.217 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk©TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in altemate formats with advance notice for those with disabilities. 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 5 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. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on 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 that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th 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 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Aleeting Date Prepared b) ,IIuj'or'.r review Council review 05/09/16 MD Ai 4,-0 05/16/16 MD , 4(. yn.z -. ITEM INFORMATION ITEM NO. 5 STAFF SPONSOR: JACK PACE ORIGIN,AI, AGENDA DATE: 5/9/16 .\(;I:NI).\ 1•1.1•:;v Tril.l•: 2016 Municipal Housekeeping Code. Code Amendments to Title 17, 18, 19 and 21 of the Tukwila C..\'1'I{(;()R1' ►1 Dirc:0140H 05/09/16 III motion Date E Resolution .1lts Date I I Ordinance ❑ Bid Award Altg Date Public Hearirn° ❑ Other tlltg Date .1It; Date AIts Ali, Dale 5/16/16 AL Date 05/09/16 SP( )NSOR ❑ Coanri/ f A1al;or ❑ HR 1 DCD ❑ Finance ❑ I~ire [ TS ❑ P&R ❑ Police ❑ Pli`" SiONSc w'S Hold the public hearing on the proposed housekeeping code amendments to Title 17, 18, SI'`1,`I \Rl' 19 and 21 of the Tukwila Municipal Code. After the public hearing the Committee of the Whole can forward the proposed amendments for adoption on May 16, 2016. RI{v'11•:vy•Iu liv" ❑ CC)\V NItg. Utilities Cmte 1) \TE: 04/25/16 11 (2A&P Cmte [_ F&S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/A[WIN. C) IN Department of Community Development 1'FIVE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE i XI'NNDI'I't'RI? REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: ('omncents: MTG. DATE RECORD OF COUNCIL ACTION 05/09/16 Public Hearing on the proposed amendments 5/9/16 Forward to the next Regular Meeting MTG. DATE ATTACHMENTS 05/09/16 Informational Memorandum dated 5/4/16 Attachment A: List of definitions associated with an assisted living facility Attachment B: List of uses that are proposed to be replaced with a matrix Draft Ordinances: Title 18 with Exhibit A and B; Title 17, Title 21, Title 19 Minutes from the Planning Commission meeting of 03/24/16 M Minutes from the Community Affairs and Parks Committee meeting of 04/25/16 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE, NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval 5-11-16 Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter is submitted to the Tukwila City Council for approval within seven years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten years from the date of the preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The hearing body of the preliminary approval may approve one extension not to exceed one year. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 4. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval 5-11-16 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintains a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery/taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non -conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre-existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single-family dwelling design standards apply to accessory structures requiring a building permit; and W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a pulblic hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS:. Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," at TMC Section 18.06.708, "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total units. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. Section 3. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18-6, "Land Uses Allowed by District." [attached hereto as Exhibit A] Refer to Table 18-2, `Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit 8] Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 o..... A ..f 7a Section 6. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TMC 18.18.030 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.18.040, Conditional Uses 2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.20.020, Permitted Uses 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified at TMC 18.20.020 at TMC 18.20.030 at TMC 18.20.040 at TMC 18.20.050 W: Word Processing1Ordinances\Title 18-Zoning issues 5-11-16 The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135§9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\OrdinanceslTitle 18-Zoning issues 5-11-16 Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.26.020, Permitted Uses 2368 §22 2287 §15 2251 §35 2021 §3 1986 §8 1971 §11 1830 §17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18-2 within TMC Chapter 18.28, is hereby amended to update Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. W: Word Processing \Ordinances\Title 18-Zoning issues 5-11-16 Section 14. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses," except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. W: Word Processing\ordinances\Title 18-Zoning issues 5-11-16 Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (C/LI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified at TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 ,-___ en _tnc, Section 16. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 18.34.030, Accessory Uses 2251 §48 1971 §55 1758 §1 (part) as codified at TMC 18.34.030 18.34.040, Conditional Uses 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land (Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 18. TMC Chapter 18.36, "Manufacturingllndustrial Center — Light (MIC/L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified at TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.38, "Manufacturing/Industrial Center — Heavy (MIC/H) District" Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974 §11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251 §55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 18.40.040, Conditional Uses 2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 (part) as codified at TMC 18.41.030 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 Section 22. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 23. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including accessory structures that require a building permit, must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either Toad bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16. 0 on Section 24. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off -Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby 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 that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner approval for the entire parking lot. 2. MINIMUM PARKING. 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. 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. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 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 the Community Development Director 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. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 9. OBSTRUCTIONS. No obstruction that 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 STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 D-,no `)(1 of ')R Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing Examiner under such conditions as the Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 3 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing Examiner may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. W: Word Processing \Ordinances\Title 18-Zoning issues 5-11-16 Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing Examiner may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations. 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. W: Word Processing\ordinances\Title 18-Zoning issues 5-11-16 Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit that has been denied may not be resubmitted within six months from the date of the Hearing Examiner's disapproval. Section 31. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 32. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improveiments in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 Dmrita 7d of 7F Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations — Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, the hearing body shall make and enter findings of fact and conclusions from the record that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 34. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings — Preliminary Plats When the hearing body makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant: facts, including sidewalks and other planning features that assure safe walking condlions for students walking to and from school. 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing body finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 ..__ nr _rnn_ Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 36. 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 37. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Table 18-6, "Land Uses Allowed by District" Exhibit B — Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" W: Word Processing \Ordinances\Title 18-Zoning issues 5-11-16 Puna 9R of 9R Exhibit A to Title 18 Ordinance Table 18-6: Land Uses Allowe TS GOD O x a tna am a a a a a a a a a a a u aD 0 0 a a a a a O. a s a s D u x LI 2 a D a U 0- a s a D 0 f a D a U a a s a D q a D u u a 0- a a s a a a a D U a D U 0 U a a a a s a a a a D U u a D 0 0 a a a a a s a a a V) o6 ¢ D U z¢ u 0 a a a a a s 0- a a Q u I.) ¢ u U a a a a a s a a a V) CZ ¢ u 0 2 a 0- a (1.¢ a a 0- V a a CI- 0 O < a a a u 0 = ¢ a a U a a a u 0 x ¢ a u v A&S 0 ce C f ¢ a U U A&S U o ¢ a u v) oti U Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 66); S=Special Permission (Administrative approval by the Director) ult day care ult entertainment (subject to location restrictions1) ports, landing fields and heliports (except emergency sites) iusement Parks imal rendering imal shelters and kennels, subject to additional State and local regulations is than 4 cats/dogs =no permit) J imal Veterinary, including associated temporary indoor boarding; access to arterial required tomobile, recreational vehicles or travel trailer or used car sales lots 2 tomotive services, gas (outside pumps allowed), washing, body and engine )air shops (enclosed within a building), and alternate fueling station (not olesale distribution facilities). auty or barber shops J and breakfast lodging for not more than twelve guests5 and breakfast lodging (no size limit specified) ycle repair shops E O O O O 0. O v arding Homes 'w Pubs s stations Dinet shops or carpenter shops employing less than five people -go containers (*see also 18.50.060) -Went manufacturing ineteries and crematories = Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC .66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Illeges and universities C C C C C C C C C6 C6 C P Immerciallaundries P P P P P P P immercial Parking p7 p7 p7 p7 p7 p8 p8 p$ Imputer software development and similar uses P P P P P P P P P 9 Clo P P P Intractor storage yards P P P P P P mtinuing care retirement facility. C C C C C C C P Invalescent & nursing homes & assisted living facility for not more than 'elve patients C P P P C P P P P P P invalescent & nursing homes & assisted living facility for more than twelve tients C C C C C C C P invention facilities P P P P P P P irrectional institutes U11 U U U iycare Centers (not home -based) P P P P P P P P P P P P P P P iycare Family Home (Family Child Care Home)12 A A A A A A A A A A A version facilities and diversion interim services facilities south of Strander id U Irmitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 ive-in theatres C C C C C C veiling — Detached Single family (Includes site built, modular home or new 3nufactured home). One detached single family dwelling per existing lot rmitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P pia yelling- Detached Zero -Lot Line Units P veiling- Duplex, triplex or fourplex or townhouse up to four attached units. P yelling- Townhouses P veiling —Multi -family P p15 Pla veiling — Multi -family units above office and retail uses P P P P C16 22/ ac Pla ✓elling —Senior citizen housing, including assisted living facility for seniors >e purpose section of chapter, uses sections, and development standards. P meeting den16 ity and sall other MDR standards P 60/ac P 60/ac P 60/ ac P 60/ ac P 60/ac C 100/ ac 14 P ✓elling unit — Accessory 17 A A A A A A A A A Page 2 Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC ,66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L 1 LI HI MIC/L MIC/H TVS TSO PRO ctrical Substation — Distribution C C C C C C C C C C C C C C P ctrical Substation — Transmission/Switching U U U U ctric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P ctric Vehicle Charging Station — Level 3, battery exchange stations, and rapid Irging stations. (TMC 18.50.140) A A A A A A P P P P P P P P P P ,ential public facilities, except those uses listed separately in any of the other ies U U U U U U U U U ended -stay hotel/motel P P P P P P P ming and farm -related activities P P ancial, banking, mortgage, other services P P P P P P P P 9 P 3 C C4 P P e& Police Stations C C C C C C C C C C C C C C C P -it, radio or television repair shops/rental shops P P P P P P P P P eternal organizations P P C P P P P P P P P Izen food lockers for individual or family use P P P P P P P P rage or carport (private) not exceeding 1,500 sq./ft on same lot as residence i is subject to the regulations affecting the main building. A A ?enhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A A ?enhouses or nurseries (commercial) P P P P P P P P P zardous waste treatment and storage facilities (off -site) subject to npliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C avy equipment repair and salvage P P P P P P lipads, accessory C me Occupation *see definition and accessory use A A A A A A A A A A spitals C C C C C C C C P spitals, sanitariums, or similar institutes C tels P P P P P C C P P droelectric and private utility power generating plants U U U U U U U U lustries involved with etching, film processing, lithography, printing and alishing P P P P P P P P P ernet Data/Telecommunication Centers C P P P P P P P idfills and excavations which the responsible official, acting pursuant to the to Environmental Policy Act, determines are significant environmental ions U U U U U U U U U U U U U U U indries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P raries, museums, or art galleries (public) C C P P P C P P P P P P P P P P [nut/Mobile home park'$ C P Page 3 = Permitted outright; A = Accessory (customarily appurtenant and incidental la permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 1.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS ISO PRO 'anufacturing and industrial uses that have little potential for creating off -site )ise, smoke, dust, vibration or other external environmental impacts or ,llution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P19 P P P P P P P P P B) 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 P19 P P P P P P P P P C) 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 P19 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, Overages, candy, canned or preserved foods, dairy products and byproducts, )zen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included P P P P ii)) No fermenting and distilling Pig P P P P P anufacturing and industrial uses that have moderate to substantial potential r creating off -site noise, smoke, dust, vibration or other external Ivironmental impacts: A) 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) C C P C P C B) 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 C C P C P C C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical P P P P P C Page 4 Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P rnufacturing, refining or storing highly volatile noxious or explosive products ;s than tank car lots) such as acids, petroleum products, oil or gas, matches, tilizer or insecticides; except for accessory storage of such materials U U U U irijuana producers, processors, or retailers (with state issued license) P P p20 iss transit facilities U U U U U U U U U U U U U U U U !dical and dental laboratories P P P P P P P P P nor expansion of an existing warehouse 21 S Irtician and funeral homes P P P P P P C Itels P P P P P C C P P vie theaters with three or fewer screens P rvie theaters with more than 3 screens 22 S ices including: medical, dental, government (excluding fire & police stations), Ifessional, administrative, business, e.g. travel, real estate & commercial z3 P P P23 P24 p p P P P 9 P9 C10 P25 z6 C P P ice or sample room for wholesale or retail sales, with less than 50% storage warehousing P tpatient and emergency medical and dental services C3 C4 .k & ride lots C C C C C C C C C C C C king areas A A A A A A A A A A A A A A A A .ks, trails, picnic areas and playgrounds (public), but not including usement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P ronbroker C C P P P P P nned Shopping Center (mall) p p P P P P P27 mbing shops (no tin work or outside storage) P P P P P P P P iio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C !road freight or classification yards U U U U !road tracks (including lead, spur, loading or storage) P P P P P P :reation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P C3 P P P :reation facilities (commercial — indoor), including bowling alleys, skating ks, shooting ranges C P P P P P P Page 5 = Permitted outright; A = Accessory (customarily appurtenant and incidental la permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 1.66); S=Special Permission (Administrative approval by the Director) LDR MDR HOR MUO 0 RCC NCC RC RCM C/L 1 LI HI MIC/L MIC/H TVS TSO PRO ?creation facilities (commercial — outdoor), including golf courses, golf driving nges, fairgrounds, animal race tracks, sports fields C C C C ?creation facilities (public), including, but not limited to sports fields, Immunity centers and golf courses C C C C C C C C C C C C C C P 2creational area and facilities for employees A A A A A A A A A A A A A alIglous facilities with an assembly area less than 750 sq ft P P P P P P P P P P P ?.ligious facilities with an assembly area greater than 750 sq ft and community inter buildings C C C C C C C C C C C ?ligious facility and community center buildings. C C C ?moval and processing of sand, gravel, rock, peat, black soil and other natural ?posits together with associated structures U U U U U U ?ntal of vehicles not requiring a commercial driver's license P P P P P P P P P ?ntal of commercial trucks and fleet rentals requiring a commercial driver's sense P P P P P P P search and development facilities P P ?sidences for security or maintenance personnel A A A A A A A A A A A A A ?staurants including drive through, sit down, cocktail lounges in conjunction ith a restaurant P P P P P P P P P ?staurants including cocktail lounges in conjunction with a restaurant P P C P ?tail sales of furniture appliances, automobile parts and accessories, liquor, mber/bldg. materials, lawn &garden supplies, farm supplies P P P P P P P P ?tail sales, e.g. health/ beauty aids/ prescription drugs/ od/hardware/notions/crafts/supplies/housewares/ electronics/photo- pip/film processing/ books/magazines/ stationery/ Dthing/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, id similar items. P P P P P P P P C3 C4 P P ?tail sales as part of a planned mixed -use development where at least 50% of oss leasable floor area development is for office use; no auto -oriented retail Iles (e.g., drive-ins, service stations). P P )ck crushing, asphalt or concrete batching or mixing, stone cutting, brick anufacture, marble works, and the assembly of products from the above aterials C C P C P C C Iles and rental of heavy machinery and equipment subject to landscaping quirements of Chapter 18.52* P P P P P P P Ilvage and wrecking operations P P C Ilvage and wrecking operations which are entirely enclosed within a building P P P P :hools and studios for education or self-improvement P P P P P P P P P P 9C10 P28 P P Page 6 Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC .66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO cools, preschool, elementary, junior & senior high schools (public), and uivalent private schools C C C C C C C C C C C P (public only) re community transition facility 29 pu U If -storage facilities P P P P P P P P P wage lift station U U U U U U U P elter P P P P P Ible (private) A30 A30 A30 P >rage (outdoor) of materials allowed to be manufactured or handled within :ilities conforming to uses under this chapter; and screened pursuant to apter 18.52 P P P P P P P P P >rage (outdoor) of materials is permitted up to a height of 20 feet with a ,nt yard setback of 25 feet, and to a height of 50 feet with a front yard :back of 100 feet; security required P P P C C >rm water- neighborhood detention + treatment facilities U U U U U U U P >rm water pump station U U U U U U U Idios—Art, photography, music, voice and dance P P P P P P P P P ✓erns, nightclubs P P P P P p31 P31 P P lephone exchanges P P P P P P P P P P P P eaters, except those theaters which constitute "adult entertainment :ablishments" as defined by this Zoning Code P P P P P P P P32 w-truck operations, subject to all additional State and local regulations P P P P P P P Insfer stations (refuse and garbage) when operated by a public agency U U U U ickterminals P P P P P P ilities, regional C hicle storage(no customers onsite, does not include park -and -fly operations) P Irehouse storage and/or wholesale distribution facilities P P P P P P P P Iter pump station U U U U U U U P Iter utility reservoir and related facilities U U U U U U U reless Telecommunications Facilities (*see TMC 18.58) P P P P P P P P P P P P P P P P P ote: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b .Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 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 one-half 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 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. !. No dismantling of cars or travel trailers or sale of used parts allowed. 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, nagazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, outpatient and .mergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of hose uses. 4. 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, nagazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, financial ervices, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses nd/or the employees of those uses. 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. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. . 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. . Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. . Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, ianufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. Page 8 ). Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, anufacturing or industrial use, 20,000 square feet and over. 1. Correctional institution operated by the City of Tukwila Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. Allowed after residential design manual with criteria for approval is adopted by ordinance. 5. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and MC Section 18.52.060, 2-4, Recreation Space Requirements. 5. 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 i property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 7. 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. 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. ). NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may anufacture, 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 by products, 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. ). Where the underlying zoning is HI or TVS Page 9 21. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 23. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. 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, 25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 26. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 27. Planned shopping center (mall) up to 500,000 square feet. 28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. Page 10 I 1 a8zd •sluawgsllqulsa luawu!tlaalua Ilnpu 2u!pnlou! lou `dluo saaueuuojiad anll ao3 saalta a •Z£ sgnlo lypu oN. • LE •lo' awus am uo paMopu aq Buys sluw!uu pauoguaw anogt amp o jo luloi u imp aaow lou lnq `tact ainlsud puu alquls jo raj aaunbs 000`0Z yaua ao•1 Xuod ao alnw `asaoq auo uugl wow lou ao3 ,Ci!audto ap!nold Nuys 11 •au!11o1.1uaz .10 ap!s u wag raj 0£ uugl ssal JOU au!1 to! luoa3 wag raj Oq uuyl ssa' lou paluao1 J! `alquls altnud •0£ •uoquo!lddt l!waad amp awl' aql lu t!aaluo 2u!l!s agl swim al!s pasodo.ld agl•1! auluualap of uolluaap!suoo ow! ua)lul aq Nuys awl' .13A0 sa!l!l!ae3/sal!s )ls!.13o uo!luaol am puu uaallud luawdolanap agl u! sauugo ,Cuy „•sall!l!ou3 uoll!suwi (l!unwwo3 aanoaS3o uolltoo3 ao3 wand alq!413„ `I I-8I aan;1!3 u! uMoys aat `Z00Z `6I many jo su alqul!unu uolluuuoJu! puu anoqu pals!' uual!.10 8u!l!s alp 2u!,Clddu ,Cq sa!l!l!auj uoq!suu.11 Xl!unwwoo amoas jo uo!luool alp .1oj a'giO11a wand au •p •paltatdas aq of s! asn puu' pasodold am ga!gn+ wo.13 au!' datpunoq lolaislp asn puu' ao , i./adold jo'aonud amp lu!od lsaauau agl of `paluao' aq 0l s! ,Cl!1!au31tuo!l!sutal Xl!unwwoa aanoas am yo!gM uodn laaaud Xpado.ld ay130 mod lsaauau ayl wag am lqpuals t 2u1 Mollo3 dq s! yolym `S8Z•60• IL MD)I of luunsind paysygulsa saullapin2 saolnaas glltaH puu 1ulooS3o luaullaedar .lapun pag!oads su pamsuaw aq pugs u•Z1-00.8£•8I DIALL u! pag!oads saouuls!p agZ •o -sawn.; lions 3o uo!luool ayl aoj a1gl5!1au! slaoaud ,Cq papunouns ,ClalaIdwoo s! lnq `wZI-00.8£•8l DWI aapun palsy upaluo agl 2u!,tlddu ,Cq alq!2!'a paaap!su0 as!Maagl0 s! go!IM pond palt'os! ,Cue uo paMollu aq'luys ,Cl!1!ouJ uo!l!sutal (l!unwwoo amoas oN •uognl!lsu! luuo!loaa.loo .10 Xl!1!au3 ltuo!l!sutal ,C3!unwwoo amoas Ou!ls!xa ,Cut wo.g aj!w auo (£) •sauuagll oignd (5) put `sanbsow puu saldwal `san2o5uuiis `sagoango (;) °sa6luao ICipmwwoo puu ltuo!luana21 (a) `sp'ag sl.lods puu `s1!tal palto!pap ,(Ia!lgnd `sjlaud o!lgnd (P) `saq!'!ou3 loogosaad pasuaoq puu aato ,Cup pasuaaq (a) `.sdols snq loogos (q) `s'oogos altnud put o!lgnd (t) :apn'ou! rip `papuawt st 0Z0.60•IL MJ)I u! paugap SE „,Cl!'!OsJ/,Cl!n!lot lu!lualod 31su„ s Jo ups J0 aull gip u!gl!nn ao `w0JJ 101 2uDlaud ao rags u SSOaot ,t'alt!paww! `ol luaotfpy (Z) •auoz Iu!luap!sal ,CutJo laa3 000`I u!gi!nM ao uI (I) :sllwll ,Cup am ammo .10 u!gllM paltool an sauoz,10 sum `sasn eons .laylagM `sauoz ao staau `sasn 5u!Mo11o3 am wog saouuls!p pag!oads ayl ulyl!M pasnollu aq pugs ,Cl!I!ot3 uo!llsuual ,(l!unwwoo amoas oN t :suo!loulsaa uo!luoo' 2u!Mo11o3 am of loafgns `X.p1!ou3 uo!l!sut.q Xl!unwwoa amoas •6Z Exhibit B to Title 18 Ordinance TUC: Land Uses Allowed By District** (Table 18-2) Jsiness sense P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18-5 or Figure 18-7 Regional Center TOD Pond District Commercial Corridor Work -Place Retails Animal Kennels and Shelters, including doggy daycare C C LOA Athletic or Health Clubs P P P P P Automotive Service and Repair P2 P )0 Banks, Financial, Insurance, and Real Estate Services P P P )30 Bar & Nightclubs P P3 P P ?f. abovet Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls P P P P Bulk Retail P P P Business Services (e.g. copying, fax and mailing centers) P P P P ef. abovet Drive Through Facilities or Services P P3 P P 50A Electric Vehicle Charging Station L1&2 P P P P P i0B Electric Vehicle Charging State L3 A P3 A A A ) Gas Stations, including Car Wash P3 P P General Retail P P P P P ?f. abovet Laundries, Tailors, and Dry Cleaners P P P P P ?f. abovet Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) P P P P ?f. abovet Recreation Facilities (commercial indoor) P P P P LOC Recreation Facilities (commercial outdoor) P ?f. abovet Repair Shops (small scale goods: bicycle, appliance, shoe, computer) P P P P ?f. abovet Restaurants with associated cocktail lounges and sidewalk cafes P P P P Ps ?f. abovet Theaters except adult entertainment p p p 10 Vehicle Rental and Sales (not requiring a commercial DL) P P3 P5 P Veterinary Clinic with temporary indoor boarding and grooming P P P P P Office Professional, Outpatient Medical, Dental, Governmental Services, and Research P P P P P 10 Medical and Dental Laboratories P P P P Lodging af. abovet Hotel, Motel, Extended Stay, Bed and Breakfasts P p p Civic & Institutional )0 Convention & Exhibition Facilities, including multipurpose arena facilities P 133 P Page I tef. abovet Cultural Facilities, including: libraries, museums, art galleries, performing arts centers P P P tef. abovet Daycare Centers P P P P P tef. abovet Education and Instructional Facilities, public and private including college and universities P P P tef. abovet Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers P P P P P i10 Police and Fire Stations C C C P P lusiness icense P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18-5 or Figure 18-7 Regional Center TOD Pond District Commercial Corridor Work -Place Post Office P P P 120E Religious Institutions, greater than 750 sf assembly area C C C C C 120A Religious Institutions, less than 750 sf assembly area P P P P P Industrial, Manufacturing, & Warehouse .90 Cargo Containers subject to TMC 18.50.060 A i50 Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) P tef. abovet Light Industrial: Manufacturing, Processing and Assembling uses that have little potential for creating off -site noise, smoke, dust, vibration or other external impacts or pollution. Manufacturing and processing of food and beverages including fermenting and distilling; with or without a tasting room, provided the tasting room occupies less than 50% of the total area of the building occupied by the tenant but no more than 3500 square feet; and the manufacturing process does not cause off -site impacts to neighboring properties or create a public nuisance. P 190A/B Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 A 160 Self -Storage Facilities P .110 Warehouse Storage and Wholesale Distribution Facilities P Transportation, Communication, & Infrastructure :40 Commercial Parking , day use only P P P P P 170 Essential Public Facilities, except those listed separately UUP UUP UUP UUP UUP Intermodal Transit Stations, Rail transit facilities UUP UUP UUP UUP UUP tef. abovet Internet Data Centers & Telephone Exchanges P '100 Park and Ride Lots UUP UUP UUP UUP '20 Parking Areas A A A A A Public Transit Facilities and Stations (Bus) P P P P P '80 Radio, Television, Microwave, or Observation Stations and Towers C C C C C tef. abovet Utility Facilities, above ground/ not in ROW C C C C P tef. abovet Utility Facilities, underground/in ROW P P P P p .140 Wireless Communication Facilities P7 P' P7 P7 P7 Page 2 Residential 20 Dormitories A A ef. abovet Dwelling: Multi -family, Townhouses, Mixed Use, Senior Citizen Housing P P P P' 10 Home Occupation A A A P° 70 Continuing Care Retirement Community P P Reference the above general zoning code use matrix for specific business license code. See TMC 18.28.260 for District specific parking standards. 1. Minimum interior height for ground level retail of all types is 18 feet from floor to floor plate. Use conversions in existing buildings are not required to meet this standard. 2. New businesses are limited to locations within the Freeway Frontage Corridor. See additional design standards in the Southcenter Design Manual. 3. East of the Green River only. 4. Only on properties fronting the Green River or Minkler Pond. 5. Excludes vehicle storage or maintenance. 6. 3,500 sf max per use. 7. Subject to TMC 18.58. Page 3 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "S'gGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non-commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi -tenant buildings that do not qualify for the Master Sign Program by allowing one additional building -mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 4. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Land use notice boards per TMC Section 18.104.110. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 7. Text or graphics on umbrellas located in outdoor seating or plaza areas. 8. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 9. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building -mounted plaque; and b. Each residential property shall be permitted four signs that are temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6 square feet. 10. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 11. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under TMC Section 19.24.060. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 7. The use of portable signs or other similar devices, unless permitted under TMC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission. Section 3. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant an extension if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19„20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercialllndustrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush -mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. W: Word Processing\Ordinances\Titie 19-Housekeeping re Sign Code issues 5-11-16 _cn Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MICIH District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed 10 square feet or one-third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones F. Pedestrian Oriented Building -Mounted Signs. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. W: Word Processing\Ordinances\Title 19-1-lousekeeping re Sign Code issues 5-11-16 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional Temporary Signage Each business operating within the City shall be permitted one additional temporary sign permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. B. The City may approve the use of portable signs if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 p.,,,,o F: of Q 6. The signs can be safely displayed and placed. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building signs located on the same exposed building face so long as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. g. Lighting of billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. b. All pruning is done by the applicant and all cost is borne entirely by the applicant. c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed, thereby eliminating TMC Section 19.24.090. Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 12. 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 13. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues 5-11-16 City of Tu ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project -specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies 5-11-16 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (1)(b)(i) and WAC 197- 11-800(1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197-11-800 (1)(b)(iii) up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(iv), up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197-11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197-11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Ptanned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified" uses are not planned actions); and W. Word Processing\Ordinances\Title 21-Environmental & SEPA policies 5-11-16 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440; and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21 C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21C.031(2)); c. a conditional or unclassified use, in the respective MIC/L or MIC/H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21,.04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project -specific SEPA-based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. W: Word Processing\OrdinanceslTitle 21-Environmental & SEPA policies 5-11-16 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.06.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA — Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Plan 7. Shoreline Master Plan 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats — TMC Title 17 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan 15. Zoning Code — TMC Title 18 W: Word Processing1Ordinances\Title 21-Environmental & SEPA policies 5-11-16 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies 5-11-16 City of Tukwila Washington Ordinance No. v?.S& AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project -specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Munickpal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (1)(b)(i) and WAC 197- 11-800(1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197-11-800 (1)(b)(iii) up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(iv), up to 12,000 square feet, and up to 40 parking spaces. 4. For parking Tots in WAC 197-11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197-11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Planned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified" uses are not planned actions); and 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440; and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21 C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21C.031(2)); c. a conditional or unclassified use, in the respective MIC/L or MIC/H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21.04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project -specific SEPA-based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. �r:u_ n, C_..:............MI 9 QCOA LZ 11 1R 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.06.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA — Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Plan 7. Shoreline Master Plan 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats — TMC Title 17 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan 15. Zon6ng Code — TMC Title 18 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 five 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 J / ci T» day of ), 2016. ATTEST/AUTHENTICATED: CIF O lahert M Christy y, MC, Cit lerk All :erg, yor APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: -113 Passed by the City Council: Published: Effective Date: Ordinance Number: , (-)a City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499-2502. On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 19, 2016 City of Tukwila Washington Ordinance No. acre I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non-commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi -tenant buildings that do not qualify for the Master Sign Program by allowing one additional building -mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a pubic hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 4. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Land use notice boards per TMC Section 18.104.110. 7. Text or graphics on umbrellas located in outdoor seating or plaza areas. 8. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 9. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building -mounted plaque; and b. Each residential property shall be permitted four signs that are temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6 square feet. 10. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 11. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under TMC Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission. Section 3. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant an extension if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush -mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 -1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 -100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed 10 square feet or one-third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones F. Pedestrian Oriented Building -Mounted Signs. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet iin width and provided with permanent irrigation. Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional Temporary Signage Each business operating within the City shall be permitted one additional temporary sign permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. B. The City may approve the use of portable signs if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building signs located on the same exposed building face so long as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. .......__a r,_ .•--.•._J: .Tou.. 4n c a 1 4c f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. g. Lighting of billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. b. All pruning is done by the applicant and all cost is borne entirely by the applicant. c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed, thereby eliminating TMC Section 19.24.090. Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 12. 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 13. 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 five 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 1 19T14- day of YY\ ci� , 2016. ATTEST/AUTHENTICATED: dj1:2 Chnsty O' herty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Ilan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: pSnt %1V. %nl....1 0 •.....V1..J:...,..neEAT:Hn 10_1JnnecL n:nn r Cinn Cn,ic i¢m me F_11_1R City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499-2502. On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 19, 2016 City of Tukwila Washington Ordinance No. c25rD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintains a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery/taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non -conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre-existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single-family dwelling design standards apply to accessory structures requiring a building permit; and WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," at TMC Section 18.06.708, "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total units. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. Section 3. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18-6, "Land Uses Allowed by District." [attached hereto as Exhibit Al Refer to Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit B] Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section 1:o read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 6. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 f. IAt.._.1 O .....1lt..4i.,ne..eclT:He 10_7nninn iccnec r,_11_1R 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified al TMC 18.18.030 18.18.040, Conditional Uses 2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.20.020, Permitted Uses 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TMC 18.20.020 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TMC 18.20.030 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified at TMC 18.20.040 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified at TMC 18.20.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\OrdinancesWitle 18-Zoning issues 5-11-16 Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.26.020, Permitted Uses 2368 §22 2287 §15 2251 §35 2021 §3 1986 §8 1971 §11 1830 §17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18-2 within TMC Chapter 18.28, is hereby amended to update Table 18-2, `Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. Section 14. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses," except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. W: Word Processing Ordinances\Title 18-Zoning issues 5-11-16 Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (C/LI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified at TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 16. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 18.34.030, Accessory Uses 2251 §48 1971 §55 1758 §1 (part) as codified at TMC 18.34.030 18.34.040, Conditional Uses 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 18. TMC Chapter 18.36, "Manufacturing/Industrial Center — Light (MIC/L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified ai. TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.38, "Manufacturing/Industrial Center — Heavy (MIC/H) District," Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974 §11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251 §55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 18.40.040, Conditional Uses 2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 (part) as codified at TMC 18.41.030 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W Wnrri Prnraccinn\(lrriinanrac\Titles 1R-7nnina issues 5-11-16 Section 22. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 23. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including accessory structures that require a building permit, must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. Section 24. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off -Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby 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 that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner approval for the entire parking lot. 2. MINIMUM PARKING. 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. 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. W: Word Processing\Ordinances\Title 18-Zoning issues 5-11-16 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 the Community Development Director 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. Ail 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. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 9. OBSTRUCTIONS. No obstruction that 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 STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing Examiner under such conditions as the Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 3 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing Examiner may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. 1AI• \Alnrd Prnrcccinn\rIr`iinanrac\Ti}IP 1R-7nninn ISSUES S-11-16 Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing Examiner may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations. 5. That the use for which the approval was granted was so exercised as to be detrimental to the ;public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit that has been denied may not be resubmitted within six months from the date of the Hearing Examiner's disapproval. Section 31. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 32. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations — Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, the hearing body shall make and enter findings of fact and conclusions from the record that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 34. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings — Preliminary Plats When the hearing body makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school. 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing body finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. tAt• tfL.rrl orr,r.occinn\(krlin.nrocTfifln 1R_7nninn iccitoc 6_11_1R Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 36. 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 37. 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 five days after passage and publication as provided by law. PASSED BY THE CITY CO CIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /h1"H- day of �a , 2016. ATTEST/AUTHENTICATE Christy O'Flaherty, MMC, City clerk AI an Ekberg, Mayor APPROVED AS TO FORM BY: Rachel B. Turpi'n, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: „ Sr ) b 010. Attachments: Exhibit A — Table 18-6, "Land Uses Allowed by District" Exhibit B — Table 18-2, `Tukwila Urban Center — Land Uses Allowed by District" Exhibit A to Title 18 Ordinance a) 4y 0 ro 'O Q az v, 1- a) a) QO O N O N -C oo ,9U Nimi I: CJ a) F. -4-' c •� .. — ) y a) sr o n 0 01 U 4 74 0 r O O onro 6 w al 1.° �••� v • is N U 00 al) U rl 0 U Q) b .w U "CS ; O GC 10 aa)) V r24 t a) a w ▪ O cd U,, o Nal Ci c) RS cv =S a) tall i. a) im a) L1 3.. a) N MI 03 00 Table 18-6: Land Uses Allowe O 0 z O. oa a M a a a a a a a a a a a U a D u 0 a a a a a s a a a a m u x v i a m a U a a s a n u 2 a D a u a a s a = a D U U a a a a a. a a a a m 0 a D UM 0 a a a a a. a a a a m U u a M u 0 a a a a a s a a a N CZ Q D U 0Q cc 0 u a 0- a a a s a a a N QS U a Q U U a 0- a a a 0_ a a a N Q U u 2 a a 0. a Q . a 0. a sa a a U 0 Q a a a u 0 2 a a U a a a U z o Q a 0 U A&S U z o i Q a 0 0 A&S U ce O Q a U N Q U rmitted outright; A = Accessory (customarily appurtenant and incidental ermined use) ; Inditionai (subject to TMC 18.64); U = Unclassified (subject to TMC I; S=Special Permission (Administrative approval by the Director) day care entertainment (subject to location restrictionsl) J ts, landing fields and heliports (except emergency sites) zment Parks it rendering it shelters and kennels, subject to additional State and local regulations han 4 cats/dogs =no permit) it Veterinary, including associated temporary indoor boarding; access to erial required iobile, recreational vehicles or travel trailer or used car sales lots 2 iotive services, gas (outside pumps allowed), washing, body and engine shops (enclosed within a building), and alternate fueling station (not sale distribution facilities). y or barber shops id breakfast lodging for not more than twelve guests5 id breakfast lodging (no size limit specified) repair shops E 0 O O 0 O- O ing Homes sqnc in C O Y f6 ?t shops or carpenter shops employing less than five people containers (*see also 18.50.060) It manufacturing :eries and crematories 0 z a o a a a a a a a Q m Q a ' a a a Q ad an U aU a� Q Q U a r4UUf0 ° UU ti Q is y i U a a D a V a a V a a U 0- a 0- a a 0 a m Q U C5 U a a a a a 0 s Q U Z.?U 0- ^a a a U a U 0- a 0 Q U uU a a a U a U 0- a Q Q U a u a o 0 U a a a U 0- U 0- a < Q U a u a o LO U z U a U a U a Q m a a a 0 u f0 Q U 0- U a Q Q a a Q O U p_ a U 0- U a Q m a Q U N a U a U a < Q a a U a o LID Q co a a a Q U a a s @ a o lD Q i 0 a < U 0- a 0- = Y 12 a ,t-0 v-0-C C v c o 2 c C0 n' co VI < c J < U a Q mitted outright; A = Accessory (customarily appurtenant and incidental rmitted use) ; iditional (subject to TMC 18.64); U = Unclassified (subject to TMC S=Special Permission (Administrative approval by the Director) !s and universities ercial laundries ercial Parking 'ter software development and similar uses ctor storage yards ,ping care retirement facility. escent & nursing homes & assisted living facility for not more than patients escent & nursing homes & assisted living facility for more than twelve :s rtion facilities tional institutes e Centers (not home -based) e Family Home (Family Child Care Home)12 on facilities and diversion interim services facilities south of Strander ory V 0.2 ++ G) a) L Y G 1g— Detached Single family (Includes site built, modular home or new )ctured home). One detached single family dwelling per existing lot ted in MUO, 0, RCC, NCC, TVS. ig- Detached Zero -Lot Line Units ig- Duplex, triplex or fourplex or townhouse up to four attached units. ig- Townhouses ig —Multi-family ig— Multi -family units above office and retail uses ig—Senior citizen housing, including assisted living facility for seniors arpose section of chapter, uses sections, and development standards. ig unit — Accessory 17 0 0. a aa D a a D a s a a a a a a U< a a a a a s uD a a D a s a U a a a a a < U v aD a a D a s S .+ 2 U D a a D U U u a U D a a D a s 2 U a a ....... v U a u D a a D a s = u D a a D a a u a a a a U 0- U Q. D a a D a. a U a 0- n a a U a a a 0- a U a D a a n a s u 0 a a D a a u a a a a a U a D a a D a Q. z U a a D a a U a a a a < u a D a D Q. a z u a a D a a 0 a a a a U a D a, 0 D a s U z u a a a 0 a a a a < D a s za < u a U a < D a U o U a < a U a < U D a s 0 c U a < a U a Q < U D a s cc z 0 U < < U < < < D U U cc rmitted outright; A = Accessory (customarily appurtenant and incidental ermitted use) ; Inditional (subject to TMC 18.64); U = Unclassified (subject to TMC l; S=Special Permission (Administrative approval by the Director) ical Substation — Distribution ical Substation —Transmission/Switching is Vehicle Charging Station — Level 1 and Level 2 lc Vehicle Charging Station — Level 3, battery exchange stations, and rapid ng stations. (TMC 18.50.140) tial public facilities, except those uses listed separately in any of the other Jed -stay hotel/motel ig and farm -related activities ;ial, banking, mortgage, other services c 0 Y f0 1 a) U_ o a radio or television repair shops/rental shops nal organizations food lockers for individual or family use e or carport (private) not exceeding 1,500 sq./ft on same lot as residence subject to the regulations affecting the main building. houses (noncommercial) and storage sheds not exceeding 1,000 sq./ft houses or nurseries (commercial) Jous waste treatment and storage facilities (off -site) subject to iance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) equipment repair and salvage ds, accessory Occupation *see definition and accessory use m :als, sanitariums, or similar institutes electric and private utility power generating plants ries involved with etching, film processing, lithography, printing and hing — - et Data/Telecommunication Centers Its and excavations which the responsible official, acting pursuant to the Environmental Policy Act, determines are significant environmental ries; self -serve, dry cleaning, tailor, dyeing es, museums, or art galleries (public) f./Mobile home park18 0 z a a I - a a a a a a a a U u u u x: Y a a a a a a a ii a a a a u u a a y a a a a a a a a _3 a a a a u u a a u a a a a u u u a iia IY a a a u 0 a a a a U u Li z m a m ~0. rn ~a m a 0 0 z 0 0 Z i c 0 x z 0 i z 0 -mitted outright; A = Accessory (customarily appurtenant and incidental !rmitted use) ; nditional (subject to TMC 18.64); U = Unclassified (subject to TMC ; S=Special Permission (Administrative approval by the Director) acturing and industrial uses that have little potential for creating off -site smoke, dust, vibration or other external environmental impacts or 9n: Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs 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 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 Manufacturing, processing, packaging of foods, such as baked goods, ages, candy, canned or preserved foods, dairy products and byproducts, foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included ii)) No fermenting and distilling acturing and industrial uses that have moderate to substantial potential ating off -site noise, smoke, dust, vibration or other external lmental impacts: 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) 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 Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging Manufacturing, processing, assembling and/or packaging of electrical 0 z 0 3- 0 D Sa D a in U a 0. vi a U< a a a 0- U a a D a D a a s a U < 0- a a a UM a 0- a o F Cl- D D U a U vU U< a U D a a o 2 U D U Q o.J U U< a U 0 a U E. 0 a D a a s a U< a a a a U 0 a a 7 D a a s a U< a a a a U a s a u D 0- a s a U< a a a a U a s a 0 CZ 0 a a s a U< a U n. a U a a z 0 0- a s a U< a U a a U a a 2 a a U< a a U a U z 7 a < a U o D a a U< a U 0- 0 7 0 a m r, U< a U a K o s 0 < a U z o D < a U z 0o D < a U rmitted outright; A = Accessory (customarily appurtenant and incidental ermined use) ; nditional (subject to TMC 18.64); U = Unclassified (subject to TMC S=Special Permission (Administrative approval by the Director) or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering racturing, refining or storing highly volatile noxious or explosive products han tank car lots) such as acids, petroleum products, oil or gas, matches, er or insecticides; except for accessory storage of such materials Tana producers, processors, or retailers (with state issued license) :ransit facilities al and dental laboratories expansion of an existing warehouse 21 :ian and funeral homes theaters with three or fewer screens theaters with more than 3 screens 22 s including: medical, dental, government (excluding fire & police stations), sional, administrative, business, e.g. travel, real estate & commercial or sample room for wholesale or retail sales, with less than 50% storage .ehousing tient and emergency medical and dental services L ride lots N f0 CU m 00 trails, picnic areas and playgrounds (public), but not including !ment parks, golf courses, or commercial recreation tll Y 0 3d Shopping Center (mall) ing shops (no tin work or outside storage) television, microwave, or observation stations and towers 1 3d freight or classification yards 3d tracks (including lead, spur, loading or storage) 3tion facilities (commercial — indoor) — athletic or health clubs 3tion facilities (commercial — indoor), including bowling alleys, skating shooting ranges z a a a 1- < a u a a a< a a a U a a v. 0 U < a 0 D a 0- a< a a 0- 0 0- U a a s: u 2i 0 < D 0- 0- < a U a a a a u �: U < m a 0- < a m u a a 0 ti a Y. U u < a u D 0 0- < a 0_ 0_ 0_ a a 0- ::I U 0 < 0. 0 D a 0- < a a a U 0_ 0- a -� u U U < a 0 D 0- a < a 0- a U a a a 2 0 a U Q a U a < 0- a a a `j K U < a U a < a a a a ij) ;z U < a U < a a a °- V cc < a u < U a a 0 U < a U < a a a m 2 0 < a U < a a a a o x U u z 0 U u o U u •mitted outright; A = Accessory (customarily appurtenant and incidental !rmitted use) ; iditional (subject to TMC 18.64); U = Unclassified (subject to TMC ; S=Special Permission (Administrative approval by the Director) tion facilities (commercial — outdoor), including golf courses, golf driving fairgrounds animal race tracks. sports fields lion facilities (public), including, but not limited to sports fields, .,nits centers and eolf courses N 0.1 > Q E Q) 0 N N V f0 w 0I. 0 7 C O us facilities with an assembly area less than 750 sa ft us facilities with an assembly area greater than 750 sq ft and community buildings us facility and community center buildings. 'al and processing of sand, gravel, rock, peat, black soil and other natural is together with associated structures of vehicles not requiring a commercial driver's license of commercial trucks and fleet rentals requiring a commercial driver's -ch and development facilities nces for security or maintenance personnel irants including drive through, sit down, cocktail lounges in conjunction restaurant irants including cocktail lounges in conjunction with a restaurant sales of furniture appliances, automobile parts and accessories, liquor, r/bldg. materials, lawn &garden supplies, farm supplies sales, e.g. health/ beauty aids/ prescription drugs/ iardware/notions/crafts/supplies/housewares/ electronics/photo- 'film processing/ books/magazines/ stationery/ 1g/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, -nilar items. sales as part of a planned mixed -use development where at least 50% of easable floor area development is for office use; no auto -oriented retail e.g. drive-ins service stations). :rushing, asphalt or concrete batching or mixing, stone cutting, brick facture, marble works, and the assembly of products from the above ials and rental of heavy machinery and equipment subject to landscaping ements of Chapter 18.52* re and wrecking operations ;e and wrecking operations which are entirely enclosed within a building Is and studios for education or self-improvement CC a u a a 0 a oU a s a 0- U a a a a a a U 0- Cl_ a U a a 0 a a a a a n s a a u 0 a a a a 0- a D a a a u a a a 1 a 0- a D a a a = a a 0- a s a a D Cl. a a a a a s a a a a CL U a a a a a a a a a a u IX U a a a a a a a a U U a a a a a Cl_ a a u z U 0 » a a a 0 D a u 0 0 0 0 a 0 0 a o U 0 a 0 0 a a 0 0. a. 0 a 0 D a D D a a D D 0. cc A30 cc a 0 0 a Q 0 0 0 0 a o U 7 a Q 0 0 0 D a_ rmitted outright; A = Accessory (customarily appurtenant and incidental ermined use) ; nditional (subject to TMC 18.64); U = Unclassified (subject to TMC S=Special Permission (Administrative approval by the Director) Is, preschool, elementary, junior & senior high schools (public), and ilent private schools community transition facility 29 orage facilities ;e lift station N CO ;e (outdoor) of materials allowed to be manufactured or handled within es conforming to uses under this chapter; and screened pursuant to er 18.52 ;e (outdoor) of materials is permitted up to a height of 20 feet with a card setback of 25 feet, and to a height of 50 feet with a front yard :k of 100 feet; security required water- neighborhood detention + treatment facilities water pump station J s — Art, photography, music, voice and dance .n Y °D lone exchanges . rs, except those theaters which constitute "adult entertainment ishments" as defined by this Zoning Code •uck operations, subject to all additional State and local regulations er stations (refuse and garbage) when operated by a public agency o 0 E'E e storage(no customers onsite, does not include park -and -fly operations) louse storage and/or wholesale distribution facilities pump station utility reservoir and related facilities ,ss Telecommunications Facilities (*see TMC 18.58) C 0 o En s "O g N 0 3 c °>' v'E v;c y a x U o °o a) a ''E' 0 o o ,,:, 0 0 v' 0 �' s a. a cn -o N �. -o 0� o a g O O U a' U m> a.. O p '' O E..�., 00 En' 2 s. a) I. U U o a..a a. V, o E cl o E_ O VI cC U 0 an .� G-.. •O 'O 4. b C -0 G 'O 0 .0 C a al:aC .U+ U cC al T , E CU VIv; 0 3 c P. c 0 >, >, 0 w ° ° > - C -0 E -0 y U O• y .9 c) v 0 iC N �' ap- .a' 0 O' .0 id 0 o, a) I.U. U U a> U a Y 0 o a O v U o v y v 0 O v N_ .0 0 o >,'O 0 .a U p .a. U v .a 3 N 0 0 U O a...‘..--- -p U Cei y 7, a O U N a U U a U 0 3 s.. 0. E..' � v U E y o N o (0. Ui, �.; p. , 0 p. d > w a) o 0 .T+ , N T N 44_, o 7 _ 'O i sU• W a.- •� y E U N O2 r'Jn ca s.. >, ' O o-2 E 5 E Y v, 0. a u, v o a) r0i� O �. -p U 0 a) a ^� �, >, ° i �. ° N ° ' 't7 O C U E .v U E U a. ems°' i o c v E -0 00n •o ° o a)En.= °0 t,c'2 a y °o Cd 3 °' 3 ;_' 0 •y . E° :) N •o 4 CU 0 0 a L. to 0 z o w U U °0 o w °0n.) > °� 0 •3 0u 0 c o a Y 0 v; 00 ° v 00n s> ') m E W N &I _a bA a. L'' 0 a. t 'O — 0 0 0 o 3 .Y 0 0.° 0 a a) o E E be 0b ) E'^ E y O y . p k v cd �• i cC y 'O 'D 2 p ' 0 a) •C y>y U U y, U -O a) 0 .7, 0 U cad .� U 0 -p 0 O 0 z O v C G' w •b y a a) cd T U U . �cw 3>°�E� No°' o° .Y cl Uat O v a. v Rr b cd rn c"ii U O 'p !., I �. a) L O' cd U I.U. 'D -' U >, 7 U U .; U= �+ .v+ Q ct �.Z CU oU u0�o Erb E�y oO�T CCI U '� U O rn '..' .� •C O I.U. ��• ° U 5,1 i x 'O 04 ) o 0 b 3 b a; '°'- o aS `� - 0 y 9 cn"v U s E oc a0i 3- 3_ 'E 0 '- b E ° G c,`�, s. -o O In •O •0q •- -0 oA a�i a wcei W .L.+ cC O cd cad O y>', U .LCI y CCI E a.: v 7b 4-4 0 '� a' — y0 7 s.. 0 N 0 E U 3 Q U U p U a ti N O U O U G 0 Y 'O ." 0 T T L. .n Tri 0p N ry0, .aa) a6. i.0 U V o G] U cn U F. fq U 0 C G vi 4 U N y y Y G 7 0° . L a) 0 s... ° O A. p0 c .. 00 a' U o'a) 3 v, U s. 0 05 o= o 00 00-' 2_ ° o y. o ccczt av) c c s o y > c +-' v cF. v ,Un O >, O L. v 0 _ a. a. • a. a. > N ,04 C 00 a. cd v = ''-' `a `'-' .0 ai v c. ac) Y vc, o - -, E. c°)) w a�i ( o> a-E °E>v °s. a��y�0 io1U) nod 0 o° i° > V. �w c u �� E �U� .� aci v � b� 0po•"Fe y 0.0 o 0o a. --H o a E °° a-0ito a E a0) a o c 0 .� , 0 .g .o ) _ ,, 0 4. a c>i ' o 0 0 a. a. y0 CGO,U a oea— aoi_ y a�i 0n'L 0na)a0) vi 0C. °nE.a E E z .3 cy �_ E c a) 0.- 0 a. 0• 0 v, — aUi O top b v E a' 0 0 c a°)i Isl '�s .0 3 3 a. c 'a •� ° o o ai y = E E o E x° U 0 T o o 6. O v, U y L 6. cd ,� U C U -p O c0 U U° U U • s`-.. c c 0 c: �° ° �'b b ct y 3 a) U U— Y Cu O U a) G C U cC a in -D .0 pap 4�•. O U L. O .0 O k 0 ty p a) tl 3 O' O 0' c a N O r�a�^ a)UO0 c �� i�C. E p c c Esc ° Z L E a vi > 5 v; 0 a) d C fl) c3 a) w y v' U U v' v, U 0 U WI a.) p v' C C �Ui, — C vi t N 'O N U al N U ,' ,v >, 71) 0 0 0 0 0 U E 0 0 0 U E E O 1- 0 0 a. a) U a 0 00 a) F 0 U E c. E O 0 O .F4 0) 1. 0 0 0 0 0 O 00 0 00 0 a) 0 0 1- a > 3 o .o a. u 0 0 a. 0 E E O c 0 7-5 g o •) • N 0 0 MI L. — a. U 0 -73 ° O E 0 � aoi O L a N a U by � O U' O ( C a w .) c b CA 100 0 L Ct 0U E v U 0 O o O a) 00 o' O Y 3 0 o U o0 a o y 0•E 0 = a !iI G .O RS C • a7 O . U to .0 a C s.. N 0 0 04. U 4aa-. O . 0 0 .0 4 b 0 tcl 0 _ 0 0 b a) 0 _ 0 0 U 0 0 0 _ 0 W 1 0. w 0 0 cri U 1 0 U 0 i .2 0 0 0 a) 3... O 0 cd L cd `*" 3 Otn op o O = cd 7 L 00 U = a) 0U U n -f :orrectional institution operated by the City of Tukwila 'amity child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. )ormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. \flowed after residential design manual with criteria for approval is adopted by ordinance. 0 0 0 T oq 0 y ro x 5 a) .0 E 5 0 0 3 0 04 Ca E b co ........ co U cn U 0 O cd O .CL+ U U Q� 7 C .0 - a E 5co OU G) C C .0 al cr, �' .b E-• O 0. .�4 X = N 0 U cd C w O 3 0.6 g U ad 00 0 y b w L N ." ' O 0 0 �U, �; .5 0 0 0 a 0 0 0• v g U 0 > 0. _ 0 .0 o w o 0 Y •:7 WO 0 0 = at 0. 3 a) C.)" b N = al 0 (.)i U E cd ...a; ° 0 iooy 0 0 °L) y ro U 0 Y E = • L oo ) 0 cr 0 a 0 a80) ate+70 C. = o o ) E >> b > aiU p U L ..O 0 E -p ^ C 0. 0 rn rn a) w .c VI a) ro -o L U L 0. y - co 'N • N E _ 0 a) c.) C C y, ( w .0 0 co on /''� rn 5 0 0 0 a) N 5 H y L 0 `� o co x a 0. L % w U C C OD _ 5' A cd O N G 0 0 5 aciU0. E 0 v . ° U C U O L-71 al 0 U O. O U O = 0. M. = W m .0 'G-CD U a) U cCd• 0 cd v 10 vai O w O ¢' U C 'D 0.L L O O 4a: O. U U U _ 5 0 o ro' = L 0 i 00 s O L V] o Eon U 0 0.E o=n ¢ y 0 ate) 'O co Q U Q' y .LC+ O C •N O > L C 'd O LU 0. b cd U U U •� 0 .0 a`.)) O U p U cel)od a. 0. �; E C OC U 0 w co c'" = so N 0" �U = 0 .SC a+ coo T ( •3 C O rn 2' co U a.).-. O 0 U 5 cod c 6) 0 on° ao3E y �0.a)w E > �." ao C = co co 0 c� y c • C L 'O C cd U = tp ° . '3 0 0 a) ?? • 0 3 Y 8 ao 0 .4 L. by .N+ 00 oA +'5.. " 0. L E G o __ E = E y y 0 Nv 0) a=i 0 = o a) o 0 3 •Y -o =r N+ F Vl 'C .. i W .Y L U = co Clc 3 CG s d 3 0 s- 0 " �eq.5 -71 `0 I �"16:-;E: OO• rn a�j .N+ a 00 C •_T0.P. O v�U0.iN U= cd .0 .0 7 .E 0. > 0 U " yto O U by •C Urn rn cV bqJD cd w�o = 3�0=000� `)50� oCU�"' len:0, cn ._ O'L UUOOO7 0 0 >> -L= d a) 0 _ 3 0. -a 70 E a a)C pLn�• _'�yyOy a>a) 5 L Vl '�" M. 'O pcd- U ET3 0. v, U L o co codO pr 0 C cd C 'ON .x co -cd U O 'O y 0 'O -73 a+ N ��'o L RiUrnbb -�L =L R$ _No=so a a) y in 5 .� a o _0 on 3• `) O k L N U U0. OE•C O rna) =_cn _ b N V id U ate) l� 0 •5N 3,3 rn 7 0 C` 0 UO sU. N. d ... cn ,y o co 0) .5 c5d ' " U vi U cUd > . E T °_ • EoY� �. 0aa))-ncoc i 5 �°oL• `-)0 i i N •E 0 0. N O- ... 0 a) 'UO i U LM rUi) N vi to E .� o N in C O. `, o `" o oo E cod o 3 E s> ate) E 0 0 0 s a 1'- 0 0> a) N w 0..E a) o. .n .o U U C U 5 0 3 U m o bA = op cl b '0 O 0. O C C c0 ti -G ai W w cd ai 'O G cd -0 v -O ai 4-: oq o U 00. = U w Vhere the underlying zoning is HI or TVS c a bA bq O c •o v a) a) • 3 a) .3 a - 'A s E� E.- Q ct E o 0 L bA V O 'o C b U C O0 G 0-, 4] O O Q id .� O - '� O .� U CO U vv) .0 0.. C C .v C C U cd .d .0 Y . 7 'C C 3 N vv.� •E N ra .0 cip -to a @Izt 0 0 m 'o a= U .a Cd 3 C C ct = 0 YH U a)wU yet ml c 00 YC Yo>o w v L. C.) °> 0 o0P'0 C bp E -0 > .0 • a. o N w E a2) E -0 y c° a..3 ° s. ,0c 5g >5�� 3 C w v) 0. 7 ul � 0 a.o o a ao 0 -a > 'O vV, C -a b vUi X C U I_ c o a C O U T a. — a. 3 to ml o OvO 'O NC Y cC UY 7 U Uv) c0 "' 0 7 v) o •kw a) 3 t C ..C. ZZ. •Y cN.. , •.1 _a a s • as o• > 3 b " a 3 �>o > C E > o E o ao _0 ce 3 a� a) c 0 • G i. pU0 C U UC •O cC cCEC0o ^ 3 a�) C o a) ti s.. U a L. .y " O UC W 0 o 0.)A ? o a) c cu 0. „ 0o av).7oy WOA Cau = cd 7O pN 3cz$ ,-• E o a) 5 EN , E w•. c 0 °s0 •E 0 o.o c E y C, C T-0 o O . o E, YO °' 3 o E aCi o a0i 0- o°o'NoEaC, EEEC o N y •a) 2 C 0. a O� a) �0 0 aLi p t.0 ,.., aXi 0 aXi v s Y E -0 — � ❑'O .9. 'O 'O C'O 'O N O O E O O L 0 v6 v) y, a U. O O a U c 7 o.o a.a.EC E a'Q o a w U ) T U )^ .0 C.) a) a)o _0 .0C .7 ..C. .L .L .0 — CEHF-HOF-H< '3FF-HFQ O 0 0 O. a) aXi ,..a)., n ti ai w a) d p ti O O j o Iffices, when such offices occupy no more than the first two stories of the building or basement and floor above. Iffices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). o L 0 N N L1 C U 0 •- W y C 0 i. Q) a) a) C - o >, o E C v, U C C o y w r o O a E a N y•O p . N G) C E 0 co ' a O 44 E N _O a Y 0 E.., a U WI U CU.) i N C 0 0 l 0. 0 U U ^ U •� N H N .-.. T O .- rb2.0 eta -o o = Co a, 'o z a .� _ o a) C - 0 Y .0 v a 0 L.s 6)) U C o cc 0 7 ¢,.aoE U 0 c 0 OE O c y U 0 .� v°OC c. aU 0 �U = O 4 Y vi C U U C YO O N -00 10 cc) b8•- > 0 E 4) Ls. CK > b9 O U •0 0 vai w 'E w ••- ,o • co U X C.)) 3 a) a) oU 48 c C 7Q V¢•7 a) U Cr V t 0 O 'b O p 0 N C) 5 .�. O C YvCi a C.; .0 0 a) C N .• y .. C U id .-. w > cd 77 6) y O O 0. Y E Xo 0�a) 3 by a) C •o y CI o 0 �.> 0 E 0 ^C C U U ct 0. N N N N O -a4"' 48 'O Y itl :d s. ti 4 c... 4 C U y U vi a C N E^C‘i c C a o- o Oat cc cu O `") 00 U -o Y a m N O a y C> �n as) o o CO' te(t) aoo 48° 0by > I s. U L. LI. N O 0 ao O 3•)o on.>CCC a oQ ao0oU• o> w0 in E t a'"i ro c 4) a C as 3 4E > N O _ 0 U Z .7> ci Q U OU bCU 40 O o vi O0. G. ccl O y c N w i .0 Ci 0 - U C 0 C 0 L. cd U 0 I( 0 o a0 0 0 cC N .5 .0° L O a) ° W z j 'C -o O O N U O C U E co O - o o °0 30. o L ad co �i y,,, cn N O y 0, Na c o U C �; a N a O H 7 7 0 bA 0 L p C 3cn 0 o � ,o U L „, _ C U C cu U 0 RS Y ° v) y n C U N •— N 3 = 0CAw 0 z Cp E c, • U T N O a. O U W 0. U_ C C U C o T a. C ,O b Ca. 0 N '> T U v� N E ed `}" V) 0 O O U 0 o CC a) o— > U 4+ a-+ cd .. rr•. C .., b 01-• U O vi U .D 7 y U a) U U a) 0 -v c E �.,, E o C. L d E -- C L U U o O O OU 4�-+ U O U cCC U .L ° 15 ,cm.O vU0A.4 ' i c EA 'O ° Y EA ty y U +-. y U U U T cC " -5 b4 3 ° c a)N O o o .E ° E n o S E CA W .00 t Q s= °' 2 ° a a° vs 3 on. � 0 2 ° o ci G C 0A 1- c0i v U L O v, >''cj C U .r' 0 a o a . I. Y o��0v,u.En $v, c 3' ° .d O N -p a- A .cn y ..= :'O E U U y ' J 0 in cLC w 0. r0i1 . ^ FA 0 cC w 3 B .- a •U >, o U E 0 ° a) •" o 0 Q. ate) o `' E o A. 4" EA CL L 0 L p cn E .y N <,.., o a w yam, . w. 0 0 _ 0 0 0 0 cC 0. ° 0• o ci 4 n o• oo O a) y O o° o p C 0 al c c"' 0L u'N E o 0 0 .Y till o� o 5co�o�ooE. �o 0,= E ° cU E a 3 YU 0. o co c 3 ° E a) c 3°° ° chi t Y 0 0 0 0 ¢,b = as l o w � w o° •�� �� ��UO E�0'�°Ewco o a) ... L C o �' a C a) .n cC a) r o° •- .a a) y in U .b • C E U .fl•bn N C b U C C w 00 c 70 cs O .C? 7 4'13 '� ,� ,� 0 y N .0 'O _T E E vi "o ..= • C a7 C U U -d O iC O '� 0 v, m U p O U cn O 0 0 CA ° 0 0 P ° • L al hI W C..-. . j". II E i i�' M C >, N O 0 0 U .O cn -O ,•�., ❑ L a) 0 .0 U ,.0 7:J U U .Ly w CI) U 0 Y 00 E .v p C •U U U ci C .0 5 -to .0 a) O W E a o a 0.. ci ,- cl.. a4 U 0. w ,� t w WSW. •- 0 ❑° Eyy 0 00 5 °0W'o w -O E E E a) °° 0 .- - ° Y Lo 'tii _ 0 E a) 6 ,° o a� ° a� o o S Q �� v-o °) . °°O a U> L °�° 0 7 cu ECG¢ c �". L L L Ocz) C. 0 L 0CA VI C c') O U a) y— ° ct o L' a) cC +�L N• 0 E E 0 a) U b PZ3"� �Z.0H3a.H.5= a) E 0 E .4 N w o v, o U csi .0 U b a) N 7 7 U a) C 2 'heaters for live performances only, not including adult entertainment establishments. Exhibit B to Title 18 Ordinance TUC: Land Uses Allowed By District** (Table 18-2) v U a) a Y s- O CC v n. a a a a a< a a s a a a a s 0 a a C00 TA Hotel, Motel, Extended Stay, Bed and Breakfasts Civic & Institutional Commercial Corridor (._) a a a a a a Q a a a a a s a' a Pond District a a Q a a Q a s a a a s a a Q a a 0 F- a a a a a a a a a a a a a a s a a a a Regional Center a a a a a a a a a Q a s a a a s a a a a a P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18-5 or Figure 18-7 Animal Kennels and Shelters, including doggy daycare 1 Athletic or Health Clubs Automotive Service and Repair Banks, Financial, Insurance, and Real Estate Services in M u Y L 00 Z 06 CO Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls Bulk Retail Business Services (e.g. copying, fax and mailing centers) Drive Through Facilities or Services J Electric Vehicle Charging Station L1&2 Electric Vehicle Charging State L3 Gas Stations, including Car Wash General Retail laundries, Tailors, and Dry Cleaners Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) Recreation Facilities (commercial indoor) Recreation Facilities (commercial outdoor) Repair Shops (small scale goods: bicycle, appliance, shoe, computer) Restaurants with associated cocktail lounges and sidewalk cafes Theaters except adult entertainment Vehicle Rental and Sales (not requiring a commercial DL) Veterinary Clinic with temporary indoor boarding and grooming Professional, Outpatient Medical, Dental, Governmental Services, and Research Medical and Dental Laboratories Convention & Exhibition Facilities, including multipurpose arena facilities tes N N > 0 > 0 > _0 > _0 > 0 > .s > .0 > 0 > a s v co d. 0 U a Industrial, Manufacturing, & Warehouse Q a a Q a s Transportation, Communication, & Infrastructure a UUP al D D a UUP Q a U U a__ a s Commercial Corridor U a a UUP UUP Q a U U a na a a a a U Pond District a U a a UUP UUP UUP Q a U U a a a a a U 0 0 H a U a a UUP UUP UUP Q a U U a a a a a U Regional Center a U a a UUP a D D UUP Q a 0 U a Cultural Facilities, including: libraries, museums, art galleries, performing arts centers Daycare Centers Education and Instructional Facilities, public and private including college and universities Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers Police and Fire Stations P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18-5 or Figure 18-7 Post Office Religious Institutions, greater than 750 sf assembly area Religious Institutions, less than 750 sf assembly area Cargo Containers subject to TMC 18.50.060 Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) Light Industrial: Manufacturing, Processing and Assembling uses that have little potential for creating off -site noise, smoke, dust, vibration or other external impacts or pollution. Manufacturing and processing of food and beverages including fermenting and distilling; with or without a tasting room, provided the tasting room occupies less than 50% of the total area of the building occupied by the tenant but no more than 3500 square feet; and the manufacturing process does not cause off -site impacts to neighboring properties or create a public nuisance. Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 Self -Storage Facilities Warehouse Storage and Wholesale Distribution Facilities Commercial Parking, day use only Essential Public Facilities, except those listed separately Intermodal Transit Stations, Rail transit facilities Internet Data Centers & Telephone Exchanges Park and Ride Lots Parking Areas Public Transit Facilities and Stations (Bus) Radio, Television, Microwave, or Observation Stations and Towers Utility Facilities, above ground/ not in ROW Utility Facilities, underground/in ROW Wireless Communication Facilities -0 CO _0 _0 > _ Co in in WCO c m g — — > g — o > .II _ > .0 Co > -0 C • Residential a a Cl. d Dormitories a pa C 0 2 c a) Y U 0•_ C a) a) x 2 a VI 0 L O H T E 4- 2 cC a) O 0 C a 7 O a) E 0 2 f0 c C Y N H Y Y a) a C 0 Y O • m c al > Y C O C N - C co O C Y co • Y v 3 • a1 OD > H CC U C a) C C C an Y — O a Lo O a+ O c a O- O U U e' -0 U 2 0 a 73 OU 'E op 0 _c U Y Y C fl_ w a C c 0 • in ON Y �O.a C a) O ta'a • vYi _ca w O lA C O O CO c 01 0 N a) al pap 4O aJ N �1 v L. a Y CLI> CDC aJ V' O a) N O N C L fl > E fa 7 O C a) col H a) N E-0 0 O- p co O 4.,., c-1 C N ▪ c U Li') 2 Z w O w cri ca V e v 1— a) w ,--i ry m v t i LIS n Subject to TMC 18.58. eu 0 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499-2502. On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 19, 2016 City of Tukwila Washington Ordinance No. 401 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter is submitted to the Tukwila City Council for approval within seven years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten years from the date of the preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The hearing body of the preliminary approval may approve one extension not to exceed one year. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 4. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COU CIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this l day of j'Y\ay , 2016. ATTEST/AUTHENTICATED: ,- Christy O'Flahe , MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: ,1L91 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499-2502. On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 19, 2016 , qs, 'oif ""' s".4 yam' \\ i . !?/ _'19�s` / Tukwila City Council Agenda ❖ •COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counc/lmembers ❖ Dennis Robertson ❖ Verna Seal David Cline, City Administrator ❖ Kathy Hougardy ❖ De'Sean Quinn Joe Duffle, Council President + Kate Kruller • Thomas McLeod Monday, May 9, 2016; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. Update on the King County Metro Transit Long Range Plan. Stephen Hunt, King County Metro Transportation Planner. b. 2015 Fourth Quarter Financial Report. Peggy McCarthy, Finance Director. Pg. 1 3. 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. (Refer to back of agenda page for additional information.) 4. PUBLIC HEARING Four ordinances for housekeeping code amendments to Titles 17, 18, 19 and 21 of the Tukwila Municipal Code. Pg.87 5. SPECIAL ISSUES a. Four ordinances for housekeeping code amendments to Titles 17, 18, 19 and 21 of the Tukwila Municipal Code. b. A lease agreement with the Tukwila Historical Society for the old City Hall facility. c. Budget outreach overview. Rachel Bianchi, Communications and Government Relations Manager. Pg.87 Pg.213 Pg.241 6. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. ADJOURNMENT City Tukwila / Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the Clerk's Office (206-433-1800 or TukwilaCityClerk©TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in altemate formats with advance notice for those with disabilities. Council meetings are audio/video taped (available at www.tukwilawa.gov) 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 5 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. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on 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 that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th 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 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 05/09/16 MDV V 1,11 05/16/16 MD ITEM INFORMATION ITEM No. 4& 5.A. STAFF SPONSOR: JACK PACE ORIGINAL, AGENDA DATE: 5/9/16 AGENDA ITEM TITLE. 2016 Housekeeping Code Amendments to Title 17, 18, 19 and 21 of the Tukwila Municipal Code. C,11'I,;(;ORY /1 Discussion 05/09/16 ❑ Motion At Date [ Resolution Mtg Date // Ordinance At Date 5/16/16 ❑ Bid Award Mtg Date Public Hearing ❑ Other Mtg Date At Date AIt Date 05/09/16 SPONSOR ❑ Council ❑ Mayor ❑ HR // DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ Plli SPONSOR'S Hold the public hearing on the proposed housekeeping code amendments to Title 17, 18, SL'MIMARY 19 and 21 of the Tukwila Municipal Code. After the public hearing the Committee of the Whole can forward the proposed amendments for adoption on May 16, 2016. RI \'II W►:D BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 04/25/16 t:1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: QUINN ❑ Arts Comm. II Parks CONEMIITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPINDr1'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/09/16 Public Hearing on the proposed amendments MTG. DATE ATTACHMENTS 05/09/16 Informational Memorandum dated 5/4/16 Attachment A: List of definitions associated with an assisted living facility Attachment B: List of uses that are proposed to be replaced with a matrix Draft Ordinances: Title 18 with Exhibit A and B; Title 17, Title 21, Title 19 Minutes from the Planning Commission meeting 0103/24/16 Minutes from the Community Affairs and Parks Committee meeting of 04/25/16 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Jack Pace, Community Development Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: May 4, 2016 SUBJECT: 2016 Housekeeping Code Amendments ISSUE Public Hearing regarding the proposed housekeeping code changes to the Zoning, Subdivision/Plats, State Environmental Policy Act (SEPA), and Sign Codes. BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Codes together for your consideration. Staff briefed the Community Affairs and Parks Committee on February 22, 2016, and the Committee forwarded them to the Planning Commission for review and recommendation. The Planning Commission held a public hearing on all the proposed changes on March 24, 2016, The Community Affairs and Parks Committee reviewed the Planning Commission's recommendations on April 25, 2016 and forwarded them for a public hearing by the Committee of the Whole on May 9, 2016. Their recommendations are reflected in the attached ordinances in the underline/strikeout format. DISCUSSION I. Proposed Title 18 Zoning Code Changes (See Attachment C for the Title 18 Ordinance) 1. Add an Assisted Living Facility definition and list it as a permitted/conditional use where convalescent center use is allowed and consider assisted living facility for seniors similar to a senior citizen housing. See Attachment A for the proposed and existing definitions and the list of zones where these are permitted. The zoning map can be found online at http://www.tukwilawa.gov/wp-content/uploads/Comp-Plan Zoning-Map.pdf Planning Commission also recommended to amend the definition of Senior Citizen Housing (See Section 1, 2 and Exhibit A of the Title 18 Ordinance). 2. Delete the list of permitted uses in each separate zoning district chapter and create a new chapter with Zoning Code Use Matrix. See Exhibit A to Title 18 Ordinance for the matrix and the existing list of uses that the matrix would replace are attached as Attachment B. (See sections 3, 4 -12, 15-22 of the Title 18 Ordinance). 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similarly to other automotive services; Arenas are a permitted use in TUC-TOD; Townhouses are not limited to four-plexes in HDR (Section 3 and Exhibit A of the Title 40 C .-.4 Dee. ...nr..Te.r,rnnr.nn e.re% r.r,rw.i++e.rl ..- TI Ifs_ %MD /Ce.n+inn 4 4 e.r.r! C.ehihii D of INFORMATIONAL MEMO Page 2 4. With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non -conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre-existing buildings that are taller than 45 feet. (Section 14 of the Title 18 Ordinance). 5. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. (Section 23 of the Title 18 Ordinance) 6. The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: a. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review -Section 24 of the Title 18 Ordinance); b. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission -Section 25, 26, 27, 28, 29, 30 of the Title 18 Ordinance). c. TMC18.70.040 (Non -conforming uses -Section 31 of the Title 18 Ordinance); d. 18.100.030 & .050 (Correcting the hearing body on Type 4 decisions and Preliminary Plats are reviewed by the hearing examiner/Board of Architectural Review instead of City Council -Section 33 and 34 of the Title 18 Ordinance); 7. Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. (Section 32 of the Title 18 Ordinance). II. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. (Section 1 of the Title 17 Ordinance). III. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. (Section 1, 2 of the Title 21 Ordinance). INFORMATIONAL MEMO Page 3 2. Revise the SEPA ordinance to track development proposals in the Tukwila Urban Center. A Supplemental EIS (SEIS) prepared in 2014 focused on potential impacts associated with increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project -specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance mustbe revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. (Section 3 of the Title 21 Ordinance). 3. Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. (Section 4 of the Title 21 Ordinance). IV. Proposed Title 19 Sign Code Changes 1. Remove references to political signs and any other content based language in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. (Section 1,6,7,9,10 of the Title 19 Ordinance) 2. Planning Commission recommended to incorporate some of language that was removed as part of repealing political signs section such as no signs can be installed without the property owners' permission. (Section 2 of the Title 19 Ordinance). 3. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum otherwise allowed. (Section 5 of the Title 19 Ordinance). 4. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. (Section 3 of the Title 19 Ordinance) 5. Allow one additional building mounted sign for multi -tenant complexes which do not qualify for the master sign program. (Section 4 of the Title 19 Ordinance) 6. Revise maximum size requirements for fuel canopy signs from a maximum of 5 sq. ft. to 10 sq. ft. or one third of the area of the canopy whichever is Tess. (Section 4 of the Title 19 Ordinance) 7. Allow the signage for one sign on a premise to be split into two signs under the Master Sign Program. (Section 8 of the Title 19 Ordinance) FINANCIAL IMPACT N/A INFORMATIONAL MEMO Page 4 RECOMMENDATION The Committee is being asked to hold a public hearing on the proposed amendments and forward them for adoption on May 16, 2016. ATTACHMENTS A: List of definitions zones associated with an assisted living facility. B. List of uses in different zones that are proposed to be replaced with a matrix C. Title 18 Ordinance along with Exhibit A and B D. Title 17 Ordinance E. Title 21 Ordinance F. Title 19 Ordinance G. Minutes from the Planning Commission meeting of 03/24/16 H. Minutes from the Community Affairs and Parks Committee meeting of 04/25/16 ATTACHMENT A NEW DEFINITION: TMC18.06.057 Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." Per RCW 18.20 an "Assisted living facility" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well- being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71 A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. EXISTING DEFINITIONS: 18.06.170 Continuing Care Retirement Community"Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. (Ord. 2235 §1 (part), 2009) 18.06.173 Convalescent/Nursing Home"Convalescent/nursing home" means a residential facility, such as a hospice, offering 24-hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in -patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. (Ord. 2287 §4. 2010; Ord. 1976 §13, 2001) 18.06.249 Dwelling Unit"Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. (Ord. 1976 §7, 2001; Ord. 1758 §1 (part), 1995) 18.06.247 Dwelling, Multi-Family"Multi-family dwelling" means a building designed to contain two or more dwelling units. Duration of tenancy in multi -family dwellings is not less than one month. (Ord. 1976 g54. 2001; Ord. 1758 §1 (part), 1995) 18.06.708 Senior Citizen Mousing"Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such unitspopulation of disabled indiyi a u• l • may not exceed 20% of the total unitsresidcnts. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. (Ord. 1795 §1 (part), 1997) Zoning Convalescent/Nursi ng Home & Assisted Living for Convalescent/Nursi ng Nome&Assisted Senior Citizen Housing Continuing Care Retirement Community Living for more 12 or less patients than 12 patients MDR Conditional Use - Permitted meeting density and all other MDR standards- HDR Permitted Permitted 60 du/acre MUO Permitted Conditional Use Permitted 60 du/acre Conditional Use 0 Permitted Conditional Use Conditional Use NCC Permitted Conditional Use Permitted 60 du/acre Conditional Use RC Permitted Conditional Use Permitted 60 du/acre Conditional Use RCC Conditional Use RCM Permitted Conditional Use Permitted 60 du/acre Conditional Use TUC - - Permitted in Regional Center, TOD, Pond and WP. Permitted in Pond and TOD C/LI Permitted Conditional Use Conditional Use TVS Permitted Conditional Use Conditional Use 100 du/acre Conditional Use TSO Permitted Permitted Permitted Permitted ATTACHMENT B EXISTING LIST OF USES TO BE REPLACED BY A MATRIX CHAPTER 18.10 LOW DENSITY RESIDENTIAL (LDR) DISTRICT 18.10.020 Permitted Uses The following uses are permitted outright within the Low -Density Residential District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling — One detached single-family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 4. In Commercial Redevelopment Area 4 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. (Ord. 1976 §17, 2001; Ord. 1865 §5, 1999; Ord. 1758 §1 (part), 1995) 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; 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 Tess; 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 Tess 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 Early Leaming or its successor agency 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 govemment 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 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. (Ord. 2368 §4, 2012; Ord. 2251 §11, 2009; Ord. 1989 §2, 2002; Ord. 1976 §18, 2001; Ord. 1758 §1 (part), 1995) 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. 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, 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. (Ord. 2251 §12, 2009; Ord. 2135 §3, 2006; Ord. 1976 §19, 2001; Ord. 1758 §1(part), 1995) 18.10.050 Unclassified Uses The following uses may be allowed within the Low -Density Residential District, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Mass transit facilities. 3. Neighborhood stormwater detention and treatment facilities. 4 Sewage lift stations. 5. Stormwater pump stations. 6. Water pump stations. 7. Water utility reservoirs and related facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §6, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) CHAPTER 18.12 MEDIUM DENSITY RESIDENTIAL (MDR) DISTRICT 18.12.020 Permitted Uses A. The following uses are permitted outright within the Medium Density District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling - One detached single-family dwelling per lot. 2. Dwelling - Multi -family duplex, triplex or fourplex units, or townhouse up to four attached units. 3. Detached zero -lot -line units. 4. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 5. Day care centers. 6. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 7. Shelters. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. (Ord 2199 §11, 2008; Ord. 1976 §20, 2001; Ord. 1865 §9, 1999; Ord. 1758 §1 (part), 1995) 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 Early Learning or its successor agency 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 Tess 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. (Ord. 2368 §6, 2012; Ord. 2251 §14, 2009; Ord. 1989 §3, 2002; Ord. 1976 §21, 2001; Ord. 1758 §1 (part), 1995) 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. 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 Tess 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. (Ord. 2251 §15, 2009; Ord. 2135 §4, 2006; Ord. 1976 §22, 2001; Ord. 1758 §1 (part), 1995) 18.12.050 Unclassified Uses The following uses may be allowed within the Medium -Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §7, 2005; Ord. 1865 § 10, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT 18.14.020 Permitted Uses A. The following uses are permitted outright within the High -Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. 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. 5. Dwelling - One detached single-family dwelling per lot. 6. Dwelling — multi -family. 7. Dwelling — townhouse up to four attached units. 8. Libraries, museums or art galleries (public). 9. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 10. Shelters. B. In Commercial Redevelopment Area 3 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. (Ord. 2199 §13, 2008; Ord. 1976 §24, 2001; Ord. 1865 §13, 1999; Ord. 1830 §2, 1998; Ord. 1758 § 1(part), 1995) 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 Tess; 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 Early Learning or its successor agency 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 Tess 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. (Ord. 2368 §8, 2012; Ord. 2251 §17, 2009; Ord. 1989 §4, 2002; Ord. 1976 §25. 2001; Ord. 1758 §1 (part), 1995) 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. 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. (Ord. 2251 §18, 2009; Ord. 2135 §5, 2006; Ord. 1976 §26, 2001; Ord. 1758 § 1(part), 1995) 18.14.050 Unclassified Uses The following uses may be allowed within the High Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title that the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §8, 2005; Ord. 1865 §14, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) MIXED USE OFFICE (MUO) DISTRICT 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. 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. Daycare 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial - indoor), athletic or health clubs. 21. Religious facility with an assembly area Tess than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. 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. 24. 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). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios - art, photography, music, voice and dance. 28. Telephone exchanges. 29. 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. (Ord. 2287§7, 2010; Ord. 2251 §19, 2009; Ord. 2097 §9, 2005; Ord. 1986 §5, 2001; Ord. 1976 §28, 2001; Ord. 1971 §7, 2001; Ord. 1830 §5, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 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 Early Learning or its successor agency 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. (Ord. 2368 § 10, 2012; Ord. 2251 §20, 2009; Ord. 1976 §29, 2001; Ord. 1758 §1(part), 1995) 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. 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. (Ord. 2287 §8, 2010; Ord. 2251 §21, 2009; Ord. 2135 §6, 2006; Ord. 1865 §16, 1999; Ord. 1830 §6, 1998; Ord. 1758 § 1(part), 1995) 18.16.050 Unclassified Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 9. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §10, 2005; Ord. 1865 §17, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) OFFICE (0) DISTRICT 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 sirnilar 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. Daycare 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial - indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet. 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g., drive-ins, service stations). 20. Schools and studios for education or self-improvement. 21. Shelters. 22. Studios - art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2287 §9, 2010; Ord. 2251 §23, 2009; Ord. 2097 §11, 2005; Ord 1986 §6, 2001; Ord. 1976 §31, 2001; Ord. 1971 §8, 2001; Ord. 1830 §8, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 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 Tess 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 Early Learning or its successor agency 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. (Ord. 2368 §12, 2012; Ord. 2251 §24, 2009; Ord. 1976 §32, 2001; Ord. 1758 §1 (part), 1995) 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. 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, 11. Schools, preschool, elementary, junior or senior high schools (public), community centers and golf courses. and equivalent private schools. (Ord. 2287§10, 2010; Ord. 2251 §25, 2009; Ord. 2135 §7, 2006: Ord. 1976 §33, 2001; Ord. 1865 §19, 1999; Ord. 1830 §9, 1998; Ord. 1758 §1 (part), 1995) 18.18.050 Unclassified Uses The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Correctional institution operated by the City of Tukwila. 2. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 3. Neighborhood stormwater detention and treatment facilities. 4. Stormwater pump stations. 5. Water utility reservoirs and related facilities. 6. Sewage lift stations. 7. Water pump stations. 8. Mass transit facilities. 9. Other uses not specifically listed in this title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1976 §34, 2001; Ord. 1865 §20, 1999; Ord. 1816 P, 1997; Ord. 1758 § 1(part), 1995) RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT 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. Daycare 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. outpatient medical clinic 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 Tess 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. (Ord. 2287 §11, 2011; Ord. 2251 §26, 2009; Ord. 2097 §12, 2005; Ord. 1976 §36, 2001; Ord. 1758 § 1(part), 1995) 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; 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 Early Learning or its successor agency 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. (Ord. 2368 §14, 2012; Ord. 2251 §27, 2009; Ord. 1976 §37, 2001; Ord. 1758 §1(part), 1995) 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. (Ord. 2251 §28, 2009; Ord. 2135 §8, 2006; Ord. 1976 §38, 2001; Ord. 1814 §3, 1997; Ord. 1758 §1 (part), 1995) 18.20.050 Unclassified Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations, which the responsible official, acting pursuant to the State Environmental Policy Act determines are significant environmental actions, may be allowed within the Residential Commercial Center District, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water Utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §21, 1999; Ord. 1758 §1 (part), 1995) NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT 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. 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 by products, 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 Tight 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 entirety 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 -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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial - indoor), athletic or health clubs. 25. Religious facility with an assembly area Tess than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 28. 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. 29. Schools and studios for education or self-improvement. 30. Studios - art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. 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. (Ord. 2287 §12, 2010; Ord. 2251 §29, 2009; Ord. 2097 § 13, 2005; Ord. 1976 §40, 2001; Ord. 1954 §1, 2001; Ord. 1830 §11, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1(part), 1995) 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 Early Learning or its successor agency 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. (Ord. 2368 §16, 2012; Ord. 2251 §30, 2009; Ord. 1976 §41, 2001; Ord. 1758 §1(part), 1995) 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. Colleges and universities. 2. Convalescent and nursing homes for more than 12 patients. 3. Electrical substations - distribution. 4. Fire and police stations. 5. Park -and -ride Tots. 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Religious facility with an assembly area greater than 750 square feet and community center buildings. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 2251 §31, 2009; Ord. 2135 §9, 2006; Ord. 1865 §23, 1999; Ord. 1830 §12, 1998; Ord. 1758 §1(part), 1995) 18.22.050 Unclassified Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6 Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1 865 §24, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) REGIONAL COMMERCIAL (RC) DISTRICT 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 Tots. 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 carpenter shops employing Tess 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. Daycare centers. 17. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self-improvement. 44. Self -storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and/or wholesale distribution facilities. 51. 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. (Ord. 2368 §18, 2012; Ord. 2287 §13, 2010; Ord. 2251 §32, 2009; Ord. 2021 §2, 2003; Ord. 1986 §7, 2001; Ord. 1971 §10, 2001; Ord. 1865 §27, 1999; Ord. 1830 §14, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 § 1(part), 1995) 18.24.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and dearly incidental to such permitted use, are allowed within the 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 Early Leaming or its successor agency 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. (Ord. 2368 §19, 2012; Ord. 2251 §33, 2009; Ord. 1989 §5, 2002; Ord. 1976 §43, 2001; Ord. 1758 §1(part), 1995) 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. Animal 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. 11. Internet data/telecommunication centers. 12. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to 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. (Ord. 2368 §20, 2012; Ord. 2287 §14, 2010; Ord. 2251 §34, 2009; Ord. 2135 §10, 2006; Ord. 1974 §3, 2001; Ord. 1865 §28, 1999; Ord. 1830 §15, 1998; Ord. 1758 §1(part), 1995) 18.24.050 Unclassified Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 1976 §44, 2001; Ord. 1865 §29, 1999; Ord. 1758 §1 (part), 1995) REGIONAL COMMERCIAL MIXED -USE (RCM) DISTRICT 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 carpenter 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. Daycare centers. 17. Dwelling - multi -family units above office and retail uses. 18. Extended -stay hoteVmotel. 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. 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; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial drivers license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of fumiture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self-improvement. 44. Self -storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and/or wholesale distribution facilities. 51. 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. (Ord. 2368 §22, 2012; Ord. 2287 §15, 2010; Ord. 2251 §35, 2009; Ord. 2021 §3, 2003; Ord. 1986 §8, 2001; Ord. 1971 §11, 2001; Ord. 1830 §17, 1998; Ord. 1814 §2, 1997; Ord. 1758 §1 (part), 1995) 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 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 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §36, 2009; Ord. 1989 §6, 2002; Ord. 1976 §49, 2001; Ord. 1758 §1(part), 1995) 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. Animal 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. 11. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to 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. (Ord. 2368 §23, 2012; Ord. 2287 §16, 2010; Ord. 2251 §37, 2009; Ord. 2135 §11, 2006; Ord. 1974 §4, 2001; Ord. 1865 §32, 1999; Ord. 1830 §18, 1998; Ord. 1758 §1 (part), 1995) 18.26.050 Unclassified Uses The following uses may be allowed within the Regional Commercial Mixed Use District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66. 1. Essential public facilities, except those uses listed separately in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 2097§14, 2005; Ord. 1991 §3, 2002; Ord. 1976 §48, 2001; Ord. 1865 §33, 1999; Ord. 1758 §1(part), 1995) COMMERCIAULIGHT INDUSTRIAL (C/LI) DISTRICT 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 one-half 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 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 Tots. 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 carpenter 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. Daycare 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 -serve b. dry-cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturing, processing, assembly, packaging and/or repair 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. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e administrative f. business, such as travel, real estate g. commercial 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 37. Pawnbrokers. 38. Planned shopping center (mall). 39. Plumbing shops (no tin work or outside storage). 40. Railroad tracks (including lead, spur, loading or storage). 41. Recreation facilities (commercial - indoor), athletic or health clubs. 42. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 48. 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. 49. 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. 50. Salvage and wrecking operations that are entirely enclosed within a building. 51. Schools and studios for education or self improvement. 52. Self -storage facilities. 53. 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. 54. Studios - art, photography, music, voice and dance. 55. Taverns, nightclubs. 56. Telephone exchanges. 57. Theaters, excluding adult entertainment establishments, as defined by this code. 58. Tow truck operations, subject to all additional State and local regulations. 59. Truck terminals. 60. Warehouse storage and/or wholesale distribution facilities. 61. 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. (Ord. 2368 §29, 2012; Ord. 2287 §20, 2010; Ord. 2251 §41, 2009; Ord. 2021 §5, 2003; Ord. 1986 § 10, 2001; Ord. 1974 §6, 2001; Ord. 1971 §13, 2001; Ord. 1830 §23, 1998; Ord. 1814, §2, 1997; Ord. 1758 §1 (part), 1995) 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 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 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. (Ord. 2251 §42, 2009; Ord. 1989 §8, 2002; Ord. 1976 §52; 2001; Ord. 1758 §1(part), 1995) 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. Animal 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. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to, manufacturing, processing, assembly, packaging and/or repair of: a. Chemicals, Tight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. 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. 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. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. (Ord. 2368 §30, 2012; Ord. 2287 §21, 2010; Ord. 2251 §43, 2009; Ord. 2135 §13, 2006; Ord. 1865 §36, 1999; Ord. 1830 §24, 1998; Ord. 1758 §1(part), 1995) 18.30.050 Unclassified Uses The following uses may be allowed within the Commercial/ Light Industrial District, subject 10 the requirements, procedures and conditions established in TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydro -electric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits, together with associated structures. 7. Mass transit facilities. 8. Diversion facilities and diversion interim service facilities, provided they are located south of Strander Boulevard. (Ord. 2287 §22, 2010; Ord. 1991 §5, 2002; Ord. 1976 §53, 2001; Ord. 1758 §1(part), 1995) LIGHT INDUSTRIAL (LI) DISTRICT 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 one-half 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 Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the properly 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 10 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 carpenter 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. Daycare centers. 16. Extended -stay hoteVmotel. 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers. 36. Planned shopping center (Mall). 37. Plumbing shops (no tin work or outside storage). 38. Railroad tracks (including lead, spur, loading or 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. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 44. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 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. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 47. 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. 48. Salvage and wrecking operations that are entirely enclosed within a building. 49. Schools and studios for education or self improvement. 50. Self -storage facilities. 51. 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. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding adult entertainment establishments, as defined by this code. 55. Tow truck operations, subject to all additional State and local regulations. 56. Truck terminals. 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. (Ord. 2368 §32, 2012; Ord. 2287 §23, 2010; Ord. 2251 §44, 2009; Ord. 2021 §6, 2003; Ord. 1986 §11, 2001; Ord. 1974 §7, 2001; Ord. 1971 §14, 2001; Ord. 1814 §2, 1997; Ord. 1774 §1, 1996; Ord. 1758 § 1(part), 1995) 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 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 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. (Ord. 2251 §45, 2009; Ord. 1976 §54, 2001; Ord. 1758 § 1(pari), 1995) 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. Animal shelters and kennels, subject to all additional State and local regulations (less than lour 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. 10. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturing, processing or assembling: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. 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. 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. 15. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2368 §33, 2012; Ord. 2287 §24, 2010; Ord. 2251 §46, 2009; Ord. 2135 §14, 2006; Ord. 1865 §38, 1999; Ord. 1758 §1 (part), 1995) 18.32.050 Unclassified Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Animal rendering. 3. Cement manufacturing. 4. Correctional institutions. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 9. Mass transit facilities. (Ord. 1991 §6, 2002; Ord. 1865 §39, 1999; Ord. 1758 §1 (part), 1995) HEAVY INDUSTRIAL (HI) DISTRICT 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 one-half 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 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 Tots. 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 carpenter 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. Daycare 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, Tight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited uo, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; c. 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. 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers. 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial - indoor), athletic or health clubs. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant. 47. Retail sales o1 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. 48. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 49. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 50. 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. 51. Salvage and wrecking operations. 52. Schools and studiios for education or self-improvement. 53. Self -storage facilities. 54. 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. 55. 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. 56. Taverns, nightclulbs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and local regulations. 60. Truck terminals. 61. Warehouse storage and/or wholesale distribution facilities. 62. 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. (Ord. 2407 §8, 2013; Ord. 2368 §35, 2012; Ord. 2287 §25, 2010; Ord. 2251 §47, 2009; Ord. 2021 §7, 2003; Ord. 1986 §12, 2001; Ord. 1974 §8, 2001; Ord 1971 §15, 2001; Ord. 1814 §2, 1997; Ord. 1774 §2, 1996; Ord. 1758 § 1(part), 1995) 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 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. (Ord. 2251 §48, 2009; Ord. 1971 §55, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 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, sports fields. 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf cou (Ord. 2287 §26, 2010; Ord. 2135 §15, 2006; Ord. animal race tracks, rses. Ord. 2251 §49, 2009; Ord. 1865 §40, 1999; 1758 §1(part), 1995) 18.34.050 Unclassified Uses The following uses may be allowed within the Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institutions. 4. Electrical substation - transmission/switching. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car Tots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations (refuse and garbage) when operated by a public agency. 12. Mass transit facilities. (Ord. 1991 §7, 2002; 0rd. 1865 §41, 1999; Ord. 1758 §1 (part), 1995) MANUFACTURING/INDUSTRIAL CENTER - LIGHT (MIC/L) DISTRICT 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: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and • e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, but limited only to manufacturing, processing, assembling, packaging and/or repairing of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and Tight machinery, tools, airplanes, boats or other transportation vehicles and equipment. 16. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 20. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 21. Restaurants, including: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 22. Sales and rental of heavy machinery an.d equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 23. Salvage and wrecking operations that are entirely enclosed within a building. 24. Self -storage facilities. 25. 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. 26. 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. 27. Taverns. 28. Telephone exchanges. 29. Tow truck operations, subject to all additional State and local regulations. 30. Truck terminals. 31. Warehouse storage and/or wholesale distribution facilities. 32. 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. (Ord. 2368 §37, 2012; Ord. 2335 §2, 2011; Ord. 2287 §27, 2010; Ord. 2251 §50, 2009; Ord. 2235 §6 (part), 2009; Ord. 2021 §8, 2003; Ord. 1986 §13, 2001; Ord. 1974 §9, 2001; Ord. 1954 §2, 2001; Ord. 1814 §2, 1997; Ord. 1774 §3, 1996; Ord. 1758 §1 (part), 1995) 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. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. 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. (Ord. 2335 §3, 2011; Ord. 2251 §51 2009; Ord. 1976 §56, 2001; Ord. 1758 §1 (part), 1995) 18.36.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations - distribution. 3. Fire and police stations. 4. Hotels. 5. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast fumaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) 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. 6. Motels. 7. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 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. 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; retail services such as beauty and barber shops, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2335 §4, 2011; Ord. 2135 §16, 2006; Ord. 1954 §3, 2001; Ord. 1865 §42, 1999; Ord. 1758 §1 (part), 1995) 18.36.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 8. Transfer stations (refuse and garbage) when operated by a public agency. 9. Mass transit facilities. (Ord. 2335 §4 2011; Ord. 1991 §8, 2002; Ord. 1865 §43, 1999; Ord. 1 758 §1 (part), 1995) MANUFACTURING/INDUSTRIAL CENTER - HEAVY (MIC/H) DISTRICT 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center/Heavy 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 18.38.020.1.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. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast fumaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) 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; and (3) Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and Tight machinery, tools, airplanes, boats or other transportation vehicles and equipment. 16. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Recreation facilities (commercial - indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materfials. 24. 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. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial 27. Self -storage facilities. 28. 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. 29. 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. 30. Taverns. 31. Telephone exchanges. use. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and/or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), 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. (Ord. 2368 §39, 2012; Ord. 2335 §6, 2011; Ord. 2287 §28, 2010; Ord. 2251 §52, 2009; Ord. 2235 §7, 2009; Ord. 2021 §9, 2003; Ord. 1986 §14, 2001; Ord. 1974 §10, 2001; Ord. 1971 §16, 2001; Ord. 1814 §2, 1997; Ord. 1774 §4, 1996; Ord. 1758 §1(part), 1995) 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. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. 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. (Ord. 2335 §7, 2011; Ord. 2251 §53, 2009; Ord. 1976 §57, 2001; Ord. 1758 §1 (part), 1995) 18.38.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations - distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Hotels 6. Motels 7. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on Tots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 8. Park -and -ride Tots. 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. 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; retail services such as beauty and barber shops, financial services, outpatient and emergency methcal/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. (Ord. 2335 §8, 2011; Ord. 2287 §29, 2010; Ord. 2135 § 17, 2006; Ord. 2028 §2, 2003; Ord. 1865 §44, 1999; Ord. 1758 §1 (part), 1995) 18.38.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institution. 4. Electrical substation - transmission/ switching. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car Tots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Mass transit facilities. 10. Railroad freight or classification yards. 11. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 12. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following 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 residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the (line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility 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. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 13. Transfer stations (refuse and garbage) when operated by a public agency. (Ord. 1991 §9, 2002; Ord. 1976 §58, 2001; Ord. 1865 §45, 1999; Ord. 1758 § 1(part), 1995) TUKWILA VALLEY SOUTH (TVS) DISTRICT 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 park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. 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 Tots. 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 carpenter 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 sirnilar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare 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 -serve b. dry-cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 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 of 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. Research and development facilities. 51. Restaurants, including: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 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. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 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 that are entirely enclosed within a building. 56. Schools and studios for education or self-improvement. 57. Self -storage facilities. 58. 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. 59. Studios - art, photography, music, voice and dance. 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2407 §9, 2013; Ord. 2368 §41, 2012; Ord. 2287 §30, 2010; Ord. 2251 §54, 2009; Ord. 2235 §8, 2009; Ord. 2097 §17, 2005; Ord. 2021 §10, 2003; Ord. 1986 §15, 2001; Ord. 1974 §11, 2001; Ord. 1971 §17, 2001; Ord. 1830 §25, 1998; Ord. 1814 §2, 1997; Ord. 1774 §5, 1996; Ord. 1758 § 1(part), 1995) 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 homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency 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. (Ord. 2368 § 42, 2012; Ord. 2251 §55, 2009; Ord. 1976 §59, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Drive-in theaters. 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. Electrical substations -- distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assembly, packaging and repair of: a. 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; b. Chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); c. 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; d. 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. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 15. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 16. Religious facility with an assembly area greater than 750 square feet and community center buildings. 17. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 18. Salvage and wrecking operations. 19. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 20. 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. (Ord. 2368 §43, 2012; Ord. 2251 §56, 2009; Ord. 2135 §18, 2006; Ord. 1865 §46, 1999; Ord. 1830 §26, 1998; Ord. 1758 §1 (part), 1995) 18.40.050 Unclassified Uses The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Electrical substation - transmission/switching. 4. Essential public facilities, except those uses listed separately in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car Tots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. (Ord. 2235 §9, 2009; Ord. 1991 §10, 2002; Ord. 1976 §61, 2001; Ord. 1865 §47, 1999; Ord. 1758 §1(part), 1995) TUKWILA SOUTH OVERLAY (TSO) DISTRICT 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 daycare. 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, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half 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 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 carpenter shops employing Tess 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. Daycare centers. 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 hoteVmotel. 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. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. 38. Marijuana retailer where the underlying zoning is HI or TVS. 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial - indoor), athletic or health clubs. 50. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 56. 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. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 58. 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. 59. Schools and studios for education or self improvement. 60. Self -storage facilities. 61. Sewage lift stations. 62. 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. 63. Studios - art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. 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. (Ord. 2479 §7, 2015; Ord. 2368 §45, 2012; Ord. 2287 §31, 2010; Ord. 2251 §57, 2009; Ord. 2235 §10 (part), 2009) 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. 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 homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency 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. (Ord. 2368 § 46, 2012; Ord. 2251 §58, 2009; Ord. 2235 §10 (part), 2009) 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. Helipads, accessory. 3. Utilities, regional. 4. Mortician and funeral homes. 5. Park -and -ride lots. 6. Radios, television, microwave, cellular or observation stations and towers. 7. Religious facility with an assembly area greater than 750 square feet and community center buildings. 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. (Ord. 2251 §59, 2009; Ord. 2235 §10 (part), 2009) 18.41.050 Unclassified Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Electrical substation - transmission/ switching. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Mass transit facilities. 5. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car Tots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. (Ord. 2235 §10 (part), 2009) 18.41.060 Special permission Uses The following uses may be allowed within the Tukwila South Overlay district as a Type 3 Special Permission Decision. 1. Movie theaters with more Than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 2. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. (Ord. 2235 §10 (part), 2009) PUBLIC RECREATION OVERLAY DISTRICT 18.42.020 Permitted Uses The following uses are permitted outright within the PRO District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1 Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 2. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 3. Schools, preschools, elementary, junior, and senior high schools (public). (Ord. 1758 §1 (part), 1995) ATTACHMENT C RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "`USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintaiins a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery/taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non -conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre-existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single-family dwelling design standards apply to accessory structures requiring a building permit; and W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bis Page 1 of 26 WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 Mr,.hic Paae 2 of 26 Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," at TMC Section 18.06.708, "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total unitsre�ts. These facilities may not include populations requiiring convalescent or chronic care, as defined under RCW 18.51. Section 3. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18-6, "Land Uses Allowed by District." [attached hereto as Exhibit A] Refer to Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit B] Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 3 of 26 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues stoke-thru 5-4-16 MD:bis Page 4 of 26 Section 6. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 5 of 26 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TMC 18.18.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD•his Paae 6 of 26 18.18.040, Conditional Uses.. 2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.20.020, Permitted Uses ...., 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TMC 18.20.020 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TMC 18.20.030 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified at TMC 18.20.040 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified at TMC 18.20.050 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 7 of 26 The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing‘Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MfThis Paae 8 of 26 Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 9 of 26 Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.26.020, Permitted Uses 2368 §22 2287 §15 2251 §35 2021 §3 1986 §8 1971 §11 1830 §17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18-2 within TMC Chapter 18.28, is hereby amended to update Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 10 of 26 Section 14. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking Tots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses-1" except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bis Page 11 of 26 Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (C/LI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified at TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 11ArI•kic Pane 19 of 7R Section 16. TMC Chapter 18.32, "Light Industrial (LI) District" Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11- 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 W. Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:his Page 13 of 26 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 18.34.030, Accessory Uses 2251 §48 1971 §55 1758 §1 (part) as codified at TMC 18.34.030 18.34.040, Conditional Uses 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 18. TMC Chapter 18.36, "Manufacturingllndustrial Center — Light (MIC/L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bis Page 14 of 26 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified ,at TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.38, "Manufacturing/Industrial Center — Heavy (MIC/H) District," Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealled: TMC sections Ordinances Repealed 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 15 of 26 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974 §11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251 §55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 W: Word Processing\Orc finances\Title 18-Zoning issues strike-thru 5-4-16 Mf•his Paae 16 of 26 18.40.040, Conditional Uses 2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 (part) as codified at TMC 18.41.030 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 17 of 26 Section 22. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 23. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including accessory structures that require a building ep rmit, 2005i must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide_d 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bis Page 18 of 26 Section 24. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off -Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby 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 w-that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner approval for the entire parking lot. 2. MINIMUM PARKING. 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 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. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 19 of 26 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 the Community Development Director 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. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 9. OBSTRUCTIONS. No obstruction whist} -that 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 STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 Mn•his Panes 7O of 7R Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing Examiner under such conditions as the Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64„030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 34 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing Examiners , may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner , may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 21 of 26 Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing Examiner may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations_; er 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bis Paae 22 of 26 Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit which -that has been denied may not be resubmitted within six months from the date of the Hearing Examiner'sPlaeng disapproval, Section 31. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 23 of 26 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 32. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 Mf]'his Pane 24 of 26 Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations - Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, and when the the hearing body shall make and enter findings of fact and conclusions from the record which -that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 34. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings - Preliminary Plats When the hearing bodyCity Council makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school.; a 4 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing bodyCity-Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing bodyCity--Ceunsil shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 MD:bjs Page 25 of 26 Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 36. 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 37. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Table 18-6, "Land Uses Allowed by District" Exhibit B — Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 5-4-16 Mn•hi Pace 26 of 26 Exhibit A to Title 18 Ordinance Table 18-6: Land Uses Allowed See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. a) 0 cC G a) o. o O O O a)› 00 -0 a) a) .0 0 1- 0 oo II' z to at w � r • E y U Y N 0. E.E) 0 Q) 0 U O a) ?' a la. o En cyj 0 -0 at c °' one P. L a) cts act a) W N 0 U 'O E Ci O U -0 0 N 0, c) G. O L 0. OLr w 0 0. 0 0 a a D a a a a a a a a a a a U Ea 0 U 0 a a 0- 0- a s a a a a D U x u i a D a vU 0- a s a 0 u i a 0 a lJ a a s a D E a D U 0 a a a a s a a a a) 0 7 a 0 U D U a a a a s a a a a D U o a 7 U U a a a a a s a a a V, o2j Q 7 U 0 cc Q 0 u a a 0- a a s a a a 0, dS a U ¢ Q 0 U a a a 0- a Q. a a a v) a U 2 a 0- 0- a< a a a rc a a a u o < a a a u 0 ¢ a a u a a a U es = Q a U U La) 0 Q 0 C o f Q a U U A&S (_, o ¢ a u v) a u = Permitted outright; A = Accessory (customarily appurtenant and incidental ) a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 3.66); S=Special Permission (Administrative approval by the Director) dult day care dult entertainment (subject to location restrictionsl) irports, landing fields and heliports (except emergency sites) musement Parks J nimal rendering nimal shelters and kennels, subject to additional State and local regulations ess than 4 cats/dogs =no permit) nimal Veterinary, including associated temporary indoor boarding; access to arterial required utomobile, recreational vehicles or travel trailer or used car sales lots 2 utomotive services, gas (outside pumps allowed), washing, body and engine 'pair shops (enclosed within a building), and alternate fueling station (not holesale distribution facilities). eauty or barber shops ed and breakfast lodging for not more than twelve guestss ed and breakfast lodging (no size limit specified) (cycle repair shops illiard or pool rooms oarding Homes rew Pubs us stations abinet shops or carpenter shops employing less than five people 3rgo containers (*see also 18.50.060) 1 ement manufacturing emeteries and crematories 0 a a 9 t- a a a a a a a Q rn Q N a a `1. a a. a Q U a a a a U! a U a a Q U U N oQ U Q z 0 a a D a J v a a v a a = 0 a a a a a a_Q U U 0. a d. a a a a. U u V a n. a a UI a V a a D Q U z0 a ^a a 01 a V a a Q a 0 a u a 0 LO a U a ^a a UI a U 0- a Q Q U a 0 no a 0 LO z0 0- VI a U a Q Q a a a 0 m Q V 0 CC a U a Q M Q a a Q O U N a UI a V 1D a Q Q a Q U ^a a UI a U a Q Q a a V a o LO Q CC = a a Q U a a s V a o LO Q i U a Q U a Cl. s al¢., a,c v J1 ,,.6 cz 010 noN Q•cc 0. 0 Q U a Q = Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC ,.66); S=Special Permission (Administrative approval by the Director) IIleges and universities Immercial laundries Immercial Parking Imputer software development and similar uses Intractor storage yards mtinuing care retirement facility. Invalescent & nursing homes &assisted living facility for not more than 'elve patients ,nvalescent & nursing homes & assisted living facility for more than twelve tients ,nvention facilities Irrectional institutes iycare Centers (not home -based) iycare Family Home (Family Child Care Home)12 version facilities and diversion interim services facilities south of Strander rd 0 ive-in theatres veiling— Detached Single family (Includes site built, modular home or new rnufactured home). One detached single family dwelling per existing lot rmitted in MUO, 0, RCC, NCC, TVS. veiling- Detached Zero -Lot Line Units veiling- Duplex, triplex or fourplex or townhouse up to four attached units. veiling- Townhouses up to II attached units veiling —Multi-family yelling — Multi -family units above office and retail uses yelling — Senior citizen housing, including assisted living facility for seniors ?e purpose section of chapter, uses sections, and development standards. yelling unit — Accessory 17 0 cc a o a D a a D a o_ a a a a a a U Q a a a a a s N U D a a 0 a s a u a a a a a < U U 0- D a a 0 a s x u f U D a a 0 u U U a U D a a 0 a s u i U a a 0 U 0 a U 0 a a 7 a s = U D 0- a 0 a 0. 0 a a s a U a U a D a a 7 a s = U a a D a a U a a s a a U a n a a D a s O U 0. a = a Cl. U a a a_ a a U a D a a D a s oU s a a D 0 a U a a s a < 0 a D a 0 a s rc U a a D a a 0 a a a a U a D a U n a s U z 0 a a 0. U a a a 0- Q 7 a s 0 cc a < U a U a Q 0 a U o U a Q a U a < U D a s 0 M i U a Q a U 0- Q a U Z) a s z so U < < U < < D a s c 0 i U < < U < < < 0 U U ix = Permitted outright; A = Accessory (customarily appurtenant and incidental ) a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC B.66); S=Special Permission (Administrative approval by the Director) 'ectrical Substation — Distribution 'ectrical Substation —Transmission/Switching ectric Vehicle Charging Station — Level 1 and Level 2 ectric Vehicle Charging Station — Level 3, battery exchange stations, and rapid iarging stations. (TMC 18.50.140) ,sential public facilities, except those uses listed separately in any of the other mes (tended -stay hotel/motel arming and farm -related activities nancial, banking, mortgage, other services re & Police Stations x-it, radio or television repair shops/rental shops aternal organizations .ozen food lockers for individual or family use arage or carport (private) not exceeding 1,500 sq./ft on same lot as residence id is subject to the regulations affecting the main building. reenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft reenhouses or nurseries (commercial) azardous waste treatment and storage facilities (off -site) subject to )mpliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) eavy equipment repair and salvage elipads, accessory ome Occupation *see definition and accessory use m 'a N 0 ospitals, sanitariums, or similar institutes N v 0 ydroelectric and private utility power generating plants dustries involved with etching, film processing, lithography, printing and Jblishing ternet Data/Telecommunication Centers indfills and excavations which the responsible official, acting pursuant to the ate Environmental Policy Act, determines are significant environmental tons wndries; self serve, dry cleaning, tailor, dyeing braries, museums, or art galleries (public) lanuf./Mobile home park lanufacturing and industrial uses that have little potential for creating off -site 7ise, smoke, dust, vibration or other external environmental impacts or 0 CC a a a a a a a a a U U U U x u 5 a a 0 a a a a a J u 2 a a a a U U a a x a a a a a a a a Xi a a a a U U a a V0- a 6. 0- U U U a ua z a a a 0 cc a a a a 0 V z ..-1 a ti 0- e�1 a ..-1 a V V K 0 0 0 5 cc C S K O 2 K 0 J Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC .66); S=Special Permission (Administrative approval by the Director) 0 A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs B) 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 C) 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 D) Manufacturing, processing, packaging of foods, such as baked goods, verages, candy, canned or preserved foods, dairy products and byproducts, 'zen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included ii)) No fermenting and distilling 7nufacturing and industrial uses that have moderate to substantial potential creating off -site noise, smoke, dust, vibration or other external vironmental impacts: A) 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) B) 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 C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other u eo 0 O. a a a0- �n U a a �n a U< a a a a U a a n a n a a s a U< a a a a u n a a a u u 2 a 0 0 u 0-U V vU U< a u D a a U i 7 u a U U U< a U D a U U _ 0 a 0 a n. a a U< 0- a a a U n a a u U D a a s a U< a a a a u a s a U U u D 0- a O. a U< 0- a a a u a s a U U 0 CC D a a s a u< a 0 a a 0 a a U z D a a s a U< a U a a U a a U 0 2 0 a a U< a a U a U U o CC 0 a < 0- U O D 0. a U< 0. U a U D a N U< a U a 0 K _0 D < a U U z 0 i 0 < a U U 0 0 < a U U = Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 3.66); S=Special Permission (Administrative approval by the Director) transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering lanufacturing, refining or storing highly volatile noxious or explosive products ess than tank car lots) such as acids, petroleum products, oil or gas, matches, 'rtilizer or insecticides; except for accessory storage of such materials larijuana producers, processors, or retailers (with state issued license) lass transit facilities ledical and dental laboratories linor expansion of an existing warehouse 21 lortician and funeral homes 41 O lovie theaters with three or fewer screens lovie theaters with more than 3 screens 22 ffices including: medical, dental, government (excluding fire & police stations), rofessional, administrative, business, e.g. travel, real estate & commercial ffice or sample room for wholesale or retail sales, with less than 50% storage r warehousing utpatient and emergency medical and dental services ark & ride lots irking areas arks, trails, picnic areas and playgrounds (public), but not including nusement parks, golf courses, or commercial recreation 3wnbroker fanned Shopping Center (mall) lumbing shops (no tin work or outside storage) adio, television, microwave, or observation stations and towers ailroad freight or classification yards ailroad tracks (including lead, spur, loading or storage) ecreation facilities (commercial — indoor) — athletic or health clubs ecreation facilities (commercial — indoor), including bowling alleys, skating nks, shooting ranges ecreation facilities (commercial — outdoor), including golf courses, golf driving inges, fairgrounds, animal race tracks, sports fields ecreation facilities (public), including, but not limited to sports fields, ro a 0 U a T 3 c O. o 0 < a U a a a Q 0- a 0- U 0- a 0 N Q a U D a 0- a Q 0- a a U a V a a U x Q 0 a a Q a U a a a rgo a 02 Q 0 a 0 < 0 V U a a 0 a s < n. U 0 a a < a a a a a a a Q a U 0 0 a < a a 0- U a a a uQ a U 0 0- a Q a a a 0 a a a_ o< cc a u a < a a a a u L., Q a u a < a a a a u 2 Q a U < a a a a U 0 z Q a 0 Q U 0- a U O Q a 0 Q 0- a 0- U 0 D i Q 0- u Q a a a a U x S 0 0 z 0 2 U u z O U U = Permitted outright; A = Accessory (customarily appurtenant and incidental a permitted use) ; = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC .66); S=Special Permission (Administrative approval by the Director) mmunity centers and golf courses ,creational area and facilities for employees ligious facilities with an assembly area less than 750 sq ft Aigious facilities with an assembly area greater than 750 sq ft and community nter buildings Iigious facility and community center buildings. .moval and processing of sand, gravel, rock, peat, black soil and other natural posits together with associated structures ntal of vehicles not requiring a commercial driver's license ntal of commercial trucks and fleet rentals requiring a commercial driver's ense search and development facilities sidences for security or maintenance personnel staurants including drive through, sit down, cocktail lounges in conjunction th a restaurant staurants including cocktail lounges in conjunction with a restaurant tail sales of furniture appliances, automobile parts and accessories, liquor, nber/bldg. materials, lawn &garden supplies, farm supplies tail sales, e.g. health/ beauty aids/ prescription drugs/ xi/hardware/notions/crafts/supplies/housewares/ electronics/photo- uip/film processing/ books/magazines/ stationery/ ithing/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, d similar items. tail sales as part of a planned mixed -use development where at least 50% of )ss leasable floor area development is for office use; no auto -oriented retail es (e.g., drive-ins, service stations). ck crushing, asphalt or concrete batching or mixing, stone cutting, brick inufacture, marble works, and the assembly of products from the above iterials les and rental of heavy machinery and equipment subject to landscaping iuirements of Chapter 18.52* Ivage and wrecking operations Ivage and wrecking operations which are entirely enclosed within a building cools and studios for education or self-improvement cools, preschool, elementary, junior & senior high schools (public), and uivalent private schools :ure community transition facility 29 E a_ 2 0 u _ 0_ u 0- 0_ 0. 0. 0- 0 _ 0. 0- 0 CL _ a a a { a 0- 0.0. 0_ 0. 0. 0. Q 11. CL _ E o_ a. 0 0 0 0 a__a a. a. § 0. 0. 0. 0. 0_ 0_ 0- _ D _ a. o_ _ _ a La cc _ _ _ _ _ a. o = a __ 0. a. __ a 2 = a __ a _ 0 a ec 0 _ _ _ _ _ a § _ a m _ _ _ _ a % _ _ _ _ P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) Self storage facilities Sewage lift station Stable (private) Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 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 Stormwater- neighborhood detention + treatment facilities Stormwater pump station Studios —Art, photography, music, voice and dance Taverns, nightclubs Telephone exchanges Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code Tow -truck operations, subject to all additional State and local regulations Transfer stations (refuse and garbage) when operated by a public agency Truck terminals Utilities, regional Vehicle storage(no customers onsite, does not include park -and -fly operations) Warehouse storage and/or wholesale distribution facilities Water pump station J Water utility reservoir and related facilities Wireless Telecommunications Facilities (*see TMC 18.58) c \ / / § a.2 2 k N 2 L. k 2 \ / 3 ) / § c Cl.) -0 0. \ ) 0 ± N \ \ 2 j Cu k ) 0 E ƒ LI / 0 \ 0 N / - _ m n cc R. • ) / k « o } / �¢E \k �kK\��\ C )\ / �\ \� / k% /® 3 6 )] k 0 3 km % • \\ .... 2 // » a a ( ƒ / 13;ci -0 o o Q. 2 » \IS(k a0 § )«N% ƒ\ k \A«� ® § a»% \n >.. {aZ-•9 §0 EE°t \ /E /EEC 2222 .„/e o27) jj ƒ\ #§$\ (_ _§ § o 6n_ § 5 e c —e/\/ Ek// 1.833 uo\ $288 »... tOU k \ \\ƒ E)K§ //j�— agwu cu $0«G )®)SJ 46 $ ate k_ s 0 G 7 C U as =bn 3 C 0 O &, N E au a, w ak) C)i E C1 C .. N o- ,. . O •� c o Y E(`a) `"Ga, N= .0 0 O c0a .0,Os -0 D a) 0 L. U G o 0 O 7 .I-.Y . .S.' (Na N _ > G E O .�' C 3 > L ° G 7 O 0 w 0 UO U _ C G N 0 O 0 o •„,c.) 0. C O -o 0. 7 N 20 U O c.)a) L. CD 3 c), �" U F°L.. N 0 G. 754 7 L.,coa'_' . . ° a 3 G E ctibO oM a� O 0 7 b°n ° .. CU U .0 �' C C a) a) N (Un 0> o L N G ° v = "' ca Ca o. Q .Y 0) U a' N •,CU., > - a L. CA s .0 G aG�..xF. ,0 os�3 0 V CCa a 0.� A (� C , �� 7 E�•E aE tn. U 5 a cs) 0. 40-, z N • •G L E 3 G Ft;E a.) a) . son __ _ a C aGL. O 0 .0. .�.i .0r 0-0 C.)U ..c0 CNa o a) bD " G .p 0v O .0 U O rn O ci . No dismantling of cars or travel trailers or sale of used parts allowed. w .0 0 0 a) Y T -oG 0 vi.° O vi 7, O oO. E O C .0 7 0 °..c, Cto a a y on L • E E vi0 a N °o U .G -0 a) N C U N U 00 O L ° L o..E 0 a..o v0, E E a a E o 5.2 O ..O in =-0 Fj w.d-0 7 G U C C 0 .U•. 0 ca E 0 0 +-a 0 7 ° 0 0 a U 0 T 0 s L s � Qa N j0.' a N U G G E 0 U U a) U G O O v7i O v7i 0 'O 0 N N 0 0 0 s 0 o s U 'N .0 0..0 a.; 'O U O mi U a) C U N RS a) 0 y •a- N U . 0 E 0 .. a ° L (a L (a 0 L a) L _ ,o U N a) co N O E U y E N O E.�' c E.:.) 0. 7 L .o 7-- 7 n cn C-. U C o 0 ° .E•^ °Eb MU N a) a FA-0 v1 (n N E. 3 0 3 a) .._ van a a)v;o °=°�.0 ...0 to .> .".0 io vbn N vi bn > -alN C O C U 3 c •C 0.0 0 r 0 a00 0 0. 0 C O U C U G N U '0 E G 'O 'D •cd 0 a) 0 U G C ° E roE�, • N a 0 N o.u; ro o 0 a o. E c /0. U a) > U a) 6 N I-- G L G C .0 G .0 U y O 0 b O ,9 00. •- o iC 0 0 0 0 U N U N �O x a) L _N a) L '"a L 0- 't �Ny, vi cal vi O O a) "' x N 35• c �.0 E -o en 'Y -0 en 8 0 E 6 GO o L�. U L U a) cd c'o-". 'fl° v a U C T3 0 • N.0 w .N ¢' C E i, 7 y L O .a vl N+ U Vl .N+ N ..0 pUp 7 0 O ? a y ? c._' U 0 3 0 U° -0 vi MI -c)vi 'ti `. a°) 0 ° v) N p N 0 d vUi O N .t,,, 7 •.0-. is n, a o 1. TD.:° a°i .0 " G c o U i 0 U v0 N ? aL) N O° 0. N 0" N ..... co-. V U 'O ca 0. 0 a 0 C.)7,- a 0 U 0 vi 0 •b vi U .0 0 E G° a) E ca O 'cf.; 7 O >. N > G, yam., 'a N 0 N 0 0"' 0 N o o E aE �>, a) tan > 0 0 0. 0 bn a.)7 .0- 7 E (La 0 a) _0C �0 v0i 0 (tea .� .0 y y g o y o s° = eeaa al c caw a) U G ° E E E .�+ 0 -0 0 c0a 0 U O a) N C y .0 C U .0 C C ,>, V� co-. O to-. 0 .0 0 O 'Y a) O 'id 0 0 U N N E 0 v L 7 U y aa.) 0 0) ^v�i a a))^ O 0 'p (C ti -C ai 4.,. = .5 00 0 ,ONO N0 ao)^ c❑a ca En ca .0 O 'D Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 0 ° > 0 bn O C ( bo o C C C 0 Y N C - E o � '> > C v o0) a) E E) E > O � a G C ct En 77 b RI CL y a .3 .00 U G ti • o. -p O a C .0 0 0 N C • •? o U U ca O .0 a) C -0 O L ca O •0 E .0 o O C N C a 0 Y) 0 N bn c (a • L a) 0 0 0 v 7 0 N � � O �a (a 0) E s N o a) ° W G a) U `' N 0. r. 0 0 b • c Y > 3 T7 a p ; o a, cct a00 0A 0 E O ±o 0. 7 a) E E O Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. C O r,i TS U 00 0) Y b ° 00 0 cat 0 0 G 7 b 0 0 00 U vi 'O •C U 0 C •o ,b N b 0 0 0. U W 0 E 0 U •� vi �=• a) 7 U 0 > U 0 7 U U •2 C C w~ o a).0 N O on 7-1 cc 'N v U En G s H G • a) y Ems? a, 0 UN 0 cts o O N 0 g 0 .� E N 7 O G. Y 0 p 7 c 0 0 CIO 0 •G N 7 U U p G 7 s 0 a) 0 N 7 w C 0 G 7 0 0 00 0 0 00 U 0 [. Correctional institution operated by the City of Tukwila 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Allowed after residential design manual with criteria for approval is adopted by ordinance. s U v c o a.) >,•- OA C • a) y C x ' C-. a) .n E m ° MO a o EA c c cu x x c -o 2el a) Xi a c EA a b us 0 E °' a N -o ..a p Td x a.) bA cd N W ° U M -00 . a) 00 cd U C MA U U U ' C 00 C '0 �'" L N p Q O cm C s. U L U • Q p U C 00 C N x CT s V E us ..CU U o a o osc O L 3 w o c a)) a N U N .. a) a)'d 0 .- U U ct U E W Cv bA a) a.) y 0 • E ai YO 0-. et U 0 cu a cU.) O ir" O b C 4" as ° U C y cc)y y CDA C O N O 'C U cd E �- o A. cr.., 'O 00 m .V) CU =3 d U 0 'o k O 0 s. a y .fl ccdd 0) .k 0 .fl C F. C "❑ .0 7 cu a id c` • ,-0O C cd bA F" Q C C a i- C W 4i a) E .: C a)cd 0 O eUd C . C • C aa)i • cC ._O E by 0 to , O .N+ L 0 a0. O a O G cCd U .U. ^O vi ., •° .� D. C a C C !�. b U U b U 0 U LO cLd O a cLd O C a) O C a a '0 C w y 3 W 'LS U U N C '0 C 4" 0 OA 0° a Ea c. 6 >° >>m 0 U C O N y C U P. 0 3 x t' co . as °' CD L a AD > s a V] O C E U C a E C Q" Y C ...o 4. cd '- N Cr U •r.. L O w L y O. 0 'O U *-. a 7 'b C a) 0 w0 - O O as a ° s C O rn �' y° C U C U z T ct " t Y oa 3 a ° 'o Y °d a'y •�, E x cd N �"a- 0 c .� c C - CC C C now m 3.o = .0_, aO 3 o°?' cbno�ax3 o o widaUs�°Ec .dpx w o y H CE." a L (I-1 E N°Ts o a) ,c E s. cz Y _ w Y E On srs ' OA 3 :� > CA o Y c° 30� o o > �w • Eb L°a c rx s cd �d � a' s — = .o E . E a o 3 X O C w 4-. U Y-. d cd .OD Cd C 0 y L �O 'L U 7 s. . 7 '0 U O° '0 a) „L,Y U m O •-3 -O U W s. 0. D y k-0 0. 3 y- a) a C .0 .N, �. C 0 N 00 a) .m >> a• i' U >' 40 C . CJ 0 C cd 00 O- ti U • _ a OU 0 C E E s a) U O cCd .�? O vi a a) en M U 0. t°. � U C C 0 MO bA U .'�. C cd O C C 1.., >✓ U 0 CO N k '+�-' ¢ b0A 0 U pA Y 0 U N= rn C bA 0 C c.L. E a) E Y °_) ° c E c 0 .- O ac) o- x U a W so ° o f ° c a) U O > 0. O • 7 3 U c C_ U> C O C a p ° U c. W L C vi .0 • � U U O p p 7 C p >,— 0 moo, p .E a) U C d. cd a) O YO U p a cd >> a) a w b U •� y a •E U- YO .O U a) `.1-,w w E. .E c°d o y E 9,b- E Y 8 a .� E E a s C c s o r= '0 o av a -a o id c c� co a) a) y -o U 7 00 c6 C a) U v' c .Y 0 4' C N U - 0) C A. r/0l ) ,� -o 0' X. 'C ° ,r, o - .0 66 aA 0o OD - :: a) c) oA .- ° cd L a� e 3 c E co coas• 0/aj ON 0 a' a-, ° .1 E N U ..... P. U O 4) U 0 C L 0 [ 0 ,O O 0 O C NX• +S•' O a •O E. a 43 .U. C t C C C L .� .V bA 3 J a C Csa, C C •a) F b, • C a0i • x C 'O `00 ,� • 7 a) y U �" 3 La R. aL) °. O :'O Y 0 C a) a N U U 0 C C U U D MA 0 U O U ,_, 0 .`.. MA > 3 y «. 0 E 0 .5 c aL7 ." U vi U cd > w E C b C-., b p• E ° o L E o °? U a> c °p'+j E E o .- o c W y •- ° a E L Y OOA E Y E° D c>i s 9° '� o .� 00 x 0L) ° 'x 0 °a U a O U c�Ld C C U U 2 p y •�_' N .T C v°i w .� 7 .- s 7 E a OUA y N ,� C O E }L. Q. N C i OL 0 OL E co" C 7 .0 N C 'O a) y cn =to , �i V N 0 •cd - _4, w a) U >' U wo •C•cUi ❑ 3 °) °� >° E c p c �d °?� cad o c s co E cd o-o-a Y ° O > au •N w a.n a) o. ssU cTE� O! o 0) ° O E °N' g .0 aEi s° d C cad c 3 a a) 0. 00 ° 00 U O 0) Y x E . E > p ci ai w w ca .o 0) -o id L 00 p 0) 0 ai 0 b4 ° 1) 00 . 0) -6 .0 .0 U U 7 U U O 3 3 00.c°i g U w s C caU Q a ¢ z g vi E c r 00 o; o _. C .U, v O R% C y O V a)(5...E .N 0. a)�; n - to p C..)r.. et C..) y C •_ 0 A .0 . 0 >, a bbA ban 0 F°, 71 as E .D1 cn E 0 -0 4 .D to C 0 C N U X et i" a w • E O U rri E U to •y ao s 0 N U 'b C U C .0 a) O N U 'O -0 0 -O N E N y 'rn > .2 2-0 8 2 cc9 -O ° O• ^ o U S. _ .0 N a) C° co a cd > .O ° U O U y O •E U p O Y ca U 4.. U YU°. Q. �, CCC N,..,-, 01 CL U E • ,S NYQY ) °�1 Xa a •' . E a .) .c C -dRf ct "3 a) cd a) A>, E 02a. �U Q..>L VI Y y •O4 -O '+ U .D N d N E a) bA 0 C C ° C y U O en aL... ^ N .0 0. et O a cd ,Y _ y _ w U w e U 3 0 a E s v cd 0 c 0 0.° 2 c° E > 0 ...0 ca .. E U Y U c Fd Y U O �' O• 0 E Fy U >' O w > > C . Ois. cat ;3 O }. a. a. E u E� >.°� °' E of U a a o o ct 0 0 o A U N • o �. = on ._ .. ay' - a) 75 C p -o U C O N C0 -0 O cad O ° ,'�., cad . U U 0. 0. U .. [ U OD 23 bA.m O N w 9 Oy U -O 44. G 0. U E p 0. E E C U bb•- ; O bA U U cd U W CG •bA a Y c U (0 E • .E 0 N U,E p o. Y .s.0 -a cd co n w y ai 0 UN s �_ cc'd O O O vi c`" cEd U X O y 0. m 0. bA a w c' .U, 3 U U U 0) E .o 3 E C C a . 0 o° �¢ rn U U U b .5 a' U aY Q •Y U T. E U .0 .0 0 '0, 0, -0 O 70 ET 0 \ C>, O C wa-d o.0 0 D � yO et U 0 OO N •> C n 'EN .Ui NyN •'�c,-E U N y O ad •. C -0U a+ O O Un r0.bA o 0 b°':O .. (0 ' U -0 (rny ( C by Uy . .,- ',.-E'� U G.) U C 0 0..E O3 0. N CI a .. U 0 E 0 bA p., E L L y X �, 3 .�' U •�"� U W y0 U U U C no C rn - E y Y -0 C 'E s s -p c d o °'CO _ U a 0 a U ^" 0 0 C C • = N a' -° ° y W cz , r'0 N C 9 '�C"-+ E as oo C ° V C Y C C y Y .U.. a. -O r4 U N U O O > ° O O U O U y U C> rn .. o o o CU p a° 00 a° ti a>i o U U A, id U 0 U0. 0 O C -O •a+ cd 'C c E -Ucu O = ° a .a a) > 440:: ai " a C CU-C C O U U •3 L U 0 0 O Cj x a ° vi U 0 O Q U O O y3 V O O 7 O 0 -0 -C eU� Z Z, on00° 00. a y 0. 0. 0. a ca'i ca'i w C C 0 3 �. n.5 E c(`o,o,5 o 0 0 °U X a�i U 3 U w > HQ 3HHgQ ° 0)MI d O "� O o R. C •U Z ...- Q U U y n v L O 3 3 0 c U w U C .0 Li-0 U -O N a o . > U Oy U U 0 ^ C 0 ° (.1 M 4 0 ! .O 7. Planned shopping center (mall) up to 500,000 square feet. 3. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. (0 N aa) Ni O\ W a) c r o 0 0 3 O cd o0 C: yU, c0 rn N O O A U O U 0 a 0 O ° Y O N N .... 0 0 c ci C a)Td b 0 y 0 -fl C E O 0. .U. C E c D ° o 3 L c o" d O C O OU w U id 0 O U 0 y C U 0 0 m .a' E'' E - .0 w 0 c 0 Q.- o U o co 3 0 0 c U N V a O ti cad .y ,0 cn b 7 ° OU 3 '+-' C '� C -0.0 p U 'O 2 -0 yU U U «1 •b U in' 4' cC w W Ci• -0 _- 0. .0 U O o O U • 'U •0 0 U R• 0EA va 4. c. U r7 n• U O U O U y a O Zi C W O° iL .. .= p C O O Q U O C 0 w 'NO •O •� ° �, U U .0 bA -O a C7' ° U y W N 3 o ° cd c o adi ° 3 c E ° „ E .U. U cd rn ' C ��. -O �,'-CI L U O E c 3 o a ay' 0 :? 0 • C 3 y -o a o O O N 0 A O cp W Et 'El cd U a' U E id U •5 '• C UO C .U. U Lam' 0. O U N .^ Tl .-. U o Uin N U cd .3 i y 'C E 77 ° N •- O '.' C U u C T > N ti ° -O c� vi . to U M U U y W WO ,� p U 0. N C U^ 4Nr 0.. °.� .E O 00 Y N- -a Z X id v>'i •cyd •X C >' U C c 0 U o 0 v •� '^ O U C •O 0.• U p = •y N (�-, ''i c O E •� o C .0 N U .U, cd C .b a y ° y •-. E ° U • y o 1 c) U o E `, o `Y c 4'UEgb0.cn-)a, 4U0.4�4'twc b 3 c E cu a o U C O .' ° .!3 ro•i•.. r. i•. C O N, W O U U Cy C -O Q. •ti O 7 C'cd 4 4.. C U U '.>rn • O � Z 3: mZsaF- 3 a ° 0 U i C -O U ° N s v, > • O .U, O :. O • U N �y O\ bCA X Q L 4••I 0 O • 2 U co O y N C O 0 al _O C 0. al •O N ~• na `° a `° > O o > E o • - N Y C O • c• C bA • C yP? bA a.) U • •a P. - U P. °' 4.4 a) . • • c• d W � t' • E 0 0 T a L C U W E v, N U O C • O y N C• CJ'O 0-1 O O u. C O ,O O Q y ▪ 'O C •N y 0. C • U O O 2 .th• 741 bn .0 ▪ N • u U C 0•0 Ems. { 1. No night clubs 92. Theaters for live performances only, not including adult entertainment establishments. Exhibit B to Title 18 Ordinance Work -Place u a a a a a a< a a a a a a a a s a a 0.0 Hotel, Motel, Extended Stay, Bed and Breakfasts P P P 1 Civic & Institutional TOD Pond District Commercial Corridor oc V a a a a a a< 0- a a a a s a 0 a a a a a a a s a s a a a s a a a a a a a a a a a p3 a a a a a a a a s 0. a a a P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit Regional Center For parking requirements see Table 18-5 or Figure 18-7 a a a a a a a a Cl. Q a s a a a s a a a a a Animal Kennels and Shelters, including doggy daycare Athletic or Health Clubs Automotive Service and Repair Banks, Financial, Insurance, and Real Estate Services Bar & Nightclubs Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls Bulk Retail Business Services (e.g. copying, fax and mailing centers) Drive Through Facilities or Services Electric Vehicle Charging Station L1&2 Electric Vehicle Charging State L3 Gas Stations, including Car Wash General Retail Laundries, Tailors, and Dry Cleaners Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) Recreation Facilities (commercial indoor) Recreation Facilities (commercial outdoor) Repair Shops (small scale goods: bicycle, appliance, shoe, computer) Restaurants with associated cocktail lounges and sidewalk cafes Theaters except adult entertainment Vehicle Rental and Sales (not requiring a commercial DL) Veterinary Clinic with temporary indoor boarding and grooming Professional, Outpatient Medical, Dental, Governmental Services, and Research Medical and Dental Laboratories Convention & Exhibition Facilities, including multipurpose arena facilities Business license o.-i oo 06 400 OEOT Ref. abovet Ref. abovet D 01 CO 0 m o 01 Ref. abovet Ref. abovet Ref. abovet 00 Ref. abovet Ref. abovet Ref. abovet 840 o N 630 Ref. abovet 290 a a s Commercial Corridor Work -Place u a Industrial, Manufacturing, & Warehouse < 0- a Q n. a Transportation, Communication, & Infrastructure a Essential Public Facilities, except those listed separately L UUP UUP UUP I UUP UUP UUP I UUP I UUP a. UUP < a u a a a a a a v a a Q a u u a a a 0- a a u Pond District a u a a Park and Ride Lots UUP UUP I UUP Q a u u a a a a a a u 0 0 I - a n d a Intermodal Transit Stations, Rail transit facilities UUP UUP Q a u u a P7 P7 a. a a a u Regional Center a u a 0 Q a u u a Cultural Facilities, including: libraries, museums, art galleries, performing arts centers Daycare Centers Education and Instructional Facilities, public and private including college and universities Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers Police and Fire Stations P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18-5 or Figure 18-7 Post Office Religious Institutions, greater than 750 sf assembly area Religious Institutions, less than 750 sf assembly area Cargo Containers subject to TMC 18.50.060 Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) Light Industrial: Manufacturing, Processing and Assembling uses that have little potential for creating off -site noise, smoke, dust, vibration or other external impacts or pollution. Manufacturing and processing of food and beverages including fermenting and distilling; with or without a tasting room, provided the tasting room occupies less than 50% of the total area of the building occupied by the tenant but no more than 3500 square feet; and the manufacturigprocess does not cause off -site impacts to neighboring properties or create a public nuisance. Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 Self -Storage Facilities Warehouse Storage and Wholesale Distribution Facilities Commercial Parking, day use only Internet Data Centers & Telephone Exchanges Parking Areas Public Transit Facilities and Stations (Bus) Radio, Television, Microwave, or Observation Stations and Towers Utility Facilities, above ground/ not in ROW Utility Facilities, underground/in ROW Wireless Communication Facilities ef. abovet ef. abovet ef. abovet ef. abovet usiness cense co O N O O ,w o faO co O OO O� 0 0 ?f. abovet o 0 0MI O !f. abovet !f. abovet .40 a o_ a a a a D_ Dormitories 0 O O. 0 0 01 E 0 Y CC E E O U c ar E 0) 0) cc 0) U b0 c C c 0 v 0 N m 0 co c0 01 CC O n N E O Y 0) Ll N VI>. c .0 0.1 3 VI- co ao U a 01. N U — LL Y 0. an.- 01 C_ i O _ 0 0 •(0 C O X C N c 'L (0 N 3 2 AS E C w C c Ql i — 0 Ql (0 N N y -o C 0 (0 C CO C 01 01 O_ O U l7 c 0 u O O 0 •- b`0 O 01 m 1 u Y •Y E C O. y C C O C an Y Y O i.7. 01 _CODE o m co �_ L 01 O vOi C"071 O O fO C 01 N 7 01 vl 00 .� W N yl O/ U O. Y 41 O C 01 O0 O1 00 0 N .E t a N E c0 00 c c c Ol N 01 N E xi 0 0- o _ 7 O 0) U G Z LL 0 W cM c 2 v H .a/ O) .--1 N m V LA Lc; 1� 0) N K * + * N 0 0 0 0 473 0 N o OU 8 c .ti l> U cll N 00 N c0 N 4- Y C 01 co 0 C Subject to TMC 18.58. ATTACHMENT D RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 5-4-16 MD:bjs Page 1 of 2 Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter approval is submitted to the Tukwila City Council for approval within sevenfive years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten years from the date of the preliminary plat approval if the protect is not subject to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The hearinq body of the preliminary approval may approve one extension not to exceed one year. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 4. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 5-4-16 MfThis Paae 2 of 2 ATTACHMENT E RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project -specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 5-4-16 MD:bis Page 1 of 5 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commis-sion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (1)(b)(i) and WAC 197- 11-800(1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197-11-800 (1)(b)(-iigiii) up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(iii)iv , up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197-11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197-11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Planned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified" uses are not planned actions); and W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 5-4-16 RArvkie Paae 2 of 5 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440 43.21C.031(2); and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21 C.031(2)); c. a conditional or unclassified use, in the respective MIC/L or MIC/H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21..04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project -specific SEPA-based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 5-4-16 MD:bis Page 3 of 5 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.06.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA— Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. 4995-Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Uniform -Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Sewer Plan 7. Shoreline Master Plan 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats — TMC Title 17 Section 17.01 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan Resolution-9-1-7 15. Zoning Code — TMC Title 18 W: Word Processing\Ordiinances\Title 21-Environmental & SEPA policies strike-thru 5-4-16 RAfThic Paae 4 of 5 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council:_ Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 5-4-16 MD:bjs Page 5 of 5 ATTACHMENT F RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non-commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi -tenant buildings that do not qualify for the Master Sign Program by allowing one additional building -mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bjs Page 1 of 11 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 43. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 54. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. W: Word Processing \Ordnances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 AArl•kic Pane 7 of 11 65. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 96. Land use notice boards per TMC Section 18.104.110. 407. Text or graphics on umbrellas located in outdoor seating or plaza areas. 448. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 4-29. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building -mounted plaque; and b. Each residential property shall be permitted one —four 6-sgea►e-feet banner of -rigid -signs that is -are temporary in nature, for a total siqn area of 12 square feet, with no sign larger than 6 square feet; and, subsection shall a as �„�nr�ly to n�rono s plc cal estate ' e" signs�-T.ho.�ver owe� 4-310. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 4411. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bis Page 3 of 11 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under TMC Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission. Section 3. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant aneee extension of net if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 knn•hic Pane 4 of 11 is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush -mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MICIH District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed five-10 square feet or one-third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bjs Page 5 of 11 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones F. Pedestrian Oriented Building -Mounted Signs. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. industrial Zones Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional TemporarySpec` t�.t Signage Each business operating within the City shall be permitted one additional temporary signspeeial-event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. W: Word Processing\Ordiinances\Title 19-Housekeeping re Sign Code Tissues strike-thru 5-4-16 WIrl•hic Pmnc R of 11 Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. B. The City may approve the use of portable signs for -special -events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bjs Page 7 of 11 b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building siqns located on the same exposed building face so Ionq as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shaH not exceed 500 square feet. The arca ••••-- - ,,eofinf • c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 54-16 MObis Paae 8 of 11 g. Lighting of billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights which that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a Tight sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for dgital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed -designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: 4-a. The applicant obtains a street use permit from the Ciity's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 2b. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bjs Page 9 of 11 5e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed. G--1 itiat+ve-sig nabe-maybe-displayed for an itiative--in- which-theres-an Lien . Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 12. 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. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bis Pane 10 of 11 Section 13. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 5-4-16 MD:bjs Page 11 of 11 ATTACHMENT G City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES Date: March 24, 2016 Time: 6:30 PM Location: Council Chambers Present: Chair, Sharon Mann; Vice Chair, Miguel Macstas; Commissioners, Louise Strander, Brooke Alford and Nhan Nguyen Absent: Commissioner Mike Hansen Staff: Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary Chair Mann called the public hearing to order. Motion: Commissioner Nguyen made a motion to adopt the February 25, 2016 minutes. Commissioner Maestas seconded the motion. All were in favor. Request: Commissioner Strander requested revisions to the minutes. After reviewing the public hearing recording staff determined that the applicable comments were already included in the minutes. Chair Mann opened the public hearing and swore in those wishing to provide testimony. CASE NUMBER: L16-0010 TITLE: 2016 Housekeeping Code Amendments TOPIC: Housekeeping Code Amendments to Title 17, 18, 19 and 21 (Subdivision, Zoning, Sign and SEPA Environmental Regulations) of the Tukwila Municipal Code. The proposed amendments range from code clarification to updating development regulations and permit processes. LOCATION: City Wide Minnie Dhaliwal, Planning Supervisor, Department of Community Development, gave the presentation. Two comment letters and a list of additional amendments related to the Sign Code were entered into the record. A copy of each of these items were previously handed out to each member of the Commission. The comment letters were received during the review process; one from Washington State Department of Transportation (WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments were content based regulations that the city attorney recommended to address in the ordinance. The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code, SEPA, and Subdivision/Plats. Sign Code Proposed sign code and sign permit changes: • Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content based regulations such as political signs, which are considered unconstitutional. Page 2 Public Hearing Minutes March 24, 2016 • Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was moved to a different location. • Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances. • Allowance of a non -content neutral center identification sign on each business owner's premise. • Increase the size of the fuel canopy signs to a 10 sq. ft. maximum. • Increase the number of signs allowed on residential property to two without a sign permit in lieu of political sign provisions. • Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone through design review. Delete real estate portable sign provisions as these are content based. Staff's response to comment letters: Washington State Department of Transportation (WSDOT): WSDOT has their own sign regulations. WSDOT provided comments on the signs that can be seen from the free -way and the limited access. Staff informed WSDOT that the City's code states the applicant is supposed to obtain any permits needed from WSDOT. Also, the applicant is supposed to comply with WSDOT's regulations. However, staff said because WSDOT's codes are also content related they need to review their own regulations and revise their codes. Southcenter Square Property Owner: The property owner requested amendments to allow a property identification sign. Staff said their property qualifies for the Master Sign Program. In 2011 a Master Sign Program was approved for the property. However, Carter's already had one sign and even under the Master Sign Program a second sign on the same facade is not allowed. Language is being proposed that could be added to the Master Sign criteria to allow the sign area for a facade to be divided into two signs as long as they are at least 20 ft. apart. This provision would apply to only one location on the premise. Staff said it would help with place making and is much nicer than some of the other signs that arc currently allowed, which were approved under the Master Sign Program. Staff is supportive of the change. The proposed language was provided in Exhibit -3 Testimony Kevin McNulty, representative for the Parkway Village provided somc history on the land, ownership and the major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name to Parkway Village, and did somc signage improvements and removed all of the non -conforming signs. He said they wcnt from an outdated look to a new village concept for retail look and they have already seen increased activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an additional sign on the top of their building. It would prominently display the new center name and they believe the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent. The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show a renewed commitment to the area. Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also who would review the project. Leshya Wig, Wig Properties, Owners of Southcenter Square, said they built their property in 2007. At the time ._ .1__ ______11 __ _1_ Page 3 Public Hearing Minutes March 24, 2016 the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they have not be able to because with the existing sign code it is not permitted. Under the MasterSign Program they are requesting the allowable sign area be split between two flush mounted building signs instead of having it all in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their property and they would be very thankful for the opportunity to make the investment for an additional sign. There was no additional public testimony. The Planning Commission deliberated on the Sign Code. Staff responded to several questions from the Commissioners. The Commissioners were in consensus with the following additional changes to the Sign Code: • 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties - Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning Commission recommended to allow up to four signs with each sign less than 6 sq. ft.. with a maximum total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to real estate signs in the code. • 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical separation of 20 ft. • 19.12.040 Prohibited Signs, number 3, 'Any sign, symbol, object or device located within the City or State right-of-way, City easement or City owned property without City or State approval.' Need to include not just the City right-of-way, but also City owned property. • 19.12.040 Prohibited Signs, add number 10 to read, 'No sign can be put on any property without the property owner's permission.' Zoning Code There was no public testimony. Proposed changes. • Amend procedures section of the code to correctly reference the use of a hearing examiner process for quasi-judicial land use decisions. • The need for assisted living facilities definition, adopting the state law definition and listing them as a permitted use/conditional use where a convalescent center/nursing home is permitted/conditional use. • Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put them in the matrix format. • Incorporate code interpretations into the code. • Add hardship criteria to the Zoning Code Variance criteria. • Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45 feet. • Single family standards — clarify language to read 'any structure on a residential piece of property that requires a building permit.' • Housing Option Program — Repeal the ordinance as was sunset in 2008. There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent center/nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes arc not allowed in HDR or MDR. Staff clarified the scope of proposed changes was housekeeping so no major policy related changes were proposed. Commissioner Mann requested that staff review the definition of Senior Page 4 Public Hearing Minutes March 24, 2016 Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the Housing Options Program at this time, but deferred until there is further discussion on the topic. Four Commissioners voted to leave Housing Options Program in the code until such time that there is further policy discussion on Housing Options Program. Proposed change by the Commission: • 18.06.708, Senior Citizcn Housing, remove the following language from the last sentence in the definition: `however, the population of disabled individuals may not exceed 20% of the residents.' SEPA There was no public testimony. Proposed changes: • Update Tukwila Municipal Code (TMC) to be consistent with the updated State Law. • Update the list of plans referenced in the TMC with the latest versions • Revise the SEPA ordinance to add exemption criteria for development proposals in the Tukwila Urban Center and add procedures for tracking such exempt development. Subdivision and Plan There was no public testimony. Proposed changes: • Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the State Law. The public hearing was closed. Motion: Commissioner Alford made a motion to approve Case Number L16-0010, 2016 Housekeeping Code Amendments as revised, and to forward them to the City Council for their review. Commissioner Strander seconded the motion. All were in favor Director's Report: • Wood Springs Suites Hotel Design Review proposal coming to PC in April Adjourned: 8:20 PM . Submitted by: Wynetta Bivens Planning Commission Secretary Adopted: 4/28/16 City of Tukwila City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 25, 2016 - 5:30 p.m. - Council Chamber, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Jack Pace, Laura Benjamin, Evie Boykan, Minnie Dhaliwal, Nora Gierloff, Rachel Bianchi, Bruce Linton, Laurel Humphrey Guest: Katrina Dohn, resident CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m,. I. ANNOUNCEMENT 1I. BUSINESS AGENDA A. Ordinances: Housekeeping Amendments to Titles 17,18,19 and 21 of the Municipal Code Staff is seeking Council approval of four ordinances that would amend the Zoning, Subdivision, SEPA, and Sign Code Titles of the Municipal Code to incorporate a variety of housekeeping *amendments as described in detail in the staff report. The Planning Commission held a public hearing on March 24, 2016 and recommends approval of the amendments as proposed. Councilmember Hougardy noted she has suggestions for sign regulations that would help smaller businesses and would like to discuss those with staff. One suggestion would be to reduce the permit fee if certain criteria is met, and staff said that could be addressed when the fee resolution is brought forward later this year. Chair Quinn asked that individuals who served on the Sign Code Committee be notified of the public hearing. He also stated his expectation that code amendments are reviewed for consistency with the Strategic Plan. UNANIMOUS CONSENT. FORWARD TO MAY 9, 2016 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. B. Draft Facilities Outreach Plan Staff presented a draft facilities outreach plan to the Committee. At the Council Work Session on April 11, 2016, the Council discussed presenting the following two options to the public on addressing public safety facilities: 1) A public safety voter approved bond including a justice center to house police and courts, replacement of three fire stations, and full funding of fire apparatus and equipment. The City would fund replacement of George Long and Minkler shops with 63/20 financing and/or LTGO bonds and half through enterprise funds. City of Tukwila Community Affairs & Parks Committee O De'Sean Quinn, Chair O Kathy Hougardy o Thomas McLeod AGENDA Distribution: D. Quinn K. Hougardy T. McLeod J. Duffle D. Robertson Mayor Ekberg D. Cline C. O'Flaherty R. Turpin L. Humphrey M. Dhaliwal R. Bianchi J. Pace MONDAY, APRIL 25, 2016 - 5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3) at east entrance of City Hall RECEIVED APR 22 21116 Community Development Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Four ordinances for housekeeping code amendments to Titles 17, 18, 19 and 21 of the Tukwila Municipal Code. Minnie Dhaliwal, Planning Supervisor b. Committee discussion and input on the draft Facilities Outreach Plan. Rachel Bianchi, Communications and Government Relations Manager c. Review of draft housing options matrix. Jack Pace, Community Development Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS a. Forward to 5/9 C.O.W. and 5/16 Regular Mtg. b. Committee consideration. c. Committee consideration. Pg.1 Pg.123 Pg.131 Next Scheduled Meeting: Monday, May 9, 2016 Tha City of Tukwila ctrivac to arrnmmnriata thnca urith riicahilitiac City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Jack Pace, Community Development Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: April 20, 2016 SUBJECT: 2016 Housekeeping Code Amendments ISSUE Public Hearing regarding the proposed housekeeping code changes to the Zoning, Subdivision/Plats, State Environmental Policy Act (SEPA), and Sign Codes„ BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Codes together for your consideration. Staff briefed the Community Affairs and Parks Committee on February 22, 2016 and the Committee forwarded them to the Planning Commission for review and recommendation. The Planning Commission held a public hearing on all the proposed changes on March 24, 2016 and their recommendations are reflected in the attached ordinances in the underline/strikeout format. DISCUSSION I. Proposed Title 18 Zoning Code Changes (See Attachment C for the Title 18 Ordinance) 1. Add an Assisted Living Facility definition and list it as a permitted/conditional use where convalescent center use is allowed and consider assisted living facility for seniors similar to a senior citizen housing. See Attachment A for the proposed and existing definitions and the list of zones where these are permitted. The zoning map can be found online at http://www.tukwilawa.gov/wp-content/uploads/Comp-Plan Zoning-Map.pdf Planning Commission also recommended to amend the definition of Senior Citizen Housing (See Section 1, 2 and Exhibit A of the Title 18 Ordinance). 2. Delete the list of permitted uses in each separate zoning district chapter and create a new chapter with Zoning Code Use Matrix. See Exhibit A to Title 18 Ordinance for the matrix and the existing list of uses that the matrix would replace are attached as Attachment B. (See sections 3, 4 -12, 15-22 of the Title 18 Ordinance). 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similarly to other automotive services; Arenas are a permitted use in TUC-TOD; Townhouses are not limited to four-plexes in HDR (Section 3 and Exhibit A of the Title 18 Ordinance; Brewery/Taprooms are permitted in TUC-WP (Section 13 and Exhibit B of tha Titla 1f2 Clrriinancal' INFORMATIONAL MEMO Page 2 4. With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non -conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre-existing buildings that are taller than 45 feet. (Section 14 of the Title 18 Ordinance). 5. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. (Section 23 of the Title 18 Ordinance) 6. The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: a. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review -Section 24 of the Title 18 Ordinance); b. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission -Section 25, 26, 27, 28, 29, 30 of the Title 18 Ordinance). c. TMC18.70.040 (Non -conforming uses -Section 31 of the Title 18 Ordinance); d. 18.100.030 & .050 (Correcting the hearing body on Type 4 decisions and Preliminary Plats are reviewed by the hearing examiner/Board of Architectural Review instead of City Council -Section 33 and 34 of the Title 18 Ordinance); 7. Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. (Section 32 of the Title 18 Ordinance). II. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. (Section 1 of the Title 17 Ordinance). III. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. (Section 1, 2 of the Title 21 Ordinance). INFORMATIONAL MEMO Page 3 increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project -specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. (Section 3 of the Title 21 Ordinance). 3. Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. (Section 4 of the Title 21 Ordinance). IV. Proposed Title 19 Sign Code Changes 1. Remove references to political signs and any other content based language in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. (Section 1,6,7,9,10 of the Title 19 Ordinance) 2. Planning Commission recommended to incorporate some of language that was removed as part of repealing the political signs .section such as no signs can be installed without the property owners' permission. (Section 2 of the Title 19 Ordinance). 3. Update TMC 19.20.050 to clarify that the allowable area for incentve signage is 50% of the maximum otherwise allowed. (Section 5 of the Title 19 Ordinance). 4. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. (Section 3 of the Title 19 Ordinance) 5. Allow one additional building mounted sign for multi -tenant complexes which do not qualify for the master sign program. (Section 4 of the Title 19 Ordinance) 6. Revise maximum size requirements for fuel canopy signs from a maximum of 5 sq. ft. to 10 sq. ft. or one third of the area of the canopy whichever is less. (Section 4 of the Title 19 Ordinance) 7. Allow the signage for one sign on a premise to be split into two signs under the Master Sign Program. (Section 8 of the Title 19 Ordinance) FINANCIAL IMPACT N/A RECOMMENDATION The Committee is being asked to forward the Planning Commission's recommendations to the n . ,.:u ....� ♦L,. IA/M..Ir €..r rl:r..., �c+e �r n .,r,rl henrinr, nn RAn‘r O .Dni h` ,nri c, ihconi Font INFORMATIONAL MEMO Page 4 ATTACHMENTS A: List of definitions zones associated with an assisted living facility. B. List of uses in different zones that are proposed to be replaced with a matrix C. Title 18 Ordinance along with Exhibit A and B D. Title 17 Ordinance E. Title 21 Ordinance F. Title 19 Ordinance G. Draft minutes from the Planning Commission meeting on March 24. 2016. ATTACHMENT A NEW DEFINITION: TMCI8.06.057 Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." Per RCW 18.20 an "Assisted living facility" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well- being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. EXISTING DEFINITIONS: 18.06.170 Continuing Care Retirement Community"Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. (Ord. 2235 §1 (part), 2009) 18.06.173 Convalescent/Nursing Home"ConvalescentNursing home" means a residential facility, such as a hospice, offering 24-hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in -patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. (Ord. 2287 §4, 2010; Ord. 1976 §13, 2001) 18.06.249 Dwelling Unit"Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. (Ord. 1976 §7, 2001; Ord. 1758 §1 (part),1995) 18.06.247 Dwelling, Multi-Family"Multi-family dwelling" means a building designed to contain two or more dwelling units. Duration of tenancy in multi -family dwellings is not less than one month. (Ord. 1976 §4, 2001; Ord. 1758 §1 (part), 1995) 18.06.708 Senior Citizen Housing"Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units : may not exceed 20% of the total unitsresidents. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. (Ord. 1795 §1 (part), 1997) Zoning Convalescent/Nursi ng Home & Assisted Living for Convalescent/Nursi ng Home&Assisted Senior Citizen Housing Continuing Care Retirement Community Living for more 12 or less patients than 12 patients MDR Conditional Use - Permitted meeting density and all other MDR standards- HDR Permitted Permitted 60 du/acre MUO Permitted Conditional Use Permitted 60 du/acre Conditional Use 0 Permitted Conditional Use Conditional Use NCC Permitted Conditional Use Permitted 60 du/acre Conditional Use RC Permitted Conditional Use Permitted 60 du/acre Conditional Use RCC Conditional Use RCM Permitted Conditional Use Permitted 60 du/acre Conditional Use TUC - - Permitted in Regional Center, TOD, Pond and WP. Permitted in Pond and TOD C/LI Permitted Conditional Use Conditional Use TVS Permitted Conditional Use Conditional Use 100 du/acre Conditional Use TSO Permitted Permitted Permitted Permitted ATTACHMENT B EXISTING LIST OF USES TO BE REPLACED BY A MATRIX CHAPTER 18.10 LOW DENSITY RESIDENTIAL (LDR) DISTRICT 18.10.020 Permitted Uses The following uses are permitted outright within the Low -Density Residential District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling — One detached single-family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 4. In Commercial Redevelopment Area 4 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. (Ord. 1976 §17, 2001; Ord. 1865 §5, 1999; Ord. 1758 §1 (part), 1995) 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; 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 Early Learning or its successor agency 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 fiom 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. (Ord. 2368 §4, 2012; Ord. 2251 §11, 2009; Ord. 1989 §2, 2002; Ord. 1976 §18, 2001; Ord. 1758 §1(part), 1995) 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. 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, 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. (Ord. 2251 §12, 2009; Ord. 2135 §3, 2006; Ord. 1976 §19, 2001; Ord. 1758 §1(part), 1995) 18.10.050 Unclassified Uses The following uses may be allowed within the Low -Density Residential District, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Mass transit facilities. 3. Neighborhood stormwater detention and treatment facilities. 4 Sewage lift stations. 5. Stormwater pump stations. 6. Water pump stations. 7. Water utility reservoirs and related facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. CHAPTER 18.12 MEDIUM DENSITY RESIDENTIAL (MDR) DISTRICT (Ord. 1865 §6, 1999; Ord. 1816 § 1, 1997; Ord. 1758 § 1(part), 1995) 18.12.020 Permitted Uses A. The following uses are permitted outright within the Medium Density District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling - One detached single-family dwelling per lot. 2. Dwelling - Multi -family duplex, triplex or fourplex units, or townhouse up to four attached units. 3. Detached zero -lot -line units. 4. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 5. Day care centers. 6. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 7. Shelters. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. (Ord 2199 §11, 2008; Ord. 1976 §20, 2001; Ord. 1865 §9, 1999; Ord. 1758 §1(part), 1995) 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 Tess 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 Early Learning or its successor agency 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 Tess 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. (Ord. 2368 §6, 2012; Ord. 2251 §14, 2009; Ord. 1989 §3, 2002; Ord. 1976 §21, 2001; Ord. 1758 §1 (part), 1995) 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. 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. (Ord. 2251 §15, 2009; Ord. 2135 §4, 2006; Ord. 1976 §22, 2001; Ord. 1758 §1(part), 1995) 18.12.050 Unclassified Uses The following uses may be allowed within the Medium -Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT (Ord. 2097 §7, 2005; Ord. 1865 §10, 1999 Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995 18.14.020 Permitted Uses A. The following uses are permitted outright within the High -Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. 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. 5. Dwelling - One detached single-family dwelling per lot. 6. Dwelling — multi -family. 7. Dwelling — townhouse up to four attached units. 8. Libraries, museums or art galleries (public). 9. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 10. Shelters, B. In Commercial Redevelopment Area 3 (see Figures 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. (Ord. 2199 §13, 2008; Ord. 1976 §24, 2001; Ord. 1865 §13, 1999; Ord. 1830 §2, 1998; Ord. 1758 §1 (part), 1995) 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 Tess; 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 Tess 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 Early Learning or its successor agency 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 Tess 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. (Ord. 2368 §8, 2012; Ord. 2251 §17, 2009; Ord. 1989 §4, 2002; Ord. 1976 §25.2001; Ord. 1758 §1(part), 1995) 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. 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. (Ord. 2251 §18, 2009; Ord. 2135 §5, 2006; Ord. 1976 §26, 2001; Ord. 1758 §1(part), 1995) 18.14.050 Unclassified Uses The following uses may be allowed within the High Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title that the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §8, 2005; Ord. 1865 §14, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) MIXED USE OFFICE (MOO) DISTRICT 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. 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. Daycare 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial - indoor), athletic or health clubs. 21. Religious facility with an assembly area less than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. 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. 24. 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). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios - art, photography, music, voice and dance. 28. Telephone exchanges. 29. 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. (Ord. 2287 §7, 2010; Ord. 2251 §19, 2009; Ord. 2097 §9, 2005; Ord. 1986 §5, 2001; Ord. 1976 §28, 2001; Ord. 1971 §7, 2001; Ord, 1830 §5, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 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 dwellig 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 Early Learning or its successor agency 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. (Ord. 2368 §10, 2012; Ord. 2251 §20, 2009; Ord. 1976 §29, 2001; Ord. 1758 §1 (part), 1995j 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. 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. (Ord. 2287 §8, 2010; Ord. 2251 §21, 2009; Ord. 2135 §6, 2006 Ord. 1865 §16, 1999; Ord. 1830 §6, 1998 n..J 17C4 R1 f„.,rtt 1004 18.16.050 Unclassified Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 9. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §10, 2005; Ord. 1865 §17, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) OFFICE (0) DISTRICT 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. Daycare 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial - indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet. 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g., drive-ins, service stations). 20. Schools and studios for education or self-improvement. 21. Shelters. 22. Studios - art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2287 §9, 2010; Ord. 2251 §23, 2009; Ord, 2097 §11, 2005; Ord 1986 §6, 2001; Ord. 1976 §31, 2001; Ord. 1971 §8, 2001; Ord. 1830 §8, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 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 Tess 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 Early Learning or its successor agency 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. (Ord. 2368 §12, 2012; Ord. 2251 §24, 2009; Ord. 1976 §32, 2001; Ord. 1758 § 1(part), 1995) 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. 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, 11. Schools, preschool, elementary, junior or senior high schools (public), community centers and golf courses. and equivalent private schools. (Ord. 2287 §10, 2010; Ord. 2251 §25, 2009; Ord. 2135 §7, 2006: Ord. 1976 §33, 2001; Ord. 1865 §19, 1999; Ord. 1830 §9, 1998; Ord. 1758 §1 (part), 1995) 18.18.050 Unclassified Uses The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Correctional institution operated by the City of Tukwila. 2. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 3. Neighborhood stormwater detention and treatment facilities. 4. Stormwater pump stations. 5. Water utility reservoirs and related facilities. 6. Sewage lift stations. 7. Water pump stations. 8. Mass transit facilities. 9. Other uses not specifically listed in this title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1976 §34, 2001; Ord. 1865 §20, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT 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. Daycare 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: 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. (Ord. 2287§11, 2011; Ord. 2251 §26, 2009; Ord. 2097 §12, 2005; Ord. 1976 §36, 2001; Ord. 1758 §1(part), 1995) 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; 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 Early Leaming or its successor agency 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. (Ord. 2368 §14, 2012; Ord. 2251 §27, 2009; Ord. 1976 §37, 2001; Ord. 1758 §1 (part), 1995) 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. (Ord. 2251 §28, 2009; Ord. 2135 §8, 2006; Ord. 1976 §38, 2001; Ord. 1814 §3, 1997; Ord. 1758 §1(part), 1995) 18.20.050 Unclassified Uses The following uses may be allowed within the Residential Commercial Center District, subject conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations, which the responsible official, acting pursuant to the State are significant environmental actions, may be allowed within the Residential Commercial Center procedures and conditions established by the Unclassified Use Permits chapter of this title. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water Utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. to the requirements, procedures and Environmental Policy Act determines District, subject to the requirements, (Ord. 1865 §21, 1999; Ord. 1758 §1 (part), 1995) NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT 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. 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 by products, 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 -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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial - indoor), athletic or health clubs. 25. Religious facility with an assembly area less than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 28. 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. 29. Schools and studios for education or self-improvement. 30. Studios - art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. 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. (Ord. 2287§12, 2010; Ord. 2251 §29, 2009; Ord. 2097§13, 2005; Ord. 1976 §40, 2001; Ord. 1954 §1, 2001; Ord. 1830 §11, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 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 Tess; 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 Early Learning or its successor agency 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. (Ord. 2368 §16, 2012; Ord. 2251 §30, 2009; Ord. 1976 §41, 2001; Ord. 1758 §1(part), 1995) 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. Colleges and universities. 2. Convalescent and nursing homes for more than 12 patients. 3. Electrical substations - distribution. 4. Fire and police stations. 5. Park -and -ride lots. 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Religious facility with an assembly area greater than 750 square feet and community center buildings. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 2251 §31, 2009; Ord. 2135 §9, 2006; Ord. 1865 §23, 1999; Ord. 1830 §12, 1998; Ord. 1758 §1 (part), 1995) 18.22.050 Unclassified Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stomiwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6 Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §24, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) REGIONAL COMMERCIAL (RC) DISTRICT 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 carpenter 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. 15. Convention facilities. 16. Daycare centers. 17. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooing ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of fumiture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self-improvement. 44. Self -storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and/or wholesale distribution facilities. 51. 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. (Ord. 2368 §18, 2012; Ord, 2287 §13, 2010; Ord. 2251 §32, 2009; Ord. 2021 §2, 2003; Ord. 1986 §7, 2001; Ord. 1971 §10, 2001; Ord. 1865 §27, 1999; Ord. 1830 §14, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1(part), 1995) 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 Early Learning or its successor agency 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. (Ord. 2368 §19, 2012; Ord. 2251 §33, 2009; Ord. 1989 §5, 2002; Ord. 1976 §43, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 11. Internet data/telecommunication centers. 12. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to 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 Tots. 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. (Ord. 2368 §20, 2012; Ord. 2287 §14, 2010; Ord. 2251 §34, 2009; Ord. 2135 §10, 2006; Ord. 1974 §3, 2001; Ord. 1865 §28, 1999; Ord. 1830 §15, 1998; Ord. 1758 §1(part), 1995) 18.24.050 Unclassified Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 1976 §44, 2001; Ord. 1865 §29, 1999; Ord. 1758 §1(part), 1995) REGIONAL COMMERCIAL MIXED -USE (RCM) DISTRICT 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 Tots. 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 carpenter 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. Daycare centers. 17. Dwelling - multi -family units above office and retail uses. 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. 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; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of fumiture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self-improvement. 44. Self -storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Tavems, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and/or wholesale distribution facilities. 51. 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. (Ord. 2368 §22, 2012; Ord. 2287 § 15, 2010; Ord. 2251 §35, 2009; Ord. 2021 §3, 2003; Ord. 1986 §8, 2001; Ord1971 §11, 2001; Ord. 1830 §17, 1998; Ord. 1814 §2, 1997; Ord. 1758 §1 (part), 1995) 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 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 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §36, 2009; Ord. 1989 §6, 2002; Ord. 1976 §49, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 11. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to 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 Tots. 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. (Ord. 2368 §23, 2012; Ord. 2287 §16, 2010; Ord. 2251 §37, 2009; Ord. 2135 §11, 2006; Ord. 1974 §4, 2001; Ord. 1865 §32, 1999; Ord. 1830 § 18, 1998; Ord. 1758 §1(part), 1995) 18.26.050 Unclassified Uses The following uses may be allowed within the Regional Commercial Mixed Use District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66. 1. Essential public facilities, except those uses listed separately in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 2097 §14, 2005; Ord. 1991 §3, 2002; Ord. 1976 §48, 2001; Ord. 1865 §33, 1999; Ord. 1758 §1 (part), 1995) COMMERCIAULIGHT INDUSTRIAL (C/Li) DISTRICT 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 one-half 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 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 carpenter shops employing Tess 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. Daycare 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 -serve b. dry-cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturing, processing, assembly, packaging and/or repair 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. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e administrative f. business, such as travel, real estate g. commercial 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 37. Pawnbrokers. 38. Planned shopping center (mall). 39. Plumbing shops (no tin worts or outside storage). 40. Railroad tracks (including lead, spur, loading or storage). 41. Recreation facilities (commercial - indoor), athletic or health clubs. 42. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 48. 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. 49. 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. 50. Salvage and wrecking operations that are entirely enclosed within a building. 51. Schools and studios for education or self improvement. 52. Self -storage facilities. 53. 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. 54. Studios - art, photography, music, voice and dance. 55. Taverns, nightclubs. 56. Telephone exchanges. 57. Theaters, excluding adult entertainment establishments, as defined by this code. 58. Tow truck operations, subject to all additional State and local regulations. 59. Truck terminals. 60. Warehouse storage and/or wholesale distribution facilities. 61. 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. (Ord. 2368 §29, 2012; Ord. 2287 §20, 2010; Ord. 2251 §41, 2009; Ord. 2021 §5, 2003; Ord. 1986 §10, 2001; Ord. 1974 §6, 2001; Ord. 1971 §13, 2001; Ord. 1830 §23, 1998; Ord. 1814, §2, 1997; Ord. 1758 §1 (part), 1995) 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 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 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. (Ord. 2251 §42, 2009; Ord. 1989 §8, 2002; Ord. 1976 §52, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to, manufacturing, processing, assembly, packaging and/or repair of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. 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. 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. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. (Ord. 2368 §30, 2012; Ord. 2287 §21, 2010; Ord. 2251 §43, 2009; Ord. 2135 §13, 2006; Ord. 1865 §36, 1999; Ord. 1830 §24, 1998; Ord. 1758 §1 (part), 1995) 18.30.050 Unclassified Uses The following uses may be allowed within the Commercial/ Light Industrial District, subject to the requirements, procedures and conditions established in TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydro -electric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits, together with associated structures. 7. Mass transit facilities. 8. Diversion facilities and diversion interim service facilities, provided they are located south of Strander Boulevard. (Ord. 2287 §22, 2010; Ord. 1991 §5, 2002; Ord. 1976 §53, 2001; Ord. 1758 §1(part), 1995) LIGHT INDUSTRIAL (LI) DISTRICT 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 one-half 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 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 Tots. 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 carpenter shops employing Tess 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. Daycare 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers. 36. Planned shopping center (Mall). 37. Plumbing shops (no tin work or outside storage). 38. Railroad tracks (including lead, spur, loading or 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 Tess 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. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 44. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 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. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 47. 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. 48. Salvage and wrecking operations that are entirely enclosed within a building. 49. Schools and studios for education or self. improvement. 50. Self -storage facilities. 51. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under thi. chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding adult entertainment establishments, as defined by this code. 55. Tow truck operations, subject to all additional State and local regulations. 56. Truck terminals. 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. (Ord. 2368 §32, 2012; Ord. 2287 §23, 2010; Ord. 2251 §44, 2009; Ord. 2021 §6, 2003; Ord. 1986 §11, 2001; Ord. 1974 §7, 2001; Ord. 1971 §14, 2001; Ord. 1814 §2, 1997; Ord. 1774 §1, 1996; Ord. 1758 §1 (part), 1995) 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 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 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. (Ord. 2251 §45, 2009; Ord. 1976 §54, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 10. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturing, processing or assembling: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. 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. 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, 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 15. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2368 §33, 2012; Ord. 2287 §24, 2010; Ord. 2251 §46, 2009; Ord. 2135 §14, 2006; Ord. 1865 §38, 1999; Ord. 1758 §1 (part), 1995) 18.32.050 Unclassified Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Animal rendering. 3. Cement manufacturing. 4. Correctional institutions. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 9. Mass transit facilities. (Ord. 1991 §6, 2002; Ord. 1865 §39, 1999; Ord. 1758 §1 (part), 1995) HEAVY INDUSTRIAL (HI) DISTRICT 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 one-half 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 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 carpenter shops employing Tess 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. Daycare centers. 16. Extended -stay hoteVmotel. 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 -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. 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. 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers. 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial - indoor), athletic or health clubs. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant. 47. 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. 48. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 49. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 50. 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. 51. Salvage and wrecking operations. 52. Schools and studios for education or self-improvement. 53. Self -storage facilities. 54. 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. 55. 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. 56. Taverns, nightclubs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and local regulations. 60. Truck terminals. 61. Warehouse storage and/or wholesale distribution facilities. 62. 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. (Ord. 2407 §8, 2013; Ord. 2368 §35, 2012; Ord. 2287 §25, 2010; Ord. 2251 §47, 2009; Ord. 2021 §7, 2003; Ord. 1986 §12, 2001; Ord. 1974 §8, 2001; Ord 1971 §15, 2001; Ord. 1814 §2, 1997; Ord. 1774 §2, 1996; Ord. 1758 §1 (part), 1995) 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 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. (Ord. 2251 §48, 2009; Ord. 1971 §55, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 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. (Ord. 2287 §26, 2010; Ord. 2251 §49, 2009; Ord. 2135 §15, 2006; Ord. 1865 §40, 1999; Ord. 1758 §1(part), 1995) 18.34.050 Unclassified Uses The following uses may be allowed within the Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institutions. 4. Electrical substation - transmission/switching. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations (refuse and garbage) when operated by a public agency. 12. Mass transit facilities. (Ord. 1991 §7, 2002; Ord. 1865 §41, 1999; Ord. 1758 §1(part), 1995) MANUFACTURING/INDUSTRIAL CENTER - LIGHT (MIC/L) DISTRICT 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 entertaiinment 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: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, but limited only to manufacturing, processing, assembling, packaging and/or repairing of electrical or mechanical equipment, vehicles and machines including, but not limked to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 16. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 20. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 21. Restaurants, including: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 22. 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. 23. Salvage and wrecking operations that are entirely enclosed within a building. 24. Self -storage facilities. 25. 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. 26. 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. 27. Tavems. 28. Telephone exchanges. 29. Tow truck operations, subject to all additional State and local regulations. 30. Truck terminals. 31. Warehouse storage and/or wholesale distribution facilities. 32. 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. (Ord. 2368 §37, 2012; Ord. 2335 §2, 2011; Ord. 2287 §27, 2010; Ord. 2251 §50, 2009; Ord. 2235 §6 (part), 2009; Ord. 2021 §8, 2003; Ord. 1986 §13, 2001; Ord. 1974 §9, 2001; Ord. 1954 §2, 2001; Ord. 1814 §2, 1997; Ord. 1774 §3, 1996; Ord. 1758 §1(part), 1995) 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. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. 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. (Ord. 2335 §3, 2011; Ord. 2251 §51 2009; Ord. 1976 §56, 2001; Ord. 1758 §1 (part), 1995) 18.36.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations - distribution. 3. Fire and police stations. 4. Hotels. 5. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast fumaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) 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. 6. Motels. 7. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 8. Park -and -ride Tots. 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. 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; retail services such as beauty and barber shops, outpatient and emergency medicaUdental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord 2335 §4, 2011; Ord. 2135 §16, 2006; Ord. 1954 §3, 2001; Ord. 1865 §42, 1999; Ord. 1758 §1 (part), 1995) 18.36.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). •) Tmm�n# n..]niifnr I,rinn 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 8. Transfer stations (refuse and garbage) when operated by a public agency. 9. Mass transit facilities. (Ord. 2335 §4 2011; Ord. 1991 §8, 2002; Ord. 1865 §43, 1999; Ord. 1758 §1 (part), 1995) MANUFACTURING/INDUSTRIAL CENTER - HEAVY (MIC/H) DISTRICT 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center/Heavy 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 18.38.020.1.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. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: a. self -serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) 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; and (3) 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. 16. Offices; must be associated with another permitted use (e.g., administrative offices for manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Recreation facilities (commercial - indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, inducing: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. 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. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self -storage facilities. 28. 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. 29. 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. 30. Taverns. 31. Telephone exchanges. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and/or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), 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. (Ord. 2368 §39, 2012; Ord. 2335 §6, 2011; Ord. 2287 §28, 2010; Ord. 2251 §52, 2009; Ord 2235 §7, 2009; Ord. 2021 §9, 2003; Ord. 1986 514, 2001; Ord. 1974 §10, 2001; Ord. 1971 §16, 2001; Ord. 1814 §2, 1997; Ord. 1774 §4, 1996; Ord. 1758 §1(part), 1995) 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. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. 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. (Ord. 2335 §7, 2011; Ord. 2251 §53, 2009; Ord. 1976 §57, 2001; Ord. 1758 §1(part), 1995) 18.38.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations - distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Hotels 6. Motels 7. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 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. 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; retail services such as beauty and barber shops, financial services, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. (Ord. 2335 §8, 2011; Ord. 2287§29, 2010; Ord. 2135 §17, 2006; Ord. 2028 §2, 2003; Ord. 1865 §44, 1999; Ord. 1758 §1 (part), 1995) 18.38.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institution. 4. Electrical substation - transmission/ switching. 5. Essential public faciities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Mass transit facilities. 10. Railroad freight or classification yards. 11. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 12. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following 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 residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility 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. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 13. Transfer stations (refuse and garbage) when operated by a public agency. (Ord. 1991 §9, 2002; Ord. 1976 §58, 2001; Ord. 1865 §45, 1999; Ord. 1758 §1(part), 1995) TUKWILA VALLEY SOUTH (TVS) DISTRICT 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 park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. 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 Tots. 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 carpenter 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 12 patients. 16. Convention facilities. 17. Daycare 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 mortaaoe 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 -serve b. dry-cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 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 of 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. Research and development facilities. 51. Restaurants, including: a. drive -through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 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. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 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 that are entirely enclosed within a building. 56. Schools and studios for education or self-improvement. 57. Self -storage facilities. 58. 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. 59. Studios - art, photography, music, voice and dance. 60. Tavems, 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2407 §9, 2013; Ord. 2368 §41, 2012; Ord. 2287 §30, 2010; Ord. 2251 §54, 2009; Ord. 2235§8, 2009; Ord. 2097§17, 2005; Ord. 2021 §10, 2003; Ord. 1986 §15, 2001; Ord. 1974 §11, 2001; Ord. 1971 §17, 2001; Ord. 1830 §25, 1998; Ord. 1814 §2, 1997; Ord. 1774 §5, 1996; Ord. 1758 §1 (part), 1995) 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 homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency 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. (Ord. 2368 § 42, 2012; Ord. 2251 §55, 2009; Ord. 1976 §59, 2001; Ord. 1758 §1(part), 1995) 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. Animal 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. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Drive-in theaters. 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. Electrical substations -- distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assembly, packaging and repair of: a. 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; b. Chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); c. 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; d. 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. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 15. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports 16. Religious facility with an assembly area greater than 750 square feet and community center buildings. 17. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 18. Salvage and wrecking operations. 19. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 20. 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. fields. (Ord. 2368 §43, 2012; Ord. 2251 §56, 2009; Ord. 2135 §18, 2006; Ord. 1865 §46, 1999; Ord. 1830 §26, 1998; Ord. 1758 §1(part), 1995) 18.40.050 Unclassified Uses The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Electrical substation - transmission/switching. 4. Essential public facilities, except those uses listed separately in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. (Ord. 2235 §9, 2009; Ord. 1991 §10, 2002; Ord. 1976 §61, 2001; Ord. 1865 §47, 1999; Ord. 1758 §1 (part), 1995) TUKWILA SOUTH OVERLAY (TSO) DISTRICT 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 daycare. 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, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half 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 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 h lAinchinn 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 carpenter 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. Daycare centers. 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. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. 38. Marijuana retailer where the underlying zoning is HI or TVS. 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. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial - indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive -through b. sit down c. cocktail lounges in conjunction with a restaurant 56. 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. 57. Retail sales of fumiture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 58. 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. 59. Schools and studios for education or self improvement. 60. Self -storage facilities. 61. Sewage lift stations. 62. 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. 63. Studios - art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. 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. (Ord. 2479 §7, 2015; Ord. 2368 §45, 2012; Ord. 2287 §31, 2010; Ord. 2251 §57, 2009; Ord. 2235 §10 (part), 2009) 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. 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 homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency 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. (Ord. 2368 § 46, 2012; Ord. 2251 §58, 2009; Ord. 2235 §10 (part), 2009) 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. Helipads, accessory. 3. Utilities, regional. 4. Mortician and funeral homes. 5. Park -and -ride Tots. 6. Radios, television, microwave, cellular or observation stations and towers. 7. Religious facility with an assembly area greater than 750 square feet and community center buildings. 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. (Ord. 2251 §59, 2009; Ord. 2235 §10 (part), 2009) 18.41.050 Unclassified Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Electrical substation - transmission/ switching. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Mass transit facilities. 5. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car Tots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. (Ord. 2235 §10 (part), 2009) 18.41.060 Special permission Uses The following uses may be allowed within the Tukwila South Overlay district as a Type 3 Special Permission Decision. 1. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 2. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. (Ord. 2235 §10 (part), 2009) PUBLIC RECREATION OVERLAY DISTRICT 18.42.020 Permitted Uses The following uses are permitted outright within the PRO District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 2. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 3. Schools, preschools, elementary, junior, and senior high schools (public). (Ord. 1758 §1(part), 1995) ATTACHMENT C RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintains a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery/taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non -conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre-existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single-family dwelling design standards apply to accessory structures requiring a building permit; and W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 11--- 4 ..l �C WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," at TMC Section 18.06.708, "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such unitspopulation of disabled individuals may not exceed 20% of the total unitsresidents. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. Section 3. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18-6, "Land Uses Allowed by District." [attached hereto as Exhibit Al Refer to Table 18-2, `Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit Bj Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 6. TMC Chapter 18.14, "High Density Residential (HDR) District" Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Do.,o rf '�� 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified al TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TMC 18.18.030 W: Word ProcessinglOrdinances\Title 18-Zoning issues strike-thru 4-15-16 18.18.040, Conditional Uses 2287 §10 2251 §25 2135 §7 1976 §33 1865 § 19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.20.020, Permitted Uses 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TMC 18.20.020 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TMC 18.20.030 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified a1: TMC 18.20.040 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified al TMC 18.20.050 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 o,,..., 7 .,f ')� The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.26.020, Permitted Uses 2368 §22 2287 §15 2251 §35 2021 §3 1986 §8 1971 §11 1830§17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District" Amended. Ordinance No. 2443, as codified as Table 18-2 within TMC Chapter 18.28, is hereby amended to update Table 18-2, `Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 14. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses-1" except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 ram___ 44 Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (CM) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified al; TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 16. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 W: Word Processing\Ordinances\Titie 18-Zoning issues strike-thru 4-15-16 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 18.34.030, Accessory Uses 2251 §48 1971§55 1758 §1 (part) as codified al TMC 18.34.030 18.34.040, Conditional Uses 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land Uses Allowed Refer to TMIC Chapter 18.09, "Land Uses Allowed by District" Section 18. TMC Chapter 18.36, "Manufacturing/Industrial Center — Light (MIC/L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified at TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.38, "Manufacturing/Industrial Center — Heavy (MIC/H) District," Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Pnno 1 t", of 9R 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974§11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251 §55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.40.040, Conditional Uses 2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 (part) as codified at TMC 18.41.030 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 22. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 23. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including accessory structures that require a building permit, exc 9; 2005, must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either Toad bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide.; and 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 24. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off -Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby 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 that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing ExaminerBoard of Architectural Rcvi w approval for the entire parking lot. 2. MINIMUM PARKING. 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 HIDR 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 Architcctural 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. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 ., w n 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 the Community Development Director 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. 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 that 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 STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing ExaminerPlanning Commission under such conditions as the commission Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 34 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing ExaminerPlanning Commission or City Council, on appeal, may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing ExaminerPlanning Commission or City Council, on appeal, may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. W: Word Processing\Ordinances\Titie 18-Zoning issues strike-thru 4-15-16 Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing ExaminerPlanning Commission may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulationsef 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development Planning Commission in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examinergannien or Cityncit-,-on-appea-T determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit -that has been denied may not be resubmitted within six months from the date of the Hearing Examiner'sPlanning Commission or CotinGil disapproval., whichever is later. Section 31. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Planning Commission Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 32. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations — Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, and whcn the sion, the hearing body shall make and enter findings of fact and conclusions from the record which that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 34. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings — Preliminary Plats When the hearing bodyCity Council makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school.; and 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing bodyCity Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing bodyCity-Council shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. W: Word Processing\OrdinancestTitie 18-Zoning issues strike-thru 4-15-16 Aen-ti�� Pnnc 9ci of 9 Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 36. 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 37. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Table 18-6, "Land Uses Allowed by District" Exhibit B — Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Exhibit A to Title 18 Ordinance Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. tll cn 'Z 1 G aC O 0' Q a) Q] 0 rn a) O a5i •O 00 - m 0 CrN O.) 00 p a 0� oocn CtS •% rn cn T a) o TS a) a) Q- E 071 cn as o cl Cba :tot E 'O a) a) Q" CCS tr c3 .L C N w rQri U „, 0 4 fP4 -,,� 'L7 d] O N cn cu 0 0 w 00 U �X 99 r r a a D a a a a a a a a a s o. U o. D U 0 a a a a a O. a s 0. a U a D 0. v 0. 0. a a D try ! a D a U a a s a D a D U U a a a a 0. a, a 0. 0. D U a D U) U a 0. a O. a 0- a a a n U u�t a D U U 0. a a a a 0. a a 0. 06: U Q u U 0. a a 0. a 0. a a a c d U Sb"� ..EE d4Sx fa <L U U a a a a_ a a to. 0. 0. tO 0 Q U Ewa ��x a a a a< a a a �a aaa: a a a U Q 0. 0. 0. u Q 2 a u a a a U Q a u u A&S u in 06 a u Vk C Q u a,aa 3 't a ist7 , �� Iti ai N a entertainment (subject to location restrictions1) ts, landing fields and heliports (except emergency sites) ament Parks d rendering 11 shelters and kennels, subject to additional State and local regulations han 4 cats/dogs =no permit) it Veterinary, including associated temporary indoor boarding; access to erial required labile, recreational vehicles or travel trailer or used car sales lots 2 iotive services, gas (outside pumps allowed), washing, body and engine shops (enclosed within a building), and alternate fueling station (not sale distribution facilities). y or barber shops id breakfast lodging for not more than twelve guests5 id breakfast lodging (no size limit specified) a repair shops G to o o a. -rQ, ing Homes a a H o m at shops or carpenter shops employing less than five people containers (*see also 18,50 060) nt manufacturing series and crematories t { Gam 5 r u a a a a a a a Q Q a St a a a Q t- 'y aU R ao0 aQ a s OI a U a a < KI 0 a ID U N u es! (o u o u O m ri Q LO w pr ru u a p_ a a a D a Q U U a s a a n. D a m H U 0 a na a a UI a U a a D m U U a Na. a UI a. u a a < Q U a u ro a O 0 u a. a a UI a U a a Q Q U. CL o- O� U a UI a u a Q Q a a a 0 m Q a u 0. < en Q a 0. Q U n. a ul a U 1 a Q m -+ a Q U II a vi a U a Q m Q a a u a o tp Q a a Q u a a 0.a u i0 o tD Q U a < 0 a a a al v a w 0 c 0 In cu -o c Q Q U a Q rm ; ��rmri,4ra�rrndraee,►ica�� iita- es and universities to a)N f ('o m 6 iercial Parking 1 uter software development and similar uses Ictor storage yards Y U (O 4-, C N G1 i L 0) `o u tit` c - lescent & nursing homes & assisted living facility for not more than patients lescent & nursing homes & assisted living facility for more than twelve its ntion facilities :tonal institutes re Centers (not home -based) re Family Home (Family Child Care Home)12 ;ion facilities and diversion interim services facilities south of Strander o ,n Q) y tL c Ing — Detached Single family (Includes site built, modular home or new factured home). One detached single family dwelling per existing lot fitted in MUO. 0. RCC, NCC, NS. ing- Detached Zero -Lot Line Units ing- Duplex, triplex or fourplex or townhouse up to four attached units. N a _c 0. 0 C ing —Multi-family ing— Multi -family units above office and retail uses ing—Senior citizen housing, including assisted living facility for seniors purpose section of chapter, uses sections, and development standards. ling unit —Accessory 17 f 4 re �9 a D a a D a s a a 0 a a a U< a a a a a s k G? v D a a D a s a v a a s a a Q U U aD a a n a s A �u UD a a D u U U a uD a a D a s U a a D a.V U a U) a 0- D a s 0 D n. a n a a U a a a a U a U a D a a D a s -x„ fJ kf 4 yi Syr U a a D a a U a a s a a 0 a n a a D a s U a a D a a U a a a a a U a D a n. : a Q. r €i' `U a a D a a 0 a a s a < U a D a Z) a s U a a D a a U a a a a U a D a U D a s U a 0- a U a a a a Q D O. a s F a- < U a U a < D a U U a a 0 a < U D a s U a < a 0 Cl e( Q U D a s U Q d 0 Q 4 D a s p t Y y�� v A Q C U Q ¢ ¢ D U v k �2 • rical Substation — Distribution rical Substation —Transmission/Switching ric Vehicle Charging Station — Level 1 and Level 2 ric Vehicle Charging Station — Level 3, battery exchange stations, and rapidiBing stations. (TMC 18.50.140) itial public facilities, except those uses listed separately in any of the other ided-stay hotel/motel ling and farm -related activities vial, banking, mortgage, other services Rt Police Stations :, radio or television repair shops/rental shops >rnal organizations n food lockers for individual or family use ge or carport (private) not exceeding 1,500 sq,/ft on same lot as residence is subject to the regulations affecting the main building. nhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft .nhouses or nurseries (commercial) [rdous waste treatment and storage facilities (off -site) subject to pliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) y equipment repair and salvage ,ads, accessory e Occupation *see definition and accessory use N titals, sanitariums, or similar institutes oelectric and private utility power generating plants stries involved with etching, film processing, lithography, printing and ishing :net Data/Telecommunication Centers 'fills and excavations which the responsible official, acting pursuant to the Environmental Policy Act, determines are significant environmental ins 'dries; self serve, dry cleaning, tailor, dyeing tries, museums, or art galleries (public) uf./Mobile home park'$ ufacturing and industrial uses that have little potential for creating off -site s, smoke, dust, vibration or other external environmental impacts or a a a a l a a a Cl. 0 0 v u ' a a a a a a a a a a a a U u a a a a a a a a a n. yr a a a a 0 v 0- a th s` a a a Q. u v 0 a a a a a v aztry:7 Cl. a a a U CI a as, a cn a al a d SY, a �" -PSAhyyw,�v NNNfff �v r �y _ aY yyy- �TY sib Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, day, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood 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 Manufacturing, processing, packaging of foods, such as baked goods, iges, candy, canned or preserved foods, dairy products and byproducts, foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included ii)) No fermenting and distilling `acturing and industrial uses that have moderate to substantial potential ating off -site noise, smoke, dust, vibration or other external nmental impacts: ,) 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) ,) 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 ;) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging )) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other a PR% ` a 0. r2 a U a. a v) a U < a a w a U a a 0 a 0 a a s a U< a a a a U 0 a. a a U U a D D U a v 0 U< a U D a a U -bra-�- .�wgaer"U D U cna U U U d a U D a U U 0 a 0 a a s a U Q a a a a U .D a s U 0 0 a a s a U Q a a a a U a s 0- U U p �•� 0 a a s a U< a a a a U a s a U 0 D a a s a U< a U a a 0 a a 0 D 0 a s a U < 0- v a a 0 a a U aa U< a a U a U U .ri n a. Q a 0 D a a U< a U a U CI_ U Q a U a U xv � rr�js S -r 0 < a U U > SV D < 0- U U D < a 0 U W�4da i ,sr a l @1•• transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering ifacturing, refining or storing highly volatile noxious or explosive products han tank car lots) such as acids, petroleum products, oil or gas, matches, zer or insecticides; except for accessory storage of such materials uana producers, processors, or retailers (with state issued license) transit facilities cal and dental laboratories r expansion of an existing warehouse 21 :clan and funeral homes N e theaters with three or fewer screens e theaters with more than 3 screens 22 !,s including: medical, dental, government (excluding fire & police stations), ssional, administrative, business, e.g. travel, real estate & commercial or sample room for wholesale or retail sales, with less than 5O% storage :rehousing atient and emergency medical and dental services & ride lots ng areas , trails, picnic areas and playgrounds (public), but not including ement parks, golf courses, or commercial recreation broker led Shopping Center (mall) bing shops (no tin work or outside storage) r, television, microwave, or observation stations and towers lad freight or classification yards )ad tracks (including lead, spur, loading or storage) :ation facilities (commercial — indoor) — athletic or health clubs cation facilities (commercial — indoor), including bowling alleys, skating shooting ranges :ation facilities (commercial — outdoor), including golf courses, golf driving s, fairgrounds, animal race tracks, sports fields :ation facilities (public), including, but not limited to sports fields, } a - u _a = a = c a o Q a U a a a Q a a a u a a U Q a 0 D a a a Q a a a U a U a a U Q D a a Q a u a a a a rWs Q D a a Q a u U a a o 0. Q a U D a a Q a a a a a a a Q a U D a a < a a a U a a a Q a U D a a < a a. a U a a a < a U a < a a a a U yR i < a U a < a a a a U Q a U < a a a a u < a U < U 0- a U < a U < a a a U Q a 0 < a a a a 0 U U •- .i+.. ,,�5.»„9;i. 4 i4 V Ux u u t�z s N � { Y �* F d L fl Y g RAF .000 unity centers and golf courses tional area and facilities for employees us facilities with an assembly area less than 750 sq ft us facilities with an assembly area greater than 750 sq ft and community buildings us facility and community center buildings. 'al and processing of sand, gravel, rock, peat, black soil and other natural is together with associated structures of vehicles not requiring a commercial driver's license of commercial trucks and fleet rentals requiring a commercial driver's .ch and development facilities nces for security or maintenance personnel irants including drive through, sit down, cocktail lounges in conjunction restaurant irants including cocktail lounges in conjunction with a restaurant sales of furniture appliances, automobile parts and accessories, liquor, r/bldg. materials, lawn &garden supplies, farm supplies sales, e.g. health/ beauty aids/ prescription drugs/ iardware/notions/crafts/supplies/housewares/ electronics/photo- film processing/ books/magazines/ stationery/ ig/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, nilar items. sales as part of a planned mixed -use development where at least 50% of easable floor area development is for office use; no auto -oriented retail e.g., drive-ins, service stations). rushing, asphalt or concrete batching or mixing, stone cutting, brick 'acture, marble works, and the assembly of products from the above ials and rental of heavy machinery and equipment subject to landscaping ements of Chapter 18.52* e and wrecking operations e and wrecking operations which are entirely enclosed within a building Is and studios for education or self-improvement Is, preschool, elementary, junior & senior high schools (public), and dent private schools community transition facility 29 a Q. a a U a a. 0- a m a a U a a a a U Q. a s a a D a a a a a am CL a a D a a a a a a N a 0- a D a- a.a , = r a a a a s a a D a a a ztc a a a s a a a a a a a a a a a_ a. a a a a a a a a a a a a a a a a a a ys € D D a a a a D D a D a = D a a D D a xC!�m D a > > a a > D Q. a o Q D D D D a o D a rn D D D D a s � orage facilities ;e lift station Q e (outdoor) of materials allowed to be manufactured or handled within es conforming to uses under this chapter; and screened pursuant to er 18.52 ;e (outdoor) of materials is permitted up to a height of 20 feet with a lard setback of 25 feet, and to a height of 50 feet with a front yard :k of 100 feet; security required water- neighborhood detention + treatment facilities water pump station — Art, photography, music, voice and dance is, nightclubs lone exchanges ers, except those theaters which constitute "adult entertainment ishments" as defined by this Zoning Code ruck operations, subject to all additional State and local regulations `er stations (refuse and garbage) when operated by a public agency co e storage(no customers onsite, does not include park -and -fly operations) louse storage and/or wholesale distribution facilities c tri • utility reservoir and related facilities ?.ssTelecommunications Facilities (*see TMC 18.58) The Director will consider whether the proposed use is: U O r, a) w L. a 0 0 N s.. 0 0 0 0 a) w 0 o 0 O 0. a) sn ▪ w s ▪ 0 o N N 0 O N C L O 0 0 }4) • a) CJ H o a) f. 4 0 a >, ate) 0 .' o C.) h a) G U to it O a) O 0 4-4N a) U 0 w oy U U 0 _CG m U an b a4 O c U z O o 0 bD O a) O O C w p C4 a) 3 a 0 3 rx O O ^ cC ,9 p Q .a rn 0 0 44 N w 4? a. 0-' O -, s 11) � .`�. `4 y ,1 C 0 o c 0 ¢¢ C C V ... y ✓ 0 > 0 0 4) aoi0— E a) O 0 .0 ea • 0 .6 � upon which the proposed use is to be ecified in this section shall be measured by ity owned or operated by such schools; and '0.. O c. 0 0 0' cd O 3 o 0 y o a� a 00 - bocn n o'"L o .0 •2 a, � G T .) ,c to v0i y o T 0 1 Us..�� " a CO 7. a o Y ti D v aoi s > a'U� 0 0 a, a0i i. ,, s.. 4- aa)) s_, -'4+ 0:3:n 00 o g0 a aE... y m U U Q U U U 0 y • C p ..Uo.,-. .0 0 .� 0... Q.0 Ro o'U • , a. .a - fag 3 n.o Et — 0 i m 0.0 0 at .0 :v 0 ca fy O .U. bn 0 b 0 78 ca O o dismantling of cars or travel trailers or sale of used parts allowed. 4 O `n 0 -0a)` U at v O >, al 0 5 0 0 9 O 0.0 R 0 0 .O0 ., 0 .0 0 U C00 4, U a ca bn 0 o on '- O to •> a a O O h h h u ,„ y a.) 0 .0 o. _o a) 0..0 rn o a) 0 0 5 O o o o O h _ U 0 as.'-' 0 c� .U. O > > .a a ° a) — ° T a) w 3 E -0 5 .0 N U a) a3 CO U a) 0 0 0.Q. .0 a v 5 5 'O 0 U • > o a'.0 o 6,.0 as0 a) U a) U o o O 04, ti y ' 0 VI N ,0 'U O 0 U v . cs 0 O a.� a•� n 0) 0 a .. U VI CD 0 o 0 1) 'i. 0 U Y C y m -0 0 8 .�c a O '° p .at 4 ai In 0 a) 0. -a-)a.)a) c ':> 0 a) °o U Cy o a 0a E ?' C 0 ,a°'.. a E� o U o Q ^O cip"J 0 RS O U s+ U cat 'O ' U 0 '� OU El (a O is al U a bn 0 '. 3 m w 3 00 o :- Y 0) Cl. o '° U vi a 0 vi s, s. 0 •n .0 'U ^� o Y 0 o u) a 0 ° o [Q .0 b0ow .0 boob >.., g -0 0 - a U VC bp y vi CO 4>, U U ?�c� , :a -CI qt.: o •> O 0 0 O O rn ° �' a O y 0 U U 0 U Y cal P. U y 0 "° 0 .� O U u. c0 S E.'. P 4) Ftal UO a) - a)0 'b ca w rn w 'c -05 0 0 a Q: Cr'U A Q'h c03 la. 0 U Q bn .. U y U 0-0 ��. u 0 U. 0 .g a) G .O U ro y Q .0 0 '° O cC ° ° y ab �3c 3 a�i .a ' o <� 0 a`ai aYi sU b x b o ° a) ,0 �; -0 0 <4 o bn 3 `i 3 `=, o c 0 '~ 0 0 ° i e °° 0 ° v a) . a) F y to To UH Oa E a) P g •o 0) '0 c•0_, --Ui as -. s-. .0 Si 0 00 ,.. 0.. U .n U m h N i o ct 0 0 y `� 44-. , 5" N -- 0, .'-... a C1..- U a) 30 N UO U a N Oa a) 7,71 o f� o 0 co .F! o o = o bo - or a a o �, a tj � w s n as caa ai 0 y C. 'y, vi is • is vi ,� sU. 00 O a U .0 a O .0 ai O o H s 0 0 U 'D o 0 a w a 3 03� r3 s .n0 o. Q. aoio oc .o ,to '0,' o ,� a o E a) maw x w U ° o v;d-o v• ^v v� •abn o s ea ° c ° o �vEcan�' h,na.cr-'— UC o'Y • «Y O 'cJ G o .° 3 .Xs+ .0 4' cC a) " -o ,n rn V 0 V) 0 0 Q. i.., G a 0 "��' >i .� 0a) .Y T^ 0 N a) W a) vi bn .`' 'O U v) .0 0 .Q o ,n a) as . h - v, 3 '> 3 -o o -" ❑ ° `0- 0 0 (7 op88 n'0 Y o4 0 y>a > wY')c�3sam o 0oEo a avo (a 3 a) L S .U0 0 0 U 9 0 -, r .,. 0 •C 4+ 0 0 0 .SC 0 a a 'O o O,i cC -0. N 0 O bn i. v. o y y c i RI CO el ci <a .Q 0 0 O 0 0 4_. 0 O =a 'U 00 00 CO3 c0a .0 b C) • 00 U O y 00 00 Q U 0 00 0 b U O C N 0 0 0 10 v1 0 0 a 0 yr 0 0 U VC a) U a) Tvi con • 0 sa 0 N 0 0 00 0 - 0 > O 0 0 0 6 c a) 4+ 0 o 10 00 '0Q -E w 0 M � h 00 0 • 0 0 U 0 00 a) UEg 4-4 4 7 Correctional institution operated by the City of Tukwila v v a) es E co V x G .1 o p c 3 A an a o G E a, cn y c .d V'' id O 46 • Y •� U .3 O. a y a G `a 0 ., co a p 0 O G 0 0 0N .., b E G `� z3 F o x aGi G_ .0 C N 0 U r E "b v) y .. N aa)) oa N y a) Q a)cct L o — o G NOoaC O a) o .) a 'b E a0 N G OU asvi � O> C ' .Uo a O O O E.0 w Oo o Gw atin o w ,.0° P. a;Is), I.. '�. is e) .3 a) a) b O aj U Q O wo 'O toa) N �" u U G y to a) ,O ,�aa)L yU 0 O ao a o Qoa) E--. 4. COI or a -el vi U y cJ G N CO `�' aa) F a v i>. l0 N .-. E a CUS W b Q CJ N Cd 17 a0i - w a))., I. G ° E L ea 0 k 0 o , tn o `° 3 m a) >, > 0 .0 a ,, b v s as U A OA♦M N C t- 4-. O U UC4 ,, az o .. „ • � as G 6) of") O a0 O ,uU U 'C >>aC ba ,,;,., o G O G• 7 P.a v O +� as O 0. '0 as, O as O o a) O O aC 00 G O o y .= C y Y w m . >� t�, G aGn. Q o, cal G cp O x O U cLC y an p, a' an ^O 4) .�' '-' A. o E,. U a aE G , c o„ q o cs > 1 "di a. , a8i a s IA L ° = aa.) �0 o 0 o tL'J O C o ,C o ,.UC a-) .a o c~) O Q W [ a, is E a �- •`�' cUj W U v a U a `' 'O a x Y an } c 'a w0 .b ❑ O :G C O y >' v o .° a U a y a y L= N _ > d CG 3�0 0 ❑• y ,. a Li, „ C ° Y o o to > a 3 'a)cct,aT P. o'O °: cCo° y'O kw'coob450Yba4 ao3 ..bco 4 aaL�aNc.0T0) oq y xHi ,3 ° 20) aE i. a �w o) wo 0. *o a) O. U en CL 0° G c'.0U>' c�.oN T aoOaO 0 TA sn C 3G aa a -cE__,c ❑, c o y 20 AD o - L. 0 c e4 Q a.):3aw °xo GJ 5. °� Ch°as o° Ya L o 06.0 ayYa .Q•avo C U. t-oo ti _"O *d cS CEe c°'3Y .-0 to tig. oE E '' aO -.o Oo y--0�o>,ES y 0 � a� 00 o U • 0 n o 'ao 'o a o�C.)ya) w E.Gy� �,?c osyEasn"- � � :: p..y yQo o ao a.13 oo Mt U' y Oa)G p.yCA C U T'n ad "C) > f3r, U....A. 2D R= Ea o o 3 ooo i GLboN[aaa)n �uc nc o , cc o-N aU •° n o .� �3 E �' ay to C a o aU Q h°,.. a C rn G 'O L 0) v•� aa) a) yO0)n -CI 0 .CU a) Y�Ec RGpyU o A U Od , 0. a) o ~N an G.„ c0 0 aO E �v a o> a) an °N-O a)b'.0G 0 m '- N �- °O3NG waCI.E U aM� L. y �•c. 'O ,.. U�'EE �...a w -)' C). C p C, > c0 Tcaa) 5 7 .. ', 4°O Oa ° ,-. U .c .D U ;, ) ° Uam N L> a a Y C ° ' •a >, d' >,-. g T L ° a C UU i-Gd•U e) kb a) a C ON N «.,3Oy 0.. Z.-,)Oo •° o •C s a°p Eey„ E GN 0 o U a) a bB2'0 .7•O. $ b cs o a4 V o cy�bTw N a) C a) n ' E o> ell• <o .5el o Ua °n Oa• : 8 0 00 a.) =� cv c 6 a o U " o" a - o i Yo E� -0 .„o a >, 2 3 0.c w^T> ea o L. an a) G 0) 00 ,, U O t.., x. >-,G .° G >,�°„ ..a)o -0 0 t.4. cd p •O ai A U 'O U '.-: b0 ,U. m ,D ci 'D E a) o a) a) G U a) ' L. O C3. U cd G+ by 0 - 0 C) 0 1- <C 2 Z 0 3 <-+ 0., R 0 0 0 N 0 y. 7/.E-1b 0 •b .0 as u H .0 0 'D ,.. y o a) GL C y C 0 O O '� U O ca >, p 4-. U cCd ti Pr ,., 0 Cam. ti 0 UO •0 •o Q g 0. Y cd 0, .> IL) tn o-oC .0 O O 0 A .0 'C U v t,:. U a) , , 'C U y as 0 co o > 0 o O U C E 'in 0 0 O t. 0 C U E 0 is -Ca '~-0 O 0 •0 o 0 0, -0 .o c) .O 2 0 i, en 0 0 0 a 0 0 0 U 0 .cso 0 s ..0 a) E to. 0 3 E N .5 g �. 3> �>,3E> E 0 >, o os ,C-, a) A V U O a) •� 0v U N e '+- 0 N of en bA O U 0 bD• O a) 0 U 0c.) ati y Np 0 0 O bA 0- G A .0 w o O v A •0 a) u p C - 0 -507.00o 0 0 0 .0 N 0 rn O N '0 a) 0, 0 h N 0. 0 of 0 o o a)p x d 4) C b 41 o0i? "' o o a o G. E E ca Q. Q, E a) .0 a) a) a) F Q 3 g g H Q o 0 s a) w ca .Q U •O 0 5 Jffices, when such offices occupy no more than the first two stories of the building or basement and floor above. T C e3 0 0 h E 0 0 tf 0) v 0 '0)N L1. U 0 0 .� 0o 1- 0 U .0 .X O T n, V ,� 'n6. O 5 •C 0, V [b 3 -0 m o a 5 H C a 3 a) > N '0-, h 0 Z a) 0 o 0. U 0 ...g..,..0 in CS>, O S.,E 0 o o, 0 a, ' E N E et o f 00 OU O 'U a)0 bA 7.4 I. ,-. .0 N C O0En C w ❑ L y 00 T7 cd L O :0 w O 0 •04 a) E `a • -a > bA a E ,�^ o U .G }., cti h a) E ea, ..- .0 O 0 U ca O bCA �•j C 0 d u a C] N v w .D 0 0 0 0, b O o z O h 5 ' 'illCD M o0 0 y 'q 9 a) '.-• O O Q. O E E O-' o 0 y R bA 0' O 0 0 .0 'j O bU C 0 V a N C '0 y O a) R' a.1 a) 0 aa) )) w '0 y) 2 i E� 00 N U 0 o a`) o 0u,-oo.0 c Q. S v> o v C U 0 0 cc)) 3 -C.) o 0 oU ON '8 23 Z z Ei bA OO al U es '4-. U •p 0 X p a) 0 On V 0 U C C t. z •' oo o v rn .0 o cn 0 3 E o 0 0-o v v v 0 U 0 as n °? n n a) 7 aT w Planned shopping center (mall) up to 500 t 0co 'U cC N = .o a) N p O a) .o 0 O C o E O - 03 od m U ) o es' 00 1:4 yv., c.au oN U o c E2 U O 0 O C E- o O r- U 7 O en b U '8• m ecN C h O a)a )a) en 0 r `i o .n s i a) 15) _ n .o 3 >, 0° Ci up w U .>, - ca al 0 >, 0' > •''% N t" .^' ~O .0 CG c. p Y y N a) -o 0 ai 0 0. a�"i �' ca o o v n U a) B iC 3 _c C O y O 0 O o w y w 0 O 5 ,Ui, 0 O , R, 0. a) 0 bA 0 a) E 0 a) to o 2 0 cat O a)-0 O a) o <6 ai 3 T 0 U rn 0 U .0 Q G N a) U_ 0 0 'C-. O '� 'U C O 0 o ❑ U 3 o o g E . O 0 m 4/ "b a) y w t" n v 0 w --_ >, U 0 N 'V -0 U a) 0CS. y Q o as i 0h > a E a) . ::: :10 n O Q CC U O O 1:cla Uate)nw U Q n O u-90 0 N YCU •� 6. C 0 0 o w0 3Cd 3 0_ E9c u. 30 0.v '- o onoCs�0 0 N OCl. di -O 00 N a) N ai c'a c" 0 U U v E ca 0 .0 L. 0 3 0 a) G U aT. 0. p U :Q N y .O v �, .� v zy C U '� N v b4_ U C 0 3, V, .0 b� E al 85, Eo g o O y T O o c.S E g o a O o O R ll 1II!I C am' •Ri YO O w T) bCC 0 ' 0 vi ,tp a) O U �bA a) 0 U •... .-. O E c3 .Q y 0..r C •,n a) cc C � B� u�_ E .E 00 ^ ° E.E i° o a.E vC TA C i .a U .Q U 0 .npp E ., 0 'L7 C g w 4 ra o 7! . - 7- 42 E 0 •0 OU o QQ '5.. v 'Z.') v0 eg O Q' 8>, -6 8O _ C Q. cC _. 7 O 7 O y w y• O En En =z'3�� �z.0E-- 3 o- 2 0 Q, E E N U cV . U 0 o i 0 U U a) 01 a•, 0 O 0 U 0. a by 0 h Q) 0 0 Q) 0 U «1 0) w 0 0 0 f�. O C) 9 0) 4. O U O 6) G 0 0 0 U .... U N 0) 5 al O 0 a) o r� C 0 N 3 o 0 c� 0 0 .O Fel o 9 as 20 E N w O N 0 w E O O 20 s c0 e) 0 0 c aU 3 ❑ o =: O O m C " O w O w 0 0 0 .0p .c h (� N N cct •--• it Q ° 0 .., ca. o a. 0 ci z i � O N > c� •00) O. .0 U bp 20 z . Theaters for live performances only, not including adult entertainment establishments. Exhibit B to Title 18 Ordinance ,ter z U a Q. a a a a g a a a a s n. a s - a a' a _ `f ,a f x �md vr� 5. U a a a a a a< a a O. a a s a a Ma Ley a a a a a a < a s a a a Q. a a a a CI- d 4 t ' 0_ a a a a a a a a a a a a1cLcL1a0. hj a a liNaMttg - h /yjfA 1 : a ;, a a a a a a� a a¢ a s a a a a a a a a a, hfi a BEd. 24y a ti y Animal Kennels and Shelters, including doggy daycare Athletic or Health Clubs Automotive Service and Repair 1 Banks, Financial, Insurance, and Real Estate Services Bar & Nightclubs Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls Bulk Retail Business Services (e.g. copying, fax and mailing centers) _ Drive Through Facilities or Services Electric Vehicle Charging Station L1&2 Electric Vehicle Charging State L3 Gas Stations, including Car Wash General Retail Laundries, Tailors, and Dry Cleaners Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) Recreation Facilities (commercial indoor) Recreation Facilities (commercial outdoor) Repair Shops (small scale goods: bicycle, appliance, shoe, computer) Restaurants with associated cocktail lounges and sidewalk cafes Theaters except adult entertainment Vehicle Rental and Sales (not requiring a commercial DL) Veterinary Clinic with temporary indoor boarding and grooming ;, . . �.. :,•.. � t .. - iti>:` _:MMi>Z ; ,...,..: . ,:k-y-ram _ ,rt. ' . , .. >, , ....,;N»4ry2U Professional, Outpatient Medical, Dental, Governmental Services, and Research Medical and Dental Laboratories r a 1 ' � Hotel, Motel, Extended Stay, Bed and Breakfasts Ur Convention & Exhibition Facilities, including multipurpose arena facilities .r.,� . xti4 Y i o 001 0 m o tef. abovet U) > S7 fD w O co 0 10 4) > Q t0 v— w tef. abovet tef. abovet 0 `1 U) > ' v— m 1ef. abovet tef. abovet 340 o: > O , :t r. ` tef. abovet a` tj k - 0 01 111 IZ CL m E ` Rf e U d Q is d CL Q d 11 d. UUP UUP UUP Q d V CL 0_ n. CL � ❑ a U 4 a � f J " rZ UUP UUP Q Cl. 0 0 CL a a a a v f F� 0- 0 a d dnn dnn C dnn 1 a. u 0 - .. a a a v <a v a d d UUP UUP 1 UUP Q a v c.) 0- a o. a a v . r a v Q �? 0- D a 0 UUP < CLv(3 a Cultural Facilities, including: libraries, museums, art galleries, performing arts centers Daycare Centers Education and Instructional Facilities, public and private including college and universities Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers Police and Fire Stations a a �, y t^ 4 * gA OV, ` ija `tom. Post Office Religious Institutions, greater than 750 sf assembly area Religious Institutions, less than 750 sf assembly area u **400.N000:40 .%.T.a'A ii*SenalM':F kSr, f Cki , ig Cargo Containers subject to TMC 18.50.060 _ _ Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) Light Industrial: Manufacturing, Processing and Assembling uses that have little potential for creating off -site noise, smoke, dust, vibration or other external impacts or pollution. Manufacturing and processing of food and beverages including fermenting and distilling; with or without a tasting room, provided the tasting room occupies less than 50% of the total area of the building occupied by the tenant but no more than 3500 square feet; and the manufacturing process does not cause off -site impacts to neighboring properties or create a public nuisance. Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 Self -Storage Facilities EWarehouse Storage and Wholesale Distribution Facilities ,t NEMEM Commercial Parking , day use only Essential Public Facilities, except those listed separately Intermodal Transit Stations, Rail transit facilities Internet Data Centers & Telephone Exchanges Park and Ride Lots Parking Areas Public Transit Facilities and Stations (Bus) Radio, Television, Microwave, or Observation Stations and Towers Utility Facilities, above ground/ not in ROW Utility Facilities, underground/in ROW Wireless Communication Facilities cu .abovet abovet abovet v r, �.�.. _x _ r 0A/B f. abovet O r aw CO 4 a CO Dormitories a a d 0L 00 O S a) U O C a) 0) .0 a) x_ Idi a 0 s 0 co C� G 00 0) p 0 a C 0 0 n U 0 0) E O a d > C E E O v c 0) E 00) i-• 0) u 00 C C C 0 U ference the above general zoning code use matrix for specific business license code. CS fa C Y .0 Y a) a) C 0 4. 10 '- L (6CU O C C 00 a) a) CO tit L ttO Y tJ OD 3 V a) X L 0) • w o a) LO L O O 70 E L 2 O �% QJ 0) 00 v a CO O N it •d % f0' C Q 00.. Y a) a) N Lt.. Y ,� a) - .2 Os 2 t0 '— C a O C co ` Y 43 '^ a) 3 > ai 00 > en 0C U C a) C C C y O 0.))0 L -0 +. C 0 m a u C7 t to 00 O t_ aJ fl 0)0) C C" O N , y O y a) C u E o m 0) > v. .0 a) -2 . O j p LO (0 C a) '� 0) ..E. a1 N 4.-O N C a) L.)O_ C O '^ a) V' C E x cn N E 4 s .> E cciN E ..� Q O -0 O c tn U G Z w O W m 2 1-- I) .-i N M C to 1D N tA C O CO '; -o L C CU > Y C O C 0 tip (1) in Ncu D ai To N C 0 `o -a O ara Subject to TMC 18.58. ATTACHMENT D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDi!NG FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 4-15-16 Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter approval is submitted to the Tukwila City Council for approval within sevenfive years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten years from the date of the preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The Planning Commission hearing body of the preliminary approval may approve one extension not to exceed one year. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 4. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 4-15-16 ATTACHMENT E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project -specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (1)(b)(i) and WAC 197- 11-800(1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197-11-800 (1)(b)(4401).up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b){iii)iv , up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197-11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197-11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Planned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified" uses are not planned actions); and W: Word Processing\ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440 43.21C.031(2); and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21 C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21C.031(2)); c. a conditional or unclassified use, in the respective MIC/L or MIC/H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21.04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project -specific SEPA-based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.05.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA - Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan Resolution 626 2. 1995 Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan Resolution 873 4. International Uniform Building Code -2-8-7 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Sewer -Plan Resolution 904 7. Shoreline Master Plan Ordinance 88g 8. Sidewalk Ordinance Ordinance 1233 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction Ordinance 1250 12. Subdivisions and Plats - TMC Title 17-Ordina e-- eGfi ri 17.04 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan Rese itior9-1-7 15. Zoning Code - TMC Title 18 W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances1Titie 21-Environmental & SEPA policies strike-thru 4-15-16 ATTACHMENT F RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non-commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi -tenant buildings that do not qualify for the Master Sign Program by allowing one additional building -mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on March 23, 2016, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 nen.hi Paae 1 of 11 WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary signs and decorations customary for holidays, such as contain non commercial speech. 43. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 54. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 r-% 4 4 65. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 7. Political cam aig --sue; 19.24.090. 96. Land use notice boards per TMC Section 18.104.110. 467. Text or graphics on umbrellas located in outdoor seating or plaza areas. 448. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 429. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building -mounted plaque; and b. Each residential property shall be permitted one four 6 square foot banner or rigid signs that is -are temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6 square feet; and. c. Temporary incidental signs may be displayed with no restrictions from holiday). No individual sign may exceed six square feet in size. It is intended that this content of the sign is not restricted. 1310. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 4411. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under TMC Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission. Section 3. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant anono extension of not me-re+"-x, �a;-30 days if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, W: Word Processingtordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush -mounted wall sign shall be permitted per cardinal direction, regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapel: or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2, (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed10 square feet or one-third the area of the surface to which the siqn is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones F. Pedestrian Oriented Building -Mounted Signs. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5-) The allowable area of the si s in Commercial and lndust-rial Z-anes. Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional TemporaryS-; aola E:ent Signage Each business operating within the City shall be permitted one additional temporary signspccial event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. W: Word Processing\OrdinanceslTitle 19-Housekeeping re Sign Code issues strike-thru 4-15-16 Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use of portable signs is limi season at the Westfield Southccnter—Maa events by the City's ParU and Recreation Department and/or events at Fort Dent Park. B. The City may approve the use of portable signs for -special -eves if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building signs located on the same exposed building face so long as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. T by ar a- r agrees to rnakke-the bilihear-d availa, lefe Public service announcem , the billboard area incr ase a billboard provider must provi+e a-tettal--of-28days of messane4ime for civic events. Emergency alerts shall include those es;ages ecess' at ng—the safety. Emergency alerts include, b-rear-Iim+ my evacuation orders. The Director of Community D , ++ ief, shall deye1 p r+ a4miisfrafivo _r-Ies_thaF-s l T-he rules shall specify requires message durat' service announcements and emergency ales c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 g. Lighting of billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights whiGh-that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: a -a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 26. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 D.hetes r,f 11 5e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed. A. Political campaign signs do not require sign permits. vc filed with King County to seek office. All signs must be removed within 11 days following the election. D. All political campaign signage shall be removed within 14 days following the general election. If a run off election for a candidate or initiative is required, the signs the property owner or his/her agent. F. Campaign signs are in addition to any sign permitted under TMC Section G. Campaign signs may not be located on real property owned and/or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right of way ar as not maintained by an adjacent property owner. Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 12. 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. W: Word Processing\ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 A _r Section 13. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 ATTACHMENT G City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES Date: March 24, 2016 Time: 6:30 PM Location: Council Chambers Present: Chair, Sharon Mann; Vice Chair, Miguel Maestas; Commissioners, Louise Strander, Brooke Alford and Nhan Nguyen Absent: Commissioner Mike Hansen Staff: Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary Chair Mann called the public hearing to order. Motion: Commissioner Nguyen made a motion to adopt the February 25, 2016 minutes. Commissioner Maestas seconded the motion. All were in favor.`' Request: Commissioner Strander requested revisions to the minutes., After reviewing the public hearing recording staff determined that the applicable comments were already included in the minutes. Chair Mann opened the public hearing and swore, in those wishing to'provide testimony. CASE NUMBER: L16-0010 TITLE: 2016 Housekeeping Code Amendments TOPIC: Housekeeping ; Code Amendments to Title 17, 18, 19 and 21 (Subdivision, Zoning, Sign and SEPA Environmental Regulations) of the Tukwila Municipal Code. The proposed amendments range from code clarification to updating development regulations and permit processes. LOCATION: City Wide Minnie Dhaliwal, Planning Supervisor, Department of Community Development, gave the presentation. Two comment letters and a list of additional amendments related to the Sign Code were entered into the record. A copy of each of these items were previously handed out to each member of the Commission. The comment letters were received during the review process; one from Washington State Department of Transportation (WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments were content based regulations that the city attorney recommended to address in the ordinance. The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code, SEPA, and Subdivision/Plats. Sign Code Proposed sign code and sign permit changes: * Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content based regulations such as political signs, which are considered unconstitutional. Page 2 Public Hearing Minutes March 24, 2016 • Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was moved to a different location. • Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances. • Allowance of a non -content neutral center identification sign on each business owner's premise. • Increase the size of the fuel canopy signs to a 10 sq. ft. maximum. • Increase the number of signs allowed on residential property to two without a sign permit in lieu of political sign provisions. • Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone through design review. Delete real estate portable sign provisions as these are content based. Staff's response to comment letters: Washington State Department of Transportation (WSDOT): WSDOT has their own sign regulations. WSDOT provided comments on the signs that can be seen from the free -way and the limited access. Staff informed WSDOT that the City's code states the applicant is supposed to obtain any permits needed from WSDOT. Also, the applicant is supposed to comply with WSDOT's regulations. However, staff said because WSDOT's codes are also content related they need to review their own regulations and revise their codes. Southcenter Square Property Owner: The property owner requested amendments to allow a property identification sign. Staff said their property qualifies for the Master Sign. Program. In 2011 a Master Sign Program was approved for the property. However, Carter's already had one sign and even under the Master Sign Program a second sign on the same facade is not allowed. Language is being proposed that could be added to the Master Sign criteria to allow the sign area for a facade to be divided into two signs as long as they are at least 20 ft. apart. This provision would apply to only one location on the premise.Staff said it would help with place making and is much nicer than some of the other signs that are currently allowed, which were approved under the Master Sign Program. Staff is supportive of the change. The proposed language was provided in Exhibit -3 Testimony Kevin McNulty, representative for the Parkway Village provided some history on the land, ownership and the major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name to Parkway Village, and did some signage improvements and removed all of the non -conforming signs. He said they went from an outdated look to a new village concept for retail look and they have already seen increased activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an additional sign on the top of their building. It would prominently display the new center name and they believe the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent. The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show a renewed commitment to the area. Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also who would review the project. Page 3 Public Hearing Minutes March 24, 2016 the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they have not be able to because with the existing sign code it is not permitted. Under the Master Sign Program they are requesting the allowable sign area be split between two flush mounted building signs instead of having it all in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their property and they would be very thankful for the opportunity to make the investment for an additional sign. There was no additional public testimony. The Planning Commission deliberated on the Sign Code. Staff responded to several questions from the. Commissioners. The Commissioners were in consensus with the following additional changes to the Sign Code: • 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties - Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning Commission recommended to allow up to four signs with each sign less than 6 sq. ft. with a maximum total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to real estate signs in the code. • 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical separation of 20 ft. • 19.12.040 Prohibited Signs, number 3, 'Any sign, symbol, object or device located within the City or State right-of-way, City easement or City owned property without City or State approval.' Need to include not just the City right-of-way, but also City owned property. • 19.12.040 Prohibited Signs, add number 10 to read, 'No sign can be put on any property without the property owner's permission.' Zoning Code There was no public testimony. Proposed changes. • Amend procedures section of the code to correctly reference the use of a hearing examiner process for quasi-judicial land use decisions: • The need for assisted living facilities definition, adopting the state law definition and listing them as a permitted use/conditional use where a convalescent center/nursing home is permitted/conditional use. • Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put them in the matrix format. • Incorporate code interpretations into the code. • Add hardship criteria to the Zoning Code Variance criteria. • Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45 feet. • Single family standards — clarify language to read 'any structure on a residential piece of property that requires a building permit.' • Housing Option Program. — Repeal the ordinance as was sunset in 2008. There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent center/nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes are Page 4 Public Hearing Minutes March 24, 2016 Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the Housing Options Program at this time, but deferred until there is further discussion on the topic. Four Commissioners voted to leave Housing Options Program in the code until such time that there is further policy discussion on Housing Options Program. Proposed change by the Commission: • 18.06.708, Senior Citizen Housing, remove the following language from the last sentence in the definition: `however, the population of disabled individuals may not exceed 20% of the residents.' SEPA There was no public testimony. Proposed changes: • Update Tukwila Municipal Code (TMC) to be consistent with the updated State Law. • Update the list of plans referenced in the TMC with the latest versions • Revise the SEPA ordinance to add exemption criteria for development proposals in the Tukwila Urban Center and add procedures for tracking such exempt development. Subdivision and Plan There was no public testimony. Proposed changes: • Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the State Law. The public hearing was closed. Motion: Commissioner Alford made a motion to approve Case Number L16-0010, 2016 Housekeeping Code Amendments as revised, and to forward them to the City Council for their review. Commissioner Strander seconded the motion. All were in favor Director's Report: • Wood Springs Suites Hotel Design Review proposal coming to PC in April Adjourned: 8:20 PM Submitted by: Wynetta Bivens Planning Commission Secretary City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: April 20, 2016 SUBJECT: Draft Facilities Outreach Plan ISSUE Staff has prepared a draft facilities outreach plan for the Committee's review. BACKGROUND The Administration and Council have a shared goal to engage in a transparent and proactive outreach effort around proposed solutions for the City's facilities with the Tukwila community. To support this, staff prepared a draft outreach plan for review and discussion. At the Council Workshop held on April 11, 2016, the Council agreed to move forward with presenting two options to the public on addressing near term public safety facilities: • A public safety voter approved bond that includes a justice center to house police and courts, replacement of three fire stations and fully funding fire apparatus and equipment in the bond. The City would replace the George Long and Minkler Shops with one combined shops facility, funded half with 6320 financing and/or LTGO bonds' and half though enterprise funds. The shops facility and justice center construction would run concurrently. • A public safety voter approved bond that includes a justice center to house police and courts, replacement of three fire stations, fully funding fire apparatus and funding half of the construction of the combined shops facilities. The other half of the shops would be funded through enterprise finds. The shops facility and justice center construction would run concurrently. The discussion at Committee will focus on tactics and timeline. Subsequent discussion will focus on how the City will define, contrast and compare the two options during the public outreach process. FINANCIAL IMPACT Minimal funding is needed associated with the outreach plan, such as a mailing, which can be covered by existing communications and outreach budget. RECOMMENDATION The Committee is asked to review and provide feedback, suggestions to the draft plan before staff begins implementing. The Finance and Safety Committee reviewed the plan on April 19, 2016 and provided comments. CAP will review the same version and all comments will be subsequently compiled. ATTACHMENTS Draft 2017/2018 Facilities Outreach Plan Because there was not consensus at the April 11, 2016 workshop regarding using 6320 or LTGO for financing this nnrtinn of the shnnc chnuld the Council decide not to include them in the voter approved debt, this funding is being Draft Facilities Outreach Plan Objective: Provide the Tukwila community with information on the state of the City's current facilities, the benefits that new facilities would bring, and the proposed mechanisms for how to fund the near term facilities needs. Collect feedback from the community on the options moving forward to present to Council. Overall Key Messages: The annexations that began in the 1980s swelled Tukwila's population from 3,500 to over 19,000 in the period of thirty years, creating a community five times larger with significantly higher needs. During this time, the City's workforce also increased dramatically to meet the increased demand for City services, and yet most City facilities were not equally increased. • With the exception of the construction of Fire Station 53 and the Tukwila Community Center, all of the other City facilities were built prior to when the annexations began, and were constructed for a much smaller workforce. • Fire Stations 51, 52 and 54 were built for a volunteer firefighter pool, which at the time was all male, not the co-ed professional organization we have today that house 65 Firefighters and 5 civilian personnel. • When the Police Department wing of City Hall was constructed the Tukwila Police Department had less than half of the number of police and civilian personnel than they do today. • Federal and state mandates have significantly changed the duties of firefighters and police personnel, requiring specific facilities specifications in order to adequately respond to the new demands on public safety personnel. Many of our facilities do not meet such mandatory specifications. • The Minkler Shops was built to house less than half of the staff working out of there today, and was built in 1972, when it was expected to serve 3,509 residents. The City later purchased the George Long Shops in the mid-1980s to increase needed shop space, but even then the population was under 4,000 residents. Both shops are inadequate for staff and the provision of public services, particularly in the event of an emergency such as their ability to assist in closing down roads, responding to major water main breaks and other emergencies will be significantly hampered in a major earthquake or flooding event. The City of Tukwila has made it a policy priority to invest in residential and business district infrastructure, and not City facilities over the past twenty five years. However, the City must now focus on investing in City facilities to continue providing the community with excellent public service. • The City has focused its Capital Improvement Program (CIP) on infrastructure projects such as the three phases of improvement to Tukwila International Boulevard, as well as the more recent acquisition and demolition of the problem hotels on TIB. • Other examples of such investments include improvements to 42nd Avenue, including new curbs, gutters, sidewalks and undergrounding, a similar project coming to 53rd Avenue South, Safe Routes to School projects at Cascade View and Thomdyke elementaries, as well as the new guardrails on 42nd in Allentown. • Examples of infrastructure investments to support the economic engine at Southcenter include the wildly successful Klickitat interchange project, construction of the Tukwila Transit Center and rehab of the sanitary sewer system in the area. Draft Facilities Outreach Plan — Update April 11, 2016 Page 1 City services, employees and the general Tukwila community are at risk due to deficient buildings and the provision of public service during an emergency is in jeopardy in the event of a major event. • Three of the City's four fire stations are significantly seismically unstable, with the headquarters station also located in a flood plain. In the event of a major earthquake, three -fourths of the City's fire personnel and equipment may be incapacitated. • The difficulties faced by the Tukwila Municipal Court due to inefficient space and safety issues associated with in -custody clients necessitates that a Tukwila Police Officer must be pulled off the streets in order to facilitate one of these clients using the facilities. Additional safety and legally -mandated privacy concerns are also a problem due to the space concerns in the Court. • The 6300 building, located next to City Hall, is structurally deficient and past its useful life. Also seismically unstable, this building holds many key Tukwila Police functions that could be incapacitated during a significant seismic event. • Both the George Long and Minkler shops are located in the flood plain and are not seismically sound. With the key role that shops personnel play as first responders, their ability to assist in closing down roads, responding to major water main breaks and other emergencies will be significantly hampered in a major earthquake or flooding event. The City is prioritizing the facilities that are central to the provision of critical City services first, including all of our first responders. This includes building a Justice Center for the Tukwila Police Department and Tukwila Municipal Court, replacing the three seismically deficient fire stations, fully funding fire apparatus and equipment and replacing the City's shop facilities. Additional facilities needs found in the facilities report will be addressed in subsequent biennial budgets. • The City recognizes the need to ensure the ability for employees to provide critical services in the event of an emergency, as well as high levels of service in non -emergent times, and this plan will allow first responders to do just that. • Additional facilities needs such as resolution of the defects at City Hall and the 6300 will be addressed by the Council and Administration once facility issues related to critical services and first responders are addressed, the earliest of which would be in the 2019/2020 budget. Specific Key Messages on the Two Options: [TO BE DEVELOPED AND DISCUSSED AT A SUBSEQUENT COMMITTEE MEETING.] Tactics: Presentation — PowerPoint presentation that includes information on existing facilities defects, how they affect the provision of service to the public and the proposal to address public safety buildings. Presentation to be shown at open houses, available narrated on website, narrated version on TukTV, and used in road show activities. The City will narrate the presentation in Spanish as well. Facilities Overview — Two -page document that includes the information in the presentation described above. Will be made available at City facilities and events throughout the year. To also be translated into Spanish. Road Show— Facilities presentations described above presented to various community groups, including the Chamber, Rotary, boards and commissions, PTAs, block watches and other opportunities identified by staff and the community. Draft Facilities Outreach Plan — Update April 11, 2016 Page 2 Business Outreach — Staff will include the business community in the overall outreach effort and will work with the Chamber and various assets already on hand in Economic Development to push the message out to this constituency group. Tukwila Reporter— Monthly facilities articles in the City Pages of the Tukwila Reporter beginning in June through August. E-Hazelnut — Bi-monthly facilities articles included in the E-Hazelnut. To run on opposite months as the budget bi- monthly articles. Postcard mailing — Postcard invitation to every residence regarding the open houses. Open houses — Three interactive open houses that have stations focused on: • History of facilities, population, employees and annexations • State of current facilities (similar to Council Workshop held in March) • Overview of the two proposed funding packages; comparison and contrast • Timeline for vote, construction, etc. • Solicitation for top priorities for facilities replacement: o Location (open ended — i.e. where would folks like to see a criminal justice facility?) o Cost to taxpayers o Cost of development o Provision of life/safety services o Customer service enhancements o Alignment with legally mandated services o Ongoing operating expenses o Opportunity to enhance neighborhood with new public facility o Availability of additional funding for other City priorities such as sidewalks, curbs and other infrastructure investments Open houses will be schedule at Fire stations 51, 52, and 53. Interested community members will also be able to sign up for tours of the Police Department, George Long and Minkler shops. The open houses will take place in June. Online open house — Interactive online open house live for the month of June, including similar stations described above at the in -person open houses. Various channels will promote participation in the online open house. Council presentation — Staff will provide a presentation to Council on July 5 or 18 with an overview of what was heard during the public outreach effort. Social media — These channels will be used to promote participation in the online and in -person open houses, as well as other activities such as the road show, SWM insert, etc. Once event dates are firm, a calendared social media plan will be developed to support the various activities. Community Connectors — Utilize the Connectors to reach out to Tukwila's non-English speaking communities; tailor communications as needed to assist these individuals in understanding the issues and spreading the word. TukTV — TukTV will run a narrated version of the Facilities presentation (in both English and Spanish). TukTV, as well as being available online, will also run a version of the March council workshop presentation, and staff will be interviewed for an episode of Tukwila: Your Community focused on facilities and how current deficiencies impact delivery of service. Draft Facilities Outreach Plan — Update April 11, 2016 Page 3 Timeline: Social media support for other tactics in red; dates are targets and may be subject to change Notes • Chamber • Rotary • City Boards and Commissions • PTAs • Historical Society • STP • TIBAC • Block watches • Other or anizations To run on Channel 21 and available on the website SM to promote save the date To run on Channel 21 and available on the website SM to promote when up on 21 and web SM to promote when up on 21 and web SM to promote when goes au .0 c 0 0 ) 0) Ce Project manager, Finance, communications Project manager, finance, communications Project manager Project manager, finance, communications Project manager, finance, communications Project manager, Communications Project manager, Joyce Trantina Communications Communications Communications Communications Project manager, finance, Task Scheduling, final planning for stations, design of boards, etc. Mimic decisions made for stations, build Open House Solicit opportunities to speak at various meetings, events Complete and reviewed by F&S and CAP Complete and reviewed by F&S and CAP Postcard mailed to all residents Begin to engage connectors; develop a process and timeline with them Promote upcoming Open Houses Translated into Spanish Translated in Spanish Narrated and available on TukTV and City website Make the open house live, Tactic Open house planning complete Online Open House planning complete Road Show Power Point Presentation Facilities 101 Overview Postcard Community Connectors E-Hazelnut Power Point Presentation Facilities 101 Overview Power Point Presentation Online Open House Live a+ eaCt Week of May 16 Week of May 16 Week of May 16 M N ti 0) 2 May 17 & 23 Week of May 23 M N CZ 0 CD May 30 May 30 May 30 May 30 June 1 Draft Facilities Outreach Plan — Update April 11, 2016 live; reminders throughout the time online To run on Channel 21 and available on the website SM to promote when up on 21 and web SM to promote day of and afterwards SM to promote save the date, day of and afterwards SM to promote save the date, day of and afterwards SM to promote save the date, day of and afterwards Will need to consider a van or other transportation options SM to promote public hearing communications Project manager, finance, communications Project manager, finance, communications Communications Project manager, finance, communications Project manager, finance, communications Project manager, finance, communications Communications Project manager Project manager Communications Council Council Council Communications push out info over web and social media Taping of Tukwila: Your Community Present Facilities overview presentations to different groups Promoting upcoming Open Houses CV LO Q r- < :r LO < c as a) (.3 .Q Q a) .-J O E O 0 Staff led tours Review of feedback generated at Open House Overview of Open Houses feedback (published too late to promote public hearing) Potential public hearing Potential deliberations Potential resolution; last Council meeting to meet King County Elections' deadline Overview of final decision regarding putting the measure on the ballot TukTV Road Show Tukwila Reporter Open House Open House Open House E-Hazelnut Scheduled tours of PD, George Long and Minkler Council presentation Tukwila Reporter Council meeting 0 0 Council meeting Tukwila Reporter June 13 Q m I- 06 aunr c 0 0 c 0 0 0 0 I r a) June22-3:00-6:00 June 26 — 2:00 to 4:00 June 27 TBD, Weekly in June July5or18 >. = T = July 25 August 2 August 12 Draft Facilities Outreach Plan — Update April 11, 2016 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks CC: Mayor Ekberg FROM: Jack Pace, DCD Director BY: Laura Benjamin, Assistant Planner DATE: April 25, 2016 SUBJECT: Summary of Current and Potential Housing Efforts ISSUE What efforts are the City involved in to improve housing condition and create new quality affordable housing? BACKGROUND Tukwila's Comprehensive Plan includes a Housing Element which provides policy direction for housing efforts over the next 20 years. This element was updated in 2015 as part of the larger Comprehensive Plan update. The Housing Element includes policies ranging from affordability to housing condition. The information provided is a first step in the implementation process. DISCUSSION Housing is a multi -faceted topic. There is a wide range of programmatic and policy options to improve housing condition and create new quality affordable housing. Attachment A provides a summary of current and potential housing efforts, including governmental programs and funding at the city, county, state, and federal level, as well as community development and non-profit initiatives. This is by no means an exhaustive list, but rather a high level overview of the work currently underway by the City and potential avenues for further involvement. These efforts are divided into the following four focus areas: • Housing Type/Options —The majority of housing in Tukwila is older two -bedroom single- family homes and apartments in large multi -family developments. This limited range of housing options does not accommodate residents in all stages of life, including young adults, multigenerational families, older adults hoping to "age in place," and older adults looking to downsize. There is a need for more "family sized" housing with three or more bedrooms. Tukwila has the highest percentage of overcrowded homes in south King County. • Housing Condition —Most existing single-family homes were built before 1970 and the majority of multi -family homes were constructed between the 1960s-1980s. Aging housing stock typically requires more money for maintenance, which can be difficult for residents who are already burdened by other economic stressors and/or are unable to maintain their homes because of age or other limitations. • Affordability— Housing costs, such as rent or mortgage payments and utilities, in excess of 30% of total income are considered unaffordable. Nearly 40% of residents are cost burdened. paving more than one-half of their income on housina. In particular. INFORMAL IUNAL MEMO Page 2 • Homelessness — The number of people experiencing homelessness in Tukwila has risen drastically since 2009. Close to 10% of Tukwila School District students are considered homeless. Attachment B provides an overview of the current state of housing in Tukwila. A summary of the Comprehensive Plan Housing Element is included as Attachment C. FINANCIAL IMPACT N/A RECOMMENDATION Information only. ATTACHMENTS A. Housing in Tukwila — Current & Potential Efforts Matrix B. Housing in Tukwila Fact Sheet C. Comprehensive Plan Housing Element Overview Housing in Tukwila — Current & Potential Efforts Attachment A 1. HOUSING TYPE/OPTION Row Focus Area Program Description/Comment Sponsor/Organizer Eligibility/Qualifications Status in City Requires Policy/Code/Budget Change la Housing Type/Options Riverton Compact Homes Proposed development of 34 owner occupied compact single-family homes (900-1800 sf) with community gardening and recreation space on the Riverton United Methodist Church property City of Tukwila in concert with Homestead Community Land Trust Home price and income restrictions determined by the Homestead Community Land Trust Code updates in 2016, entitlement in 2017, construction in 2018 Code update lb Housing Type/Options Senior Housing Incentivize development of senior housing. Current projects: Tukwila Village, Quail Ridge City of Tukwila Age and income restrictions Ongoing Current code allows higher density for senior housing lc Housing Type/Options Residential Lot Sizes Target specific areas for lot size reductions, like in Allentown from 6500 sf to 6000 sf with increased development standards City of Tukwila Further Research Required, 2016 DCD Work Plan Code change ld Housing Type/Option Recreation Space Outdoor recreation spaces at multifamily properties City of Tukwila Researching Issue and Options Code requires recreation space for new developments, does not apply to existing developments including those constructed prior to annexation 1e Housing Type/Options Residential Infill Standards 'dill in single-family �� the supply and t � - as to increase kigy f Tukwila t r 1 ���� Further Research Required Code change, supported by Comp Plan 1f Housing Type/Options Incentivize Redevelopment Allow redeye', h rl tear down of • • properties in tar. , . higher • Enable j�' •n-conforming amily 4r s such as TIB &, ct Cit `` u i J�!i� �`��tilsriu iL.`vaa » t>v4 „„ �F Y J ti , rd i ln� Further Research Required Code change, supported by Comp Plan lg Housing Type/Options Modular Homes PODs — pre -approved Prefabricate ry. or by Tukwi • »g IWYNM1,• erty dwell' AM is or pl X�'di.. h a f!{ 9 fA City of T ,( . = Further Research Required Code change to allow in residential areas 1h Housing Type/Options Demolition Tax -Exception „ a � • operties r• r' # -molition O. . `� qn .de ukwila Further Research Required '!`rta�NN irrifS;Vt�`. (! i+tiR.t.. an�nnnnn,.:n"`1,,,A�nrtn'rta2C'3 Page 1of4 4/20/2016 Housing in Tukwila — Current & Potential Efforts 2. HOUSING CONDITION Row Focus Area Program Description/Comment Sponsor/Organizer Eligibility/Qualifications Status in City Requires Policy/Code/Budget Change 2a Housing Condition Rental Housing Licensing and Inspection Program All rental units — mufti -family and single-family — annual license and inspection every four years; Focus on life safety City of Tukwila Ongoing 2b Housing Condition National Healthy Housing Standard Code to ensure homes are healthy and safe for residents; First city to adopt the NHHS City of Tukwila Ongoing 2c Housing Condition Minor Home Repair Financial assistance for low-income home owners to make life safety improvements City of Tukwila, King County HUD CDBG funds passed through King County, Tukwila is not an entitlement city Ongoing 2d Housing Condition Vacant Home Registry Require registration of vacant homes in Tukwila City of Tukwila Researching Issue and Options If move forward, code and budget 2e Housing Condition Pest Inspection Annual pest inspection and certification for multi -family properties Required for multifamily properties with 4+ units Researching Issue and Options If move forward, code and budget 2f Housing Condition Neighbor To Neighbor Program Citizens helping others clean up their housing via partner with Habitat for low housing materials Habitat for Humanity in concert with City of Tukwila Low-income home owners and renters — to be determined if program moves forward Further Research Required Policy and budget, supported by Comp Plan 2g Housing Condition Habitat for Humanity Provided land for one low-income owner `obi occupied home in Allentown/ " , Owner occupied home repairs and assistance or III1 iiy Hu d t1 I oncert ith Cit f T a Lo "., : e home owners Completed/ Preliminary Discussion 2hm Housing Condition Home Repair Assistance Nonprofit provides assistance for minor repair in a specific • • • r �Ir ��r 'ty home uilding le in concer � of T� i �I;'i'I'� .Low-incom �a 5, ^ owners Scheduled for Summer 2016 in the Allentown neighborhood Ar.a iii ���IR 2i Housing Condition Community Development Funding May be used rr, ro�ects, e.g, li`r. i3 V7 j}Y T HUD CDBG funds ¢�w,� through Kin:ly Iks; ,14 . ty King �'' 4 i� A N z Compet - pplication annually Available 2j Housing Condition 501(C)3 —Federal Tax Credit rw Used to renovate o • Imti family d units by non -profits; 4 . 4`4 {`` edit P � �,r' � , � <<u ram �T� t� tt'r �5 ��°�i "ri(u � �� G=t I! , << r r +t rY �Yrr� q )i g 9 �, r �r � � Erv�,� r t z I k� Federal Governme ",jai �, Gated to i ton a Available Page 2 of 4 Housing in Tukwila — Current & Potential Efforts 3. AFFORDABILTY Row Focus Area Program Description/Comment Sponsor/Organizer Eligibility/Qualifications Status in City Requires Policy/Code/Budget Change Affordability Utility Tax Relief Annual rebate program for Tukwila Surface City of Tukwila Low Income, Seniors, Ongoing, Water, Tukwila Sewer, Tukwila Water Disabled Administration 3a Reviewing Current Policy Affordability Utility Shutoff Prevention Prevent utility shut off for low income City of Tukwila Low Income, Ongoing 3b Utility Re-Enablement Screened by Human Services. Current budget at $3,000 Affordability Multi -Family Property Tax Pilot program in TUC-TOD area, Washington City of Tukwila Property tax exemption for Ongoing Code change to expand geographic area or income Exemption Place is utilizing the program specified time period for thresholds 3c multi -family developments meeting affordability thresholds Affordability Inclusionary Zoning Require a specified percentage of units in a City of Tukwila RCW 36.70A.540 Available Policy and code change, supported by Comp Plan 3d development are affordable to low-income residents. Potential options for redevelopment of mobile home parks Affordability TIB Multifamily Redevelopment Small scale redevelopment and density inc''''''''s '.;�$I-- Downtown ht^h ry D ;'' rrent properties Preliminary May require code change, supported by Comp Plan 3e for 3-4 multifamily properties in the TIB Dist ' t Ac to ate rent � : is at 40-50% Discussion ousin AMI 4 3f Affordability Tax Payer Assistance Reduction/deferral of property taxes g County 11 ; ssor ;; Low Incom .rs, bled Vet Available 3 g Affordability Acquisition of property for long- term affordability Boulevard at Sou .� � g unty to and `'N tion 8 Ongoing AffordabilitySection 8 Vouchers 258 units serve; � individuals King �a' , Low inc y lottery, Ongoing 3 h , 4 H 0. r �t# in Hous1,:t, ority waiting list of 2500 1n n any,. 3 i Affordability Low Income Housing Tax Credit LIHTC�' O 1 ��f"�'�paH ancing option el' �hq �0.°' 13{��� -. tate of Wa on Competitive application based on point system Available Affordability King County Housing Finance ({ �'' _ � € �r • housings* variety of v., Competitive application Available i ources. New fo aL On ordable " r ^ in r TOD areas, New opt - t° .nd agai .t ounty lodging tax, doe fect City 3js 1 , Dr Affordability Regional Equitable TOD Fund (REDI) Revolvin *fund for affordabl sing, King County Competitive application Funding not yet focused on `�tb riented deve m; nt (TOD) available 3k,1�i �fl � ':� ����t✓ll' Page 3 of 4 4/20/2016 Housing in Tukwila — Current & Potential Efforts 4. HOMELESSNESS Row Focus Area Program Description/Comment Sponsor/Organizer Eligibility/Qualifications Status in City Requires Policy/Code/Budget Change 4a Homelessness South King County Housing and Homelessness Partnership (SKHHP) Works on regional solutions to housing and homelessness; 3 year funded position SKC cities, other funders Ongoing 4b Homelessness Tent City Minimal permitting to allow Tent City on private property in Tukwila if basic health and safety standards met Tent City in concert with City of Tukwila Annually, last at Riverton United Methodist Church in Q1 2016 4c Homelessness Way Back Inn Provides short term (90 day) transitional housing Non -Profit via three City owned houses Human Services provides operating support via competitive application Ongoing 4d Homelessness Human Services Advisory Board Provides funding to non -profits City of Tukwila Nonprofits are funded for 2 years Ongoing 4e Homelessness Enterprise Community Partners Develop greater understanding of Tukwila students' needs via data collection. Jonathan Houston (TSD), Keri Williams(Enterprise), ( ) Mary Fertakis (consultant). Focus on McKinney to — students experiencing homelessness 411 Tukwil choil District ort expected in ut er 2016 _, _ yyM��N 4 111, ,41N.wilf rif , 1s0ilt, � II Page 4 of 4 4/20/2016 Attachment B HOUSING IN TUKWILA Housing Stock The majority of residents live in two bedroom single-family homes or apartments in large multi -family developments. Type # of Units %of Total Housing Stock Single -Family 3,254 42 Multi -Family (including condos) 4,207 55 Mobile Home 233 3 Source, King CountyAssessor, 2013 The majority of Tukwila residents rent. Type # of Units % of Total Housing Stock Owner -Occupied 3,335 43 Rental 4,420 57 Total 7,755 Source: King County Assessor, 2014 Housing Affordability at Various Incomes Income Bracket Annual Income Affordable Monthly Rent/Home Purchase Cost* %o of Residents % of Affordable Housing Units King County Affordable Housing Target (%) Less than 30% AMI $19,990 or less $500 rent/ $94,400 to own 20 3.5 12 31-50% AMI $19,991-$33,100 $670 rent/$157,300 to own 17 26 12 51-80%AMI $33,101-$52,939 $1,070 rent/$232,700 to own 22 38 16 81-100%AMI $52,940 - $66,174 $1,500 rent/ $314,700 to own 19 22.5 NA 101% + AMI $66,175+ $1,800+ rent/$361,900+ to own 22 10 NA Source: American Community Survey, 2008-2012; King County, 2008 Housing is considered affordable when residents pay no more than 30% of their total income on housing costs such as rent or mortgage payments, and utilities. Housing Condition • Most existing single-family homes were built before 1970 and the majority of multi -family homes were constructed between the 1960s-1980s. • Aging housing stock typically requires more money for maintenance, which can be difficult for residents who are already burdened by other economic stressors. Affordable Housing • While Tukwila continues to have affordable units for those at 50-80%0 area median income (AMI), more and more households are struggling to meet their housing costs. • Nearly 40% of residents are cost burdened, paying more than one-half of their income on housing. • In particular, households who make 30% or less of the AMI face the greatest struggle to find affordable housing and are often on the brink of homelessness. Housing Options • Over 9% of homes are overcrowded, indicating a need for more "family sized" housing, with three or more bedrooms. • This range of housing options does not accommodate residents in all stages of life, including young adults, multigenerational families, older adults hoping to "age in place," and older adults looking to downsize. 4/20/2016 W:\Long Range Projects\Neighborhood&Housing Zoning Updates\Housing Brownbag One Pager4,20.16.docx Attachment C SUMMARY The Housing Element establishes Tukwila's housing goals and policies for the next twenty years. It provides a vision and direction for the City's housing efforts and explores opportunities to preserve existing and develop new housing for all residents. REQUIREMENTS The Washington State Growth Management Act (GMA) requires the City to include a Housing Element in its Comprehensive Plan. It must be consistent with the other elements and include goals, policies, and objectives for the preservation, improvement, and developmentof housing. The Housing Element must also plan for additional housing to accommodate growth. KEY ISSUES Housing Condition: Most housing is Tukwila is over forty years old. Aging housing typically requires more money for maintenance, which can be difficult for residents who are burdened by other economic stressors. Affordability: While Tukwila continues to have affordable units for middle -income residents, more and more households are struggling to meet their housing costs. Almost half of residents are burdened by housing costs, paying more than 30% of their income for housing. PROPOSED CHANGES The proposed policy changes to the Housing Element include: • Provide additional resources to assist residents with home repair and maintenance. • Encourage the availability and preservation of housing for residents of ail income levels. • Provide alternative affordable housing options for City residents living in substandard housing. • Encourage a diverse range of housing choices, including cottages, small lot development, duplexes, and detached accessory dwelling units. • Support first-time homebuyers to encourage greater rates of home ownership. 0 E E+- U a) CD Q -o O 0 w C C) O in CC (13 W pslinder@comcast.net vgriffin@gsblaw.com aekberg@cobaltgroup.com makabi5@aol.com E 0 0 O as Ricardo@memusic.com; I ricardo @ hardroad.com aciarrocchi@westfield.com MikelH@sabey.com Work Phone: 206-464-3939 206-241-6904 206-329-5546 206-246-0423 206-277-5249 Home Phone: 206-439-2473 v N c'') c%) O) N co O N 206-500-3821 206-372-6442 206-244-9613 206-790-7227 425-281-2907 206-660-5426 Address: 11918 Interurban PI. S Tukwila, WA 98168 3833 S. 132nd St. Tukwila, WA 98168 4920 S. 161 st St. Tukwila, WA 98188 13017 37th Ave S Tukwila, WA 98168 13017 Macadam Rd S, Tukwila, WA 98168 4234 S. 150th St. Tukwila, WA 98188 12201 TIB Tukwila, WA 98168 Category: Councilmember Councilmember PC Member Resident Resident Resident Business Business ai E ci z Pam Linder (Chair) Verna Griffin Allan Ekberg Thomas McLeod Betty Gully Ricardo Frazer - 'Andrew Ciarrocchi Mike Hansen Wynetta Bivens From: Legals <legals@seattletimes.com> Sent: Monday, April 25, 2016 1:44 PM To: Wynetta Bivens Subject: RE: Notice for Publication for May 5th Hello, Your transaction has been approved. Details of your notice are below. Ad: 641146 Run Date(s): 5/5 Total: $82.51 Please reference your Ad number on any future correspondence regarding this notice. Thank you, Gerald Patriarca Account Executive The Seattle Times p: 206.652.6018 f: 206.493.0766 e: gpatriarca@seattletimes.com c�[tjeSeattle gimes Where life unfolds. From: Wynetta Bivens [ma ilto:Wynetta.Bivens@TukwilaWA.gov] Sent: Monday, April 25, 2016 1:40 PM To: Legals <legals@seattletimes.com> Cc: Scott Kirby <Scott.Kirby@TukwilaWA.gov>; Laura Benjamin <Laura.Benjamin@TukwilaWA.gov> Subject: Notice for Publication for May 5th Hello, Please publish the attached notice on May 5th Thank you, Assistant to the Director I Planning Commission Secretary City of Tukwila I Community Development Department 6300 Southcenter Blvd Suite 100 I Tukwila WA 98188 206-431-3654 I wynetta.bivens@tukwilawa.gov City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Jack Pace, Community Development Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: April 20, 2016 SUBJECT: 2016 Housekeeping Code Amendments ISSUE Public Hearing regarding the proposed housekeeping code changes to the Zoning, Subdivision/Plats, State Environmental Policy Act (SEPA), and Sign Codes. BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Codes together for your consideration. Staff briefed the Community Affairs and Parks Committee on February 22, 2016 and the Committee forwarded them to the Planning Commission for review and recommendation. The Planning Commission held a public hearing on all the proposed changes on March 24, 2016 and their recommendations are reflected in the attached ordinances in the underline/strikeout format. DISCUSSION I. Proposed Title 18 Zoning Code Changes (See Attachment C for the Title 18 Ordinance) 1. Add an Assisted Living Facility definition and list it as a permitted/conditional use where convalescent center use is allowed and consider assisted living facility for seniors similar to a senior citizen housing. See Attachment A for the proposed and existing definitions and the list of zones where these are permitted. The zoning map can be found online at http://www.tukwilawa.qov/wp-content/uploads/Comp-Plan Zoning-Map.pdf Planning Commission also recommended to amend the definition of Senior Citizen Housing (See Section 1, 2 and Exhibit A of the Title 18 Ordinance). 2. Delete the list of permitted uses in each separate zoning district chapter and create a new chapter with Zoning Code Use Matrix. See Exhibit A to Title 18 Ordinance for the matrix and the existing list of uses that the matrix would replace are attached as Attachment B. (See sections 3, 4 -12, 15-22 of the Title 18 Ordinance). 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similarly to other automotive services; Arenas are a permitted use in TUC-TOD; Townhouses are not limited to four-plexes in HDR (Section 3 and Exhibit A of the Title 18 Jrldi ar e; Brewery/Taprooms are permitted in TUC-WP (Section 13 and Exhibit B of the 6rdin nncel. INFORMATIONAL MEMO Page 2 4. With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non -conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre-existing buildings that are taller than 45 feet. (Section 14 of the Title 18 Ordinance). 5. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. (Section 23 of the Title 18 Ordinance) 6. The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: a. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review -Section 24 of the Title 18 Ordinance); b. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission -Section 25, 26, 27, 28, 29, 30 of the Title 18 Ordinance). c. TMC18.70.040 (Non -conforming uses -Section 31 of the Title 18 Ordinance); d. 18.100.030 & .050 (Correcting the hearing body on Type 4 decisions and Preliminary Plats are reviewed by the hearing examiner/Board of Architectural Review instead of City Council -Section 33 and 34 of the Title 18 Ordinance); 7. Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. (Section 32 of the Title 18 Ordinance). II. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. (Section 1 of the Title 17 Ordinance). III. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. (Section 1, 2 of the Title 21 Ordinance). INFORMATIONAL MEMO Page 3 increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project -specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA„ This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. (Section 3 of the Title 21 Ordinance). 3 Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. (Section 4 of the Title 21 Ordinance). IV. Proposed Title 19 Sign Code Changes 1. Remove references to political signs and any other content based language in Tight of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. (Section 1,6,7,9,10 of the Title 19 Ordinance) 2. Planning Commission recomp�e�nded to incorporate some of language that was removed as part of repealingL Iitical signs section such as no signs can be installed without the property owners'°permission. (Section 2 of the Title 19 Ordinance). 3. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum otherwise allowed. (Section 5 of the Title 19 Ordinance). 4. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. (Section 3 of the Title 19 Ordinance) 5. Allow one additional building mounted sign for multi -tenant complexes which do not qualify for the master sign program. (Section 4 of the Title 19 Ordinance) 6. Revise maximum size requirements for fuel canopy signs from a maximum of 5 sq. ft. to 10 sq. ft. or one third of the area of the canopy whichever is Tess. (Section 4 of the Title 19 Ordinance) 7. Allow the signage for one sign on a premise to be split into two signs under the Master Sign Program. (Section 8 of the Title 19 Ordinance) FINANCIAL IMPACT N/A 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 May 9, 2016 and subsequent May 16, 2016, Regular Meeting. INFORMATIONAL MEMO Page 4 ATTACHMENTS A: List of definitions zones associated with an assisted living facility. B. List of uses in different zones that are proposed to be replaced with a matrix C. Title 18 Ordinance along with Exhibit A and B D. Title 17 Ordinance E. Title 21 Ordinance F. Title 19 Ordinance G. Draft minutes from the Planning Commission meeting on March 24. 2016. 15. Manufacturing and industrial uses that have little potential for creati - ite noise, smoke, dust, vibration or other external environmental impacts or pollution, nc u ing u , manufacturing, processing, assembling, packaging and/or repairing of: a. .Pharmaceuticals and related products, such as cosmetics and drugs; b. Previous) r�prepared mat ' s including, but not limited to,'brooms'brushes canvas, clay, clothing, fur, furniture, glas, ink, paint, paper, plastics, rubber, tile and wood; c. !Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 16. Manufacturing and industrial uses that have little external environmental impacts or pollution, -,,prepared metals; including, but not limited to,fst and hand -forging. otential for creating off -site noise, smoke, dust, vibration or other manu ac unng; processing and/or assembling('reviously � g, dyeing, shearing or punching of metal, engraving, galvaniz'rig� 18. Manufacturing and industrial uses that have little potential for creating;,'off-site noise, smoke, dust, vibration or other external environmental impacts or pollution, cTuding but riot limi ef' ``jranufacturing, processing, assembling, packaging and/or repairing of: a. ,F_oods?including, but not limited to, baked goods, beverages (except fermentling and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering); b. P,larrracauticals and related products, such as cosmetics and drugs; c. Pz .ve a sl prepay materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. F1 .c1ronjo chanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 19. Manufacturing and industrial uses that havio�deratte to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts u tint e only to manufacturing, processing, assembly, packaging and/or repair of electrical loormechanical equipmentt_vehicles-and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 20. Manufacturing and industrial uses that have kderate to substantial potentia i r creating off -site noise, smoke, dust, vibration and other external environmental impacts Including but not limited�to manufacturing, processing, assembly, packaging and/or repair of: a. Chemical. ,light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c Rxemiously prepared metals1including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging. 23. Manufacturing and industrial uses that have rile otentiatfor creating off -site se, smoke, dust, vibration or other external environmental impacts or pollution, including, ut not Gmife 'f , anufacturing, processing, repairing, packaging and/or assembly of: a. "Previously prepared metalslincluding, but not limited to, is amping, dyeinshearing or punching of metal, engraving galvanizing and hand -forging; b. Fncluding, 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); c. iEharmaceuticals-and related products, such as cosmetics and drugs; d. Ikevieusly-prepafed-materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods; e. _Electronic, mechanical or.precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. ,001 24. Manufacturing and industrial uses that have oderate to sub tantial potential for creatingite noise, smoke, dust, vibration or other external environmental impacts, but limited on y to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 25. Manufacturing and industrial uses that haveioderate to substantial potential for\creating off -site noise, smoke, dust, vibration or other external environmental impacts, c uding but not limited] manufacturing, processing or assembling: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. Preciously 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. 26. Manufacturing and industrial uses that have oderate to substantial potentior creating off -site noise, smoke, dust, vibration and other external environmental impacts ncluding but not lim c-tl � manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. Previnu Iy .manufacti ured 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. 29. Manufacturing and industrial uses that have odera e to substantial potential f r creating off -site noise, smoke, dust, vibration or other external environmental impacts, i luding, but no i ' o: a. Heavy metal presses such as smelting, blast furnaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chern+eals;iight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) 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. 32. Manufacturing and industrial uses that have derate to substantial potenti- or creating off -site noise, smoke, dust, vibration or other external environmental impacts, i ding, hut notlimitedJo. a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals., light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) ,pilykoly 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; and (3) 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. 40. Manufacturing and industrial uses that have moderate to substantial soten t a for creating off -site noise, smoke, dust, vibration or other external environmental impacts, c us ng, sut not limite manufacturing, processing, assembly, packaging and repair of: a. Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools airp anes, o s o her transportation vehicles and equipment; b. Chemi4 ,cal light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); c. 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; d. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging. Commercial Parking * Commercial laundries Colleges and universitiesWi Cemeteries and crematories Cement manufacturing Cargo containers (*see also 18.50.060) Cabinet shops or carpenter shops employing less than five people Bus stations 1 Brew Pubs sawoH 8uipJeo8 co. ET Q 0 O O O 0 3 Bicycle repair shops Bed and breakfast lodging (no size limit specified) Bed and breakfast lodging for not more than twelve guests Beauty or barber shops Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and Alternate fueling station are ^cl d cd' ^rovidcd' •hcy arc( -not wholesale distribution facilities). Automobile, recreational vehicles or travel trailer or used car sales lots (* W Animal Veterinary, including associated temporary indoor boarding; access to an arterial required Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs =no permit) Animal rendering Amusement Parks Airports, landing fields and heliports (except emergency sites) Adult entertainmeni'"'subject to location restrictions) Adult day care d1,'1 P = Permitted, A = Accessory, C = Conditional, U = Unclassified,S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, D=by Director, HE=by Hearing Examiner n D Q n v D z n A&S n n -0D, c vs n > Qo vl n n v > z A v ( �+ n n -a v -0 n v v D c 0 v -, n n v v v T. O n v v -0n n n v -0 "0D -0 "0 -0 -0n v lc v ) n n D Qo `^ v v v v v v v v v n n D n v. i1 v n n QDo v v v v v v v v v n n D n , n n c T. v v -a v v v v v v n n c v r v v n n c v v v v v v v v v n c n c v c v #'• n n c v v v v v v v v v n n c v = v n trf c -0 -0 -0 -0 n_ -03 C n n., � c v v v 'v n t co y c -a` 3 v v :NiVI 0 n c v v v v v v v v v v n n C v %.- 0 v n v v v v v v v v v v v c v v O A See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. Table 18-6: Land Uses Allowed H:\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) Electric Vehicle Charging Station — Level 1 and Level 2 Electrical Substation —Transmission/Switching Electrical Substation — Distribution Dwelling unit —Accessory *\' Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards. This includes assisted living facility for seniors. Dwelling Unit =Transit Oriented Development * Dwelling — Multi -family units above office and retail uses Dwelling —Multi -family Dwelling- Townhouses up to 4 attached units Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units. Dwelling- Detached Zero -Lot Line Units Dwelling — Detached Single family (Includes site built, modular home or new manufactured home ) Drive-in theatres Dormitory* Diversion facilities and diversion interim services facilities4'(3`P(`{W:dL, „ Daycare Family Home t (@amity Child Care Home) Daycare Centers (not home -based) Correctional institutes Convention facilities Convalescent & nursing homes& assisted living facility for more than twelve patients Convalescent & nursing homes & assisted living facility fur riot more than twelve patients Continuing care retirement facility. Contractor storage yards Computer software development and similar uses P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, D=by Director, HE=by Hearing Examiner > > n D -0 n > 5,. A.; > > n D N cu p F fl. o SF m v m fl- a 3 ,, rr < N _° I� 1 v v v n T. v n 3 A > > n D al co -av n Cu v -an D-o - A > v n D rn o v n - -v T.D `, v n v In -ap D v n D > D G n v In v o > -aD v v D. r' D-0 n v ps n n v v n D °; CS'v v -0 > 3 I D-0 n -aIn z I-) v -0 n m 0 -0 d n n D D v v n 0 In -0 n v v n rn m '� n v ` 1 n D D-a -an -0 In v n v -a n n D c v -o n -o In v -a, r v v n n D -0 c-0 -a v c v -0 C n n D J -aC -a v v _. v -0 n v n+r v 3 v C n Y v C v v n x c n > N °i o °; rNi n� l' `y` v n > D. v v n w In v v C v D 1 G^ r �o v D D-0 v v -0 w vvl r A H:\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx rn rn 00 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 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) Manuf./Mobile home park *Nyij/ Libraries, museums, or art galleries (public) Laundries; self serve, dry cleaning, tailor, dyeing Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions Internet Data Centers Industries involved with etching„film processing, lithography, printing and publishing \rp jr Hydroelectric and private utility power generating plants Hotels Hospitals, sanitariums, or similar institutes Hospitals Home Occupation *see definition and accessory use Helipads, accessory Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering Heavy equipment repair and salvage Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) Greenhouses or nurseries (commercial) Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft Garage or carport (private) not exceeding 1,500 sq./ft on same lot as residence and is subject to the regulations affecting the main building. Frozen food lockers for individual or family use Fraternal organizations Fix -it, radio or television repair shops/rental shops Fire & Police Stations Financial, banking, mortgage, other services Farming and farm -related activities Extended -stay hotel/motel Essential public facilities, except those uses listed separately in any of the other zones P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, D=by Director, HE=by Hearing Examiner n c D.D D n o a n n C D D D n4 c a -o -oC D D n o m -0 -0c n D D -0 n -0c 0 v v C n D v n v O n -0C D -0n -0n n n -o -oC D -0 -0 -0 -0 n -0n n v v C n v c v n v v v v n v v c n v v C v c v n D v v v v n v v C 3 n n -0 -0c v -oc -on -o -o -o v -0n -0 -0c r- n n v -o C v -0 c -o n v v v v v n v v C c v v v v C v v C v n v n v v v v n v v c x n n -0v c -0 -0 CO n n n c 3 Fi v v v v C v v C n v v n n n' C g x n n v v C v v C v n n D v v v v v n v v v C v v v v v v > n v -o v v v 1 v v v C O .0 A :\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx Parks, trails, picnic areas and playgrounds (public), but not including Parking areas Park & ride lots Outpatient and emergency medical and dental services Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial Movie theaters with more than 3 screens * 1` Movie theaters with three or fewer screens Motels Mortician and funeral homes Minor expansion of an existing warehouse * ✓ i Medical and dental laboratories h Mass transit facilities Marijuana producers, processors, or retailers (with state issued license) Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials Manufacturing, processing, packaging of foods, such as baked goods, beverages (fermenting and distilling allowed in some zones), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) 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 Manufacturing, processing, assembling and/or packaging 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 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 Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging heavy industrial uses P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, D=by Director, HE=by Hearing Examiner D c s A -0D C o A v D C 0 o -0D n - v c c 0 v D n v v C j 0 'V D -0 t C Pi n n z -0z D n -0 -0 -CI v C -17 -0v -0 n n v > n v -0 v -0c v -0 v n 3 v > n v v v v C v v v v v n v > n v v v v C v v v v v -o c v > n v v v v C v C v v v v v x v T. n ri J *,�; ;o S� n c v v v v v 3 , v D n n� n c c - v v v v v 3 v D n v v v v c v c v v n v v n IA v D n v in v -0n cn v c �� c v v -0 v a v A H:\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx 00 Retail sales as part of a planned mixed -use development whereat least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g., drive-ins, service stations). Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/notions/crafts/supplies/housewares/ electronics/photo- equip/film processing/ books/magazines/ stationery/ clothing/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, and similar items. Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies Restaurants including cocktail lounges in conjunction with a restaurant Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant Residences for security or maintenance personnel Research and development facilities Rental of commercial trucks and fleet rentals requiring a commercial driver's license Rental of vehicles not requiring a commercial driver's license Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures Religious facility and community center buildings. Religious facilities with an assembly area greater than 750 sq ft and community center buildings Religious facilities with an assembly area less than 750 sq ft Recreational area and facilities for employees Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges Recreation facilities (commercial — indoor) — athletic or health clubs Railroad tracks (including lead, spur, loading or storage) Railroad freight or classification yards Radio, television, microwave, or observation stations and towers Plumbing shops (no tin work or outside storage) Planned Shopping Center (mall) Pawnbroker amusement parks, golf courses, or commercial recreation P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, D=by Director, HE=by Hearing Examiner n n n o a n 0 n 0 0 a n n n 0 XI v v -aD n v D n v n c 0 v v D n v D n v n 0 -0n D n v D n 73 n n v v v T. n v D n n v n v z R v v v D v n v > n v v n v v n n -0 v v > v n -0D 0 v v n -0 -0n n3 v v v > v v C n v > n n v v v n v v v v v v > v v C n v D n n v v v n v v v ,- -0 v v > v v C n v D n n v v c n v v v = * W v D v v C D n f (:)-0 G C n 3 n v > v v c D n v v C n 3 Fi x v v v > v -o v c 0 v > n 0 v v v C n v v v v v v > v v v n v > v v n v ' .:•v o vl 'a H:\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx Wireless Telecommunications Facilities (*see TMC 18.58) Water utility reservoir and related facilities Water pump station Warehouse storage and/or wholesale distribution facilities Vehicle storage(no customers onsite, does not include park -and -fly operations) Utilities, regional Truck terminals Transfer stations (refuse and garbage) when operated by a public agency Tow -truck operations, subject to all additional State and local regulations Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code Telephone exchanges Taverns, nightclubs Studios — Art, photography, music, voice and dance Stormwater pump station Stormwater- neighborhood detention + treatment facilities 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 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 Stable (private)* vi ro rp Sewage lift station Self storage facilities Secure community transition facility Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools Schools and studios for education or self improvement Salvage and wrecking operations which are entirely enclosed within a building Salvage and wrecking operations Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52* Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S=Special Permission Parking: NP=no additional parking requirement, PC=by Planning Commission, U= yDirector, HE=by Hearing Examiner v c c C c >-o c n 6 A V C C C C D-o C n v o A v C C C C D v C n o 0 A -oC C -o v C C -oC n -o3 c 0 v c c v -u c C v c n v o -oc c -o c c c n -on 72 en -oc C -o v v c c C n -oR v v v v v v v v n v n -o -o v v v v v v n v xi 3 -o -o -o -o v v v v v v v v v n r- v -o v v v v v v v v v -o n c v v v C v v v v v v v v '0 -0 'v, x v v c vs. s v v v o '�v -on 3 v v v C -o v S, v v v C v.,o v v v 3 v v -0 C v v v v v n v v n v v n v n v n v v v v v n v v v n -0 -o n N 0 -o_ c -o 'a H:\2016 Housekeeping Code Amendments\AMS Edits\FINAL Exhibit A to 2016 Housekeeping Title 18 Ordinance- Zoning Code Use Matrix - AMS edits.docx O rp rroo 0 O 0 r0 PS S ro O O N r9 O. w r0 0 t ( ,.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. I 2t Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 1/1"\i3: Private stable, if located not less than 60 feet from front lot line nor Tess 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. 4x) ,4' Bed and breakfast facilities, provided: { J� 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. 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. e /.7..fi 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. 1' 7. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. \ 4.. /8 Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. . Correctional institution operated by the City of Tukwila 01. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and �b meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: CO ce,h' Cat I(?M r iv\AAAL h Ceiv- C@YDA- a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, 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. 3 _1.Offi A1ces, 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, O. No dismantling of cars or travel trailers or sale of used parts allowed. 13. 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). ,14 Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, 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. 15. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollutionncluding but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, painttpaper, plastics, rubber, tile and wood; c. Electronic zmechanical or precision instruments such as medical and dental equipment, photographic goods, measurement anid control devices, and recording equipment. 16. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental'impacts or pollution, limited to 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. s7 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 one-half 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 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. 18. Manufacturing and industrial uses that -have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Foods, including, but rot 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 19. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturing, processing, assembly, packaging and/or repair of electr cal or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tops airplanes, boats or other transportation vehicles and equipment. 20. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to, manufacturing, processing, assembly, packaging and/or repair of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging. 21. Diversion facilities and diversion interim service facilities, provided they are located south of Strander Boulevard. ,22. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 23. Manufacturing and industrial uses that^have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts‘ pollution, including, but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: r" a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; 1 b. Food, including, but not limited tobaked 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); c. Pharmaceuticals and related p oducts, such as cosmetics and drugs; d. 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; e. Electronic, mechanical;or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 24. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 25. Manufacturing and industrial uses that havrmoderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturing, processing or assembling: f a. Chemicals, light metals, plastics,/solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. 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. 26. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, Tight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and Tight machinery, tools, airplanes, boats or other transportation vehicles and equipment; c. 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. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. ft 8. No night clubs 29. Manufacturing and industrial uses that have oderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental pacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chemicals, Tight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and t (2) Previously man factured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, consumable electrode melting; and similar heavy industrial uses. /30. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. /31A. 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; retail services such as beauty and barber shops, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 911 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; retail services such as beauty and barber shops, financial services, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 32. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, asembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) 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; and (3) 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. /33. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). A. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 13(Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. r37 Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following 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 residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility 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. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. SAME AS #18 39.'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. 40. Manufacturing and industrial uses that have/moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assembly, packaging and repair of: a. 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; b. Chemicals, light metals, plastics, solvents, soap, wood, coal, gtass, enamels, textiles, fabrics, plaster, agricultural products or animal'products (no rendering or slaughtering); c. 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; d. Previadsly prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging. 1(\:29. : D iGag (allowed after residential design manual with criteria for approval is adopted by ordinance): } a, one detached single-family unit per lot btu tj family c. multi7farnily&its above office and retail space �` • d. senior citizen using 42. Where the underlying zoning is HI or TVS ,'% .43. Planned shopping center (mall) up to 500,000 square feet. /44. Theaters for live performances only, not including adult entertainment establishments. 45. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. Ir` /46. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 1‘25-t— LVAW tb cK. P metcad . r .r.(AA04,441 iryeTte"ftk ctio vels nom, c • 4\-f-d.),AAtztukt.;A&J "labtt`" te • reMet -reotAitelkett- 2� la^(114•uga 4.44.kg ik4.,11/ 11 m;%124 1-D) rw►odu-vi-tx, it 5 kbs gd cad 64_47_ mviQ aile f E CAA C 0 -_ CAP cAA4 hi Lc-_ f cAAP 1 C. e _('AP ALL we Ic...ril -P c 4'_ cuip L LT. -.-.-.._.-- __.-1—A cfrti1 ^.--- ___( 1 CAA-4 21.04.270 SEPA - Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now existing or as may be amended hereafter: 1. Zoning Code - TMC Title 18; 2. Shoreline Master Plan Ordinance 898; 3. 1995 Comprehensive Land Use Policy Plan; 4. Long Range Parks and Open Space Plan Ordinance 1315; 5. Subdivision and Plat Ordinance TMC Title 17Section 17.01; 6. Comprehensive Sewer Plan Resolution 901; 7. Comprehensive Water Plan Resolution 873; 8. International Uniform Building Code 1982 Edition Ordinance 1.287; 9. Transportation Improvement Plan Resolution 917; 10. Annexation Policy Plan Resolution 626; 11. Sidewalk Ordinance Ordinance 1233; 12. Standard Specifications for Municipal Construction Ordinance 1250. Southcenter Subarea Plan Southcenter Design Manual Surface Water Comprehensive Plan (ref Resolution No. 1807) 42 V', cla1/4 r �0A~�' -() cADVa- oak Va (7\A r,cc, O 10 c-M( PC Interviews PC Roles Legislative • Provide recommendations to the City Council on code changes and long range plans • Examples are Shoreline Master Program. Comprehensive Plan Quasi-judicial • Sit as the Board of Architectural Review to analyze the building, site and landscape design of new projects • Experience with architecture, landscape architecture or land development is helpful but not required Commitment • Meetings are held on Thursday nights at 6:30 • Generally work sessions are the 1 st and 3`d Thursday with hearings on the 4th • Number of meetings varies with work load but expect to average 1 to 2 per month • Packets are mailed out a week ahead and you should read them and come to the meeting prepared to participate in the discussion Process • Mayor will nominate his choice to be confirmed by the City Council in time for the next meeting Questions u tt` 1) What community issues are of most concern to you and why? G 2) Do you anticipate having conflicts of interest due to business contacts or financial holdings? 3) Are you comfortable with the level of involvement required for this position? 4) Are you comfortable with public speaking? 5) Do you have education or experience that would help you serve as a commissioner? 6) Do you have questions about the Planning Commission? \,) 4-k 1)\'144,,,,, I C ci krYeucit • t.77 rey- 6Lfc)ill CkQ t y etke r i- +CAkA P SA1Q. A C ye-i 1b'ul VeLe.Wi w\aAl \sY LQ 1✓‘c\v%ctu VPC),v,,2\1un O S �cic�vy�,�- ``�'�1' (' S7ccllam' 1ti11 c `c%, c-< < C�nc.1 c�.a [,� c� C r 3 e r1 t �I; G� cY� tas- C�l�rj `v uL. ci� ' 4 cJJc„,,/ 06L) fe_c, 2cM, i �� t/ � 5 �► I11 Elc/I(couio m1//\ vS o'V'^� jlf4 R \\ vred Pc---,2, `ttC - lob (i ,t) C. Cam. r��., u PCOI/ C Y U cc-e Sscri -10 hre t.er> Ciro - o°� Da Qom. o y�i.e.. a'� {' ro 'rt �C S*-cl `l�`� tittll ,„)7 N RAJ "`� vr-e. i / 5' Sr-ge J (1 1 aY 1rC—s�(C-e. C l e v-O3v c- V�IAd �ci Sl 12 — 1��I MVO) 0) NC.61 Pi, g_C&) T'4C; U/tZ, TES) TSD CE`�cihv MO-, g ir-J T S D C _ +hu.D n, 1%)tL,R-C;e-CN1J IU1C c r Li , Tvs t--‘ovv5tkIf2).-1,-;AC-e-d r"(40) Ntt i 9.61 ecm %S° c.,(AP _ plc i'A- Tv Ecc.cilL7t1 5kStt Q _ �,v�� � S1�'�-c e t%k- r _ � _ . , � _ � � A- -' met t^t l� �`�� r . _ n lkrir <ra22� rc. (1 �40 Minnie Dhaliwal From: Barbara Saxton Sent: Friday, April 15, 2016 4:16 PM To: Minnie Dhaliwal Subject: RE: Housekeeping Ordinances Just two questions on Title 19, Sign Code: 1. Section 6 Cegarding TMC Section 19.24.060: In subparagraph 1, is TMC Section 19.24.050 the right one you wanted to reference here? Not .030 or .040? 19.24.650 seems to be mostly about placement... 2. Section 9 regarding TMC Section 19.38.040: I'm wondering if we should restate subparagraph 5, in addition to subparagraph 4. The reason would be because the numbering in subparagraph 5 should really be 5., and then subparagraphs a., b., c., d. and e. Besides correcting this numbering schema, it would eliminate any confusion when we say we are amending 19.38.040, subparagraph 4 (because right now there is also a subparagraph 4 under subparagraph 5!). This is subparagraph 5 as it reads now: j 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees pruning of the street trees, is permitted, provided: 1. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane'closures, sidewalk closures, etc. 2. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. 5. In the event of death of the tree(s) as a result of the pruning activities, the applicant shallfbe responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Your choice on that one. Let me know! Thanks, Minnie. From: Minnie Dhaliwal Sent: Friday, April 08, 2016 5:59 PM To: Barbara Saxton; AnnMarie Soto Subject: Housekeeping Ordinances '1(Ci 0 Barbara and AnnMarie, I have revised the ordinances per Planning Commission recommendation. The revised/added/deleted sections are highlighted and incorporated into the ordinance that you had reviewed before. All the ordiinances are saved at Z:\01AgendaBusiness\Ordinances For Review\2016 Ordinances\2016 Housekeeping Code amendments\Planning Commission Recommendations for your review. This item is scheduled for Community Affairs and Parks Committee meeting on April 25th and final documents will be due to Christy by noon on April 20tn. I am out of the office next week but will be back on April 18tn Thanks for all your help. Minnie Lt,t 5( Y,� �1 f�'1 t Q �'1�✓ f goo mfla4-)1,. z (at jo �G� y 4-sa"- Gu-j-Q C?_(2,i.,t Ate_64-nilk) -pic9A__ eA- GtA-Ji-v-v)' i g-rct-4__C \1/4kezt_g Dro-v\AA upci 1 Lot-- y ON 0 S v O t 206-713-4707 206-551-1238 206-769-9918 w co O O O lO 00 N. In v1 O tD O O O O %-1 00 00 00 00 00 01 01 01 01 01 a_ NJ 206.617.2899 kovacharchitects.com' 98201 Austin 206-550-0582 O v O lcoD lcoco D LDD ri % -1 % -N 0011 01 0011 98168 dorianta 206-234-9507 98168 00 to 00 01 z z z a Q Q Q Q Q Q } N w w J Y w Y Y Y Y Y Y Q CC CC w O>ODD D O > a a CO I- w F- N N I- I- I- V) w CC LAST NAME FIRST NAME 10212 SW 228TH ST PO Box 415 PO Box 415 17000 SE 65th Place 5313 S 136 Street 5302 S 137TH ST 13537 52ND AVE S 13526 53RD AVE S i v C inO }' i ++ C • co • (0 Y , O w in 'a • i E c C p += Y a O i a) • O 0 00 , U > j, v • __ L Z w co O 13600 53 AVE S 13535 53RD AVE S O O C ,C I— m Todd Hutchinson 13600 53RD AVE 5 v N N City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES Date: March 24, 2016 Time: 6:30 PM Location: Council Chambers Present: Chair, Sharon Mann; Vice Chair, Miguel Maestas; Commissioners, Louise Strander, Brooke Alford and Nhan Nguyen Absent: Staff: Commissioner Mike Hansen Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary Chair Mann called the public hearing to order. Motion: Commissioner Nguyen made a motion to adoptitlieFebruary 25, 2016;mnutes. Commissioner Maestas seconded the motion. All were in favor,' lllill�I III id! I II l �� lily, ��'lli Request: Commissioner Strander requested revisions to the minutes' After reviewing the public hearing Ip; recording staff determined that the applicable' Comments;'�l lere alreadyincluded in the minutes. 'Il;lI�'P ` II � 'illlhiill�" ulul� Chair Mann opened the public hearing and ,swlorapin those wishing,tioilprovide testimony. CASE NUMBER: L16-0010 TITLE: 2016 Housekeeping ('ode Amenidmepts Hous�keelping., Code AImendi enits tol'Titl i:17 18 19 and 21 (Subdivision TOPIC: III I�.�;d e• Ill � ill�li � ilill�I�III lilll I�Ipp�� .i'� ' ' Zoni �g, Si and SEPARegulations)Code I Municipal Code. The proposed amendments range from code clarification to III III Ilh It�pdating devel ;�ment regu attons and permit processes. LOCATION: City Wide milli I'I il'�'�' ,II y1lilllb11111 III � ' il��'!lll II Ilill!I Minnie Dhahwal, Planning Supervisor Department of Community Development, gave the presentation. Two comment letters and'a list of additional amendments related to the Sign Code were entered into the record. A copy, of each of these items were previously handed out to each member of the Commission. The comment ti "I 111°II,,,. letters were received during the review process; one from Washington State Department of Transportation (WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments were content based regulations that the city attorney recommended to address in the ordinance. The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code, SEPA, and Subdivision/Plats. Sign Code Proposed sign code and sign permit changes: • Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content based regulations such as political signs, which are considered unconstitutional. Page 2 Public Hearing Minutes March 24, 2016 • Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was moved to a different location. • Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances. • Allowance of a non -content neutral center identification sign on each business owner's premise. • Increase the size of the fuel canopy signs to a 10 sq. ft. maximum. • Increase the number of signs allowed on residential property to two without a sign permit in lieu of political sign provisions. • Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone through design review. Delete real estate portable sign provisions as these are content based. Staff's response to comment letters: Washington State Department of Transportation (WSDOT): WSDOT has their own sign regulations. WSDOT provided comments on the signs that can be seen from the free -way and the limited access. Staff informed WSDOT that the City's code states the applicant is supposed to obtain any permits needed from WSDOT. Also, the applicant is supposed to comply with WSDOT's regulations. However, staff said because WSDOT's codes are also content related they need to review their own regulations and revise their codes. Southcenter Square Property Owner: The property owner requested amendments to allow a property identification sign. Staff said their property qualifies for the Master Sign Program. In 2011 a Master Sign Program was approved for the property. However, Carter's already had one sign and even under the Master Sign Program a second sign on the same facade is not allowed. Language is being proposed that could be added to the Master Sign criteria to allow the sign area for a facade to be divided into two signs as long as they are at least 20 ft. apart. This provision would apply to only one location on the premise. Staff said it would help with place making and is much nicer than some of the other signs that are currently allowed, which were approved under the Master Sign Program. Staff is supportive of the change. The proposed language was provided in Exhibit -3 Testimony Kevin McNulty, representative for the Parkway Village provided some history on the land, ownership and the major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name to Parkway Village, and did some signage improvements and removed all of the non -conforming signs. He said they went from an outdated look to a new village concept for retail look and they have already seen increased activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an additional sign on the top of their building. It would prominently display the new center name and they believe the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent. The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show a renewed commitment to the area. Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also who would review the project. Page 3 Public Hearing Minutes March 24, 2016 the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they have not be able to because with the existing sign code it is not permitted. Under the Master Sign Program they are requesting the allowable sign area be split between two flush mounted building signs instead of having it all in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their property and they would be very thankful for the opportunity to make the investment for an additional sign. There was no additional public testimony. The Planning Commission deliberated on the Sign Code. Staff responded to several questions from the Commissioners. The Commissioners were in consensus with the following additional changes to the Sign Code: • 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties - Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning Commission recommended to allow up to four signs with each sign less than 6 sq. ft. with a maximum total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to real estate signs in the code. • 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical separation of 20 ft. • 19.12.040 Prohibited Signs, number 3, 'Any sign, symbol, object or device located within the City or State right-of-way, City easement or City owned property without City or State approval.' Need to include not just the City right-of-way, but also City owned property. • 19.12.040 Prohibited Signs, add number 10 to read, 'No sign can be put on any property without the property owner's permission.' Zoning Code There was no public testimony. Proposed changes. • Amend procedures section of the code to correctly reference the use of a hearing examiner process for quasi-judicial land use decisions. • The need for assisted living facilities definition, adopting the state law definition and listing them as a permitted use/conditional use where a convalescent center/nursing home is permitted/conditional use. • Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put them in the matrix format. • Incorporate code interpretations into the code. • Add hardship criteria to the Zoning Code Variance criteria. • Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45 feet. • Single family standards — clarify language to read 'any structure on a residential piece of property that requires a building permit.' • Housing Option Program — Repeal the ordinance as was sunset in 2008. There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent center/nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes are not allowed in HDR or MDR. Staff clarified the scone of nronosed changes was hnnsekeenino co „n mainr Page 4 Public Hearing Minutes March 24, 2016 Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the Housing Options Program at this time, but deferred until there is further discussion on the topic. Four Commissioners voted to leave Housing Options Program in the code until such time that there is further policy discussion on Housing Options Program. Proposed change by the Commission: • 18.06.708, Senior Citizen Housing, remove the following language from the last sentence in the definition: `however, the population of disabled individuals may not exceed 20% of the residents.' SEPA There was no public testimony. Proposed changes: • Update Tukwila Municipal Code (TMC) to be consistent with the updated State Law. • Update the list of plans referenced in the TMC with the latest versions • Revise the SEPA ordinance to add exemption criteria for development proposals in the Tukwila Urban Center and add procedures for tracking such exempt development. Subdivision and Plan There was no public testimony. Proposed changes: • Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the State Law. The public hearing was closed. Motion: Commissioner Alford made a motion to approve Case Number L1.6-0010, 2016 Housekeeping Code Amendments as revised, and to forward them to the City Council for their review. Commissioner Strander seconded the motion. All were in favor Director's Report: • Wood Springs Suites Hotel Design Review proposal coming to PC in April Adjourned: 8:20 PM Submitted by: Wynetta Bivens Planning Commission Secretary ATTACHMENT C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintains a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery/taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non -conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre-existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single-family dwelling design standards apply to accessory structures requiring a building permit; and W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on , the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on , the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total unitsresidcnts. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. Section 3. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18-6, "Land Uses Allowed by District." [attached hereto as Exhibit A] Refer to Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit BJ Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 1A/• 1A/nrri Prnraceinn\(lrriinanroe\Title 1R_7nninn icc lac ctrika-thni d-1 R-1R 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W• Wnrri PrnnGccinn\(lrrii nonnoc\Ti*I 1 Q_7nninn fin ... A 1 e 1 c Section 6. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TMC 18.18.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.18.040, Conditional Uses 2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.20.020, Permitted Uses 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TMC 18.20.020 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TMC 18.20.030 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified at TMC 18.20.040 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified at TMC 18.20.050 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." %A/. Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.26.020, Permitted Uses 2368 §22 2287 §15 2251§35 2021 §3 1986 §8 1971 §11 1830 §17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18-2 within TMC Chapter 18.28, is hereby amended to update Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. \fl/• W, rri Prnnocc.nn\ llrrlin.rnnn\TII.. 10 .. A r a n Section 14. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses..-1" except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (C/LI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified at TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W• Wnrr1 Prnraccinn\Clrrlinanrae\Tifla 1R_7nninn a_1a Section 16. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251§47 2021 §7 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.34.030, Accessory Uses 18.34.040, Conditional Uses 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 2251 §48 1971 §55 1758 §1 (part) as codified at TMC 18.34.030 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 18. TMC Chapter 18.36, "Manufacturing/Industrial Center — Light (MIC/L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified at TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.38, "Manufacturing/Industrial Center — Heavy (MIC/H) District," Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974 §11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251§55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 AAP \A/nrf! Prnnocci nn\e . c 4 18.40.040, Conditional Uses 2368 §43 2251§56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 (part) as codified at TMC 18.41.030 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 22. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 23. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including accessory structures that require a building permit, Program, constructed under building permits submittcd to the City after August 19, 2005, must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not Tess than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide.; and 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 24. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off -Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby 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 that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing ExaminerBoard of Architectural Review approval for the entire parking lot. 2. MINIMUM PARKING. 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. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 e. Ingress and egress to any oft -street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or the Community Development Director 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. AIII 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. 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 that 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 STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. \A/• 1A/nrrl Prnneccinn\llr.din.rnnnn\T:H.. e. c an Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing ExaminerPlanning Commission under such conditions as the Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 34 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing ExaminerPlanning Commie' , , may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing ExaminerPlanning Commission or City Council, on appeal, may grant a single renewal of the conditional use permit if the party seeking the renewal) can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing ExaminerPlanning Commission may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations_; er 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner or City Council, on appeal, determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. W Wnrri Prnroeci .n\llrrlinnnnoc\Tiflo 1 0_71,nb.n inne. a.il. as ... e a r a c Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit which that has been denied may not be resubmitted within six months from the date of the Hearing Examiner'sPlanning Commission or Council disapproval., whichever is later. Section 31. Ordinance No. 1819 §1 (part), as codified in TMIC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Planning Commission Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 32. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. W: Word Processina\Ordinances\Title 18-Zonino issues strike-thn, 4-1S-1A Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations — Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, and when the the hearing body shall make and enter findings of fact and conclusions from the record which that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 34. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings — Preliminary Plats When the hearing bodyCity Council makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school.; and 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing bodyCity Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing bodyCity Council shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. 1A/. 1A/.._.J Cf •N...\P1..J: \TAAI.. i0 7....A.... i....i .......ANAL.. AL.an. A. 1 C. 10 Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 36. 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 37. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Table 18-6, "Land Uses Allowed by District" Exhibit B — Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 ATTACHMENT D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on , the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on , the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 4-15-16 Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter approval is submitted to the Tukwila City Council for approval within sevenfivo years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten years from the date of the preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The Planning Commission hearing body of the preliminary approval may approve one extension not to exceed one year. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 4. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: IA/• 1A/nrr7 Drnnncc.nn\ilrr/in•anne.e.AM .. . A ATTACHMENT E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project -specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on , the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 WHEREAS, on , the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197-11-800 (1)(b)(i) and WAC 197- 11-800(1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197-11-800 (1)(b)(ii).011 up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800 (1)(b)(-i- iv), up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197-11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197-11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Planned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified" uses are not planned actions); and \A/• \A/nrli Prnnocci nn\llydinonnnn\Ti+1n 0 c'I r .. r 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440 43.21C.031(2); and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21 C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21 C.031(2)); c. a conditional or unclassified use, in the respective MIC/L or MIC/H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21.04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project -specific SEPA-based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.06.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA — Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan Resolution 626 2. Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan Resolution 873 4. International cif -Building Code 1982 Edition Ordinance 1287 5. Long Range Parks and Open Space Plan Ordinance 1315 6. Sanitary Sewer Comprehensive Sewer Plan Resolution 901 7. Shoreline Master Plan Ordinance 898 8. Sidewalk Ordinance Ordinance 1233 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction Ordinance 1250 12. Subdivisions and Plats — TMC Title 17 Ordinance Section 17.01 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan Resolution 917 15. Zoning Code — TMC Title 18 W• 1A/nrri Prnneceinn\(lrAinonnec\T41., Oi _Cn.d...............1 0 CC ,A w Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized 1:o make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 five 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 , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 21-Environmental & SEPA policies strike-thru 4-15-16 ATTACHMENT F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non-commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi -tenant buildings that do not qualify for the Master Sign Program by allowing one additional building -mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on , the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 WHEREAS, on , the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non commercial speech. 43. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 64. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. IAI• %Ainrrl Prnneccinn\llr.1i 65. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 7. Political campaign signs, subject to the limitations of TMC Section 19.24.090. 8. Temporary signs installed at City parks. All signs shall be approved by the 96. Land use notice boards per TMC Section 18.104.110. 407. Text or graphics on umbrellas located in outdoor seating or plaza areas. 4-1-8. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 429. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building -mounted plaque; and b. Each residential property shall be permitted one lour 6-square foot banner or rigid signs that is -are temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6 square feet; and, c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 4310. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 4411. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TMC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City Tight pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under TMC Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission. Section 3. Ordinance No. 2303 §3, as codified at TMC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant anon extension of not more than 30 dayo if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush -mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed live 10 square feet or one-third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones F. Pedestrian Oriented Building -Mounted Signs. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view ini:o the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional Temporary -Special -Event Signage Each business operating within the City shall be permitted one additional temporary signcpecial event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. IA/ • IA/nrrl Drnnnccinnkr% ,r Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use of portable signs is limited to special events such as the holiday shopping Department and/or events at Fort Dent Park. B. The City may approve the use of portable signs for special event: if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet:, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building signs located on the same exposed building face so long as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic area incr ace a billboard provider must provide a total of 28 days of message time for civic events. Emergency alerts shall include those messages necescitating the The rules shall specify requires message duration and length of display for both public c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Biillboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is (located. ,A,,,.,l g. Lighting of billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees, is permitted, provided: 4a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 2b. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. 5e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed. A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has D. All political campaign signagc shall be removed within 14 days following the r 6en:1trels and s the area. No the property owner or his/her agent. H. Campaign signs may not be located within street medians or in right of -way Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 12. 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 13. 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 five days after passage and publication as provided by law. W Wnrrl Prnrcccinn\rlrrlinanroc\Min A 4, 4, PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared March 17, 2016 FILE NUMBERS: L16-0010 Code Amendments E16-0002 SEPA Checklist REQUEST: Public Hearing regarding the proposed housekeeping code changes to the Zoning, Subdivision/Plats, State Environmental Policy Act (SEPA), and Sign Codes. Based on direction from the Planning Commission staff will revise the ordinances and then the Planning Commission's final recommendations will then be forwarded to the City Council for review and adoption. LOCATION: City wide STAFF: Minnie Dhaliwal, Planning Supervisor ATTACHMENTS: A: List of definitions zones associated with an assisted living facility. B. List of uses in different zones that are proposed to be replaced with a matrix C. Title 18 Ordinance along with Exhibit A and B D. Title 17 Ordinance E. Title 21 Ordinance F. Title 19 Ordinance BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Codes together for your consideration. Staff briefed the Community Affairs and Parks Committee on February 22, 2016 and the Committee has sent these to the Planning Commission for review and recommendation. The Council will hold a hearing on the Planning Commission recommended changes and adopt final ordinances. DISCUSSION OF PROPOSED CHANGES A. Proposed Title 18 Zoning Code Changes ,The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi-judicial land use decisions. 4 As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: Goo a. TMC18.70.040 (Non -conforming uses); '5\ b. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Lu Board of Architectural Review)); V'\ (-(, 7,,‘c. 18.100.050 (Preliminary Plats are reviewed by the hearing examiner/Board of Architectural Review instead of City Council); 1 -t d. 18.64 (Conditional Use permits are r viewed9y the hearing examiner instead of the Planning Commission). �,� ?2(,� �2� l7 ) a dd an Assisted Living Facility definition and list it as a permitted/conditional use where convalescent center use is allowe and cons'd�,,,,r assis living facilityseniors, similar to a senior citizen housing. ee Attac mentA for the propo a'd existing definitions and the list of zones where these are permitted. The zoning map can be foundonlineat http://www.tukwilawa.gov/wp-content/uploads/Comp-Plan Zoning- df `v ( v\' Delete the list of permitted uses in each separate zoning district chapter and create a N12 i 0\10 ` new chapter with Zoning Code Use Matrix. See Exhibit A to Title 18 Ordinance for the (\ b V matrix and the existing list of uses that the matrix would replace are attached as i *ti 1 Attachment B. l!5fLvv� Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are \v\ , '\) treated similarly to other automotive services 'Arenas are a permitted use in TUC-TOD; - \ \ Brewery/Taprooms are permitted in TUC-pWPJTownhouses are not limited to four- 1 piexes in HDR. i5'-' `; k (-4 ,.,,,-,- . Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. OL) W\ With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non -conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre-existing buildings that are taller than 45 feet. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. 8. Housin ions Program tl 'ncluded regulations for cottage and c pact single family develo ment expired in 2 08. The propose rdinance.wouid de to Chapter 1 .120 from th�—T�ukwila Municip I Code B. Proposed Title 17 Subdivision and Plat Changes ¶ l 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. C. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. - j , L. 2. Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. $ It 3. Revise the SEPA ordinance to track development proposals in the Tukwila Urban Center. See A Supplemental EIS (SEIS) prepared in 2014 focused on potential impacts associated with increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project -specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. D. Proposed Title 19 Sign Code Changes Se-- 17 ) , / 1 Cp 1. Remove references to political signs and any other content based language in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. 3 1 2. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum otherwise allowed. (5) 3. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. 4. Allow one additional building mounted sign for multi -tenant compllexes which do not qualify for the master sign program. \1A ) 5. Revise maximum size requirements for fuel canopy signs from a maximum of 5 sq. ft. to 10 sq. ft. or one third of the area of the canopy whichever is less. REQUESTED CTI N ) (1() 1=teyte38,Leach,proposed change, hold the public hearing on the proposed changes and make a recommendation to the City Council. 4 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Community Development Director DATE: September 10, 2009 SUBJECT: 2009 Housekeeping Code Amendments ISSUE Should the T wila Munic4pal Code_be amended to include some housekeeping code Chan a sthat r n e from ci5de clarifia a -to uNp atin d� efopm" e regulat ns-and^ f ermt-processes? Lam- 24,-`j , `-ti �i ,\5; --, i✓�,,:.Q,; .tr./.) -- c�,---,- • BACKGROUND g 2oic, Staff had previously briefed Community Affairs and Parks Committee on May 11;-2-009, regarding a number of housekeeping code amendments. The Committee decide t,Q;, ��, ' Z. forward the proposed amendments to Planning Commission for conesiil 3tian snot., , 2, `', PA L review. Planning-Commission►va-s�briefed-on-the-proposed-amendments-on:.lune-25', _ -- 2009'. A-couple-of-additional-items-were-added._to the -list -after --briefing- h4 Committee -on ,lu-y 27, 2Q9 P�annirig Commission held a public hearing on all the proposed changes on August-�27'';-20'10dnd their recommendations are reflected in the attached ordinances 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: 1. Section 1 of the draft Ordinance adds an expiration date to Binding Site Improvement Plans similar to Short Plat or Boundary Line Adjustment applications. 2. Section 2 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 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 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 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. 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 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. 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 INFORMATIONAL MEMO Page 3 more than 50 attendees would require a Conditional Use Permit. Planning Commission agreed with staff's 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. 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 6 of the Ordinance. e) Extended -stay hotels/motels are listed as permitted uses in all zones that currently allow hotels/motels. These changes are reflected in Section 10 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 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; 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. 6. Section 22: This section amends 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. 7. Section 23: This section establishes when a multifamily development in MDR and 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 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 INFORMATIONAL MEMO Page 4 Department to mean the review and recording of zoning compliance as accomplished through the building permit and business license application procedures. 9. Section 25: This section amends 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 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. 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. 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 TU! 9 SIGN AND V S AL COS, R CAll io CODS Chapters: 19.04 General Provisions 19.08 Definitions 19.12 Permits 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.22 Tukwila Urban Center Opt -Out Provision 19.24 Temporary Signs 19.28 Variances 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Conforming Signs in Annexation Areas 19.38 Billboards Figures (located at back of this section): Figure 1 Billboard Receiving Area — North of Boeing Access Road (for illustrative purposes only) Figure 2 Billboard Receiving Area — North of 180th Street (for illustrative purposes only) Figure 3 Sign Height Figure 4 Sign Sight Distance Triangle Sections: 19.04.010 19.04.020 19.04.030 19.04.040 19.04.050 19.04.060 19.04.070 CHAPTER 19.04 GENERAL PROVISIONS Title Intent Liability for Damages Severability Clause Third Party Review and Inspections Substitution Conflict with Other Adopted Environmental Regulations 19.04.010 Title This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." (Ord. 2303 §1, 2010) 19.04.020 Intent The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi -modal environment. (Ord. 2303 §1, 2010) 19.04.030 Liability for Damages Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. (Ord. 2303 §1, 2010) 19.04.040 Severability Clause If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held 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 code or its application to any other person or situation. (Ord. 2303 §1, 2010) 19.04.050 Third Party Review and Inspections A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. (Ord. 2303 §1, 2010) 19.04.060 Substitution Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. (Ord. 2303 §1, 2010) 19.04.070 Conflict with Other Adopted Environmental Regulations Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and/or Shoreline Regulations, the requirements of the Sensitive Area Regulations and/or Shoreline Regulations shall prevail. (Ord. 2303 §1, 2010) Sections: 19.08.010 19.08.020 19.08.030 19.08.040 19.08.050 19.08.055 19.08.060 19.08.065 19.08.067 19.08.069 19.08.070 19.08.072 19.08.074 19.08.076 19.08.080 19.08.082 19.08.084 19.08.090 19.08.091 19.08.092 19.08.094 19.08.100 19.08.110 19.08.120 19.08.130 19.08.140 19.08.142 19.08.144 19.08.145 19.08.150 19.08.155 19.08.160 19.08.162 19.08.165 19.08.170 19.08.180 19.08.185 19.08.190 19.08.195 19.08.200 19.08.210 19.08.215 19.08.220 19.08.225 19.08.230 CHAPTER 19.08 DEFINITIONS Generally Abandoned Sign Awning Awning/Canopy Side Sign Awning/Canopy Sign, Under Awning Face Sign Billboard Building -Mounted Sign Billboard Receiving Areas Billboard Sending Areas Cabinet Sign Canopy Canopy Edge Sign Channel Letters Commercial Real Estate Signs Commercial Zones Corner Projecting Sign Department Digital Billboard Director Dynamic Sign Electronic Sign Exposed Building Face Flush Mounted Building Sign Freestanding Sign Freeway Interchange Sign Fuel Canopy GBCI Height, Freestanding Sign Industrial Zone Institutional Use Landmark Business LEED Master Sign Program Monument Sign Multi -Family Complex Off -Premise Signage Parking Structure Incentive Sign Permanent Sign Pole Banner Portable Sign Projecting Sign Premises Residential Zone Sight Distance Triangle 19.08.235 19.08.240 19.08.245 19.08.247 19.08.250 19.08.260 19.08.265 19.08.270 19.08.280 Sign Sign Area Standard Billboard Tukwila Urban Center Temporary Sign Tukwila International Boulevard Corridor Window Sign Window Sign, Temporary Wireless Communications Facility 19.08.010 Generally As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. (Ord. 2303 §1, 2010) 19.08.020 "Abandoned Sign" Abandoned Sign means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. (Ord. 2303 §2, 2010) 19.08.030 "Awning" Awning means a fabric -covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. (Ord. 2303 §2, 2010) 19.08.040 "Awning/Canopy Side Sign" Awning/Canopy Side Sign means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. (Ord. 2303 §2, 2010) 19.08.050 "Awning/Canopy Sign, Under" Awning/Canopy Sign, Under means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. (Ord. 2303 §2, 2010) 19.08.055 "Awning Face Sign" Awning Face Sign means a sign applied to the main face of an awning, including sloped and vertical surfaces. (Ord. 2303 §2, 2010) 19.08.060 `Billboard" Billboard means an off -premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. (Ord. 2303 §2, 2010) 19.08.065 "Building -Mounted Sign" Building -Mounted Sign means a sign permanently attached to a building and includes flush -mounted signs, awning signs, projecting signs, etc. (Ord. 2303 §2, 2010) 19.08.067 "Billboard Receiving Areas" Billboard Receiving Areas are those areas of the City along South 180th Street zoned as Commercial/Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial/Light Industrial; all properties located along Boeing Access Road; those properties along East Marginal Way, north of Boeing Access Road; and all properties located along Airport Way, north of Boeing Access Road, for which permits for new billboards may be issued if the criteria of this title are satisfied. Attachments A and B, codified in Title 19 as Figures 19-1 and 19-2, are hereby amended. These maps show the billboard receiving areas listed with this definition and are for illustrative purposes only. (Ord. 2375 §1, 2012; Ord. 2303 §2, 2010) 19.08.069 "Billboard Sending Areas" Billboard Sending Areas are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. (Ord. 2303 §2, 2010) 19.08.070 "Cabinet Sign" Cabinet Sign means a geometrically -shaped sign with a translucent face, backlit by an internal Tight source. (Ord. 2303 §2, 2010) 19.08.072 "Canopy" Canopy means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. (Ord. 2303 §2, 2010) 19.08.074 "Canopy Edge Sign" Canopy Edge Sign means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. (Ord. 2303 §2, 2010) 19.08.076 "Channel Letters" Channel Letters mean three-dimensional, individually -cut letters or figures affixed to a structure. (Ord. 2303 §2, 2010) 19.08.080 "Commercial Real Estate Signs" Commercial Real Estate Signs are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. (Ord. 2303 §2, 2010) 19.08.082 "Commercial Zones" Commercial Zones means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/LI, TVS or TSO. (Ord. 2303 §2, 2010) 19.08.084 "Corner Projecting Sign" Corner Projecting Sign means a tall, vertically -oriented sign that projects from a building corner and is structurally integrated into the building. (Ord. 2303 §2, 2010) 19.08.090 "Department" Department means the Department of Community Development or subsequent organizational successor. (Ord. 2303 §2, 2010) 19.08.091 "Digital Billboard" Digital Billboard means an off -premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static !image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. (Ord. 2303 §2, 2010) 19.08.092 `Director" Director means the Director of Community Development or his/her designee. (Ord. 2303 §2, 2010) 19.08.094 "Dynamic Sign" Dynamic Sign is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. (Ord. 2303 §2, 2010) 19.08.100 "Electronic Sign" Electronic Sign means a sign containing a display that can be changed by electrical, electronic or computerized process. (Ord. 2303 §2, 2010) 19.08.110 "Exposed Building Face" Exposed Building Face means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one-half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. (Ord. 2303 §2, 2010) 19.08.120 "Flush Mounted Building Sign" Flush Mounted Building Sign means a sign located on and parallel to a building wall. (Ord. 2303 §2, 2010) 19.08.130 "Freestanding Sign" Freestanding Sign means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. (Ord. 2303 §2, 2010) 19.08.140 "Freeway Interchange Sign" Freeway Interchange Sign means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. (Ord. 2303 §2, 2010) 19.08.142 "Fuel Canopy" Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds that allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure: 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically. (Ord. 2375 §3, 2012) 19.08.144 "GBCI" GBCI means the Green Building Certification Institute or successor entity. (Ord. 2375 §2, 2012) 19.08.145 "Height, Freestanding Sign" Height, Freestanding Sign means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign. See Figure 19- 3. (Ord. 2303 §2, 2010) 19.08.150 "Industrial Zone" Industrial Zone means any area of the City zoned LI, HI, MIC/L or MIC/H. (Ord. 2303 §2, 2010) 19.08.155 "Institutional Use" Institutional Use means any non-residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. (Ord. 2303 §2, 2010) 19.08.160 "Landmark Business" Landmark Business is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. (Ord. 2303 §2, 2010) 19.08.162 "LEED" LEED means the Leadership in Energy and Environmental Design or successor program, as administered by the United States Green Building Council or successor agency. (Ord. 2375 §4, 2012) 19.08.165 "Master Sign Program" Master Sign Program means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. (Ord. 2303 §2, 2010) 19.08.170 "Monument Sign" Monument Sign means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. (Ord. 2303 §2, 2010) 19.08.180 "Multi -Family Complex" Multi -Family Complex means any structure or group of structures within a residential zone that contains at least five dwelling units. (Ord. 2303 §2, 2010) 19.08.185 "Off -Premise Signage" Off -Premise Signage means a permanent sign not located on the premises of the use or activity to which the sign pertains. (Ord. 2303 §2, 2010) 19.08.190 "Parking Structure Incentive Sign" Parking Structure Incentive Sign means a flush -mounted building sign permitted on parking structures and intended for periodic changes in copy. (Ord. 2303 42, 2010) 19.08.195 "Permanent Sign" Permanent Sign means any sign erected without a restriction on the time period allowed for its display as specified in this code. (Ord. 2303 §2, 2010) 19.08.200 "Pole Banner" Pole Banner means a fabric banner sign attached to a street or parking lot Tight pole. (Ord. 2303 §2, 2010) 19.08.210 "Portable Sign" Portable Sign means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. (Ord. 2303 §2, 2010) 19.08.215 "Projecting Sign" Projecting Sign means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. (Ord. 2303 §2, 2010) 19.08.220 Premises" Premises means one or more contiguous lots of record not separated by right-of-way and owned or managed by the same individual or entity. (Ord. 2303 §2, 2010) 19.08.225 "Residential Zone" Residential Zone means any area of the City zoned LDR, MDR or HDR. (Ord. 2303 §2, 2010) 19.08.230 "Sight Distance Triangle" Sight Distance Triangle. See Figure 19-4 (Ord. 2303 §2, 2010) 19.08.235 `Sign" Sign means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A -boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. (Ord. 2303 §2, 2010) 19.08.240 "Sign Area" Sign Area means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, frwinfknr with anti frame nr n+hmr ma+crial nr nnlnr fnrminn an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three- cGmensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. (Ord. 2303 §2, 2010) 19.08.245 "Standard Billboard" Standard Billboard means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. (Ord. 2303 §2, 2010) 19.08.247 "Tukwila Urban Center" Tukwila Urban Center is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the Department of Community Development. (Ord. 2303 §2, 2010) 19.08.250 "Temporary Sign" Temporary Sign is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. (Ord. 2303 §2, 2010) 119.08.260 "Tukwila International Boulevard Corridor" Tukwila International Boulevard Corridor means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18-9. (Ord. 2303 §2, 2010) 19.08.265 "Window Sign" Window Sign is a sign applied to a window or mounted or suspended directly behind a window. (Ord. 2303 §2, 2010) 19.08.270 "Window Sign, Temporary" Window Sign, Temporary is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. (Ord. 2303 §2, 2010) 19.08.280 "Wireless Communications Facility" Wireless Communications Facility means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. /r1..d 74AQ ,CO 7A1A1 Sections: 19.12.010 19.12.020 19.12.030 19.12.040 19.12.050 19.12.060 19.12.070 19.12.080 19.12.090 19.12.100 19.12.110 19.12.120 19.12.130 19.12.140 19.12.150 19.12.160 19.12.170 19.12.180 CHAPTER 19.12 PERMITS Administration Sign Permits Required Exceptions - Sign Permits Not Required. Prohibited Signs and Devices Party of Record Notice of Complete Application Notice of Application Notice of Hearing Notice of Decision Time Periods for Permit Issuance Date of Decision Appeals Notice of Appeals Dismissal of Untimely Appeals Sign Permit Expiration for Permanent Signs Sign Code Interpretation Sign Code Violations Business License and Affidavit Requirement 19.12.010 Administration The Director of Community Development (hereinafter "Director") or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. (Ord. 2303 §3, 2010) 19.12.020 Sign Permits Required A. A sign discernible from any public right-of-way, adjacent premise or an adjacent off -site business shall not be erected, re -erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. (Ord. 2303 §3, 2010) 19.12.030 Exceptions —Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non- commercial speech. 4. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 5. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 6. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 7. Political campaign signs, subject to the limitations of TMC Section 19.24.090. 8. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 9. Land use notice boards per TMC Section 18.104.110. 10. Text or graphics on umbrellas located in outdoor seating or plaza areas. 11. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 12. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building- mounted plaque; and b. Each residential property shall be permitted one 6-square-foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 13. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 14. Banners within the City's right-of-way, located on City -owned light poles, City -owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. (Ord. 2469 §1, 2015; Ord. 2375 §5, 2012; Ord. 2303 §3, 2010) 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic 4 ontrol device. 3. Any sign, symbol, object or device located within ity or State rights -of -way or City easement without City . and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind -animated objects, balloons and similar devices except as provided under Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. (Ord. 2303 §3, 2010) / 19.12.050 Party -of -Record Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party -of -record. The applicant shall always be considered a party -of -record. (Ord. 2303 §3, 2010) 19.12.060 Notice of Complete Application A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28-day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14-day period that the application is incomplete. D. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. E. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. F. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the 'proposed project. (Ord. 2303 §3, 2010) 19.12.070 Notice of Application A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of -record. B. A Notice of Application shall be issued by the De- partment within 14 days following the Department's de- termination that the application is complete. C. All required Notices of Application shall contain: 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 sign(s), 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 site plan; 5. a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing com- ments, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email 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; 7. the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21 C 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. F. Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party -of -record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. (Ord. 2303 §3, 2010) 19.12.080 Notice of Hearing A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of -record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3. a description of the sign(s), 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; 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; 7. the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party -of -record may request and the City shall honor any request to only receive notification via U.S. mail. (Ord. 2303 §3, 2010) 19.12.090 Notice of Decision The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any. Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of -record. (Ord. 2303 §3, 2010) 19.12.100 Time Periods for Permit Issuance A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department fiat the application is complete. The following periods shall be excluded from this 120-day period: 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity. 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D. A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120-day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. (Ord. 2303 §3, 2010) 19.12.110 Date of Decision All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. (Ord. 2303 §3, 2010) 19.12.120 Appeals All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed -record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. (Ord. 2303 §3, 2010) 19.12.130 Notice of Appeals A. Every Notice of Appeal shall contain: 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being ap- pealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. (Ord. 2303 §3, 2010) 19.12.140 Dismissal of Untimely Appeals On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. (Ord. 2303 §3, 2010) 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. (Ord. 2303 §3, 2010) '19.12.160 Sign Code Interpretation A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19.12.120 and 19.12.130. (Ord. 2303 §3, 2010) 19.12.170 Sign Code Violations A. It is the responsibility of a property owner and/or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation and shall be subject to the issuance of fines of not more than $500 per day per violation. B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and/or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right-of-way, easements under City control or property owned and/or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right-of- way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50-per-sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten-day period has expired, the City shall have the right to dispose of the signs. D. Any violation of this code shall be considered a public nuisance. (Ord. 2303 §3, 2010) 19.12.180 Business License and Affidavit Require- ment A. Any sign contractor who does business within the City must first obtain a business license from the City. As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically: 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non -Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45. The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. (Ord. 2303 §3, 2010) CHAPTER 19.16 CONSTRUCTION, MAINTENANCE AND REMOVAL OF SIGNS Sections: 19.16.010 19.16.020 19.16.030 19.16.040 19.16.050 19.16.060 Construction Structural Review Required Inspections for Permanent Signs Maintenance Removal of Abandoned Signs Immediate Removal, Public Safety 19.16.010 Construction A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. (Ord. 2303 §4, 2010) 19.16.020 Structural Review The City's Building Official may require that proposed building -mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building -mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. (Ord. 2303 §4, 2010) 19.16.030 Required Inspections for Permanent Signs A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building -mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete (Ord. 2303 §4, 2010) 19.16.040 Maintenance All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be imminent threat to public safety or damage to adjacent replaced in accordance with the original permit unless the sign structures. is non -conforming, per Chapter 19.36. (Ord. 2303 §4, 2010) 3. All lighting shall be maintained in good working order with no broken or burned- out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building -mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall) be no evidence that a sign was located on the building. (Ord. 2303 §4, 2010) 19.16.050 Removal of Abandoned Signs A. The Director shall order the removal of any sign that is abandoned as defined by TIC Section 19.08.020. The particular mitigation measures shall be based on the circumstances outlined below: 1. Non -conforming Freestanding Sign. In the event that a non -conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non -conforming Building -Mounted Sign. In the event that a non -conforming building -mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building -Mounted Sign. In the event that a conforming building -mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building -mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. (Ord. 2303 §4, 2010) 19.16.060 Immediate Removal, Public Safety The Director shall order the immediate removal of any sign or sign support structure that in his/her opinion poses an CHAPTER 19.20 PERMANENT SIGNS Sections: 19.20.010 Intent 19.20.020 Permanent Sign Application Materials 19.20.030 Permanent Signs in Residential Zones 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones 19.20.060 Pole Banners 19.20.070 Dynamic Displays in Commercial/Industrial Zones 19.20.010 Intent The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on - premise businesses, products and uses. (Ord. 2303 §5, 2010) 19.20.020 Permanent Sign Application Materials All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building -mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building -mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building - mounted signs. 9. If freestanding signs are proposed, the scaled 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. (Ord. 2303 §5, 2010) 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and mufti -family complexes are allowed one flush -mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to be 35 square feet per face and a total of 70 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D). The lighting shall have no spillover impact on adjacent properties. 7. A monument sign permitted under this section is permitted to complete refaces, panel changes and copy changes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. d. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. C. Flush -Mounted Building Signs (Wall Signs) - Design Standards. 1. The maximum area of any flush -mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush -mounted building sign be greater than 50 square feet. 2. Lighting for flush -mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones. 1. One monument sign per premise, as permitted under Section 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to 10PM. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed 3-foot candle above ambient light conditions, measured 100 feet from the face. 2. Notice of Understanding. The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he/she understands and agrees to abide by the above requirements. (Ord. 2375 §6, 2012; Ord. 2303 §5, 2010) 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free-standing monument -style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1 below. Table 1— Design Standards for Permanent Monument signs in commerciai ana maustnai cones Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side/108 square feet total 6 feet One 400-599 feet 50 square feet per side/100 square feet total 70 square feet per side/140 square feet total 7 feet One 600-799 feet 60 square feet per side/120 square feet total 80 square feet per side/160 square feet total 7 feet One 800-999 feet 66 square feet per side/132 square feet total 88 square feet per side/176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side/144 square feet total 96 square feet per side/192 square feet total 8 feet One for every 400 feet of linear street frontage. a. Allowable sign message area is either the face panel of the sign or, for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. c. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to have a sign message area increase and total size area increase of one percent. 2. Special Corner Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 5. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 6. A monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC Section 19.20.040 (6)(a). c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. d. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. (Ord. 2375 §7, 2012; Ord. 2303 §5, 2010) 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. In the MIC/H zone no more than one flush mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 -1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 -100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed five square feet; illumination of the sign is permitted. B. Awning Face Sign. An awning face sign may be substituted for a flush -mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush -mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be con- structed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building - mounted sign when the following standards are met: 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground -floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the Sinn Pxt.nd havnnd the sir1Pwalk which it nvarhannc 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right- of-way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign. In order to foster an urban - style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of build- ings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right-of-way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bot- tom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical dis- plays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projecting sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two-thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian -Oriented Building -Mounted Signs. The signs listed under this section are allowed in addition to the building -mounted signs permitted under Section 19.20.050.A through E. 1. Under-Awning/Canopy Sign. a. Under-awning/canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right-of-way over which it projects. 2. Awning/Canopy Side Sign. a. Only awnings/canopies that are over exterior public entrances are permitted signs. b. Only one awning/canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of letter- ing, not to exceed two-thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right-of-way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent win- dow signs. c. No more than ten percent of the total ground - floor transparent -window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary win- dow signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area be- tween the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in `Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." G. Parking Garage Incentives. The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above -ground parking levels. 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally -illuminated cabinet signs are not permitted. 5. Each sign may be a maximum of 288 square 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one-half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7. A maximum of two parking structure incentive signs are allowed per parking structure wall. (Ord. 2409 §1, 2013; Ord. 2375 §8, 2012; Ord. 2303 §5, 2010) 19.20.060 Pole Banners A. Pole banners are permitted in the Tukwila Urban Center zone and on properties that contain a Public Recreation Overlay as defined by Title 18 of the Tukwila Municipal Code. B. Pole banners may only be attached to parking lot Tight poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is 10 square feet, with a limit of 2 banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. (Ord. 2375 §9, 2012; Ord. 2303 §5, 2010) 19.20.070 Dynamic Displays in Commercial/Industrial Zones Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. (Ord. 2303 §5, 2010) feet in area. CHAPTER 19.22 TUKWILA URBAN CENTER OPT -OUT PROVISIONS Sections: 19.22.010 19.22.020 19.22.025 19.22.027 19.22.030 19.22.035 19.22.040 Purpose Opt -out Permitted Other Chapters Remain in Force Permanent Sign Application Materials Allowable Signage Dynamic Signs Right to Opt -Back In 19.22.010 Purpose The Tukwila Urban Center defined in TMC Section 19.08.247 is an area of existing development that due to its high traffic counts and auto -oriented property configuration is well served by the historical sign regulations. This chapter establishes an "opt -out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC Chapter 19.20. (Ord. 2303 §6, 2010) 19.22.020 Opt -out Permitted A. A property owner within the Tukwila Urban Center (TUC) may choose to "opt out" of the requirements found in Chapter 19.20 of this Title if the following criteria are met: 1. The property owner of record must submit a letter to the Director of DCD notifying the City of the property owner's intent to "opt -out" of Chapter 19.20 within one year of the effective date of this Title, with copies of the opt out letter provided to all tenants on the premise. 2. The letter must include a map identifying all parcels included in the "opt -out" request and verifying that the premise is located within the TUC. 3. An "opt -out" request will apply to all buildings, tenants and signs on a premise. 4. The letter must be accompanied by the fee established in the most current fee schedule. B. Upon receipt of the letter, the Director of Community Development shall confirm receipt and issue a determination regarding whether the property meets the opt -out criteria listed above. (Ord. 2303 §6, 2010) 19.22.025 Other Chapters Remain in Force A decision to opt out as permitted by TMC Section 19.22.020 is only from Chapter 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of Chapter 19.20 are ineligible to participate in the Master Sign Program found in Chapter 19.32 unless the property owner chooses to opt back in pursuant to TMC Section 19.22.040. (Ord. 2303 §6, 2010) 19.22.027 Permanent Sign Application Materials All applications to install a permanent sign or other visual communication device under this chapter shall include the following: 1. Three copies of a completed and signed application form provided by the City noting that the sign is proposed on an "opt -out" premise. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building -mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If wall signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Method of illumination, if proposed. 6. Method of support and attachment for wall signs. 7. If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 8. Structural calculations, if required per Section 19.16.020. 9. Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. 11. Valid Tukwila business license number for the sign contractor, if applicable. (Ord. 2303 §6, 2010) 19.22.030 Allowable Signage A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs. Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. Table 1— Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0-500 EBF x .05 or 20 square feet 501-1,500 (EBF-500) x .04 + 25 square feet 1,501-3,000 (EBF-1,500) x .03 + 65 square feet 3,001-5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for the sign. c. Only one permanent wall sign is permitted per tenant space per exposed building face. 2. Freestanding Signs. One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. The site is occupied by at least two tenants. 3. Development Standards for Freestanding Signs. The following development standards shall apply to freestanding signs permitted under TMC Section 19.22.030 (B): a. Area of Sign. Street Frontage Sign Area/Sign Up to 200 feet 50 sq ft. with a total of 100 sq ft. for all sides. 200 to 400 feet. 75 sq. ft. with a total of 150 sq. ft. for all sides. Over 400 feet. 100 sq. ft. with a total of 200 sq ft. for all sides. b. Height. Any permitted freestanding sign shall be not taller than the building it identifies up to a maximum height of 35 feet. c. Setback. AIR freestanding signs shall be set back from all property lines a distance equal to the height of the sign. d. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. (Ord. 2303 §6, 2010) 19.22.035 Dynamic Signs Properties that choose to opt out of the provisions of TMC Chapter 19.20 are prohibited from having any sign which may be considered a dynamic sign. (Ord. 2303 §6, 2010) 19.22.040 Right to Opt -Back In A property owner that previously chose to opt out under TMC Section 19.22.020 may choose to opt back in to the signs permitted under TMC Chapter 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back in to TMC Chapter 19,20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform to the requirements of TMC Chapter 19.20 and either modify or remove them within 30 days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC Chapter 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. (Ord. 2303 §6, 2010) CHAPTER 19.24 TEMPORARY SIGNS Sections: 19.24.010 Purpose 19.24.020 Application Materials for Temporary and Special Event Sign Permits 19.24.030 Temporary Signs in Residential Zones 19.24.040 Temporary Signs in Commercial and Industrial Zones 19.24.050 General Provisions for all Temporary Signs 19.24.060 Special Event Signage 19.24.070 Portable Signs 19.24.080 Temporary Window Signs 19.24.090 Political Campaign Signs 19.24.010 Purpose Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. (Ord. 2303 §7, 2010) 19.24.020 Application Materials for Temporary and Special Event Sign Permits All applications to install a temporary sign or other visual communication device shall include: 1. Two copies of a completed and signed application form provided by the City; 2. Two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. Two copies of an elevation of the building wall showing placement of the sign if a building -mounted sign is proposed; 5. Length of proposed display; and 6. Fee, as established in the most current fee schedule. (Ord. 2303 §7, 2010) 19.24.030 Temporary Signs in Residential Zones In addition to the signage permitted under Section 19.12.030, institutional and multi -family uses are permitted the following temporary signage: 1. Each institutional use and multi -family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi -family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. (Ord. 2303 §7, 2010) 19.24.040 Temporary Signs in Commercial and Industrial Zones A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. (Ord. 2303 §7, 2010) 19.24.050 General Provisions for all Temporary Signs A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. (Ord. 2303 §7, 2010) 19.24.060 Special Event Signage Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. /Orel 01111 R7 7/l1/11 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and/or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. (Ord. 2303 §7, 2010) 19.24.080 Temporary Window Signs A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent -window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. (Ord. 2303 §7, 2010) 19.24.090 Political Campaign Signs A. Political campaign signs do not require sign permits. B. Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D. All political campaign signage shall be removed within 14 days following the general election. If a run-off election for a candidate or initiative is required, the signs may remain until 14 days following the run-off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his/her agent. F. Campaign signs are in addition to any sign permitted under TMC Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs may not be located on real property owned and/or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right-of-way areas not maintained by an adjacent property owner. (Ord. 2303 §7, 2010) CHAPTER 19.28 VARIANCES Sections: 19.28.010 Variance Process 19.28.020 Sign Variance Application 19.28.030 Variance Criteria 19.28.040 Variance Not Permitted 19.28.010 Variance Process Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court. (Ord. 2303 §8, 2010) 19.28.020 Sign Variance Application Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building -mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building -mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. (Ord. 2303 §8, 2010) 19.28.030 Variance Criteria The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and/or Shoreline Master Program. 7. Granting of the variance shall result in greater convenience to the public in identifying the business location for which a Sign Code variance is sought. (Ord. 2303 §8, 2010) 19.28.040 Variance Not Permitted In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. (Ord. 2303 §8, 2010) CHAPTER 19.32 MASTER SIGN PROGRAM Sections: 19.32.010 Intent of Master Sign Program 19.32.020 Eligibility 19.32.030 Process 19.32.040 Criteria 19.32.050 Master Sign Program Application Materials 19.32.060 Allowable Modifications Under a Master Sign Program 19.32.070 Existing Signs Not Conforming to a Master Sign Program 19.32.075 Copy and Refaces of Monument and Grand Monument Signs 19.32.080 Regional Gateway Sign 19.32.090 Binding Effect 19.32.010 Intent of Master Sign Program The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on -premise businesses, products and uses. (Ord. 2303 §9, 2010) 19.32.020 Eligibility Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. (Ord. 2303 §9, 2010) 19.32.030 Process Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.060.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.060.B, will be reviewed by the Board of Architectural Review. Amendments to previously -approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. (Ord. 2303 §9, 2010) 19.32.040 Criteria A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night-time environment if the site is in a commercial zone. 5. No sign -related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non -conforming signs on the premise within three years from the date of Master Sign Program approval. (Ord. 2303 §9, 2010) 19.32.050 Master Sign Program Application Materials Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building -mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building -mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter. 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand -monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. (Ord. 2303 §9, 2010) 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush - mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. B. In addition to the above -listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval: 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally -integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 3. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush -mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. (Ord. 2303 §9, 2010) 19.32.070 Existing Signs Not Conforming to a Master Sign Program Any new or amended Master Sign Program shall include the removal of any existing, non -conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. (Ord. 2303 §9, 2010) 19.32.075 Copy and Refaces of Monument and Grand Monument Signs Approved under this Chapter A monument sign or grand monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: 1. The monument sign or grand monument sign was authorized by the City under a permit issued on or after August 24, 2010. 2. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC Section 19.32.075 (1). 3. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument or grand monument sign's location. 4. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. (Ord. 2375 §10, 2012) 19.32.080 Regional Gateway Sign In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. (Ord. 2303 §9, 2010) 19.32.090 Binding Effect After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. (Ord. 2303 §9, 2010) CHAPTER 19.36 NON -CONFORMING PROVISIONS Sections: 19.36.010 Purpose 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code 19.36.040 Non -Conforming Sign Permits 19.36.050 Existing Freeway Interchange Signs 19.36.060 Non -Conforming Temporary Signs 19.36.070 Additional Signage Prohibited 19.32.080 Financial Incentives — Tukwila International Boulevard Corridor 19.36.010 Purpose The purpose of this chapter is to establish limits on the use of and requirements for the removal of non -conforming signs. Subject to the remaining restrictions of this chapter, non -conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. (Ord. 2303 §10, 2010) 19.36.020 Definition and Removal of Legally Non - Conforming Permanent Signs A. All permanent signs that do not conform to the specific standards of this code may be considered legally non- conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non- conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non -conforming upon adoption of this code, may be issued a non -conforming sign permit that will allow them to remain for 10 years from the effective date of this ordinance. This shall be known as "the grace period." This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non -conforming sign permit will be issued for work covered under this section_ Permanent sinns and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re -erection, alteration, replacement or change in any way to a legal, non -conforming sign, including the structure or sign panel/face/copy, will require the sign be brought into compliance with this code. (Ord. 2303 §10, 2010) 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code Permanent signs that did not comply with the City's Sign Code as of August 2010, as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non -conforming sign permit and is able to demonstrate the signs were legally conforming at the time of installation and that any modifications made to the sign complied with the City's Sign Code regulations at the time of the modification. Any change to the structure or sign panel/face/copy or any relocation, re - erection, alteration, replacement or change in any way to a sign covered under this section will require the sign be brought into compliance with this Code (Ord. 2303 §10, 2010) 19.36.040 Non -Conforming Sign Permits A. Non -conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this code. Upon determination that a sign is non -conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. Whether the sign is non -conforming or illegal. 2. Whether the sign may be eligible for a non- conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non -conforming Sign Permits. 1. Eligibility. A non -conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non -conforming sign permit is required for all eligible non -conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications. Applications for a non -conforming user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non -conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility. The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with Section 19.12.120. C. Loss of Legal Non -conforming Status. Non- conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non -conforming sign permit is required but not obtained within 180 days of notice of non-conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non -conforming building -mounted signs on the premise affected by the construction and all non -conforming free-standing signs lose their non -conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non -conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. (Ord. 2303 §10, 2010) 19.36.050 Existing Freeway Interchange Signs Existing signs classified as freeway interchange signs un- der the previous Sign Code are permitted a five year grace period starting from the effective date of Ordinance No. 2303 (August 24, 2010). During the grace period, freeway interchange signs may be enlarged to a maximum of 125 square feet per side, 250 square feet total, be refaced and have copy changes provided the height and location of the sign remain unchanged. Relocation or re -erection of the sign is not permitted. Application for a sign permit is required for all sign face, area or copy changes to a freeway interchange sign. After the grace period has terminated the sign is permitted to remain as -is indefinitely; however, compliance with the Sign Code is triggered by any relocation, re -erection, alteration, replacement or change in any way to the structure or sign panel/face/copy. Ordinary maintenance and repair of a sign shall be permitted without loss of non -conforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. (Ord. 2444 § 1, 2014; Ord. 2303 §10, 2010) 19.36.060 Non -Conforming Temporary Signs A. Non -conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. B. Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. (Ord. 2303 §10, 2010) 19.36.070 Additional Signage Prohibited No additional permanent building -mounted signage is permitted on a tenant space that contains a non -conforming building -mounted sign. No additional permanent free- standing signs are permitted on a premises that contains a non -conforming freestanding sign other than a sign that was classified as "freeway interchange" under the previous Sign Code. (Ord. 2444 §2, 2014; Ord. 2303 §10, 2010) 19.36.080 Financial Incentives — Tukwila International Boulevard Corridor In order to assist with the removal of non -conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be re- viewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18-9. b. Removal of non -conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non -conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. (Ord. 2303 §10, 2010)