HomeMy WebLinkAboutCOW 2024-08-12 COMPLETE AGENDA PACKETTukwila City
Council Agenda
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'**' COMMITTEE
Thomas McLeod, Mayor Councilmembers: + De'Sean Quinn ❖ Tosh Sharp
Marty Wine, City Administrator ❖ Armen Papyan ❖ Jovita McConnell
Mohamed Abdi, Council President ❖ Dennis Martinez ❖ Hannah Hedrick
ON -SITE PRESENCE:
TUKWILA CITY HALL
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Monday, August 12, 2024; 7:00 PM • Ord #2733 • Res #2098
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS
including comment
on items both on and
not on the meeting agenda
Those wishing to provide public comments may verbally address the City Council
on -site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
both
date.
Please clearly indicate that your message is for public comment during the meeting,
and you will receive further instructions.
4. SPECIAL ISSUES
a. An ordinance approving a franchise agreement with Wholesail
Networks.
b. Contract for middle housing code analysis and development
services
c. Ordinance streamlining the permitting process and
implementing the provisions of SB5290
(1) Title 8, Public Peace, Morals and Safety
(2) Title 16, Buildings and Construction
(3) Title 17, Subdivisions and Plats
(4) Title 18, Zoning
(5) Title 19, Sign and Visual Communications Code
(6) Title 21, Environmental Regulations
d. Resolution amending the Land Use Fees Schedule
Pg.1
Pg.51
Pg.67
Pg.493
(continued...)
REGULAR MEETING
August 5, 2024
Page 2
5. REPORTS
a. Mayor
b. City Council
c. Staff
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO CLOSED SESSION
RemoteTukwila
•:• CLOSED SESSION •:•
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WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
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attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
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. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. City staff shall speak first and be allowed 15 minutes to make a presentation.
3. The applicant is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After City staff and the applicant have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
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8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/12/24
ESC
08/19/24
ESC
ITEM INFORMATION
ITEM NO.
4.A.
STAFF SPONSOR: ERIC COMPTON
ORIGINAL AGENDA DATE: 08/12/24
AGENDA ITEM TITLE Franchise Agreement with Wholesail Networks
CATEGORY ® Discussion
Mt t Date 8/12/24
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date 08/19/24
❑ Bid Award
Alltg Date
❑ Public Hearing
Mtg Date
❑ Other
AItg Date
SPONSOR ❑ Council ❑ Mayor ®Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Wholesail Networks, doing business as Ziply Fiber, is a local internet service provider
looking to expand their footprint across Washington. Wholesail has inherited existing
network infrastructure via acquisitions and so has not had a previous Franchise Agreement
with the City. Council is being asked to approve the ordinance for the franchise agreement
which will allow Wholesail/Ziply to continue to develop their infrastructure and expand
their service in Tukwila.
REVIEWED BY
® Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 7/22/24 COMMITTEE CHAIR: ARMEN PAPYAN
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$o
AMOUNT BUDGETED
$o
APPROPRIATION REQUIRED
$o
Fund Source: No FUNDING REQUIRED
Comments: Under the terms of the Franchise, Wholesail is required to pay a $5000 administrative fee
MTG. DATE
RECORD OF COUNCIL ACTION
8/12/24
8/19/24
MTG. DATE
ATTACHMENTS
8/12/24
Informational Memorandum dated 7/3/24
Draft Ordinance
7/22 T&I Minutes
8/19/24
1
2
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation & Infrastructure Committee
FROM: Joel Bush, Chief Information Officer
BY: Eric Compton, Franchise Analyst
CC: Thomas McLeod
DATE: 07/03/2024
SUBJECT: Franchise Agreement with Wholesail Networks
ISSUE
Approve and ordinance granting Wholesail Networks a Franchise Agreement with a term of five
(5) years.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits.
DISCUSSION
Wholesail Networks, doing business as Ziply Fiber, is a local internet service provider providing
competition to incumbent providers like Century Link and Comcast. They do not have a
consumer presence in the City yet but they are looking to expand their coverage. They also
provide back -haul services to connect regions across the northwest. Wholesail is seeking to
upgrade the infrastructure they have in place, as well as expand into the consumer market in
Tukwila.
FINANCIAL IMPACT
Under the terms of the Franchise, Wholesail is required to pay the City a $5000 administrative
fee.
RECOMMENDATION
Council is being asked to approve the Ordinance granting Wholesail Networks a Franchise
Agreement and forward this item to the consent agenda at the August 05, 2024 Regular Council
Meeting.
ATTACHMENTS
Wholesail Networks Franchise Agreement
3
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING TO WHOLESAIL
NETWORKS, LLC, AND ITS AFFILIATES, SUCCESSORS,
AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY
AND NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
MAINTAIN, OPERATE, REPLACE, AND REPAIR A
TELECOMMUNICATIONS NETWORK IN, ACROSS, OVER,
ALONG, UNDER, THROUGH AND BELOW CERTAIN
DESIGNATED PUBLIC RIGHTS -OF -WAY IN THE CITY OF
TUKWILA; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Wholesail Networks, LLC (the "Franchisee" or "Wholesail") has requested
that the City Council grant a nonexclusive franchise (this "Franchise") for purposes of
operating and maintaining a telecommunications network; and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the Tukwila Municipal Code requires persons who are seeking to operate
and maintain wireline telecommunications facilities in City rights -of -way to obtain a
franchise to do so; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a wireline
franchise subject to certain terms and conditions, which are acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Franchise. The franchise agreement, attached and incorporated herein
as Attachment A, is hereby approved and adopted by the Tukwila City Council. The term
of the franchise shall be for five (5) years, commencing on the date the last party executes
the franchise.
2024 Legislation: Wholesail Networks Franchise Agreement
Version: 07/05/2024
Staff: E. Compton
Page 1 of 2
5
Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1. shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to
this Ordinance shall not become effective until its terms and conditions are accepted by
Wholesail Networks, LLC. Such acceptance shall contain any required letter of credit,
evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and
shall be filed with the City Clerk within sixty (60) days after the effective date of this
Ordinance. Such instrument shall conform substantially to Attachment B, and evidence
the unconditional acceptance of the terms hereof and a promise to comply with and abide
by the provisions, terms and conditions hereof.
Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force 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 , 2024
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Attachment A — Wholesail Networks, LLC, Franchise Agreement
Attachment B — Wholesail Networks, LLC, Statement of Acceptance
2024 Legislation: Wholesail Networks Franchise Agreement
Version: 07/05/2024
Staff: E. Compton
Page 2of2
6
ATTACHMENT A
[See attached.]
7
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
WHOLESAIL NETWORKS, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter ("the City") and Wholesail Networks, who
is hereinafter known as (the "Franchisee"). The City and Franchisee are sometimes
referred to hereinafter collectively as the "parties."
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Franchisee
a non-exclusive franchise (the "Franchise") under the terms and conditions contained in
this franchise ordinance (the "Franchise Ordinance").
Section 1.2. This Franchise grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, acquire, sell, lease and use all necessary
Facilities for a telecommunications network, in, under, on, across, over, through, along or
below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to
City permits issued pursuant to this Franchise and in accordance with all applicable
federal, state, and local codes.
(a) "Facilities" as used in this Franchise means one or more elements of
Franchisee's telecommunications network, with all necessary cables, wires,
conduits, ducts, pedestals, antennas, electronics, and other necessary
appurtenances; provided that placement by Franchisee of new utility poles is
specifically excluded unless otherwise specifically approved by the City.
Equipment enclosures with air conditioning or other noise generating equipment
are also excluded from "Facilities," to the extent such equipment is located in
zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as
defined by RCW 80.36.375, and "macrocell" facilities, including towers and new
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Page 1 of 45
base stations and other similar facilities (except for fiber optic cables) used for the
provision of "personal wireless services" as defined by RCW 80.36.375.
(b) Public "Rights -of -Way" means land acquired or dedicated to the public or
that is hereafter dedicated to the public and maintained under public authority,
including, but not limited to, public streets or roads, highways, avenues, lanes,
alleys, bridges, sidewalks, utility easements and similar public property located
within the franchise area but does not include: State highways; land dedicated for
road, streets, highways not opened and not improved for motor vehicle use by the
public; structures including poles and conduits located within the right-of-way;
federally granted trust lands or forest board trust lands; lands owned or managed
by the State Parks and Recreation Commission; federally granted railroad rights -
of -way acquired under 43 USC § 912 and related provisions of federal law that are
not open for vehicular use; or leasehold or City -owned property to which the City
holds fee title or other title and which is utilized for park, utility or a governmental
or proprietary use (for example, buildings, other City -owned physical facilities,
parks, poles, conduits, fixtures, real property or property rights owned or leased by
the City not reserved for transportation purposes).
Section 2. Authority Limited to Occupation of the Public Rights -of -Way
Section 2.1. The authority granted pursuant to this Franchise is a limited
authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise
Area"). No right to install any facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right -of -Way, or upon private property
without the owner's consent, or upon any public or privately owned utility poles or conduits
is granted herein. Franchisee hereby represents that it expects to provide the following
services within the City: high speed data and fiber optic services, internet protocol -based
services, internet access services, conduit and dark fiber leasing, telephone, exchange
access service, data transport and other telecommunications and information services
(the "Services"). Nothing contained herein shall be construed to grant or convey any right,
title, or interest in the Rights -of -Way of the City to the Franchisee other than for the
purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way
Page 2 of 45
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as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47
U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an
amendment to this Franchise approved by the City Council.
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of
any one or more Franchise Facilities will be subject to all applicable provisions of Title 11
TMC, including, but not limited to, the City's Infrastructure, Design, and Construction
Standards, adopted by the City's Public Works Department of Public Works, the terms
and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms
and conditions of City building permits issued pursuant to Title 16 TMC, and all other
applicable laws, rules and regulations.
Section 2.3. Upon sixty (60) days' written notice to the City, Franchisee shall have
the right to offer or provide capacity or bandwidth to its customers consistent with this
Franchise, provided:
(a) Franchisee at all times retains exclusive ownership over its
telecommunications system, Facilities and Services and remains responsible for
constructing, installing, and maintaining its Facilities pursuant to the terms and
conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater
than any rights Franchisee has pursuant to this Franchise, provided that leases or
other commercial arrangements for the use of the Facilities installed pursuant to
this Franchise may extend beyond the term of the Franchise;
(c) Such customer or lessee shall not be construed to be a third -party
beneficiary under this Franchise; and
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, unless such rights are
otherwise granted by the City.
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Page 3 of 45
Section 3. Non -Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express
condition and understanding that it shall be a non-exclusive Franchise which shall not in
any manner prevent or hinder the City from granting to other parties, at other times and
under such terms and conditions as the City, in its sole discretion, may deem appropriate,
other franchises or similar use rights in, on, to, across, over, upon, along, under or through
any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or
prohibit the City from using any of the roads, Public Rights -of -Way or other public
properties covered or affected by this Franchise, nor shall this Franchise affect the City's
jurisdiction, authority or power over any of them, in whole or in part. The City expressly
retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the
roads, Public Rights -of -Way or other public properties covered or affected by the
Franchise as the City may, in its sole and absolute discretion, deem fit, including the
dedication, establishment, maintenance and/or improvement of new Public Rights -of -
Way, thoroughfares and other public properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be for a period of five (5) years
(the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until
the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term
Expiration Date"), unless earlier terminated, revoked or modified pursuant to the
provisions of this Franchise.
Section 4.2. The Franchise granted by this Ordinance shall automatically renew
on the fifth anniversary of the Effective Date with the same terms and conditions as set
forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and,
together with the Initial Term, the "Term"), unless either party provides one hundred
twenty (120) days written notice to the other party to request an amendment to the
Franchise.
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Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a telecommunications network, consisting
of Facilities within the City. Franchisee may locate its Facilities anywhere within the
Franchise Area consistent with the City's Infrastructure, Design and Construction
standards and the Tukwila Municipal Code and subject to the City's applicable permit
requirements. Franchisee shall not commence any construction or other similar work
within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has
been issued by the City pursuant to Title 11 TMC for a site -specific location or installation,
including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building
permit authorizing such work has been issued by the City.
Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are
part of the state highway system ("State Highways"), are considered managed access by
the City and are governed by the provisions of Chapter 47.24 RCW and applicable
Washington State Department of Transportation (WSDOT) regulations, Franchisee shall
comply fully with said requirements in addition to local ordinances and other applicable
regulations. Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within
State Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or
exceeds applicable WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any
condition of this Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice,
it will promptly, at its sole cost and expense, protect, support, temporarily disconnect,
relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities
when so required by the City due to any of the following reasons: (i) traffic conditions,
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(ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or
improvement thereof, (iv) widening and/or improvement of existing rights -of -way,
(v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road
grade, or (viii) the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity; PROVIDED that the Franchisee
shall generally have the privilege to temporarily bypass, in the authorized portion of the
same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this
Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right -
of -Way, regardless of whether the Franchisee Facility at issue was originally placed in
such location under the authority of an easement or other property interest prior to the
property becoming a Public Right -of -Way. For the avoidance of doubt, such projects shall
include any Right -of -Way improvement project, even if the project entails, in part, related
work funded and/or performed by or for a third party, provided that such work is performed
for the public benefit, and not primarily for the benefit of a private entity, and shall not
include, without limitation, any other improvements or repairs undertaken by or for the
sole benefit of third party private entities. Collectively all such projects described in this
Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law,
the costs and expenses associated with relocations or disconnections ordered pursuant
to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise
shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted
by RCW 35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of
City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and
expense, to locate and, if reasonably determined necessary by the City, to excavate and
expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection
so that the location of the facilities may be taken into account in the Public Project design;
PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee
Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee
Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined
by the Public Works Director to be inadequate for the City's planning purposes. The
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decision to require relocation of any Franchisee Facilities in order to accommodate Public
Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs
in performing any maintenance, operation, or improvement of or to public facilities due to
measures taken by the City to avoid damaging or to otherwise accommodate one or more
Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such
additional costs promptly upon receiving the City's invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person
or entity (including, without limitation, any condition or requirement imposed pursuant to
any contract or in conjunction with approvals for permits for zoning, land use, construction
or development) which reasonably necessitates the relocation of any Franchisee
Facilities shall constitute a required relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the
relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a
date by which the relocation shall be completed (the "Relocation Date") consistent with
RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with
Franchisee and consider the extent of facilities to be relocated, the services requirements,
and the construction sequence for the relocation, within the City's overall project
construction sequence and constraints, to safely complete the relocation, and the City
shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation
Date. Franchisee shall complete the relocation by the Relocation Date, unless the City
or a reviewing court establishes a later date for completion, as described in RCW
35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project.
After receipt of the written notice containing the Relocation Date, Franchisee shall
relocate such facilities to accommodate the Public Project consistent with the timeline
provided by the City and at no charge or expense to the City. Such timeline may be
extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed
above and to the City's satisfaction, the City may cause such work to be done and bill the
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cost of the work to Franchisee, including all costs and expenses incurred by the City due
to Franchisee's delay. In such event, the City shall not be liable for any damage to any
portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of
those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely
relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment,
and that delay results in any delay damage accrued by or against the City, Franchisee
will be liable for all documented costs of construction delays attributable to Franchisee's
failure to timely act. Franchisee reserves the right to challenge any determination by the
City of costs for construction delays related to an alleged failure to act in accordance with
this Section 6.5.
Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs
of defending the City, in accordance with the provisions of Section 19. against any and
all claims, suits, actions, damages, or liabilities for delays on City construction projects
caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in
a timely manner; provided, that Franchisee shall not be responsible for damages due to
delays caused by circumstances beyond the control of Franchisee or the negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or
welfare, or in the event of an emergency beyond the control of the City which will result
in severe financial consequences to the City, which necessitates the relocation of
Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period
specified by the City.
Section 6.8. The provisions of this Section 6. shall in no manner preclude or
restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than
the City, where the facilities to be constructed by said person or entity are not or will not
become City -owned, operated, or maintained facilities, provided that such arrangements
do not unduly delay a City construction project.
Section 6.9. Whenever any person shall have obtained permission from the City
to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty
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(30) days' written notice from the City, shall raise, remove, or relocate to another part of
the Right -of -Way, at the expense of the person desiring to move the building, any of
Franchisee's Facilities that may obstruct the removal of such building.
Section 6.10. The provisions of this Section 6. shall survive the expiration,
revocation, abandonment or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights -of -Way.
Section 7. Undergrounding of Facilities.
Section 7.1. Except as specifically authorized by permit of the City, Franchisee
shall not be permitted to erect poles. All Facilities shall be installed underground.
Franchisee acknowledges and agrees that if the City does not require the undergrounding
of its Facilities at the time of permit application, the City may, at any time in the future,
require the conversion of Franchisee's aerial facilities to underground installation at
Franchisee's expense; provided that the City requires all other wireline utilities, except
electrical utilities, with aerial facilities in the area to convert such facilities to underground
installation at the same time. Unless otherwise permitted by the City, Franchisee shall
underground its Facilities in all new developments and subdivisions, and any
development or subdivision where all utilities, other than electrical utilities, are currently
underground.
Section 7.2. Whenever the City may require the undergrounding of the aerial
utilities (other than electrical utilities and personal wireless services facilities) in any area
of the City, Franchisee shall underground its aerial facilities in the manner specified by
the City, concurrently with and in the area of the other affected utilities. The location of
any such relocated and underground utilities shall be approved by the City. Where other
utilities are present and involved in the undergrounding project, Franchisee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Franchisee's own Facilities. "Common
costs" shall include necessary costs not specifically attributable to the undergrounding of
any particular facility, such as costs for common trenching and utility vaults. "Fair share"
shall be determined for a project on the basis of the number and size of Franchisee's
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Facilities being undergrounded in comparison to the total number and size of all other
utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless
services facilities, Franchisee shall adhere to the design standards for such personal
wireless services facilities, and shall underground its Facilities and/or place its Facilities
within the pole as may be required by such design standards. For the purposes of clarity,
this Section 7.3 does not require undergrounding or interior placement of Facilities within
the pole to the extent that the personal wireless services facilities are located on utility
poles that have pre-existing aerial wireline facilities and provided such construction of
Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2.
Section 7.4. Franchisee shall not remove any underground cable or conduit that
requires trenching or other opening of the Rights -of -Way along the extension of cable to
be removed, except as provided in this Section 7.4. Franchisee may remove any
underground cable and other related facilities from the Right -of -Way that has been
installed in such a manner that it can be removed without trenching or other opening of
the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by
the City. Franchisee may remove any underground cable from the Rights -of -Way where
reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to
Section 6. When the City determines, in the City's sole discretion, that Franchisee's
underground Facilities must be removed in order to eliminate or prevent a hazardous
condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and
expense. Franchisee must apply and receive a permit, pursuant to Section 9. , prior to
any such removal of underground cable, conduit and other related facilities from the
Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access
to open utility trenches, provided that such access does not interfere with the other party's
placement of utilities or increase such party's actual costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open
trench, including without limitation the pro rata share of the costs to access the open
trench and any costs associated with the delay of the completion of a public works project.
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The City shall pay to the Franchisee the incremental costs of providing such access to
the open trench.
Section 7.6. The provisions of this Section 7. shall survive the expiration,
revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall
be construed as requiring the City to pay any costs of undergrounding any of the
Franchisee's Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee's Facilities
located in or under any street endangers the property, life, health or safety of any person,
or if Franchisee's construction area is otherwise in such a condition as to immediately
endanger the property, life, health or safety of any individual, Franchisee shall
immediately take the proper emergency measures to repair its Facilities, to cure or
remedy the dangerous conditions for the protection of property, life, health or safety of
individuals without first applying for and obtaining a permit as required by this Franchise.
However, this shall not relieve Franchisee from the requirement of obtaining any permits
necessary for this purpose, and Franchisee shall apply for all such permits not later than
the next succeeding day during which the Tukwila City Hall is open for business. The City
retains the right and privilege to cut or move any Facilities located within the Rights -of -
Way of the City, in response to any public health or safety emergency and Franchisee
shall be liable to the City for the costs thereof.
Section 8.2. The City shall not be liable for any damage to or loss of Facilities
within the Rights -of -Way as a result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights -
of -Way by or on behalf of the City, except to the extent directly and proximately caused
by sole negligence, intentional misconduct or criminal actions of the City, its employees,
contractors, or agents. The City shall further not be liable to Franchisee for any direct,
indirect, or any other such damages suffered by any person or entity of any type as a
direct or indirect result of the City's actions under this Section 8. except to the extent
caused by the sole negligence, intentional misconduct or criminal actions of the City, its
employees, contractors, or agents.
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Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially
contributed to a condition that appears to substantially impair the lateral support of the
adjoining street or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's
own expense, to take reasonable action to protect the public, adjacent public places, City
property or street utilities, and such action may include compliance within a prescribed
time. In the event that Franchisee fails or refuses to promptly take the actions directed
by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely contact Franchisee to request
Franchisee effect the immediate repair, the City may enter upon the property and take
such reasonable actions as are necessary to protect the public, the adjacent streets, or
street utilities, or to maintain the lateral support thereof, or reasonable actions regarded
as necessary safety precautions, and Franchisee shall be liable to the City for the costs
thereof.
Section 9. Work in the Rights -of -Way.
Section 9.1. During any period of relocation, construction or maintenance, all
work performed by Franchisee or its contractors shall be accomplished in a safe and
workmanlike manner, so to minimize interference with the free passage of traffic and the
free use of adjoining property, whether public or private. Franchisee shall at all times post
and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members of the general public and comply with all applicable
safety regulations during such period of construction as required by the ordinances of the
City or the laws of the State of Washington, including RCW 39.04.180 for the construction
of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way
for the purpose of excavation, installation, construction, repair, maintenance, or relocation
of its cable or equipment, it shall apply to the City for a permit to do so and, in addition,
shall give the City at least ten (10) working days prior notice (except in the case of an
emergency) of its intent to commence work in the Rights -of -Way. The City shall only
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issue permits that are in compliance with the TMC and the City's generally applicable
design standards. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by
the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications. In no case shall any work commence within any Rights -of -
Way without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any
area covered by this Franchise and as described in this Section 9.3, the Franchisee shall
afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee
causing the excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section 9.4. Except for emergency situations, Franchisee shall give at least
seven (7) days' prior notice of intended construction to residents in the affected area prior
to any underground construction or disturbance. Such notice shall contain the dates,
contact number, nature and location of the work to be performed. At least twenty-four
(24) hours prior to entering private property or streets or public easements adjacent to or
on such private property, Franchisee shall physically post a notice on the property
indicating the nature and location of the work to be performed. Door hangers are
permissible methods of notifications to residents. Franchisee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as
possible to its condition prior to construction, except for any change in condition not
caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements
on private property caused by Franchisee's work shall, at the sole expense of Franchisee,
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be promptly repaired and restored to the reasonable satisfaction of the property
owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right
to enter onto private property without the permission of such private property owner, or
as otherwise authorized by applicable law.
Section 9.5. Upon receipt of a permit (except in emergency situations),
Franchisee may trim trees upon and overhanging on public ways, streets, alleys,
sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee's Facilities. The right to trim trees in this Section
9.5 shall only apply to the extent necessary to protect above ground Facilities.
Franchisee's tree trimming activities shall protect the appearance, integrity, and health of
the trees to the extent reasonably possible. Franchisee shall be responsible for all debris
removal from such activities. All trimming shall be at the expense of Franchisee.
Franchisee may contract for such services, however, any firm or individual so retained
must first receive City approval prior to commencing such trimming. Nothing herein
grants Franchisee any authority to act on behalf of the City, to enter upon any private
property, or to trim any tree or natural growth not owned by the City except to the extent
it is necessary that Franchisee trims trees or vegetation upon, overhanging, or
encroaching on public ways, streets, alleys, sidewalks, and other public places of the City
so as to prevent such vegetation from coming in contact with Franchisee's Facilities.
Franchisee shall be solely responsible and liable for any damage to any third parties'
trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify,
defend and hold harmless the City from third -party claims of any nature arising out of any
act or negligence of Franchisee with regard to tree and/or natural growth trimming,
damage, and/or removal. Franchisee shall reasonably compensate the City or the
property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction
of an arborist certified by the International Society of Arboriculture, unless otherwise
approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and
users of the Rights -of -Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights -of -Way. All construction locations, activities,
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and schedules shall be coordinated, as ordered by the City to minimize public
inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -
of -Way and provide the City with an opportunity to request that Franchisee provide the
City with additional duct or conduit and related structures necessary to access the conduit
pursuant to RCW 35.99.070 and TMC 11.32.090(C)(1).
Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall
follow established procedures, including contacting the Utility Notification Center in
Washington and comply with all applicable State statutes regarding the One Call Locator
Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the
City, Franchisee shall locate its Facilities consistent with the requirements of Chapter
19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or
for interruptions in service to Franchisee's customers that are a direct result of
Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines
established by the One Call Locator Service regardless of whether the City issued a
permit.
Section 9.9. The provisions of this Section 9. shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 10. Restoration.
Section 10.1. Franchisee shall, after installation, construction, relocation,
maintenance, or repair of its Facilities, or after abandonment approved pursuant to
Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the
surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in
immediately prior to any such installation, construction, relocation, maintenance or repair,
provided Franchisee shall not be responsible for any changes to the Rights -of -Way not
caused by Franchisee. The Public Works Director or designee shall have final approval
of the condition of such Rights -of -Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored
pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
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specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area
at its sole cost and expense and according to the time and terms specified in the
construction permit issued by the City. All work by Franchisee pursuant to this Franchise
shall be performed in accordance with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required
under Section 10. impracticable, Franchisee shall temporarily restore the affected Right -
of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and
expense. Franchisee shall promptly undertake and complete the required permanent
restoration when conditions no longer make such permanent restoration impracticable.
Section 10.4. In the event Franchisee does not repair a Right -of -Way or an
improvement in or to a Right -of -Way within the time reasonably directed to by the Public
Works Director, or designee, the City may repair the damage and shall be reimbursed its
actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance
with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section
14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete such repairs
shall be considered a breach of this Franchise and is subject to remedies by the City
including the imposition of damages consistent with Section 24. .
Section 10.5. The provisions of this Section 10. shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry -standard methods for preventing failures and
accidents that are likely to cause damage, injuries, or nuisances to the public. All
structures and all lines, equipment, and connections in, over, under, and upon the Rights -
of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, State, and City safety requirements,
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rules, regulations, laws, and practices, and employ all necessary devices as required by
applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also
comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration
(OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general
right to inspect the Facilities to evaluate if they are constructed and maintained in a safe
condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist,
and becomes known to the City, the City agrees to give Franchisee written notice of such
condition and afford Franchisee a reasonable opportunity to repair the same. If
Franchisee fails to start to make the necessary repairs and alterations within the time
frame specified in such notice (and pursue such cure to completion), then the City may
make such repairs or contract for them to be made. All costs, including administrative
costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee
and reimbursed to the City pursuant to Section 14.3 and Section 14.4.
Section 11.3. Additional safety standards include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities in
an orderly manner, including, but not limited to, the removal of all bundles of
unused cable on any aerial facilities.
(b) All installations of equipment, lines, and ancillary facilities shall be installed
in accordance with industry -standard engineering practices and shall comply with
all federal, State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights -of -Way or other public places
made by Franchisee in the course of its operations shall be protected by
Franchisee at all times by the placement of adequate barriers, fences, or boarding,
the bounds of which, during periods of dusk and darkness, shall be clearly marked
and visible.
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Section 11.4. Stop Work Order. On notice from the City that any work is being
performed contrary to the provisions of this Franchise, or in an unsafe or dangerous
manner as determined by the City, or in violation of the terms of any applicable permit,
laws, regulations, ordinances, or standards, the work may immediately be stopped by the
City. The stop work order shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions, consistent with the applicable laws, regulations,
ordinances or generally applicable standards under which work may be resumed.
Section 12. Work of Contractors and Subcontractors.
Section 12.1. Franchisee's contractors and subcontractors shall be licensed and
bonded in accordance with State law and the City's ordinances, regulations, and
requirements. Work by contractors and subcontractors are subject to the same
restrictions, limitations, and conditions as if the work were performed by Franchisee.
Franchisee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this
Franchise and applicable law.
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of
substantial completion of any construction project involving a Public Right -of -Way,
provide to the City, at no cost to the City, accurate copies of as -built plans and maps
stamped and signed by a professional land surveyor or engineer in a form and content
acceptable to the Public Works Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works
Director, the Franchisee shall furnish the City with information sufficient to demonstrate:
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(1) that the Franchisee has complied with all applicable requirements of this Franchise;
and (2) that all taxes, including but not limited to sales, utility and/or telecommunications
taxes, due the City in connection with the Franchisee's services and Facilities provided
by the Franchisee have been properly collected and paid by the Franchisee.
Section 13.3. Books, records, maps, and other documents maintained by
Franchisee with respect to its Facilities within the Rights -of -Way and which are
reasonably necessary to demonstrate compliance with the terms of this Franchise, shall,
after reasonable prior notice from the City, be made available for inspection by the City
at reasonable times and intervals but no more than one time each calendar year or upon
the City's reasonable belief that there has been a violation of this Franchise by
Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to
require Franchisee to violate state or federal law regarding customer privacy, nor shall
this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature. Unless
otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall
be construed as permission to withhold relevant customer data from the City that the City
requests in conjunction with a tax audit or review; provided, however, Franchisee may
redact identifying information such as names, street addresses (excluding City and zip
code), Social Security Numbers, or Employer Identification Numbers related to any
confidentiality agreements Franchisee has with third parties.
Section 13.4. Franchisee shall not be required to disclose information that it
reasonably deems to be proprietary or confidential in nature; provided, however,
Franchisee shall disclose such information to comply with a utility tax audit, or in the event
the City is permitted to charge franchise fees as further described in Section 15.1, or as
otherwise required in this Franchise. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential, trade secret, or proprietary, and shall
provide a brief written explanation as to why such information is confidential and how it
may be treated as such under State or federal law. In the event that the City receives a
public records request under Chapter 42.56 RCW or similar law for the disclosure of
information Franchisee has designated as confidential, trade secret, or proprietary, the
City shall promptly provide written notice of such disclosure so that Franchisee may take
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appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City
from complying with Chapter 42.56 RCW or any other applicable law or court order
requiring the release of public records, and the City shall not be liable to Franchisee for
compliance with any law or court order requiring the release of public records. The City
shall comply with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court overturns
such injunction or court order and such higher court action is or has become final and
non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed
for failure to disclose such records as required hereunder within sixty (60) days of a
request from the City.
Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City
shall have the right to conduct an independent audit of Franchisee's records reasonably
related to the administration or enforcement of this Franchise and the collection of utility
taxes, in accordance with GAAP. If the audit shows that tax payments have been
underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit.
Section 14. Costs and Fees.
Section 14.1. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this
Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal
costs incurred in drafting and processing this Franchise, not to exceed $5,000. No
construction permits shall be issued for the installation of Facilities authorized until such
time as the City has received payment of this fee; further, this Franchise shall be
considered void if the fee is not paid within ninety (90) days of receipt of the invoice.
Franchisee shall further be subject to all permit fees associated with activities undertaken
through the authority granted in this Franchise or under the laws of the City. Where the
City incurs costs and expenses for review, inspection, or supervision of activities,
including but not limited to reasonable fees associated with attorneys, consultants, City
Staff and City Attorney time, undertaken through the authority granted in this Franchise
or any ordinances relating to the subject for which a permit fee is not established,
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Franchisee shall pay such costs and expenses directly to the City in accordance with the
provisions of Section 14.3.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the
City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee's Facilities, to the extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within
sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs,
itemized by project, for Franchisee's proportionate share of all actual, identified expenses
incurred by the City in planning, constructing, installing, repairing, altering, or maintaining
any City facility as the result of the presence of Franchisee's Facilities in the Right -of -
Way. Such costs and expenses shall include but not be limited to Franchisee's
proportionate cost of City personnel assigned to oversee or engage in any work in the
Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way.
Such costs and expenses shall also include Franchisee's proportionate share of any time
spent reviewing construction plans in order to either accomplish the relocation or rerouting
of Franchisee's Facilities for any City public works project.
Section 14.4. The time of City employees shall be charged at their respective rate
of salary, including overtime if applicable, plus benefits and reasonable overhead. Any
other costs will be billed proportionately on an actual cost basis. All billings will be
itemized so as to specifically identify the costs and expenses for each project for which
the City claims reimbursement. A charge for the actual costs incurred in preparing the
billing may also be included in said billing. Billing will be made on a monthly basis.
Section 15. City's Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized
under this Franchise are those of a telephone business as defined in RCW 82.16.010, or
service provider as defined in RCW 35.21.860. As a result, the City will not impose a
Franchise fee under the terms of this Franchise, other than as described herein. The City
hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's
operations as authorized by this Franchise change such that the statutory prohibitions of
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RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees
are removed. In either instance, the City also reserves its right to require that Franchisee
obtain a separate Franchise for its change in use. Nothing contained herein shall
preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that its operation with the City
constitutes a telecommunications business subject to the utility tax imposed pursuant to
the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business
activities are subject to taxation as a telephone business and that Franchisee shall pay
to the City the rate applicable to such taxable services under TMC Chapter 3.50, and
consistent with state and federal law. The parties agree however, that nothing in this
Franchise shall limit the City's power of taxation as may exist now or as later imposed by
the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as
may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify
or expand the taxes and fees that may be lawfully assessed on Franchisee's Services.
Section 16. Police Powers and City Ordinances.
Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the
City's ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of the Franchise granted by this Franchise Ordinance,
including, but not limited to, any valid ordinance made in the exercise of the City's police
powers in the interest of public safety and for the welfare of the public. The City shall
have the authority at all times to control by appropriate regulations, including design
standards and utility accommodation policies, the location, elevation, manner of
construction, and maintenance of any Franchisee Facilities located within any Public
Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly
conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law or be deemed discriminative under the
Telecommunication Act of 1996. In the event of a conflict between the regulatory
provisions of this Franchise Ordinance and any other ordinance(s) enacted under the
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City's police power authority, such other ordinance(s) shall take precedence over the
regulatory provisions set forth herein.
Section 17. Limitation of City's Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on
the part of the City, its elected and appointed officials, officers, employees, and agents
for any injury or damage from the failure of the Franchisee to comply with the provisions
of this Franchise Ordinance; by reason of any plan, schedule or specification review,
inspection, notice and order, permission, or other approval or consent by the City; for any
action or inaction thereof authorized or done in connection with the implementation or
enforcement of the Franchise by the City; or for the accuracy of plans submitted to the
City.
Section 18. Compliance with All Applicable Laws.
Section 18.1. Each party agrees to comply with all present and future federal, state
and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive
any rights they may have under any such laws, rules or regulations. This Franchise is
subject to ordinances of general applicability enacted pursuant to the City's police powers.
Franchisee further agrees to remove all liens and encumbrances arising as a result of
said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner reasonably suitable to the City. Additionally,
Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious
or offensive nature or which would create a hazard or undue vibration, heat, noise or any
interference with City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City ordinance enacted pursuant to such federal or state statute or
regulation when such statute, regulation, or ordinance necessitates this Franchise be
amended in order to remain in compliance with applicable laws, but only upon providing
Franchisee with thirty (30) days written notice of its action setting forth the full text of the
amendment and identifying the statute, regulation, or ordinance requiring the amendment.
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Said amendment shall become automatically effective upon expiration of the notice period
unless, before expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either
party may pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors from any and all claims, costs, judgments,
awards, or liability to any person, for injury or death of any person, or damage to property
caused by or arising out of any acts or omissions of Franchisee, its agents, servants,
officers, or employees in the performance of this Franchise and any rights granted within
this Franchise.
Section 19.2. Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance
by Franchisee of any of its obligations under this Section 19. . These indemnification
obligations shall extend to claims that are not reduced to a suit and any claims that may
be compromised, with Franchisee's prior written consent, prior to the culmination of any
litigation or the institution of any litigation.
Section 19.3. The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee indemnify the City. Franchisee may choose counsel to
defend the City subject to this Section 19.3. City's failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have,
except to the extent that such failure prejudices Franchisee's ability to defend such claim
or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim,
as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter), to have been a wrongful refusal on the
part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of
the action, including all expert witness fees, costs, and attorney's fees, and including
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costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict
of interest between the City and the counsel selected by Franchisee to represent the City,
then upon the prior written approval and consent of Franchisee, which shall not be
unreasonably withheld, the City shall have the right to employ separate counsel in any
action or proceeding and to participate in the investigation and defense thereof, and
Franchisee shall pay the reasonable fees and expenses of such separate counsel, except
that Franchisee shall not be required to pay the fees and expenses of separate counsel
on behalf of the City for the City to bring or pursue any counterclaims or interpleader
action, equitable relief, restraining order or injunction. The City's fees and expenses shall
include all out-of-pocket expenses, such as consultants and expert witness fees, and shall
also include the reasonable value of any services rendered by the counsel retained by
the City but shall not include outside attorneys' fees for services that are unnecessarily
duplicative of services provided the City by Franchisee. Each party agrees to cooperate
and to cause its employees and agents to cooperate with the other party in the defense
of any such claim and the relevant records of each party shall be available to the other
party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to
RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, its officers, officials, employees, and volunteers,
Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further
specifically and expressly understood that the indemnification provided constitutes
Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19. ,
Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and
upon City -owned property from activities conducted by the City, its officers, agents,
employees, volunteers, elected and appointed officials, and contractors, except to the
extent any such damage or destruction is caused by or arises from any sole negligence,
intentional misconduct or criminal actions on the part of the City, its officers, agents,
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employees, volunteers, or elected or appointed officials, or contractors. In no event shall
the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive
damages, including by way of example and not limitation lost profits, lost revenue, loss of
goodwill, or loss of business opportunity in connection with its performance or failure to
perform under this Franchise. Franchisee releases and waives any and all such claims
against the City, its officers, agents, employees, volunteers, or elected or appointed
officials, or contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited to, business
interruption damages, lost profits and consequential damages, brought by or under users
of Franchisee's Facilities as the result of any interruption of service due to damage or
destruction of Franchisee's Facilities caused by or arising out of activities conducted by
the City, its officers, agents, employees or contractors except to the extent any such
damage or destruction is caused by or arises from the sole negligence or intentional
misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19. shall survive the expiration,
revocation, termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the
Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against
claims for injuries to persons or damage to property which may arise from or in connection
with the Franchise and use of the rights -of -way.
(a) No Limitation. Franchisee's maintenance of insurance as required
by the Franchise shall not be construed to limit the liability of Franchisee to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of
the types and coverage described below:
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(i) Commercial General Liability insurance shall be at least as
broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products -completed operations,
personal injury and advertising injury, and contractual liability arising out of "insured
contract" as defined in the ISO CG 00 01. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall be named as
an additional insured under Franchisee's Commercial General Liability insurance policy
with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07
04, or substitute endorsement providing at least as broad coverage.
(ii) Business Automobile Liability insurance covering all owned,
non -owned, hired and leased vehicles. Coverage shall be at least as broad as
Insurance Services Office (ISO) form CA 00 01.
(iii) Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution conditions that
arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily
injury, property damage, cleanup costs and defense, including costs and expenses
incurred in the investigation, defense, or settlement of claims.
(iv) Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
(v) Excess or Umbrella Liability insurance shall be excess over
Franchisee's Commercial General Liability and Automobile Liability insurance. The City
shall be named as an additional insured on the Contractor's Excess or Umbrella Liability
insurance policy.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the
following insurance limits:
(i) Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Business Automobile Liability insurance with a minimum
combined single limit for bodily injury and property damage of $5,000,000 per accident.
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(iii) Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000.
(iv) Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or
Umbrella Liability requirement and limits may be satisfied instead through Franchisee's
Commercial General Liability and Business Automobile Liability insurance, or any
combination thereof that achieves the overall required limits.
(d) Other Insurance Provisions. Franchisee's Commercial General
Liability, Business Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that they
shall be primary insurance as respect the City. Any insurance, self-insurance, or self -
insured pool coverage maintained by the City shall be excess of Franchisee's insurance
and shall not contribute with it.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
(f) Verification of Coverage. Franchisee shall furnish the City with
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Franchise. Upon request by the City, Franchisee shall furnish certified copies of all
required insurance policies, including endorsements, required in this Franchise and
evidence of all subcontractors' coverage.
(g) Subcontractors. Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of Franchisee -provided insurance as set forth herein, except Franchisee
shall have sole responsibility for determining the limits of coverage required to be
obtained by Subcontractors.
(h) Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such notice.
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(i) Failure to Maintain Insurance. Failure on the part of Franchisee to
maintain the insurance as required shall constitute a material breach of Franchise, upon
which the City may, after giving five business days' notice to Franchisee to correct the
breach, terminate the Franchise or, at its discretion, procure or renew such insurance and
pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand.
(j) City Full Availability of Franchisee Limits. If Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
Franchisee, irrespective of whether such limits maintained by Franchisee are greater than
those required by this Franchise or whether any certificate of insurance furnished to the
City evidences limits of liability lower than those maintained by Franchisee.
(k) Franchisee — Self -Insurance. If Franchisee is self -insured or
becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent
entity shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee's or its parent company's most recent audited financial statements, if such
financial statements are not otherwise publicly available; (ii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iii)
Franchisee assumes all defense and indemnity obligations as outlined in Section 19.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities
and if required by the City, Franchisee shall furnish a performance bond ("Performance
Bond") written by a corporate surety reasonably acceptable to the City in an amount equal
to 150% of the construction cost, which should not be less than $2,000. The amount of
the Performance Bond may be reduced during construction as determined by the City.
The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical
codes, and standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights -of -Way and other City properties affected by the construction;
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(5) submission of as -built drawings after completion of construction; and (6) timely
payment and satisfaction of all claims, demands, or liens for labor, materials, or services
provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction,
including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as -built drawings, and the posting of a Maintenance Bond as
described in Section 21.2.
Section 21.2. Maintenance Bond. Following excavation, installation, construction,
restoration or relocation of the Facilities and if required by the City, Franchisee shall
furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety
acceptable to the City, at the time of final acceptance of construction work on Facilities
within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent
(10%) of the documented final cost of the construction work. The Maintenance Bond in
this Section 21.2 must be in place prior to City's release of the bond required by Section
21.1.
Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the
amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or
renewable for the term of this Franchise, in a form and substance reasonably acceptable
to City. In the event Franchisee shall fail to substantially comply with any one or more of
the provisions of this Franchise following notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and the bond any
actual damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of facilities hereinabove described. Franchisee
specifically agrees that its failure to comply with the terms of this Section 20.1 shall
constitute a material breach of this Franchise. The amount of the bond shall not be
construed to limit Franchisee's liability or to limit the City's recourse to any remedy to
which the City is otherwise entitled at law or in equity.
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Section 22. Abandonment of Franchisee's Facilities.
Section 22.1. Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way
within thirty (30) days of receiving written notice from the Public Works Director or
designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without
written approval by the City. Any plan for abandonment or removal of Franchisee's
Facilities must be first approved by the Public Works Director or designee, and all
necessary permits must be obtained prior to such work. Franchisee shall restore the
Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior
to any such removal provided Franchisee shall not be responsible for any changes to the
Right -of -Way not caused by Franchisee or any person doing work for Franchisee.
Franchisee shall be solely responsible for all costs associated with removing its Facilities.
Section 22.2. Notwithstanding Section 22.1 above, the City may permit
Franchisee's improvements to be abandoned in place in such a manner as the City may
prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer
ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and
instruments for transferring ownership to the City.
Section 22.3. Any Facilities which are not removed within one hundred twenty
(120) days of either the date of termination or revocation or the date the City issued a
permit authorizing removal, whichever is later, shall automatically become the property of
the City. Any costs incurred by the City in safeguarding such Facilities or removing the
Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22.
shall prevent the City from compelling Franchisee to remove any such Facilities through
judicial action when the City has not permitted Franchisee to abandon said Facilities in
place.
Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord
and such landlord later replaces, removes or relocates the structure, for example by
building a replacement structure, Franchisee shall remove or relocate its Facilities within
the Right -of -Way within ninety (90) days of such notification from the landlord at no cost
to the City.
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Section 22.5. The provisions of this Section 22. shall survive the expiration,
revocation, abandonment, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights -of -Way.
Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the
provisions of this Franchise, or through willful misconduct or gross negligence fails to
heed or comply with any notice given Franchisee by the City under the provisions of this
Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all
rights conferred hereunder and this Franchise may be revoked or annulled by the Council
after a hearing held upon notice to Franchisee.
Section 23.2. Such hearing shall be open to the public and Franchisee and other
interested parties may offer written and/or oral evidence explaining or mitigating such
alleged noncompliance. This hearing does not give the right to either the City or
Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty
(30) days after the hearing, the Tukwila City Council, on the basis of the record and TMC
11.32.120(2), will make the determination as to whether there is cause for revocation,
whether the Franchise will be terminated, or whether lesser sanctions should otherwise
be imposed. The Tukwila City Council may in its sole discretion fix an additional time
period to cure violations. If the deficiency has not been cured at the expiration of any
additional time period or if the Tukwila City Council does not grant any additional period,
the Tukwila City Council may by resolution declare the Franchise to be revoked and
forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination,
such revocation may be held in abeyance pending judicial review by a court of competent
jurisdiction, provided Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having jurisdiction
compelling Franchisee to comply with the provisions of the Franchise and to recover
damages and costs incurred by the City by reason of Franchisee's failure to comply. In
addition to any other remedy provided herein, the City reserves the right to pursue any
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remedy to compel or force Franchisee and/or its successors and assigns to comply with
the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
In addition to any other remedy provided in this Franchise, Franchisee reserves the right
to pursue any remedy available at law or in equity to compel or require the City, its officers,
employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remedies provided herein shall be in
addition to and cumulative with any and all other rights and remedies available to either
the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise
of one or more rights or remedies shall not be deemed a waiver of the right to exercise at
the same time or thereafter any other right or remedy. Provided, further, that by entering
into this Franchise, it is not the intention of the City or Franchisee to waive any other
rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and
nothing contained here shall be deemed or construed to effect any such waiver. The
parties agree that in the event a party obtains injunctive relief, neither party shall be
required to post a bond or other security and the parties agree not to seek the imposition
of such a requirement.
Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply
with any of the provisions of this Franchise, or should it fail to heed or comply with any
notice given to such party under the provisions of this Franchise, the other party (the
"Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying
with reasonable particularity the nature of any such breach and the Defaulting Party shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days
of receipt of notification. If the parties reasonably determine the breach cannot be cured
within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and
condition the extension of time on the Defaulting Party's submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty (30)
day cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Defaulting Party does not comply with the specified
conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity
as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
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commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise
with no further notification pursuant to this Section 24. , (2) refuse to grant additional
permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the
Franchisee or Franchise Bond set forth in Section 21.3.
Section 25. Non -Waiver.
Section 25.1. The failure of either party to insist upon strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein
conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such covenants, agreements or option or any other covenants,
agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the
Franchisee shall execute and return to the City its execution and acceptance of this
Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall
submit proof of insurance obtained and additional insured endorsement pursuant to
Section 20. , any applicable construction Performance Bond pursuant to Section 21.1,
the Franchise Bond required pursuant to Section 21.3, and the administrative fee
pursuant to Section 14.1.
Section 27. Survival.
Section 27.1. All of the provisions, conditions, and requirements of Section 6. ,
Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section
32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all
other obligations and liabilities Franchisee may have to the City at common law, by
statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of
the Franchise Area, and any renewals or extensions thereof. All of the provisions,
conditions, regulations and requirements contained in this Franchise shall further be
binding upon the heirs, successors, executors, administrators, legal representatives and
assigns of Franchisee and all privileges, as well as all obligations and liabilities of
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Franchisee shall inure to its heirs, successors and assigns equally as if they were
specifically mentioned where Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred,
or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by
operation of law or otherwise, unless prior written consent is provided to the City within
sixty (60) days following the assignment. In the case of transfer or assignment as security
by mortgage or other security instrument in whole or in part to secure indebtedness, such
notice shall not be required unless and until the secured party elects to realize upon the
collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise
shall be deemed to occur based on the public trading of Franchisee's stock; provided,
however, any tender offer, merger, or similar transaction resulting in a change of control
shall be subject to the provisions of this Franchise. In the event that a transfer,
assignment, or disposal of Franchisee's ownership is approved by the Washington
Utilities and Transportation Commission ("WUTC"), the City will be deemed to have
consented to such transfer. Grantee will provide City with a copy of any such approval.
Section 28.2. Any transactions which singularly or collectively result in a change of
50% or more of the (i) ownership or working control (for example, management of
Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or
working control of the Franchisee's Telecommunications facilities within the City; or (iii)
control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within
the City, shall be considered an assignment or transfer requiring notice to the City pursuant
to this Franchise. Such transactions between affiliated entities are not exempt from notice
requirements. A Franchisee shall notify the City of any proposed change in, or transfer of,
or acquisition by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
Section 29. Entire Agreement.
Section 29.1. This Franchise constitutes the entire understanding and agreement
between the parties as to the subject matter herein and no other agreements or
{EFM4895-9658-9257;1/13175.000042/}
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Page 35 of 45
understandings, written or otherwise, shall be binding upon the parties upon execution of
this Franchise.
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully
terminated or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month -to -month
basis, provided that Franchisee maintains insurance for such Facilities during such
period and continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee's sole
cost and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchise shall not preclude the City from
acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee's Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this
Franchise.
Section 32. Vacation.
Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the
area affected by this Franchise, the City shall not be liable for any damages or loss to the
Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion
of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant
easement for Franchisee within the vacated portion of the Right -of -Way within which
Franchisee may continue to operate existing Facilities under the terms of this Franchise
for the remaining period of the term set forth in Section 4. Notwithstanding the preceding
sentence, the City shall incur no liability for failing to reserve such easement. The City
shall notify the Franchisee in writing not less than sixty (60) days before vacating all or
any portion of any such area, in which Franchisee is located. The City may, after sixty
(60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Page 36 of 45
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Section 33. Hazardous Substances.
Section 33.1. Franchisee shall not introduce or use any hazardous substances
(chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and
all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out
of or in connection with the cleanup or restoration of the property to the extent caused by
Franchisee's use, storage, or disposal of hazardous substances, whether or not
intentional, and the use, storage or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's control, whether or not intentional.
Section 33.2. The obligations of the Franchisee under this Section 32.1 shall
survive the expiration, revocation, abandonment, earlier termination of the Franchise
granted by this Franchise Ordinance.
Section 34. Notice
Section 34.1. Any Notice or information required or permitted to be given to the
parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
CITY OF TUKWILA FRANCHISEE
Public Works Director Wholesail Networks, LLC
6200 Southcenter Blvd. Attn: Legal Department
Tukwila, WA 98188 135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
Section 34.2. The Franchisee's current emergency contact shall be the Network
Operations Center and is reachable via the following number (509) 823-1886, and shall
be available 24 hours a day, seven days a week. The Franchisee shall promptly notify
the City of any change in the notice address or emergency contact (or title) and phone
number.
{ E F M4895-9658-9257;1/13175.000042/}
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Page 37 of 45
Section 35. Miscellaneous.
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a
business or utility license from the City. Franchisee shall pay promptly and before they
become delinquent, all taxes on personal property and improvements owned or placed
by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay
any other applicable tax unless documentation of exemption is provided to the City and
shall pay utility taxes and license fees imposed by the City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in connection with any controversy
arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs
and expenses, including such sum as the court may judge as reasonable for attorneys'
fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling.
Section 35.4. This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United
States District Court for the Western District of Washington, or King County Superior
Court.
Section 35.5. Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or
interpretation of the text herein.
Section 35.6. Where the context so requires, the singular shall include the plural
and the plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged
and agreed that the City is making no representation, warranty or covenant whether any
of the foregoing approvals, authorizations or agreements are required or have been
obtained by Franchisee by any person or entity.
Page 38 of 45
{EFM4895-9658-9257;1/13175.000042/}
45
Section 35.8. This Franchise may be enforced at both law and equity.
Section 35.9. Franchisee acknowledges that it, and not the City, shall be
responsible for the premises and equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City
harmless from any fines or other liabilities caused by Franchisee's failure to comply with
such requirements. Should Franchisee or the City be cited by either the FCC or the FAA
because the Facilities or the Franchisee's equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to
the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's
expense.
Section 35.10. This Franchise is subject to all current and future applicable
federal, State and local laws, regulations and orders of governmental agencies as
amended, including but not limited to the Communications Act of 1934, as amended, the
Telecommunications Act of 1996, as amended and the Rules and Regulations of the
FCC. Neither the City nor Franchisee waive any rights they may have under any such
laws, rules, or regulations.
Section 35.11. There are no third party beneficiaries to this Franchise.
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Page 39 of 45
Attachment B
STATEMENT OF ACCEPTANCE
, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
By: Date:
Name:
Title:
STATE OF )
)ss.
COUNTY OF
On this day of , 2024, before me the undersigned, a Notary
Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company
that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that he/she is authorized to execute said
instrument.
Page 40 of 45
{EFM4895-9658-9257;1/13175.000042/}
47
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
Residing at
MY COMMISSION EXPIRES:
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Page 41 of 45
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
July 22, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Mohamed Abdi
Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Pete Mayer, Laurel Humphrey,
Joel Bush, Eric Compton, Bryan Still
I. BUSINESS AGENDA
A. Franchise Agreement: Wholesail Networks
*Staff is seeking approval of an ordinance granting Wholesail Networks a Franchise Agreement
with a term of 5 years.
Committee Recommendation
Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda.
B. Purchase Agreement: Large Water Meter Replacement
Staff is seeking approval to purchase eleven Sensus Large Water Meters in the amount of
$123,531.27.
Committee Recommendation
Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda.
C. Construction Management Contract Amendment: Sewer Lift Station 5 Retrofit
Staff is seeking approval of a supplemental agreement with PACE Engineers in the amount of
$129,476.30 for the Sewer Lift Station 5 Retrofit project.
Committee Recommendation
Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda.
D. Design Agreement: Sewer Lift Station 12 Upgrade
Staff is seeking approval of an agreement with Parametrix in the amount of $221,304.58 for
design of the Project.
Committee Recommendation
Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda.
The meeting adjourned at 5:47 p.m.
AP
Committee Chair Approval
Minutes by LH
49
50
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/12/2024
NT
08/19/2024
ITEM INFORMATION
ITEM NO.
4.B.
STAFF SPONSOR: NEIL TABOR
ORIGINAL AGENDA DATE: 08/ 12/ 24
AGENDA ITEM TITLE Middle Housing and Design Consultant Contract
CATEGORY ® Discussion
Mfg Date 08112
® Motion
[Wig Date 08/19
❑ Resolution
bltg Date
❑ Ordinance
Mfg Date
❑ Bid Award
Altg Date
❑ Public Hearing
Mtg Date
❑ Other
Altg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The City has received a grant from the Washington Department of Commerce to update
middle housing regulations to comply with HB 1110 by July 1, 2025. HB 1293 also requires
all City design regulations to comply with criteria to be clear and objective. As a
continuance of middle housing and comprehensive plan work completed, the requested
action is the approval of the of the $90,000 contract between the City and CAST
architecture to support the update of middle housing and design regulations.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE ; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$90,000
AMOUNT BUDGETED
$90,000
APPROPRIATION REQUIRED
Fund Source: DEPARTMENT OF COMMERCE GRANT AND BUDGETED DCD FUNDS
Comments:
MTG. DATE
08/12/24
RECORD OF COUNCIL ACTION
08/19/24
MTG. DATE
ATTACHMENTS
08/12/24
Informational Memo
Draft Contract between City and CAST architecture with exhibits
08/19/24
51
52
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Neil Tabor, AICP, Senior Planner
CC: Thomas McLeod
DATE: 8/5/2024
SUBJECT: Middle Housing and Design Regulations - Contract with CAST architecture
ISSUE
Should the City approve a contract for $90,000 with CAST architecture to provide Middle
Housing Code Analysis and Development Services?
BACKGROUND
The City is mandated to adopt regulations complying with HB 1110 regarding middle housing
regulations, and HB 1293 regarding clear and objective design standards, by July 1, 2025. Staff
has received two grants from the Washington Department of Commerce, both before and after
the passage of HB 1110, to explore and comply with new middle housing allowances.
Staff has discussed the topic of middle housing with the Planning Commission and Council over
the last year and a half, and incorporated middle housing topics into public outreach conducted
with the Comprehensive Plan Update.
In May 2024, staff conducted a request for qualifications solicitation and interviewed two firms,
ultimately selecting a consultant team led by CAST architecture based on the range of their
team's qualifications, experience working through development projects, and familiarity with
middle housing projects and design regulations.
DISCUSSION
The intent of this project is to update Tukwila's development and design regulations to both
comply with updates to state law and to encourage desired housing types. To achieve this
objective, staff and the consultant have crafted the contract scope to balance creating
regulations that produce desired housing types and broaden housing type availability, while
ensuring that regulations make housing development financially feasible, and regulations are
clear for potential developers.
Staff are available to answer any questions regarding the state requirements, contract, or
project scope.
FINANCIAL IMPACT
All funds proposed for this contract are already budgeted or supported by an existing grant with
the Washington Department of Commerce.
53
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to recommend approval of the contract and forward this item to
the consent agenda at the August 19, 2024, Regular Meeting for approval as a continuance of
previous Comprehensive Plan and middle housing work.
ATTACHMENTS
Middle Housing Contract with exhibits
54
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/08-12-24 PCD/Middle Housing and Design Contract Info Memo.docx
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and CAST architecture PLLC, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform planning analysis and
code development services in connection with the project titled Tukwila Middle Housing:
Analysis and Code Development.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 1, 2025, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than July 1, 2025 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $90,000 without express written modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
55
CA revised May 2020
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
Page 2
56
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020 Page 3
57
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
CAST Architecture
115 North 35' St
Seattle, WA 98103-0000
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020 Page 4
58
DATED this Fourth day of August, 2024.
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONSULTANT:
By
Printed Name: Matt Hutchins
Title: Principal, CAST architecture
CA revised May 2020 Page 5
59
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ExhibitA
Tukwila Middle Housing: Analysis and Code Development
Scope of Work
August 1, 2024
A. Project Goal
This project aims to update the City's residential design standards to comply with changes
to state law and modernize residential design standards overall, in the interest of
supporting additional, attractive residential development and providing clear expectations
for developers and staff reviewers. These design standards, regulations, and guidelines are
primarily found in the TIB Design Manual, Southcenter Design Manual, the Tukwila South
Residential and Overlay District Design Manuals, the Multifamily Design Guidelines, and
Townhouse Design Manual, and sections of the Tukwila Municipal Code Title 18 regarding
single family residences, Tukwila South, and the Southcenter Urban Center.
For purposes of this project, Tukwila intends to comply with HB 1110 as a Tier 2 City.
Key deliverables will be proposed zoning amendments and design standards for middle
housing in compliance with recent state laws, informed by an analysis of neighborhood
context and potential development scenarios.
B. Task 1: Comprehensive Analysis of Regulatory Barriers for Middle Housing and Design
Review
• Review analysis of local zoning, policies, and regulations that do not comply with
requirements of HB 1110 and HB 1293 provided by City staff
• Interview recent multifamily development project teams to access additional local
barriers in the permitting, design review, and construction process.
• Provide a spatial analysis of the neighborhood context to inform how physical
limitations such as the lack of alleys and limited grid pattern affect current and
proposed development standards.
• Facilitate an interdepartmental staff workshop to identify barriers to middle housing
beyond zoning.
Deliverables:
• Gap Analysis to identify zoning standards out of compliance with HB 1110 and HB
1293
• Spatial Analysis of Neighborhood Context
• Develop graphics to illustrate regulatory barriers
• Summary of interviews.
• Summary of issues identified at staff workshop.
61
Assumptions:
• City Staff will prepare an analysis of local policies and regulations that do not
comply with the design review requirements of HB 1110 and HB 1293.
• Staff will assist in scheduling staff workshop, communicating intent to evaluate
development barriers, and coordinating between departments.
Meetings:
• Kickoff meeting to introduce team and review issues identified in gap analysis.
• Bi-weekly status meetings/teleconferences with the City project team and CAST
• One interdepartmental staff workshop
C. Task 2. Middle Housing Staff Report and Zoning Code Amendments
• Test alternative middle housing development standards that will comply with
HB1110 as a Tier 2 City for a range of typical parcels. Provide draft recommendations
with illustrations for City staff.
• Study potential development using both residual land value (RLV) models and
parcel -based internal rate of return (IRR) pro forma, building on past consultant
work in the recent TOD study.
• Review and assist staff with preparations of Zoning Code amendments that address
proposed changes to Tukwila housing regulations.
• Develop graphics to support the proposed municipal code update.
• Staff to complete a Middle Housing staff report that identifies code changes needed
to comply with HB 1110 integrated within proposed amendments.
• Consultant will collaborate with staff to prepare a draft ordinance that ensures the
Tukwila Municipal Code complies with HB 1110 and HB 1293.
Deliverables:
• Create HB1110 compliant draft zoning standards for middle housing.
• Collaborate with City staff to draw zones
• IRR Pro Forma feasibility analysis of middle housing types for typical lot
configurations
• Create custom graphics that illustrate the middle housing types and development
standards.
• Compile deliverables into Middle Housing Staff Report.
• Draft ordinance for HB 1110 and HB 1293 compliance
Assumptions:
• The gap analysis that has been provided is assumed to be comprehensive. CAST will
provide a review to add any insight based on development experience.
• CAST assumes that recent high level RLV models are an adequate baseline.
Additional models to test feasibility may be conducted.
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62
• CAST assumes that community outreach that has informed recent work on middle
housing has been adequate. CAST assumes that resources for gathering community
input such as surveys and websites are ongoing and can be leveraged to broadcast
information about the development of the staff report and zoning code amendments
and messaging about middle housing.
• City will provide brand standards for city documents, graphic design and layout for
final documents.
• CAST will provide materials to support the City's messaging and community
engagement efforts, excerpted from deliverables.
Meetings:
• Bi-weekly status meetings/teleconferences with the City project team and CAST
• Planning Commission briefing.
D. Task 3. Multifamily Design Standards and Review Development
• Work with staff to identify multifamily design standards inconsistent with HB 1293
requirements and which are detrimental to feasibility of multifamily development,
based on previous studies undertaken by the City (such as the City's Housing Action
Plan (2020), and other similar analysis).
• Assist staff in writing a staff report that identifies proposed amendments to middle
housing design review regulations.
• Remove ambiguities in Tukwila South Residential Design Guidelines, design
standards for the Urban Renewal Overlay District and the Supplemental
Development Standards
• Overhaul design criteria for middle housing under TMC 18.60
• Modify processes related to middle housing under permit applications and decision
processes.
• Remove references to the Housing Options Program and Townhouse Design Manual
and integrate into updated middle housing design standards.
• Integrate feedback from stakeholders, staff, and Planning Commission between draft
and final design standards.
Deliverables:
• Draft and Final presentation of Middle Housing Design Review Regulations
• Draft and Final Middle Housing Design Review Regulations.
• Provide up to 10 diagrams to illustrate design standards.
• Provide a flow chart describing steps through revised design review.
• Consultant and City staff to work together to review and finalize the draft.
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63
Assumptions:
• CAST assumes that the design standards identified in the gap analysis are the only
standards affected by this work.
• City will provide brand standards for city documents, graphic design and layout for
final documents.
Meetings:
• Bi-weekly status meetings/teleconferences with the City project team and CAST.
• Planning Commission briefing with draft and final design standards (2 meetings)
E. General Assumptions:
• The six and half month project schedule is based on City requirements, efficient
scheduling, and the data provision and review time assumptions specified in this
scope of work. Longer review periods and meeting scheduling delays may impact
the project schedule.
• The City will provide necessary background information, including existing policies
and regulations. The City shall keep the consultants apprised of parallel planning
efforts.
• The City will endeavor to provide information requested within one week from the
date of request.
• The consultant team will work with the City to mitigate schedule impacts where
information requests take longer to fulfill.
• CAST will provide draft copies of presentation materials for advance review by City
staff and revise materials based on staff comments. No more than two versions (draft
and final) of any deliverable will be provided.
• City reviews of minor deliverables (presentations and memos) are assumed to occur
within one week, with an additional week allocated for consultant revisions in
response to City comments. City review of the draft report is assumed to occur
within two weeks, with two weeks allocated for consultant revisions.
• Miscellaneous expenses will be covered within contract resources.
• Project management fees will be charged over course of project.
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64
Exhibit B
Task
Identification of Regulatory Barriers
Compiling staff analysis
Inteviews
Interdepartmental development issue
identification
Parcel Analysis and Neighborhood Mapping
Parcel Analysis of current development
standards
Context/street type survey and middle
housing image library
Objective Design Standards
Development and illustration of design
standards
Presentation, Online publishing
Public Input and synthesizing feedback
Zoning code writing
Create compliant code for middle housing
Assess other barriers to development and
propose solutions
Coordination with other authorities
Final Approval
Project management
CAST
$3,926
$3,926
$12,215
$15,269
$2,181
$8,725
Seva Workshop
$1,963
$1,963
$12,215
$9,161
$2,181
$0
Heartland
$654
$654
$6,108
$6,108
$0
$0
Reimbursables
$750
$800
$500
35
Subtotal b Task
$7,294
$7,344
$31,038
$30,888
$4,713
$8,725
Subtota
$27,484 $13,524
$2,750
Total
$90,0011
65
66
COUNCIL AGENDA SYNOPSIS
Imtrals
Meeting Date
Prepared by
Mayor's review
Council review
08/12/24
IG
09/16/24
IG
ITEM INFORMATION
ITEM No.
4.C.
STAFF SPONSOR: ISAAC GLOOR
ORIGINAL AGENDA DATE: 8/12/24
AGENDA ITEM TITLE Permitting Process Improvements
CATEGORY ® Discussion
Mfg Date 8/ 12
Motion
Resolution
Mtn Date Mtn Date
® Ordinance
Mtg Date 9/16
Bid Award
Mtg Date
❑ Public Hearing ❑ Other
Mtg Date Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ PcER ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Amendments to Tukwila Municipal Code Titles 8, 16, 17, 18, 19 & 21 are needed to
consolidate and simplify permit procedures and comply with recently passed Washington
State legislation SB 5290 and HB 1293.
REVIEWED BY
❑ Trans&Infrastructure Svcs
❑ LTAC
DATE: 6/12
Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE ; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
8/12/24 Informational Memos - Code Amendments and Fee Resolution Amendments
Draft Ordinances - Titles 8, 16, 17, 18, 19 & 21
Minutes from the 6/10/24 PCD Committee meeting
9/16/24 Final ordinances (6)
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City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
FROM: Nora Gierloff, DCD Director
BY: Isaac Gloor, Associate Planner
Maxwell Baker, Development Review Supervisor
CC: Mayor Thomas McLeod
DATE: August 12, 2024
SUBJECT: Permitting Process Improvements
ISSUE
Amendments to Tukwila Municipal Code Titles 8, 16, 17, 18, 19 and 21 are needed to consolidate and
simplify permit procedures and comply with recently passed Washington State legislation SB 5290 and HB
1293.
BACKGROUND
Tukwila's Permitting Process
The City of Tukwila Department of Community Development accepts and reviews applications for land use
projects and development. The Tukwila Municipal Code (TMC) distinguishes various permits by type and
contains standards for the processing of those permits. Review of land use permits is subject to timelines
for various steps, which are broken down below. These timelines are largely dictated by State law.
• Notice of Complete / Incomplete Application:
o The City of Tukwila must determine whether an applicant has submitted all necessary
documents for review, like site plans, building plans, environmental reports, etc.
o This step is subject to the following timelines:
■ The Department must determine whether a permit application is complete or
incomplete within 28 calendar days of permit submittal. Should the Department fail
to provide a determination within that time, the application shall be deemed
automatically "Complete" for the purposes of this step.
■ An application is "Incomplete" if the Department determines that the permit
submittal doesn't contain all required documents.
• The applicant has 90 calendar days from the date of the "Notice of
Incomplete Application" to provide required materials. If the applicant fails
to do so, the Permit Application will expire. Any refundable fees paid will be
returned to the applicant.
■ If the Department determines that the permit submittal is "Complete", the
Department shall provide a "Notice of Complete Application" that informs the
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INFORMATIONAL MEMO
Page 2
applicant that formal review of the application will begin.
• Notice of Application:
o Some permit types require the public to be notified that an application has been submitted.
In those cases, the Department has 14 calendar days to issue this "Notice ofApplication".
That notice can be provided via email to all interested parties and agencies with
jurisdiction, via mail to nearby property owners and residents, and by a physical sign
erected on the subject property. Some permit types require all these notice formats to be
utilized.
o A "Notice of Application" is accompanied by a comment period. This is a set period in
which the Department will accept comments from the public or agencies with jurisdiction
regarding the project. During the comment period, the Department will not make a final
determination on the project's compliance with Tukwila Municipal Code. This period can
range from 14 calendar days to 21 calendar days, depending on the Permit Type.
o If the Permit Type requires that the final decision be made in a hearing, this step will also
include a "Notice of Hearing". This notice must be provided at least 14 calendar days prior
to the hearing.
• Permit Review:
o The Department must provide a final determination regarding whether a proposal complies
with the TMC within 120 calendar days from the date that the applicant was sent a "Notice
of Complete Application".
o The 120-calendar day countdown runs for the entire time that the Department is reviewing a
project. However, that countdown stops whenever the Department determines that the
application must be revised to comply with the TMC. At that point, the status of the
application is changed to "Corrections Required" and a Correction Letter will be sent to the
applicant that details all required submittals.
■ When the status is changed to "Corrections Required", the applicant has 90
calendar days to submit all required materials. If they fail to do so, the application
will expire.
Tukwila's Zoning code was adopted in 1995 and is approximately 29 years old. Original sections have been
built on, expanded, and edited over time. Because of the patchwork nature of Tukwila's code, sections are
occasionally repetitive, confusing, refer to nonexistent permits or standards, or conflict with other
sections. It has been a goal of the Department of Community Development to simplify and correct the
TMC, as well as to bring all the TMC's Titles into alignment with each other.
New Legislation
2023 was an active year for State Legislation, with Governor Inslee signing into law many bills affecting the
city of Tukwila. Among them were Senate Bill 5290, now called the "Local Project Review Act" (LPRA), and
House Bill 1293. These bills mandate sweeping changes to permit reviews for all local governments
planning under the Growth Management Act, including Tukwila. They are intended to increase the
timeliness and predictability of local review, both of which have large impacts on project costs for
development.
Changes mandated by these two bills, and relevant to this code update proposal, are summarized below:
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INFORMATIONAL MEMO
Page 3
• SB 5290: New Permit Review Timelines
o For projects that do not require public notice, the final decision must be issued within 65
calendar days of the "Notice of Complete Application".
o For projects that do require public notice, the final decision must be issued within 100
calendar days of the "Notice of Complete Application".
o For project permits which require both notice and a public hearing, the final decision must
be issued within 170 calendar days of the "Notice of Complete Application".
o If a project permit fails to meet these timelines, in addition to other measures that an
applicant may seek, the local jurisdiction would be required to refund up to 20% of an
applicant's permit fees.
■ However, local jurisdictions may implement at least 3 of 10 optional measures set
forth in SB 5290 that are intended to further speed up permit review timelines. If a
jurisdiction enacts these measures, refunds would not need to be provided even if
permit timelines are not met.
• HB 1293: Limits on Design Review Meetings
o Cities may not hold more than a single public meeting for design review projects. This
severely limits the utility of public hearing for design review, as the only possible decisions
that a Design Review body can make are to approve or deny a proposal. They cannot require
corrections, as that would entail another design review meeting.
o HB 1293 also requires that design review standards be clear, objective, and be based on an
ascertainable guideline or criterion. The intent of this is that an applicant should be able to
determine whether a design will meet the review criteria simply by reading the criteria
themselves.
While this may sound straightforward, as most code is clearly legible for developers, many
jurisdiction's design review criteria (including Tukwila's) contain standards that are clearly
subjective in nature. This includes standards such as requirements that a project "match
the character of the surrounding neighborhood" or that a building "feature a high -quality
design". These standards are necessarily reliant on the eye of the beholder, and thus
enforcement can differ based on who is the decision maker.
The Department is not currently proposing reform to the design review standards. That work
will be presented as part of a separate code update package. However, as the limit on the
number of public meetings/hearings portion of this bill has implications for the new
standards set forth in SB 5290, the Department proposes to implement this aspect of the
bill as part of this update.
Tukwila must implement the new permitting timeline requirements by December 31 st, 2024. The
requirements of House Bill 1293 must be implemented by mid-2025, or, 6 months after the City adopts its
next Comprehensive Plan.
DISCUSSION
This code update would amend the portions of Titles 8, 16, 17, 18, 19 and 21, that relate to project
permitting, permit types, review timelines, appeals, and design review. It would consolidate permit types,
establish new permitting timelines, and speed up the review of applications for Design Review by removing
the requirement to hold public hearings before the Board of Architectural Review (BAR). It also includes
corrections to scrivener's errors, as well as removals of redundant or expired code sections.
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INFORMATIONAL MEMO
Page 4
The proposal would bring the City's codes fully into compliance with the LPRA and would implement a
requirement from HB 1293 that correlates well with the rest of the amendments. It also would help achieve
Department and City goals regarding permit review timelines, particularly relating to the timeliness of
Design Review applications.
The current City of Tukwila review timelines for most permit types already meet the new statutory
requirements, and virtually all permits currently meet the (now superseded) 120-day timeline, as shown
below.
September 2021
February 2022
February 2023
February 2024
Fire Reviews
28 — 0 Overdue
41 - 1 Overdue
48 — 0 Overdue
23 — 0 Overdue
Building
Reviews
47 — 9 Overdue
11 - 4 Overdue
3 — 0 Overdue
19 — 0 Overdue
Planning
Reviews
128 — 95 Overdue
31 - 8 Overdue
38 — 13 Overdue
51 — 0 Overdue
Engineering
Reviews
178 — 78 Overdue
60 - 8 Overdue
61 — 8 Overdue
65 — 0 Overdue
(First number are permits actively Under Review which includes those that are overdue.)
However, Design Review projects that require review by the BAR commonly reach or exceed timelines,
largely due to the need to schedule a Public Hearing. These hearings occasionally must be scheduled
months ahead of time to be accommodated in busy agenda schedules.
The Department has a strong interest in accelerating the review of permits that require design review,
many of which are related to the development of new housing. A commonly cited barrier to development is
timely and predictable procedures within the permitting process. This proposal would amend the portions
of Title 18 that relate to design review applications to establish that all design review would be an
administrative process. The BAR, whose members consist of the Planning Commission, would continue to
serve in their roles and perform all functions of the Commission other than the administration of a public
hearing and quasi-judicial review for Design Review permits. Public notice would still be required for
Design Review applications, and the City's timeline for approval of a design review permit would be set at
100 calendar days, in accordance with state requirements (as opposed to 170 days for those decisions
which require a public hearing). The Design Review standards would not change as part of this proposal;
however, all departures from the standards would be reviewed administratively as opposed to at a hearing
by the Board of Architectural Review.
As part of their implementation strategies, some jurisdictions are considering complying with these new
state requirements by changing their review procedures for certain permit types in a way that would
increase the permit timelines. This could be accomplished by adding public notice requirements where
they currently don't exist, or requiring a public hearing for a permit type when currently it can be reviewed
administratively. In this way, a permit timeline could legally be extended from a state requirement of 65
days up to a maximum of 170 days. While these changes would comply with the letter of the law, the
Department is not proposing any amendments that would lengthen reviews.
These changes are expected to provide greater clarity and predictability for applicants, simplify permit
review processes for both applicants and staff, speed up review timelines, and push Tukwila another step
towards compliance with new State requirements.
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INFORMATIONAL MEMO
Page 5
FINANCIAL IMPACT
Eliminating public hearing design review would lower the fees for that permit type but also save
considerable staff time.
RECOMMENDATION
On June 27, 2024, the Nanning Commission held a public hearing on this topic and agreed to recommend
that the City Council approve the proposed amendments to development regulations.
The Council is being asked to approve the draft ordinances.
ATTACHMENTS
Draft Ordinances:
A. Title 08: Public Peace, Morals, and Safety
B. Title 16: Buildings and Construction
C. Title 17: Subdivisions and Plats
D. Title 18: Zoning (raw form)
E. Title 19: Sign and Visual Communication
Code
F. Title 21: Environmental Regulations
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
2293 §13 AND 2676 §1, AS CODIFIED AT TMC 8.22.120;
AMENDING ORDINANCE NO. 2547 §12, AS CODIFIED AT
TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES,
CODIFY INTERNAL POLICIES, AND REFLECT CHANGES
IN STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, certain sections of Chapter 8 of the Tukwila Municipal Code ("TMC") need
to be updated and brought into compliance with SB 5290; and
WHEREAS, there are also certain ambiguities and policies in the TMC that need to be
revised and updated; and
WHEREAS, the City Council finds that the amendments herein further the public health,
safety, and welfare of the residents of Tukwila.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. TMC Section 8.22.120 Amended. Ordinance Nos. 2293 §13 and 2676
§1, as codified at TMC Section 8.22.120, "Variances," is hereby amended to read as follows:
A. Any person who owns or operates a sound -producing source may apply for a
variance.
B. Applications for 'Noise Variances for 30 days or less shall be proceed as Type 1
decisions, subject to the provisions found at TMC Chapter 18.104. Application typcs arc
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Page 1 of 6
75
based on the number of days/nights the sound source will exceed thc maximum permissible
sound levels as shown in the following table:
Number of days/nights
Variancc Pcrmit Type
Public Hearing
Requirements
Requirements
maximum permissible
sound level may be
cxcccdcd within a 12
month period
30 days less
Type 1 Administrative
No notice 49'31
Ale
Hearing
or
Variance
31 60 days
Type 2 Administrative
Varianco
Mailed noticc 0,2i
Ne
Hearing
More than 60 days
Type 3
Variance
Mailed noticc el 2)
Public
Hearing
(1) Mailed notice shall be provided per TMC Section 18.104.120 with the exception
that tenants that are not affected tenants per TMC Section 8.22.020 arc not required to be
sent notice.
(2) The administrator shall have -the discretion in unusual circumstances (i.e., unusual
type or intensity of noise or length of request) to require (additional) public notification
provided to a wider geographic area, and/or notice posted at the site.
(3) In the case of residential parties or other noise generating events within a
residential area and prior to granting any variance, thc applicant shall provide written notice
to all residents and businesses within 500 feet of where the party or project is being held.
When the 500 foot radius includes multi family complexes, all residents of the complex shall
be notified. Written notice shall be provided between 10 and 30 days of the onset of activity
project. An affidavit of distribution shall be provided to the City.
C. Applications for Noise Variances in excess of 30 days shall be proceed as Type 3
decisions, subject to the provisions found at TMC Chapter 18.104.Variance types,
procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code.
supply information, including but not limited to:
1. The nature, source, intensity and location of the sound;
2. The hours during the day and/or night the noise will occur;
3. The number of days and/or nights the noise will occur;
4. The ambient sound Icvel during thc time of day or night for which thc variance
is being sought;
5. The time period for which the variance is requested;
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76
Page 2 of 6
6. The reason for which the noise violation cannot be avoided;
7. Mitigating conditions the applicant will implement to minimize the sound level
violations;
8. The name, address and m ns of contacting a responsible party during the
hoi irs ofroF ration for which the Marianne is requested; and
variance that is deemed necessary to complete the review of the variance request.
ED. No variance in the provisions or requirements of this chapter shall be authorized by
the administrator unless the administrator finds that all of the following facts and conditions
exist:
1. There are exceptional or extraordinary circumstances or conditions applying to
the appellant's property or as to the intended use thereof that do not apply generally to other
properties in the same noise control district;
2. Such variance is necessary for the preservation and enjoyment of a substantial
personal or property right of the appellant, such right being possessed by the owners of
other properties in the same noise control district;
3. The authorization of such variance does not endanger public health or safety
of named persons in the same or adjacent noise control districts;
4. The granting of such variance will not adversely affect the general policy and
purpose of this act as set forth in TMC Section 8.22.010.
FE. In authorizing a variance, the administrator may attach thereto such conditions
regarding noise level, duration, type and other considerations as the administrator may
deem necessary to carry out the policy and purpose of this chapter. The variance permit
shall enumerate the conditions of the variance, including but not limited to:
1. Specific dates and times for which the variance is valid;
2. Additional mitigation measures or public notice requirements as determined by
the administrator.
3. If the notice of application is for a sound generating event that does not start
within thirty days of the notice, the applicant shall provide written notice to all residents within
500 feet of the project including all residents of multi -family complexes. Written notice shall
be provided between ten and thirty days of the onset of activity and shall enumerate the
anticipated work schedule for the length of the project. An affidavit of distribution shall be
provided to the City.
GF. In establishing conditions on granting a variance, the administrator shall consider:
1. Whether the public health, safety or welfare is impacted;
2. The social and economic value of the activity for which the variance is sought;
3. The ability of the applicant to apply best practical noise control measures;
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Page 3 of 6
77
4. Physical conditions that create a significant financial hardship in complying with
the provisions of this chapter; and
5. Any comments received during public notice or public meeting, if provided, and
comment or lack of comment received during similar noise generating events in the past.
#G. The variance permit may be revoked by the administrator and the issuance of future
variance permits withheld, if there is:
1. Violation of one or more conditions of the variance permit;
2. Material misrepresentation of fact in the variance application; or
3. Material change in any of the circumstances relied upon by the administrator
in granting the variance.
Section 3. TMC Section 8.45.070 Amended. Ordinance No. 2547 §12, as codified
at TMC Section 8.45.070, "Notice of Violation and Order," is hereby amended to read as
follows:
A1OTICE OF ION AND ORDE
A. VIOL �T,ATNotice of Violation and Order: For all
other civil violations of the Tukwila Municipal Code, upon the Code Enforcement Officer
determining that a violation of the TMC exists, the Code Enforcement Officer may serve a
Notice of Violation and Order upon the person(s) responsible for the condition. The Notice
of Violation and Order shall contain the following information:
1. A citation to the standard, code provision or requirement violated, along with a
description of the specific violation present;
2. The corrective action, if any, that is necessary to comply with the standard,
code provision or requirement;
3. The date by which the corrective action(s) shall be completed by the person(s)
responsible ("compliance date"); and
4. An explanation of the appeal process and the specific information required to
file an appeal.
B. Service of a Notice of Violation and Order: Service of a notice of violation and
order issued pursuant to this chapter shall be made using one of the following methods:
1. Personal service is accomplished by (a) handing the document to the person
subject thereto or (b) leaving it at their last known dwelling house or usual place of abode
with a person of suitable age and discretion then residing therein or (c) leaving it at their
office or place of employment with a person in charge thereof. Personal service is complete
immediately upon completion of the action specified above.
2. Service by posting is accomplished by affixing a copy of the document in a
conspicuous place on the subject property or structure, or as near to the affected property
or structure as feasible, with at least one copy of such document placed at an entryway to
the property or structure if an entryway exists. Service by posting is complete immediately
upon completion of the action specified above.
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Page 4 of 6
3. Service by mail is accomplished by placing the document in first-class mail,
postage prepaid, to the last known address of the person to whom the document is directed.
The last known address shall be any of the following: (a) address provided to the City by the
person to whom the document is directed; (b) the address on file with the City at the time
the document is mailed; (c) the address of the property where the violation is occurring; or
(d) the address shown on the official property tax information website for King County,
Washington State Department of Licensing, or Washington Secretary of State Office.
Service by mail shall be deemed complete two days following the date of mailing.
4. Overnight service is accomplished by placing the document, delivery prepaid,
with an overnight service bearing a delivery address listed in subsection (B)(3) of this
section. Overnight service shall be deemed complete the following day.
5. Service by publication is accomplished by publishing the document pursuant
to RCW 4.28.100 and 4.28.110, as now or hereafter amended. Service by publication shall
be deemed complete upon final publication as set forth in RCW 4.28.110.A Notice of
address of such person, whichcvcr mcthod the Code Enforcement Officer determines will
search and reasonable efforts are made to obtain service, the whereabouts of the person(s)
is unknown or service cannot be accomplished and the Code Enforcement Officer makes
an affidavit to that effect, thcn scrvicc of the notice upon such person(s) may be made by:
1. Publishing the notice once each week for two consccutivc wccks in the City's
official newspaper; and
2. Mailing a copy of the notice to each person named on the Notice of Violation
and Order by first class mail to the last known addrecc if known or, if unknown, to the address
of the property involved in the proceedings; and
3. A copy of the notice shall be posted at a conspicuous place on the property,
unless posting the notice is not physically possible.
C. Proof of Service: Proof of service may be made by written affidavit or declaration
under penalty of perjury by the person effecting service, declaring the time, date and manner
thereof. If service is made solely by posting or publication, proof of service shall include a
statement as to what steps were used in attempting to serve personally or by mail. The City
shall take and retain a photograph of the document if service is made by posting. No
additional proof of service beyond the requirements in this chapter shall be required by the
hearing examiner or other entity. Any failure of the person to whom a document is directed
to observe a document served by posting or publication shall not invalidate service nor the
document so served.
D. AMENDMENT: A Notice of Violation and Order may be amended at any time in
order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
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DE. ORDER BECOMES FINAL UNLESS APPEALED: Unless an appeal is filed with
the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with
TMC Section 8.45.110, the Notice of Violation and Order shall become the final
administrative order of the Code Enforcement Officer.
. RECORDING: A copy of the notice may be filed and recorded with the King County
Recorder.
Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Office of the City Attorney
Effective Date:
Ordinance Number:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2171 §1 (PART), AS CODIFIED AT TMC SECTION 16.04.040;
AMENDING ORDINANCE NOS. 2171 §1 (PART), 2648 §4,
2673 §1, AND 2702 §4, AS CODIFIED AT TMC SECTION
16.04.250; TO REMOVE AMBIGUITIES, CODIFY
INTERNAL POLICIES AND REFLECT CHANGES IN
STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, certain sections of Chapter 16 of the Tukwila Municipal Code ("TMC") need
to be updated and brought into compliance with SB 5290; and
WHEREAS, there are also certain ambiguities and policies in the TMC that need to be
revised and updated; and
WHEREAS, the City Council finds that the amendments herein further the public health,
safety, and welfare of the residents of Tukwila.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. TMC Section 16.04.040 Amended. Ordinance No. 2171 §1 (part), as
codified at TMC Section 16.04.040, "Compliance with Other Regulations as Prerequisite for
Building Permits," is hereby revised to read as follows:
16.04.040 Compliance with Other Regulations as Prerequisite for Building Permits
No building permit shall be issued if the construction authorized by the permit will
violate any existing applicable law or City ordinance.
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B. No building permits shall be issued prior to the approval of any land use permits
required for the project. Land use permit requirements can be found in TMC Title 18.
Section 3. TMC Section 16.04.250 Amended. Ordinance Nos. 2171 §1 (part), 2648
§4, 2673 §1, and 2702 §4, as codified at TMC Section 16.04.250, "Procedures Applicable
to All Construction Permits," is hereby amended to read as follows:
16.04.250 Procedures Applicable to All Construction levelopmenL Permits
A. Fees: Permit and plan review fees applicable to all construction development
permits shall be in accordance with the permit fee schedule adopted by resolution of the
City Council.
B. Application Requirements: Applications for development permits shall be
processed as Type 1 decisions, subject to the provisions of TMC Chapter 18.104. If any
section of TMC Chapter 18.104 conflicts with the provisions of TMC Section 16.04.250, the
provisions of this code section shall prevail.
C. Inspections: Work covered without inspection or work not ready at the time of
inspection may be charged a re -inspection fee at the hourly rate in accordance with the
permit fee schedule adopted by resolution of the City Council. Neither the Building Official
nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
GD. Work without a permi+Work without Permits Any person who commences
work before obtaining the necessary permits required by the Washington State adopted
codes and Tukwila Municipal Code to construct, enlarge, alter, repair, move, demolish or
change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system; or to cause
any such work to be performed on a building or structure before obtaining the necessary
permits shall be charged double the fee established in accordance with the permit fee
schedule adopted by resolution of the City Council.
D . Fee refund-s.'erunus:: The Building Official may refund any permit fee paid by the
original permit applicant that was erroneously paid or collected. The Building Official may
also authorize the refund of not more than 80% of the permit fee when no work has been
done under a permit issued in accordance with the code. Where a plan review fee has been
collected, no refund will be authorized once it has been determined that the application is
complete, and the plan review process has commenced. Refund of any permit fee paid
shall be requested by the original permit applicant in writing and not later than 180 days after
the date of fee payment.
E. Expiration of permits. Permits issued under the Washington State adopted codes
and Tukwila Municipal Code shall become invalid unless the work on the site authorized by
permit for an additional 180 days. The Building Official is authorized to grant, in writing, two
extensions of timc, for periods not morc than 180 days ch. It shall be the responsibility of
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the applicant to request a permit extension. The extension shall be requested in writing and
justifiable cause shall be demonstrated.
F. Time limitation of permit application.
1. All proposed work under Washington State adopted codcs and Tukwila
Municipal Code shall require a complete permit application, plans, and submittal documents.
All documents shall be submitted electronically. After each department completes review
of the submittal documents, the Permit Center shall return the electronic plan, with
corrections, to the applicant, as identified on the application, for review and amendment.
2. The applicant shall then resubmit the amended electronic plan to the Permit
before expiration.
3. An expired permit application cannot be renewed and is not entitled to a refund.
required submittal documents and a new fee shall be paid in accordance with the permit fee
time,
G. Reactivating expired permit for final. Expired permits that have completed the
inspection proce,s and need only final inspection approval may be reactivated. Reactivation
fee schedule adopted by resolution of the City Council. The Building Official may grant one
30 day extension to an expired permit for the purpose of performing a final inspection and
expired. Provided no changes have been made or will be made in the plans or scope of
work, the 30 day extension commences on the date of written approval. If work required
cxpire.
. Owner -occupied residential remodel permits : Owner -occupied residential
remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee
per the following:
1. The flat fee includes all permit and other associated fees in accordance with
the permit fee schedule adopted by resolution of the City Council.
2. The valuation will be cumulative during a rolling one-year period.
3. All requirements for submittal documents and inspections are as required for a
new house under this section; only the fee is reduced.
4. Projects that exceed the $20,000.00 limit will be subject to the standard permit
fees in accordance with the permit fee schedule adopted by resolution of the City Council.
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4G. Appeals:.- All references to Board of Appeals are amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official provided that such appeal is made in writing within 14 calendar days after
such person, firm or corporation shall have been notified of the Building Official's decision.
Any person, firm or corporation shall be permitted to appeal a decision of the Building Official
to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions
exists.
1. The true intent of the code or ordinance has been incorrectly interpreted.
2. The provisions of the code or ordinance do not fully apply.
3. The decision is unreasonable or arbitrary as it applies to alternatives or new
materials.
4. Notice of Appeal procedures shall be in accordance with TMC Section
18.116.030.
JH. Violations:: Whenever the authority having jurisdiction determines there are
violations of this code, a Notice of Violation shall be issued to confirm such findings. Any
Notice of Violation issued pursuant to this code shall be served upon the owner, operator,
occupant or other person responsible for the condition or violation, either by personal service
or mail, or by delivering the same to and leaving it with some person of responsibility upon
the premises. For unattended or abandoned locations, a copy of such Notice of Violation
shall be posted on the premises in a conspicuous place, at or near the entrance to such
premises, and the Notice of Violation shall be mailed by registered or certified mail, with
return receipt requested, to the last known address of the owner, occupant or both.
II4. Penalties:.- Any person, firm or corporation who shall willfully violate or fails to
comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC
Section 8.45.120.A.2.
Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS
ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL
CODE (TMC) TITLE 17, "SUBDIVIONS AND PLATS";
REENACTING TITLE 17; TO REMOVE AMBIGUITIES,
IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND
REFLECT CHANGES IN STATE LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC), Title
17, "Subdivisions and Plats," in alignment with current practices, to improve clarity, and to bring
the TMC into compliance with SB 5290 ; and
WHEREAS, the City Council finds that the amendments herein further the public health,
safety, and welfare of the residents of Tukwila.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing
recitals and incorporates them herein as support for these amendments.
Section 2. Repealer. All ordinances as codified in Title 17, "Subdivisons and Plats," and
as referenced in Exhibit A, are hereby repealed, thereby eliminating Title 17 in its entirety.
Section 3. TMC Title 17 Reenacted. TMC Title 17 is hereby reenacted to read as follows:
TITLE 17
SUBDIVISIONS AND PLATS
Chapters:
17.04 General Provisions
17.08 Boundary Line Adjustments and Lot Consolidations
17.12 Detailed Procedures for Short Subdivisions
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17.14 Detailed Procedures for Long Subdivisions
17.16 Detailed Procedures for Binding Site Improvement Plans (BSIPs)
17.20 Design and Improvement Standards for the Subdivision of Land
17.24 Procedures for Public Improvements
17.28 Exceptions, Penalties, Severability, Liability
Section 4. Chapters Established. All chapters of TMC Title 17 are hereby established to
read as referenced in Exhibit B.
Section 5. Corrections by City Clerk or Code Reviser Authorized. 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 (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Exhibit A: Repealers
Exhibit B: Reenacted Title 17, "Subdivisions and Plats"
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EXHIBIT A:
REPEALERS
Chapters
Ordinance(s) Repealed
17.04 General Provisions 1833 §1 (part)
17.08 Boundary Line Adjustments and
Lot Consolidations 1833 §1 (part); 2649 §2; 2677 §1
17.12 Detailed Procedures for
Short Subdivisions 1833 §1 (part); 2199 §1 & §2;
2649 §3
17.14 Detailed Procedures for Subdivisions 1833 §1 (part); 2124 §1 & §2;
2199 §3 & §4; 2649 §4, §5, §6 & §7;
2716 §2
17.16 Detailed Procedures for Binding
Site Improvement Plan (BSIP)
17.20 Design and Improvement Standards
for the Subdivision of Land
17.24 Procedures for Public Improvements
17.28 Exceptions, Penalties, Severability
Liability
1833 §1 (part); 2236 §1, §2, §3 & §4
§5, & §6; 2251 §2
1833 §1 (part); 1971 §21; 2649 §8
1833 §1 (part); 2124 §3 (part);
2649 §9 & §10
1833 §1 (part); 1838 §16; 2124 §4
2549 §20 & §21
89
EXHIBIT B:
REENACTED TITLE 17 "SUBDIVISIONS AND PLATS"
90
Chapters:
17.04
17.08
17.12
17.14
17.16
17.20
17.24
17.28
Sections:
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
17.04.060
17.04.070
17.04.010 Title
TITLE 17
SUBDIVISIONS AND PLATS
General Provisions
Boundary Line Adjustments and Lot Consolidations
Detailed Procedures for Short Subdivisions
Detailed Procedures for Long Subdivisions
Detailed Procedures for Binding Site Improvement Plans (BSIPs)
Design and Improvement Standards for the Subdivision of Land
Procedures for Public Improvements
Exceptions Penalties, Severability, Liability
CHAPTER 17.04
GENERAL PROVISIONS
Title
Purpose
Scope and Exceptions
Definitions
Dedications
Survey Content
Notification of Other Agencies
A. This code shall be known as the "City of Tukwila Subdivision Code."
17.04.020 Purpose
A. The purpose of this code is to provide rules, regulations, requirements, and
standards for subdividing land in the City, insuring that the public health, safety, general
welfare, and aesthetics of the City shall be promoted and protected; that orderly growth,
development, and the conservation, protection and proper use of land shall be insured;
that the character of the developing area is safeguarded and promoted; that proper
provisions for all public facilities including circulation, utilities, open space, and services
shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are
furthered through the subdivision of land.
17.04.030 Scope; and Exceptions
A. Scope:
1. The subdivision of land within the City of Tukwila shall comply with Chapter
58.17 RCW.
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2. Where this code imposes greater restrictions or higher standards upon the
development of land than other laws, ordinances or restrictive covenants, the provisions
of this code shall prevail.
B. Exceptions:
1. This ordinance shall not apply to divisions and activities described as
inapplicable in RCW 58.17.040; provided that boundary line adjustments and lot
consolidations are subject to the provisions contained in TMC Chapter 17.08; provided
further that binding site improvement plans are subject to the provisions contained in TMC
Chapter 17.16.
17.04.040 Definitions
A. The definitions of the Zoning Code, TMC Chapter 18.06, are hereby adopted by
reference.
17.04.050 Dedications
A. Act of Dedication: The intention to dedicate real property to the public shall be
evidenced by showing the dedication on the plat prepared for approval. All dedications,
including easements, rights -of -way and real property shall be clearly and precisely
indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval
of the plat for recording shall constitute acceptance of the dedications.
B. Public Streets: All streets and parcels of land shown on the final plat and
intended for public use shall be offered for dedication for public use, except the approving
entity may allow the conveyance of certain public improvements to be conveyed to a
homeowner's association or similar non-profit corporation.
C. Certificate: If the subdivision includes a dedication, the final plat shall include a
certificate of dedication or reference to a separate written instrument which dedicates all
required streets and other areas to the public. The certificate or instrument of dedication
shall be signed and acknowledged before a notary public by every person having any
ownership interest in the lands divided and recorded as part of the final plat.
D. Title Report: Every proposed final plat containing a dedication must be
accompanied by a title report confirming that the title of the lands as described and shown
on the plat is in the name of the owners signing the certificate of dedication.
17.04.060 Survey Content
A. Information: Whenever a sur„e„ is submitted for aAII surveys submitted for
boundary line adjustments, lot consolidations, short subdivisions, short plat or
subdivisions, binding site improvement plans, or any other permits, shall include the
following information shall be included:
1. The name of the plat, City of Tukwila file number, graphic scale and north
arrow. The survey shall be done to a scale of one inch equals 100 feet unless otherwise
approved by DCDthe Department, and shall be drawn with black drawing ink in record of
survey format.
2. Existing features such as rivers, streets, railroads and structures.
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3. The lines and names of all existing or platted streets or other public ways,
parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication,
including municipal boundaries, township lines, and section lines.
4. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the
previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
5. Legal description of the subdivision boundaries.
6. A complete survey of the section or sections in which the plat or replat is
located, if necessary, including:
a. All stakes, monuments or other evidence found on the ground and used
to determine the boundaries of the subdivision. Location and monuments found or reset
with respect to any established centerline of streets adjacent to or within the proposed
subdivision. All other monuments found or established in making the survey of this
subdivision or required to be installed by provisions of this title.
b. City or County boundary lines when crossing or adjacent to the
subdivision.
c. The location and width of streets and easements intersecting the
boundary of the tract.
d. Tract, block and lot boundary lines and street rights -of -way and
centerlines, with dimensions, bearings, radii, arcs and central angles, points of curvature
and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be
shown to the nearest second with basis of bearings. All distances shall be shown to the
nearest one -hundredth foot.
e. The width and location of existing and proposed easements and rights -
of -way.
7. Lot and block numbers beginning with the number one (1) and numbered
consecutively without omission or duplication.
8. Tracts to be dedicated to any public or private purpose shall be
distinguished from lots intended for general development with notes stating their purpose
and any limitations.
B. Statements: The plat shall include the following statements:
1. A statement to be signed by the Public Works DirectorDirector of Public
Works approving the survey data, the layout of the streets, alleys and other rights -of -way,
design of bridges, sewage and water systems, drainage systems and other structures.
2. A certificate bearing the printed names of all persons having an interest in
the subdivided land, signed by the persons and acknowledged by them before a notary
public, consenting to the subdivision of the land and reciting a dedication by them of all
land shown on the plat to be dedicated for public uses, and a waiver by them and their
successors of all claims for damages against any governmental authority arising from the
construction and maintenance of public facilities and public property within the
subdivision.
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3. A certificate with the seal of and signature of the surveyor responsible for
the survey and final plat with the following statement:
, registered as a land surveyor by the State of Washington, certify
that this plat is based on an actual survey of the land described herein, conducted by me
or under my supervision; that the distances, courses and angles are shown thereon
correctly; and that monuments other than those monuments approved for setting at a later
date, have been set and lot corners staked on the ground as depicted on the plat."
4. Certification from the King County Treasurer that all taxes and assessments
for which the property may be liable have been duly paid, satisfied or discharged as of
the date of certification.
5. Certification of examination and approval by the County Assessor.
6. Recording Certificate for completion by the King County Department of
Records and Election ;Executive Services.
7. Certification of Examination and Approval by the Seattle -King County
Health Department when the lot(s) are served by septic system(s).
8. City of Tukwila Finance Director Certificate that states there are no
delinquent special assessments, and that all special assessments on any of the property
that is dedicated as streets, alleys or for other public use are paid in full at the date of
certification.
9. Certification by the Public Works DirectorDirector of Public Works that the
subdividerapplicant has complied with one of the following:
a. All improvements have been installed in accordance with the
requirements of this title and with the preliminary plat approval, and that original and
reproducible mylar or electronic records in a format approved by Public Works and
meeting current Public Works drawing standards for road, utility and drainage
construction plans certified by the designing engineer as being "as constructed" have
been submitted for city records.
b. An agreement and bond or other financial security have been executed
in accordance with TMC 17.24.030 sufficient to assure completion of required
improvements and construction plans.
10.-Certificate of dedication pursuant to TMC 17.04.050C.
11. for short platssubdivisions, binding site improvement plans, and boundary
line adjustments, and lot consolidations, a certificate of approval to be signed by the DCD
Director of the Department of Community Development, the Director of the Public Works
Director Department, and the Fire ChiefMarshal.
12. For long subdivisions, a certificate of approval to be signed by the Mayor
and City Clerk.
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17.04.070 Notification of Other Agencies
A. Notice of the filing of an application for a preliminary plat subdivision within 1,000
feet of the municipal boundaries, or which contemplates the use of special use districts
or other city's or town's utilities, shall be given to the appropriate special districts, county,
city or town authorities. Notice of the filing of an application for a preliminary plat
subdivision located adjacent to the right-of-way of a State highway shall be given to the
State Department of Highways. In addition, notice of all applications for preliminary plats
subdivisions shall be submitted to the appropriate school district. All such notices shall
include the hour, location, and purpose of the hearing and a description of the property to
be platteddivided.
CHAPTER 17.08
BOUNDARY LINE ADJUSTMENTS
AND LOT CONSOLIDATIONS
Sections:
17.08.010 Purpose
17.08.020 Scope
17.08.030 Decision Process
17.08.030040 Preliminary ApprovalApplications
17.08.050 Expiration of Preliminary Approval
17.08.040060 RecordingFinal Applications
17.08.050 Expiration
17.08.010 Purpose
A. It is the intent to provide an efficient and timely process that allows consistent
review; to ensure such actions do not create non -conformities with zoning and other city
regulations; to provide a permanent record of boundary line adjustments and lot
consolidations; and to ensure appropriate provisions are made for access and utility
easements; in a manner consistent with RCW 58.17.040(6).
17.08.020 Scope
A. This chapter applies to all boundary line adjustments and lot consolidations
which are otherwise exempt from RCW 58.17.040(6), Subdivision Regulations.
17.08.030 Decision Process
A. Applications for boundary line adjustments and lot consolidations shall be
processed as Type 1 decisions, subject to the provisions of TMC 18.104.
17.08.030040 Preliminary AevalApplications
A. In order to receive preliminary approval, the applicant shall submit to the Director
(as defined in TMC Chaptcr 18.06) a complctc application, in quantitics spccificd by the
Cityand meet the criteria for approval
e
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B A. Application Requirements: Applications for preliminary boundary line
adjustments and lot consolidations shall meet the permit submittal requirements found at
TMC 18.104.060.A complete application consists of the following:
1. A completed application on a form provided by the City and fee as identified
inTMCChanter1888
survey may be required if it is determined that level of information is nccdcd to ensure
the adjustment meets the approval criteria. The plan shall show the following information:
a. Property lines, with those that remain in their existing location shown as
a solid linc, those that arc bcing moved or removed shown as a dashed linc, and those
that have been relocated shown as a solid line and clearly identified as a relocated line.
b. Dimensions of all property lines and ar of the lots, before and after the
adjustment.
from existing and new property lines
dLoGation and p irpose of all eerier nts on the sit
c. Location, purpose and legal description of any new or extended
casements proposed.
TLoGation of adiacen-t public rotes and points of access from the public
g. Location of existing utilities and utility easements.
h. Calculations that demonstrate that required yards of the Uniform
Building Code are met.
3. Before and after legal description of the affected lots.
GB. Criteria for Boundary Line Adjustment or Lot Consolidation Approval:In order to
approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee
shall determine the project complies with the following criteria:
1. No additional lots, sites, parcels, tracts or divisions are created.
2. The adjustment will not create non -conforming lots with respect to zoning
dimension and area standards, zoning setbacks and lot area coverage standards. The
adjustment shall not result in the creation of lots with split zoning.
3. The degree of non-conformance on existing non -conforming lots with
respect to zoning dimension and area standards, zoning setbacks and floor area ratio are
not increased.
4. All lots have legal access to a public road. Existing required private access
road improvements and easements are not diminished below subdivision ordinance
standards for lots that are served by a private access road.
5. Existing easements for utilities are appropriate for their intended function,
or they are extended, moved or otherwise altered to an appropriate location.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
96
Page 6 of 45
6. The adjustment does not create any non -conformities with respect to the
Uniform Building Code or any other locally administered regulation.
DC. Minor and Major Modifications to a Preliminary Approval:
1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 1 decision, based
on review and recommendations of the Short Subdivision Committee. The Director may
include conditions as part of an approval of a minor modification to ensure conformance
with the criteria below. Minor modifications are those which:
a. Do not increase or decrease the number of lots beyond the number
previously approved_, or which maintain the number of Tots, or that decrease the number
of lots in the subdivision below the number previously approved.
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the project by 10% or more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access point to an exterior street.
d. Do not alter the exterior boundaries of the project.
e. Are consistent with applicable development standards and will not cause
the boundary line adjustment or lot consolidation to violate any applicable City policy or
regulation.
f. Are consistent with the conditions of the preliminary approval, provided that
a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17.08.030.D.a-e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, or other substantive requirement or
provision. —_If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
17.08.050 Expiration of Preliminary Approval
A. The preliminary boundary line adjustment or lot consolidation application shall
expire if it has not been recorded within one (1) year from the date of approval.
B. Where all conditions of approval of the preliminary boundary line adjustment or
lot consolidation have been satisfied, and all required documents have been submitted
within the one (1) year filing period, the Director may grant a single extension of up to one
hundred eighty (180) days for the processing and recording of the final boundary line
adjustment or lot consolidation.
17.08.040-060 Reee-rel-i-ngFinal Applications
A. Application Requirements: Applications for final boundary line adjustments and
lot consolidations shall meet the permit submittal requirements found at TMC
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
Page 7 of 45
97
18.104.060.After preliminary approval has been granted, an application for final approval
shall be submitted to DCD for final review.
B. Review Procedures: Upon receiving approval from the City, the applicant will
be responsible for picking up the documents from the Department and recording them
with King County Department of Executive Services. A notification of recording that
includes the filed recording number must be provided to the Department in order to deem
the application finaled.
B. A complete final application shall consist of the documents required for
recording including:
1. Drawing or survey of the boundary line adjustment.
2. Before and after legal descriptions of the affected lots.
3. Affidavit of ownership.
/l . Application on a form provided by the Department of Community Development.
5. Other documentation necessary to demonstrate the conditions of the approval
have been met.
C. Criteria for Approval: To grant final approval of a boundary line adjustment or lot
consolidation, the Director must determine that it meets the following decision criteria:
1. All requirements for boundary line adjustments or lot consolidations as set
forth in the Subdivision Code are met.
2. All terms of the preliminary boundary line adjustment or lot consolidation
approval have been met.
3. The requirements of all applicable state laws and any City ordinances have
been met.
4. All required improvements have been installed in accordance with City
standards or an improvement agreement with financial guarantee pursuant to TMC
17.24.030 has been entered into by the applicant and accepted by the City.
5. The boundary line adjustment or lot consolidation is technically correct and
accurate as certified by the land surveyor responsible for the plat.
copy of the recorded documents must be returned to DCD to finalize the approval
process. _The adjustment shall not be deemed complete until the City receives these
documents.
17 08 n5OExpiration
The bey indary lino adj stm pplicati Taalllexnire if it has net boon recorder:
to the expiration date, the Short Subdivision Committcc is authorized to grant one
extension, not to exceed six months.
Exhibit B: Title 17 Repeal and Reenact Page 8 of 45
Version: 7/31/24
98
CHAPTER 17.12
DETAILED PROCEDURES
FOR SHORT SUBDIVISIONS
Sections:
17.12.010 Scope
17.12.015020 Decision Process
17.12.020030 Preliminary Applications short plat approval
17.12.040 Expiration of Preliminary Approval
17.12.030050 Final Applications short plat approval
17.12.010 Expiration
17.12.050060 Limitations on Further Subdivision
17.12.060070 Contiguous Short Subdivisions plats
17.12.07-0080 Unit Lot Short Subdivisions plats
17.12.010 Scope
A. Any land being divided into nine (9) or fewer parcels, lots, unit lots, tracts or sites
for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in
size, shall meet the requirements of this chapter.
17.12.01-5020 Decision Process
A. Applications for short subdivisions shall be processed as a Type
2 decisions, subject to the provisions of TMC 18.1048.020.
17.12.020030 Preliminary Applications
A. Application Requirements:/fees. Applications for preliminary short
subdivisions shall meet the permit submittal requirements found at TMC 18.104.060.The
following items are required, in quantities specified by the City, for a complete Short Plat
application for preliminary approval. _Items may be waived if, in the judgment of the Short
ion Commi ee they are not appli hlo roposal•
u idisrrnT'vvrrrrrrrttcc,mom. F.aur� r.
1. Items contained in TMC Section 18.104.060.
2�ompleto T�minary Short Pln npli cation Corm as nr�rescribed_ bby
City with fee as identified in TMC Chapter 18.88.
3. Completed Application Checklist.
4 complete SEPA Checklist application if project is not exempt from SEP
5. Complete applications for other required land use approvals.
6. A vicinity map showing location of the site.
7. A survey prepared to the standards identified in TMC Section 17.04.060.
8. Site and development plans that provide the following information:
a. The owners of adjaccnt land and the names of any adjacent
subdivisions.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
Page 9 of 45
99
ines marking the bog indaries of the existing lots) (any existing lot to be
eliminated should be a dashed line and so noted).
c. Locations of existing and proposed public street rights of way and
easements and private acccss Basements.
d. Location, floor area and setbacks of all existing structures on the site.
e I of area lot lino dimensions and average widths for each lot
,
f Location of proposed new property lines and n„mbcring of each lot.
e
Provide recorded documents that identify the nature and extent of existing easements.
h. Location of any proposed dedications.
i Ex sting and proposedd to aph � wot o foeet—con 1r int s,
extending to five fcct bcyond the project boundarics.
j Location of any critF�t reas and criticall aare queers /slonpyes 15% oor
greater, wetlands or watercourses) on the site.
L tion ci spe c of any trees located within a critical area or
��eF.arrvrrsr� "'' ff'"' c cr���vca ccc carurccrvr
its buffer or the shoreline zone unless none of these trees are to be removed and their
chapter8.54, " Irban Forestry and Ta r�ree Rcegtulations "
h Location of existing and/or proposed fire hydrants to serve the project.
drainage facilities and roads to serve the lots.
n. Expected location of new buildings and driveways, including finished
floor elevations of the buildings.
Q I etter of water f provider is oth r n City of
�. �ccccT-vr�rac r ��-rry
Tukwila.
B. Review Procedures:
1. Referral to Other Departments: Upon receipt of an application for a short
subdivision, the Director shall transmit one copy ofroute the application to each member
of the Short Subdivision Committee and one copy to any department or agency
deemed necessary.
2. Short Subdivision Committee Decision: The Short Subdivision Committee
may approve, approve with modifications, or deny the application fora short subdivision
pursuant to Type 2 permit procedures. No formal meeting of the Committee is required
so long as the Chair obtains the recommendations and consent of the other members of
the Committee before issuing a decision.
C. Criteria for Preliminary Short Subdivision Plat Approval: The Short
Subdivision Committee shall base its decision on an application on the following criteria:
1. The proposed Short Plat -Subdivision is in conformance with the Tukwila
Comprehensive Plan, and any other such adopted plans.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
100
Page 10 of 45
2. Appropriate provisions have been made for water, storm drainage, erosion
control and sanitary sewage disposal for the short plat that are consistent with current
standards and plans.
3. Appropriate provisions have been made for road, utilities and other
improvements that are consistent with current standards and plans.
4. Appropriate provisions have been made for dedications, easements and
reservations.
5. The design, shape and orientation of the proposed lots are appropriate to
the proposed use for which the lots are intended and are compatible with the area in
which they are located.
6. Appropriate provisions for the maintenance of commonly owned private
facilities have been made.
7. The short plat subdivision complies with the relevant requirements of the
Tukwila Subdivision Ordinance.
8. The short plat subdivision complies with the requirements of the Tukwila
Zoning Ordinance and other relevant local regulations.
D. Minor and Major Modifications to a Preliminary Short Plat sucoaivision
Approval:
1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 2 decision, based
on review and recommendations of the Short Subdivision Committee. The Director may
include conditions as part of an approval of a minor modification to ensure conformance
with the criteria below. Minor modifications are those which:
a. Do not increase Jr decrease the number of lots beyond the number
previously approved , or which maintain the number of Iotc or that decrease the number
of Into in the subdivision below the number previously approved
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the project by 10% or more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access point to an exterior street.
d. Do not alter the exterior boundaries of the project.
e. Are consistent with applicable development standards and will not cause
the short plat to violate any applicable City policy or regulation.
f. Are consistent with the conditions of the preliminary approval, provided
that a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17.12.020.D.a - e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, or other substantive requirement or
Exhibit B: Title 17 Repeal and Reenact Page 11 of 45
Version: 7/31/24
101
provision. If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
7.12.040 Expiration of Preliminary Approval
A. If the preliminary short subdivision is not recorded within three (3) years of the
date of preliminary short subdivision approval, the preliminary short subdivision
application shall become null and void.
B. Where all conditions of approval of the preliminary short subdivision have been
satisfied, and all required documents have been submitted within the three (3) year filing
period, the Director may grant a single extension of up to one hundred eighty (180) days
for the processing and recording of the final short subdivision.
17.12.030050 Final ApplicationsShort Plat Approval
A. Application Requirements: Applications for final short subdivisions shall meet
the permit submittal requirements found at TMC 18.104.060.The following itcms arc
required, in quantities specified by DCD, for a complete application for final short plat
approval. _Items may be waived if in the judgment of the Short Subdivision Committee
said items are net applicable to the particular proposal•
1. Completed Short Plat Final Approval Form.
2. Completed Application Checklist.
3. Documentation of the square footage of each lot and mathematical
boundary- sur er subdivision of each lot and block, of street centerlines, showing
the error of closure, if any.
/l . A final survey which complies with the standards set forth in TMC 17.04.060
and with all certificates signed except for those to be signed by the City and those to be
signed at recording.
5. A title insurance report confirming that the title of the land in the proposer
certificate.
6. A bond in a form acceptable to the City Attorney pursuant to TMC 17.24.030
if improvements are to be deferred.
7. Legal descriptions of all the tracts located within the boundaries of the short
plat.
8. As built plans for all new roads -and -utilities,
9. Binding maintenance agreements to provide for the maintenance of
commonly owned private facilities.
10. Signatures on the following certificates on the face of the plat (when
appropriate) from the surveyor that prepared the plat, the King County Tr surer, S ttic
certificate of dedication as identified in TMC 17.04.060.
B. Final Approval Review Procedures:
Exhibit B: Title 17 Repeal and Reenact Page 12 of 45
Version: 7/31/24
102
1. The Short Subdivision Committee may grant final approval of the short
subdivision when they find the criteria listed in TMC 17.12.030C have been met. No formal
meeting of the Committee is required so long as the Chair obtains the recommendations
and consent of the other members of the Committee before issuing a decision.
2. Upon final approval of the short subdivisior plat, the applicant shall record
the plat and all other relevant documents with the King County Department of Records
and ElcctionsExecutive Services.— The subdividerapplicant is responsible for paying the
recording fee(s).—_Upon completion of recording, the applicant shall provide DCD the
Department with a copy of the recorded documents. The short plat shall not be considered
final until these documents have been provided to DCDthe Department.
C. Criteria For Approval: To grant final approval of a short subdivisionplat, the
Short Subdivision Committee must determine that it meets the following decision criteria:
1. All requirements for short subdivisions peas set forth in the Subdivision
Code are met.
2. All terms of the preliminary short subdivision plat approval have been met.
3. The requirements of Chapter RCW 58.17 RCW, other applicable state laws,
and any other applicable City ordinances have been met.
4. All required improvements have been installed in accordance with City
standards or an improvement agreement with financial guarantee pursuant to TMC
17.24.030 has been entered into by the applicant and accepted by the City.
5. That the subdivision plat is technically correct and accurate as certified by
the land surveyor responsible for the plat.
17.12.040 Expiration
If the short plat is not recorded within one year of the date of preliminary short plat
approval, the short plat shall bccomc null and void. Upon written requcst by the
subdivider prior to the expiration date, the Short Subdivision Committcc may grant one
cxtcnsion of not more than one year.
17.12.050060 Limitations on Further Subdivision
_Any land subdivided under the requirements of this chapter shall not be further
divided for a period of five (5) years without following the procedures for subdivision,
except when the short plat contains fewer Tots than allowed for a short platsubdivision, in
which case an additional short subdivision may be approved if the total number of
lots within the boundaries of the original short plat subdivision does not exceed nine (9).
17.12.060070 Contiguous Short Subdivisions Plats
A. No application for a short plat subdivision shall be approved if the land being
divided is held in common ownership with a contiguous parcel which has been divided in
a short subdivision plat within the preceding five (5) years and the total number of lots
created in both short subdivisions plats —would exceed nine (9). When the total number of
lots exceeds four (4) but is less than ten (10), the paving, curb, gutter and sidewalk shall
be provided per TMC 17.20.030C.6.c(1).
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
Page 13 of 45
103
17.12.07-0-080 Unit Lot Short Subdivisions Plats
A. Sites developed or proposed to be developed with townhouses, cottage
housing, compact single-family, or zero -lot -line units may be subdivided into individual
unit lots. The development as a whole shall meet development standards applicable at
the time the permit application is vested. Any private, usable open space for each dwelling
unit shall be provided on the same lot as the dwelling unit that it serves.
B. Subsequent platting divisions of the land,actions, or additions or modifications
to the structure(s)1 may not create or increase any nonconformity of the parent lot.
C. Access easements and joint use and maintenance agreements shall be
executed for use of common garage or parking areas, common open space (such as
common play areas), and other similar features, as recorded with the King County
Department of Records and ElcctionsExecutive Services.,-
D. Within the parent lot, required parking for a dwelling unit may be provided on a
different unit lot than the lot with the dwelling unit, as long as the right to use that parking
is formalized by an easement on the plat, as recorded with the King County Department
of Records and Elcction&Executive Services..-
E. The fact that the unit lot is not a separate buildable lot, and that additional
development of the individual unit lots may be limited as a result of the application of
development standards to the parent lot, shall be noted on the plat, as recorded with the
Director of the King County Department of Records and Elcction&Executive ServicesR.
F. Construction of townhouse dwelling foundations may commence prior to final
short subdivision approval, provided:
1. The proposed short subdivision plat has received preliminary approval, and
the necessary financial sureties have been filed to assure construction of required public
improvements;
2. Partial or complete construction of structures shall not relieve the
subdividerapplicant from, nor impair City enforcement of, conditions of subdivision
approval;
3. Construction shall not proceed beyond foundations, and units shall not be
rented or sold, nor occupancy permits issued, until final short plat approval is granted.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
104
Page 14 of 45
CHAPTER 17.14
DETAILED PROCEDURES
FOR LONG SUBDIVISIONS
Sections:
17.14.010 Scope
17.14.020 Decision Process
17.14.020030 Preliminary Applications Plat
17.14.040 Expiration of Preliminary Approval
17.14.030050 Final Applications Plat
17.14.040060 Phasing
17.14.050 Expiration
17.14.0-60070 Expiration Unit Lot Long Subdivisions
17.14.010 Scope
A. Any land being divided into ten (10) or more parcels, Tots, unit lots, tracts or
sites, for the purpose of sale or gift, any one of which is less than twenty (20acres in
size, or any land which has been divided under the short subdivision procedures within
five (5) years and is not eligible for further short plattingshort subdivisions, pursuant to
Section TMC 17.12.010, shall conform to the procedures and requirements of this
chapter.
17.14.020 Decision Process
A. Preliminary Long Subdivisions: Applications for preliminary long subdivisions
shall be processed as Type 3 decisions subject to the provisions of TMC 18.104.
B. Final Long Subdivisions:Applications for final long subdivisions shall be
processed as Type 2 decisions subject to the provisions of TMC 18.104.
17.14.020030 Preliminary Applications Plat
A. Decision Process. Applications for preliminary plat approval shall be processed
as a Type 3 decision (or Type 4 decision when there is an associated design review)
subject to the provisions of TMC Section 18.108.030 (or TMC Section 18.108.040).
AB. Application Requirements:— Applications for preliminary long subdivisions
shall meet the permit submittal requirements found at TMC 18.104.060.The following
items are required, in quantities specified by the City, fo complete appllication—fGr
items are not applicable to the particular proposal•
1. Completed Preliminary Plat Application Form and fee, as identified in TMC
Chapter 18.88.
2. Completed Application Checklist.
3 complete SEP Checklist application if project is not exempt from SEP
v.
4. Complete applications for other required land use approvals.
5. A vicinity map showing location of the site.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
Page 15 of 45
105
6. A survey prepared to the standards identified in TMC Section 17.04.060.
7. All existing conditions shall be delineated. Site and development plans shall
provide the following information:
b. Lines marking the boundaries of the existing lot(s). (Any existing lot to be
eliminated should be a dashed line and so noted.)
c. Approximate names, locations, widths and dimensions of existing and
proposed public street rights of way and easements and private access easements,
parks and other open spaces, reservations, and utilities.
e. Lot area, dimensions and average widths for each lot.
f. Location of proposed new property lines and numbering of each lot.
g. Location, dimension and purpose of existing and proposer! easements
Provide recorded documents that identify the nature and extent of existing easements.
h. Location of any -pre -posed dedications.
i. Existing and proposed topography at two foot contour intervals extending
to five feet beyond project boundaries.
greater, wetlands or watercourses) on the site.
k. Locatier size a pe ' c of any trees -located with-i critical areas
location is not likely to create undue hardship on individual lots with respect to TMC
Chapter 18.54, "Urban Forestry and Tree Regulations."
I. Source of water supply, method of sewage disposal, and manner of surface
runoff control.
m. Location of existing and proposed fire hydrants to serve the project.
n. Description, location and size of existing and proposed utilities, storm
drainage facilities and roads to serve the lots.
o. A survey of existing trees and vegetation with a retention/removal plan for
the preservation of significant trees and vegetation.
p. Expected location of new buildings, their driveways and finished floor
elevations.
businesses) within 500 feet of the subdivision.
10. Items required by TMC Section 18.104.060 not already listed above.
Exhibit B: Title 17 Repeal and Reenact Page 16 of 45
Version: 7/31/24
106
BG. Review Procedures:
1. Referral to Other Offices: Upon receipt of a complete preliminary long plat
subdivision application, the Director shall transmit a notice of application and one copy of
the preliminary plat long subdivision application materials to each of the following offices,
where appropriate: Public Works, Building Division, Fire Department, Police Department,
King County Health Department, the appropriate school district, and each public utility
agency serving the area in which the property proposed for subdivisionlong subdivision
is located.
2. Departmental Review: The other interested departments and agencies
shall review the preliminary plat -long subdivision and may submit to the Department of
Community Development written comments with respect to the preliminary plat -long
subdivision decision criteria.
3. Public Notice and Public Hearing. The process for public notice, hearings,
decisions and appeals shall be as provided for Type 3 decisions (or Type 4 decisions if
the plat is combined with an associated design review) as identified in TMC Title 18,
"Zoning Code."
CO. Criteria for Preliminary Long fit -Subdivision Approval: The decision -
maker shall base its decision on an application for preliminary long plat subdivision
approval on the following criteria:
1. The proposed long subdivision is in conformance with the Tukwila
Comprehensive Plan and any other City adopted plans.
2. Appropriate provisions have been made for water, storm drainage, erosion
control and sanitary sewage disposal for the subdivisionlong subdivision that are
consistent with current standards and plans.
3. Appropriate provisions have been made for road, utilities and other
improvements that are consistent with current standards and plans.
4. Appropriate provisions have been made for dedications, easements and
reservations.
5. The design, shape and orientation of the proposed lots are appropriate to
the proposed use for which the lots are intended and are compatible with the area in
which they are located.
6. The proposed long subdivision complies with the relevant requirements of
the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations.
7. Appropriate provisions for maintenance of privately owned common
facilities have been made.
8. The proposed long subdivision complies with RCW 58.17.110.
DE. Minor and Major Modifications to an Approved Preliminary pIatLonq
Subdivision..-:
1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 2 decision, based
Exhibit B: Title 17 Repeal and Reenact Page 17 of 45
Version: 7/31/24
107
on review and recommendations of City departments including Public Works, Fire,
Building, and Planning. The Director may include conditions as part of an approval of a
minor modification to ensure conformance with the criteria below. Minor modifications are
those which:
a. Do not increase or decrease the number of lots beyond the number
previously approvedDo not increase thc numbcr of lots in thc subdivision bcyond the
number previously approved, or which maintain thc numbcr of lots, or that dccrcasc the
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the subdivisionlong subdivision by 10% or
more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access point to an exterior street from the plat.
d. Do not alter the exterior boundaries of the subdivisionlong subdivision.
e. Are consistent with applicable development standards and will not cause
the subdivisionlong subdivision to violate any applicable City policy or regulation.
f. Are consistent with the conditions of the preliminary approval, provided that
a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17.14.020.E.a-e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, or other substantive requirement or
provision. If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
17.14.040 Expiration of Preliminary Approval
A. The preliminary long subdivision application shall expire unless a complete
application for final lonq subdivision meeting all requirements of this chapter is submitted
to the Director within five (5) years of the date of preliminary long subdivision approval;
provided that the Director may extend a preliminary long subdivision pursuant to this
section.
B. Time Limitations: Extension(s) shall be requested in writing and are subject to
the criteria set forth in TMC 17.14.050.C. The extension(s) shall be subject to the following
time limitations:
1. Preliminary long subdivisions less than 100 acres that receive approval after
the effective date of this ordinance shall expire within five (5) years from the date of the
preliminary approval; provided that the applicant has the option of requesting a single 1-
year extension, for a maximum of six (6) years from the date of the preliminary approval
to the date of recording of the final phase.
2. Preliminary long subdivisions greater than 100 acres and that received
approval prior to the effective date of this ordinance shall expire within five (5) years from
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
108
Page 18 of 45
the date of the preliminary long subdivision approval; provided that the applicant has the
option of requesting up to three (3) extensions as follows: the first extension may be for
three (3) years, and each subsequent extension for not exceeding two (2) years each.
This allows for a maximum of twelve (12) years between the date of the preliminary
approval and the date of recording of the final phase.
C. Criteria for Granting Extensions: The following criteria shall be used to review
an extension request for a preliminary lonq subdivision:
1. A written request for extension is filed at least 30 days before the expiration
of the preliminary long subdivision; and
2. Unforeseen circumstances or conditions that are not the result of voluntary
actions of the applicant necessitate the extension of the preliminary lonq_subdivision; and
3. Conditions within the subject property or immediately adjacent to the subject
propert ry have not changed substantially since the preliminary long subdivision was first
approved; and
4. An extension of the preliminary long subdivision will not cause substantial
detriment to existing uses in the immediate vicinity of the subject property or to the
community as a whole; and
5. The applicant has demonstrated reasonable diligence in attempting to meet
the time limit imposed; and
6. The preliminary long subdivision complies with applicable City code
provisions in effect on the date the application for extension was made.
D. Process for Granting Extensions: Applicant shall request the extension in
writing prior to the expiration of the preliminary long subdivision approval. The request
shall include discussion of how it complies with the criteria listed under TMC 17.40.050.C.
The Director shall review and approve requests for an extension of a preliminary long
subdivision. The Director shall provide 14-day notice to all parties of record for the
preliminary long subdivision approval prior to making the decision on the extension. The
Director's decision will also be provided to all parties of record.
17.14.03005r Final Applications Plat
A. Application Requirements: Applications for final long subdivisions shall meet
the permit submittal requirements found at TMC 18.104.060.The following itcms arc
approval. Items may be waived if in the judgment of the Director said items are not
applicable to thc particular proposal:
1. Completed Application Form and fee as identified in TMC Chapter 18.88.
2. Completed Application Checklist.
3. Copies and one original of thc final plat survey in conformance with the
standards set forth in TMC Section 17.04.060.
1. A plat certificate from a title insurance company documenting the ownership
and title of all interested parties in thc plat, subdivision or dedication, and listing all
Exhibit B: Title 17 Repeal and Reenact Page 19 of 45
Version: 7/31/24
109
encumbrances. The certificate must bc dated within 45 calendar days prior to thc date
of filing the application for final plat approval
5. Private covenants intended to be recorded with the plat.
6. Any documentation necessary to demonstrate conditions of preliminary plat
approval have been met.
8. Maintenance agreements, easements and other documents ready for
recording.
9. Signatures on the following certificates on the face of the plat (when
appropriate) from thc surveyor that prepared thc plat, the King County Tr surer, S ttic
certificate f dedin , ction 17 0
��rmTccrc�eTcrccrcatte�--SST � � � �v4.
B. Final Plat Review Procedures. Applications for final plat approval shall bc
processed as a Type 2 decision subject to the provisions of TMC Section 18.108.020.
B. Review Procedures:
1. Referral to Other Departments and Agencies: The Director shall distribute
the final plat -long subdivision application to all departments and agencies who received
the preliminary platIonq subdivision, and to any other departments, special purpose
districts and other governmental agencies deemed necessary.
2. Departmental Approval: The other interested departments and agencies
shall review the final plat long subdivision and may submit to the Department of
Community Development written comments with respect to the final long subdivision plat
decision criteria. If the final long subdivision plat —is in order, the Public Works
DirectorDirector of Public Works shall sign the appropriate certificates on the mar
originalface of the plat.
3. Filing Final Long SubdivisionPlat:.
a. Before the final long subdivision plat is submitted to the Director, it shall
be signed by the City Treasurer (Director of the Finance Department Director) and the
Director of the Department of Public Works. Upon approval by the Director, it shall be
signed by the Mayor and attested by the City Clerk.
b. The applicant shall file the final long subdivision plat with the King
County Department of Records and ElectionsExecutive Services. The lone subdivision
plat will be considered complete when a copy of the recorded documents is returned to
the Director.
C. Criteria for Final Long Subdivision Approval: In approving the final lonq
subdivisionplat, the Director shall find:
1. That the proposed final long subdivision plat bears the required certificates
and statements of approval.
Exhibit B: Title 17 Repeal and Reenact Page 20 of 45
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2. That a title insurance report furnished by the subdividerapplicant confirms
the title of the land, and the proposed subdivisionlong subdivision is vested in the name
of the owner(s) whose signature(s) appears on the plat certificate.
3. That the facilities and improvements required to be provided by the
subdividerapplicant have been completed or, alternatively, that the subdividerapplicant
has submitted with the proposed final long subdivision plat a performance bond or other
security in conformance with TMC Section 17.24.030.
4. That the plat long subdivision- is certified as accurate by the land surveyor
responsible for the long subdivisionplat.
5. That the long subdivision p-l-at is in conformance with the approved
preliminary long subdivisionplat.
6. That the long subdivision plat meets the requirements of Chapter 58.17
RCW and other applicable state and local laws which were in effect at the time of
preliminary long subdivision plat approval.
17.14.040060 Phasing
A. Approval of Phasing Plan: The subdividerapplicant may develop and record
the sulaelivisionlong subdivision in phases. Any phasing proposal shall be submitted for
Hearing Examiner review at the time at which a preliminary long subdivision plat is
submitted. If there is an associated design review application, the phasing proposal and
ass Gei-ateel—p-rel-iminary—plat—may—lae—combined—with—the—cles-ign—review—application—and
submitted for Planning Commission review. _If modifications to an approved phasing plan
arc proposcd, thcy shall be rcsubmittcd for review by the original preliminary plat
decision maker. Approval of the phasing plan shall be based upon making the following
findings:
1. The phasing plan includes all land contained within the approved
preliminary long subdivisionplat, including areas where off -site improvements are being
made.
2. The sequence and timing of development is identified on a map.
3. Each phase shall consist of a contiguous group of lots that meets all
pertinent development standards on its own. The phase cannot rely on future phases for
meeting any City codes.
4. Each phase provides adequate circulation and utilities. Public Works has
determined that all street and other public improvements, including but not limited to
drainage and erosion control improvements, are assured. Deferment of improvements
may be allowed pursuant to TMC Chapter 17.24.
5. The first phase submitted for final subdivisionlong subdivision approval
must be recorded within five (5) years of the date of preliminary plat approval, unless an
extension is granted pursuant to TMC Section 17.14.050.B, TMC Section 17.14.050.0
and TMC Section 17.14.050.D.
Exhibit B: Title 17 Repeal and Reenact
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111
17.14.050 Expiration
Director within five years of the date of preliminary plat approval; provided that the Director
may extend a preliminary plat pursuant to this section.
the criteria set forth in TnnC Section 17.14.050.C. The extension(s) shall be subject to
the following time limitations:
1. Preliminary plats Tess than 100 acres that receive approval after the
cffcctivc datc of this ordinancc shall cxpirc within fivc years from thc datc of thc
date of recording of the final phase.
2. Preliminary plats greater than 100 acres and that received approval prior to
the effective date of this ordinance shall expire within five years from thc datc of thc
three extensions as follows: the first extension may be for three years, and each
final phase.
C. Criteria for Granting Extensions. The following criteria shall be used to review
an extension reg lest fora preliminary plat approval•
1. A written request for extension is filed at least 30 days before the expiration
of the preliminary plat• and
e
2 I Inforeseen circumstances or conditions that are not the result of vole rntary
3. Conditions within the subject property or immediately adjacent to the subject
/1. An extension of the preliminary plat will not cause substantial detriment to
whole; and
5. The applicant has demonstrated reasonable diligence in attempting to meet
the time limit imposed; and
6. The preliminary plat complies with applicable City code provisions in effect
on the date the application for extension was made.
Director shall provide 14 day notice to all parties of record for the preliminary plat approval
Exhibit B: Title 17 Repeal and Reenact Page 22 of 45
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provided to all parties of record.
E. Appealaocess for Extensions. The Director's decision regarding the extension
request may be appealcd to the H ring Examincr pursuant to TMC Chaptcr 18.116. The
presented to the Director.
17.14.060070 Unit Lot Long Subdivisions
A. Sites developed or proposed to be developed with townhouses, cottage
housing, compact single-family, accessory dwelling units, or zero -lot line units may be
subdivided into individual unit lots. The development as a whole shall meet development
standards applicable at the time the permit application is vested. Any private, usable open
space for each dwelling unit shall be provided on the same lot as the dwelling unit it
serves.
B. Subsequent platting subdivision actions, additions or modifications to the
structure(s) may not create or increase any nonconformity of the parent lot.
C. Access easements and joint use and maintenance agreements shall be
executed for use of common garage or parking areas, common open space (such as
common play areas), and other similar features, as recorded with the King County
Department of Records and Election ;Executive Services.
D. Within the parent lot, required parking for a dwelling unit may be provided on a
different unit lot than the lot with the dwelling unit, as long as the right to use that parking
is formalized by an easement on the plat, as recorded with the King County Department
of Records and ElectionsExecutive Services.
E. The fact that the unit lot is not a separate buildable lot, and that additional
development of the individual unit lots may be limited as a result of the application of
development standards to the parent lot, shall be noted on the plat, as recorded with the
Director of the King County Department of Records and ElcctionsExecutive Services.
F. Construction of townhouse dwelling foundations may commence prior to final
plat approval, provided:
1. The proposed long subdivision phas received preliminary approval, and
the necessary financial sureties have been filed to assure construction of required public
improvements;
2. Partial or complete construction of structures shall not relieve the
subdividerapplicant from, nor impair City enforcement of conditions of, subdivisionlonq
subdivision approval;
3. Construction shall not proceed beyond foundations, and units shall not be
rented or sold, nor occupancy permits issued, until final long subdivision plat approval is
granted.
Exhibit B: Title 17 Repeal and Reenact
Version: 7/31/24
Page 23 of 45
113
CHAPTER 17.16
DETAILED PROCEDURES FOR
BINDING SITE IMPROVEMENT PLANS (BSIPS)
Sections:
17.16.010 Purpose
17.16.020 Applicability
17.16.030 Decision Process
17.16.930040 Preliminary Applications Binding Site Improvement Plan (BSIP)
Approval
17.16.940050 Expiration of Preliminary ApprovalFinal Approval of Plan
17.16.050060 Final Applications Improvements
17.16.0-60070 Improvements -Revision of Plan
17.16.070 Expiration
17.16.080 Alterations and Vacations
17.16.010 Purpose
This chapter is established to:
1-. This chapter is established to:
1. Provide an optional process for land under single ownership to be divided
for the purpose of sale or lease;
2. Accommodate the division of land for the purpose of sale or lease of
property within an integrated commercial or industrial center, which allows certain zoning
standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the
individual lots to be modified provided the standards for the entire center are met;
3. Facilitate alternative ownership options by allowing Binding Site
Improvement PlansBSIPs in conjunction with a condominium process for residential,
commercial, or industrial purposes (RCW 64.34);
4. Allow phased infrastructure improvements for large tracts of land.
17.16.020 Applicability
A. Eligibility: A Binding Site Improvement PIanBSIP application may be submitted
for a project located on any land zoned multi -family, commercial, or industrial, consistent
with the terms of this chapter.
B. Construction Authorization Through Other Permits: A Binding Site
Improvement PIanBSIP creates or alters existing lot lines. A Binding Site Improvement
PIanBSIP does not authorize construction. Construction is permitted upon approval of
construction and building permits that implement the Binding Site Improvement PIanBSIP.
17.16.030 Decision Process
A. Applications for BSIPs shall be processed as Type 2 decisions subject to the
provisions of TMC 18.104.
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Page 24 of 45
17.16.030040 Preliminary Applications Binding Site Improvement Plan (BSIP)
aPP-roval
A. Application ;equirements/Fcc&:— Applications for preliminary BSIPs shall
meet the permit submittal requirements found at TMC 18.104.060.The following items arc
application. Items may be waived if, in thc judgmcnt of the Short Subdivision Committee,
said items are not applicable to the particular proposal:
1. Completed Binding Site Improvement Plan Application Form as prescribed
by the DCD Director with fee as identified in TMC Chapter 18.88.
2. Completed Application Checklist.
3. A complete SEPA Checklist application if project is not exempt from SEPA.
4 mpl-ete appli-catioa-s forother req-u-i-red-land- use a eva-l-s.
5. A vicinity map showing location of the site.
6. A survey prepared to the standards specified in TMC 17.04.060.
7. Site and development plans which provide thc following information. The
demonstrate the Binding Site Improvement Plan meets the ordinance requirements, on
sheets in record of survey format:
a. The owners of adjacent land and the names of any adjacent subdivisions.
b. Lines marking thc boundarics of thc cxisting lot(s) (any cxisting lot to be
eliminated sho ld be a dashed lino and cn noted\
c. Locations of existing and proposed public street rights of way and
ascmcnts and private access easements.
e. Lot area, lot line dimensions and average widths for each lot.
f. Location of proposed new property lines and numbering of each lot.
g. Location, dimension and purpose of existing and proposed easements.
Provide recorded documents that identify the nature and extent of existing easements.
h. Location of proposed dedications.
Existing and proposed topography at two foot contour intervals
cxtcnding to five fcct bcyond thc project boundarics.
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a sensitive ar a or its
buffer or the shoreline zone unless none of these trees are to be removed and their
Chapter 18.54.
Location of existingproposed fire hydrants to serve the project.
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m. Description, location and size of existing and proposed utilities, storm
drainage facilities and roads to serve the lots.
n. Expected location of new buildings and driveways, including finished floor
cicvations of the buildings. This rcquircmcnt may be waivcd by the Responsible Official
for long term, phased developments where a phasing plan -is required.
Tukwila.
9. Parking calculations to demonstrate -that the re irements of TMC Chapter
18.56 have been met.
10. Proposed cross easement and maintenance agreement for shared parking,
circulation, utility and landscaping improvements.
Ptah
review criteria.
13. Estimated construction schedule with phasing plan and schedule.
14. Additional requirements for condominiums: Provide the following
sprinkler, and occupancy classification.
15. Items contained in TMC 18.104.060 not already listed above.
B. Review Procedures: Applications for preliminary Binding Site
Improvement PIan,SIPs shall be reviewed and acted upon in the same manner
prescribed in TMC 17.12.0:)20(B1 for preliminary short subdivisions.
C. Approval Criteria:
1. Prior to approval of any Binding Site Improvement PIanBSi, , the Short
Subdivision Committee shall insure ensure that the following improvements are provided
to sufficiently service the anticipated uses throughout the proposed plan and the decision
criteria that follow are met:
a. Adequate water supply.
b. Adequate sewage disposal.
c. Appropriate storm drainage improvements.
d. Adequate fire hydrants.
e. Appropriate access to all anticipated uses within the plan.
f. Provision for all appropriate deed, dedication, and/or easements.
g. Monumentation of all exterior tract corners.
2. Legal Lots:
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a. Residential Binding Site Improvement Plan''SIPc• shall consist of one or
more contiguous legally -created lots and each lot shall meet the minimum dimensional
requirements of the applicable zone or overlay district.
b. If the site will contain commercial or industrial uses, or mixed -use
commercial and residential uses, the lots shall meet the minimum dimensional
requirements of the zoning district or meet the definition of "integrated site" in TMC
Chapter 18.06, such that when taken as a whole and not considering interior lot lines, the
integrated site meets all applicable zoning and subdivision requirements.
3. Appropriate easements and maintenance agreements for shared facilities,
including but not limited to, circulation, parking, utilities and landscaping, have been
provided.
4. Modifications to the minimum zoning standards for individual lots located
within the integrated site -- including setbacks, parking, landscaping, lot area and lot
dimension -- are not detrimental to the public health, safety and welfare, do not adversely
affect the rest of the integrated site or other properties in the vicinity, and do not impede
planned street, trail or pedestrian networks for the neighborhood or district.
5. Common improvements necessary to serve any particular phase of
development must be sufficient for meeting the zoning and subdivision requirements for
that phase.
6. Access to the integrated site meets the subdivision ordinance standards.
Access within the site provides for safe and efficient circulation and meets Fire
Department access requirements.
7. The circulation system incorporates appropriate provisions for safe
pedestrian activity to the site from the street and from building to building within the site.
8. The sign regulations shall be applied to the integrated site as a whole. For
example, the number of freestanding signs allowed is based on one site within the
Binding Site Improvement Planr3SII . Individual ownerships within the integrated site are
not considered to be separate sites in determining the number of freestanding signs
allowed.
9. The requirements of the Washington State Building Code are met.
10. Future Development: The Binding Site Improvement Plan shall contain
a provision requiring that any subsequent development of the site shall be in conformance
with the approved and recorded Binding Site Improvement Plantsbi - .
11. Dedication Statement: Where lands are required or proposed for dedication,
the applicant shall provide a dedication statement and acknowledgement on the Binding
Site Improvement Plan
12. Additional Approval Criteria for Binding Site Improvement PIanBSIPs
Proposing Condominium Ownership: Condominium developments are eligible for Binding
Site Improvement PIanBSI approval when the purpose of such approval is to divide the
property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32
or 64.34. A Binding Site Improvement Plan can only be approved when the
Exhibit B: Title 17 Repeal and Reenact Page 27 of 45
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development has already been constructed or when the approval has been obtained and
a building permit for an entire development or a portion of a development is issued.
13. Additional Approval Criteria for Phased Development: If the applicant
chooses to develop the property in a phased development, the applicant must execute a
development agreement with the City pursuant to RCW 36.70B.170 if one is not already
in place. This agreement shall govern, at a minimum, the use and development of the
property subject to the Binding Site Improvement PIanBSIP, including:
a. vesting applicable to subsequent permits;
b. the manner in which each phase of the development will proceed to
ensure that the roads and utilities necessary to serve each phase of the development are
constructed prior to the development of each phase;
c. expiration of the agreement and all provisions therein.
14. Consistency: The Binding Site Improvement PIanBSIP shall be consistent
with any City approved master plans and development agreements.
17.16.050 Expiration of Preliminary Approval
A. If the BSIP is not recorded within three (3) years of the date of the preliminary
BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to
the expiration date, the Short Subdivision Committee may grant one (1) extension of not
more than one (1) year.
B. Where all conditions of approval of the BSIP have been satisfied, and all
required documents have been submitted within the three (3) year filing period, the
Director may grant a single extension of up to one hundred eighty (180) days for the
processing and recording of the final BSIP.
17.16.040060 Final Applications
A. Application Requirements: Applications for final BSIPs shall meet the permit
requirements found at TMC 18.104.060.Prior to the plan being granted final approval, a
shall be submitted to the Short Subdivision Committee with the final plan. The survey
and plan shall be consistent with the preliminary approval.
B. Final Approval Review Procedures:
1. The Short Subdivision Committee may grant final approval of the BSIP
when they find that the survey, plan and other documents for recording are consistent
with the preliminary approval. No formal meeting of the Committee is required so long as
the Chair obtains the recommendations and consent of the other members of the
Committee before issuing a decision.
2. Upon final approval of the BSIP, the applicant shall record the plat and all
other relevant documents with the King County Department of Executive Services. The
applicant is responsible for paying the recording fee(s). Upon completion of recording, the
applicant shall provide the Department with a copy of the recorded documents. The BSIP
shall not be considered final until these documents have been provided to the
Exhibit B: Title 17 Repeal and Reenact
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Page 28 of 45
Department.Once the Short Subdivision Committee determines the survey, plan and
certified for filing by the chair of the Short Subdivision Committee.
C. After being certificd for filing by the Short Subdivision Committcc, Binding Site
returned to the Department of Community Development prior to issuance of any building
this filing.
CD. Binding Effect: Approved Binding Site Improvement PIanBSIPs shall be
binding and shall be enforceable by the City. All provisions, conditions and requirements
of the Binding Site Improvement PIanBSIP shall be legally enforceable on the purchaser
or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel
created pursuant to the Binding Site Improvement PIanBSIP.
17.16.050070 Improvements
A. Improvements: The following improvement requirements shall be met for each
Binding Site Improvement PIanBSIP prior to the issuance of a building permit for
construction within a Binding Site Improvement Plan SIP.
1. Improvements Required: Consistent with TMC Chapter 17.20, and subject
to any applicable development agreement, the following tangible improvements shall be
provided for, either by actual construction or a construction schedule approved by the City
and bonded by the applicant, before a Binding Site Improvement Plan may be
recorded:
a. grading and paving of streets and alleys;
b. installation of curbs, gutters, sidewalks, monuments, sanitary and storm
sewers, street lights, water mains and street name signs; together with all related
appurtenances thereto to .le specifications and standards of this code, approved by the
Short Subdivision Committee, and in accordance with other standards of the City.
A separate construction permit will be required for any such improvements, along with
associated engineering plans prepared per the City Drafting Standards.
2. Modifications: Proposals that contain commercial uses, industrial uses,
or mixed -uses Lcommercial and residential- uses, and that meet the definition of "inte-
grated site" in TMC 18.06, are not required to submit a modification request. _Where a
proposal is not eligible to be an "integrated site" or where the definition of "integrated site"
does not expressly allow for lar s dard/s\ modifications of
modification ofa-past+c�a�t ���T
improvement standards required in TMC Chapter 17.20 shall be made through the
exception process in TMC Chapter 17.28.
B. Phasing of Improvements: To satisfy improvement requirements, the Short
Subdivision Committee is authorized to impose conditions and limitations on the Binding
Site Improvement PIanBSIP. If the Short Subdivision Committee determines that any
delay in satisfying requirements will not adversely impact the public health, safety or
welfare, the Committee may allow requirements to be satisfied prior to:
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119
1. I+ssuing the first building permit for the site; or
2. pPrior to issuing the first building permit for any phase; or
3. Pprior to issuing a specific building's certificate of occupancy; or
4. iln accordance with an approved phasing plan; or
5. -In accordance with plans established by a development agreement or as
otherwise permitted or required undcr City codcby the TMC.
17.16.060070 Alterations and Vacations Revision -of -plan
A. Alteration: Alteration of an approved Binding Site Improvement PIanBSIP,
excluding standard easements for utilities and lot line adjustments, shall be accomplished
following the same procedures required for a new Binding Site Improvement PIanBSIP
application as set forth in this chapter; provided, that only owners of Tots within the Binding
Site Improvement PIanBSIP that are directly affected by the proposed alteration shall be
required to authorize application for the alteration. If a property subject to a Binding Site
Improvement PIanBSIP approval is the subject of a development agreement, the
alteration of the approved Binding Site Improvement PIanBSIP shall not require an
amendment to the development agreement or approval by the City Council and, after
approval and recording, shall automatically be incorporated within the development
agreement unless otherwise provided in the development agreement.
B. Vacation: Vacation of a recorded Binding Site Improvement PIanBSIP shall be
accomplished by following the same procedures required for a new Binding Sitc Inn
provement PIanBSIP application as set forth in this chapter. If a portion of a Binding Site
Improvement PIanBSIP is vacated, the property subject to the vacation shall constitute
one lot, and the balance of the approved Binding Site Improvement PIanBSIP shall remain
as approved. Any non -conformities created by such a vacation must be remedied prior to
final approval of the vacation.— _If a Binding Site Improvement PIanBSIP property subject
to a Binding Site Improvement PIanBSIP approval is the subject of a development
agreement, the vacation of the approved Binding Site Improvement PIanBSIP, whether
total or partial, shall not require an amendment to the development agreement or approval
by the City Council and, after approval and recording shall automatically be incorporated
within the development agreement unless otherwise provided in the development
agreement.
17.16.070 Expiration
If the binding site improvement plan is not rccordcd within one y ar of thc date of the
preliminary BSIP, the BSIP shall become null and void. Upon written request by the
applicant prior to thc expiration date, thc Short Subdivision Committcc may grant ono
extension of not more than one year.
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Page 30 of 45
CHAPTER 17.20
DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND
Sections:
17.20.010 Applicability
17.20.020 Improvements, Supervision, Inspections and Permits Required
17.20.030 General Standards
17.20.010 Applicability
A. The standards contained in this chapter are to be used as the basic standards
for addressing the approval criteria for subdivisions, short plats, boundary line
adjustments lot consolidations, and binding site improvement planBSlPs. The decision
making entity may require additional standards be met if it is determined necessary to
meet the approval criteria for a particular application.
17.20.020 Improvements, Supervision, Inspections and Permits Required
A. Required Improvements: Every subdividerapplicant may be required to grade
and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary
and storm sewers, water mains, fire hydrants, street lights and name signs, together with
all appurtenances in accordance with specifications and standards of this code, approved
by the Public Works Department, and in accordance with other standards of the City.
B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable
to the Department of Public Works, shall be responsible for the supervision and inspection
of all subdivision improvements. All improvements shall be certified in writing as
completed in accordance with plans and specifications as approved by the Department
of Public Works.
C. Permits: Prior to proceeding with any subdivision improvements, the
subdividerapplicant shall obtain those permits from the City as are necessary. The
subdividerapplicant is also responsible for complying with all applicable permit
requirements of other Federal, State and local agencies.
17.20.030 General Standards
A. Environmental Considerations:
1. Critical Areas:
Land that contains a critical area or its buffer as defined in TMC Title 18,
or is subject to the flood zone control ordinance as defined in TMC Chapter 16.52, shall
be platted subdivide to reflect the standards and requirements of the critical areas
overlay zone, TMC Chapter 18.45 (Environmentally Critical Areas), and/or the planned
residential development overlay if required pursuant to TMC Chapter 18.46 (PRD -
Planned Residential Development), and/or the flood zone control ordinance, TMC
Chapter 16.52 (Flood Plain Management).
b. No lot shall be created that does not contain an adequate building site,
given the environmental considerations of the lot and current development standards.
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121
2. Trees: In addition to meeting the requirements of TMC Chapter 18.54_(
Urban Forestry and Tree Regulations" every reasonable effort shall be made to
preserve existing trees and vegetation, and integrate them into the subdivision's design.
B. Compatibility with Existing Land Use and Plans:
1. Buffer Between Uses: Where single-family residential subdivisions are to
beproposed adjacent to multiplc-family, commercial, or industrial land use districts, and
where natural separation does not exist, adequate landscape buffer strips and/or solid
fences for screening shall be provided.
2. Conformity with existing plans: The location of all streets shall conform to
any adopted plans for streets in the City. If a subdivision is located in the area of an
officially designated trail, provisions may be made for reservation of the right-of-way or
for easements to the City for trail purposes. The proposed subdivision shall respond to
and complement City ordinances, resolutions, and comprehensive plans.
3. Other City Regulations: All subdivisions shall comply with all adopted City
regulations. In the event of a conflict, the more restrictive regulation shall apply.
4. Accessory Structures: If a subdivision, short platsubdivision, or boundary
line adjustment in a residential zone would result in an accessory structure remaining
alone on a lot, the structure must be demolished before preliminary approval, or the owner
must provide a bond or other financial guarantee acceptable to the Director in the amount
of 150% of the cost of demolition and assurance that the accessory structure will be
demolished if a residence primary use is not built established on the lot within 12 months
of final approval.
CB. Utilities.
1. Generally. All utilities designed to serve the subdivision shall be placed
underground and, if located within a critical area, shall be designed to meet the standards
of the critical areas overlay zone. Those utilities to be located beneath paved surfaces
shall be installed, including all service connections, as approved by the Department of
Public Works; such installation shall be completed and approved prior to application of
any surface materials. Easements may be required for the maintenance and operation of
utilities as specified by the Public Works Department.
2. Sanitary Sewers:.- Sanitary sewers shall be provided to each lot at no cost
to the City and designed in accordance with City standards. Septic systems may be
installed when approved by the Seattle -King County Department of Public Health and
when the existing sewer system will not be available to the lot within the life of the
preliminary approval.
3. Storm Drainage..-: The storm drainage collection system shall meet the
requirements of the City's stormwater ordinance standards (TMC Chapter 14.28).
4. Water System:.- Each lot within a proposed subdivision shall be served by a
water distribution system designed and installed in accordance with City standards.
Locations of fire hydrants and flow rates shall be in accordance with City standards and
the Uniform Fire Code.
DE. Blocks:.
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1. Length:.- Residential blocks should not be less than 300 feet nor more than
1.000 feet in length (600 - 2.000 feet for commercial and industrial areas). Where
circumstances warrant for the purpose of implementing the Comprehensive Plan, the
Dlannin„ Commiooi„nDirector may require one or more public pathways of not less than
six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely
across the width of the block to connect public rights -of -way.
2. Width:.- Blocks shall be wide enough to allow two tiers of lots, except where
abutting a major street or prevented by topographical conditions or size of the property,
in which case the Director may approve a single tier.
3. Pedestrian Considerations:.- Blocksroadsand pedestrian improvements.
shall be designed to provide a safe and convenient pedestrian network.
EF. Lots::
1. Arrangement:.- Insofar as practical, side lot lines shall be at right angles to
street lines or radial to curved street lines. Each proposed lot mustshall have access to a
public street t is v dam— e timof Teview.;_New however, rather than
deci^ninn fflaa lots shall not be permitted. —Aaccess requirements challmav be
accomplichedmet withby establishing common drive easements.
2. Lot Design:.- The lot area, width. shape, and orientation1 shall be appropriate
for the location of the subdivision, for the type of development and land use contemplated,
and shall conform with the requirements of the zoning ordinance.
3. Corner Lots:.- Corner lots may be required to be platteddesigned with
additional width to allow for the additional side yard requirements.
FG. Landscaping:
1. Each lot within a new subdivision or short plat of five (5) lots or greater shall
be landscaped with at least one (1) tree in the front yard to create a uniform streetscape.
2. Landscaping shall conform with Public Works standards.
GH.Street Signs_: The subdividerapplicant shall be responsible for the initial cost of
any street name or number signs, or street markings, including installation thereof, that
Public Works finds necessary for the subdivision.
H. Lighting:.- Street lighting shall conform to the Department of Public Works
standards unless the Public Works DirectorDirector of Public Works re uires alternative
fixtures, poles, and/or spacing to contribute to an overall design concept of the
subdivision.
I�. Monumentation:-
1. Imprinted Monument:.- All monuments set in subdivisions shall be at least
1/2 inch x 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the
license number of the land surveyor setting the monument.
2. Centerline Monument: After paving, except as provided in TMC Section
17.20.030.J.5, monuments shall be driven flush with the finished road surface at the
following intersections:
a. Centerline intersections.
Exhibit B: Title 17 Repeal and Reenact Page 33 of 45
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123
b. Points of intersection of curves if placement falls within the paved area;
otherwise. at the beginnings and endings of curves.
c. Intersections of the plat boundaries and street center lines.
3. Property Line Monumentation:- All front corners, rear corners, and
beginnings and endings of curbs shall be set with monuments, except as provided in TMC
Section 17.20.030.J.5. In cases where street curbs are concentric and/or parallel with
front right-of-way lines, front property line monumentation may be provided by brass
screws or concrete nails at the intersections of curb lines and the projections of side
property lines. If curb monumentation is used, it shall be noted on the plat, and also that
such monumentation is good for projection of line only and not for distance.
4. Post-Monumentation:- All monuments for exterior boundaries of the
subdivision shall be set and referenced on the plat prior to plat recording. Interior
monuments need not be set prior to recording if the developer certifies that the interior
monuments shall be set within 90 days of final subdivision construction inspection by the
Department of Public Works. and if the developer guarantees such interior
monumentation.
5. Post-Monumentation Bonds:,- In lieu of setting interior monuments prior to
final plat recording as provided in TMC Section 17.20.030.J.3. the Public Work&
DirectorDirector of Public Works may accept a bond in an amount and with surety and
conditions satisfactory to the Director. or other secure method as the Public Work&
DirectorDirector of Public Works may require. providing for and securing the actual setting
of the interior monuments.
JG. Streets:
1. Extension: Proposed street systems shall extend existing streets at the
same or greater width, unless otherwise approved by the Department of Public Works
and authorized by the Director in approval of the plat. Where appropriate, streets shall be
extended to the boundaries of the plat subdivisior to ensure access to neighboring
properties. The City's goal is to have an integrated system of local streets whenever
practical. Grading of steep topography may be necessary to achieve this objective.
However, in critical areas, the layout and construction of streets shall follow the standards
and procedures of critical areas overla„ zoneTMC 18.45. Dedication of additional
right-of-way may be required for a short plat when it is necessary to meet the minimum
street width standards or when lack of such dedication would cause or contribute to an
unsafe road or intersection.
2. Names: All proposed street names or numbers shall be subject to approval
by the Department of Community Development.
3. Intersections: Any intersection of public streets, whatever the classification,
shall be at right angles as nearly as possible and not be offset insofar as practical.
4. Street layout: Street layout shall provide for the most advantageous
development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation
of street layout shall take into consideration potential circulation solutions. While it is
important to minimize the impact to the topography from creating an integrated road
system, improved site development and circulation solutions shall not be sacrificed to
Exhibit B: Title 17 Repeal and Reenact
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Page 34 of 45
minimize the amount of cut and fill requirements of the proposal. Where critical areas are
impacted, the standards and procedures for rights -of -way in the critical areas
zoncTMC 18.45 shall be followed.
5. Private Access Roads:
a. Private access roads may be authorized ifshall only be authorized when
they meet the following criteria:
(1)a: Allowing private access roads in the area being subdivided will not
adversely affect future circulation in neighboring parcels of property; and
(2)b Adequate and reasonable provisions are made for the future
maintenance and repair of the proposed private access roads; and
(3)67 The proposed private access roads can accommodate potential full
(future) development on the lots created; and
(4)d: For residential subdivisions, the proposed private access roads do
not serve more than four (4) lots nor are more than 200 feet in length. Those access roads
150 feet or greater in length shall have a turnaround built to Fire Department standardsi
o r-
(5)e: For commercial and industrial subdivisions, when private access
roads are authorized, there shall be a minimum easement width of 40 feet. With the
exception of minimum easement widths, private access roads shall be designed and
constructed in accordance with the Department of Public Works standards, and zoning
setbacks shall be required as though the easement were a public right-of-way.
b. The minimum total width of the easement or tract, and the minimum width
of the roadway pavement for private access roads shall be as shown in the following
table. The minimum width shall be used unless the City Engineer demonstrates a wider
width is needed due to site circumstances, including but not limited to topography, traffic
volume, street patterns, on -street parking, lot patterns, land use and bike and transit
facilities, that justify an increase in width.
Type of
Total Width
Roadway
Private
Pavement
Access Road
Width
Residential
20 feet
20 feet
Commercial
40 feet
28 feet
6. Public Roads:
a. Roads that do not meet the criteria found at TMC 17.20.030(C)(5) shall
be designated as public roads.
b. The minimum total width of the rRight-of-way and the minimum width of
the roadway paving widthspavement -for public roads shall be based as shown in the
following table. The minimum paving and right of way width shall be used unless the City
Engineer demonstrates a wider width is needed due to site circumstances, including but
not limited to topography, traffic volume, street patterns, on -street parking, lot patterns,
land use and bike and transit facilities, that justify an increase in width.
Exhibit B: Title 17 Repeal and Reenact
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125
Type of Street
Principal -Arterial
Minor Arterial
Collector Arterial
Right -of -Way
Accesc Road
80 100 feet
60 80 feet
60 80 feet
50 60 feet
Roadway Pavement
Cul De Sac
Roadway
Turnaround
Alley
/10 feet
92 feet (dia.)
20 feet
Private Acce: c Roads
Rcsidcntial
Commercial
20 feet
/10 feet
/18 81 feet
36 61 feet
24 48 feet
28 36 feet
26 feet
81 feet (dia.)
15 feet
20 feet
28 feet
Type of Road
Total Right -of -Way
Roadway Pavement
Width
Width
Principal Arterial
80 - 100 feet
48 - 84 feet
Minor Arterial
60 - 80 feet
36 - 64 feet
Collector Arterial
60 - 80 feet
24 - 48 feet
Access Road
50 - 60 feet
28 - 36 feet
Cul-De-Sac
Roadway
40 feet
26 feet
Turnaround
92 feet (dia.)
81 feettdia.)
Alley
20 feet
15 feet
cb. Design: Design: The design and alignment of all public streets shall
conform to the following standards unless otherwise approved by the Department of
Public Works:
(1) Cul-de-sacs: Cul-de-sacs are not allowed shall not be permitted unless
there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street
plan. When allewwedpermitted, they shall not exceed a length of 600 feet unless the City
determines that adequate alternative emergency access will be provided.
(2) Street Grades: Street grades shall not exceed 15%. However,
provided there are no vehicular access points, grades may be allowed up to 18%, for not
more than 200 feet when:
(a) Exceeding the grades would facilitate a through street and
connection with the larger neighborhood;
(b) The greater grade would minimize disturbance of critical slopes;
(c) The Fire Marshal grants approval of the grade transition; and
(d) Tangents, horizontal curves, vertical curves, and right-of-way
improvements conform to Department of Public Works standards.
Exhibit B: Title 17 Repeal and Reenact
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Page 36 of 45
G. Full Width Improvement:
(1) When interior to a subdivision or a hors plat of five (5) or more lots, all
publicly owned streets shall be designed and installed to full width improvement as
provided below:
(a) Shall be graded as necessary to conform to Department of Public
Works standards.
(b) Shall be of asphaltic concrete according to Department of Public
Works standards.
(c) Shall have permanent concrete curbs and gutters according to
Department of Public Works standards.
(d) Shall have storm drains consisting of the proper size pipe and catch
basins; sizes to be approved by the Department of Public Works prior to the public hearing
for the preliminary plaLubdivisio. .
(e) Shall have sidewalks provided at a minimum width as specified in
TMC Chapter 11.12.
(2) When interior to a short platsubdivision of four or fewer lots, all public
streets road and all privately owned streets road- that have the potential to serve five
(5) or more lots shall be designed and installed to full width improvement as provided
below:
(a) Shall be graded as necessary to conform to Department of Public
Works standards.
(b) Shall be of asphaltic concrete according to Department of Public
Works standards.
(c) Shall provide storm drainage to be approved by the Department of
Public Works.
(d) Shall provide sidewalk right-of-way or easements at a minimum width
as specified in TMC Chapter 11.12.
(e) Shall construct or provide L.I.D. no -protest agreements for
permanent concrete curbs, gutters, and sidewalks according to Department of Public
Works standards.
(f) Shall be dedicated to the City or subject to a binding agreement for
future dedication.
(3) All privately owned roads that will serve four or fewer houses
shall be designed and installed to full width improvement as provided below:
(a) Shall be graded as necessary to conform to Department of Public
Works standards.
(b) Shall be of asphaltic concrete according to Department of Public
Works standards.
Exhibit B: Title 17 Repeal and Reenact
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127
(c) Shall provide storm drainage to be approved by the Department of
Public Works.
e. Half Width Improvement:
(1) Streets abutting the perimeter of a subdivision or short plat of five (5) or
more lots shall provide the full improvements on the half of the street adjacent to the site,
provided additional paving may be required to ensure safe and efficient roads exist to
serve the subdivision; provided further that there are no physical obstructions to
completing the other half of the roadway; and that there is a minimum of 20 feet of paving.
(2) If the future grade or alignment of the adjacent public street is unknown
and it is not feasible to establish the grade in a reasonable period or the immediate
improvement of the street would result in a short, isolated segment of improved street
and similar street improvements in the vicinity are unlikely to occur within six years, the
City may approve a delay of improvements. The owner(s) must agree to enter into a
binding L.I.D. no -protest agreement to further improve the street to full public street
standards in the future; however adjacent streets must still be improved to the minimum
level necessary, in the judgment of the City Engineer, to safely accommodate traffic
generated by the proposed subdivision or short plat.
(3) Streets abutting the perimeter of a short plat ofsubdivision of four (4) or
fewer lots shall provide L.I.D. no -protest agreements for construction of frontal
improvements on the half of the street adjacent to the site, provided that there is a
minimum of 20 feet of paving.
D. Utilities.
1. Generally. All utilitics dcsigncd t serve thc subdivisi n shall be placed
a if [(scaled witi4in a er=itieal afe, a to mc-ct
of the critical areas overlay zone. Those utilities t be located beneath paved surfaces
a bai l be to , i 1-nag a#1 eowi€e oon.Rootkafts, as appfew.od by thcarartimtof
Public W rkc; such i nsta I lat4eig skl be Gemialetzed aed appfwe4s1 prior to woe of
of utilitics as spccificd by the Public Works Department.
2. Sanitary scwcrs. Sanitary scwcrs shall bc pr vidcd t each I t at n c st
to thc City and dcsigncd in accordance with City standards. Scptic systems may bo
preliminary appr val.
3. Storm drainage. The storm drainage collection system shall mcct tho
's ofel.ifhanoe 1-4.23),
4. Watcr systcm. Each I t within a pr poscd subdivision shall bc served by a
watcr distributi n systcm dcsigncd and installcd in acc rdancc with City standards.
thc Unif rm Firc C dc.
E. Blocks.
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1. Length. Residential bl cks should not be Icss than 300 feet nor more than
1,000 feet in Icngth, (600 2,000 feet for commcrcial and industrial areas). Whcro
circumstances warrant for the purpose of implementing the Comprchcnsivc Plan, the
Planning Commissi n may rcquirc nc or more public pathways of not Icss than six fcct
nor more than 15 feet in width, either by dedication or easement, to cxte-nd entirely acr ss
the width f the bl ck t c nncct public rights f way.
2. Width. Blocks shall bc wide enough to allow tw tiers of lots, cxccpt where
3. Pedestrian considerations. Blocks, roads and pcdcstrian improvements
shall be designed t provide a safc and convenient pedestrian nctw rk.
F. Lots.
1. Arrangcmc-nt. Insofar as practical, side lot lines shall bc at right anglcs to
street lines or radial to curvcd street Tines. Each lot must havc access to a public strcct
that is approvcd at the time of plat rcvicw; however, rather than designing flag lots, access
2. Lot dcsign. The lot area, width, shapc, and orientation shall bc appropriate
and shall c nform with thc rcquircmcnts of thc zoning ordinance.
3. Cer; er Iots-Cemer lets FFITly Lae required te
to all w for the additional side yard rcquircmcnts.
C. Landscaping.
1. Each lot within a new subdivision or sh rt plat f five I is or grcatcr shall bc
landccap d with at I as=t=aRe tree the to
2. Landscaping shall conform with Public Works standards.
H. Strcct Signs. The subdividcr shall be resp nsibl: _ _ - _ _ _ _ _ _
name or number signs, or strcct markings, including installation thereof, that Public Works
hems neeesca e
I. Lighting. Strcct lighting shall conform to the Department of Public Works
standards unlcss thc Public W rks Dircct r requires alternative fixtures, p Ics, and/ r
ooftoopt efthe sidismslMs,k9n.
J. M numcntati n.
1. Imprinted monument. All monuments set in subdivisions shall be at (cast
1/2 inch x 24 inch stccl bar r r d, r equivalent, with durable cap imprintcd with the
license number of the land surveyor setting the monument.
2. Ccntcrlinc m numcnt. Aftcr paving, cxccpt as pr vidcd in TMC Sccti n
f II wing intcrsccti ns:
a. Ccntcrlinc intersections.
b. Points of intcrscction of curvcs if placement falls within the paved area;
th rwico, at th and s of oury
Exhibit B: Title 17 Repeal and Reenact
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Page 39 of 45
129
c. Intcrsecti ns f the plat b undarics and street center Tines.
3. Pr perty line m numcntati n. All fr nt c rncrs, rear c rncrs, and
beginnings and endings of curbs shall be set with monuments, exec-pt as provided in TMC
front right-of-way lines, front property line monumcntation may be provided by brass
screws er-eoncrr to-naik at the ' of eu b s14o
pr perty lines. If curb monumcntation is used, it shall be noted on the plat, and also that
/I. Post m numc-ntation. All m numcnts f r cxtcrior b undarics f thc
. haft . - et a d refefeReeden tIgHe pat per to plat recce. lnt
De-partmc-nt of Public Works, and if thc developer guarantees such intcrior
monumcntation.
5. Post monumcntation bonds. In licu of sctting interior monuments prior to
final plat recording as provided in TMC Section 17.20.030.J.3, thc Public Works Director
may accept a bond in an amount and with surety and conditions satisfactory to thc
Direete-re-r-o414or=seour=e method as t=14e laublic Woks motor may ,
and securing the actual sctting of the intcrior monumcnts.
CHAPTER 17.24
PROCEDURES FOR
PUBLIC IMPROVEMENTS
Sections:
17.24.005010 Purpose
17.24.0-1-0020 Plans and Permits Required for Public Improvements
17.24.020030 Process for Installing Public Improvements
17.24.030040 Improvement Agreements and Financial Guarantees
17.24.005010 Purpose
A. It is the intent to have all infrastructure improvements required by a subdivision,
short plat, binding site improvement planBSIP, er-boundary line adjustment, or lot
consolidation, completed prior to final approval of the proposed land action. The City
realizes that there may be instances where the completion of the improvement may not
be the best course of action, including, but not limited to: final lift for the roadway,
completing sidewalks while development construction is ongoing, minor punch list items,
etc. In those instances, the Director of Public Works may accept a bond or other financial
security in lieu of the completion of the infrastructure improvements.
17.24.01-0020 Plans and Permits Required for Public Improvements
A. Approval of a preliminary platsubdivision, short plat, binding site improvement
planBSIP, er-boundary line adjustment, or lot consolidation, shall constitute approval for
the applicant to develop construction plans and specifications, for all facilities and
improvements, in substantial conformance to the preliminary approval, design standards,
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and any special conditions required by the Short Subdivision Committee; or Hearing
Examiner, or Planning Commission; to obtain permits and complete installation for said
improvements; and to prepare a final plat, plans, surveys and other documents for
recording.
B. Prior to installing improvements, the developer applicant shall apply for all
required permits for those improvements. The applications shall include development
plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for
additional guidance on standards and permit requirements for improvements in the public
right-of-way.]
17.24.020030 Process for Installing Public Improvements
A. All required and not -required improvements installed by the developer of the
subdivision or short plat, either as a requirement or of the subdividers own option, shall
conform to the requirements of this title and improvement standards, specifications,
inspections and procedures as set forth by the Department of Public Works, and shall be
installed in accordance with the following procedures:
1. Work shall not be commenced until plans have been checked for adequacy
and approved by the Department of Public Works to the extent necessary for the
evaluation of the subdivision or short plat proposal. Plans shall be prepared in accordance
with the requirements of the City.
2. Work shall not commence until the Department of Public Works has been
notified in advance and, if work has been discontinued for any reason, it shall not be
resumed until the Department of Public Works has been notified.
3. Public improvements shall be constructed under the inspection and to the
satisfaction of the Director of Public Works. The City Director of Public Works may require
changes in typical sections and details if unusual conditions arise during construction to
warrant the change.
4. All underground utilities, sanitary sewers and storm drains installed in the
streets by the developer of the subdivision or short plat shall be constructed prior to the
surfacing of streets. Stubs for service connections and underground utilities and sanitary
sewers shall be placed to a length obviating the necessity for disturbing the street
improvements when surface connections are made.
5. Plans showing all improvements as built shall be filed with the City upon
completion of the improvements.
17.24.030040 Improvement Agreements and Financial Guarantees
A. Required Improvements: Before any final subdivision, short plat, binding sitc
improvement planBSIP, or boundary line adjustment, or lot consolidation is finally
approved, the subdivider applicant shall install all required improvements and replace or
repair any such improvements which are damaged in the development of the subdivision.
In lieu of the completion of the actual construction of all required improvements (public
and private) and prior to the approval of a final plat, the Director of Public Works Director
may accept a bond in an amount and with surety and conditions satisfactory to the
Exhibit B: Title 17 Repeal and Reenact
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131
Director of Public Works, or other secure method, providing for and securing to the City
the actual construction and installation of all required improvements. This is in addition to
the requirements of TMC Chapter 11.08 requiring a performance bond for all work being
done in the public right-of-way. If the Director of Public Works Director accepts a bond for
the completion of the work, the subdividerapplicant shall execute and file with the City an
agreement guaranteeing completion of such improvements together with any needed
replacement or repair. The agreement shall:
1. Specify the period of time within which all work required shall be completed.
The time for completion shall not exceed one year from the date of final approval of the
subdivision. The agreement may provide for reasonable extensions of time for completion
of work. Extensions must be requested, approved by the Director of Public Works
Director, and properly secured in advance of the required initial completion date.
2. Require notice by the subdividerapplicant to the Public Works
DirectorDirector of Public Works promptly upon completion of all required improvements.
3. Provide for notice of approval or disapproval by the Public Works
DirectorDirector of Public Works of the improvement within a reasonable time after
receiving notice of completion.
4. Require financial security to be provided by the subdividerapplicant
pursuant to TMC Section 17.24.030.C.
5. Provide that, if the subdividerapplicant fails to complete all required work
within the period specified, the City may take steps to demand performance of the
developer's obligation within a reasonable time not to exceed 90 days from the date of
demand.
6. Provide that, if the required improvements are not completed within that
time, the City may take action to require the subdividerapplicant to forfeit the financial
security.
7. Provide that the City shall be entitled to recover all costs of such action
including reasonable attorney's fees.
8. Provide that, following recovery of the proceeds of the financial security,
those proceeds shall be used to complete the required improvements and pay the costs
incurred.
9. Provide that, should the proceeds of the financial security be insufficient for
completion of the work and payment of the costs, the City shall be entitled to recover the
deficiency from the subdividerapplicant.
B. Maintenance Agreement: Regardless of whether all required improvements
are completed prior to final approval of any subdivision of land, as a condition of such
approval the subdividerapplicant shall execute an agreement to assure successful
operation of said improvements. [Note: See TMC Section 11.08.110 for details.] The
agreement shall:
1. Require the subdividerapplicant to post a bond or other financial security to
secure successful operation of all required improvements and full performance of the
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developer's maintenance obligation. Such financial security shall be effective for a two-
year period following approval of installation of all required improvements.
2. Require the subdividerapplicant to perform maintenance functions on
drainage improvements for a period of time not to exceed two years from approval of their
completion or final plat approval, whichever is later. Such maintenance functions shall be
specified by the Public Works DirectorDirector of Public Works, and shall be reasonably
related to the burdens that the subdivision will impose on drainage facilities during the
time maintenance is required. The City may agree to accept and perform maintenance of
the improvements, in which case the subdividerapplicant's obligation to perform
maintenance functions shall terminate.
3. Not relieve the subdividerapplicant of liability for the defective condition of
any required improvements discovered following the effective term of the security given.
4. Provide a waiver by the subdividerapplicant of all claims for damages
against any governmental authority, which may occur to the adjacent land as a result of
construction, drainage, and maintenance of the streets and other improvements.
C. Performance Bond: To assure full performance of the agreements required
herein, the subdividerapplicant shall provide one or more of the following in a form
approved by the City Attorney:
1. A surety bond executed by a surety company authorized to transact
business in the State of Washington.
2. An irrevocable letter of credit from a financial institution stating that the
money is held for the purpose of development of the stated project.
3. An assignment of account with a financial institution which holds the money
in an account until such time the City signs a written release. The assignment of account
will allow the City to withdraw the funds in the event the provisions of the agreement are
not met.
4. A cash deposit made with the City of Tukwila.
D. Amount of Financial Security: The financial security provided shall be 150%
of the estimated cost of the improvements to be completed and all related engineering
and incidental expenses, final survey monumentation and preparation of reproducible
Wylar or electronic records in a format approved by Public Works and meeting current
Public Works drawing standards of the "as -built" improvements. The subdividerapplicant
shall provide an estimate of these costs for acceptance by the Public Work
DirectorDirector of Public Works.
E. Defective Work: The acceptance of improvements by the City shall not prevent
the City from making a claim against the subdividerapplicant for any defective work if such
is discovered within two years after the date of completion of the work.
Exhibit B: Title 17 Repeal and Reenact
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133
CHAPTER 17.28
EXCEPTIONS, PENALTIES,
SEVERABILITY, LIABILITY
Sections:
17.28.010 Exceptions
17.28.015 Sale, Lease or Transfer of Land in Violation of this Chapter
17.28.020 Penalties
17.28.030 City Not Liable
17.28.040 Severability
17.28.010 Exceptions
A. EXCEPTION CRITERIA: Exceptions from the requirements of this code may
be granted when unduc hardship may be cr tcd as a result of strict compliance with the
provisions of this code. Any authorization for exception may prescribe conditions deemed
necessary or !desirable for the public interest
On exception shall not be granted unless•
applicant of the reasonable use or development of his land• and
e
2. The exception is necessary to insure such property rights and privileges as
3. The granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
B. PROCEDURES: An application for any cxccption from this codc shall be
substantiating facts and evidence pertinent to the request.
1. Short subdivision: A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdivision Committce in conjunction with
review of the short subdivision or binding site improvement plan application. The decision
accordance with the app al procedure for Type 2 decisions set forth in TMC 18.108.020.
2. Preliminary plat: A preliminary plat exception shall be considered by the
Planning Commission at the same time the plc l eari-ng is conducted for the preliminary
ptat
17.28.015 Sale, Lease or Transfer of Land in Violation of this Chapter
Any person, firm, corporation, association, or any agent of any person, firm,
corporation, or association who violates any provision of RCW 58.17 or Tukwila Municipal
Code TMC Title 17, "Subdivisions and Plats", relating to the sale, offer for sale, lease, or
transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor; and
each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in
Exhibit B: Title 17 Repeal and Reenact
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Page 44 of 45
violation of any provision of RCW 58.17 or Tukwila Municipal Code TMC Title 17,
"Subdivisions and Plats", shall be deemed a separate and distinct offense.
17.28.020 Penalties
A. Any other violation of any provision, or failure to comply with any of the
requirements of this chapter, shall be subject to enforcement and penalties as prescribed
in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC
Section 8.45.070.
17.28.030City Not Liable
A. This code shall not be construed to relieve from or lessen the responsibility of
any person owning any land or building, constructing or modifying any subdivisions in the
City for damages to anyone injured or damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as assuming such liability by reason
of any preliminary or final approval or by issuance of any permits or certificates authorized
herein.
17.28.040 Severability
A. If any section, subsection, clause or phrase of this code is for any reason held
to be unconstitutional, such decision shall not affect the validity of the remaining portions
of this code.
Exhibit B: Title 17 Repeal and Reenact
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Page 45 of 45
135
TITLE 18 - ZONING
TITLE 18
ZONING
Chapters: Page
18.02 Title 3
18.04 General Provisions 3
18.06 Definitions 4
18.08 Districts Established - Map 37
18.09 Land Uses Allowed by District 38
18.10 Low Density Residential 39
18.12 Medium Density Residential 40
18.14 High Density Residential 42
18.16 Mixed Use Office 44
18.18 Office 45
18.20 Residential Commercial Center 46
18.22 Neighborhood Commercial Center 47
18.24 Regional Commercial 49
18.26 Regional Commercial Mixed Use 51
18.28 Tukwila Urban Center (TUC) District 53
18.30 Commercial/Light Industrial 84
18.32 Light Industrial 85
18.34 Heavy Industrial 86
18.36 Manufacturing Industrial Center/Light 87
18.38 Manufacturing Industrial Center/Heavy 88
18.40 Tukwila Valley South 89
18.41 Tukwila South Overlay District 90
18.42 Public Recreation Overlay District 96
18.43 Urban Renewal Overlay District 97
18.44 Shoreline Overlay 100
18.45 Environmentally Critical Areas 127
18.46 PRD - Planned Residential Development 151
18.50 Supplemental Development Standards 155
18.52 Landscape Requirements 163
18.54 Urban Forestry and Tree Regulations 173
18.56 Off-street Parking and Loading Regulations 181
18.58 Wireless Communication Facilities 186
18.60 Board of Architectural Design Review 203
18.64 Conditional Use Permits 209
18.66 Unclassified Use Permits 211
18.70 Nonconforming Lots, Structures and Uses 214
18.72 Variances 218
18.80 Amendments to the Comprehensive
Plan and Developmcnt Rcgulations 219
18.82 Amendments to Development Regulations 221
18.84 Requests for Changes in ZoningAmendments to the
Zoning and Comprehensive Plan Maps 222
18.86 _Development Agreements 222
18.88 Application Fees
225
18.90 Appeals 225
18.96 Administration and Enforcement
226
18.100 Standards for approval of permits. 227
18.104 Permit Application Types and Procedures 229
18.108 Decision Processes 237
18.112 Public Hearing Processes 239
18.116 Appeal Processes 241
18.120 Housing Options Program 242
Figures and Tables:
Figure 1
Figure 2
Shoreline Use Matrix
Sample Residential Sensitive Area
Site Plan Submittal
Figure 3 Building Height Exception Areas
Figure 4 Location and Measurement, Yards on Lots
Figure 5 Multi -Family Design Guideline
Figure 6 Off -Street Parking Area Dimensions
Figure 7
Figure 8
Figure 9
Figure 10
Figure 11
Figure 12
Figure 13 Housing Options Program Standards
Figure 14 Tukwila Neighborhoods
Figure 15 Tukwila International Blvd. Urban Renewal Overlay
District
Figures 18-16 through 18-59 and Tables 18-1 through
18-5 are associated with TMC Chapter18.28, Tukwila
Urban Center (TUC) District
Figure 16 Map of Districts
Figure 17 Block Face Length
Required Number of Parking Spaces for Automobiles
and Bicycles
Parking for the Handicapped
Commercial Redevelopment Areas in the Tukwila
International Boulevard Corridor
City of Tukwila Zoning Map
Eligible Parcels for Location of Secure Community
Transition Facility
MIC/H Parcels Ineligible for Stand-alone Office Uses
Pi -glued by the City of Tukwila, City Clerk's Office
Page 18-1
TITLE 18 — ZONING
Figure 18
Figure 19
Figure 20
Figure 21
Figure 22
Figure 23
Figure 24
Figure 25
Figure 26
Figure 27
Figure 28
Figure 29
Figure 30
Figure 31
Figure 32
Figure 33
Figure 34
Figure 35
Figure 36
Figure 37
Figure 38
Figure 39
Figure 40
Figure 41
Figure 42
Figure 43
Figure 44
Figure 45
Figure 46
Figure 47
Figure 48
Corridor Definition of Terms
Corridor Type Map
Walkable Corridor Standards
Pedestrian Walkway Corridor Standards
Tukwila Pond Esplanade Standards
Neighborhood Corridor Standards
Urban Corridor Standards
Commercial Corridor Standards
Freeway Frontage Corridor Standards
Workplace Corridor Standards
Examples of Public Frontages
Example of Building Oriented to the Street
Example of Features on a Building Oriented to Street
Examples of Building Orientation to Streets/Open
Space Treatments
Frontage Building Coverage
Example of Exceeding Maximum Building Setbacks
to Provide Pedestrian Space
Surface Parking - Front
Street Front Parking Examples
Surface Parking - Side
Surface Parking - Rear
Example of Vertical Modulation and Horizontal
Modulation
Fagade Articulation Example for a Mixed -Use
Building
Example of Articulating the Fagade of a Residential
Building
Major Vertical Modulation Example
Ground Level Transparency Requirements
Examples of Percentage of Transparency Between
2-10' Along the Length of a Building Fagade
Display Window Example
Encroachment Provisions for Building Overhangs or
Weather Protection Features
Illustration of the Various Side and Rear Yard
Treatment Standards and Options
Example of a Single Tree Planted with No Other
Materials and Little Room for Viability.
Using Evergreen Landscaping to Screen Utilities
Figure 49
Figure 50
Figure 51
Figure 52
Figure 53
Figure 54
Figure 55
Figure 56
Figure 57
Figure 58
Figure 59
Figure 60
Tables:
Table 1
Table 2
Table 3
Table 4
Table 5
Examples of Landscaped Tree Wells
Examples of Pedestrian Spaces
Examples of Pedestrian Passages
Common Open Space Examples
Rooftop Garden
Examples of Driveway Level with the Height of the
Sidewalk
Example of Not Enough Room on Site to Exit
Loading Area, Resulting in Disruption of Traffic
Movements
Parking Lot Walkway Standards and Example
Example of Good Internal Pedestrian Circulation
Internal Walkway Standards and an Example Along
Retail or Mixed -Use Buildings
Critical Area Tracts in Tukwila South
Tukwila International Boulevard (TIB) Study Area
Summary of Applicable Review Process and
Standards/Guidelines
Tukwila Urban Center - Land Uses Allowed by
District
District Standards
Provision of Open Space
Provision of Parking
Table 18-6 is associated with TMC Chapter 18.09, land
uses allowed by district
Table 6 Land Uses Allowed by District
Produced by the City of Tukwila, City Clerk's Office Page 18137
TITLE 18 — ZONING
CHAPTER 18.02
TITLE
Sections:
18.02.010 Short Ttitle
18.02.010 Short Title
This title shall be known and may be cited as `The Tukwila
Zoning Code."
{Ord. 1758 §1 (part), 1995)
CHAPTER 18.04
GENERAL PROVISIONS
Sections:
18.04 010 Application of Provisions
18.04.020 Change in Existing Structure, Use or Proposed Use
18.04.010 Application of Provisions
In the interpretation and application of the provisions of this
title, such provisions shall be held to be the minimum requirements
adopted for the promotion of the health, safety, morals, or the
general welfare of the community.— _It is not intended by this title to
repeal, abrogate, annul, or in any way impair or interfere with any
existing provisions of law or ordinance or any rules or regulations
previously adopted pursuant to law, relating to the use of buildings
or land, nor is it intended to interfere with or abrogate or annul any
easements, covenants or other agreements between parties;
provided, however, that where this title imposes a greater
restriction upon the use, erection, alteration or extension of
buildings, or use of land, or upon the number of square feet of lot
area per family, or where the yard or building line requirements are
more restrictive than the requirements imposed by such existing
provision of law or ordinance, or by such rules or regulations or by
such covenants or agreements, the provision of this title shall
control.
(Ord. 1758 §1 (part), 1995)
18.04.020 Change in Existing Structure, Use or
Proposed Use
Nothing contained in this title shall require any change in any
existing building or structure or in the plan, construction or
designated use of a proposed building or structure which would
conform with the zoning regulations then in effect, and for which a
building permit shall have been issued, and plans for which are on
file in the Department of Community Development prior to the
effective date of the ordinance codified in this title, and the
construction of which building or structure shall have been started
within twelve months of the date of such building permit and
diligently prosecuted to its completion.
(Ord. 1758 §1 (part), 1995)
Prepcjed by the City of Tukwila, City Clerk's Office Page 18-3
TITLE 18 — ZONING
Sections:
18.06.005
18.06.010
18.06.015
18.06.016
18.06.017
18.06.018
18.06.020
18.06.025
18.06.030
18.06.035
18.06.036
18.06.037
18.06.045
18.06.048
18.06.050
18.06.055
18.06.056
18.06.058
18.06.059
18.06.060
18.06.061
18.06.062
18.06.063
18.06.064
18.06.065
18.06.066
18.06.070
18.06.072
18.06.073
18.06.074
18.06.075
18.06.080
18.06.085
18.06.090
18.06.095
18.06.097
18.06.100
18.06.105
18.06.110
18.06.115
18.06.118
18.06.119
18.06.120
18.06.125
18.06.130
18.06.135
18.06.137
CHAPTER 18.06
DEFINITIONS
General Definitions
Abandoned Mine Areas
Access Road
Accessory Dwelling Unit
Adaptive Management
Adjacent
Adult Day Care
Adult Entertainment Establishments
Airports
Alley
Alteration
Amusement Device
Applicant
Appurtenance
Area, Site
Areas of Potential Geologic Instability
Armoring
Assisted Living Facility
Bank
Basement
Battery Charging Station
Battery Exchange Station
Bed -and -Breakfast Lodging
Best Available Science
Best Management Practices
Binding Site Improvement Plan
Bioengineering
Block
Boarding House
Brew Pub
Buffer
Building
Building, Accessory
Building Area
Building, Detached
Building Footprint
Building Height
Building Line
Building, Nonconforming
Building Permit
Bulk Retail
Bulkhead
Bus Station
Caliper
Canopy
Canopy Cover
Cargo Container
18.06.140
18.06.142
18.06.143
18.06.145
18.06.150
18.06.152
18.06.155
18.06.160
18.06.165
18.06.170
18.06.172
18.06.173
18.06.175
18.06.178
18.06.180
18.06.181
18.06.182
(001)
(007)
(010)
(013)
18.06.183
18.06.185
18.06.190
18.06.195
18.06.196
18.06.198
18.06.199
18.06.200
18.06.202
18.06.203
18.06.204
18.06.205
18.06.208
18.06.210
18.06.215
18.06.216
18.06.217
18.06.220
18.06.222
18.06.225
18.06.230
18.06.232
18.06.234
18.06.235
18.06.237
18.06.240
18.06.242
18.06.245
18.06.246
18.06.247
18.06.248
18.06.249
Certified Arborist
Charging Levels
Channel Migration Zone
Clearing
Clinic, Outpatient Medical
Closed Record Appeal
Club
Commercial Laundries
Comprehensive Plan
Continuing Care Retirement Community
Contractor Storage Yards
Convalescent/Nursing Home
Cooperative Parking Facility
Correctional Institution
Coverage
Critical Root Zone
Critical Areas
Critical Area Buffer
Critical Areas Ordinance
Critical Area Regulated Activities
Critical Area Tract or Easement
Cul-de-Sac
Curb -Cut
Dangerous Waste
Day Care Center
Daylighting
Dedication
Defective Tree
Density Transfer
Department
Design Criteria
Design Guidelines
Designated Facility Zone
Detached Zero -Lot -Line Units
Development
Development Area
Development Permit
Development, Shoreline
Diameter at Breast Height (DBH)
Dike
Director
District
District, Overlay
Diversion Facility
Diversion Interim Services Facility
Dormitory
Driveway
Durable Uniform Surface
Dwelling, Manufactured or Mobile Home
Dwelling, Mobile Home
Dwelling, Multi -Family
Dwelling, Single -Family
Dwelling Unit
Produced by the City of Tukwila, City Clerk's Office Page 18-139
TITLE 18 — ZONING
18.06.250
18.06.252
18.06.255
(001)
(002)
(003)
(004)
18.06.258
18.06.259
18.06.260
18.06.261
18.06.262
18.06.263
18.06.264
18.06.266
18.06.268
18.06.269
18.06.270
18.06.280
18.06.283
18.06.285
18.06.287
18.06.290
18.06.300
18.06.305
18.06.310
18.06.315
18.06.318
18.06.320
18.06.325
18.06.330
18.06.335
18.06.338
18.06.340
18.06.345
18.06.353
18.06.355
18.06.365
18.06.370
18.06.380
18.06.385
18.06.390
18.06.395
18.06.400
18.06.405
18.06.410
18.06.415
18.06.420
18.06.430
18.06.435
Ecological/Ecosystem Functions (or
Shoreline Functions)
Ecosystem -Wide Processes
Emergency Housing
Emergency Shelter
Permanent Supportive Housing
Transitional Housing
Domestic Shelter
Electric Vehicle
Electric Vehicle Charging Station
Electric Vehicle Charging Station -Restricted
Electric Vehicle Charging Station -Public
Electric Vehicle Infrastructure
Electric Vehicle Parking Space
Engineer, Geotechnical
Engineer, Professional
Engineering, Geotechnical
Environment Designation
Essential Public Facility
Essential Use
Essential Utility
Essential Street, Road, or Right -of -Way
Extended -Stay Hotel or Motel
Extremely Hazardous Waste
Family Child Care Home
Feasible
Fence
Filling
Final Plat
Fire Lane
Floor Area
Flood Plain
Flood Hazard Reduction
Floodway
Fraternal Organization
Garage, Private
General Retail
Geologist
Grade
Grading
Groundcover
Hazardous Substance
Hazardous Substance Processing or
Handling
Hazardous Tree
Hazardous Waste
Hazardous Waste Storage
Hazardous Waste Treatment
Hazardous Waste Treatment and Storage
Facility, Off -Site
Hazardous Waste Treatment and Storage
Facility, On -Site
Home Occupation
Hospital
18.06.440
18.06.445
18.06.450
18.06.453
18.06.454
18.06.456
18.06.460
18.06.465
18.06.470
18.06.472
18.06.473
18.06.475
18.06.480
18.06.486
18.06.490
(001)
18.06.492
18.06.493
18.06.495
18.06.500
18.06.505
18.06.510
18.06.520
18.06.525
18.06.530
18.06.535
18.06.538
18.06.540
18.06.543
18.06.545
18.06.551
18.06.552
18.06.553
18.06.554
18.06.555
18.06.556
18.06.557
18.06.560
18.06.565
18.06.567
18.06.568
18.06.570
18.06.571
18.06.575
18.06.580
18.06.581
18.06.583
18.06.585
18.06.586
18.06.587
18.06.588
18.06.589
18.06.590
18.06.591
Hotel
Impervious Surface
Infrastructure
Integrated Site
Internet Data/Telecommunication Center
Invasive Plant and Tree List
Junk Yard
Kennel
Laboratory, Medical and Dental
Large Woody Debris (LWD)
Land Surveyor
Land -Altering Activity
Land -Altering Permit
Landscape Design Professional
Landscaping or Landscaped Areas
Mulch
Lease
Levee
Loading Space
Lot
Lot Area
Lot, Corner
Lot Depth
Lot Frontage
Lot Lines
Lot, Interior
Lot, Parent
Lot, Through
Lot, Unit
Lot Width
Marijuana
Marijuana Processor
Marijuana Producer
Marijuana Retailer
Major Adjustment
Marijuana -infused Products
Marijuana Concentrates
Mall
Manufactured/Mobile Home Park
Manufacturing
Mass Transit Facilities
Mean High Water Mark
Mean Higher High Water (MHHW)
Mining and Quarrying
Minor Adjustment
Mitigation
Modular Home
Motel
Native Vegetation
New Manufactured Home
No Net Loss
Nonconforming Use, Shoreline
Nonconforming Use
Non -Water -Oriented Uses
Prgr4qyed by the City of Tukwila, City Clerk's Office
Page 18-5
TITLE 18 — ZONING
18.06.592 Office
18.06.593 Open Record Appeal
18.06.594 Open Record Hearing
18.06.595 Open Space
18.06.600 Open Space Tract
18.06.605 Ordinary High Water Mark
18.06.607_—Overwater Structure
18.06.610 —Parcel
18.06.611 Park and Ride
18.06.613
18.06.615
18.06.617
18.06.618
18.06.620
18.06.625
18.06.627
18.06.630
18.06.632
18.06.633
18.06.635
18.06.636
18.06.637
18.06.638
18.06.640
18.06.645
18.06.650
18.06.651
18.06.652
(001)
18.06.655
18.06.656
18.06.657
18.06.658
18.06.660
18.06.662
18.06.665
18.06.670
18.06.675
18.06.676
18.06.677
18.06.680
18.06.682
18.06.685
18.06.687
18.06.688
18.06.689
18.06.690
18.06.691
18.06.696
18.06.697
18.06.705
18.06.706
18.06.707
18.06.708
Parking, Commercial
Parking Space
Pawnbroker
Performance Bond or Guarantee
Performance Standards
Person
Pervious Hard Surface
Plan
Planned Residential Development (PRD)
Planning Commission
Plat
Preliminary Plat
Principal Building
Private Access Road
Property Owner
Protected Tree/Protected Vegetation
Protection Measure
Protective Fencing
Pruning
Topping
Public Access
Public Entity
Public Meeting
Public Right -of -Way
Rapid Charging Station
Reach
Recreation Space
Recreation Space, Covered
Recreation Space, Uncovered
Regional Detention Facility
Revetment
Research and Development Facility
Religious Facility
Residence
Restaurant
Restaurant, Fast Food
Right -of -Way
Riparian
River Channel
Riverbank Analysis and Report
Roadway
Screening
Secure Community Transitional Facility
Self Storage Facility
Senior Citizen Housing
18.06.735
18.06.740
18.06.745
18.06.750
18.06.756
18.06.757
18.06.758
18.06.759
18.06.760
18.06.761
18.06.767
18.06.768
18.06.769
18.06.770
18.06.775
18.06.777
18.06.780
18.06.781
18.06.790
18.06.795
18.06.800
(001)
18.06.805
18.06.810
18.06.8133
(001)
Vehicle Service Station
Setbacks
Shelter Station
Shopping Center, Planned
Shorelands or Shoreland Areas
Shorelines or Shoreline Areas
Shoreline Jurisdiction
Shoreline Modifications
Shoreline Restoration or Ecological
Restoration
Shoreline Stabilization
Short Plat
Short Subdivision
Short Subdivision Committee
Sign
Significant Tree
Significant Vegetation Removal
Site
Site Disturbance
Story
Street
Structure
Nonconforming Structure, Shoreline
Structural Alteration
Studios
Subdivision
Short Subdivision
(002) Long Subdivision
18.06.815
18.06.817
18.06.820
18.06.821
18.06.822
18.06.829
18.06.830
18.06.833
18.06.835
18.06.840
18.06.843
18.06.845
(001)
(002)
(003)
(004)
(005)
(006)
(007)
(008)
(009)
(010)
(011)
(012)
(013)
Substantial Construction
Substantial Development
Surveyor
Theater
Tow Truck Operations
Townhouse
Tract
Trailer Court or Park
Trailer, Travel
Transit Center
Transit -Oriented Development (TOD)
Housing
Tree
At -Risk Tree
Crown
Dead Tree
Dripline
Exceptional Tree
Heritage Tree or Heritage Grove
Invasive Tree
Nuisance Tree
Qualified Tree Professional
Risk
Street Tree
Target or Risk Target
Tree Risk Assessment
Produced by the City of Tukwila, City Clerk's Office Page 18141
TITLE 18 — ZONING
(014) Tree Risk Assessor
(015) Viable Tree
(016) Windfirm
18.06.850 Tree Clearing Permit
18.06.852 Tree Removal
18.06.854 Truck Terminal
18.06.855 Turbidity
18.06.860 Understory Vegetation
18.06.863 Usable Floor Area
18.06.864 Useable Marijuana
18.06.865 Use
18.06.870 Use, Accessory
18.06.875 Use, Conditional
18.06.880 Use, Permitted
18.06.885 Use, Primary or Principal
18.06.890 Use, Unclassified
18.06.895 Unlisted Use
18.06.900 Utilities
18.06.905 Variance
18.06.910 Vegetation
18.06.915 Vehicles
18.06.916 Warehouse
18.06.917 Water Dependent
18.06.918 Water Enjoyment
18.06.919 Water Oriented
18.06.920 Watercourse
18.06.921 Water Related
18.06.922 Wetland
18.06.924 Wetland Edge
18.06.934 Wetland, Scrub -Shrub
18.06.944 WRIA
18.06.945 Yard
18.06.950 Yard, Front
18.06.955 Yard, Rear
18.06.960 Yard, Second Front
18.06.965 Yard, Side
PrevapEced by the City of Tukwila, City Clerk's Office Page 18-7
TITLE 18 — ZONING
18.06.005 General Definitions
Except where specifically defined in this Chapter, all words
used in this title shall carry their customary meanings. _Words used
in the present tense include the future, and the plural includes the
singular; the word "he" or "his" shall also refer to "she" or "her," the
word "shall" is always mandatory, the word "may" denotes a use of
discretion in making a decision; the words "used" or "occupied"
shall be considered as though followed by the words "or intended,
arranged or designed to be used or occupied."
(Ord. 1758 §1 (part), 1995)
18.06.010 Abandoned Mine Areas
"Abandoned mine areas" means those areas directly underlain
by, adjacent to, or affected by mine workings such as adits,
tunnels, drifts, or air shafts.
(Ord. 1758 §1 (part), 1995)
18.06.015 Access Road
"Access road" means that portion of a driveway which provides
access to one or more parking lot or area, provides access to more
than one property or lot, or may provide internal access from one
street to another. _This shall not include that portion of driveways
whose primary function is to provide direct access to adjacent
parking spaces and which, as a secondary function, also provides
circulation within parking areas.
(Ord 1758 §1 (part\ 1995)
,
18.06.016 Accessory Dwelling Unit
"Accessory dwelling unit (ADU)" means a dwelling unit located
on the same lot as a single-family housing unit, duplex, triplex,
townhome, or other housing unit.
(Ord. 2716 §3, 2023; Ord. 2581 §1, 2018)
18.06.017 Adaptive Management
"Adaptive management" means the use of scientific methods
to evaluate how well regulatory and non -regulatory actions protect
a critical area.
18.06.018 Adjacent
"Adjacent" means lying near or close to; sometimes,
contiguous; neighboring. _Adjacent implies that the two objects are
not widely separated, though they may not actually touch.
18.06.020 Adult Day Care
"Adult day care" means a facility which provides supervised
daytime programs where up to six frail and/or disabled adults can
participate in social, educational, and recreational activities led by
paid staff and volunteers.
{Ord. 1758 §1 (part), 1995)
18.06.025 Adult Entertainment Establishments
A. "Adult entertainment establishments" means adult motion
picture theaters, adult drive-in theaters, adult bookstores, adult
cabarets, adult video stores, adult retail stores, adult massage
parlors, adult sauna parlors or adult bathhouses, which are defined
as follows:
1. "Adult bathhouse" means a commercial bathhouse
which excludes any person by virtue of age from all or any portion
of the premises or which provides to its patrons an opportunity for
engaging in "Specified Sexual Activities," with or without a
membership fee."
2. "Adult bookstore" means a retail establishment in
which:
a. 30% or more of the "stock -in -trade" consists of
books, magazines, posters, pictures, periodicals or other printed
materials distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas"; and/or
b. Any person is excluded by virtue of age from all
or part of the premises generally held open to the public where
such material is displayed or sold.
3. "Adult cabaret" means a commercial establishment
which presents go-go dancers, strippers, male or female
impersonators, or similar types of entertainment and which ex-
cludes any person by virtue of age from all or any portion of the
premises.
4. "Adult massage parlor" means a commercial
establishment in which massage or other touching of the human
body is provided for a fee and which excludes any person by virtue
of age from all or any portion of the premises in which such service
is provided.
5. "Adult motion picture theater" means a building,
enclosure, or portion thereof, used for presenting material dis-
tinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
6. "Adult retail store" means retail establishment in
which:
a. 30% or more of the "stock -in -trade" consists of
items, products or equipment distinguished or characterized by an
emphasis on or simulation of "specified sexual activities" or
"specified anatomical areas"; and/or
b. Any person is excluded by virtue of age from all
or part of the premises generally held open to the public where
such items, products or equipment are displayed or sold.
7. "Adult sauna parlor" means a commercial sauna
establishment which excludes any person by virtue of age from all
or any portion of the premises.
8. "Adult video store" means a retail establishment in
which:
a. 30% or more of the "stock -in -trade" consists of
prerecorded video tapes, disks, or similar material distinguished or
characterized by an emphasis on matter depicting, describing or
Produced by the City of Tukwila, City Clerk's Office Page 18— 343
TITLE 18 — ZONING
relating to "specified sexual activities" or "specified anatomical
areas"; and/or
b. Any person is excluded by virtue of age from all
or any part of the premises generally held open to the public where
such prerecorded video tapes, disks or similar material are
displayed or sold.
B. "Specified anatomical areas" means:
1. Less than completely and/or opaquely covered hu-
man genitals, pubic region, buttock, or female breast below a point
immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state
even if completely or opaquely covered.
C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or
sodomy; or
2. Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast; or
3. Human genitals in a state of sexual stimulation or
arousal.
D. "Stock -in -trade" means:
1. The dollar value of all products, equipment, books,
magazines, posters, pictures, periodicals, prerecorded video
tapes, discs, or similar material readily available for purchase,
rental, viewing or use by patrons of the establishment, excluding
material located in any storeroom or other portion of the premises
not regularly open to patrons; or
2. The number of titles of all products, equipment,
books, magazines, posters, pictures, periodicals, other printed
materials, prerecorded video tapes, discs, or similar material
readily available for purchase, rental, viewing or use by patrons of
the establishment, excluding material located in any storeroom or
other portion of the premises not regularly open to patrons.
{Ord. 2678 §1, 2022; Ord. 1758 §1 (part), 1995)
18.06.030 Airports
"Airports" means any area of land that is used or intended for
the landing and takeoff of aircraft, any appurtenant areas that are
used or intended for airport buildings or other airport facilities or
rights -of -way, and all airport buildings and facilities.
(Ord. 2678 §2, 2022)
18.06.035 Alley
"Alley" means a public thoroughfare or way usually having a
width of not more than 20 feet which affords only a secondary
means of access to abutting property and is not intended for
general traffic circulation.
{Ord. 1834 §1, 1998; Ord. 1758 §1 (part), 1995)
18.06.036 Alteration
"Alteration" means any human -induced change in an existing
condition of a critical area or its buffer. Alterations include, but are
not limited to, grading, filling, channelizing, dredging, clearing of
vegetation, construction, compaction, excavation, or any other
activity that changes the character of the critical area.
ford 2625 §2 2020)
18.06.037 Amusement Device
"Amusement device" means a structure such as a ferris wheel,
roller coaster or climbing wall.
(Ord-18-1-5-997)
1-8
18.06.045 Applicant
"Applicant" means a property owner or a public agency or
public or private utility which owns a right-of-way or other ease-
ment, or has been adjudicated the right to an easement pursuant
to RCW 8.12.090, or any person or entity designated in writing by
the property or easement owner to be the applicant for a project
permit, and who requests approval for a project permit.
(Ord. 1768 §1 (part), 1996; Ord. 1758 §1 (part), 1995)
1-8
18.06.048 Appurtenance
"Appurtenance" means a structure that is necessarily
connected to the use and enjoyment of a single family residence,
including a garage, deck, driveway, utilities, fences, installation of
a septic tank and drain field and grading that does not exceed 250
cubic yards and which does not involve placement of fill in any
wetland or waterward of the ordinary high water mark (WAC 173-
27-040 (2) (g)).
{Ord. 2347 §1, 2011)
1-8
18.06.050 Area, Site
"Site area" means the total two-dimensional horizontal area
within the property lines excluding external streets.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.055 Areas of Potential Geologic Instability
"Areas of potential geologic instability" means those areas
subject to potential landslides and/or potential seismic instabilities.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.056 Armoring
"Armoring" means the control of shoreline erosion with
hardened structures, such as bulkheads, sea walls, and riprap.
(Ord. 2347 §2, 2011)
1-8
18.06.058 Assisted Living Facility
"Assisted Living Facility" means a facility that is licensed by
the Department of Social and Health Services pursuant to Chapter
RCW 18.20 RCW as currently defined or as may be thereafter
amended.— This definition does not include "diversion facility" or
"diversion interim services facility."
(Ord. 2500 §1, 2016)
Prevq.ced by the City of Tukwila, City Clerk's Office
Page 18-9
TITLE 18 — ZONING
1-8
18.06.059 Bank
"Bank" means the rising ground bordering a water body and
forming an edge or slope.
{Ord. 2347 §3, 2011)
18.06.060 Basement
"Basement" means that portion of a building between floor and
ceiling which is all or partly below grade.— _If the finished floor level
directly above a basement is more than two feet above grade for
more than 20% of the total perimeter or is twelve feet above grade
as defined at any point, such basement shall be considered as a
story.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.061 Battery Charging Station
"Battery charging station" means an electrical component
assembly or cluster of component assemblies designed
specifically to charge batteries within electric vehicles and that
meets or exceeds any standards, codes, and regulations set forth
by chapter RCW 19.28 RCW and is consistent with rules adopted
under RCW 19.27.540.
{Ord. 2324 §1, 2011)
a-8
18.06.062 Battery Exchange Station
"Battery exchange station" means a fully automated facility
that will enable an electric vehicle with a swap -able battery to enter
a drive lane and exchange the depleted battery for a fully charged
battery through a fully automated process that meets or exceeds
any standards, codes, and regulations set forth by chapter RCW
19.27 RCW and is consistent with rules adopted under RCW
19.27.540.
{Ord. 2324 §2, 2011)
1-8
18.06.063 Bed -and -Breakfast Lodging
"Bed -and -breakfast" means an owner -occupied dwelling unit
that contains guest rooms where lodging is provided for
compensation.
a-8
18.06.064 Best Available Science
"Best Available Science" means that scientific information
applicable to the critical area prepared by appropriate local, state
or federal agencies, a qualified scientist or team of qualified
scientists, which will be consistent with the criteria established in
WAC 365-195-900 through WAC 365-195-925. =Characteristics of
a valid scientific process will be considered to determine whether
information received during the permit review process is reliable
scientific information. _A valid scientific process includes some or
all of the following characteristics:
1. Peer reviewed research or background information.
2. Study methods clearly stated.
3. Conclusions based on logical assumptions.
4. Quantitative analysis.
5. Proper context is established.
6. References are included that cite relevant, credible
literature and other pertinent information.
{Ord. 2625 §3, 2020; Ord. 2075 §1 (part), 2004)
Produced by the City of Tukwila, City Clerk's Office
Page 18-14145
TITLE 18 — ZONING
18.06.065 Best Management Practices
"Best management practices (BMPs)" means conservation
practices and management measures which serve to protect trees,
including the following practices:
1. Avoiding physical damage to tree trunk, branches,
foliage and roots;
2. Restricting the movement, operation, and location of
construction materials and equipment to avoid the area under a
tree canopy;
3. Minimizing adverse changes in drainage conditions
around tree roots;
4. Minimizing adverse changes to the chemical,
physical, structural, and organic characteristics of soil around tree
roots;
5. Those conservation practices defined by the State of
Washington Department of Agriculture, Washington State
Department of Ecology, and International Society of Arborists as
intended to protect trees.
(Ord. 1758 §1(part), 1995)
1-8
18.06.066 Binding Site Improvement Plan
"Binding Site Improvement Plan" means an improvement plan
processed in accordance with Chapter TMC 17.16, which is legally
binding on the land owner, his heirs, successors and assigns.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.070 Bioengineering
"Bioengineering" means integrating living woody and
herbaceous materials with organic (plants, wood, jute mats, coir
logs, etc) and inorganic materials (rocks, soils) to increase the
strength and structure of the soil along a riverbank, accomplished
by a dense matrix of roots that hold the soil together. The above-
ground vegetation increases the resistance to flow and reduces
flow velocities by dissipating energy.
{Ord. 2347 §4, 2011)
1-8
18.06.072 Block
"Block" means a group of lots, tracts or parcels, which have
been subdivided, and are entirely surrounded by highways or
streets or in part by a well-defined or fixed boundary.
1-8
18.06.073 Boarding House
"Boarding house" means a residential building or use which
provides housing on a short term commercial basis for tenants.
The following uses are excluded:— Bed and breakfast facilities,
hotels and motels, extended -stay hotels or motels, shelters, and
facilities which provide short- or long-term care for tenants suffering
from physical, mental or other disabilities.
(Ord. 2251 §3, 2009; Ord. 1976 §12, 2001)
18.06.074 Brew Pub
"Brew pub" means a restaurant -type establishment that meets
the following criteria:
1. Sells beer for consumption on site and sale in sealed
containers;
2. Restaurant portion can be no larger than 8,000
square feet;
3. Produces beer in batch sizes not less than seven
U.S. barrels (thirty one gallons);
4. Produces no more than 2,000 barrels of beer per
year;
5. The brew house is enclosed with an air treatment
system;
6. Revenue from food sales must comprise at least 60%
of total business revenues
{Ord. 1814 §1, 1997)
48
18.06.075 Buffer
"Buffer" means an area separating two different types of uses
or environments for the purpose of reducing incompatibilities
between them, or reducing the potential adverse impacts of one
use or environment upon the other.
(Ord. 1758 §1 (part), 1995)
48
18.06.080 Building
"Building" means a structure as defined in this definitions
chapter. —_When a total structure is separated by division walls
without openings, each portion so separate shall be considered a
separate building.
{Ord. 1758 §1 (part), 1995)
48
18.06.085 Building, Accessory
"Accessory building" means a subordinate building, the use of
which is incident to the use of the main building on the same lot.
(Ord. 1758 §1(part), 1995)
48
18.06.090 Building Area
"Building area" means the total ground coverage of a building
or structure which provides shelter, measured from the outside of
its external walls or supporting members or from a point four feet
in from the outside edge of a cantilevered roof.
48
18.06.095 Building, Detached
"Detached building" means a building surrounded on all sides
by open space.
(Ord. 1758 §1 (part), 1995)
48
18.06.097 Building Footprint
"Building footprint" means the square footage contained within
the foundation perimeter of all structures located on a lot, plus
Prevq.ed by the City of Tukwila, City Clerk's Office
Page 18-11
TITLE 18 — ZONING
overhangs projecting in excess of 18 inches, but excluding decks
less than 18 inches above grade.
{Ord. 1971 §1, 2001)
18.06.100 Building Height
"Building height" means the height of a building as calculated
by the method in the Washington State Building Code.
{Ord. 1971 §2, 2001; Ord. 1758 §1 (part), 1995)
48
18.06.105 Building Line
"Building line" means the line of face or corner of part of a
building nearest the property line.
{Ord. 1758 §1(part), 1995)
1-8
18.06.110 Building, Nonconforming
"Nonconforming building" means a building or structure which
does not conform in its construction, area, yard requirements or
height to the regulations of the district in which it is located.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.115 Building Permit
"Building permit" means a permit for construction in
accordance with specific approved plans that are on file with the
9GO Department.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.118 Bulk Retail
"Bulk retail" is a business or store that specializes in the sale
of large goods, requiring large on -site storage. -_Bulk retail is further
distinguished by a lower trip generation rate than other retail stores,
as evidenced by a traffic study or other appropriate analysis.
Examples include furniture stores, appliance stores and other uses
as approved by the Director.
{Ord. 1795 §1(part), 1997)
48
18.06.119 Bulkhead
"Bulkhead" means vertical structures erected parallel to and
near the ordinary high water mark for the purpose of protecting
adjacent uplands from erosion from the action of waves or currents.
{Ord. 2347 §5, 2011)
48
18.06.120 Bus Station
"Bus station" means a facility providing connections between
buses serving different inter -city routes.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.125 Caliper
"Caliper" means the AmericanHort accepted standard for
measurement of trunk size of nursery stock. —_Caliper of the trunk
for new trees shall be taken six inches above the ground for up to
and including four -inch caliper size trees, and 12 inches above
ground for larger size trees.
{Ord. 2569 §2, 2018; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office Page 18-147
TITLE 18 — ZONING
1-8
18.06.130 Canopy
"Canopy" means an area encircling the base of a tree, the
minimum extent of which is delineated by a vertical line extending
from the outer limit of a tree's branch tips down to the ground.
(Ord. 1758 §1 (part), 1995)
18.06.135 Canopy Cover
"Canopy Cover" means the extent of the canopy for an
individual tree, or the cumulative areal extent of the canopy of all
trees on a site. —_When a tree trunk straddles a property line, 50%
of the canopy shall be counted towards each property. —_The
canopy coverage of immature trees and newly planted trees is
determined using the projected canopy areas in the City of
Tukwila's Recommended Tree List.
(Ord. 2569 §3, 2018; Ord. 1758 §1 (part), 1995)
a-8
18.06.137 Cargo Container
"Cargo container" means a standardized, reusable vessel that
was:
1. Originally, specifically or formerly designed for or
used in the packing, shipping, movement or transportation of
freight, articles, goods or commodities; and/or,
2. Designed for or capable of being mounted or moved
on a rail car; and/or
3. Designed for or capable of being mounted on a
chassis or bogie for movement by truck trailer or loaded on a ship.
(Ord. 1989-§1; 2802)
a-8
18.06.140 Certified Arborist
See "Qualified Tree Professional".
, ;
1-8
18.06.142 Charging Levels
"Charging levels" means the standardized indicators of
electrical force, or voltage, at which an electric vehicle's battery is
recharged. —_The terms "Level 1, 2, and 3" are the most common
EV charging levels and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
(Ord. 2324 §3, 2011)
a-8
18.06.143 Channel Migration Zone
"Channel migration zone" means the area along a river within
which the channel(s) can be reasonably predicted to migrate over
time as a result of natural and normally occurring hydrological and
related processes when considered with the characteristics of the
river and its surroundings.
(Ord. 2347 §6, 2011)
1-8
18.06.145 Clearing
"Clearing" means removal or causing to be removed, through
either direct or indirect actions, any vegetation from a site. Actions
considered to be clearing include, but are not limited to, causing
irreversible damage to roots or trunks; poisoning; destroying the
structural integrity; and/or any filling, excavation, grading, or
trenching in the root area of a tree which has the potential to cause
irreversible damage to the tree.
Prevr4tjed by the City of Tukwila, City Clerk's Office
Page 18-13
TITLE 18 — ZONING
(Ord. 1758 §1 (part), 1995)
18.06.150 Clinic, Outpatient Medical
"Clinic, Outpatient Medical" means a building designed and
used for the medical, dental and surgical diagnosis and treatment
of patients under the care of doctors and nurses and/or
practitioners and does not include overnight care facilities. —_This
category does not include diversion facility or diversion interim
services facility.
1-8
18.06.152 Closed Record Appeal
"Closed record appeal" means a quasi-judicial appeal to a
hearing body designated by this chapter from a decision regarding
a project permit application that was made after an open record
hearing. —_Testimony and submission of relevant evidence and
information shall not be permitted at a hearing on such an appeal.
The hearing on such an appeal shall be limited to argument
based on the testimony, evidence and documents submitted at the
open record hearing conducted on the project permit application.
a-8
18.06.155 Club
"Club" means an incorporated or unincorporated association
of persons organized for a social, education, literary or charitable
purpose.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.160 Commercial Laundries
"Commercial laundries" means an establishment where
textiles are washed for commercial, industrial, and institutional
entities not located on the same site.
fOrd 2678 §4 02 )
1-8
18.06.165 Comprehensive Plan
"Comprehensive Plan" means the adopted City of Tukwila
Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
1-8
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)
a-8
18.06.172 Contractor Storage Yards
"Contractor storage yards" means storage yards operated by,
or on behalf of, a contractor for storage of large equipment,
vehicles, or other materials commonly used in the individual
contractor's type of business; storage of scrap materials used for
repair and maintenance of contractor's own equipment; and
buildings or structures for uses such as offices and repair facilities.
Produced by the City of Tukwila, City Clerk's Office Page 18-1149
TITLE 18 — ZONING
(Ord. 2678 §5, 2022)
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)
1-8
18.06.175 Cooperative Parking Facility
"Cooperative parking facility" means an off-street parking
facility shared by two or more buildings or uses.
(Ord. 1758 §1 (part), 1995)
48
18.06.178 Correctional Institution
"Correctional institution" means public and private facilities
providing for:
1. the confinement of adult offenders; or
2. the incarceration, confinement or detention of
individuals arrested for or convicted of crimes whose freedom is
partially or completely restricted other than a jail owned and
operated by the City of Tukwila; or
3. the confinement of persons undergoing treatment for
drug or alcohol addictions whose freedom is partially or completely
restricted; or
4. transitional housing, such as halfway houses, for
offenders who are required to live in such facilities as a condition
of sentence or release from a correctional facility, except secure
community transitional facilities as defined under RCW 71.09.020.
{Ord. 1991 §1, 2002; Ord. 1976 §14, 2001)
1-8
18.06.180 Coverage
"Coverage" means the percentage of the area of a lot which is
built upon or used for business or commercial purposes.
(Ord. 1758 §1 (part), 1995)
48
18.06.181 Critical Root Zone
"Critical Root Zone (CRZ)" means the area surrounding a tree
at a distance from the trunk that is equal to one foot for every inch
of trunk diameter measured at four and one-half feet from grade
(DBH) or otherwise determined by a Qualified Tree Professional.
Example: _A 24-inch diameter tree would have a CRZ of 24 feet.
The total protection zone, including trunk, would be 48 feet in
diameter.
(Ord. 2569 §5, 2018)
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TITLE 18 — ZONING
18.06.182 Critical Areas
"Critical areas" means wetlands, watercourses, areas of
potential geologic instability (other than Class I areas), abandoned
coal mine areas, fish and wildlife habitat conservation areas, and
special hazard flood areas.
(Ord. 2625 §9, 2020; Ord. 2075 §1 (part), 2004;
Ord. 1758 §1 (part), 1995)
(001) Critical Area Buffer
"Critical area buffer" means an area lying adjacent to but
outside a critical area as defined by this Title, whose function is to
protect critical areas from the potential adverse impacts of
development, land use, or other activities. —_A wetland or
watercourse critical area buffer also provides critical habitat value,
bank stabilization, or water overflow area functions.
(Ord. 2625 §7, 2020; Ord. 1758 §1 (part), 1995)
(007) Critical Areas Ordinance
"Critical Areas Ordinance" means the Environmentally Critical
Areas chapter of this title or as amended hereafter which
establishes standards for land development on lots with critical
areas (e.g. steep slopes, wetlands, watercourses, etc.).
(010) Critical Area Regulated Activities
"Critical area regulated activities" means any of the following
activities that are directly undertaken or originate in a regulated
wetland or watercourse or their buffers:
1. Removal, excavation, grading or dredging of soil,
sand, gravel, minerals, organic matter or material of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or
water table;
4. Driving of pilings;
5. Placing of obstructions;
6. Construction, reconstruction, demolition or
expansion of any structure;
7. Destruction or alteration of wetlands, watercourses
or their buffers through clearing, harvesting, shading, intentional
burning or planting of vegetation that would alter the character of a
regulated wetland, watercourse or buffer, provided that these
activities are not part of a forest practice governed under RCW
76.09 and its rules; or
8. Activities that result in a significant change to the
water sources of wetlands or watercourses.— These alterations
include a significant change in water temperature; physical or
chemical characteristics, including quantity; and the introduction of
pollutants.
{Ord. 2625 §8, 2020; Ord. 1758 §1 (part), 1995)
(013) Critical Area Tract or Easement
"Critical area tract or easement" means a tract or portion of a
parcel that is created to protect the critical area and its buffer,
whose maintenance is assured, and which is recorded on all
documents of title of record for all affected lots and subsequent
owners.
(Ord. 2625 §11, 2020; Ord. 2075 §1 (part), 2004;
Ord. 1758 §1 (part), 1995)
1-8
18.06.183 Cul-de-Sac
"Cul-de-sac" means a street having one end open to traffic and
being terminated at the other end by a circular vehicular turn-
around.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.185 Curb -Cut
"Curb -cut" means a depression in the roadside curb for
driveway purposes which provides access to a parking space on
private premises from a public street.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.190 Dangerous Waste
"Dangerous waste" means those solid wastes designated in
WAC 173-303-070 through 173-303-103 as dangerous waste.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.195 Day Care Center
"Day care center" means a state licensed agency which
regularly provides care for a group of children during part of the 24-
hour day.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.196 Daylighting
"Daylighting" means removing piped sections of a watercourse
to create open channels for watercourse conveyance.
1-8
18.06.198 Dedication
"Dedication" means a deliberate appropriation of land by its
owner for any general and public uses, reserving to himself no
other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been
devoted.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.199 Defective Tree
"Defective Tree" means a tree that meets all of the following
criteria:
1. A tree with a combination of structural defects and/or
disease that makes it subject to a high probability of failure; and
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Page 18-1f51
TITLE 18 — ZONING
2. A tree in proximity to moderate to high frequency
targets (persons or property that can be damaged by tree failure);
and
3. The hazard condition of the tree cannot be lessened
with reasonable and proper arboricultural practices nor can the
target be removed.
(Ord. 2523 §1, 2017)
1-8
18.06.200 Density Transfer
"Density transfer" means a percentage number which
represents a credit for housing units which are not allowed to be
built in wetlands, watercourses or their buffers. —_The density
transfer is used in a formula for determining the number of
residential units allowed on the buildable portion of a lot containing
wetlands, watercourses and their buffers.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.202 Department
"Department" means the Department of Community
Development, unless otherwise stated-
1-8
18.06.203 Design Criteria
"Design criteria" explains mandatory design requirements for
development proposals subject to design review. —_They are the
decision criteria by which the Board of Architectural Review or DCD
Director decides whether to approve, condition or deny a project.
(Ord. 2235 §3 (part), 2009; Ord. 1865 §1, 1999)
1-8
18.06.204 Design Guidelines
"Design guidelines" consist of advisory or recommended
descriptions and illustrations that augment each design criteria,
and provide guidance to the project applicant developing the
project, to City staff in reviewing a project proposal, and to the
Board of Architectural Review or DCD Director in determining
whether the project meets the design criteria.
{Ord. 2235 §4 (part), 2009; Ord. 1865 §2, 1999)
1-8
18.06.205 Designated Facility Zone
"Designated facility zone" means a zoning district in which
hazardous waste treatment and storage facilities are allowed uses,
subject to the State siting criteria designated in RCW 70.105.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.208 Detached Zero -Lot -Line Units
"Detached zero -lot -line units" means a development pattern of
detached dwelling units constructed immediately adjacent to one
side lot line (i.e., no side yard setback), coupled with an easement
on the adjacent lot in order to maintain separation between
structures. The easement will provide access rights for
maintenance purposes, and help preserve privacy and usable yard
space.
{Ord. 2199 §5, 2008)
1-8
18.06.210 Development
"Development" means the construction, reconstruction,
conversion, structural alteration, relocation or enlargement of any
structure that requires a building permit.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.215 Development Area
"Development area" means the impervious surface area plus
75% of any area of pervious hard surface.
18.06.216 Development Permit
"Development permit" means a permit for development in
accordance with specific approved plans that are on file with the
Department.
(Ord. 2518 §3, 2016; Ord. 2075 §1 (part), 2004;
Ord. 1758 §1 (part), 1995)
a-8
18.06.217 Development, Shoreline
"Development, shoreline" means, when conducted within the
Shoreline Jurisdiction on shorelands or shoreland areas as defined
herein, a use consisting of the construction or exterior alteration of
structures; dredging; drilling; dumping; filling; removal of any sand,
gravel, or minerals; construction of bulkheads; driving of piling;
placing of obstructions; or any project of a permanent or temporary
nature that interferes with the normal public use of the waters
overlying lands subject to the Shoreline Management Act at any
stage of water level. —_"Development, Shoreline" does not include
dismantling or removing structures if there is no other associated
development or re -development.
(Ord. 2627 §1, 2020; Ord. 2347 §8, 2011)
a-8
18.06.220 Diameter at Breast Height (DBH)
"Diameter at Breast Height (DBH)" means the diameter of
existing trees measured four and one-half feet above the ground.
1-8
18.06.222 Dike
"Dike" means an embankment or structure built in the river
channel to contain or redirect flow within the channel and prevent
shoreline destabilization.
(Ord. 2347 §7, 2011)
1-8
18.06.225 Director
"Director" means the Director of the Department of Community
Development, unless otherwise stated.
{Ord. 1758 §1 (part), 1995)
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Page 18-17
TITLE 18 — ZONING
a-8
18.06.230 District
"District" means an area or district accurately defined as to
boundaries and location on the official zoning map (Figure 18-10)
and within which district only certain types of land uses are
perm itted.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.232 District, Overlay
"District, overlay" means a set of zoning requirements that is
described in the title text, mapped, and is imposed in addition to
those of the underlying district
(Ord. 1758 §1 (part), 1995)
1-8
18.06.234 Diversion Facility
`Diversion facility" is a facility that provides community crisis
services, which diverts people from jails, hospitals or other
treatment options due to mental illness or chemical dependency,
including those facilities that are considered "Triage facilities"
under RCW 71.05.020 (43) and those facilities licensed as crisis
stabilization units by the State of Washington.
(Ord. 2353 §2, 2011; Ord. 2287 §1, 2010)
1-8
18.06.235 Diversion Interim Services Facility
"Diversion interim services facility" is a facility that provides
interim or respite services, such as temporary shelter, medical
mental health treatment, case management or other support
options such as transportation arrangements for patients who are
referred to such a facility from a diversion facility.
{Ord. 2287 §2, 2010)
1-8
18.06.237 Dormitory
"Dormitory" means a residential building or use which provides
housing for students attending an affiliated school or housing for
members of a religious order. —_Dormitories may include kitchens,
cafeterias, meeting rooms, laundry rooms and other accessory
facilities to serve the residents of the facility.
{Ord. 1976 §15, 2001)
a-8
18.06.240 Driveway
"Driveway" means a private road giving access from a public
way to a building or abutting grounds.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.242 Durable Uniform Surface
"Durable uniform surface" means a durable uniform surface
approved for the storage of vehicles by the City and consists of:
1. Permeable pavement, such as grasscrete, porous
pavers, permeable asphalt; or
2. Three inches of 3/8" to 1-1/4" crushed porous
aggregate consisting of open -graded top course, base course, or
similar material with 35-40% porosity. —_Mud or other fine materials
should be prevented from working their way to the surface by the
installation of a geotextile fabric, quarry spalls, or other approved
materials below the porous aggregate; or
Produced by the City of Tukwila, City Clerk's Office
Page 18-11153
TITLE 18 — ZONING
3. Concrete (4" minimum Portland cement concrete)
over gravel section as described above and sloped to drain to
prevent drainage impacts; or
4. Blacktop (2" minimum asphalt concrete pavement)
over gravel section as described above and sloped to drain to
prevent drainage impacts; or
5. Any other configuration of materials approved by the
City that maintains a durable uniform surface and prevents
drainage impacts.
(Ord. 2518 §5, 2016)
1-8
18.06.245 Dwelling, Manufactured Home or Mobile
Home
"Manufactured home dwelling" means a single-family dwelling
required to be built in accordance with the regulations adopted
under the National Manufactured Housing Construction and Safety
Standards Act of 1974
(Ord. 2097 §1, 2005; Ord. 1758 §1 (part), 1995)
1-8
18.06.246 Dwelling, Mobile Home
"Dwelling, mobile home" means a factory -built dwelling
constructed before June 15, 1976, to standards other than the
National Manufactured Housing Construction and Safety
Standards Act of 1974 and acceptable under applicable State
codes in effect at the time of construction or introduction of the
home into this state.
{Ord. 2097 §1, 2005)
1-8
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.
1-8
18.06.248 Dwelling, Single -Family
"Single-family dwelling" means a building, modular home or
new manufactured home, designed to contain no more than one
dwelling unit plus two accessory dwelling units.
;
1-8
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)
1-8
18.06.250 Ecological/Ecosystem Functions (or
Shoreline Functions)
"Ecological/ecosystem functions (or shoreline functions)"
means the work performed or role played by the physical,
chemical, and biological processes that contribute to the
maintenance of the aquatic and terrestrial environments that
constitute the shoreline's natural ecosystem. —_See WAC 173-26-
200 (2)(c).
4-8
{Ord. 2347 §9, 2011)
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-19
TITLE 18 — ZONING
18.06.252 Ecosystem -Wide Processes
"Ecosystem -wide processes" means the suite of naturally
occurring physical and geologic processes of erosion, transport,
and deposition; and specific chemical processes that shape
landforms within a specific shoreline ecosystem and determine
both the types of habitat and the associated ecological functions.
{Ord. 2347 §10, 2011)
1-8
18.06.255 Emergency Housing
"Emergency housing" shall have the meaning listed in RCW
36.70A.030.
{Ord. 2658 §2, 2021)
(001) Emergency Shelter
"Emergency shelter" shall have the meaning listed in
RCW 36.70A.030.
(Ord. 2658 §3, 2021)
(002) Permanent Supportive Housing
"Permanent supportive housing" shall have the meaning
listed in RCW 36.70A.030.
{Ord. 2658 §4, 2021)
(003) Transitional Housing
"Transitional housing" means a facility that provides housing,
case management, and supportive services to homeless persons
or families and that has as its purpose facilitating the movement of
homeless persons and families into independent living.
(Ord. 2658-§5, 2024)
(004) Domestic Shelter
"Domestic Shelter" means a one- or two -unit residential
building providing housing on a short-term basis for victims of
abuse and their dependents (children under the age of 18).
{Ord. 2658 §5, 2021; Ord. 1976 §16, 2001)
1-8
18.06.258 Electric vehicle
"Electric vehicle" means any vehicle that operates, either
partially or exclusively, on electrical energy from the grid, or an off -
board source, that is stored on -board for motive purpose. _"Electric
vehicle" includes:-_(1) a battery electric vehicle; (2) a plug-in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a
medium -speed electric vehicle.
(Ord. 2324 §4, 2011)
1-8
18.06.259 Electric Vehicle Charging Station
"Electric vehicle charging station" means a public or private
parking space that is served by battery charging station equipment
that has as its primary purpose the transfer of electric energy (by
conductive or inductive means) to a battery or other energy storage
device in an electric vehicle.
{Ord. 2324 §5, 2011)
1-8
18.06.260 Electric Vehicle Charging Station -Restricted
"Electric vehicle charging station —restricted" means an
electric vehicle charging station that is (1) privately owned and has
restricted access (e.g., single-family home, executive parking,
designated employee parking) or (2) publicly owned and restricted
(e.g., fleet parking with no access to the general public).
ford 232A §6 2044)
1-8
18.06.261 Electric Vehicle Charging Station -Public
"Electric vehicle charging station —public" means an electric
vehicle charging station that is (1) publicly owned and publicly
available (e.g., Park & Ride parking, public library parking lot, on -
street parking) or (2) privately owned and publicly available (e.g.,
shopping center parking, non -reserved parking in multi -family
parking lots).
{Ord. 2324 §7, 2011)
1-8
18.06.262 Electric Vehicle Infrastructure
"Electric vehicle infrastructure" means structures, machinery,
and equipment necessary and integral to support an electric
vehicle, including battery charging stations, rapid charging
stations, and battery exchange stations.
{Ord. 2324 §8, 2011)
1-8
18.06.263 Electric Vehicle Parking Space
"Electric vehicle parking space" means any marked parking
space that identifies the use to be exclusively for the parking of an
electric vehicle.
{Ord. 2324 §9, 2011)
1-8
18.06.264 Engineer, Geotechnical
"Geotechnical engineer" means a professional engineer who
can document at least four years of employment as a professional
engineer in the field of geotechnical engineering.
(Ord. 2075 §1 (part), 2004; Ord. 1758 §1 (part), 1995)
1-8
18.06.266 Engineer, Professional
"Professional engineer" means an engineer licensed in the
State of Washington.
Produced by the City of Tukwila, City Clerk's Office
Page 18-24155
TITLE 18 — ZONING
1-8
18.06.268 Engineering, Geotechnical
"Geotechnical engineering" means the application of civil
engineering technology that combines the basic physical sciences,
geology and pedology, with hydraulic, structural, transportation,
construction, and mining engineering as each relates to the natural
materials found at or near the earth's surface (soils and rock).
Geotechnical engineering includes:
1. Soils mechanics: —_kinematics, dynamics, fluid
mechanics, and mechanics of material applied to soils in order to
build with or on soils.
2. Foundation engineering: —_applied geology, soil
mechanics, rock mechanics, structural engineering to design, and
construction of civil engineering and other structures. —_Evaluate
foundation performance (static and dynamic loading), stability of
natural and excavated slopes, stability of permanent and
temporary earth -retaining structures, construction problems,
control of water movement and soil pressures, maintenance and
rehabilitation of old buildings.
3. Rock engineering: _buildings, dams, deep
excavations, tunnels.
1-8
18.06.269 Environment Designation
"Environment designation" means the term used to describe
the character of the shoreline in Tukwila based upon the
recommended classification system established by WAC 173-26-
211 and as further refined by Tukwila's Shoreline Master Program
(SMP).
(Ord. 2347 §11, 2011)
1-8
18.06.270 Essential Public Facility
"Essential public facility" means a facility which provides a
basic public service, provided in one of the following manners:
directly by a government agency, by a private entity substantially
funded or contracted for by a government agency, or provided by
a private entity subject to public service obligations (i.e., private
utility companies which have a franchise or other legal obligation
to provide service within a defined service area). —_This does not
include facilities that are operated by a private entity in which
persons are detained in custody under process of law pending the
outcome of legal proceedings.
{Ord. 2678 §6, 2022; 1758 §1 (part), 1995)
1-8
18.06.280 Essential Use
"Essential use" means that
promotion of which the use district
other permitted uses are subordinat
use for the preservation or
was created and to which all
e.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.283 Essential Utility
"Essential utility" means a utility facility or utility system where
no feasible alternative location exists based on an analysis of
technology and system efficiency.
{Ord. 2625 §5, 2020)
1-8
18.06.285 Essential Street, Road, or Right -of -Way
"Essential street, road, or right-of-way" means a street, road
or right-of-way where no feasible alternative location exists based
on an analysis of technology and system efficiency.
{Ord. 2625 §4, 2020; Ord. 1758 §1 (part), 1995)
a-8
18.06.287 Extended -Stay Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings
or portion thereof, the units of which contain independent
provisions for living, eating and sanitation including, but not limited
to, a kitchen sink and permanent cooking facilities, a bathroom and
a sleeping area in each unit, and are specifically constructed, kept,
used, maintained, advertised and held out to the public to be a
place where temporary residence is offered for pay to persons for
a minimum stay of more than 30 days and a maximum stay of six
months per year. Extended -stay hotels or motels shall not include
dwelling units, as defined in this section, for permanent occupancy.
The specified units for extended -stay must conform to the required
features, building code, and fire code provisions for dwelling units
as set forth in this code. Nothing in this definition prevents an
extended -stay unit from being used as a hotel or motel unit.
Extended -stay hotel or motels shall be required to meet the
hotel/motel parking requirements. Not included are institutions
housing persons under legal restraint or requiring medical attention
or care.
{Ord. 2251 §4, 2009)
a-8
18.06.290 Extremely Hazardous Waste
"Extremely hazardous waste" means those solid wastes
designated in WAC 173-303-070 through 173-303-103 as
extremely hazardous waste.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.300 Family Child Care Home
"Family child care home" means a "family day-care provider"
as defined in RCW 74.15.020:- a state -licensed facility in the family
residence of the licensee providing regularly scheduled care for 12
or fewer children, including children who reside at the home, within
an age range of birth through 11 years, exclusively for periods less
than 24 hours per day. _An off-street parking space shall be made
available for any non-resident employee.
{Ord. 1976 §10, 2001; Ord. 1758 §1 (part), 1995)
Prepdjed by the City of Tukwila, City Clerk's Office
Page 18-21
TITLE 18 — ZONING
18.06.305 Feasible
"Feasible" means, for the purpose of the Shoreline Master
Program, that an action such as a development project, mitigation,
or preservation requirement, meets all of the following conditions:
1. The action can be accomplished with technologies
and methods that have been used in the past in similar
circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and
likely to achieve the intended results;
2. The action provides a reasonable likelihood of
achieving its intended purpose; and
3. The action does not physically preclude achieving
the project's primary intended legal use.
In cases where these guidelines require certain actions unless
they are infeasible, the burden of proving infeasibility is on the
applicant. —_In determining an action's infeasibility, the reviewing
agency may weigh the action's relative public costs and public
benefits, considered in the short- and long-term time frames.
(Ord nee a12 2n14)
a-8
18.06.310 Fence
"Fence" means a wall or barrier for the purpose of enclosing
space, separating parcels of land or acting as a screen or
protective barrier.
(Ord. 1758 §1(part), 1995)
1-8
18.06.315 Filling
"Filling" means the act of transporting or placing (by any
manner or mechanism) fill material from, to, or on any soil surface,
natural vegetative covering of soil surface, or fill material (including
temporary stockpiling of fill material).
(Ord. 1758 §1(part), 1995)
1-8
18.06.318 Final Plat
"Final plat" means the final drawing of the subdivision and
dedication prepared for filing for record with the Department of
Records and ElcctionsKing County Department of Executive
Services, and containing all elements and requirements set forth in
the subdivision code.
(Ord. 1834 §2 (part), 1998)
a-8
18.06.320 Fire Lane
"Fire lane" means an aisle, lane or roadway on an improved
site which is designed, constructed and required for emergency
access of fire and aid unit vehicles.
a-8
(Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-257
TITLE 18 — ZONING
18.06.325 Floor Area
"Floor area" means the sum of the gross horizontal areas of
the floors of a building or buildings, measured from the exterior
walls and from the centerline of divisions walls.— Floor area
includes basement space, elevator shafts and stairwells at each
floor, mechanical equipment rooms or attic spaces with headroom
of 7 feet 6 inches or more, penthouse floors, interior balconies and
mezzanines, enclosed porches, and malls. —_Floor area shall not
include accessory water tanks and cooling towers, mechanical
equipment or attic spaces with headroom of less than 7 feet 6
inches, exterior steps or stairs, terraces, breezeways and open
spaces.
(Ord. 1758 §1 (part), 1995)
18.06.330 Flood Plain
"Flood plain" means that land area susceptible to inundation
with a one percent chance of being equaled or exceeded in any
given year (synonymous with 100-year flood plain). —_The limit of
this area shall be based upon flood ordinance regulation maps or
a reasonable method that meets the objectives of the Shoreline
Management Act.
{Ord. 2347 §13, 2011)
a-8
18.06.335 Flood Hazard Reduction
"Flood hazard reduction" means actions taken to reduce flood
damage or hazards.— Flood hazard reduction measures may
consist of nonstructural or indirect measures, such as setbacks,
land use controls, wetland restoration, dike removal, use
relocation, bioengineering measures, and storm water
management programs; and of structural measures such as dikes
and levees intended to contain flow within the channel, channel
realignment, and elevation of structures consistent with the
National Flood Insurance Program.
(Ord. 2347 §14, 2011)
1-8
18.06.338 Floodway
"Floodway" means the area that has been established in
effective federal emergency management agency flood insurance
rate maps or floodway maps. The floodway does not include lands
that can reasonably be expected to be protected from flood waters
by flood control devices maintained by or maintained under license
from the federal government, the state, or a political subdivision of
the state.
(Ord. 2627 §2, 2020; Ord. 2347 §15, 2011)
1-8
18.06.340 Fraternal Organization
"Fraternal organization" means a group of people formally
organized for a common interest, usually cultural, religious or
entertainment, with regular meetings, rituals and formal written
membership requirements.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.345 Garage, Private
"Private garage" means sheltered or enclosed space designed
and used for the storage of motor vehicles or boats of the residents
of the premises.
1-818.06.353 General Retail
"General retail" is a business or a store which engages in the
sale of goods and/or services to the general public. —_Examples
include department stores and personal service shops.
(Ord. 1795 §1 (part), 1997)
a-8
18.06.355 Geologist
"Geologist" means a person licensed to practice as a geologist
in the State of Washington who has earned a degree in geology,
engineering geology, hydrogeology or one of the related geological
sciences from an accredited college or university, or a person who
has equivalent educational training and has experience as a
practicing geologist.
Prep3ed by the City of Tukwila, City Clerk's Office
Page 18-23
TITLE 18 — ZONING
18.06.365 Grade
"Grade" (adjacent ground elevation) means the lowest point of
elevation of the finished surface of the ground between the exterior
wall of a building and a point five feet distant from said wall, or the
lowest point of elevation of the finished surface of the ground
between the exterior wall of a building and the property line, if it is
less than five feet distant from said wall.— In case walls are parallel
to and within five feet of a public sidewalk, alley, or other public
way, the grade shall be the elevation of the sidewalk, alley or public
way.
{Ord. 1758 §1 (part), 1995)
18
18.06.370 Grading
"Grading" means activity that results in change of the cover or
topography of the earth, or any activity that may cause erosion,
including clearing, excavation, filling and stockpiling.
(Ord. 2347 §16, 2011; Ord. 1758 §1 (part), 1995)
18
18.06.380 Groundcover
"Groundcover" means trees, shrubs and any other plants or
natural vegetation which covers or shades in whole or in part the
earth's surface.
{Ord. 1758 §1 (part), 1995)
18
18.06.385 Hazardous Substance
"Hazardous substance" means any liquid, solid, gas or sludge,
including any material, substance, product, commodity or waste,
regardless of quantity, that exhibits any of the characteristics or
criteria of hazardous waste as defined by WAC 173-303.
(Ord. 1758 § 1 (part), 1995)
18
18.06.390 Hazardous Substance Processing or
Handling
"Hazardous substance processing or handling" means the
use, storage, manufacture, production, or other land use activity
involving hazardous substances. _Hazardous substances
processing and handling activities do not include individually
packaged household consumer products or quantities of
hazardous substances of less than five gallons in volume per
container.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.395 Hazardous Tree
See "Defective Tree."
(Ord. 2523 §2, 2017; Ord. 1758 §1 (part), 1995)
1818.06.400 Hazardous Waste
"Hazardous waste" means and includes all waste as defined
in this definitions chapter and all extremely hazardous waste as
defined in this definitions chapter.
{Ord. 1758 §1 (part), 1995)
18.06.405 Hazardous Waste Storage
"Hazardous waste storage" means the holding of hazardous
waste for a temporary period. —_Accumulation of waste on the site
of generation is not storage as long as the storage complies with
applicable requirements of WAC 173-303.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.410 Hazardous Waste Treatment
"Hazardous waste treatment" means the physical, chemical,
or biological processing of dangerous waste to make such wastes
non -dangerous or less dangerous, safer for transport, or amenable
for energy or material resource recovery.
{Ord. 1758 §1 (part), 1995)
4-8
3.06.415 Hazardous Waste Treatment and Storage
Facility, Off -Site
"Off -site hazardous waste treatment and storage facility"
means the treatment and storage of hazardous wastes from
generators on properties other than that on which the off -site facility
is located.
(Ord. 1758 §1 (part), 1995)
4-8
.06.420 Hazardous Waste Treatment and Storage
Facility, On -Site
"On -site hazardous waste treatment and storage facility"
means the treatment and storage of hazardous wastes generated
on the same site.
{Ord. 1758 §1 (part), 1995)
1-8
.06.430 Home Occupation
"Home occupation" means an occupation or profession which
is customarily incident to or carried on in a dwelling place, and not
one in which the use of the premises as a dwelling place is largely
incidental to the occupation carried on by a resident of the dwelling
place.
(Ord. 2718 §3, 2023; Ord. 1974 §11, 2001; Ord. 1758 § 1 (part), 1995)
a-8
18.06.435 Hospital
"Hospital" means a building requiring a license pursuant to
Chapter RCW 70.41 Viand used for the medical and surgical
diagnosis, treatment and housing of persons under the care of
doctors and nurses. Rest homes, nursing homes, convalescent
homes, diversion facility/diversion interim services facility and
outpatient medical clinics are not included.
{Ord. 2287 §5, 2010; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-2159
TITLE 18 — ZONING
18.06.440 Hotel
"Hotel" means a building, or buildings or portion thereof, the
units of which are used, rented or hired out as sleeping
accommodations only for the purpose of transitory housing. -_Hotel
rooms shall have their own private toilet facilities, and may or may
not have their own kitchen facilities.— Hotels shall not include
dwelling units, as defined in this section, for permanent occupancy.
A central kitchen, dining room and accessory shops and services
catering to the general public can be provided. -_No room may be
used by the same person or persons for a period exceeding thirty
(30) calendar days per year. -_Not included are institutions housing
persons under legal restraint or requiring medical attention or care.
(Ord. 2251 §5, 2009; Ord. 1758 §1 (part), 1995)
1-8
18.06.445 Impervious Surface
"Impervious surface" means those hard surfaces which
prevent or retard the entry of water into the soil in the manner that
such water entered the soils under natural conditions prior to
development; or a hard surface area which causes water to run off
the surface in greater quantities or at an increased rate of flow from
the flow present under natural conditions prior to development.
Such surfaces include, but are not limited to, rooftops, asphalt or
concrete paving, compacted surfaces or other surfaces which
similarly affect the natural infiltration or runoff patterns existing prior
to development.
1-8
18.06.450 Infrastructure
"Infrastructure" means the basic installations and facilities on
which the continuance and growth of a community depend, such
as roads, public buildings, schools, parks, transportation, water,
sewer, surface water and communication systems.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.453 Integrated Site
"Integrated site" means a commercial or industrial zoned
property for which a Binding Site Improvement Plan is being or has
been approved and recorded. -_The site typically contains within it
multiple tracts of land under separate leasehold or ownership, but
functions as a single center. -_Characteristics of an integrated site
includes commonly shared access, parking, utilities, signage and
landscaping; the site is not bisected by a public or private street;
and zoning and sign regulations are applied to the entire site, as if
there were no interior property lines.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.454 Internet Data/Telecommunication Center
"Internet data/telecommunication center" means a secure,
climate -controlled facility with emergency backup power that
contains internet data transmission and switching equipment
and/or telecommunication transmission and switching equipment.
This equipment may include computer network routers, switches
and servers for one or more companies.
1-8
(Ord. 1974 §1, 2001)
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TITLE 18 — ZONING
18.06.456 Invasive Plant and Tree List
"Invasive Plant and Tree List" means the City of Tukwila's list
of plants and trees that are prohibited from being planted in
landscaped areas subject to an approved landscape plan, and City
properties and rights -of -way.
(Ord.-2569-§12,2048)
1-8
18.06.460 Junk Yard
"Junk yard" means a lot, land or structure, or part thereof, used
for the collection, storage and sale of waste paper, rags, scrap
metal or discarded material; or for the collecting, dismantling,
storage, salvaging and sale of parts of machinery or vehicles not
in running condition.
1-8
18.06.465 Kennel
"Kennel" means a place where four or more dogs or cats or
any combination thereof are kept.
(Ord. 1758 §1(part), 1995)
1-8
18.06.470 Laboratory, Medical and Dental
"Medical or dental laboratory" means premises devoted to
sample testing or product development in any branch of medicine
or dentistry, including the application of scientific principles in
testing, analysis, or preparation of drugs, chemicals or other
products or substances but specifically excluding the commercial
manufacturing or storage and distribution operations in excess of
20,000 square feet of floor area.
1-8
18.06.472 Large Woody Debris (LWD)
"Large Woody Debris (LWD)" means whole trees with root
wads and limbs attached, cut logs at least 4 inches in diameter
along most of their length, root wads at least 6.5 feet long and 8
inches in diameter. —_Large woody debris is installed to address a
deficiency of habitat and natural channel forming processes.
(Ord. 2347 §17, 2011)
1-8
18.06.473 Land Surveyor
"Land surveyor" means an individual registered in accordance
with the provisions of RCW 18.43 and licensed to perform land
surveys in the State of Washington.
1-8
18.06.475 Land -Altering Activity
"Land -altering activity" means any activity that results in
change of the natural cover or topography, as defined in TMC
Chapter 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
1-8
18.06.480 Land -Altering Permit
"Land -altering permit" means a permit for land -altering activity
issued by the City of Tukwila pursuant to TMC Chapter 16.54, Land
Altering.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.486 Landscape Design Professional
"Landscape Design Professional" means a landscape
architect licensed by the State of Washington or an individual who
has graduated from an accredited landscape design program.
(Ord. 2569 §14, 2018)
1-8
18.06.490 Landscaping or Landscaped Areas
"Landscaping or landscaped areas" means natural vegetation
such as trees, shrubs, groundcover, and other landscape materials
arranged in a manner to produce an aesthetic effect appropriate
for the use to which the land is put. —in addition, landscaping or
landscaped areas may serve as bioswales to reduce storm water
runoff, subject to the standards of this chapter and TMC Chapter
14.30.
(001) Mulch
"Mulch" means wood chips, bark or other organic material
that covers the ground for weed control and water retention
purposes.
(Ord-2569 4
1-8
18.06.492 Lease
"Lease" means a contract or agreement whereby one party
grants to another party general or limited rights, title or interest in
real property. —_This definition is intended to apply to those
agreements which are ordinarily considered "ground leases", and
shall not apply to those which are ordinarily considered "space
leases."
1-8
18.06.493 Levee
"Levee" means a broad embankment of earth built parallel with
the river channel to contain flow within the channel and prevent
flooding from a designated design storm.
(Ord. 2347 §18, 2011)
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Page 18-461
TITLE 18 — ZONING
a-8
18.06.495 Loading Space
"Loading space" means a space which is on the same site with
the principal use served and which provides for the temporary
parking of a vehicle while loading or unloading merchandise,
materials or passengers.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.500 Lot
A. "Lot" means a physically separate and distinct parcel of
property which:
1. was created by plat, short platsubdivision; or binding
site plan; or
2. was bought or sold as a separately -owned parcel of
property prior to the requirement that lots be created by plat, short
platsubdivision or binding site plan; or
3. was created by a transaction which was exempt from
the requirement that lots be created by plat, short platsubdivision
or binding site plan.
B. "Lots" may be bought or sold as separate parcels of
property, but the fact that a parcel of property is defined as a "lot"
does not necessarily mean that it may be developed as a separate
building site.
{Ord. 2097 §3, 2005; Ord. 1758 §1 (part), 1995)
a-8
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary
lines of a lot and exclusive of street right-of-way, street easement,
fire access roads or private access roads except, where the private
road serves four or fewer lots.
(Ord. 2251 §6, 2009; Ord. 1834 §3, 1998;
Ord. 1758 §1 (part), 1995)
1-818.06.510 Lot, Corner
"Corner lot" means a lot abutting two or more streets or parts
of the same street forming an interior angle of less than 135
degrees within the lot lines.
{Ord. 1758 §1 (part), 1995)
18.06.520 Lot Depth
"Lot depth" means the mean dimension of the lot from the front
street line to the rear line.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.525 Lot Frontage
"Lot frontage" means that front portion of a lot nearest the
street, except on a corner lot in which case the front yard shall be
considered the narrowest part of the lot that abuts a street.
a-8
18.06.530 Lot Lines
"Lot lines" means the property lines bounding the lot; except
that in MDR and HDR zones, lot lines shall also include the curbline
or edge or easement, whichever provides a greater width, of any
adjacent `access roads'.
{Ord. 1758 §1(part), 1995)
1-8
18.06.535 Lot, Interior
"Interior lot" means a lot other than a corner lot with only one
frontage on a street.
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-27
TITLE 18 — ZONING
(Ord. 1758 §1 (part), 1995)
48
18.06.538 Lot, Parent
"Parent lot" means the initial lot from which unit lots are
subdivided for the exclusive use of townhouses, cottage housing,
compact single-family, zero -lot -line units, or any combination of the
above types of residential development.
(Ord. 2199 §6, 2008)
1-8
18.06.540 Lot, Through
"Through lot" means a lot fronting on two streets that do not
intersect on the parcel's lot lines.
(Ord. 1758 §1 (part), 1995)
48
18.06.543 Lot, Unit
"Unit lot" means one of the individual lots created from the
subdivision of a parent lot for the exclusive use of townhouses,
cottage housing, compact single-family, zero -lot -line units, or any
combination of the above types of residential development.
(Ord. 2199 §7, 2008)
1-8
18.06.545 Lot Width
"Lot width" means the mean horizontal distance between lot
side lines.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.551 Marijuana
"Marijuana" means all parts of the plant Cannabis, whether
growing or not, with a THC concentration greater than 0.3 percent
on a dry weight basis; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin.
The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
{Ord. 2407 §2, 2013)
18.06.552 Marijuana Processor
"Marijuana processor" means a person licensed by the state
Liquor and Cannabis Board to process marijuana, whether medical
or recreational, into marijuana concentrates, useable marijuana
and marijuana -infused products; package and label marijuana
concentrates, useable marijuana and marijuana -infused products
for sale in retail outlets; and sell marijuana concentrates, useable
marijuana and marijuana -infused products at wholesale to
marijuana retailers.
(Ord. 2479 §3, 2015; Ord. 2407 §3, 2013)
Produced by the City of Tukwila, City Clerk's Office Page 18-263
TITLE 18 — ZONING
a-8
18.06.553 Marijuana Producer
"Marijuana producer" means a person licensed by the state
Liquor and Cannabis Board to produce and sell marijuana, whether
medical or recreational, at wholesale to marijuana processors and
other marijuana producers.
(Ord. 2479 §4, 2015; Ord. 2407 §4, 2013)
1-8
18.06.554 Marijuana Retailer
"Marijuana retailer" means a person licensed by the state
Liquor and Cannabis Board to sell marijuana concentrates, use-
able marijuana, and marijuana -infused products in a retail outlet,
for either recreational or medical use.
a-8
18.06.555 Major Adjustment
"Major adjustment" means an adjustment determined by the
Director as a major change in a final development plan which
changes the basic design, density, open space or other substantive
requirements or provisions.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.556 Marijuana -infused Products
"Marijuana -infused products" means products that contain
marijuana or marijuana extracts; are intended for human use,
whether medical or recreational; and have a THC concentration
within the limits set forth in RCW 69.50.101. The term "marijuana -
infused products" does not include either useable marijuana or
marijuana concentrates.
(Ord. 2479 §6, 2015; Ord. 2407 §6, 2013)
1-8
18.06.557 Marijuana Concentrates
"Marijuana concentrates" is as defined under RCW 69.50.101.
{Ord. 2479 §2, 2015)
1-8
18.06.560 Mall
"Mall" means an enclosed public area, typically a concourse,
designed as a pedestrian walkway along rows of shops and often
set with landscaping and/or seating.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.565 Manufactured/Mobile Home Park
"Manufactured/mobile home park" means a master planned
development consisting of a grouping of manufactured or mobile
home dwellings, and may include park management offices and
accessory community facilities for the exclusive use of park
residents, such as recreation, laundry or storage facilities.
{Ord. 1758 §1 (part), 1995)
1-818.06.567 Manufacturing
"Manufacturing" is a building or group of buildings which
specializes in the manufacturing of products or in the research and
testing of products. _Examples include factories, testing
laboratories, creameries, bottling establishments, bakeries,
canneries, printing and engraving shops.
{Ord. 1795 §1(part), 1997)
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-29
TITLE 18 — ZONING
1-8
18.06.568 Mass Transit Facilities
"Mass transit facilities" shall include structures and
infrastructure for public or private transportation systems having
established routes and schedules such as transit centers,
commuter and light rail facilities, both rail lines and stations,
monorails, people movers and other similar mass transit facilities
but not including incidental improvements such as bus stops.
{Ord. 1865 §3, 1999)
1-8
18.06.570 Mean High Water Mark
"Mean high water mark" means the elevation of the surface of
Green River and Duwamish River waters when the discharge rate
at the U. S. Geological Survey Stream Gauging Station, Green
River near Auburn (121130), is 9,000 cfs and as determined by
maps on file with the City Clerk.
{Ord. 1758 §1(part), 1995)
1-8
18.06.571 Mean Higher High Water (MHHW)
"Mean Higher High Water (MHHW)" means the average of the
higher high water height of each tidal day, and used in determining
the ordinary high water mark for the tidally influenced portions of
the river.
{Ord. 2347 §20, 2011)
1-8
18.06.575 Mining and Quarrying
"Mining and quarrying" means removal and processing of
sand, gravel, rock, peat, black soil, and other natural deposits,
greater than 50,000 cubic yards cumulative.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.580 Minor Adjustment
"Minor adjustment" means any change which is not
determined by the Director to be a major change.
{Ord. 1758 §1(part), 1995)
18.06.581 Mitigation
"Mitigation" means replacing project induced critical area and
buffer losses or impacts, and includes but is not limited to the
following:
1. Restoration: —_Actions performed to reestablish
critical area and its buffer functional characteristics and processes
that have been lost by alterations, activities or catastrophic events
within an area that no longer meets the definition of a critical area;
2. Creation: _Actions performed to intentionally
establish a critical area and its buffer at a site where it did not
formerly exist;
3. Enhancement: —_Actions performed to improve the
condition of an existing degraded critical area or its buffer so that
the functions it provides are of higher quality.
(Ord. 2625 §6, 2020; Ord. 2075 §1 (part), 2004;
Ord. 1758 §1 (part), 1995)
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TITLE 18 - ZONING
4818.06.583 Modular Home
"Modular home" means a factory -built residential structure,
transportable in one or more sections, which meets the
requirements of the Uniform Building Code.
(Ord. 1974 §6, 2001)
1-8
18.06.585 Motel
"Motel" means a building or buildings or portion thereof, the
units of which are used, rented, or hired out as sleeping
accommodations only for the purposes of transitory housing. -_A
motel includes tourist cabins, tourist court, motor lodge, auto court,
cabin court, motor inn and similar names but does not include
accommodations for travel trailers or recreation vehicles.- Motel
rooms shall have their own private toilet facilities and may or may
not have their own kitchen facilities. -_Motels are distinguished from
hotels primarily by reason of providing adjoining parking and direct
independent access to each rental unit. -_Motels shall not include
dwelling units, as defined in this section, for permanent occupancy.
No room may be used by the same person or persons for a period
exceeding 30 calendar days per year. -_Not included are institutions
housing persons under legal restraint or requiring medical attention
or care.
(Ord. 2251 §7, 2009; Ord. 1758 §1 (part), 1995)
48
18.06.586 Native Vegetation
"Native vegetation" means plant species, other than noxious
weeds, that are indigenous to the coastal region of the Pacific
Northwest and that reasonably could be expected to have occurred
naturally on the site.
fOrd 25t8 §4 2n1a• O 47--§2 2n44i
1-8
18.06.587 New Manufactured Home
"New manufactured home" means any manufactured home
required to be titled under Title 46 RCW, which has not been
previously titled to a retail purchaser, and is not a "used mobile
home" as defined in RCW 82.45.032(2).
(Ord. 2097 §4, 2005)
48
18.06.588 No Net Loss
"No net loss" means a standard intended to ensure that
shoreline development or uses, whether permitted or exempt, are
located and designed to avoid loss or degradation of shoreline
ecological functions that are necessary to sustain shoreline natural
resources.
{Ord. 2347 §22, 2011)
48
18.06.589 Nonconforming Use, Shoreline
"Nonconforming use, shoreline" means a use or development
that was lawfully constructed or established prior to the effective
date of the Shoreline Management Act or the Shoreline Master
Program or amendments thereto, but which does not conform to
present regulations or standards of the program.
(Ord. 2347 §23, 2011)
1-8
18.06.590 Nonconforming Use
"Nonconforming use" means the use of land which does not
conform to the use regulations of the district in which the use exists.
(Ord. 1758 §1 (part), 1995)
4818.06.591 Non -Water -Oriented Uses
"Non -water -oriented uses" means those uses that are not
water -dependent, water -related, or water -enjoyment.
(Ord. 2347 §24, 2011)
1-8
18.06.592 Office
"Office" is a building or a group of buildings dedicated to non -
manufacturing types of work that are for the use of employees but
may or may not be for use by the general public. -_Examples include
services such as accounting, advertising,
architectural/engineering, consulting, information processing,
legal, medical and/or dental.
(Ord. 1795 §1(part), 1997)
48
18.06.593 Open Record Appeal
"Open record appeal" means a quasi-judicial appeal to a
hearing body designated by this chapter from a decision regarding
a project permit application that was made without an open record
hearing. —_Testimony and submission of relevant evidence and
information shall be permitted at the hearing on such an appeal.
(Ord. 1768 §1 (part), 1996)
48
18.06.594 Open Record Hearing
"Open record hearing" means a quasi-judicial hearing
conducted by a hearing body which creates the official record
regarding a permit application. -_Oral testimony and submission of
relevant evidence and documents shall be permitted at such a
hearing.
(Ord. 1768 §1 (part), 1996)
48
18.06.595 Open Space
"Open space" means that area of a site which is free and clear
of building and structures and is open and unobstructed from the
ground to the sky.
(Ord. 1758 §1 (part), 1995)
48
18.06.600 Open Space Tract
"Open space tract" means a tract that is established to
preserve open space, and which is recorded on all documents of
title of record for all affected lots and subsequent owners.
(Ord. 1758 §1(part), 1995)
48
18.06.605 Ordinary High Water Mark
"Ordinary High Water Mark" means the mark that will be found
by examining the bed and banks and ascertaining where the
Preyed by the City of Tukwila, City Clerk's Office
Page 18-31
TITLE 18 — ZONING
presence and action of waters (all lakes, streams, and tidal water)
are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on
June 1, 1971, as it may naturally change thereafter, or as it may
change thereafter in accordance with permits issued by a local
government or the Department of Ecology. —_In any area where the
ordinary high water mark cannot be found, the ordinary high water
mark adjoining salt water shall be the line of mean higher high tide
and the ordinary high water mark adjoining fresh water shall be the
line of mean high water.
{Ord. 2347 §25, 2011; Ord. 1758 §1 (part), 1995)
1-8
18.06.607 Overwater Structure
"Overwater structure" means any device or structure
projecting over the ordinary high water mark, including, but not
limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or
buoys.
(Ord. 2347 §26, 2011)
a-8
18.06.610 Parcel
"Parcel" means a tract or plat of land of any size which may or
may not be subdivided or improved.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.611 Park and Ride
"Park and Ride" means a facility for temporarily parking
automobiles, the occupants of which transfer to public transit to
continue their trips.
(Ord. 1986 §3, 2001)
1-8
18.06.613 Parking, Commercial
"Commercial parking" is a use of land or structure for the
parking of motor vehicles as a commercial enterprise for which
hourly, daily or weekly fees are charged.
(Ord. 1986 §4, 2001)
1-8
18.06.615 Parking Space
"Parking space" means an off-street parking space which is
maintained and used for the sole purpose of accommodating a
temporarily parked motor vehicle and which has access to a street
or alley.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.617 Pawnbroker
"Pawnbroker" is an establishment engaged in the buying or
selling of new or secondhand merchandise and offering loans in
exchange for personal property.
{Ord. 1974 §2, 2001)
a-8
18.06.618 Performance Bond or Guarantee
"Performance bond or guarantee" means that security to
ensure installation of certain required improvements which may be
accepted to defer those improvements when such a deferment is
warranted and acceptable to the City.
(Ord. 1834 §2 (part), 1998)
a-8
18.06.620 Performance Standards
"Performance standards" means specific criteria for fulfilling
environmental goals, and for beginning remedial action, mitigation
or contingency measures, which may include water quality
standards or other hydrological, geological or ecological criteria.
Produced by the City of Tukwila, City Clerk's Office
Page 18-367
TITLE 18 — ZONING
1-8
18.06.625 Person
"Person" means any legal entity recognized by the State of
Washington for the purpose of assigning legal responsibility, to
include - but not limited to - individuals, partnerships, corporations,
associations, commissions, boards, utilities, institutions, and
estates.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.627 Pervious Hard Surface
"Pervious hard surface" means permeable pavement or a
green roof.
(Ord. 2518 §6, 2016)
1-818.06.630 Plan
"Plan" means a sketch, survey or other drawing, photograph or
similar document which may be a part of the set of permit drawings
or construction documents, sufficient for the Director to make a
final permit decision.
{Ord. 1758 §1(part), 1995)
1-8
18.06.632 Planned Residential Development (PRD)
"Planned residential development (PRD)" means a form of
residential development characterized by a unified site design for
a number of dwelling units, clustered buildings, common open
space, and a mix of building types. —_The PRD is an overlay district
which is superimposed over the underlying district as an exception
to such district regulations, as processed through procedures
specified in the Planned Residential Development District chapter
of this title. (See TMC 18.46, Planned Residential Development)
(Ord. 1758 §1 (part), 1995)
1-8
18.06.633 Planning Commission
"Planning Commission" means that body as defined under at
Title TMC 2.36 of the Tukwila Municipal Codo.
a-8
18.06.635 Plat
"Plat" means a map or representation of a subdivision,
showing thereon the division of a tract or parcel of land into lots,
blocks, streets, and alleys or other divisions and dedications.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.636 Preliminary Plat
"Preliminary plat" means a neat and approximate drawing of a
proposed subdivision or short plat, showing the general layout of
streets and alleys, lots, blocks, utilities, and restrictive covenants
to be applicable to the proposal, and other elements of a plat which
shall furnish a basis for the approval or disapproval of the
application.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.637 Principal Building
"Principal building" means the principal structure on a lot or
building site designed or used to accommodate the primary use to
which the premises are devoted.
(Ord. 1834 §2 (part), 1998)
18.06.638 Private Access Road
"Private access road" means a minor, privately owned and
maintained road which serves to provide access to lots as
authorized pursuant to TMC 17.24.030 and 17.28.050.
a-8
18.06.640 Property Owner
"Property owner" means the owner of record for a site, or his
or her authorized representative.
(Ord. 1758 §1 (part), 1995)
48
18.06.645 Protected Tree/Protected Vegetation
"Protected tree/protected vegetation" means tree or area of
understory vegetation identified on an approved landscape plan to
be retained and protected during construction.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.650 Protection Measure
"Protection measure" means the practice or combination of
practices (e.g. construction barriers, protective fencing, tree wells,
etc.) used to control construction or development activity, where
such activity may impact vegetation which is approved for retention
in a Tree Permit.
(Ord. 2569 §18, 2018; Ord. 1758 §1 (part), 1995)
1-8
18.06.651 Protective Fencing
"Protective fencing" means a non -flexible, temporary fence or
other structural barrier installed to prevent permitted clearing or
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Page 18-33
TITLE 18 — ZONING
construction activity from adversely affecting vegetation, which is
required by a Tree Permit or approved landscaping plan.
{Ord. 2569 §19, 2018; Ord. 1758 §1(part), 1995)
1-8
18.06.652 Pruning
"Pruning" means the cutting or limbing of tree or shrub
branches as specified in the American National Standards Institute
(ANSI) A300 Pruning standards, and the companion "Best
Management Practices — Tree Pruning" published by the
International Society of Arboriculture.— Pruning does not include
the removal of any portion of the top of the tree, sometimes referred
to as "topping".
(001) Topping
"Topping" means the inappropriate pruning practice used
to reduce tree height by cutting to a predetermined crown limit
without regard to tree health or structural integrity. —_Topping
does not use acceptable pruning practices as described in the
American National Standards Institute (ANSI) A300 Pruning
standards, and the companion "Best Management Practices —
Tree Pruning" published by the International Society of
Arboriculture, such as crown reduction, utility pruning, or crown
cleaning to remove a safety hazard, dead or diseased material.
(Ord. 2569 §20, §27, 2018)
1-8
18.06.655 Public Access
"Public access" means the ability of the general public to
reach, touch or enjoy the water's edge, to travel on the waters of
the state, and to view the water and the shoreline from adjacent
locations. —_Public access may be provided by an owner by
easement, covenant, or similar legal agreement of substantial
walkways, corridors, parks, or other areas serving as a means of
view and/or physical approach to public waters. The Director may
approvc limiting public acccss as to hours of availability, types of
activity permittcd, location and area.
(Ord. 2347 §27, 2011)
1-8
18.06.656 Public Entity
"Public entity" mean any Federal, State, or local government
body or agency.
(Ord. 2135 §2 (part), 2006)
1-8
18.06.657 Public Meeting
"Public meeting" means an informal meeting or workshop to
provide public information regarding a project permit application
and to obtain comments about the application from the public. _The
information gathered at such a meeting does not constitute part of
the official record regarding a project permit application.
1-8
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TITLE 18 — ZONING
18.06.658 Public Right -of -Way
"Public right-of-way" means all public streets, alleys and
property granted, reserved for, or dedicated to public use for
streets and alleys, together with all public property granted,
reserved for, or dedicated to public use, including but not limited to
walkways, sidewalks, trails, shoulders, drainage facilities,
bikeways and horse trails, whether improved or unimproved,
including the air rights, subsurface rights, and easements related
thereto.
{Ord. 2135 §2 (part), 2006)
1-8
18.06.660 Rapid Charging Station
"Rapid charging station" means an industrial grade electrical
outlet that allows for faster recharging of electric vehicle batteries
through higher power levels and that meets or exceeds any
standards, codes, and regulations set forth by chapter RCW 19.28
RCW and is consistent with rules adopted under RCW 19.27.540.
(Ord. 2324 §10, 2011)
1-8
18.06.662 Reach
"Reach" means a segment of a watercourse with uniform
characteristics.
1-8
18.06.665 Recreation Space
"Recreation space" means covered and uncovered space
designed and intended for active and/or passive recreational
activity including but not limited to tennis courts, swimming pools,
cabanas, playgrounds, playfields, or wooded areas, and
specifically excluding any parking area, driveway, or rockery.
{Ord. 1758 §1(part), 1995)
1-8
18.06.670 Recreation Space, Covered
"Covered recreation space" means an area of ground covered
or overlaid by an artificial or manmade surface, such as rooftops or
pavement.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.675 Recreation Space, Uncovered
"Uncovered recreation space" means an area of ground
characterized by a natural surface, such as lawn, forests, or
sandboxes (for children's play).
{Ord. 1758 §1(part), 1995)
18.06.676 Regional Detention Facility
"Regional detention facility" means a stormwater detention
and/or retention facility that accepts flow from multiple parcels
and/or public right -of -way. —_The facility may be public or private.
fOre 234 §28 2n4 )
a-8
18.06.677 Revetment
"Revetment" means a sloping structure built to increase bank
strength and protect an embankment or shore against erosion by
waves or river currents. —_A revetment is usually built of rock rip -
rap, wood, or poured concrete. _One or more filter layers of smaller
rock or filter cloth and "toe" protection are included. —_A revetment
typically slopes and has a rough or jagged face. —_The slope
differentiates it from a bulkhead, which is a vertical structure.
{Ord. 2347 §29, 2011)
Prer'yed by the City of Tukwila, City Clerk's Office
Page 18-35
TITLE 18 — ZONING
1-8
18.06.680 Research and Development Facility
"Research and development facility" means a use in which
research and experiments leading to the development of new
products or technology are conducted. —_This definition includes,
but is not limited to, facilities engaged in all aspects of bio-medical
research and development. —_This use may be associated with, or
accessory to, institutional and commercial uses such as business
or administrative offices and medical facilities.
(Ord. 2235 §2 (part), 2009)
1-8
18.06.682 Religious Facility
"Religious facility" means a facility operated for worship,
prayer, meditation or similar activity by an organization granted tax
exempt status by the Federal Internal Revenue Service.
(Ord. 2251 §8, 2009)
1-8
18.06.685 Residence
"Residence" means a building or structure, or portion thereof,
which is designed for and used to provide a place of abode for
human beings.
(Ord. 1758 §1(part), 1995)
1-8
18.06.687 Restaurant
"Restaurant" is an establishment whose principal business is
the sale of foods to be eaten on the premises, including either
indoor or outdoor seating, which may also include an area reserved
for the sale of alcoholic beverages.
(Ord. 1795 §1(part), 1997)
1-8
18.06.688 Restaurant, Fast Food
"Restaurant, fast food" means an establishment whose
principal business is the sale of foods, frozen desserts, or
beverages served in or on disposable containers for consumption
while seated within the building or in a vehicle or incidentally within
a designated outdoor area, or for takeout with consumption off the
premises.
(Ord. 1795 §1 (part), 1997)
1-8
18.06.689 Right -of -Way
"Right-of-way" means a right belonging to a party to pass over
land of another.
(Ord. 1834 §2 (part), 1998)
1-8
18.06.690 Riparian
"Riparian" means the land along the margins of rivers and
streams.
{Ord. 2347 §30, 2011)
1-8
18.06.691 River Channel
"River Channel" means that area of the river lying riverward of
the mean high water mark.
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TITLE 18 — ZONING
(Ord. 2627 §4, 2020; Ord. 1758 §1(part), 1995) 1-818.06.696 Riverbank Analysis and Report
"Riverbank analysis and report" means a scientific study or
evaluation conducted by qualified experts and the resulting report
to evaluate the ground and/or surface hydrology and geology, the
geomorphology and hydraulic characteristics of the river, the
affected land form and its susceptibility to mass wasting, erosion,
scouring and other geologic hazards or fluvial processes.— The
report shall include conclusions and recommendations regarding
the effect of the proposed development on geologic and/or
hydraulic conditions, the adequacy of the site to be developed, the
impacts of the proposed development, alternative approaches to
the proposed development, and measures to mitigate potential
site -specific and cumulative geological, hydrological and hydraulic
impacts of the proposed development, including the potential
adverse impacts to adjacent and down -current properties.
Geotechnical/hydrological/hydraulic reports shall conform to
accepted technical standards and must be prepared by qualified
professional engineers or geologists who have professional
expertise about the regional and local shoreline geology and
processes.
{Ord. 2347 §31, 2011)
a-8
18.06.697 Roadway
"Roadway" means that improved portion of a street intended
for the accommodation of vehicular traffic, generally within curb
lines.
a-8
18.06.705 Screening
"Screening" means a continuous fence and/or evergreen
landscaped planting that effectively conceals the property it
encloses.
{Ord. 1758 §1 (part), 1995)
18.06.706 Secure Community Transitional Facility
"Secure community transitional facility" means a secure
community transitional facility as defined under RCW 71.09.020,
which defines it as "a residential facility for persons civilly
committed and conditionally released to a less restrictive
alternative under this chapter. A secure community transition
facility has supervision and security, and either provides or ensures
the provision of sex offender treatment services. —_Secure
community transition facilities include but are not limited to the
facilities established pursuant to RCW 71.09.250 and any
community -based facilities established under this chapter and
operated by the DSHS secretary or under contract with the
secretary."
{Ord. 1991 §2, 2002; Ord. 1758 §1 (part), 1995)
Prgcced by the City of Tukwila, City Clerk's Office Page 18-37
TITLE 18 — ZONING
1-8
18.06.707 Self -Storage Facility
"Self -Storage facility" means a building designed and used for
the purpose of renting or leasing individual indoor storage space to
customers who are to have access to the space for the purpose of
storing or removing personal property on a self-service basis.
{Ord. 2021 §1, 2003)
1-8
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.
(Ord. 2500 §2, 2016; Ord. 1795 §1 (part), 1997)
1-8
18.06.735 Vehicle Service Station
"Vehicle service station" means any area of land, including
structures thereon, that is used for the sale of gasoline or other
motor fuels, oils, lubricants, and auto accessories which may or
may not include washing, lubricating, tune-ups, enclosed engine
repair, and other minor servicing incidental to this use, but no
painting or major repair operations.
1-8
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must
be removed from their lot lines except that roof eaves may intrude
a maximum of 24 inches into this area. — _A maximum 24-inch
overhang may also be allowed for portions of a building (such as a
bay window) if approved as part of design review approval where
the overhang provides modulation of the fagade.
(Ord. 2251 §9, 2009; Ord. 1758 §1 (part), 1995)
18.06.745 Shelter Station
"Shelter station" means a shelter for protection from the
elements for the waiting customers of a public transportation
system.
{Ord. 1758 §1 (part), 1995)
1-8
18.06.750 Shopping Center, Planned
"Planned shopping center" means a group of architecturally
unified commercial establishments built on a site which is planned,
developed, owned, and managed as an operating unit related in its
location, size, and type of shops to the trade area that the unit
serves. —_The unit provides on -site parking in definite relationship
to the types and total size of the stores.
(Ord. 1758 §1 (part), 1995)
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Page 18-34373
TITLE 18 — ZONING
18.06.756 Shorelands or Shoreland Areas
"Shorelands or shoreland areas" means those lands extending
landward for 200 feet in all directions as measured on a horizontal
plane from the ordinary high water mark; floodways and
contiguous flood plain areas landward 200 feet from such
floodways; and all wetlands and river deltas associated with the
streams, lakes and tidal waters that are subject to the provisions of
the Shoreline Management Act.
(Ord. 2347 §32, 2011)
a-8
18.06.757 Shorelines or Shoreline Areas
"Shorelines" or "Shoreline areas" means all "shorelines of the
state" and "shorelands" as defined in RCW 90.58.030.
{Ord. 2627 §5, 2020; Ord. 2347 §33, 2011)
1-8
18.06.758 Shoreline Jurisdiction
"Shoreline jurisdiction" means the channel of the
Green/Duwamish River, its banks, the upland area which extends
from the ordinary high water mark landward for 200 horizontal feet
on each side of the river, floodways and all associated wetlands
within its 100-year flood plain. —_For the purpose of determining
shoreline jurisdiction only, the floodway shall not include those
lands that have historically been protected by flood control devices
and therefore have not been subject to flooding with reasonable
regularity.
(Ord. 2347 §34, 2011)
a-8
18.06.759 Shoreline Modifications
"Shoreline modifications" means those actions that modify the
physical configuration or qualities of the shoreline area, through the
construction or alteration of a physical element such as a dike,
breakwater, pier, weir, dredged basin, fill, bulkhead, or other
shoreline structure. —_"Shoreline modifications" may also include
other actions, such as clearing, grading, or application of
chemicals.
(Ord. 2347 §35, 2011 )
18.06.760 Shoreline Restoration or Ecological
Restoration
"Shoreline restoration or ecological restoration" means the re-
establishment or upgrading of impaired ecological shoreline
processes, functions or habitats, including any project that is
approved by the Federal, State, King County, or City government
or the WRIA 9 Steering Committee, is intended to provide habitat
restoration and where the future use of the site is restricted through
a deed restriction to prohibit non -habitat uses.— This may be
accomplished through measures including, but not limited to, re -
vegetation, removal of intrusive shoreline structures and removal
or treatment of toxic materials. —_Restoration does not imply a
requirement for returning the shoreline area to aboriginal or pre -
European settlement conditions.
{Ord. 2347 §36, 2011)
a-8
18.06.761 Shoreline Stabilization
"Shoreline stabilization" means actions taken to protect
riverbanks or adjacent uplands from erosion resulting from the
action of waves or river currents.— "Hard" structural stabilization
includes levees, bulkheads and revetments. —_"Soft" shoreline
stabilization includes use of bioengineering measures where
vegetation, logs, and/or certain types of rock is used to address
erosion control and/or slope stability.
{Ord. 2347 §37, 2011)
18.06.767 Short Plat
"Short plat" means the map or representation of a short
subdivision.
{Ord. 1834 §2 (part), 1998)
"Sh rt subdivisi n" means the divisi n f land int nine r less
lots, unit lots, tracts, parccls, sitcs or divisi ns.
{Ord. 2199 §9, 2008; Ord. 1834 §2 (part), 1998)
a-8
18.06.769 Short Subdivision Committee
The Short Subdivision Committee (SSC) shall consist of the
Director of the Department of Community Development who shall
be the chair, the Public Works Director, and the Fire Chief, or their
designated representatives.
{Ord. 1834 §2 (part), 1998)
1-8
18.06.770 Sign
"Sign" means any medium, including paint on walls,
merchandise, or visual communication device, its structure and
component parts, which is used or intended to be used to attract
attention to the subject matter for advertising or identification
purposes. —_Bulletin boards and readerboards are considered to be
signs.
{Ord. 1758 §1 (part), 1995)
Prerfwed by the City of Tukwila, City Clerk's Office
Page 18-39
TITLE 18 — ZONING
1-8
18.06.775 Significant Tree
"Significant Tree" means a single-trunked tree that is six
inches or more in diameter (DBH), or a multi-trunked tree with a
diameter of two inches or more on any trunk (such as willows or
vine maple).
, ;
1-8
18.06.777 Significant Vegetation Removal
"Significant vegetation removal" means the removal or
alteration of trees, shrubs, and/or ground cover by clearing,
grading, cutting, burning, chemical means, or other activity that
causes significant ecological impacts to functions provided by such
vegetation. —_The removal of invasive or noxious weeds does not
constitute significant vegetation removal. —_Tree pruning, not
including tree topping, where it does not affect ecological functions,
does not constitute significant vegetation removal.
{Ord. 2347 §40, 2011)
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in
TMC 18.06.500, which are proposed as the location for a
development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC Titles
16, 17 or 18.
1-8
18.06.781 Site Disturbance
"Site disturbance" means any development, construction, or
related operation that could alter the subject property, including,
but not limited to, soil compaction including foot traffic; tree or
stump removal; road, driveway or building construction; installation
of utilities; or grading.
fOrd. -2569-§24,2048)
48
18.06.790 Story
"Story" means story as defined in the Washington State
Building Code.
/Ord 1971 §3 2001• Ord 1758 §1 (part/ 1995)
a-8
Produced by the City of Tukwila, City Clerk's Office Page 18-4475
TITLE 18 — ZONING
18.06.795 Street
"Street" means a public thoroughfare which affords the
principal means of access to abutting properties. —_Limited access
State routes such as 1-5, 1-405, or SR 518; subdivision tracts
dedicated for access; private easements for access; and streets
that provide no access to abutting properties shall be considered
streets for the purposes of determining the type of Tots such as
corner or through Tots and their setbacks and landscape
requirements.
(Ord. 2251 §10, 2009; Ord. 1758 §1 (part), 1995)
1-8
18.06.800 Structure
"Structure" means a combination of materials constructed and
erected permanently on the ground or attached to something
having a permanent location on the ground, but excluding all forms
of vehicles even though immobilized. Not included are residential
fences up to six feet in height, retaining walls or rockeries with up
to four feet of exposed face, and similar improvements of minor
character.
(Ord. 2176 §1, 2007; Ord. 1758 §1(part), 1995)
(001) Nonconforming Structure, Shoreline
"Nonconforming Structure, Shoreline" means a structure
legally established prior to the effective date of the Shoreline
Master Program, but which does not conform to present
regulations or standards of the program.
(Ord. 2627 §3, 2020)
1-8
18.06.805 Structural Alteration
"Structural alteration" means any change in load or stress of
the loaded or stressed members of a building or structure.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.810 Studios
"Studios" means a building or portion of a building used as a
place of work by an artist, photographer, or artisan, or used for
dance instruction.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.813 Subdivision
"Subdivision" means the division or redivision of land into ten
or more lots, unit lots, tracts, parcels, sites or divisions.
(Ord. 2199 §10, 2008; Ord. 1834 §2 (part),
1998)18.06.768 001 Short Short
SubdivisionSubdivision
"Short subdivision" means the division of land into nine or
less lots, unit lots, tracts, parcels, sites or divisions.
(002) Long Subdivision
"Lonq subdivision" means the division or redivision of land
into ten or more lots, unit lots, tracts, parcels, sites or divisions.
18.06.815 Substantial Construction
"Substantial construction" means completion of more than
50% of the cost of work described in specified and approved plans.
(Ord. 1758 §1 (part), 1995)
Prgcikeyed by the City of Tukwila, City Clerk's Office
Page 18-41
TITLE 18 — ZONING
18.06.817 Substantial Development
"Substantial development" means any development of which
the total cost or fair market value exceeds $7,047.00 or any
development that materially interferes with the normal public use
of the water or shorelines of the state. —_The dollar threshold
established in this definition must be adjusted for inflation by the
Office of Financial Management every five years, beginning July 1,
2007, based upon changes in the Consumer Price Index during
that time period. -_"Consumer Price Index" means, for any calendar
year, that year's annual average Consumer Price Index, Seattle,
Washington area, for urban wage earners and clerical workers, all
items, compiled by the Bureau of Labor and Statistics, United
States Department of Labor. —_In accordance with WAC 173-27-
040, as it now reads and as hereafter amended, the following shall
not be considered developments which require a shoreline
substantial development permit, although shall still comply with the
substantive requirements of the Shoreline Master Program:
1. Normal maintenance or repair of existing structures
or developments, including repair of damage caused by accident,
fire, or elements.
2. Emergency construction necessary to protect
property from damage by the elements.
3. Construction and practices normal or necessary for
farming, irrigation, and ranching activities, including agricultural
service roads and utilities on shorelands, and the construction and
maintenance of irrigation structures including but not limited to
head gates, pumping facilities, and irrigation channels. A feedlot of
any size, all processing plants, other activities of a commercial
nature, and alteration of the contour of the shorelands by leveling
or filling other than that which results from normal cultivation, shall
not be considered normal or necessary farming or ranching
activities. A feedlot shall be an enclosure or facility used or capable
of being used for feeding livestock hay, grain, silage, or other
livestock feed, but shall not include land for growing crops or
vegetation for livestock feeding and/or grazing, nor shall it include
normal livestock wintering operations.
4. Construction or modification of navigational aids
such as channel markers and anchor buoys.
5. Construction on shorelands by an owner, lessee, or
contract purchaser of a single family residence for his own use or
for the use of his or her family, which residence does not exceed a
height of 35 feet above average grade level and which meets all
requirements of the state agency or local government having
jurisdiction thereof, other than requirements imposed pursuant to
this chapter.
6. Construction of a dock, including a community dock,
designed for pleasure craft only, for the private non-commercial
use of the owner, lessee, or contract purchaser of single and
multiple family residences. This exception applies if either:
(a) In salt waters, the fair market value of the dock
does not exceed $2,500; or
(b) in fresh waters, the fair market value of the dock
does not exceed:
(1) $20,000 for docks that are constructed to
replace existing docks, and are of equal or lesser square footage
than the existing dock being replaced; or
(2) $10,000 for all other docks constructed on
fresh waters.
(3) However, if subsequent construction
occurs within five years of completion of the prior construction, and
the combined fair market value of the subsequent and prior
construction exceeds the amount specified above, the subsequent
construction shall be considered a substantial development for the
purpose of this chapter.
7. Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that now exist or
are hereafter created or developed as a part of an irrigation system
for the primary purpose of making use of system waters, including
return flow and artificially stored groundwater for the irrigation of
lands.
8. The marking of property lines or corners on state
owned lands, when such marking does not significantly interfere
with normal public use of the surface of the water.
9. Operation and maintenance of any system of dikes,
ditches, drains, or other facilities existing on September 8, 1975,
which were created, developed, or utilized primarily as a part of an
agricultural drainage or diking system.
10. Site exploration and investigation activities that are
prerequisite to preparation of an application for development
authorization under this chapter, if:
a. The activity does not interfere with the normal
public use of the surface waters;
b. The activity will have no significant adverse
impact on the environment including, but not limited to, fish, wildlife,
fish or wildlife habitat, water quality, and aesthetic values;
c. The activity does not involve the installation of a
structure, and upon completion of the activity the vegetation and
land configuration of the site are restored to conditions existing
before the activity;
d. A private entity seeking development
authorization under this section first posts a performance bond or
provides other evidence of financial responsibility to the local
jurisdiction to ensure the site is restored to preexisting conditions;
and
e. The activity is not subject to the permit
requirements of RCW 90.58.550 (Oil and Natural Gas exploration
in marine waters).
11. The process of removing or controlling an aquatic
noxious weed, as defined in RCW 17.26.020, through the use of
an herbicide or other treatment methods applicable to weed control
that are recommended by a final environmental impact statement
published by the Department of Agriculture or the department
jointly with other state agencies under chapter RCW 43.21 C_RSW.
Produced by the City of Tukwila, City Clerk's Office
Page 18-4f77
TITLE 18 — ZONING
12. Watershed restoration projects, which means a
public or private project authorized by the sponsor of a watershed
restoration plan that implements the plan or a part of the plan and
consists of one or more of the following activities:
a. A project that involves less than 10 miles of
stream reach, in which less than 25 cubic yards of sand, gravel, or
soil is removed, imported, disturbed or discharged, and in which no
existing vegetation is removed except as minimally necessary to
facilitate additional plantings.
b. A project for the restoration of an eroded or
unstable stream bank that employs the principles of
bioengineering, including limited use of rock as a stabilization only
at the toe of the bank, and with primary emphasis on using native
vegetation to control the erosive forces of flowing water.
c. A project primarily designed to improve fish and
wildlife habitat, remove or reduce impediments to migration of fish,
or enhance the fishery resource available for use by all of the
citizens of the state, provided that any structure, other than a bridge
or culvert or instream habitat enhancement structure associated
with the project, is less than 200 square feet in floor area and is
located above the ordinary high water mark of the stream.
13. Watershed restoration plan, which means a plan,
developed or sponsored by the Department of Fish and Wildlife,
the Department of Ecology, the Department of Natural Resources,
the Department of Transportation, a federally recognized Indian
tribe acting within and pursuant to its authority, a city, a county or
a conservation district that provides a general program and
implementation measures or actions for the preservation,
restoration, re-creation, or enhancement of the natural resources,
character, and ecology of a stream, stream segment, drainage
area or watershed for which agency and public review has been
conducted pursuant to the State Environmental Policy Act.
14. A public or private project that is designed to improve
fish or wildlife habitat or fish passage, when all of the following
apply:
a. The project has been approved in writing by the
Department of Fish and Wildlife;
b. The project has received hydraulic project
approval by the Department of Fish and Wildlife pursuant to
Chapter RCW 77.554RCW; and
c. The local government has determined the project
is substantially consistent with the local Shoreline Master Program.
The local government shall make such determination in a timely
manner and provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat
projects are found in WAC 173-27-040 2 (p) and apply to this
exemption.
15. The external or internal retrofitting of an existing
structure for the exclusive purpose of compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.) or to otherwise provide physical access to the structure by
individuals with disabilities.
{Ord. 2627 §6, 2020; Ord. 2347 §41, 2011)
a-8
18.06.820 Surveyor
"Surveyor" means a person licensed by the State of
Washington to engage in the practice of land surveying, as defined
by RCW 18.43.020.
{Ord. 1758 §1(part), 1995)
1-8
18.06.821 Theater
"Theater" is a building or part of a building devoted to showing
motion pictures or for dramatic, dance, musical or other live
performances.
{Ord. 1795 §1(part), 1997)
1-818.06.822 Tow Truck Operations
"Tow Truck Operations" means any storage yard, building, or
vehicle storage/impounding lot for a towing business, including tow
vehicles with towed vehicles attached. —_Tow truck operations do
not include central offices for phone dispatch if tow trucks, drivers,
or impounded vehicles do not come to the office.
{Ord. 2368 §2, 2012)
a-8
18.06.829 Townhouse
"Townhouse" means a form of ground -related housing in
which individual dwelling units are attached along at least one
common wall to at least one other dwelling unit. Each dwelling unit
occupies space from the ground to the roof and has direct access
to private open space. No portion of a unit may occupy space
above or below another unit, except that townhouse units may be
constructed over a common shared parking garage, provided the
garage is underground.
{Ord. 2199 §8, 2008)
1-8
18.06.830 Tract
"Tract" means a parcel of land proposed for subdivision or a
distinct parcel designated for a specific use.
a-8
18.06.833 Trailer Court or Park
"Trailer court or park" means any area of land occupied or
designed for the occupancy of two or more travel trailers or mobile
homes.
{Ord. 1758 §1 (part), 1995)
a-8
18.06.835 Trailer, Travel
"Travel trailer" means a vehicular portable structure built on a
chassis, designed to be used as a temporary dwelling for travel and
recreational purposes.
{Ord. 1758 §1 (part), 1995)
Prepled by the City of Tukwila, City Clerk's Office
Page 18-43
TITLE 18 — ZONING
18.06.840 Transit Center
"Transit center" means a location
other public transportation vehicles can
same time, allowing patrons to transfer
where groups of buses or
be brought together at the
between the routes.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.843 Transit -Oriented Development (TOD) Hous-
ing
"Transit -Oriented Development (TOD) Housing" means a
multiple -unit housing or mixed -use project including multiple -unit
housing that is located near transit services and thus encourages
people to decrease their dependence on driving.
1-8
18.06.845 Tree
"Tree" means any self-supporting woody plant characterized
by one main trunk or, for certain species, multiple trunks, typically
reaching 12-15 feet in height at maturity, that is recognized as a
Tree in the nursery and arboricultural industries.
;
Ord. 1758 §1 (part), 1995)
(001) At -Risk Tree
"At -Risk Tree" means a tree that is exposed to potential
damage but can be retained during construction by use of
appropriate tree protection measures as prescribed by a
Qualified Tree Professional or by TMC Chapter 18.54.
(Ord. 2569 §1, 2018)
(002) Crown
"Crown" means the area of a tree containing leaf- or
needle -bearing branches.
(Ord. 2569 §6, 2018)
(003) Dead Tree
"Dead Tree" means a tree with no live crown and no
functioning vascular tissue.
(Ord. 2569 §7, 2018)
(004) Dripline
"Dripline" means the distance from the tree trunk that is
equal to the furthest extent of the tree's crown or six-foot radius
from the trunk of the tree, whichever is greater.
(569-§V20-1-8)
(005) Exceptional Tree
"Exceptional Tree" means a tree that is at least 18 inches
in diameter (DBH).-_For trees with two stems, if the stems have
a combined total diameter of at least 18 inches, the tree shall
be considered an Exceptional Tree. —_For trees with three or
more stems, if the three largest stems have a combined total
diameter of at least 18 inches, the tree shall be considered an
Exceptional Tree.
(Ord. 2569-§4-0F20-1-8)
(006) Heritage Tree or Heritage Grove
"Heritage Tree" means a tree, or group of trees comprising
a grove, specifically designated by the City because of
historical significance, special character, and/or community
benefit.
(Ord. 2569 §11, 2018)
Produced by the City of Tukwila, City Clerk's Office
Page 18-4179
TITLE 18 — ZONING
(007) Invasive Tree
"Invasive Tree" means a non-native tree species, which is
likely to spread and disrupt the balance of an eco-system.
(Ord. 2569 §10, 2018)
(008) Nuisance Tree
"Nuisance Tree" means a tree that is causing obvious
physical damage to structures including, but not limited to,
sidewalks; curbs; the surfaces of streets, parking lots, and
driveways; underground utilities; or building foundations.
Nuisance Tree does not include trees that currently meet the
definition of Hazardous or Defective Tree.
(Ard. 2569-§-17-F20-1-8)
(009) Qualified Tree Professional
"Qualified Tree Professional" means an individual who is a
certified professional with academic and/or field experience
that makes them a recognized expert in urban forestry and tree
protection. —_A Qualified Tree Professional shall be a member
of the International Society of Arboriculture (ISA) and/or the
Association of Consulting Arborists, and shall have specific
experience with urban tree management in the state of
Washington. —_A Qualified Tree Professional preparing tree
valuations shall have the necessary training and experience to
use and apply the appraisal methodology prescribed in the
most recent edition of the ISA Plant Appraisal Guide.
(Ord. 2569 §21, 2018)
(010) Risk
"Risk" means, in the context of urban forestry and trees,
the likelihood of tree failure causing damage to a Target such
as property or persons.
(Ord-2569 JC� sz2,_2o18)
(011) Street Tree
"Street Tree" means a tree located within the public right-
of-way, or easement for street use granted to the City, provided
that, if the trunk of the tree straddles the boundary line of the
public right-of-way and the abutting property, it shall be
considered to be on the abutting property.
(Ord. 2569-§25F20-110
(012) Target or Risk Target
"Target or Risk Target" means, as used in the context of
urban forestry or trees, people, property, or activities that could
be injured, damaged, or disrupted by a tree.
(Ord. 2569 §26, 2018)
(013) Tree Risk Assessment
"Tree risk assessment" means the systematic process to
identify, analyze and evaluate tree risk prepared by a Qualified
Tree Professional in accordance with the latest version of the
International Society of Arboriculture (ISA) Best Management
Practices Guide.
(Ord. 2569 §28, 2018)
Prqed by the City of Tukwila, City Clerk's Office
Page 18-45
TITLE 18 — ZONING
(014) Tree Risk Assessor
"Tree Risk Assessor" means a Qualified Tree Professional
with a Tree Risk Assessment Qualification, who identifies
subject tree(s) and site conditions, evaluates and classifies the
likelihood of failure, estimates the consequences of tree(s)
hitting a Target, and determines options for treatment or
mitigation.
(Ord. 2569 §29, 2018)
(015) Viable Tree
"Viable Tree" means a Significant Tree that a Qualified
Tree Professional has determined to be in good health with a
low risk of failure; is relatively Windfirm if isolated or exposed;
and is a species that is suitable for its location and is therefore
worthy of long-term retention.
(016) Windfirm
"Windfirm" means a tree that is healthy and well -rooted
and that a Qualified Tree Professional has evaluated and
determined can withstand normal winter storms or surrounding
tree removal.
(Ord. 2569 §34, 2018)
18.06.850 Tree Permit
"Tree Permit" means a permit issued by the Director
authorizing tree removal activities, or work that may impact the
Critical Root Zone, purcuant to the general permit provisions of this
title.
(Ord. 2569 §31, 2018; Ord. 1758 §1 (part), 1995)
18.06.852 Tree Removal
"Tree Removal" means the direct or indirect removal of a tree
through actions including, but not limited to: —_clearing, cutting,
girdling, topping, or causing irreversible damage to roots or stems;
destroying the structural integrity of trees through improper
pruning, poisoning or filling; excavating, grading, or trenching
within the dripline that results in the loss of more than 20 percent
of the tree's root system; or the removal through any of these
processes of greater than 50 percent of the live crown of the tree.
ford.-256-9-§322-048)
1-8
18.06.854 Truck Terminal
"Truck terminal" means land and buildings used as a relay
station for the transfer of a load from one vehicle to another or one
party to another. —_The terminal cannot be used for permanent or
long-term storage.
(Ord. 2678 §8, 2022)
48
18.06.855 Turbidity
"Turbidity" means a cloudy condition in water due to the
suspension of silt, finely divided organic matter, or other pollutants.
4818.06.860 Understory Vegetation
"Understory vegetation" means small trees, shrubs, and
groundcover plants, growing beneath and shaded by the canopy of
a significant tree, which affect and are affected by the soil and
hydrology of the area surrounding the significant tree roots.
(Ord. 1758 §1 (part), 1995)
48
18.06.863 Usable Floor Area
"Usable Floor area" means that part of the floor area of any
structure which is actually used from time to time for any
commercial purposes, such as a sales area, display area,
walkways or storage area. —_Parking calculation shall not include
common corridors designed for the circulation of people at non -
retail establishments, restrooms, elevator shafts and stairwells at
each floor, mechanical equipment rooms or attic spaces and
exterior covered loading docks.
(Ord. 1795 §1(part), 1997)
48
18.06.864 Useable Marijuana
"Useable marijuana" means dried marijuana flowers. —_The
term "useable marijuana" does not include marijuana -infused
products.
{Ord. 2407 §7, 2013)
48
18.06.865 Use
"Use" means the nature of the activities taking place on private
property or within structures thereon.
(Ord. 2097 §6, 2005; Ord. 1758 §1 (part), 1995)
48
18.06.870 Use, Accessory
"Accessory use" means a use incidental and subordinate to
the principal use and located on the same lot or in the same
building as the principal use.
(Ord. 1758 §1 (part), 1995)
48
18.06.875 Use, Conditional
"Conditional use" means an unusual and/or unique type of
land use which, due to its nature, requires special consideration of
its impacts on the neighborhood and land uses in the vicinity.
(Ord. 1758 §1(part), 1995)
18.06.880 Use, Permitted
"Permitted use" means any use authorized or permitted alone
or in conjunction with any other use in a specified district and
subject to the limitation of the regulations of such use district.
{Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-4481
TITLE 18 — ZONING
1-8
18.06.885 Use, Primary or Principal
"Primary or principal permitted use" means the use for which
a lot, structure or building, or the major portion thereof, is designed
or actually employed.
(Ord. 1758 §1 (part), 1995)
18
18.06.890 Use, Unclassified
"Unclassified use" means an unusual, large-scale, unique
and/or special type of land use which, due to its nature, requires
special review of its impacts on the community and land uses in
the vicinity.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.895 Unlisted Use
"Unlisted use" means uses which are not specifically named
as permitted in any use classification contained within this title.
(Ord. 1758 §1(part), 1995)
1818.06.900 Utilities
"Utilities" means all lines and facilities related to the provision,
distribution, collection, transmission or disposal of water, storm and
sanitary sewage, oil, gas, power, information, telecommunication
and telephone cable, or refuse, and includes facilities for the
generation of electricity.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.905 Variance
"Variance" means an adjustment in the specific regulation of
this title regarding a particular piece of property as provided in the
Variance chapter of this title.. (See TMC 18.72, Variances)
{Ord. 1758 §1 (part), 1995)
18
18.06.910 Vegetation
"Vegetation" means living trees, shrubs or groundcover plants.
(Ord. 1758 §1(part), 1995)
18
18.06.915 Vehicles
"Vehicles" means mechanical devices capable of movement
by means of wheels, skids or runners of any kind, specifically
including, but not limited to, all forms of trailers, recreational
vehicles or mobile homes of any size whether capable of supplying
their own motive power or not, without regard to whether the
primary purpose of which device is or is not the conveyance of
persons or objects, and specifically including all such automobiles,
buses, trucks, cars, vans, recreational vehicles, trailers and mobile
homes even though they may be at any time immobilized in any
way and for any period of time of whatever duration.
(Ord. 1758 §1 (part), 1995)
1-8
18.06.916 Warehouse
"Warehouse" is a building or group of buildings that are
primarily for the storage of goods.
{Ord. 1795 §1 (part), 1997)
1818.06.917 Water Dependent
"Water dependent" means a use or portion of a use that cannot
exist in a location that is not adjacent to the water and that is
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-47
TITLE 18 — ZONING
dependent on the water by reason of the intrinsic nature of its
operations. -_Examples of water -dependent uses include ship cargo
terminal loading areas, marinas, ship building and dry docking,
float plane facilities, sewer outfalls, and shoreline ecological
restoration projects.
fOre 234 42 2n4 )
I-8
18.06.918 Water Enjoyment
"Water enjoyment" means a recreational use or other use that
facilitates public access to the shoreline as a primary characteristic
of the use. —_The use must be open to the general public and the
shoreline -oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline enjoyment.
Examples of water -enjoyment uses include parks, piers, museums,
restaurants, educational/scientific reserves, resorts and mixed use
projects.
(Ord. 2347 §93, 2011)
I-8
18.06.919 Water Oriented
"Water oriented" means a use that is water -dependent, water -
related or water -enjoyment or a combination of such uses.
(Ord. 2347 §44, 2011)
a-8
18.06.920 Watercourse
"Watercourse" means a course or route formed by nature or
modified by man, generally consisting of a channel with a bed and
banks or sides substantially throughout its length along which
surface water flows naturally, including the Green/Duwamish
River. —_The channel or bed need not contain water year-round.
Watercourses do not include irrigation ditches, stormwater runoff
channels or devices, or other entirely artificial watercourses unless
they are used by salmonids or to convey or pass through stream
flows naturally occurring prior to construction of such devices.
(Ord. 2075 §1 (part), 2004; Ord. 1758 §1 (part), 1995)
a-8
18.06.921 Water Related
"Water related" means a use or portion of a use that is not
intrinsically dependent on a waterfront location but whose
economic viability is dependent upon a waterfront location
because:
a. The use has a functional requirement for a waterfront
location such as the arrival or shipment of materials by water or the
need for large quantities of water; or
b. The use provides a necessary service supportive of
the water -dependent uses and the proximity of the use to its
customers makes its services less expensive and/or more
convenient.
Examples of water -related uses are warehousing of goods
transported by water, seafood processing plants, hydroelectric
generating plants, gravel storage when transported by barge, and
log storage or oil refineries where transport is by tanker.
(Ord. 2347-§45, 2011)
Produced by the City of Tukwila, City Clerk's Office
Page 18-44183
TITLE 18 — ZONING
1-8
18.06.922 Wetland
"Wetland" means those areas that are inundated or saturated
by groundwater or surface water at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.— Wetlands generally include bogs,
swamps, marshes, ponds, lakes and similar areas. —_Wetlands do
not include those artificial wetlands intentionally created from non -
wetland sites, including but not limited to irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, landscape amenities or those
wetlands created after July 1, 1990 that were unintentionally
created as a result of the construction of a road, street or highway.
However, those artificial wetlands intentionally created from non -
wetland areas to mitigate conversion of wetlands as permitted by
the City shall be considered wetlands.
1-8
18.06.924 Wetland Edge
"Wetland edge" means the delineated boundary of a wetland
performed in accordance with approved federal wetland
delineation manual and current applicable regional supplements.
1-818.06.934 Wetland, Scrub -Shrub
"Scrub -shrub wetland" means a wetland with at least 30% of
its surface area covered by woody vegetation less than 20 feet in
height as the uppermost strata.
1-8
18.06.944 WRIA
"WRIA" means Water Resource Inventory Area — river basin
planning and management areas formalized under Washington
Administrative Code (WAC) 173-500-04 and authorized under the
Water Resources Act of 1971, Revised Code of Washington
(RCW) 90.54. =WRIA 9 refers to the Green/Duwamish River Basin
within which Tukwila is located.
{Ord. 2347 §46, 2011)
a-8
18.06.945 Yard
"Yard" means a required open space unoccupied and
unobstructed by any structure or portion of a structure from 30
inches above the general ground level of the graded lot upward.
(Ord. 1758 §1(part), 1995)
a-8
18.06.950 Yard, Front
"Front yard" means a yard extending between side lot lines
across the front of a lot. —_In MDR and HDR zones, this shall also
include areas adjacent to `access roads'.
1-8
18.06.955 Yard, Rear
"Rear yard" means a yard extending across the rear of the lot
between inner side yard lines.
(Ord. 1758 §1 (part), 1995)
a-8
18.06.960 Yard, Second Front
"Second front yard" means any yard adjacent to a public street
that is not a front yard as defined in the Definitions chapter of this
title. —_(See also the TMC 18.50, Supplemental Development
Regulations, chapter of this title and Figure 18-4.)
{Ord. 1758 §1 (part), 1995)
a-8
18.06.965 Yard, Side
"Side yard" means a yard extending from the rear line of the
required front yard to the rear lot line, or in the absence of any
clearly defined rear lot line to the point on the lot farthest from the
intersection of the lot -line involved with the public street.
(Ord. 1758 §1 (part), 1995)
Pre4ced by the City of Tukwila, City Clerk's Office
Page 18-49
TITLE 18 — ZONING
CHAPTER 18.08
DISTRICTS ESTABLISHED - MAP
Sections:
18.08.010 Use Districts
18.08.020 Unclassified Areas
18.08.030 Official Zoning Map
18.08.040 Rules of Interpretation
18.08.050 Title Compliance
18.08.010 Use Districts
In order to classify, segregate and regulate the uses of land,
buildings, and structures, the City is divided into the following use
districts:
LDR Low Density Residential
MDR Medium Density Residential
HDR High Density Residential
MUO Mixed Use Office
0 Office
RCC Residential Commercial Center
NCC Neighborhood Commercial Center
RC Regional Commercial
RCM Regional Commercial Mixed -use
TUC Tukwila Urban Center
C/LI Commercial/Light Industrial
LI Light Industrial
HI Heavy Industrial
MIC/L Manufacturing Industrial Center/Light
MIC/H Manufacturing Industrial Center/Heavy
TSO Tukwila South Overlay
TVS Tukwila Valley South
PRO Public Recreation Overlay
SOD Shoreline Overlay
SAOD Sensitive Areas Overlay
UROD Urban Renewal Overlay
(Ord. 2257 §3, 2009; Ord. 2235 §5 (part), 2009;
Ord. 1758 §1 (part), 1995)
I-8
18.08.020 Unclassified Areas
A. All lands not classified according to the classification in
TMC 18.08.010 on the official zoning map, and all lands, if any, of
the City not shown on the official zoning map, shall be considered
unclassified and, pending future classification, shall be subject to
the restrictions and regulation of the LDR District.
(Ord. 1758 §1 (part), 1995)
18.08.030 Official Zoning Map
A. The boundaries of the use districts as outlined in TMC
18.08.010 are shown on the official zoning map (Figure 18-10)
which, together with all explanatory matters thereon, is hereby
adopted by reference and declared to be a part of this title. —_The
regulations of this title governing the uses of land, buildings and
structures, the height of buildings and structures, the sizes of yards
about buildings and structures, and other matters set forth in this
title are hereby established and declared to be in effect upon all
land included within the boundaries of each and every district
shown upon said zoning map.
B. The boundaries of the use districts shall be determined
and defined or redefined from time to time, by the adoption of
district maps covering the City showing the geographical area and
location of the districts.— Each district map shall be, upon its final
adoption, a part of this title, and the map and all notations,
references and other information shown thereon, thereafter shall
be made a part of this title as though all matters and information
set forth on the map were fully described herein.
C. The official zoning map shall be identified by the signature
of the Mayor, attested by the City Clerk and shall bear the seal of
the City of Tukwila. -_The original of the official zoning map shall be
retained in the office of the City Clerk.
See Zoning Map, Figure 18-10.
(Ord. 1758 §1 (part), 1995)
1-8
18.08.040 Rules of Interpretation
A. When uncertainty exists as to the boundaries of any use
district shown on the official zoning map, the following rules of
interpretation shall apply:
1. Where district boundaries are indicated as
approximately following the centerline of streets, alleys, highways,
structure or railroad tracts, the actual centerline shall be construed
to be the boundary;
2. Where district boundaries are indicated as running
approximately parallel to the centerline of a street, the boundary
line shall be construed to be parallel to the centerline of the street;
3. Where district boundaries are indicated on such map
as approximately following the lot or tract lines, the actual lot or
tract lines shall be construed to be the boundary of such use
district;
4. Where a district boundary on the official zoning map
divides a tract in unsubdivided property, the location of the use
district boundary, unless the same is indicated by dimensions
thereon, shall be determined by use of the scale appearing on the
official zoning map;
5. Unmapped shorelands shall be considered to be
within the same land use district as the adjacent upland as shown
on the official zoning map;
6. Where a public street or alley is officially vacated or
abandoned, the regulations applicable to the abutting property to
which the vacated portion reverts shall apply to such vacated or
abandoned street or alley;
Produced by the City of Tukwila, City Clerk's Office
Page 18-5985
TITLE 18 — ZONING
7. Where a district boundary line divides a lot which was
in single ownership at the time of passage of this title, the Hearing
Examiner may permit, as a special exception, the extension of the
regulations for either portion of the lot not to exceed 50 feet beyond
the district line into the remaining portion of the lot;
8. In case uncertainty exists which cannot be
determined by application of the foregoing rules, the Hearing
Examiner shall determine the location of such use district
boundaries. —_Applications for such special exceptions shall be a
Type 3 decision processed pursuant to TMC 18.108.030.
I-8
18.08.050 Title Compliance
A. Except as provided in this title:
1. No building or structure shall be erected and no
existing building or structure shall be moved, altered, added to or
enlarged, nor shall any land, building, structure or premises be
used, designed or intended to be used for any purpose or in any
manner other than a use listed in this title as permitted in the use
district in which such land, building, structure or premises is
located.
2. No building or structure shall be erected, nor shall
any existing building or structure be moved, reconstructed or
structurally altered, to exceed in height the limit established by this
title for the use district in which such building or structure is located.
3. No building or structure shall be erected, nor shall
any building or structure be moved, altered, enlarged or rebuilt, nor
shall any open spaces surrounding any building or structure be
encroached upon or reduced in any manner, except in conformity
with the building site requirements and the area and yard
regulations established by this title for the use district in which such
building or structure is located.
4. No yard or other open spaces, provided about any
building or structure for the purpose of complying with the
regulations of this title, shall be considered as providing a yard or
open space for any other building or structure.
{Ord. 1758 §1 (part), 1995)
Preyed by the City of Tukwila, City Clerk's Office Page 18-51
TITLE 18 — ZONING
CHAPTER 18.09
LAND USES ALLOWED BY DISTRICT
Sections:
18.09.010 Land Uses by Districts
18.09.010 Land Uses by Districts
Refer to Table 18-6, "Land Uses Allowed by District."
Refer to Table 18-2, "Tukwila Urban Center —
Land Uses Allowed by District" for uses
in the Tukwila Urban Center District
Refer to Figure 1, "Shoreline Use Matrix,"for uses in the
Shoreline Buffer and Zone.
{Ord. 2500 §3, 2016)
Produced by the City of Tukwila, City Clerk's Office Page 18-5587
TITLE 18 — ZONING
CHAPTER 18.10
LOW DENSITY RESIDENTIAL
(LDR) DISTRICT
Sections:
18.10.010 Purpose
18.10.020 Land Uses Allowed
18.10.055 Design Review
18.10.057 Maximum Building Footprint
18.10.060 Basic Development Standards
18.10.010 Purpose
A. This district implements the Low -Density Residential
Comprehensive Plan designation, which allows a maximum of 6.7
dwelling units per net acre. —_It is intended to provide low -density
family residential areas together with a full range of urban
infrastructure services in order to maintain stable residential
neighborhoods, and to prevent intrusions by incompatible land
uses.— Certain LDR properties are identified as Commercial
Redevelopment Areas (see Figures 18-9 or 18-10) to encourage
aggregation with commercial properties that front on Tukwila
International Boulevard. _Aggregation and commercial
redevelopment of these sites would implement the Pacific Highway
Revitalization Plan and provide opportunities to redefine and
create more uniform borders between the commercial corridor and
the adjacent residential neighborhoods.
B. Certain LDR properties are located in the Urban Renewal
Overlay (see Figure 18-15).—_Existing zoning and development
standards will remain in place, although multi -family buildings
would be permitted. —_The overlay provides additional alternate
development standards that may be applied to development within
the Urban Renewal Overlay upon request of the property owner,
and if the development meets certain qualifying criteria. —_Urban
Renewal Overlay district standards would implement the Tukwila
International Boulevard Revitalization Plan through more intensive
development.
(Ord. 2257 §4, 2009; Ord. 1865 §4, 1999;
Ord. 1758 §1 (part), 1995)
1-8
18.10.020 Land Uses Allowed
A. Refer to TMC Chapter 18.09, "Land Uses Allowed by
District."
(Ord. 2500 §4, 2016)
18.10.055 Design Review
A. Design review is required for:
1. -aClf-conditional uses_;
2. iUnclassified uses.
3. nNon-residential development within the shoreline
jurisdiction that involve construction of a new building or exterior
changes if the cost of the exterior work equals or exceeds 10% of
the building's assessed valuation. Design review is required for
4. dDevelopments in a Commercial Redevelopment
Area that propose the uses and standards of an adjacent
commercial zone, as well as
5. dDevelopment in the Urban Overlay District.
(See TMC Chapter 18.60, —Design ReviewBeardof
Architectural Review.)
(Ord. 2368 §5, 2012; Ord. 2257 §5, 2009;
Ord. 2251 §13, 2009; Ord. 1865 §7, 1999)
1-8
18.10.057 Maximum Building Footprint
A. The maximum total footprint of all residential structures
located on a lot in the Low -Density Residential District shall be
limited to 35% of the lot area, provided:
1. The maximum footprint is reduced by 0.125% for
each 100 square feet of lot area in excess of 6,500 square feet and
less than 19,000 square feet;
2. The maximum footprint shall be 4,000 square feet for
lots between 19,000 square feet and 32,670 square feet;
3. The maximum footprint shall be 5,000 square feet for
lots between 32,760 square feet and 43,560 square feet;
4. The maximum footprint shall be 6,000 square feet for
lots over 43,560 square feet; and
5. For lots less than 6,500 square feet in size, the
maximum total footprint shall be the area defined by the application
of the standard setback requirements set forth in the applicable
Basic Development Standards, up to a maximum of 2,275 square
feet.
(Ord. 1971 §6, 2001)
Prqed by the City of Tukwila, City Clerk's Office
Page 18-53
TITLE 18 — ZONING
18.10.060 Basic Development Standards
A. Development within the Low -Density Residential District
shall conform to the following listed and referenced standards:
LDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
6,500 sq. ft.
Average lot width (min. 20 ft. street
frontage width), minimum
50 feet
Development Area, maximum (only
for single family development)
75% on lots less than
13,000 sq. ft. up to a maximum of
5,850 sq. ft.
45% on lots greater than or
equal to 13,000 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Front, decks or porches
15 feet
• Second front
10 feet
• Sides
5 feet
• Rear
10 feet
Refer to TMC Chapter 18.52, "Landscape
Requirements," Table A, for
requirements.
perimeter and parking lot landscaping
Height, maximum
30 feet
Off-street parking:
• Residential
See TMC Chapter 18.56,
Off-street Parking & Loading
Regulations
• Accessory dwelling unit
See TMC Section 18.50.220
• Other uses
See TMC Chapter 18.56,
Off-street Parking & Loading
Regulations
(Ord. 2678 §23, 2022; Ord. 2581 §2, 2018; Ord. 2518 §7, 2016;
Ord. 1971 §4, 2001; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office Page 18-5489
TITLE 18 — ZONING
CHAPTER 18.12
MEDIUM DENSITY RESIDENTIAL
(MDR) DISTRICT
Sections:
18.12.010 Purpose
18.12.020 Land Uses Allowed
18.12.030 Recreation Space Requirements
18.12.060 Design Review
18.12.070 Basic Development Standards
18.12.010 Purpose
A. This district implements the Medium Density Residential
Comprehensive Plan designation, which allows up to 14.5 dwelling
units per net acre. —_It is intended to provide areas for family and
group residential uses, and serves as an alternative to lower
density family residential housing and more intensively developed
group residential housing and related uses. _Through the following
standards this district provides medium -density housing designed
to provide:
1. Individual entries and transition from public and
communal areas to private areas;
2. Building projections, level changes and so forth to
effectively define areas for a variety of outdoor functions as well as
privacy; and
3. Landscaping and open space to serve as extension
of living areas.
B. Certain MDR properties are identified as Commercial
Redevelopment Areas (see Figures 18-10 or 18-9) to encourage
aggregation with commercial properties that front on Tukwila
International Boulevard. _Aggregation and commercial
redevelopment of these sites would implement the Pacific Highway
Revitalization Plan and provide opportunities to redefine and
create more uniform borders between the commercial corridor and
adjacent residential neighborhoods.
C. Certain MDR properties are located in the Urban Renewal
Overlay (see Figure 18-15).—_Existing zoning and development
standards will remain in place, although multi -family buildings
would be permitted. The overlay provides additional alternate
development standards that may be applied to development within
the Urban Renewal Overlay upon request of the property owner
and if the development meets certain qualifying criteria. Urban
Renewal Overlay district standards would implement the Tukwila
International Boulevard Revitalization Plan through more intensive
development.
(Ord. 2257 §6 (part) 2009; Ord. 1865 §8, 1999;
Ord. 1758 §1 (part), 1995)
18.12.020 Land Uses Allowed
A. Refer to TMC Chapter 18.09, "Land Uses Allowed by
District."
(Ord. 2500 §5, 2016)
I-8
18.12.030 Recreation Space Requirements
A. In the MDR zoning district, any proposed multiple -family
structure, complex or development shall provide, on the premises
and for the use of the occupants, a minimum amount of recreation
space according to the following provisions:
1. Required Area.
a. For each proposed dwelling unit in the multiple -
family development and detached zero -lot -line type of
development, a minimum of 400 square feet (100 square feet for
senior citizen housing) of recreation space shall be provided. _Any
multiple -family structure, complex or development shall provide a
minimum of 1,000 square feet of total recreation space.
b. Townhouse units shall provide at least 250
square feet of the 400 square feet of recreation space as private,
ground level open space measuring not less than 10 feet in any
dimension.
c. The front, side and rear yard setback areas
required by the applicable zoning district shall not qualify as
recreation space. —_However, these setback areas can qualify as
recreation space for townhouses if they are incorporated into
private open space with a minimum dimension of 10 feet on all
sides.
2. Indoor or Covered Space.
a. No more than 50% of the required recreation
space may be indoor or covered space in standard multi -family
developments. —_Senior citizen housing must have at least 20%
indoor or covered space.
b. The Board of Architectural ReviewDirector may
grant a maximum of two square feet of recreation space for each
one square foot of extensively improved indoor recreation space
provided. —_Interior facility improvements would include a full range
of weight machines, sauna, hot tub, large screen television and the
like.
3. Uncovered Space.
a. A minimum of 50% of the total required recreation
space shall be open or uncovered, up to 100% of the total
requirement may be in open or uncovered recreation space in
standard multi -family developments. _Senior citizen housing allows
up to 80% of recreation space to be outdoors and has no minimum
outdoor space requirement.
Prged by the City of Tukwila, City Clerk's Office
Page 18-55
TITLE 18 — ZONING
b. Recreation space shall not exceed a 4% slope in
any direction unless it is determined demonstrated that the
proposed space design clearly facilitates and encourages the
anticipated use_ as endorsed by the Director.
c. The Board of Architectural Review Director may
grant a maximum credit of two square feet of recreation space for
each one square foot of outdoor pool and surrounding deck area.
4. General Requirements.
a. Multiple -family complexes (except senior citizen
housing, detached zero -lot -line and townhouses with nine or fewer
units), which provide dwelling units with two or more bedrooms,
shall provide adequate recreation space for children with at least
one space for the 5-to-12-year-old group. —_Such space shall be at
least 25% but not more than 50% of the total recreation space
required under TMC Section 18.12.030 (1), and shall be
designated, located and maintained in a safe condition.
b. Adequate fencing, plant screening or other buffer
shall separate the recreation space from parking areas, driveways
or public streets.
c. The anticipated use of all required recreation
areas shall be specified and designed to clearly accommodate that
use.
(Ord. 2525 §2, 2017)
1-8
18.12.060 Design Review
A. Design review is required for:
1. aNll-new multi -family structures_;
2. mMobile or manufactured home parks_;
3. dDevelopments in a Commercial Redevelopment
Area that propose the uses and standards of an adjacent
commercial zone.; and
4. +Development located within the shoreline
jurisdiction, if new building construction or exterior changes are
involved and the cost of the exterior work equals or exceeds 10%
of the building's assessed valuation. Multi family structures up to
1,500 square feet will be reviewed administratively.
(See TMC Chapter 18.60, Design ReviewBoard of Architectural
Review.)
;
18.12.070 Basic Development Standards
A. Development within the Medium Density Residential
District shall conform to the following listed and referenced
standards:
MDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
8,000 sq. ft. (Applied to parent lot
for townhouse platsubdivisions)
Lot area per unit
(multi -family)
3,000 sq. ft. (For townhouses the
density shall be calculated based on
one unit per 3000 sq. ft. of parent lot area. The
"unit lot" area shall be allowed to include the
common access easements).
Average lot width
(min. 20 ft. street frontage
width), minimum
60 feet
(Applied to parent lot
for townhouse platsubdivisions)
Setbacks, minimum:—_ Applied to parent lot for townhouse platsubdivisions
• Front -1st floor
15feet
• Front - 2nd floor
20 feet
• Front - 3rd floor
30 feet
(20 feet for townhouses)
• Second front - 1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet
(10 feet for townhouses)
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Sides - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
• Rear- 1st floor
10 feet
• Rear - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Rear - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Townhouse building separation, minimum
• 1 and 2 story buildings
10 feet
• 3 story buildings
20 feet
Height, maximum
30 feet
Development area coverage
50% maximum (75% for townhouses)
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off-street parking:
• Residential
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
• Accessory dwelling unit
See TMC Section-18.50.220
• Other uses
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations
(Ord. 2678 §24, 2022; Ord. 2581 §3, 2018; Ord. 2199 §12, 2008;
Ord. 1976 §23, 2001; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-5591
TITLE 18 - ZONING
HIGH DENSITY RESIDENTIAL
(HDR) DISTRICT
Sections:
18.14.010 Purpose
18.14.020 Land Uses Allowed
18.14.030 Recreation Space Requirements
18.14.060 Design Review
18.14.070 Basic Development Standards
18.14.010 Purpose
A. This district implements the High -Density Residential
Comprehensive Plan designation, which allows up to 22.0 dwelling
units per net acre. -_Senior citizen housing is allowed up to 60
dwelling units per acre, subject to additional restrictions. -_It is
intended to provide a high -density, multiple -family district which is
also compatible with commercial and office areas. -_Certain HDR
properties are identified as Commercial Redevelopment Areas
(see Figures 18-9 or 18-10) to encourage aggregation and
redevelopment of properties that front on Tukwila International
Boulevard. -_Aggregation and commercial redevelopment of these
sites would implement the Pacific Highway Revitalization Plan and
provide opportunities to redefine and create more uniform borders
between the commercial corridor and adjacent residential
neighborhoods.
B. Certain HDR properties are located in the Urban Renewal
Overlay (see Figure 18-15).-_Existing zoning and development
standards will remain in place. The overlay provides additional
alternate development standards that may be applied to
development within the Urban Renewal Overlay upon request of
the property owner, and if the development meets certain qualifying
criteria. —_Urban Renewal Overlay district standards would
implement the Tukwila International Boulevard Revitalization Plan
through more intensive development.
(Ord. 2257 §7 (part), 2009; Ord. 1865 §12, 1999;
Ord. 1830 §1, 1998; Ord. 1758 §1 (part), 1995)
1-8
18.14.020 Land Uses Allowed
A. Refer to TMC Chapter 18.09, "Land Uses Allowed by
District."
(Ord. 250-0 §6, 2016)
1-8
18.14.030 Recreation Space Requirements
A. In the HDR zoning district, any proposed multiple -family
structure, complex or development shall provide, on the premises
and for the use of the occupants, a minimum amount of recreation
space according to the provisions of TMC Section 18.14.030,
subparagraphs 1 through 4.-_In the TSO zone with underlying LDR
zoning on land that adjoins the City of SeaTac, recreation space
shall meet the provisions of TMC Section 18.14.030,
CHAPTER 18.14 subparagraphs 2 through 4, in addition to the minimum required
area as specified in TMC Section 18.41.090.A.1.
Prgced by the City of Tukwila, City Clerk's Office Page 18-57
TITLE 18 — ZONING
1. Required Area.
a. For each proposed dwelling unit in the multiple -
family development and detached zero -lot -line type of
development, a minimum of 400 square feet (100 square feet for
senior citizen housing) of recreation space shall be provided. -_Any
multiple -family structure, complex or development shall provide a
minimum of 1,000 square feet of total recreation space.
b. Townhouse units shall provide at least 250
square feet of the 400 square feet of recreation space as private,
ground level open space measuring not less than 10 feet in any
dimension.
c. The front, side and rear yard setback areas
required by the applicable zoning district shall not qualify as
recreation space. —_However, these setback areas can qualify as
recreation space for townhouses if they are incorporated into
private open space with a minimum dimension of 10 feet on all
sides.
2. Indoor or Covered Space.
a. No more than 50% of the required recreation
space may be indoor or covered space in standard multi -family
developments. —_Senior citizen housing must have at least 20%
indoor or covered space.
b. The Board of Architectural ReviewDirector may
grant a maximum of two square feet of recreation space for each
one square foot of extensively improved indoor recreation space
provided. Interior facility improvements would include a full range
of weight machines, sauna, hot tub, large screen television and the
like.
3. Uncovered Space.
a. A minimum of 50% of the total required recreation
space shall be open or uncovered; up to 100% of the total
requirement may be in open or uncovered recreation space in
standard multi -family developments. _Senior citizen housing allows
up to 80% of recreation space to be outdoors and has no minimum
outdoor space requirement.
b. Recreation space shall not exceed a 4% slope in
any direction unless it is determined that the proposed space
design clearly facilitates and encourages the anticipated use as
endorsed by the Director.
c. The Board of Architectural Review Director may
grant a maximum credit of two square feet of recreation space for
each one square foot of outdoor pool and surrounding deck area.
4. General Requirements.
a. Multiple -family complexes (except senior citizen
housing, detached zero -lot -line and townhouses with nine or fewer
units), which provide dwelling units with two or more bedrooms,
shall provide adequate recreation space for children with at least
one space for the 5- to 12-year-old group. -_Such space shall be at
least 25% but not more than 50% of the total recreation space
required under TMC Section 18.14.030 (1), and shall be
designated, located and maintained in a safe condition.
b. Adequate fencing, plant screening or other buffer
shall separate the recreation space from parking areas, driveways
or public streets.
c. The anticipated use of all required recreation
areas shall be specified and designed to clearly accommodate that
use.
(Ord. 2580 §2, 2018; Ord. 2525 §3, 2017)
1-8
18.14.060 Design Review
A. Design review is required for:
1. aMil multi -family structures.;
2. eaMobile or manufactured home parks„
3. dDevelopments in a Commercial Redevelopment
Area that propose the uses and standards of an adjacent
commercial zone., and
4. Developments located within the shoreline
jurisdiction, if new building construction or exterior changes are
involved and the cost of the exterior work equals or exceeds 10%
of the building's assessed valuation. Multi family structures up to
1,500 square feet will be reviewed administratively.
(See TMC Chapter 18.60,— Design ReviewBoard of
Architectural Review.)
(Ord. 2368 §9, 2012; Ord. 2005, §2, 2002;
Ord. 1865 §15, 1999; Ord. 1758 §1 (part), 1995)
1-8
18.14.070 Basic Development Standards
Development within the High -Density Residential District shall
conform to the following listed and referenced standards:
HDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
9,600 sq. ft. (Applied to parent lot
for townhouse platsubdivisions)
Lot area per unit
(multi -family, except
senior citizen housing)
2,000 sq. ft. (For townhouses the
density shall be calculated based on
one unit per 2000 sq. ft. of parent lot area.
The "unit lot" area shall be allowed to
include the common access easements.)
Average lot width
(min. 20 ft. street frontage width),
minimum
60 feet
(Applied to parent lot
for townhouse platsubdivisions)
Setbacks, minimum: _ Applied to parent lot for
townhouse platsubdivisions
• Front -1st floor
15 feet
• Front - 2nd floor
20 feet
• Front - 3rd floor
30 feet (20 feet for townhouses)
• Front — 4th floor
45 feet (20 feet for townhouses)
• Second front -1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet (10 feet for townhouses)
• Second front-4th floor
22.5 feet (10 feet for townhouses)
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Sides - 3rd floor
20 feet
(30 feet if adjacent to LDR)
(10 feet for townhouses
unless adjacent to LDR)
Produced by the City of Tukwila, City Clerk's Office
Page 18-51193
TITLE 18 — ZONING
• Sides - 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
• Rear- 1st floor
10 feet
• Rear - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Rear- 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
• Rear- 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Townhouse building separation, minimum
• 1 and 2 story buildings
10 feet
• 3 and 4 story buildings
20 feet
Height, maximum
45 feet
Development area coverage
50% maximum (except senior citizen
housing), (75% for townhouses)
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior
citizen housing)
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
• Accessory dwelling unit
See TMC Section 18.50.220
• Other uses, including senior
citizen housing
See TMC Chapter-18.56,
Off-street Parking & Loading Regulations
Performance Standards:=Use, activity and operations within a structure or a site
shall comply with (1) standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22,
"Noise", and, (3) adopted State and Federal standards for water quality and
hazardous materials. -_In addition, all development subject to the requirements of the
State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been adequately mitigated.
(Ord. 2678 §25, 2022; Ord. 2581 §4, 2018; Ord. 2199 §14, 2008,
Ord. 1976 §27, 2001; Ord. 1830 §3, 1998; Ord. 1758 §1 (part), 1995)
CHAPTER 18.16
MIXED USE OFFICE
(MUO) DISTRICT
Sections:
18.16.010 Purpose
18.16.020 Land Uses Allowed
18.16.060 On -Site Hazardous Substances
18.16.070 Design Review
18.16.080 Basic Development Standards
18.16.010 Purpose
This district implements the Mixed -Use Office Comprehensive
Plan designation which allows up to 14.5 dwelling units per net
acre. -_Senior citizen housing is allowed up to 60 dwelling units per
acre, subject to additional restrictions.- It is intended to create and
maintain areas characterized by professional and commercial
office structures, mixed with certain complementary retail and
residential uses.
48
18.16.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 2500-§7,-2016)
1-8
18.16.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105). (See
TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.16.070 Design Review
Design review is required for:
1. aPll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation_;
2. fer-cCommercial structures 1,500 square feet or
larger outside the shoreline jurisdiction., for
3. aSll-structures containing multi -family dwellings_ and
4. aStl-structures in the Tukwila International Boulevard
corridor. (See TMC Figure 18-9) Commercial structures between
1,500 and 5,000 square feet, multi family structures up to 1,500
square feet, and all buildings up to 1,500 square feet in the Tukwila
International Boulevard corridor will be reviewed administratively.
Design review is also required for
Prgjced by the City of Tukwila, City Clerk's Office Page 18-59
TITLE 18 — ZONING
5. °Certain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet.
(See TMC Chapter 18.60, Design Review Board of
Architectural Review.)
(Ord. 2368 §11, 2012; Ord. 2005 §3, 2002;
Ord. 1758 §1(part), 1995)
18.16.080 Basic Development Standards
Development within the Mixed Use Office District shall
conform to the following listed and referenced standards.— In the
Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC
18.60.0,3z0). Certain setback and landscaping standards may be
waived by the Director of Community Development as a Type 2
decision when an applicant can demonstrate that shared narking
is provided. _If a project requires a Vino A approval process
certain setbacks and landscaping may be waived by the BAR when
an applicant can demonstrate that thc number of driveways is
reduced, efficiency of thc site is increased, joint use of parking
facilities is allowed or pedestrian oriented space is provided.
Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts. _{.See
the Tukwila International Boulevard Design Manual for morc
detailed directions.)
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit,
multi -family (except senior citizen
housing), minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback (for every 1.5
feet of bldg. height, setback 1 foot from
property line) min. of 10 feet and a
max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback (for every 1.5
feet of bldg. height, setback 1 foot from
property line) min. of 10 feet and a
max. of 30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56,
Off street Parking & Loading
Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses, including senior citizen
housing
See TMC Chapter 18.56, off-street
Parking & Loading Regulations
Performance Standards:- Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise",
and, (3) adopted State and Federal standards for water quality and hazardous
materials.— In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether
adverse environmental impacts have been adequately mitigated.
(Ord. 2678 §26, 2022; Ord. 2581 §5, 2018; Ord. 2251 §22, 2009;
Ord. 1976 §30, 2001; Ord. 1872 §1, 1999; Ord. 1865 §18, 1999;
Ord. 1830 §7, 1998; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-61)95
TITLE 18 — ZONING
CHAPTER 18.18
OFFICE (0) DISTRICT
Sections:
18.18.010 Purpose
18.18.020 Land Uses Allowed
18.18.060 On -Site Hazardous Substances
18.18.070 Design Review
18.18.080 Basic Development Standards
18.18.010 Purpose
This district implements the Office Comprehensive Plan
designation. —_It is intended to provide for areas appropriate for
professional and administrative offices, mixed with certain retail
uses. —_Because of the generally light environmental and traffic
impacts and daytime use characteristics of offices, it is further
intended that such districts may serve as buffers between
residential districts and commercial and/or industrial areas.
(Ord. 1758 §1 (part), 1995)
1-8
18.18.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
{Ord. 2500 §8, 2016)
1-8
18.18.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use.— On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.18.070 Design Review
Design review is required for:
1. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation., and for
2. ECommercial structures 1,500 square feet or larger
outside the shoreline jurisdiction. Commercial structures between
1,500 and 5,000 square feet will be reviewed administratively.
Design review is also required for
3. cCertain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet.
(See TMC Chapter 18.60, Design Review Board of
Architectural Review.)
{Ord. 2368 §13, 2012; Ord. 2005 §4, 2002;
Ord. 1758 §1 (part), 1995)
18.18.080 Basic Development Standards
Development within the Office District shall conform to the
following listed and referenced standards:
OFFICE BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
- 1st Floor
10 feet
- 2nd Floor
20 feet
- 3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
- 1st Floor
10 feet
- 2nd Floor
20 feet
- 3rd Floor
30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum 3 stories or 35 feet
Off-street parking:
• Residential
See TMC 18.56, Off-street Parking/Loading
Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airbome pollutants, (2) TMC 8.22, "Noise", and, (3) adopted
State and Federal standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy Act, RCW
43.21C, shall be evaluated to determine whether adverse environmental impacts have
been adequately mitigated.
Preyed by the City of Tukwila, City Clerk's Office Page 18-61
TITLE 18 — ZONING
CHAPTER 18.20
{Ord. 2678 §27, 2022; Ord. 2581 §6, 2018; Ord. 1976 §35, 2001;
Ord. 1872§2, 1999; Ord. 1758§1 (part), 1995) RESIDENTIAL COMMERCIAL CENTER
(RCC) DISTRICT
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMf` Chapter 14 52 "I andeGape Requirements " Table A for n meter and
marking l t-landscapi„e re entc
Height, maximum
Off street parking:
• Residential
• Officc, minimum
3 stories or 35 feet
Regulallens
3per1,000sq.ft
usable -fleet -area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor ar a
• Other uses
See TMC 18.56, Off street
Parkin.. & I oading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
State and Federal standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy Act, RCW
43.21C, shall be evaluated to determine whether adverse environmental impacts have
been adequately mitigated.
Sections:
18.20.010 Purpose
Lot area, minimum
5,000 sq. ft.
Lot area er unit multi -family), minimum
3,000 so. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
5 feet
• Sides, if any portion of the yard is
10 feet
within 50 feet of LDR, MDR, HDR
• Rear
10 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off-street parking:
• Residential
See TMC 18.56,
Off-street Parking & Loading Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 so. ft.
usable floor area
• Other uses
See TMC 18.56, Off-street Parking
& Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and (3) adopted
State and Federal standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy Act, RCW
43.21C, shall be evaluated to determine whether adverse environmental impacts have
been adequately mitigated.
18.20.020 Land Uses Allowed
18.20.060 On -Site Hazardous Substances
18.20.070 Design Review
18.20.080 Basic Development Standards
18.20.010 Purpose
This district implements the Residential Commercial Center
Comprehensive Plan designation which allows a maximum of 14.5
dwelling units per net acre.— It is intended to create and maintain
pedestrian -friendly commercial areas characterized and scaled to
serve a local neighborhood, with a diverse mix of residential, retail,
service, office, recreational and community facility uses.
(Ord. 1758 §1 (part), 1995)
1-8
18.20.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord 2 O0 Ro on16)
1-8
18.20.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
Produced by the City of Tukwila, City Clerk's Office Page 18-6f97
TITLE 18 — ZONING
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
18.20.070 Design Review
Design review is required for:
1. aAll new commercial and multifamily structures and
2. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation. Commercial and multi family
structures up to 1,500 square feet will be reviewed administratively.
Design review is also required for
3. eCertain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet.
(See TMC Chapter 18.60, Design Review Board of Architectural
Review.)
(Ord. 2368 §15, 2012; Ord. 2005 §5, 2002;
Ord. 1758 §1 (part), 1995)
18.20.080 Basic Development Standards
Development within the Residential Commercial Center
District shall conform to the following listed and referenced
standards:
RCC BASIC DEVELOPMENT STANDARDS
(Ord. 2678 §28, 2022; Ord. 2581 §7, 2018; Ord. 2518 §8, 2016;
Ord. 1976 §39, 2001; Ord. 1872 §3, 1999; Ord. 1758 §1 (part), 1995)
Preyed by the City of Tukwila, City Clerk's Office
Page 18-63
TITLE 18 - ZONING
Produced by the City of Tukwila, City Clerk's Office Page 18-6199
TITLE 18 - ZONING
CHAPTER 18.22
NEIGHBORHOOD COMMERCIAL CENTER
(NCC) DISTRICT
hetarenifnurn
Lot area per unit (multi family), minimum
Setbacks to yards, minimum:
Front
5,000 sq. ft.
3,000 sq. ft.
20 feet
• Second front
1-0-feet
• Sides
5-feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• R ar
10 feet
Refer to TMC Chapter 14 52 "I andscape Den onto Tablo 4 for n meter and
parking lot landscaping requirements.
Height, maximum
Recr ation space
Off street parking:
• Residential
• Office, minimum
3 stories or 35 feet
200 sq. ft. per dwelling unit
{1,000 sq. ft. min.)
Scc TMC Chapter 18.56,
Off street Parking & Loading Regulations
3 per 1,000 cq. ft.
usable floor ar
• Retail, minimum
2.5 per1,000 sq. ft.
usable floor ar a
—Other-uses
See TMC Chapter 18.56, Off street
Parking & Loading Regulations
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and (3)-
adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 13.21C, shall be evaluated to determine whether adverse environmental
Sections:
18.22.010 Purpose
18.22.020 Land Uses Allowed
18.22.060 On -Site Hazardous Substances
18.22.070 Design Review
18.22.080 Basic Development Standards
18.22.010 Purpose
A. This district implements the Neighborhood Commercial
Center Comprehensive Plan designation. -_Senior citizen housing
is allowed up to 60 dwelling units per acre, subject to additional
restrictions.- It is intended to provide for pedestrian -friendly areas
characterized and scaled to serve multiple residential areas, with a
diverse mix of uses.- Uses include residential uses at second story
or above when mixed with certain retail, service, office, recreational
and community facilities, generally along a transportation corridor.
B. Certain NCC properties are located in the Urban Renewal
Overlay (see Figure 18-15).-_Existing zoning and development
standards will remain in place. -_The overlay provides additional
alternate development standards that may be applied to
development within the Urban Renewal Overlay upon request of
the property owner, and if the development meets certain qualifying
criteria. —_Urban Renewal Overlay district standards would
implement the Tukwila International Boulevard Revitalization Plan
through more intensive development.
(Ord. 2257 §8(part), 2009; Ord. 1865 §22, 1999;
Ord. 1830 §10, 1998; Ord. 1758 §1 (part), 1995)
Prped by the City of Tukwila, City Clerk's Office Page 18-65
TITLE 18 —ZONING
18.22.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
{Ord. 250041-0r284-6)
1-8
18.22.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
{Ord. 1758 §1 (part), 1995)
1-8
18.22.070 Design Review
Design review is required for:
1. aAll commercial structures.and for
2. aAll multi -family structures. and
3. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation. Commercial anrt mi di -family
structures up to 1,500 square feet will be reviewed administratively.
Design review is also required for
4. cCertain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet or in the
Tukwila International Boulevard corridor.
(See TMC 18.60, Design Reviewthe Board of Architectural
Review chapter of this title.)
{Ord. 2368 §17, 2012; Ord. 2005 §6, 2002;
Ord. 1758 §1 (part), 1995)
1-8
18.22.080 Basic Development Standards
Development within the Neighborhood Commercial Center
District shall conform to the following listed and referenced
standards: —_In the Tukwila International Boulevard corridor, there
are circumstances under which these basic standards may be
waived (see TMC 18.60.03'0).— Certain setback and landscaping
standards may be waived by the director of Community
Develenme pe 2 decision when an applicant pan
demonstrate that shared parking is provided. _If a project requires
a Type 4 approval process, certain setbacks and landscaping may
ae waived by the BAR +wen an applicant can demonstrate that the
joint use of parking facilities is allowed or pedestrian space is
provided. _
on commercial property sides adjacent to residential districts.
See the Tukwila International Boulevard Design Manual for
more detailed directions
NCC BASIC DEVELOPMENT STANDARDS
Lot area per unit for senior citizen housing,
726 sq. ft. (senior housing)
726 cq. ft. (senior housing)
Setb&o yards, minimum:
• Front
• Second front
§mod front
6 feet (12 feet if located along
JOU.nil� Inter +il BI.rf�2.
if any portion of the yard is
45i?f541NIR rd
within 50 feet of LDR, MDR, HDR
• Rear
I rif an y portion of the vara is witntn
1 @ #Ag
Ratio of 1.5:1 sgttj�
(for every 10 frebpftt6d oN41,
setbfk lgi. f{c rpap n6 R.
R.
e+h„t2f %.
f 10 feet and 2 rryov of.
• i,eifiiy rtknf OP�ard is within
50 feet of LDR, MDR, HDR
Refer to TMC 18.52, "Landscape Requireme
Ratio of 1.5:1 stipttzkii
for eve 1
setbi .Mk figsrt peg 'n
setbade 1
nts," Table
rf9Af' ed. R:15 0,1A4elA1
WignillatelAWrii42 "L " Tablo A, for perirnefer and
klea,bt• maxiawtmen,n .e ,,,.nmen+� 3 stories or 35 feet
Height, maximum
Recreation space
Recreation space,.
sin i
rlff_cfreat r rkinn
O p (except senior citi
(4 stories or 45 fel ,itib 18pY�o ,R1
e td l r Atefeo6i thC' r f
lhca Tlik ffmT18na
ilndacougifialgirnwnt rasident4,4
and commerciA%9Akt5 dwelling unit
(I,000 sg. ft. r ft
(1,000 sq. ft. ml .9 so. ft. per dwelling unit
zen
• ial (except senior citizen
• Offico
• Retail
• Retail
• Manufacturing
'''e-sq ft dwelling -unit
See TM(,18.56, Oft -street
P,ark+ngiLealt&diPalia
fElf
rc
akilbRasSrctIn
1u bl�
usable floyima uin
usable flop
• • Other uses, including senior citizen
Y�•ii
rclrw
AfTddiYalulf
,2ak iit ip
senior Pal isb8i thin ,e,54t
Perfsga �� �Standards: se, activity and pperations wityRi rf� llgatzi3��
�'Ytt;d 8 g spy 04ePMOi �n ', '� V, ifh,�rp 'Oa °3'hfa'
+� {tf�(9 �ary�nr(� aq ��if��h[p�Ep�} a` 1pt• tr�y��u ctfErpp��}}��olylp�}�re06ggg—�I�n,i( eft
F�'i aiN}r�t�REi�ragtifi'Nf14C�0ilk) 'anQ �rr4vlCp, ,0Ba, p�� At. op C'f}
•' i �� • I.,MrjO .S TO�WalC , r ° Z 90US9:13:A Al °1 IC ilr IaAr1E
,y�� - • P 1- - u !.i d.l:s. l: ram . " n:. " .! (_(1. , !. '
kRNgsos •
sitizeu
been -adequately -mitigated,
(Ord. 2678 §29, 2022; Ord. 2581 §8, 2018; Ord. 1976 §42, 2001;
Ord. 1872 §4, 1999; Ord. 1865 §25, 1999;
Ord. 1830 §13, 1998; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-6101
TITLE 18 — ZONING
Prpced by the City of Tukwila, City Clerk's Office Page 18-67
TITLE 18 — ZONING
CHAPTER 18.24
REGIONAL COMMERCIAL
(RC) DISTRICT
Sections:
18.24.010 Purpose
18.24.020 Land Uses Allowed
18.24.060 On -Site Hazardous Substances
18.24.070 Design Review
18.24.080 Basic Development Standards
18.24.010 Purpose
This district implements the Regional Commercial
Comprehensive Plan designation. —_It is intended to provide for
areas characterized by commercial services, offices, lodging,
entertainment, and retail activities with associated warehousing,
and accessory light industrial uses, along a transportation corridor
and intended for high -intensity regional uses. _Where the area and
streetscape is more residential than commercial in character,
residential or mixed use residential is also allowed in order to
provide redevelopment options and additional households, which
would support the surrounding commercial district -in areas where
residential uses are permitted, senior citizen housing is allowed up
to 60 dwelling units per acre, subject to additional restrictions._The
zone's standards are intended to promote attractive development,
an open and pleasant street appearance, and compatibility with
adjacent residential areas.
{Ord. 1865 §26, 1999; Ord. 1758 §1 (part), 1995)
1-8
18.24.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 2500 §11, 2016)
18.24.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.24.070 Design Review
Design review is required for:
1. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation_; ai4
2. aAll hotels and motels, and for
3. All other commercial structures 1,500 square feet or
larger outside the shoreline jurisdiction.
4. Outside of the Tukwila International Boulevard
corridor, commercial structures between 1,500 and 5,000 square
feet and multi family structures up to 1,500 squarc fcct will be
reviewed administratively. Within the Tukwila International
Boulevard corridor (see TMC Figure 18-9), design review is
required for all new development as well as certain exterior repairs,
reconstructions, alterations or improvements. _Commercial and
multi family structures up to 1,500 square feet will be reviewed
administratively.
(See TMC Chapter 18.60, Design ReviewBoard of Architectural
Review.)
{Ord. 2368 §21, 2012; Ord. 2005 §7, 2002;
Ord. 1865 §30, 1999; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-603
TITLE 18 — ZONING
18.24.080 Basic Development Standards
Development within the Regional Commercial district shall
conform to the following listed and referenced standards. —_In the
Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC
18.60.0320).
RC BASIC DEVELOPMENT STANDARDS
Certain setback and Iandscaninn standards may be waived
by the Director of Community Development as a Type 2 decision
provided. If a project requires a Type 4 approval process, certain
setbacks and landscaping may be waived by the BAR when an
applicant can demonstrate that the number of driveways is
reduced, efficiency of the site is increased, joint use of parking
facilities is allowed, or pedestrian oriented space is provided.
Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts. _See
the Tukwila International Boulevard Design Manual for more
detailed directions. _See also Chapter 18.50, Supplemental
Development Regulations.
D(` DACIP 11GVG1 11DMCAIT QTAN ADr c
Lot ar a (multifamily, except
2,000 cq. ft.
Where height limit is 6 stories: 622 sq. ft.
per unit
senior citizen housing), minimum
Where height limit is 10 stories: 512 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
.-Sesend-front
10 feet
• Sidcs
10 feet
- Sidcs, if the deio
Rle•ef
an ion.pf yard
Lot6Rrs_U4lils{1�W�ti2rg14y,,
fo ev 1.5
11 i
� ...
senior cI izen ouslng , rrtinimurh
Where height
3
Where height limit
1
•R)Ri Ig.,t
Setbacks to yards, minimum:
feet and a max of 30 feet
WI r more stories
a fragi
-13eeend front
10 feet
• 8 es if any portion of the yard is
is
within 50 feet of LDR, MDR, HDR
heiWttP fei&
feetailiftkflii*AfniOlelt
feet and a max. of 80-feet
When 3 or more stories
pakiagdot landscaping requirements.
10 feet
H€49114tRagfrok1iffl portion of the yard is
RaResOlieSterst
Reece*fei of LDR, MDR, HDR
height, kfefAtrfiia
Recreation space, senior citizen housing
feet and a max. of 30 feet
011kstriectiTeKtetExpories
30 feet
R uirements,"
Table A, fo
landhsetwing-frequirements.
Parkin n eadinn Regulations
H 4g1ft ietaximum
Recreation space
200 sq. ft. per dwellint njait
• Retail
Recreation space, senior citizen housing_
100 so. ft. porressAftiratiiil
•• MnntifaCtUFil,g
1 per 1,000 sq. ft. usable floor ar o
Off-street parking:
minimum
xceot senior citizen
housing)
Parking/Loading Remits
• Othe.„ ncl cling n nitiznn
hiatising
yil litigrigtsenior citzen
See TMC 18 5 Off-street Parking &
housing
Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted
State and Federal standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy Act, RCW
43.21C, shall be evaluated to determine whether adverse environmental impacts have
been adequately mitigated.
(Ord. 2678 §30, 2022; Ord. 1976 §45, 2001; Ord. 1872 §5, 1999;
Ord. 1865 §31, 1999; Ord. 1758 §1 (part), 1995)
Prr$ced by the City of Tukwila, City Clerk's Office Page 18-69
TITLE 18 — ZONING
CHAPTER 18.26
REGIONAL COMMERCIAL MIXED -USE
(RCM) DISTRICT
Sections:
18.26.010 Purpose
18.26.020 Land Uses Allowed
18.26.060 On -Site Hazardous Substances
18.26.070 Design Review
18.26.080 Basic Development Standards
18.26.010 Purpose
This district implements the Regional Commercial Mixed Use
Comprehensive Plan designation, which allows up to 14.5 dwelling
units per net acre. —_Senior citizen housing is allowed up to 60
dwelling units per acre, subject to additional restrictions. —_It is
intended to provide for areas characterized by commercial
services, offices, lodging, entertainment, and retail activities with
associated warehousing, and accessory light industrial uses, along
a transportation corridor and intended for high -intensity regional
uses.— Residential uses mixed with certain commercial uses are
allowed at second story or above. —_The zone's standards are
intended to promote attractive development, an open and pleasant
street appearance, and compatibility with adjacent residential
areas.
(Ord. 1830 §16, 1998; Ord. 1758 §1 (part), 1995)
I-8
18.26.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 2500 §12, 2016)
18.26.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
Lot area per unit (multifamily, except
3,000 ft
senior citizen housing), minimum
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
See TMC 18.56, off street
housing)
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor
area minimum
• Retail
2.5 per 1,000 sq. ft. usable floor
area minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor
area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor
area minimum
• Other uses, including senior citizen
See TMC 18.56, Off-street Parking
housing
& Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
{Ord. 1758 §1(part), 1995)
I-8
18.26.070 Design Review
Design review is required for:
1. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation_, and for
2. eCommercial structures 1,500 square feet or larger_
and for
3. aAll structures containing multi -family dwellings
outside the shoreline jurisdiction. Commercial structures between
1,500 and 5,000 square feet and multi family structures up to 1,500
Produced by the City of Tukwila, City Clerk's Office
Page 18-7205
TITLE 18 — ZONING
square feet will be reviewed administratively. Design review is also
required for
4. GC ertain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet.
(See TMC Chapter 18.60,— uesign rceviewBoard of
Architectural Review.)
(Ord. 2368 §24, 2012; Ord. 2005 §8, 2002;
Lot ar a per unit (multifamily, except
senior citizen housing), minimum
Setbacks to yards, minimum:
3,000 ft
• Front
20 feet
• Second front
10 feet
Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd-Floor
20 feet
3rd Floor
30 feet
• Rear
10 feet
• Dear if an.. portion of the i.ard is within 50 foot of 1 DR MDD HDR
1st Floor
10 feet
2ne-Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping re ents
Height, maximum
Recreation space
Recreation space, senior citizcn housing
3 stories or 35 feet
200 se fl per dwelling unit
{1,000 sq. ft. min.)
100 sq. ft. per dwelling unit
Off street parking:
• Residential (except senior citizen
Wig)
'--0ffice
See TMC 18.56, Off street
Parking/I oading Regulations
3 per 1,000 sq. ft. usable floor
ar a minimum
• Rctail
2.5 per 1,000 sq. ft. usable floor
1 per 1,000 sq. ft. usable floor
-Warehousing
1 per 2,000 sq. ft. usable floor
• Other..ses including senior citizen
housing
See TMC 18.56, Off street Parking
Si -Leading -Regulations
Performance Standards: Use, activity and operations within a structure or a sitc shall
odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3)
ality and hazardous materials. In
Act, RCW 13.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
Ord. 1758 §1 (part), 1995)
18.26.080 Basic Development Standards
Development within the Regional Commercial Mixed Use
District shall conform to the following listed and referenced
standards:
RCM BASIC DEVELOPMENT STANDARDS
(Ord. 2678 §31, 2022; Ord. 1976 §47, 2001; Ord. 1872 §6, 1999;
Ord. 1830 §19, 1998; Ord. 1758 §1 (part), 1995)
Pr2ed by the City of Tukwila, City Clerk's Office
Page 18-71
TITLE 18 — ZONING
1
1
1
CHAPTER 18.28
TUKWILA URBAN CENTER
(TUC) DISTRICT
Sections:
Introduction
18.28.010 Purpose and Orientation
18.28.020 How to Use the Development Code
18.28.030 Applicability and Design Review
Table 18-1:—Summary of Applicable Review
Process and Standards/Guidelines
District -Based Standards
18.28.040 Districts
18.28.050 District Land Uses
Table 18-2: Land Uses Allowed By District
18.28.060 District Standards
Table 18-3:—District Standards
18.28.070 Structure Height
18.28.080 Maximum Block Face Length
18.28.090 Permitted Corridor Types for New Streets
18.28.100 Side and Rear Setbacks
18.28.110 Side and Rear Yard Landscaping Requirements
Corridor -Specific Standards
18.28.120 Corridors
18.28.130 Corridor Regulations
Figures 18-20 through 18-27
Corridor Standards
18.28.140 New Streets
18.28.150 Public Frontage Standards
18.28.160 Building Orientation to Street/Open Space
18.28.170 Frontage Building Coverage
18.28.180 Front Yard
18.28.190 On -Site Surface Parking Location
18.28.200 Architectural Design Standards
18.28.210 Front Yard Encroachments
Supplemental Development Standards
18.28.220
18.28.230
18.28.240
18.28.250
18.28.260
18.28.270
18.28.280
Special Corner Feature
Landscaping Types
General Landscaping
Open Space Regulations
Table 18-4: Provision of Open Space
General Parking Requirements
Table 18-5:—Provision of Parking
General Parking Guidelines
Site Requirements
Produced by the City of Tukwila, City Clerk's Office Page 18-7207
TITLE 18 - ZONING
Introduction
18.28.010 Purpose and Orientation
The purpose of this chapter is to implement the goals and
policies of the Tukwila Comprehensive Plan and Southcenter
Subarea Plan.- This chapter contains the primary development
code that will be used to evaluate development projects or
improvement plans proposed on properties within the Tukwila
Urban Center (TUC) zone area.- The Code contains regulations
governing Use, Height, Building Placement, Public and Private
Frontage, Parking, Streets, Blocks, Open Space, Landscaping,
Site Design, and Architecture. -_See the Tukwila Comprehensive
Plan and Southcenter Subarea Plan for more detail about the long
range vision for the Plan area and a discussion of City actions and
investments that support implementation of the Southcenter vision.
{Ord. 2443 §2, 2014)
18.28.020 How to Use the Development Code
A. The Development Code is organized into four primary
sections:
1. District -based standards,
2. Corridor -based standards,
3. Supplemental development regulations, and
4. A separate Southcenter Design Manual.
B. Following are instructions on how to locate and review the
development regulations that apply to a specific property:
1. Locate the property on the District Map
(Figure 18-16), and Corridor Type Map (Figure 18-19).- _Identify
which District and Corridor Type(s) apply to the property.
2. Review the District Standards (Tables 18-2 and 18-
3) and Corridor Standards (Figures 18-20 through 18-27) and
identify the specific standards for the applicable District and
Corridor Type. -_Note that the tables and figures are intended as a
summary and do not encompass all mandatory requirements
presented throughout the development regulations.
3. District -Based Standards (TMC Sections 18.28.040
through 18.28.110) govern:
a. The use of a building or site; see Table 2, "Land
Uses Allowed by District."
b. The scale and configuration of the built
environment; see Table 3, "District Standards."
4. Corridor -Based Standards (TMC Sections 18.28.120
through 18.28.200) govern:
a. Thoroughfare configuration, public frontage
conditions, building and parking placement, front yard landscaping,
and architectural aspects of that portion of a building's facade
within the first 185 feet of a parcel, measured from the curb line
provided, however, that for Future Corridors mapped on Figure 18-
19 these Corridor Standards do not apply until the Corridor is
activated by:-_(i) City acquiring the right-of-way and installing
thoroughfare and public frontage improvements or lawfully
requiring dedication and installation of the same in connection with
a project proposal; or (ii) an applicant or owner elects to install the
Corridor improvements and provide public access in connection
with adjoining development. _See the Corridor Standards (Figures
18-20 through 18-27).
b. More detailed information about the development
regulations and guidelines that apply to each Corridor can be
reviewed in the subsequent sections.- These regulations are set
forth to ensure that the configuration, location, orientation and
design of new development match the envisioned character of all
streets and open spaces in the Plan area.
5. Supplemental Development Regulations (TMC
Sections 18.28.220 through 18.28.280):-_These sections contain
regulatory definitions, requirements and guidelines that are
common for all properties in Southcenter._They address front yard
encroachments, special corner features, new streets
configurations and guidelines, open space, landscaping, site
components, and parking.
C. Interpretation of the Development Code. —_Most
sections of the code feature the following elements:
1. Purpose. —_Purpose statements are overarching
objectives.
2. Standards.- Standards use words such as "shall",
"must", or "is/are required", signifying required actions.
3. Guidelines.- Guidelines use words such as "should"
or "is/are recommended", signifying voluntary measures.
4. Alternatives.- Some standards within the code allow
applicants to propose alternative methods of meeting the particular
standards. -_In such cases, the applicant shall demonstrate how
the proposal meets the purpose of the standard and the overall
objectives of the Plan.
D. See the Applicability and Design Review section
(TMC Section 18.28.030) to determine how the provisions in this
chapter apply to properties in the TUC zone and which other
Tukwila codes may apply to a specific property.
{Ord. 2443 §3, 2014)
1-8
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 CodoTMO shall apply when not specifically covered by
this chapter; and, further, provided that where Title TMC 18 and
the goals of the Southcenter Subarea 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
Prped by the City of Tukwila, City Clerk's Office
Page 18-73
TITLE 18 — ZONING
Chapter 18.45, "Environmentally Critical Areas," and TMC Chapter
18.54, "Urban Forestry and 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
pl-ats-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.
B. Intensification of Use.— Maximum block face length
(TMC Section 18.28.080) and public frontage improvements (TMC
Section 18.28.150) are required when an individualized
assessment by the Director determines that the improvements are
reasonably necessary as a direct result of the transportation
impacts of a proposed development.
C. Pad Development, Expansions or Complete
Redevelopment.
1. Construction of a new pad building on a site with
existing development shall meet all requirements for the new
structure, and any alterations to non -conforming landscape areas
or parking lots shall be made in accordance with the standards in
TMC Chapter 18.70, "Non -Conforming Lots, Structures and Uses."
2. Expansions of existing buildings shall meet all
requirements for the new portions of the structure, and any
alterations to non -conforming landscape areas or parking lots shall
be made in accordance with the standards in TMC Chapter 18.70,
"Non -Conforming Lots, Structures and Uses."
3. Development of a vacant site or complete
redevelopment of a site shall require compliance with all of the
standards and guidelines in this chapter.
D. Design Review. (Table 18-1)
1. Design review for projects located in the TUC
Regional Center (TUC RC), Transit Oriented Development
Neighborhood (TUC TOD), Pond (TUC P), or Commercial Corridor
{TUC CC) Districts:
a. Projects meeting the thresholds for design review
set forth in subparagraph TMC 18.28.030.D.1.b. and c. shall be
evaluated using applicable regulations in this chapter and the
guidelines set forth in the Southcenter Design Manual.— Work
performed within the interior of a structure does not trigger design
review or application of District or Corridor Standards.
Produced by the City of Tukwila, City Clerk's Office Page 18-7 09
TITLE 18 — ZONING
b. Major remodels and small-scale projects.
Projects meeting any one of the following criteria shall be reviewed
admi,,, „strativel s a -Ty e 2 decision (see subject to Design
Review pursuant to TMC Chapter 18.60):
(1) New non-residential structures
betweengreater than- 1,500 and 25,000 square feet in size (total
on premises).
(2) New residential or mixed -use buildings
providing up to 50 dwelling units (total on premises).
(3) Any exterior repair, reconstruction,
cosmetic alterations or improvements, when the cost of that work
exceeds 10% of the building's current assessed valuation (the cost
of repairs to or reconstruction of roofs screened by parapet walls is
exempt). Compliance with corridor -based architectural design
standards and building orientation is required for existing buildings
only if they are destroyed by any means to an extent of more than
50% of their replacement cost at the time of destruction, in the
judgment of the City's Building Official.
(4) Exterior expansions betweengreater than
1,500 and 25,000 square feet in size (total on premises).
c. Large scale projects. _Projects meeting the
following criteria shall be reviewed by the Board of Architectural
Review (BAR) as a Type 4 decision (con TMC Chapter 1A 60):
{1) New non residential structures greater
than 25,000 square feet in size (total on premises).
{2) New residential or mixed use buildings
with more than 50 dwelling units (total on premises).
{3) Exterior expansions greater than 25,000
square feet in size (total on premises).
d. Minor remodels and very small scale projects.
Projects NOT meeting the design thresholds set forth in
subparagraph TMC 18.28.030.D.1.b. or c. are not subject to design
review and shall be evaluated using applicable regulations in this
chapter EXCEPT for the corridor -based architectural design
standards.
2. Design Review for Projects located in the
Workplace District
a. Buildings containing any dwelling units that meet
the following thresholds for design review shall be evaluated using
applicable regulations in this chapter and the guidelines set forth in
the Southcenter Design Manual. Work performed within tho
interior of a structure does not trigger design review or application
of District or Corridor Standards.
Type -of -Review
(1) New small scale residential or mixcd use
biilydings providing i ip fo 50 dwelling snits (total on promises) shall
be reviewed administratively as a Type 2 decision (see TMC
Chapter 18.60).
{2) Major remodels. Any exterior repair,
reconstruction, cosmetic alterations or improvements to buildings
over 10,000 square fcct, when the cost of that work cxcccds-10w
of the building's current assessed valuation (the cost of repairs to
or reconstruction of roofs screened by parapet walls is exempt)
shall be reviewed administratively as a Type 2 decision (see TMC
Chapter 18.60).
{3) New large scale residential or mixed use
building projects with more than 50 dwelling units (total on
premises) will be reviewed by the Board of Architectural Review
{BAR) as a Type 4 decision (see TMC Chapter 18.60).
b. All other projects meeting the following thresholds
for design review shall be evaluated using the applicable
regulations in this chapter and the design review criteria in TMC
Section 18.60.050.
Type of Review
{1) Small scale new construction or exterior
expansions between 1,500 and 25,000 square feet shall be
reviewed administratively as a Type 2 decision (see TMC Chapter
18.60).
{2) Major remodels. Any exterior repair,
reconstruction, cosmetic alterations or improvements to buildings
over 10,000 square fcct, when the cost of that work cxcccds-1-0-
of the building's current assessed valuation (the cost of repairs to
or reconstruction of roofs screened by parapet walls is exempt)
shall be reviewed administratively as a Type 2 decision (see TMC
Chapter 18.60). Compliance with corridor based building
orientation/placement and architectural design standards is
required for existing buildings only if they are destroyed by any
means to an extent of more than 50% of their replacement cost at
the time of destruction, in the judgment of the City's Building
Official.
(3) Large scale new construction or exterior
expansions gr tcr than 25,000 square fcct shall be reviewed by
the Board of Architectural Review as a Type A decision (see TMC
Chapter 18.60).
n Minor remodels and very small scale projects.
Projects NOT meeting the design thresholds set forth in
subparagraph 18.28.030.D.2.a. or b. shall be evaluated using
applicable regulations in this chaptcr EXCEPT for the corridor
based architectural design standards.
{Ord. 2678 §9, 2022; Ord. 2500 §14, 2016; Ord. 2443 §4, 2014)
Pr2e.4qyed by the City of Tukwila, City Clerk's Office
Page 18-75
TITLE 18 — ZONING
DISTRICT -BASED STANDARDS
18.28.040 Districts
A. Five Districts are hereby established within the Tukwila
Urban Center in the specific locations and with the specific names
indicated in the District Map (Figure 18-16).
Figure 18-16: District Map
Districts
Commercial Corridor
Pond
Regional Center
Transit Oriented Development
Workplace
••• Southcenter Plan Boundary-
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Produced by the City of Tukwila, City Clerk's Office
Page 18-771 1
TITLE 18 - ZONING
B. Districts - Purpose.
1. TUC -RC, Regional Center. -_The area in the vicinity
of Westfield Southcenter Mall, with easy access to the bus Transit
Center, is intended to provide an area that will continue to infill and
intensify with more retail, services, and entertainment uses
southward toward Strander Boulevard and eastward across
Andover Park West.- Over the long term, infill development on the
high -value property of the Mall may continue the transition from
surface parking to structured parking, and may be increasingly
characterized by mid -rise or high-rise building components built
over the retail base.
2. TUC-TOD, Transit Oriented Development (TOD)
Neighborhood.- The area extending from the bus transit center
on Andover Park West eastward towards the Sounder commuter
rail/Amtrak station is intended to provide a more compact and
vibrant mix of housing, office, lodging and supportive retail and
service uses. -_Parking will be accommodated by a combination of
off- and on -street parking spaces/lots. =The overall structure of the
TOD Neighborhood will be characterized by moderate
development intensities and building heights. —_A fine-grained
network of streets with pedestrian amenities will increase the
walkability of the area.
3. TUC-P, Pond District. -_The northern edge of the
Pond District is intended to provide an area of higher -density
mixed -use development over retail, restaurants and services,
oriented towards the Pond and a paved waterfront esplanade.
Maximum building heights will be lower than in the adjacent
Regional Center District, to provide sunlight to and views of the
Pond. -_The eastern, western, and southern edges of the Pond will
be characterized by a more natural park environment. -_Buildings
will be separated from the Pond by streets on the eastern and
southern edges, and stepped down in height toward the water to
preserve views. -_Ground floors on these edges will range from
office to support services and retail uses, with more private uses
like residential above.
4. TUC -CC, Commercial Corridor District.
Southcenter Parkway will continue to feature auto -oriented retail
and services in a manner similar to the existing patterns of
development in that area.
5. TUC-WP, Workplace District. -_The large southern
portion of the plan area will continue to provide a wide range of
distribution, warehousing, light industrial, "big box" retail, and
furniture outlets, with incremental infill by office and other
complementary commercial uses. -_Residential uses may front the
Green River.
C. The scale and pattern of all development shall be
governed by the standards and regulations for the applicable
District.
{Ord. 2443 §5, 2014)
18.28.050 District Land Uses
For permitted uses of a building or site, see Table 18-2, "Land
Uses Allowed by District."
1. All Districts appear in the top row of the table.
2. The uses are organized by category and if allowed in
a District are listed as either Permitted (P), Accessory (A),
Conditional (C), or Unclassified Use Permit (UUP).
3. All permitted uses for a single district are allowed
either alone or in combination with any other permitted uses within
a parcel.
4. Other uses not specifically listed in this title are
permitted should the Director determine them to be similar in
nature to and compatible with other uses permitted outright within
a District, consistent with the stated purpose of the District, and
consistent with the policies of the Southcenter Plan.
(Ord-2443 §6 2044
1-8
18.28.060 District Standards
For the scale and configuration of the built environment, see
Table 18-3, "District Standards."
1. All Districts appear in the top row of the table.
2. The primary regulations are listed in the left -most
column of the table in the order that they appear in the text.
3. The development standards that apply to each
District can be reviewed by cross referencing a regulation with a
District.
4. More detailed information about the regulations and
guidelines that apply to each District can be reviewed in the
Tukwila Municipal Code section referenced in the row sub-
headings. _These regulations are set forth to ensure that the height
and setbacks of new buildings and the scale of new blocks and
streets are consistent with the purpose of each Southcenter
District.
{Ord. 2443 §7, 2014)
1-8
18.28.070 Structure Height
A. The minimum and maximum height of a structure shall be
as specified by District or modified by a special height overlay.
See Table 3, "District Standards."
1. Structures oriented to Baker Boulevard shall have an
average height at least as high as the minimum listed in Table 18-
3, "District Standards."
B. Pond Edge Height Limit.
1. Development located within 150 feet of the edge of
Tukwila Pond is not eligible for incentive height increases.
2. The maximum height in this location shall be as
specified by District.
C. Public Frontage Improvement Height Incentive.
1. As an incentive to provide public frontage
improvements and/or new streets that are not otherwise required
under this code, allowable structure heights may be increased to
Pr2epEced by the City of Tukwila, City Clerk's Office
Page 18-77
TITLE 18 - ZONING
the limits as specified for each District as shown in Table 18-3,
"District Standards," when:
a. Developers construct public frontage
improvements along their parcel frontages on existing streets,
constructed to the standards of this code; or
b. Developers construct new 20 foot wide half
streets with one side of public frontage improvements, constructed
to the standards of this code; or
c. The existing sidewalk width and configuration
along a parcel's frontage meets or exceeds the public frontage
standard and, when averaged, the landscape width and street tree
spacing meet the required public frontage standard. —_Additional
sidewalk width may substitute for an equal area of landscaping.
d. In order to take advantage of this incentive, the
public frontage improvements must start and stop at property
boundaries, intersections or traffic signals and transition safely to
neighboring conditions.
2. The public frontage height incentive will be applied
proportionally to parcels with more than one frontage based on the
following:
a. Each frontage will be evaluated separately based
on its Corridor Type's public frontage standards.
b. The height bonus will be applied to a percentage
of the total building footprint(s) on site based on the percentage of
the parcel's total public frontage that, when averaged, meets the
public frontage standard. —_For example, when averaged, if one of
a parcel's two similar length frontages meets the corridor's public
frontage standard, then 50% of the total building footprint on site is
eligible for the height incentive.
D. Multi -Family Height Incentive.
1. As an incentive to construct residential dwelling units,
allowable structure heights may be increased to the limits specified
in Table 18-3, "District Standards."
2. Structures may be completely residential or mixed
use, with residential uses comprising at least half of the occupied
floor area of the building.
E. Structures qualify for increased height as set forth in
Table 18-3, "District Standards," when integrating any of the
following combination of height incentives:
1. In the TUC-TOD District, allowable structure heights
may be increased to 115 feet for developments that meet both the
frontal improvement and multi -family height incentive
requirements.
2. In the TUC-TOD District, allowable structure heights
may be increased to 115 feet for developments that achieve a
LEED certification of silver or higher and meet either the frontal
improvement or multi -family height incentive requirements.
3. In the TUC-TOD District, allowable structure heights
may be increased to 115 feet for developments that meet the multi-
family height incentive requirements and make at least 20% of the
residential units affordable per the standards in WAC 365-196-870.
For rental units, affordability is set at 50% of the county median
family income, adjusted for family size. —_For owner -occupied units,
affordability is set at 80% of the county median family income,
adjusted for family size.
(Ord. 2443 §8, 2014)
Produced by the City of Tukwila, City Clerk's Office Page 18-113
TITLE 18 — ZONING
18.28.080 Maximum Block Face Length
A. Definition. -_Block face length is a measure of a length of
a block, in feet, from curb face to curb face of two intersecting and
publicly accessible streets (public or private).
See Figure 18-17 (below).
Figure 18-17: _Block face length
B. Regulation.
1. When required per TMC Section 18.28.030.B,
development sites (properties or assemblages of contiguous
properties) with a block face that exceeds the specified maximum
block face length standard must construct new publicly accessible
streets in locations that result in the creation of city blocks that do
not exceed the maximum block face length for that District.
2. For the purposes of determining block face length,
alleys are considered as part of the interior of a block.— For
development sites bounded by rivers or ponds, property lines along
the adjacent water body and pedestrian ways providing waterfront
access may qualify as defining the edge of a block. —_In no other
case shall pedestrian ways qualify as defining the edge of a block.
3. New streets must be designed, configured, and
located in accordance with TMC Section 18.28.140, "New Streets."
{Ord. 2443 §9, 2014)
18.28.090 Permitted Corridor Types for New Streets
New streets built to satisfy maximum block face requirements
or built voluntarily by a developer that are not shown on the
Corridor Type Map (Figure 18-19) shall be built as one of the
Corridor Types permitted in Table 18-3, "District Standards." -_See
TMC Section 18.28.140, "New Streets," for more details.
Figure 18-19: Corridor Type Map
Pr2erJced by the City of Tukwila, City Clerk's Office
Page 18-79
TITLE 18 - ZONING
Corridor
Commercial Gorncor
Freeway Frontage Corridor
—•�• Future Com m ercral Corridor
• Neighborhood Gomdor
• Future Neighborhood Garrido
•�••�, Pedeslnen Walkway
• Tukwia Pond Esplanade
Urban Corridor
Future Urban Corridor
Walkable Corridor
••• Future Walkable Corridor
Workplace Corridor
••-- Future Workplace Corridor
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Produced by the City of Tukwila, City Clerk's Office Page 18-8215
TITLE 18 — ZONING
18.28.100 Side and Rear Setbacks
A. The width of side and rear setbacks shall be as specified
by Table 18-3, "District Standards."
B. Front yard setbacks are specified by the Corridor
Standards (Figures 18-20 through 18-27).
(Ord. 2443 §11, 2014)
18.28.110 Side and Rear Yard Landscaping
Requirements
A. The width of side and rear yard landscaping shall be as
specified by Table 3, "District Standards."
B. Side and rear yard landscaping shall be designed, planted
and maintained as specified in TMC Section 18.28.230.B, "Side
and Rear Yard Landscape Types," and TMC Section 18.28.240,
"General Landscaping."
(Ord 2443 §12 2 14)
CORRIDOR -SPECIFIC STANDARDS
18.28.120 Corridors
A. Purpose. _To provide standards specific to a hierarchy of
corridors and to implement the vision for Southcenter as set forth
in the Subarea Plan.
B. A Corridor consists of the following elements (see figure
18-18 below):
Figure 18-18:-_Corridor Definition of Terms
{
CNIFJOOR
1. Street: -_Comprised of the thoroughfare and public
frontage.
a. Thoroughfare- Includes the moving and parking
lanes from curb face to curb face.
b. Public Frontage - The portion of a property
between the curb face and back of sidewalk, including the sidewalk
and any sidewalk landscaped areas. -_Public frontage is also
associated with pedestrian walkways and open spaces, such as
Tukwila Pond or the Green River.
2. Private Frontage. —_The portion of a property
between the back of sidewalk and the primary building facade
along the street, pedestrian walkway or open space, and portions
of all primary building facades up to the top of the first or second
floor, including building entrances, located along and oriented
toward the street, pedestrian walkway or open space.
C. Eight Corridor Types are hereby established in the
specific locations and with the specific names indicated in
Figure 18-19, "Corridor Type Map."
1. Walkable Corridors. -_To provide and support a
high -quality pedestrian realm for shopping and strolling along
active retail, eating and entertainment uses, with buildings pulled
up to the street and parking located to the side or rear, on
Southcenter's primary streets connecting the Mall, Tukwila Pond,
the Transit Center, and the Sounder Commuter Rail/Amtrak
Station. -_Sidewalks associated with these Corridors should be
wide and unobstructed to provide ample room for pedestrians to
walk, and, where appropriate, to encourage activities including
outdoor dining and locations for kiosks, food carts, and flower
stalls.
2. Pedestrian Walkways. -_The design and location of
this corridor is intended to supplement the existing and future street
network with non -motorized pathways; to support and foster an
alternative mode of travel to motorized vehicles within the area;
and to provide a safe, pleasant, and direct route for pedestrians
between significant activity areas (such as the Sounder Commuter
Rail/Amtrak Station and Baker Boulevard, and the Mall and Tukwila
Transit Center with Tukwila Pond Park). -_Pedestrian walkways
should be wide with amenities such as trees, planters, benches
and other street furniture. -_Buildings should be pulled up to the
edge of the corridor and designed to be pedestrian -friendly.
Where appropriate, uses such as kiosks, viewing areas, food carts
and flower stalls shall be encouraged along this corridor.
Walkways will be well -lit to create a safe night-time environment.
3. Tukwila Pond Esplanade. -_To provide a public
esplanade environment along the northern edge of Tukwila Pond
Park that functions as a focal point and central gathering spot for
the urban center, suitable for shopping or strolling. -_The esplanade
is intended to be integrated with adjoining retail and restaurant
activities, providing an active waterside promenade to augment the
shopping, eating and other uses in the vicinity.
4. Neighborhood Corridors. _To provide an
intimately -scaled pedestrian environment within northern
Southcenter's higher density mixed -use neighborhoods, in a
"complete streets" setting with on -street parking and bicycles
sharing the roadway with vehicles.
5. Urban Corridors. _To provide an attractive
streetscape along the crossroads in the urban center, which
provide greater capacity for transit and auto traffic, with modest
improvements for pedestrian safety.
6. Commercial Corridors. _To provide greater
capacity for vehicles, and attractive streetscapes along heavily
travelled roadways serving auto -oriented commercial uses, with
modest improvements for pedestrian safety.
Pr2e.4ied by the City of Tukwila, City Clerk's Office
Page 18-81
TITLE 18 — ZONING
7. Freeway Frontage Corridors. -_To provide heavily
travelled parkways oriented towards both the area's freeways and
Westfield Southcenter Mall, with modest improvements for
pedestrian safety.
8. Workplace Corridors. -_To provide streets serving
truck loading and parking access for primarily
warehouse/distribution uses in the southern part of the
Southcenter area, with modest improvements for pedestrian
safety.
(Ord. 2443 §13, 2014)
I-8
18.28.130 Corridor Regulations
A. This section contains regulations and guidelines for the
provision, design, and configuration of new and existing streets and
adjacent public and private frontage to ensure that these
components of a Corridor support the type of development desired
within each district, enhance the connectivity of the street network,
create safe and attractive streetscape environments, encourage
walking, and provide sufficient capacity and proper accessibility
and circulation as the area intensifies.
B. The form of all development along a street, primary open
space, or water body shall be governed by the standards and
regulations of the applicable Corridor Type. —_Corridor Type
establishes the following:
1. For existing streets: -_A specific configuration of the
public frontage.
2. For new streets: -_A specific configuration for the
thoroughfare and public frontage.
3. For existing and new streets: -_Specific private
frontage requirements.
4. For projects that trigger design review:
Architectural Design Standards.
C. Modifications. -_An applicant may propose modifications
to the Corridor standards. -_Modifications must be approved by the
Director as a Type 2 decision (TMC Chapter 18.104). The applicant
must show that the modified Corridor design:
1. Satisfies the urban design goals as stated in each
Corridor Type's purpose, requirements, and description;
2. Is designed to transition safely to the existing
conditions at either end; and
3. Enhances the streetscape of the site and adjacent
development.
D. Summary of Standards. _Figures 18-20 through 18-27
summarize the corridor regulations.-_TMC Sections 18.28.140
through 18.28.200 provide supporting details.
(Ord. 2443 §14, 2014)
18.28.140 New Streets
A. Purpose. -_New street regulations ensure the creation of
an appropriate sized network of blocks, streets and pedestrian
paths that will support the envisioned future development.
B. Regulations.
1. New streets shall be required when an individualized
assessment by the Director determines that the improvements are
reasonably necessary as a direct result of the proposed
development. -_New streets may also be provided voluntarily by a
developer, or constructed by the City.
2. All New Streets:
a. New streets shall be designed based on their
Corridor Type.
b. New street locations must meet safety and
spacing requirements, as approved by the Public Works Director.
c. New streets may be publicly or privately owned
and maintained, as approved by the Public Works Director.
d. New streets shall connect with existing streets
and be configured to allow for future extension whenever possible.
e. Permanent dead ends shall not be permitted,
unless the new street dead ends at a public access point to the
Green River.
f. In order to maintain the accessibility provided by
the block structure of the urban center, existing public streets or
alleys may not be closed permanently unless the closure is part of
the provision of a network of new streets that satisfies all street
regulations.
g. New alleys and passageways do not satisfy street
provision requirements.
h. New streets are encouraged to be located along
side property lines. These new streets may require coordination
with neighboring property owners in order to maximize the
continuity of the new street network.
i. As part of new street construction or sidewalk
improvements, landscaped areas within the street right-of-way
should be designed to be functional stormwater treatment facilities
where appropriate.
fOrd 244 RAF 7O14
Produced by the City of Tukwila, City Clerk's Office
Page 18-8217
TITLE 18 - ZONING
18.28.150 Public Frontage Standards
A. Regulations.
1. Public frontage standards establish a specific
configuration of improvements that match the configuration and
design of new and existing thoroughfares. -_See Figure 18-28 for
an example of public frontage.
Figure 18-28:-_Three examples of public frontages
4— Back of sidewalk Street tree
spacing.20-30'
H
15.0'
sidewalk
STREET
POND PROPERTY LINE
BACK OF SIDEWALK
25'
ESPIANDE
IBACK OF SIDEWALK/
20' - 30'
PEDESTRIAN
WALKWAY
2. Installation of new public frontage improvements, if
required by TMC Section 18.28.030.B or constructed voluntarily,
shall be as specified by the Corridor Type's public frontage
standards (see Figures 18-20 through 18-27) along all parcel
frontages, except where the public frontage area already contains
the required features.
3. In instances where existing public frontage areas
already contain features that are sufficiently similar to those
required in the Plan, all or part of the required public frontage
requirements may be waived by the Director.
4. In instances where new streets are required or
constructed voluntarily —that is, in instances where there are no
existing public frontage conditions —the public frontage shall be
configured as specified by the Corridor Type's public frontage
standards. -_See Figures 18-20 through 18-27.
5. The exact location of the new back of sidewalk may
or may not coincide with the front property line. _As a result, newly
installed public frontage improvements may be partially located on
private property.
6. Along Tukwila Pond, all public frontage
improvements are measured from the pond property line.
7. Each block shall have no more than 40% of the same
species of large, open -habit deciduous trees. _To provide optimum
canopy cover for the streetscape, each block shall be planted with
deciduous trees at intervals set forth in the Corridor Standards
(Figures 18-20 through 18-27).-_Spacing shall be a function of
mature crown spread, and may vary widely between species or
cultivars.-_The trees shall have a minimum branching width of 8
feet within 5 years and when mature shall be large broad canopy
species selected from the City's recommended street tree list
established for each corridor.
8. Pedestrian -scale decorative street lighting shall be
installed with a maximum spacing consistent with
recommendations of the Illuminating Engineering Society of
America (IES).-_The light source shall be located 12 to 14 feet
above finished grade. —_Where vehicular lights are needed,
vehicular lighting height and location should be consistent with IES
recommendations.
9. Where appropriate, special paving patterns should
be used to emphasize the pedestrian realm within the public
frontage. -_The sidewalk shall include a 1 foot wide paved auto
passenger landing located along the curb where on -street parking
is present.
10. Street furnishings such as benches and trash
receptacles shall be provided where appropriate.
B. Exceptions.
1. In instances where installation of required public
frontage improvements as part of on -site construction are found to
be impractical —for example in instances where the private
frontage is particularly narrow or fragmented —the property owner
may pay an in -lieu fee covering the construction cost to install the
required public frontage improvements when they can be
combined with those on adjacent properties or as part of a City -
sponsored street improvement program with the approval of the
Director.
2. When public frontage improvements are triggered by
development on a portion of a larger site and the cost of the public
frontage improvements is disproportionate to the triggering work,
the Director will determine the degree of compliance.
(Ord. 2443 §16, 2014)
Pr2e.4&ed by the City of Tukwila, City Clerk's Office
Page 18-83
TITLE 18 — ZONING
18.28.160 Building Orientation to Street/Open Space
A. Intent.— The building orientation to street provisions are
intended to implement the vision for Southcenter by creating a
network of "complete streets" and corridors that provide pedestrian
comfort, bicycle safety, and automobile movement according to
their location and necessary function in the overall area. —_The
provisions herein include a hierarchy of street or "corridor" types
ranging from vibrant and activated shopping and dining frontages
(Walkable Corridors) to the Workplace Corridors, which
accommodate significant truck traffic and support
warehouse/distribution uses. —_The design provisions intend to
physically enclose the street or pedestrian corridor to create the
sense of an outdoor room with connections across the street to the
extent appropriate for the particular street or corridor type. —_This is
accomplished by locating buildings close to the street and
containing visible pedestrian entries directly accessible from the
street, with parking areas predominately located to the side or rear
of buildings along most corridors.
B. Regulation.
1. Building orientation is required or not required, as
specified by Corridor Type (see Figures 18-20 through 18-27.
2. A building is oriented to a street or open space
(Figure 29) if the building has a primary public entrance that opens
directly on to or facing new or existing streets or open space,
excluding alleys. _See Section 7 of the Southcenter Design Manual
for additional standards and guidelines for entrances.
Figure 18-29: Example of a building oriented to the street
Direct pedestrian
entries into building
from sidewalk
Street
Vehicular access to the
side of building with
parking to the side, rear,
and/or under/within
building
3. Where building orientation to streets/open spaces is
required for the applicable Corridor Type, weather protection at
least 6 feet in width along at least 75 percent of the fagade must
be provided (see Figures 18-30 and 18-31).—_See Section 14 of
the Southcenter Design Manual for additional standards and
guidelines for weather protection.
Figure 18-30: _Example of features on a building oriented to street
Weather protection: Entry:
At least 6' deep / facing street
W indows/
transparency:
At least 75%
of facade
between 24"
and 10'
Figure 18-31: Examples of building orientation to streets / open
space treatments
Produced by the City of Tukwila, City Clerk's Office Page 18-8819
TITLE 18 — ZONING
4. Parking structures, garages, and accessory buildings
are permitted and encouraged to be located along alleys in lieu of
streets or open spaces. —_Those portions of parking structures,
garages, and accessory buildings that are within 185 feet of the
street are subject to applicable Corridor Standards (see Figures
18-20 through 18-27.
C. Corner Parcels. _New buildings located at the
intersection of two or more Corridors where building orientation is
required shall have an entrance(s) oriented towards at least one
Corridor to be determined by the developer.
(Ord. 2443 §17, 2014)
1-8
18.28.170 Frontage Building Coverage
A. Regulations.
1. Frontage building coverage is the percentage of the
length of the street frontage that is occupied by a primary building
fa9ade(s) excluding any side yard setbacks
(Figure 18-32).
Figure 18-32: _Frontage Building Coverage
FRONT STREET
II
BACK OF SIDEWALK
MIN_ FRONT YARD SETBACK
MAX. FRONT YARD SETBACK
FRONTAGE
COVERAGE
ZONE
jA/.
FRONTAGE X
X 100
COVERAGE = 7-
(%)
2. Minimum building frontage coverage percentages
are required by the Walkable Corridor and Tukwila Pond
Esplanade Corridor Types (see frontage building coverage
minimum in Figures 18-20 and 18-22).
3. Where required, all new development shall include
buildings sited such that minimum frontage building coverage
requirements are met.
B. Exceptions.
1. In order to provide vehicular access to parking areas
in the interior or at the rear of a parcel if no other access is
available, vehicular breezeways may count toward frontage
coverage requirements.
a. A vehicular breezeway is a covered driveway
penetrating the building.
b. The width of a vehicular breezeway shall not
exceed the width of the curb cut plus the width of an adjacent
pedestrian sidewalk.
c. In order to connect the public sidewalk with active
open spaces, courtyards, parking areas, and alleys in the interior
or at the rear of a parcel, pedestrian passages designed to the
standards in the Open Space Regulations, TMC Section
18.28.250.E.2.j, may count toward frontage coverage
requirements.
(Ord. 2443 §18, 2014)
18.28.180 Front Yard
A. Setback.
1. The minimum and/or maximum required front yard
setback shall be as specified in the applicable Corridor Standards.
See Figures 18-20 through 18-27.
2. Setbacks for the Walkable Corridor may be increased
to allow for additional pedestrian space (see Figure 18-33)
between the sidewalk and the building.
Figure 18-33: Example of exceeding maximum building setbacks to
provide pedestrian space
B.
Landscaping.
1. The minimum required landscaping shall be as
specified in the applicable Corridor Standards.
See Figures 18-20 through 18-27.
2. Front yard landscaping shall be designed, planted
and maintained as specified in TMC Section 18.28.230.A, "Front
Yard Landscape Types," and TMC Section 18.28.240, "General
Landscaping."
3. Front yard landscaping requirements shall be waived
if the public frontage improvements are built to the required
standard. —_Exceptions: perimeter parking lot landscaping (see
TMC Section 18.28.240.B.6) and blank wall screening standards
(see Section 15 of the Southcenter Design Manual) still apply,
where applicable.
{Ord. 2443 §19, 2014)
PrQed by the City of Tukwila, City Clerk's Office
Page 18-85
TITLE 18 — ZONING
18.28.190 On -Site Surface Parking Location
A. Permitted Locations.— The permitted on -site surface
parking locations on a parcel shall be as specified in the applicable
Corridor Standards (Figures 18-20 through 18-27).—_See TMC
Sections 18.28.260 and 18.28.270 for additional parking
regulations and guidelines.
B. On Site Parking Types.
1. Parking areas shall be designed as one of the
parking types defined in this section. —_A property's permitted
parking types shall be as specified by Corridor Type. —_For all
parking types, parking shall be connected with the street by a
driveway as stated in TMC Section 18.28.260.C., "Vehicular
Access."
2. Surface Parking Lot— Front.
a. Definition: —_A parking lot that is located between
a building and the primary street fronting a development (Figure
18-34).
Figure 18-34: Surface Parking - Front
3. Street Front Parking:
a. This regulates the width of a front parking area
allowed between a building and the closest street (Figure 18-35).
Figure 18-35: Examples of Street Front Parking
b. For new construction the maximum width of street
front parking is regulated by Corridor Type. —_(See Figures 18-20
through 18-27.)
c. This standard does not apply when adding on to
an existing building, constructing a parking garage or where there
is an existing structure at least as wide as the proposed structure
between the new construction and the closest street.
d. For buildings with complex shapes, the section of
the building meeting the criteria must be at least 80 percent of the
overall width of the building, measured parallel to the primary
street.
Produced by the City of Tukwila, City Clerk's Office
Page 18-8821
TITLE 18 - ZONING
4. Surface Parking Lot — Side.
a. Definition: _A parking lot that is located in part or
entirely along the side of a building, in a side yard, and fully or
partially extends toward, but does not encroach into, the front yard
setback area. —_Parking located between a building and a side
property line that is directly visible from a street.
(Figure 18-36).
Figure 18-36: Examples of Surface Parking — Side
digs JONI*
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IMEMMEMMEMMEMMMI
IMMEMMEMMEMMEMMI
IMMEMMEMMEMMEMMO
IMMMEMMEMEMMEMMI
IMMOIMMEMMEMMIMMMI
IMMEMMEMMEMMEMMI
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IMMMEMEMMEMMEMMI
IMMEMMEMMEMMEMMI
IMMEMMEMMEMMEMMI
IMMEMMEMMEMMEMMI
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IMMEMMEMMEMMEMMI
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..............r
.............r
Street
5. Surface Parking Lot — Rear.
a. Definition: —_A parking lot where a building(s) is
located between the entire parking lot and the street so that it is not
directly visible from a street. —_A rear parking lot does not extend
beyond the rear wall of the primary building into any side yard
setback, except where driveway access is provided.
(Figure 18-37).
Figure 18-37: Surface Parking — Rear
Imo.
6. Parking Structure.
a. Parking structures may stand alone or be
integrated into a building.
b. Parking structures are permitted in all Districts.
c. Those portions of parking structures that are
within 185 feet of the street are subject to applicable Corridor Type
standards.
(Ord. 2443 §20, 2014)
Pr2ced by the City of Tukwila, City Clerk's Office
Page 18-87
TITLE 18 — ZONING
18.28.200 Architectural Design Standards
A. Applicability and definitions (see Figure 18-38).
Figure 18-38: _Example of vertical modulation and horizontal
modulation
Horizontal modulation (upper level stepback)
Vertical modulation
1. Architectural design regulations control the minimum
required facade articulation and transparency, and are determined
by Corridor Type as shown in the Corridor Standards. —_See
Figures 18-20 through 18-27.
2. Street Facade._The architectural design regulations
apply to the plane of a facade that fronts upon a street, extending
from the ground up to the street facade eave line.
3. Articulation. —_The giving of emphasis to
architectural elements that create a complementary pattern of
rhythm, dividing large buildings into smaller identifiable pieces.
4. Modulation. —_The stepping back or projecting
forward of portions of a building face, as a means of the building
function and/or breaking up the apparent bulk of a structure's
continuous exterior walls.
B. Facade Articulation Regulations.
1. Intent._The objective of this section is to ensure that
the length of new or renovated building facades maintain the
desired human scale and urban character appropriate for the
Southcenter area.
2. Facade Articulation Increment - Requirements.
The maximum increment shall be as specified by Corridor Type
and ground level use. -_When a notch or pilaster/pier is used for the
massing element, measurement of the vertical increment shall be
from centerline to centerline of elements (see Figures 18-39 and
18-40). _See the Southcenter Design Manual, Section 10, "Building
Massing," A. and B., Facade Articulation, for techniques to achieve
this standard.
Figure 18-39: Facade articulation example for a mixed -use
building
Articulation
Increment
1 iiI$ft'
111= amp rim i,it1IM'V
to of
Entries and fenestration pattern
Canopies
Vertical piers
Figure 18-40: Example of articulating facade of a residential
building
30' max. }
30' max.
30' max.
111111111"" "911IIIII%\V%
11 11 11 _ii- inns
Emu
11 11 11 J
Produced by the City of Tukwila, City Clerk's Office
Page 18-8223
TITLE 18 — ZONING
3. Major Vertical Modulation Increment —
Requirements._The maximum increment shall be as specified by
Corridor Type. —_See Figure 18-41 for an example, and the
Southcenter Design Manual, Section 10, "Building Massing," C.,
Major Vertical Modulation Increment, for techniques to achieve this
standard.
Figure 18-41: Major Vertical Modulation Example
Major vertical
modulation
Facade
articulation
increments
4. Side and rear facades. =While there are no specific
requirements for side or rear facades they should continue the
design vocabulary used on the other sides of the building.
C. Ground Level Transparency Regulations.
1. Intent. —_The objective is to promote a hierarchy of
vibrant and activated streets in the Southcenter area. _Transparent
windows and doors add visual interest to the street for pedestrians,
help to promote commercial uses within the building, and enhance
the safety of streets by allowing visibility towards the street by
building users.
2. A minimum transparency percentage for the area
between the height of 2 and 10 feet along the length of a building
facade (Figures 18-42 and 18-43) that faces the applicable
Corridor is listed in Figures 18-20 through 18-27.
Figure 18-42: Ground level transparency requirements apply to the
transparency percentage for the area between the height of 2 and
10 feet along the length of a building facade
Figure 18-43: Examples of percentage of transparency between 2
and 10 feet along the length of a building fagade
MATTRESS - -
j DISCOUNTERS
� � a o� ..E
75% Transparency
50% Transparency
Pr2Ouced by the City of Tukwila, City Clerk's Office
Page 18-89
TITLE 18 - ZONING
3. A minimum 3 foot zone behind the window glazing
must provide an unobstructed view of the establishment's goods or
services. -_Display areas separated from the interior of the space
may be used to meet this requirement if they have a depth of at
least 3 feet and contain displays that are regularly updated (see
Figure 18-44).
Figure 18-44: Display window example
This example meets the display window criteria:
This example does not meet the display window criteria:
4. Darkly tinted glass, mirrored glass, and glass
covered by screening sheets, white, or UV protection film shall not
meet transparency requirements.
5. On sites where all sides of a building are subject to
Corridor Standards per TMC Section 18.28.020.B.4.a., ground
level transparency may be waived for the facade facing the least
travelled Corridor.
(Ord. 2443 §21, 2014)
18.28.210 Front Yard Encroachments
Building overhangs such as trellises, canopies, awnings and
freestanding covered walkways may extend horizontally into the
public frontage up to a maximum of 6 feet and no closer than 8 feet
from the back of curb.- These overhangs must provide a minimum
of 8 feet clear height above sidewalk grade and not interfere with
street trees (see Figure 18-45).
Figure 18-45: Encroachment provisions for building overhangs or
weather protection features
Property
Line
(0rd 2443 R 2 O4
SUPPLEMENTAL DEVELOPMENT STANDARDS
18.28.220 Special Corner Feature
A. Special corner features are permitted by District as shown
in Table 18-3, "District Standards."
B. A special corner feature is a distinctive building element
used to emphasize the corner of a building at an important
intersection. —_See the Southcenter Design Manual, Section 9,
"Corner Treatments," for additional guidance.
C. Special corner feature masses may encroach up to 2 feet
into the required setback areas but may not encroach into the
public right -of -way. —_See TMC Section 18.28.210, "Front Yard
Encroachments."
D. Special corner features may exceed the permitted height
limit by 20 feet, up to a maximum of 115 feet.
(Ord. 2443 §23, 2014)
Produced by the City of Tukwila, City Clerk's Office
Page 18-9225
TITLE 18 — ZONING
18.28.230 Landscaping Types
A. Front Yard Landscaping Types.
1. Frontage Improvements per Corridor Type.
a. When public frontage is constructed to meet the
Corridor standard, any other front yard landscaping requirement
shall be waived. —_Exceptions: —_perimeter parking lot landscaping
(see TMC Section 18.28.240.B.6) and blank wall screening
standards (see Section 15 of the Southcenter Design Manual) still
apply, where applicable. —_To qualify for the waiver, public frontage
improvements must be made along the entire street fronting the
parcel. —_Public frontage improvements may continue into a
courtyard or plaza.
b. For Corridor Types that contain a planting strip
(Urban, Commercial, Freeway Frontage and Workplace), minimum
plantings shall consist of:
(1) Trees at the spacing listed per Corridor
Type.
(2) 1 shrub per 4 linear feet of frontage,
excluding curb cuts, or a planted berm at least 24 inches high.
(3) Sufficient live groundcovers of varying
heights, colors and textures to cover, within 3 years, 100% of the
landscape area not needed for trees and shrubs.—_Groundcover
must be planted with a minimum spacing of 12 inches on center for
4-inch pots and 18 inches on center for 1-gallon pots. —_If grass is
being used as the groundcover, a 3-foot diameter ring of bark
mulch is required around each tree.
2. Paved / Sidewalk Extension.
a. Provide paved pedestrian areas along the back of
sidewalk, such as plazas or courtyards that enhance/enlarge the
public frontage.
b. Only permitted on parcels where the public
frontage improvements meet the Corridor Standards in this code.
c. Must meet applicable pedestrian space design
requirements (see TMC Section 18.28.250.E.).
3. Streetscape.
a. Cover front yards with landscaped, pervious
surfaces that visually soften and enhance the built environment.
b. Provide pathways connecting the public sidewalk
to the front door through parking areas.
c. 1 tree per 500 square feet of landscaped setback
area or 1 tree per 20 to 30 linear feet of frontage (depending on
tree species and location of underground or at -ground utilities and
excluding curb cuts), whichever results in more trees.
d. Where there are existing street trees, the
additional trees required by this section shall be planted behind the
sidewalk in an informal pattern and consist of a mix of deciduous
and evergreens.
e. Minimum 1 shrub per 4 linear feet of frontage,
excluding curb cuts, or a planted berm at least 24 inches high.
f. Sufficient live groundcovers of varying heights,
colors and textures to cover, within 3 years, 100% of the landscape
area not needed for trees and shrubs.—_Groundcover shall be
planted with a minimum spacing of 12 inches on center for 4-inch
pots and 18 inches on center for 1-gallon pots. —_If grass is being
used as the groundcover, a 3-foot diameter ring of bark mulch is
required around each tree.
4. When there is an existing sidewalk that does not
meet the Corridor standard for public frontage and the sidewalk
remains in place, the required front yard landscaping width shall be
measured from the back of sidewalk or edge of right-of-way,
whichever is further from the road centerline.
B. Side and Rear Yard Landscape Types (see Figure 18-
46).
Figure 18-46: Illustrating the various side and rear yard treatment
standards and options
1. Heavy landscape screening
Property Line
3a. Shared pathway
Property Line
3c. Privacy fence
ma
Property Line
2. Moderate landscape screening
--Property Line
3b. Shared internal roadway
Property Line
3d. Other option - low hedge or
fence
Property Line
Pr2ed by the City of Tukwila, City Clerk's Office
Page 18-91
TITLE 18 — ZONING
1. Groundcover.
a. This is appropriate where the adjacent uses are
compatible and no screening is necessary.
b. Cover side and rear yards with landscaped,
pervious surfaces.- Landscaping treatment at a minimum shall
consist of sufficient live groundcovers of varying heights, colors
and textures to cover, within 3 years, 100% of the landscape area
not needed for trees and shrubs.-_Groundcover must be planted
with a minimum spacing of 12 inches on center for 4-inch pots and
18 inches on center for 1-gallon pots.- _If grass is being used as the
groundcover, a 3-foot diameter ring of bark mulch is required
around each tree.
2. Shared pathway along or adjacent to the property line
with landscaping. —_This is a desirable configuration that can
enhance pedestrian circulation and provides an efficient use of
space. —_This treatment requires a recorded agreement with
applicable adjacent property owner(s).
3. Shared internal drive along or adjacent to the
property line. -_This is a desirable configuration for non-residential
uses that can enhance circulation and provides an efficient use of
space.
4. Moderate Screening.
a. Provide light visual separation along property
lines between somewhat incompatible development.
b. Landscaping designed to screen parking/service
areas and blank side and rear building facades.
c. Landscaping that maintains views to building
entrances and signage.
d. 1 tree per 20 linear feet of property line (excluding
curb cuts) spaced regularly (except where there are conflicts with
utilities) and consisting of a mix of deciduous and evergreen trees
along the applicable property line.
e. 1 shrub per 4 linear feet of property line, excluding
curb cuts.
f. Sufficient live groundcovers of varying heights,
colors and textures to cover, within 3 years, 100% of the yard area
not needed for trees and shrubs.-_Groundcover must be planted
with a minimum spacing of 12 inches on center for 4-inch pots and
18 inches on center for 1-gallon pots.- _If grass is being used as the
groundcover, a 3-foot diameter ring of bark mulch is required
around each tree.
5. Heavy Screening.
a. Provide heavy visual separation along property
lines between highly incompatible development, such as
warehousing and residential uses.
b. Landscaping designed to screen parking/service
areas and blank side and rear building facades.
c. 1 tree per 20 linear feet of property line (excluding
curb cuts) spaced regularly (except where there are conflicts with
utilities) and consisting of at least 50% conifers along the
applicable property line (75% along property line adjacent to
residential uses).
d. Privacy screening utilizing evergreen shrubs,
screening walls or fences (up to 7 feet tall) is allowed.
e. Sufficient live groundcovers of varying heights,
colors and textures to cover, within 3 years, 100% of the yard area
not needed for trees and shrubs.-_Groundcover must be planted
with a minimum spacing of 12 inches on center for 4-inch pots and
18 inches on center for 1-gallon pots. -_If grass is being used as the
groundcover, a 3-foot diameter ring of bark mulch is required
around each tree.
(Ord. 2443 §24, 2014)
1-8
18.28.240 General Landscaping
A. The provisions herein are applicable to setbacks, public
frontage areas, open space, and other areas on -premises. -_These
regulations address plant materials and design, visibility, irrigation,
landscape plans, utility and service areas.
B. General Landscaping Requirements.
1. Plant Materials.
a. A mix of evergreen trees and evergreen shrubs
shall be used to screen blank walls.
b. All plant material shall meet the most recent
American Standards for Nursery Plant Stock (ANSI Z60.1).
c. Evergreen trees shall be a minimum of 6 feet in
height at time of planting.
d. Deciduous trees shall be a minimum 2.5 inch
caliper six inches off the ground when installed.
e. Shrubs shall be at least 18 inches in height at time
of planting.
f. Existing vegetation may be used to meet the
perimeter landscaping requirements.-_AII significant trees located
within any required perimeter landscape area that are not dead,
dying, or diseased and that do not pose a safety hazard as
determined by the City or a qualified arborist shall be retained and
protected during construction with temporary fencing or other
enclosure, as appropriate to the site.- The area designated for
protection will vary based on the tree's diameter, species, age, and
the characteristics of the planted area. -_Property owners may be
required to furnish a report by an International Society of Arborist
(ISA) certified arborist to document a tree's condition. _The Director
may require that an ISA certified arborist be retained to supervise
tree protection during construction. —_Grade changes around
existing trees are to be avoided whenever possible.
g. New plant materials shall include native species
or non-native species that are drought tolerant and have adapted
to the climatic conditions of the Puget Sound Region. -_There must
be a diversity of tree and shrub genus and species in the site
landscaping, taking into account species in existing development
around the site.
h. No species that are listed on the State or King
County noxious weed lists may be planted.
i. Plant materials shall be selected that reinforce the
landscape design concept, and are appropriate to their location in
terms of hardiness, tolerance to urban conditions, maintenance
needs and growth characteristics. -_Large and medium canopy tree
species are required, except where there is insufficient planting
Produced by the City of Tukwila, City Clerk's Office
Page 18-9227
TITLE 18 - ZONING
area (due to proximity to a building, street light, above ground or
underground utility line, etc.).
2. Visibility.
a. Design of new landscaping and maintenance of
existing landscaping shall consider Crime Prevention Through
Environmental Design (CPTED) principals and visibility for safety
and views. -_Appropriate plant species shall be specified to avoid
the need for excessive maintenance pruning. -_Trees along the
street frontages, as they mature, shall be limbed up to a minimum
height of 6 feet (8 feet where they extend over sidewalks) to allow
adequate visibility and clearance for vehicles. -_Trees may be
pruned to improve views of signage and entryways by using such
techniques as windowing, thinning, and limbing-up.-_However, no
more than 1/4 of the canopy may be removed within any 2-year
period, and the crown should be maintained to at least 2/3 the
height of the tree.-_AII pruning shall be done in accordance with
ANSI Standard A-300 specifications. -_Trees may not be topped for
any reason. -_Trees may only be pruned to lower their height to
prevent interference with an overhead utility or electrical line_, with
prior approval by the Director.
b. Landscaping shall not obstruct views from or into
the driveway, sidewalk or street.- Landscape design shall allow for
surveillance from streets and buildings and avoid creating areas
that might harbor criminal activity.
c. Landscaping at crosswalks and other locations
where vehicles and pedestrians intersect must not block
pedestrians' and drivers' views.
d. Evergreen shrubs and trees shall be used for
screening along rear property lines, around solid waste/recycling
areas and mechanical equipment, and to obscure grillwork and
fencing associated with subsurface parking garages.
3. Soil Preparation and Planting.
a. For trees and plants planted in sidewalks and
parking lots, or in limited areas of soil volume, structural soils
(Cornell University "CU" product or similar) must be used to a
preferred depth of 36 inches, to promote root growth and provide
structural support to the paved area. -_Minimum soil volumes for
tree roots shall be 750 square feet per tree (see specifications and
sample plans for CU-Structural Soils). -_Trees and other landscape
materials shall be planted per specifications in "CU Structural Soils
- A Comprehensive Guide" or using current BMPs subject to
administrative review and approval of the technical information
report (TIR.)-_Suspended pavement systems (Silva Cells or
similar) may also be used if approved.
b. For soil preparation in bioretention areas, existing
soils must be protected from compaction.-_Bioretention soil media
must be prepared in accordance with standard specifications of the
Surface Water Design Manual, adopted in accordance with TMC
Chapter 14.30, to promote a proper functioning bioretention
system. -_These specifications shall be adhered to regardless of
whether a stormwater permit is required from the City.
c. For all other plantings, soils must be prepared for
planting in accordance with specifications to restore soil moisture -
holding capacity in accordance with TMC Chapter 16.54, Grading,
regardless of whether a stormwater permit is required by the City.
d. The applicant will be required to schedule an
inspection by the City of the planting areas prior to planting to
ensure soils are properly prepared.
e. Installation of landscape plants must comply with
best management practices including:
(1) Planting holes that are the same depth as
the size of the root ball and 2 times wider than the size of the root
ball.
(2) Root balls of potted and balled and
burlapped (B&B) plants must be loosened and pruned as
necessary to ensure there are no encircling roots prior to planting.
At least the top 2/3 of burlap and all straps or wire baskets are to
be removed from B&B plants prior to planting.
(3) The top of the root flare, where the roots
and the trunk begin, should be about one inch from the surrounding
soil. -_The root ball shall not extend above the soil surface.
(4) If using mulch around trees and shrubs,
maintain at least a 3-inch mulch -free ring around the base of the
plant trunks and woody stems of shrubs. -_If using mulch around
groundcovers until they become established, mulch shall not be
placed over the crowns of perennial plants.
4. Irrigation.
a. The intent of this standard is to ensure that plants
will survive the critical establishment period when they are most
vulnerable due to lack of watering.
b. All required plantings must be served by a
permanent automatic irrigation system.
(1) Irrigation shall be designed to conserve
water by using the best practical management techniques
available.- These techniques may include, but not be limited to:
drip irrigation to minimize evaporation loss, moisture sensors to
prevent irrigation during rainy periods, automatic controllers to
insure proper duration of watering, sprinkler head selection and
spacing designed to minimize overspray, and separate zones for
turf and shrubs and for full sun exposure and shady areas to meet
watering needs of different sections of the landscape.
(2) Exceptions to the irrigation requirement
may be approved by the Director, such as xeriscaping (i.e., low
water usage plantings), plantings approved for low impact
development techniques, established indigenous plant material, or
landscapes where natural appearance is acceptable or desirable
to the City. -_However, those exceptions will require temporary
irrigation until established.
5. Landscape Plan Requirements.
a. A Washington State licensed landscape architect
shall prepare and stamp the landscape plans in accordance with
the standards herein.— Detailed plans for landscaping and
screening shall be submitted with plans for building and site
improvements. -included in the plans shall be type, quantity,
spacing and location of plants and materials; typical planting
details; and the location of irrigation systems. -_Underground and
Pr2ed by the City of Tukwila, City Clerk's Office
Page 18-93
TITLE 18 — ZONING
at -ground utilities shall be shown on the plans so that planting
conflicts are avoided.
b. Installation of the landscaping and screening shall
be completed and a Landscaping Declaration submitted by the
owner or owner's agent prior to issuance of the Certificate of
Occupancy. _If necessary due to weather conditions or
construction scheduling, the installation may be postponed to the
next planting season if approved by the Director and stated on the
building permit. _A performance assurance device equal to 150%
of the cost of the labor and materials must be provided to the City
before the deferral is approved.
6. Parking Lots.
a. Setback and Perimeter Landscaping:
(1) Surface parking lots shall set back a
minimum of five feet from any open space, building facade, or
Corridor back of sidewalk. —_The setback shall be designed and
planted with:
(a) 1 evergreen shrub per 4 linear feet of
property line, excluding curb cuts.
(b) Sufficient live groundcovers of varying
heights, colors and textures to cover, within 3 years, 100% of the
yard area not needed for trees and shrubs. =Groundcover must be
planted with a minimum spacing of 12 inches on center for 4-inch
pots and 18 inches on center for 1-gallon pots. -if turf grass is being
used as the groundcover, a 3-foot diameter ring of bark mulch is
required around any tree.
(2) Surface parking lots shall be buffered from
adjacent residential development with heavy screening in the side
and rear setback areas.
b. Interior Parking Lot Landscaping:
(1) For surface parking Tots adjacent to public
or private streets, a minimum of 20 square feet of interior parking
lot landscaping is required for each parking stall. -_In the Workplace
District, a minimum of 15 square feet per stall is required for
warehouse and Tight industrial uses.
(2) For surface parking lots located behind
buildings or otherwise screened from public or private streets or
public spaces, a minimum of 10 square feet of interior parking lot
landscaping is required for each parking stall.
(3) Flexibility is allowed for the layout of
parking Tots and landscaped areas, but the goal is to provide shade
from trees that are evenly distributed throughout the parking lot.
Planting trees in continuous, landscaped planting strips between
rows of parking is encouraged. —_This approach may also be
combined with surface water management design. —_For parking
lots adjacent to public or private streets, if landscape islands are
designed into the parking lot layout to divide continuous rows of
parking stalls, they must be placed at minimum spacing of every
10 parking spaces. -_For parking areas located behind buildings or
otherwise screened from public or private streets or public spaces,
if landscape islands are used, they shall be placed at a minimum
of one island every 15 parking stalls.
(4) Landscape islands must be a minimum of
6 feet wide and a minimum of 100 square feet in area.—_AII
landscaped areas must be protected from damage by vehicles
(curbs, tire stops, other techniques).
(5) Landscape islands shall be placed at the
ends of each row of parking to protect parked vehicles from turning
movements of other vehicles.
(6) A minimum of one large -canopy evergreen
or deciduous tree or two medium -canopy trees are required for
every 100 square feet of landscaped island, with the remaining
area to contain a combination of shrubs, living groundcover, and
mulch (see Figure 18-47).
Figure 18-47: A single tree planted with no other materials and little
room for viability is not acceptable.
7. Utility and Service Areas. —_Utility easements and
other similar areas between property lines and curbing shall be
landscaped and/or treated with dust and erosion control planting or
surfacing. —_Trees proposed under overhead transmission lines
shall be approved by the City on a case -by -case basis.
8. Street Trees in the Public Frontage.
a. Street tree spacing in the public frontage shall be
as specified in the applicable Corridor Standards. —_For smaller
stature trees (those with canopies at maturity of less than 20 feet),
spacing should be every 20 feet. -_For larger canopy trees, spacing
should be wider as appropriate to the mature spread of the tree.
Spacing will also need to consider sight vision distance at
intersections, driveway locations, and utility conflicts.
b. Street trees in the public frontage shall be planted
to at least the following spacing standards:
(1) At least 3.5 feet back from the face of the
curb and with an approved root barrier installed on the curb side.
(2) At least 5 feet from underground utility
lines.
(3) At least 10 feet from power poles.
(4) At least 7.5 feet from driveways.
(5) At least 3 feet from pad -mounted
transformers (except 10 feet in front for access).
(6) At least 4 feet from fire hydrants and
connections.
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Page 18-9129
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c. When used, tree grates and landscaped tree
wells shall be a minimum 36 square feet in size (6' x 6').-_Tree
grates are not encouraged, but when used grates must have easily
removable rings so that sections of grate can be removed
incrementally as the tree matures. -_Tree well size may be adjusted
to comply with ADA standards on narrower sidewalks. —_Root
barriers must be installed at curb face.— See TMC Section
18.28.240.B.3, "Soil Preparation and Planting," for structural soil
requirements.
d. Planting and lighting plans shall be coordinated
so that trees are not planted in locations where they would obstruct
existing or planned street or site lighting, while maintaining
appropriate spacing and allowing for their size and spread at
maturity.
9. Maintenance and Pruning.
a. Any landscaping required by this chapter shall be
retained and maintained by the property owner for the life of the
project in conformance with the intent of the approved landscape
plan and this chapter. —_Maintenance shall include keeping all
planting areas free of weeds and trash and replacing any unhealthy
or dead plant materials.
b. Pruning of trees is only allowed for the health of
the tree, to maintain sight distances or sight lines into commercial
areas, or if interfering with overhead utilities. -_All pruning must be
done in accordance with American National Standards Institute
(ANSI) A-300 specifications. -_No tree planted by a property owner
or the City to fulfill landscape requirements, or any existing tree,
may be topped or removed without prior approval from the City. -_If
a tree is topped or removed without approval, it shall be replaced
with a new tree that meets the intent of this chapter within 120 days
or the property owner will be subject to code enforcement and
penalties as prescribed in TMC Chapter 8.45 and the issuance of
a Notice of Violation in accordance with TMC Section 8.45.070.
Options at the Director's discretion are to require replacement of
the tree with a new tree of similar species that will achieve a similar
canopy size at maturity, replace the tree with multiple smaller
diameter trees of an appropriate species (only if there are
limitations on space or conflicts with utility infrastructure), and/or
require an in -lieu fee for off -site tree replacement.
C. General Landscaping Considerations.
1. Plant Materials.
a. Drought resistant species are encouraged in
order to minimize irrigation requirements, except where site
conditions within the required landscape areas ensure adequate
moisture for growth.
b. The mature size of selected tree species should
be suitable to lot size, the scale of adjacent structures, and the
proximity to utility lines.
c. In general, deciduous trees with open branching
structures are recommended to ensure visibility to retail
establishments. -_More substantial shade trees are recommended
in front of private residences.
d. All trees should be selected and located so they
will not obstruct views to showroom windows and building signage
as they mature.
e. Evergreen landscaping (Figure 18-48) is
appropriate for screening utility vaults, loading docks and some
storage areas. -_(Also see TMC Section 18.52.050 for screening
outdoor storage areas.)
Figure 18-48:-_Using evergreen landscaping to screen utilities
f. Species selection is very important in grouped
plantings (Figure 18-49).-_Drought tolerant species are strongly
recommended and monoculture plantings are discouraged. -_Low
maintenance cost and low replacement costs are two advantages
of planting drought tolerant species in grouped configurations.
Low (24-30 inches) shrubs, perennial or groundcover plantings that
provide a superior degree of separation between the sidewalk and
street at reduced maintenance costs may be used.
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Page 18-95
TITLE 18 — ZONING
Figure 18-49: Examples of landscaped tree wells
2. Design.
a. Shade trees should be planted to shade buildings'
east and west -facing windows to provide a balance between
summer cooling and winter heating through solar gain.
b. All landscaped areas should be designed to allow
aquifer filtration and minimize stormwater run-off utilizing bio-
swales, filtration strips, and bio-retention ponds where appropriate.
(Ord. 2625 §56, 2020; Ord. 2549 §22, 2017;
Ord. 2518 §9, 2016; Ord. 2443 §25, 2014)
18.28.250 Open Space Regulations
A. Purpose. —_This section contains regulations and
guidelines for the provision, design, and configuration of new open
spaces that may be publicly accessible. —_Open space regulations
are set forth to ensure that the provision, design, and configuration
of new open spaces contribute to the character of and support the
type of development desired within each District. —_Open space for
residential uses is also intended to promote the health of residents
by providing on -site open space for recreational activities, physical
exercise, and/or food production. —_Open spaces may consist of
pedestrian spaces for commercial uses, and common and private
open space for residential uses.
B. All new open spaces, whether or not they are required by
open space regulations, shall be designed and configured
according to the following regulations.
C. The following requirements for the provision and design
of pedestrian, common and private open spaces are organized by
Use Type. —_These regulations are established to ensure a wide
range of public spaces that complement the primary public streets
and open spaces in each District as the Southcenter area
intensifies.
D. General Open Space Regulations.
1. Open space requirements for commercial and
residential uses are as specified in Table 18-4, "Provision of Open
Space."
2. Compliance with the open space square footage ratio
listed in Table 18-4 is required for new construction, the area of
expansion of existing buildings and changes in use from one
category in Table 18-4 to another.
3. Open space for new or expanded commercial and
residential uses shall be built within the development by developers
at the time development occurs.
4. Options for provision of open space.
a. The square footage of all streets built per TMC
Section 18.28.140, "New Streets," may be counted toward meeting
the provision of open space requirements for pedestrian space.
They may not be used to satisfy common and/or private open
space requirements for residential uses.
b. The Director shall give credit for existing on -site
open space amenities that meet the requirements of this section
toward the open space square footage triggered by the new
construction or change of use.
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c. At the discretion of the Director, required
pedestrian space for commercial uses or residential common open
space may be constructed off -premises and/or as part of a larger
open space being provided by the City or other private
developments within that District or within 1,000 feet of the project
premises.
d. If strict compliance with these regulations would
create substantial practical difficulties for a site and none of the
above approaches would provide relief, the property owner may
apply for a Special Permission Modification and propose an
alternate solution that meets the intent of the regulations.
(1) Special Permission Modification shall be a
Type 2 decision.- An applicant shall submit evidence of the above
(subparagraph 18.28.250.D.4.d) to the Director, which could take
the form of a brief report and site plan that addresses the difficulties
of meeting the regulations, the proposed alternative solution, and
how the proposed solution meets the intent of the applicable open
space regulations.
(2) Applicants may request that up to 75
percent of their required pedestrian open space be provided
indoors.
E. Pedestrian Space for Commercial Uses.
1. Pedestrian spaces for commercial uses are publicly
accessible, outdoor, landscaped spaces used primarily for active
or passive community recreation and civic purposes. -_These may
include a linear green, square, plaza, courtyard, or pedestrian
passage. —_Play areas for children may be provided indoors or
outdoors. -_These spaces shall be privately owned and maintained,
including keeping the space free of trash and graffiti. -_Amenities
provided within the space, such as benches, planters, art and water
features, shall be maintained for the life of the project.
2. Pedestrian Space Design Requirements.
a. Ground level pedestrian spaces shall be
connected to public sidewalks and abut public rights -of -way on at
least one side.
b. Ground level pedestrian spaces shall be located
where they are visible and easily accessible to the public from
adjacent sidewalks and avoid masses of shrubs around edges.
The space shall not be more than 2 feet above or below the
adjacent sidewalk.
c. Pedestrian spaces shall be comprised of a
greater proportion of hardscape (paved areas, fountains, plants in
pots), than softscape (grass or other landscape material).
See Figure 18-50.
Figure 18-50: Examples of pedestrian spaces
d. Pedestrian spaces shall be publicly accessible
during the hours of operation of the use. Pedestrian spaces, except
for passages, shall be a minimum of 500 square feet or the
required amount of open space (whichever is less) in size, contain
seating areas, and open on to pedestrian generators such as
entrances to offices, stores, or restaurants.
e. Pedestrian spaces shall be located to take
advantage of sunlight to the greatest extent possible. _South -facing
plazas are generally preferred, unless particular lot configurations
prevent such orientation.
f. At least 3 feet of seating area (bench, ledge, etc.)
or one individual seat per 60 square feet of plaza area or open
space shall be provided. -_This provision may be relaxed or waived
where there are provisions for movable seating that meet the
purpose of the standard._See Section 4 of the Southcenter Design
Manual for guidelines on designing walls for seating.
g. Site design features that create entrapment areas
in locations with pedestrian activity shall be avoided.
h. Development shall incorporate Crime Prevention
Through Environmental Design (CPTED) principles into open
space site design.
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TITLE 18 — ZONING
i. Pedestrian spaces shall not be located adjacent
to dumpster enclosures, loading/service areas, or other
incompatible uses unless fully screened with an architecturally
consistent wall or solid fence (no chain link) and landscaping.
j. Pedestrian passage design requirements:
(1) A passage shall serve as a pedestrian
connector passing between buildings to provide shortcuts through
long blocks and access to rear parking areas or courtyards. —_(See
Figure 18-51.)
Figure18-51: _Examples of pedestrian passages
(2) Passages shall be paved and landscaped,
and specifically reserved for pedestrian travel.
(3) Passages shall be a minimum of 10 feet
and a maximum of 30 feet wide.
(4) The design of the passage shall encourage
pedestrian circulation. —_This can be accomplished by:
(a) Having the walkway meet the public
sidewalk in an engaging and identifiable manner.
(b) Providing pedestrian amenities such as
alternative paving methods, seating, and planters.
(c) Designing the passage using CPTED
principles.
(5) Incorporate design treatments to mitigate
impacts of any blank walls along the passageways (see Section 15
of the Southcenter Design Manual).
(6) For properties adjacent to fixed rail transit
or bus facilities, a passage may include transit station or bus stop
access.
(7) For properties adjacent to the Green River,
a passage may include a pedestrian connection between the
Green River Trail and a publicly accessible street/sidewalk.—The
passage should be established in an easement allowing for public
access through private property.
F. Common Open Space for Residential Uses.
1. Purpose:
a. To provide accessible, safe, convenient, and
usable common open space for residential uses;
b. To promote the health of residents by providing
access to common open space for recreational activities, physical
exercise, and/or food production; and
c. To create common open spaces that enhance the
residential setting.
2. Common open spaces are privately owned and
maintained interior common spaces, such as pools or exercise
rooms, and/or outdoor landscaped spaces, such as rooftop decks,
ground level open spaces, children's play areas, or other
multipurpose green spaces associated with multi -family
developments that provide for the recreational needs of the
residents of the development and are not publicly accessible.
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3. Common open space design requirements (see
Figure 18-52, and Section 5 of the Southcenter Design Manual, for
additional guidance).
Figure 18-52: Common open space examples
a. Required building setback areas shall not be
counted towards common open space.
b. No more than 50 percent of the required common
space may be indoor or covered space.
c. Common open spaces shall be easily visible and
readily accessible to multi -family residents.
d. The common open spaces for a site shall provide
at least one of the following amenities for every 200 square feet of
common open space up to a maximum requirement of three
amenities to accommodate a variety of ages and activities:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Site furnishings (tables, benches)
Picnic and/or barbecue areas
Patios, plazas, courtyards, or rooftop
terraces
Active play areas for children
Urban (private/individual) garden plots
Pool and/or hot tub
Multi -purpose room with cooking facilities
Exercise facility
e. Common open spaces shall not be less than 20
feet wide.
f. Courtyards shall be a minimum of 30 feet along
the east -west axis and 20 feet along the north -south axis.
g. Adequate fencing, plant screening or other buffer
shall separate the common open space area from parking areas,
driveways, utility areas, mechanical equipment or public streets.
Rooftop utilities shall be adequately screened and separated from
rooftop common open spaces.
h. Common open spaces shall be located to take
advantage of sunlight to the greatest extent possible.
i. Site design features that create entrapment areas
in locations with pedestrian activity shall be avoided.
j. Development shall incorporate Crime Prevention
Through Environmental Design (CPTED) principles into open
space site design.
k. Common open spaces shall not be located
adjacent to dumpster enclosures, loading/service areas, or other
incompatible uses, unless fully screened with an architecturally
consistent wall or solid fence (no chain link) and landscaping.
I. Interior located common space must be:
(1) Located in visible areas, such as near an
entrance lobby and near high traffic corridors.
(2) Designed to provide visibility from interior
pedestrian corridors and to the outside. _Windows should generally
occupy at least one-half of the perimeter of the space to make the
space inviting and encourage use.
(3) Designed to specifically serve interior
recreational functions and not merely leftover space used to meet
the common space requirement.
m. Common open spaces shall be maintained by the
property owner, including keeping the space free of trash and
graffiti. —_Amenities provided within the space, such as benches,
planters, art and water features, shall be maintained for the life of
the project.
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Page 18-99
TITLE 18 — ZONING
G. Private Open Space for Residential Uses.
1. Private open spaces are privately owned and
maintained and include outdoor balconies, decks, patios, yards,
courtyards, rooftop decks or gardens (Figure 18-53), or
landscaped areas used for recreation by inhabitants of a single
dwelling unit.
Figure 18-53: Rooftop Garden
2. Private open space design requirements.
a. Required setback areas shall not be counted
towards private open space provision requirements, unless
configured as a private yard and accessed by secondary unit
entrance(s).
b. Private open spaces shall have primary access
from the dwelling unit served.
c. Private yard landscaping shall be consistent with
"Side and Rear Yard Landscape Types" (TMC Section
18.28.230.B).
d. Access to a balcony or patio shall be limited to the
dwelling served.
{Ord. 2443 §26, 2014)
I-8
18.28.260 General Parking Requirements
A. This section contains regulations and guidelines for the
provision, locations, and design of parking. —_Parking regulations
are set forth to ensure that the provision of parking, and the design
and configuration of parking areas, contribute to the character of
and support the type of development desired within each District in
the urban center.
B. Number of Parking Spaces.
1. The minimum parking provision for vehicles required
by all new development and changes in use shall be as specified
in Table 18-5, "Provision of Parking." —_In the case of a use not
specifically mentioned in this table, the requirements for the
number of off-street parking spaces shall be determined by the
Director as a Type 2 Special Permission Decision. —_Such
determination shall be based on the requirements for the most
comparable use specified in this section or a parking study.
2. Any off-street parking area already in use or
established hereafter shall not be reduced below the ratios
required in Table 18-5. =Any change of use must meet the parking
requirements of the new use.
3. A maximum of 30% of the total off-street parking
stalls may be designed and designated for compact cars.
4. Electric vehicle charging stations and parking spaces
shall be governed by TMC Section 18.56.135.
5. Parking Reductions.
a. New on -street parking spaces provided along
adjacent new streets may be counted toward the minimum parking
requirement for commercial development on that property.
b. Parking requirements for commercial
development within 600 feet of the Sounder transit station or the
Tukwila bus Transit Center, or residential development within
1,320 feet of either station may be reduced or modified by the
Director as a Type 2 Special Permission Decision.— This distance
will be the walking distance measured from the lot line of the
development to the lot line of the station.
c. A reduction in minimum parking requirements
may be requested per TMC Section 18.56.140, "Administrative
Variance from Parking Standards."
d. Shared Parking: —_When two or more property
owners agree to enter into a shared parking agreement, the
setbacks and landscaping requirements on their common property
line(s) may be waived with that land used for parking, driveway
and/or building. —_The total number of spaces may be reduced if it
is demonstrated through a parking study that complementary uses,
internal trip capture or uses with different peak parking needs
justify the reduction in number.
e. All or part of a development's parking requirement
may be satisfied through payment of in -lieu fees based on the
current real cost of constructing a parking space in an exposed
above -ground parking structure, when approved by the Director.
C. Vehicular Access.
1. Curb Cuts and Driveways.
a. When access to parking facilities and loading
areas is provided from front or side streets, the maximum number
of curb cuts associated with a single development shall be one two-
lane curb cut or two one -lane curb cuts for each 500 linear feet of
street frontage. —_Shared driveways and new public or private
streets do not count against this total.
b. The maximum width of driveways/curb cuts is 15
feet for a one -lane and 30 feet for a two-lane driveway. —_In the
Workplace District, the maximum width of driveways/curb cuts is
35 feet.
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c. On Walkable and Neighborhood Corridors, the
curb cut design for driveways or private streets shall match the
height of the sidewalk to ensure that the sidewalk stays at a
consistent grade for pedestrians, with the apron dipping down to
meet the street level starting at the planting strip or tree wells (see
Figure 18-54).
Figure 18-54: Example of driveway level with the height of the
sidewalk
Driveway With Planting Strips
Planting strips allow the sidewalk to remain level
and in a continuous direction.
d. The total width of parking access openings on the
ground level of structured parking may not exceed 30 feet when
fronting on a public or private street.
e. Driveways shall be set back a minimum of five
feet from adjoining properties (unless the driveway is shared with
adjacent premises), and a minimum of three feet from adjacent
buildings.
f. If two adjoining properties combine their side
yards for the purposes of having a shared driveway, side yard
landscaping requirements along that property line will be waived.
g. Driveways may not be signalized. In order to be
considered for installation of a traffic signal, a new public or private
street must be constructed per the standards in TMC Section
18.28.140.
h. These standards may be varied by the Director
when there is a demonstrated conflict with truck maneuvering or
fire access that cannot be addressed otherwise.
D. Parking Lots.
1. Dimensions. -_Minimum parking area dimensions for
surface parking shall be as provided in TMC Chapter 18.56, Figure
18-6, "Off-street Parking Area Dimensions."
2. 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. Tandem parking spaces (where one car is parked
directly behind another) are allowed for residential units with two or
more bedrooms and both spaces must be assigned for the
exclusive use of that unit. All tandem parking spaces must be
designed for full size rather than compact size vehicles based on
the dimensions in TMC Chapter 18.56, Figure 18-6.
c. Turning and maneuvering space shall be located
entirely on private property (Figure 18-55) unless specifically
approved by the Public Works Director.
Figure 18-55.—Not enough room on -site to exit loading area,
resulting in disruption of traffic movements
d. 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%.
3. 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, 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. 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.
4. Setbacks, Perimeter, and Interior Landscaping.
a. Surface parking lots shall set back a minimum of
five feet from any back of sidewalk, open space, or building facade.
The setback shall be designed and planted as specified in TMC
Section 18.28.240.6.6.a.
b. See TMC Section 18.28.240.B.6.b for interior
parking lot landscaping requirements.
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Page 18-101
TITLE 18 — ZONING
5. Parking Lot Walkways.
a. A hard -surfaced walkway a minimum of 6 feet in
unobstructed width shall be provided for safe walking areas
through surface parking lots between main building entrances and
sidewalks adjacent to streets. —_Front surface parking lots shall
provide such routes at a maximum spacing of every 300 feet or to
each major building entrance, whichever is closer.
b. Walkways through parking areas (see Figure 18-
56) shall be separated from vehicular parking and travel lanes by
use of contrasting paving material, curbing, or landscaping and
may be raised above the vehicular pavement. —_Trees and
pedestrian -scaled lighting (maximum 15 feet in height) shall be
used to clearly define pedestrian walkways or other pedestrian
areas within the parking area.
Figure 18-56: Parking lot walkway standards and example
c. Pedestrian crossings are required when a
walkway crosses a paved area accessible to vehicles. —_Applicants
must continue the sidewalk pattern and material across internal
driveways.
6. Lighting and Safety. —_Parking and loading areas
shall include lighting capable of providing adequate illumination for
security and safety, provide clear views both to and within the site,
and be in scale with the height and use of the associated structure.
See also TMC Section 18.28.280.B, "Lighting."
E. Drive -Through Facilities.
1. Stacking lanes shall be located to the rear or least
visible portion of a building.
2. Stacking lanes shall be designed to accommodate
expected queuing.
F. Parking Structures.
1. Parking structures shall be located and designed to
minimize their impact on public streets and public spaces.
Consider using residential dwelling units, retail storefronts or office
space to line the ground level facades of parking structures
adjacent to a pedestrian -oriented street or open space.
2. Parking structures shall be buffered from adjacent
residential development with heavy screening (see TMC Section
18.28.230.6.5, "Heavy Screening").
3. See the Southcenter Design Manual (Section 16,
"Parking Structures") and the City of Tukwila's "Parking Structure
Design Guidelines" (2001) for additional requirements and
guidelines regulating parking structures, parking podiums, and
garages.
(Ord. 2443 §27, 2014)
18.28.270 General Parking Guidelines
A. Parking Lot Landscaping.
Note: See TMC Section 18.28.240.8.6 for standards for
perimeter and interior parking lot landscaping.
1. Trees in parking areas, when mature, should be large
and have a high -branching, broad -headed form to create maximum
shade.
2. Landscaping in parking lot interiors and at entries
should not obstruct a driver's clear sight lines to oncoming traffic.
3. Rooftop Parking Landscape Alternatives.
a. Landscape Planters.
(1) For a parking area on the top level of a
parking structure, one planter that is 30 inches deep and 5 feet
square should be provided for every 10 parking stalls on the top
level of the structure.
(2) Each planter should contain a small tree or
large shrub suited to the size of the container and the specific site
conditions, including desiccating winds.
(3) The planter should be clustered with other
planters near driving ramps or stairways to maximize visual effect.
(4) Only non-flammable mulch such as gravel
should be used.
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b. Rooftop Garden or Green Roof. _An on -site
rooftop area, equal in size to a minimum of 5 square feet of
landscaping per each top level parking stall, may be covered with
vegetation and soil, or a growing medium, planted over a
waterproofing membrane.
c. Terraced Planters. _Upper levels of parking
structures can be stepped back and incorporate irrigated terraced
planters, equal in size to a minimum of 5 square feet of landscaping
per each top level parking stall.
d. Green Wall. —_The fagade of the parking structure
may be trellised and planted with vines or have an irrigated green
wall system installed to provide a minimum of 5 square feet of
landscaping per each top level parking stall.
B. Loading Zones. —_Loading zones should be separated
from customer and occupant pedestrian areas.
C. Bicycle Parking.
1. General Standards.
a. Racks should be oriented to maximize their
efficiency and aligned to keep obstructions away from pedestrian
thoroughfares.
b. Clustered arrangements of racks should be set
back from walls or street furniture to allow bikes to be parked at
both ends or from either side.
c. Where more than one rack is installed, the
minimum separation between aisles should be 48 inches (the aisle
is measured from tip to tip of bike tires across the space between
racks). —_This provides enough space for one person to walk one
bike. —_In high traffic areas where many users park or retrieve bikes
at the same time, the recommended minimum aisle width is 72
inches.
d. Multiple buildings should be served by many
small racks in convenient locations rather than a combined, distant
rack area.
2. Short Term Parking.
a. Bicycle racks should be easy to find and located
no more than 50 feet from the entrance of destinations.— _If bicycle
parking is not easily visible from the street, a sign must be posted
indicating its location.
b. Racks should be located within sight of gathering
places or in busy pedestrian areas that provide constant, informal
surveillance of bikes and accessories.
c. Building overhangs, canopies or other features
should be used to provide weather protection.
3. Parking at the Workplace.
a. Secure bicycle storage areas should be used to
park bikes for a full working day.
b. Bike storage areas should be located in high
visibility areas close to elevators, stairs and entrances.
c. Bicycle parking should always be protected from
the elements either indoors, covered by building elements, or in a
separate shelter.
d. Bicycle storage areas should be located as close
or closer to elevators or entrances than the closest car parking
space, and no more than 200 feet from access points.
(Ord. 2443 §28, 2014)
Prpced by the City of Tukwila, City Clerk's Office Page 18-103
TITLE 18 — ZONING
18.28.280 Site Requirements
A. Pedestrian Circulation.
Note: —_For walkways through parking Tots, see TMC Section
18.28.260.D.5.
1. Redevelopment of a superblock site shall strive to
create a pedestrian -friendly environment within the internal layout
(see Figure 18-57).—_In addition to providing any required new
streets, this can be accomplished by defining a network of
pedestrian walkways that serve as a "grid", connecting these
walkways to uses with the site and to the larger street network, and
creating smaller parking areas in place of one large parking lot.
Figure 18-57: _Example of good internal pedestrian circulation.
Note connections from the street, between buildings and through
parking lots.
Pedestrian
access
routes
<IC)IIIII
4_10IIIII
2. Pedestrian access points shall be provided along
property edges at pedestrian arrival points and coordinated with
crosswalks, transit stops, trails and paths, and existing and
planned adjacent development.
3. Pedestrian paths must be provided across landscape
areas, where needed, to allow convenient pedestrian circulation
and prevent plants from being trampled and their roots compacted.
4. Walkways shall be provided along any building
featuring a customer or residential entrance, and along any facade
abutting a parking area (see Figure 18-58).
Figure 18-58:—Internal walkway standards and an example along
retail or mixed -use buildings
Street trees every 30'
Pedestrian
lighting
Total sidewalk width
5. In the Regional Center, TOD, and Pond Districts,
where a walkway crosses a driveway or a paved area accessible
to vehicles, the crosswalk shall be distinguished by the use of
durable low maintenance surface materials, such as pavers, bricks,
or scored concrete, to enhance pedestrian safety and comfort, as
well as the attractiveness of development. —_Pedestrian refuge
islands and "speed tables" may also be used to minimize curb cuts
and ramps (speed tables maintain the level of the adjacent
sidewalk at identified pedestrian crossings, reversing the situation
where a pedestrian must enter the zone of moving vehicles to cross
the street). —_These pedestrian features shall be designed to
accommodate fire lanes and emergency vehicle access routes.
6. The pedestrian marking style used shall be
consistent throughout the development.
B. Lighting (also see Section 3 of the Southcenter Design
Manual).
1. Safety.
a. Pedestrian -oriented areas, including building
entrances, walkways and paths, plazas, parking lots, and parking
structures shall be illuminated to increase safety and provide clear
views both to and within the site.
b. Pedestrian walkways where stairs, curbs, ramps,
and crosswalks occur shall be lit for nighttime safety.
2. Glare Prevention.
a. Where appropriate, exterior lighting practices
must follow the recommendations of the Illuminating Engineering
Society of North America (IES).
Produced by the City of Tukwila, City Clerk's Office
Page 18-1O 39
TITLE 18 — ZONING
b. New lighting fixtures shall be "dark sky" compliant,
i.e. emitted light should be directed downward from the horizontal
plane of the light source to preserve a dark sky and prevent
unnecessary light pollution. —_Exceptions may be made for uplit
trees and plants and exterior architectural lighting operated on
timers to shut off after midnight nightly.
c. Where feasible, new fixtures shall use a reflector
and/or a refractor system for efficient distribution of light and
reduction of glare.
d. House -side shields and internal reflector caps
shall be used to block light from illuminating residential windows.
3. Height.
a. The maximum mounting height for building -
mounted lights is 20 feet above finished grade in Workplace and
Corridor Commercial Districts and 14 feet above finished grade in
all other Districts.
b. The maximum height for pole -mounted lighting at
parking lots is 20 feet from grade to light source; lower heights
should be used wherever possible.
c. The maximum height for pole -mounted lighting at
pedestrian plazas, walkways, and entry areas is 12 to 14 feet in
height from grade to light source.
C. Walls and Fences (also see Section 4 of the Southcenter
Design Manual).
1. All fences shall be placed on the interior side of any
required perimeter landscaping.
2. Overall height of fences and walls located in the front
yard shall not exceed 3 feet.
3. Barbed-wire, razor -wire, and corrugated metal
fencing shall not be permitted. -_Chain link fencing is permitted only
within the Workplace District.
4. Screening walls shall not exceed a height of 7 feet.
D. Utility and Service Areas (also see Section 2 of the
Southcenter Design Manual).
1. Service areas shall be appropriately screened.
Garbage and recycling dumpsters visible from the public realm
shall be screened from view using durable materials that
complement the building, and incorporate landscaping integrated
with other on -premises and adjacent landscaping. _The opening to
the service area shall be located away from the public sidewalk.
2. Utility and equipment cabinets shall be placed in less
visible areas and screened, or located inside of a building.
3. Service equipment, including satellite receiving
dishes, transformers, and backflow devices, shall be located away
from streets and enclosed or screened from view by landscaping,
fencing or other architectural means.
4. Screening of on -site mechanical equipment shall be
integrated as part of a project's site and building design and shall
incorporate architectural styles, colors and other elements from the
roof and facade composition to carefully integrate screening
features. —_Picket fencing, chain -link fencing and exposed sheet
metal boxes are not permitted outside of the Workplace District.
Pr2r4wyed by the City of Tukwila, City Clerk's Office Page 18-105
TITLE 18 — ZONING
(Ore 2443 Rio 2n14i (Ord. 2368 §31, 2012; Ord. 2005 §10, 2002;
Ord. 1758 §1 (part), 1995)
CHAPTER 18.30
COMMERCIAL/LIGHT INDUSTRIAL
(C/LI) DISTRICT
Sections:
18.30.010 Purpose
18.30.020 Land Uses Allowed
18.30.060 On -Site Hazardous Substances
18.30.070 Design Review
18.30.080 Basic Development Standards
18.30.010 Purpose
This district implements the Commercial/Light Industrial
Comprehensive Plan designation. —_It is intended to provide for
areas characterized by a mix of commercial, office, or light
industrial uses. The standards are intended to promote viable and
attractive commercial and industrial areas.
{Ord. 1758 §1 (part), 1995)
1-8
18.30.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
fOrd-250-041-5,2046)
1-8
18.30.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
{Ord. 1758 §1 (part), 1995)
1-8
18.30.070 Design Review
Design review is required for:
1. ciNew developments within 300 feet of residential
districts„
2. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation., or for
3. dDevelopments larger than 1,500 square feet outside
the shoreline jurisdiction. _Commercial structures between 1,500
and 10,000 square feet will be reviewed administratively. _Design
review is also required for
4. oCertain exterior repairs, reconstructions, alterations
or improvements to buildings over 10,000 square feet.
(See TMC Chapter 18.60, Design Review Board of
Architectural Review.)
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Second front, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter-18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum 4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards:=Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC Chapter "Noise", and,
(3) adopted State and Federal standards for water quality and hazardous materials. -_In
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
Produced by the City of Tukwila, City Clerk's Office Page 18-10141
TITLE 18 — ZONING
18.30.080 Basic Development Standards
Development within the Commercial Light Industrial District
shall conform to the following listed and referenced standards:
C/LI BASIC DEVELOPMENT STANDARDS
(Ord. 2678 §32, 2022; Ord. 1872 §8, 1999; Ord. 1758 §1 (part), 1995)
CHAPTER 18.32
LIGHT INDUSTRIAL
(LI) DISTRICT
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum 4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable
floor area min.
• Office
3 per 1,000 sq. ft. usable
floor area min.
• Retail
2.5 per 1,000 sq. ft. usable
floor area min.
• Manufacturing
1 per 1,000 sq. ft. usable
floor area min.
• Other Uses
See TMC 18.56, off-street
Parking & Loading Regulations
Performance Standards:=Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puge Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise",
and, (3) adopted State and Federal standards for water quality and hazardous
materials. —_In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether
adverse environmental impacts have been adequately mitigated.
Sections:
18.32.010 Purpose
18.32.020 Land Uses Allowed
18.32.060 On -Site Hazardous Substances
18.32.070 Design Review
18.32.080 Basic Development Standards
18.32.010 Purpose
This district implements
Comprehensive Plan designation.
characterized by distributive and
supportive commercial and office u
the Light Industrial Use
—_It is intended to provide areas
light manufacturing uses, with
ses.
(Ord. 1758 §1 (part), 1995)
1-8
18.32.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 2500 §16, 2016)
PrrqEced by the City of Tukwila, City Clerk's Office Page 18-107
TITLE 18 — ZONING
1-8
18.32.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.32.070 Design Review
Administrative dDesign review is required for:
1. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation.
2. nNew developments within 300 feet of residential
districts.
(See TMC 18.60, Design Review)
(Ord. 2368 §34, 2012; Ord. 2005 §11, 2002;
Ord. 1758 §1 (part), 1995)
18.32.080 Basic Development Standards
Development within the Light Industrial District shall conform
to the following listed and referenced standards:
LI BASIC DEVELOPMENT STANDARDS
Produced by the City of Tukwila, City Clerk's Office
Page 18-10143
TITLE 18 — ZONING
CHAPTER 18.34
HEAVY INDUSTRIAL
(HI) DISTRICT
Sections:
18.34.010 Purpose
18.34.020 Land Uses Allowed
18.34.060 On -Site Hazardous Substances
18.34.070 Design Review
18.34.080 Basic Development Standards
18.34.010 Purpose
This district implements the Heavy Industrial Comprehensive
Plan designation.— _It is intended to provide areas characterized by
heavy or bulk manufacturing uses and distributive and light
manufacturing uses, with supportive commercial and office uses.
The development standards are the minimum necessary to assure
safe, functional, efficient, and environmentally sound development.
(Ord. 1758 §1 (part), 1995)
1-8
18.34.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 2500 §17, 2016)
1-8
18.34.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use.— On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.34.070 Design Review
Administrative dDesign review is required for:
1. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation.-r
2. aNew developments within 300 feet of residential
developments. Administrative design review is also required for
3. aNew developments that are outside the shoreline
jurisdiction and over 45 feet in height.
(See TMC 18.60, Design Review)
(Ord. 2368 §36, 2012; Ord. 2005 §12, 2002; Ord. 1793 §1, 1997;
Ord. 1758 §1 (part), 1995)
18.34.080 Basic Development Standards
Development within the Heavy Industrial District shall
conform to the following listed and referenced standards:
HI BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum 115 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor area
min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
(Ord. 2678 §34, 2022; Ord. 1872 §10, 1999; Ord. 1793 §2, 1997;
Ord. 1758 §1 (part), 1995)
Prrq.ced by the City of Tukwila, City Clerk's Office
Page 18-109
TITLE 18 — ZONING
CHAPTER 18.36
MANUFACTURING INDUSTRIAL CENTER/ -
LIGHT (MIC/L) DISTRICT
Sections:
18.36.010 Purpose
18.36.020 Land Uses Allowed
18.36.060 On -Site Hazardous Substances
18.36.070 Design Review
18.36.080 Basic Development Standards
18.36.010 Purpose
This district implements the Manufacturing Industrial Cen-
ter/Light Industrial Comprehensive Plan designation.- _It is intended
to provide a major employment area containing distributive light
manufacturing and industrial uses and other uses that support
those industries.— This district's uses and standards are intended
to enhance the redevelopment of the Duwamish Corridor.
(Ord. 1758 §1 (part), 1995)
48
18.36.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
{Arts 5A0-§-18,20-16)
1-8
18.36.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
a-8
18.36.070 Design Review
Administrative dDesign review is required for:
1. aAll new office development_ and other
2. All new developments within 300 feet of residential
districts_
3. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation.
(See TMC 18.60, Design Review)
{Ord. 2368 §38, 2012; Ord. 2335 §5, 2011;
18.36.080 Basic Development Standards
Development within the Manufacturing Industrial Center/Light
Industrial District shall conform to the following listed and
referenced standards:
MIC/L BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Second front, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
15 feet
• Sides
None
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
None
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum 4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor area
min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, off-street
Parking & Loading Regulations
Performance Standards:=Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for
odor, dust, smoke and other airborne pollutants, (2) TMC Chapter "Noise", and,
(3) adopted State and Federal standards for water quality and hazardous materials —in
addition, all development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
{Ord. 2678 §35, 2022; Ord. 1872 §11, 1999; Ord. 1758 §1(part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-11245
TITLE 18 — ZONING
CHAPTER 18.38
MANUFACTURING INDUSTRIAL CENTER/ -
HEAVY (MIC/H) DISTRICT
Sections:
18.38.010 Purpose
18.38.020 Land Uses Allowed
18.38.060 On -Site Hazardous Substances
18.38.070 Design Review
18.38.080 Basic Development Standards
18.38.010 Purpose
This district implements the Manufacturing Industrial
Center/Heavy Industrial Comprehensive Plan designation. —_It is
intended to provide a major employment area containing heavy or
bulk manufacturing and industrial uses, distributive and Tight
manufacturing and industrial uses, and other uses that support
those industries.— This district's uses and standards are intended
to enhance the redevelopment of the Duwamish Corridor.
(Ord. 1758 §1 (part), 1995)
1-8
18.38.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ord. 250041-9,2046)
1-8
18.38.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).—_(See
TMC Chapter 21.08.)
(Ord. 1758 §1 (part), 1995)
1-8
18.38.070 Design Review
Administrative dDesign review is required for:
1. aAll new office development_ and other
2. All developments within 300 feet of residential
districts. -or
3. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation.
(See TMC 18.60, Design Review)
(Ord. 2368 §40, 2012; Ord. 2335 §9, 2011;
Ord. 2005 §14, 2002; Ord. 1758 §1 (part), 1995)
18.38.080 Basic Development Standards
Development within the Manufacturing Industrial
Center/Heavy Industrial District shall conform to the following listed
and referenced standards:
MIC/H BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Second front, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
15 feet
• Sides
None
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
None
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum 125 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor area
min.
• Office
2.5 per 1,000 sq. ft. usable
floor area min.
• Retail
2.5 per 1,000 sq. ft. usable
floor area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
{Ord. 2678 §36, 2022; Ord. 1872 §12, 1999; Ord. 1758 §1 (part), 1995)
Pr2r4ved by the City of Tukwila, City Clerk's Office Page 18-111
TITLE 18 — ZONING
CHAPTER 18.40
TUKWILA VALLEY SOUTH
(TVS) DISTRICT
Sections:
18.40.010 Purpose
18.40.020 Land Uses Allowed
18.40.060 On -Site Hazardous Substances
18.40.070 Design Review
18.40.080 Basic Development Standards
18.40.010 Purpose
This district implements the Tukwila Valley South
Comprehensive Plan designation.- _It is intended to provide an area
of high -intensity regional uses that include commercial services,
offices, light industry, warehousing and retail uses, with heavy
industrial uses subject to a Conditional Use Permit.
{Ord. 1758 §1 (part), 1995)
I-8
18.40.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
{Ord. 2500 §20, 2016)
I-8
18.40.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105). (See
TMC 21.08.)
{Ord. 1758 §1 (part), 1995)
I-8
18.40.070 Design Review
Design review is required for:
1. RNew development within 300 feet of residential
districts_;
2. aAll projects located within the shoreline jurisdiction
that involve new building construction or exterior changes if the
cost of the exterior changes equals or exceeds 10% of the
building's assessed valuation_, for
3. 4Developments larger than 1,500 square feet_ and
fer
4. aAll multi -family developments outside the shoreline
jurisdiction. _Commercial structures between 1,500 and 10,000
square feet and multi family structures up to 1,500 square feet will
be reviewed administratively.
(See TMC 18.60, Design Review)
(Ord. 2368 §44, 2012; Ord. 2005 §15, 2002;
Ord. 1758 §1 (part), 1995)
18.40.080 Basic Development Standards
Development within the Tukwila Valley South District shall
conform to the following listed and referenced standards:
TVS BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except
senior citizen housing), minimum
2,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum
115 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC 18.56, Off street
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor
area minimum
• Retail
4 per 1,000 sq. ft. usable floor
area minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor
area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor
area minimum
• Other uses, including senior citizen
housing
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards:=Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and hazardous materials. —_In
addition, all development subject to the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
{Ord. 2678 §37, 2022; Ord. 1976 §60, 2001; Ord. 1872 §13, 1999;
Ord. 1830 §27, 1998; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-11247
TITLE 18 — ZONING
CHAPTER 18.41
TUKWILA SOUTH OVERLAY (TSO) DISTRICT
Sections:
18.41.010 Purpose
18.41.020 Land Uses Allowed
18.41.070 On -Site Hazardous Substances
18.41.080 Design Review
18.41.090 Basic Development Standards
18.41.100 Modifications to Development Standards through
Design Review
18.41.110 Final Site Plan
18.41.120 Performance Guarantee
18.41.010 Purpose
A. This district implements the Tukwila South Master Plan
designation and related policies and provisions of the Tukwila
Comprehensive Plan. —_As an overlay district, the Tukwila South
Overlay (TSO) district may be applied by the City Council to any
property lying within the Comprehensive Plan's Tukwila South
Master Plan Area. —_Within the Tukwila South Overlay, the
provisions of this chapter shall supersede the provisions of the
underlying zoning district.
B. The Tukwila South Overlay district is intended to create a
multi -use regional employment center containing high technology,
office, commercial, and residential uses. National and international
employers specializing in emerging technologies (bio-tech/life
sciences) are featured in campus settings. —_Retail activities range
from individual large-scale national retailers to gateway and village
retail and shopping centers that support office and high-tech
campuses and residential neighborhoods. —_A mix of single-family
and multi -family dwellings at low, medium, and high densities
provide a variety of housing opportunities. Tukwila South will create
a memorable and regionally identifiable place by building upon the
Northwest tradition of quality outdoor environments and quality
building materials, combined with traditional Puget Sound building
elements.
{Ord. 2235 §1 (part), 2009)
1-8
18.41.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
(Ard. 2500 §21; 916)
1-8
18.41.070 On -Site Hazardous Substances
No on -site hazardous substance processing and handling or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permitted
use. —_On -site hazardous waste treatment and storage facilities
shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
(Ord. 2235 §10 (part), 2009)
18.41.080 Design Review
A. The Director shall require that all development within the
Tukwila South Overlay district is consistent with the policies of the
Tukwila Comprehensive Land Use Plan and the Tukwila South
Master Plan, and conforms to the requirements of this title and any
applicable development agreement.
B. Design review is required for all non-exempt development
within the Tukwila South Overlay district. —_The applicant may
submit a site plan for review for all or a portion of the area covered
by the Tukwila South Master Plan. Application requircmcnts arc
provided by TMC Section 18.104.060. All applications for design
review within the TSO shall be processed as Type 2 decisions per
TMC Chapter 18.60. _Prospective applicants are encouraged to
schedule a pre -application conference as provided by TMC
Section 18.104.050 prior to submitting a design review application.
C. The following development activities are exempt from
design review:
1. Interior remodeling of existing buildings or structures.
2. Underground utility projects.
3. Detached single-family subdivisions subject to TMC
Title 17 — Subdivisions and Plats.
4. Exterior repair, reconstruction, cosmetic alterations
or improvements if the cost of that work is less than 10% of the
building's assessed valuation.
5. Development that is categorically exempt under the
State Environmental Policy Act (SEPA) (RCW 43.21 C).
D. Design review includes an examination of the following
elements: placement and scale of structures, design, height, form,
parking, access, signage, vehicular and pedestrian connections
and circulation, environmental considerations, open space,
landscaping, and infrastructure needs as described in the Tukwila
South Master Plan or any applicable development agreement.
The purposes of the review process include:
1. Allowing City staff to review the detailed arrangement
of the proposed development to ensure it is consistent with the
intent and scope of the Tukwila South Master Plan, as well as any
applicable development regulations, zoning district provisions,
design review standards, and any approved development
agreement provisions.
2. Assure the proposed development is compatible with
both the physical characteristics of the site, and the existing and
potential uses of the surrounding area as described in an approved
Master Plan.
3. Ensure compliance with the requirements of the
State Environmental Policy Act (SEPA - RCW 43.21C) and other
applicable regulations and standards.
Pr r4&j ed by the City of Tukwila, City Clerk's Office
Page 18-113
TITLE 18 — ZONING
E. -All design review applications for development within the
Tukwila South Overlay district shall be reviewed in accordance
with the following criteria. -_When two or more of the criteria listed
below conflict, the Director shall evaluate the applicability and
importance of each based on the intent of the Tukwila South
Master Plan and reasonably balance any conflicting criteria in
reaching a design review decision.
1. Substantial conformance with the Tukwila South
Master Plan, including but not limited to, fostering the vision and
guiding principles of the Master Plan.
2. Compliance with the applicable district standards in
this title, and other applicable City regulations. Modifications to
the development standards may be requested as part of design
review per TMC Section 18.41.100.
3. Substantial consistency with Tukwila
Comprehensive Land Use Plan goals and policies.
4. Substantial conformance with the provisions of any
applicable development agreement.
5. Substantial conformance with all applicable
mitigation measures identified in the associated EIS or other
SEPA documents.
6. Adequate public services and facilities necessary to
accommodate the proposed use and density are or will be made
available.
7. The site is physically suitable for the type of
development and for the intensity of development proposed.
8. Approval of the application will not be significantly
detrimental to the public health, safety or welfare, or be injurious
to the property or improvements of adjacent properties and public
facilities.
9. Substantial conformance with the criteria contained
in the Tukwila South Design Manual for commercial development,
the Tukwila South Residential Design Guidelines, or other Design
Manual as stipulated by TMC Chapter 18.60.
10. Substantial conformance with the Master Open
Space and Trails Plan, if applicable.
F. Upon completion of the City's review, the Director shall
approve, approve with conditions or deny the application, as
follows:
1. If the Director finds the application meets the
applicable criteria and is consistent with the approved Master Plan
for that area of the Tukwila South Overlay district, the Director shall
approve the proposal.
2. Approve with Conditions: If the Director finds the
application does not adequately address one or more of the
applicable criteria, but is consistent with the approved Master Plan
for the Tukwila South Overlay district, and there is a reasonable
basis for conditions, the Director may approve the application with
conditions.- The intent of such conditions is that they mitigate an
impact consistent with the intent of the applicable criterion.
Conditions of approval may include, but are not necessarily limited
to, the relocation or modification of the proposed structures,
additional landscaping, buffering, screening, relocation of access,
or other measures necessary to mitigate any impact or reduce
hazards. -_The Director shall specify when the conditions shall be
met.
3. Denial: If the Director finds the application does not
meet applicable criteria and reasonable conditions cannot be found
to mitigate the impact or reduce hazards, the Director shall deny
the application as proposed. -_The Director's decision must specify
the reasons for the denial based upon the review criteria.
(Ord. 2661 §1, 2021; Ord. 2580 §3, 2018; Ord. 2235 §10 (part), 2009)
Produced by the City of Tukwila, City Clerk's Office
Page 18-1149
TITLE 18 — ZONING
18.41.090 Basic Development Standards
A. Residential Uses.
1. Residential use development on all lands within the
TSO shall conform to the development standards set forth in TMC
Section 18.41.090.A and the Tukwila South Residential Design
Guidelines. —_Modifications to these standards are available
pursuant to TMC Section 18.41.100, "Modifications to
Development Standards through Design Review."
2. The development standards herein are based on the
height of new residential buildings. —_Specifically:
a. Buildings three stories or less are subject to
townhouse and low-rise standards.
b. Buildings between four to seven stories are
subject to mid -rise standards.
c. Buildings eight stories or taller are subject to high-
rise standards.
d. For buildings with a varying number of stories, the
tallest number of stories shall determine which set of standards
apply.
Table 18.41.090
Tukwila South Overlay Residential Development Standards
Standard
TSO
Townhouses
& Low-rise
(3 stories or
less)
TSO
Mid -rise
(4-7 stories)
TSO
High-rise
(8 or more
stories)
Setbacks/yards, minimum (feet)
Fronts
Arterial streets
15
15
15
All other streets
10
10
10
Side2
Up to 3rd story
5
53
53
41h story and above
n/a
154
15'
Rear3
Up to 3rd story
5
53
53
41h story and above
n/a
154
15'
1 In the event modification is pursued under
setbacks may be reduced to no less than
2 Structures or portions of structures containing
that have solar access only from a side
window(s) must be set back at least 15
lines.— Structures must also maintain
adjacent structure elevations that provide
multi -family dwelling unit.- See the Tukwila
Guidelines for a graphic example.
3 When adjacent to a townhouse, the minimum
4 When adjacent to a townhouse, the setback
taller than 35 feet must increase by 1
building height.
TMC Section
18.41.100, front
dwelling units
rear property
from
for a
15 feet.
of a structure
1 foot in
5 feet.
multi -family
or rear setback -facing
feet from side and
at least 15 feet of separation
the only solar access
South Residential
setback is
for portions
foot for each additional
Building height, maximum (feet)
Building Height
45
85
125
Standard
TSO
Townhouses
& Low-rise
(3 stories or
less)
TSO
Mid -rise
(4.7 stories)
TSO
High-rise
(8 or more
stories)
Outdoor lighting height
maximum (feet
Light poles in parking
areas
20
20
20
Light poles along
pedestrian walkways,
trails, plazas, building
entries, and other
pedestrian -oriented
areas
12
12
12
Building wall -mounted
lighting
15
15
15
Building mounted
lights fully recessed
into the underside of a
ceiling, soffit, or
overhang
No limit
No limit
No limit
Building length, maximum (feet)
Maximum building
length
200
200
200
Recreation space per unit, minimum square footage (see TMC Section
18.41.090.3 for more information)'$
Recreation space
Residential development must provide on-site9
and off-site10 recreation space at the following
standard:
• 200 square feet total.
0 75 square feet per unit, on -site.
0 125 square feet per unit, off -site.
Senior citizen housing must provide 100 square feet of recreation
space per unit.
8 Developments with 10 or more dwelling units must provide a children's
play area in the on -site recreation space. _A children's play area is not
required for senior citizen housing or if the proposed structure or
related development project is within 1/4 mile, measured along
constructed sidewalks and/or trails of the perimeter, of a recreation
facility for children that is open to residents of the proposed structure.
9 Recreation area provided on -site must be functional space for active
and passive recreation purposes and located within the same parcel or
tract as the proposed development.
10 The Director may approve the required off -site recreation area to be
located on -site provided that the recreation space meets the design
guidelines set forth in this chapter.— _If off -site recreation space is
approved to be located on -site, that space must be active outdoor
recreation space.
Parking spaces per dwelling unit, minimum
Studio
1
1
1
1-bedroom
1
1
1
2-bedroom
1.5
1.5
1.5
3-bedroom
2
2
2
Preyed by the City of Tukwila, City Clerk's Office
Page 18-115
TITLE 18 — ZONING
3. Off -Site Recreational Area Requirements. -_The
following requirements would apply to Off -Site Recreational Areas
within the TSO district:
a. Off -Site Recreational Area Conditions:
(1) Off -site recreation areas must be
accessible within 1/4 mile for a children's play area up to 1/2 mile
for all other offsite recreation areas as measured from the closest
structure containing residential units; accessory buildings such as
fitness centers, parking garages, utility structures, etc. will not
qualify. -_Off -site recreation space located up to 1 mile from a
structure containing residential units as measured along existing or
future sidewalks and trails shall be credited toward meeting the
offsite recreation space requirement.
(2) A recreation area constructed in fulfilment
of this requirement should be designed to serve the neighborhood
in which it is located. _The space may be privately -owned, provided
residents living in the area have access.- New improvements must
be located adjacent to, and highly visible from, a street (public or
private) or public trail. -_The facilities to be located will be approved
by the Director during the design review and/or platting subdivision
process.
b. Minimum Off -Site Recreational Area Design:
Minimum size requirements apply:-_1/ 4 acre of usable off -site
recreation space must be provided to meet the standard. -_This
qualifies as the minimum size for an off -site recreation area.- Off -
site recreational areas must be designed and sized to
accommodate a combination of active and passive recreational
facilities.
Examples of qualifying facilities:
(1) Children's play equipment
(2) Picnic areas and/or tables
(3) Benches
(4) Pea patch/other specialized community
garden
active recreation
(5)
Grass fields/areas of suitable size for
(6) Sport courts
(7)
on private property
(8) Other amenities the Director determines
meet the goal of providing active or passive recreation
opportunities
c. Larger Of Site Recreational Areas:
(1) Any offsite recreation area developed in
excess of the offsite recreation area requirement for a given
development, regardless of their size and subject to the 1/4-acre
size minimum, may be banked toward future development for an
indefinite period.
(2) Should a larger, consolidated recreation
area of 2.0 acres or more be provided, the improvements can be
used to fulfill current development proposal requirements. -_See
"Timing of Recreation Space Provision" below for more
information.
Trails and associated landscaped corridors
(3) If a project constructs a recreation area of
less than 2.0 acres but greater than a development's required
offsite recreation amount, the area developed in excess may be
banked only if the offsite recreation area is constructed at the same
time as the residential project.
(4) To qualify, the proposed recreation area
must be located adjacent to, and highly visible from, a street (public
or private) or trail and provide a range of active and passive
recreational opportunities (as outlined in this Chapter) for multiple
ages and physical abilities. -_Only those areas that are usable may
count towards the off -site recreation space requirement. -_The
following areas are excluded: —_parking lots, utility sheds,
inaccessible natural/planted areas, any landscaped area required
by code, and unimproved steep slopes as defined in TMC Section
18.45.120.
(5) Larger off -site recreational areas are
typically characterized by recreational activities that serve a range
of individuals and groups, such as field games, court games, craft
areas, playground apparatus, picnicking, and space for
quiet/passive activities.— Neighborhood recreation areas may
contain active recreational facilities such as softball, basketball,
volleyball, handball, tennis, children's play structures, trails, and
grass areas for activities and/or picnic facilities.
d. Timing of Recreation Space Provision:
Construction of off -site recreation space must meet the following
timelines.
(1) For sites under 2.0 acres in area, the off -
site recreation space must be constructed and receive final
construction permit approval prior to the issuance of certificate of
occupancies for any project receiving credit for the off -site
recreation space.
(2) For sites equal to or in excess of 2.0 acres,
the City will permit delayed construction of the off -site recreation
space as follows:
(a) Construction permits must be applied
for within two years of the associated residential project(s) using
such off -site recreation space to satisfy their recreation space
requirement and receiving certificate(s) of occupancy. -_Provided:
i. A financial guarantee (bond,
assignment of account, irrevocable standby letter of credit, or
cash), acceptable to the Director, in an amount necessary to
complete the off -site recreation improvements is provided to the
City.
ii. The owner of the property for the
off -site recreation area has provided an appropriate legal
mechanism acceptable to the City to access the identified off -site
recreation area, such as an easement, at no cost, and to construct
the off -site recreation space improvements in the event that the
applicant and/or property owner have not completed the
improvements within the prescribed timelines.
iii. The requirements in TMC Section
18.41.090.A.3.d.(a).i and ii are not required if the permits for off -
site recreation space have received final approval by the City.
Produced by the City of Tukwila, City Clerk's Office
Page 18-1v51
TITLE 18 — ZONING
(3) No additional residential projects within the
1/2 mile radius of the deferred off -site recreation area will be
allowed to move forward with construction until such off -site
recreation space construction has been completed.
(4) Construction of the off -site recreation
improvements must be completed within a timely manner from
permit approvals. -_If adequate provisions, as determined by the
Director, cannot be put in place to ensure the future construction of
the off -site recreation space, then the space shall be constructed
prior to the issuance of any certificate of occupancy for any
developments using the off -site area to meet recreational space
requirements.
e. Sensitive Area Tracts:- Off -site recreation space
credit can be given for any trails, lookouts, or other passive
recreation activities constructed within sensitive area tracts,
subject to compliance with the City's Sensitive Area Master Plan
for Tukwila South and the City's Environmental Areas Ordinance.
The sensitive areas tracts would need to meet the locational
requirements outlined in this Chapter (1/2 mile from closest
perimeter of a residential project). -_Only the areas of improvement
within a sensitive area tract would count towards the recreation
space requirement, not the entire tract.
4. Performance Standards: —_Use, activity, and
operations within a structure or a site shall comply with:-_(1)
standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust, smoke and other airborne pollutants; (2)
TMC Chapter 8.22, "Noise"; and (3) adopted State and Federal
standards for water quality and hazardous materials. -_In addition,
all development subject to the requirements of the State
Environmental Policy Act, Chapter RCW 43.21 C RCW, shall be
evaluated to determine whether adverse environmental impacts
have been adequately mitigated.
B. Connectivity and Circulation Guidelines.
1. Any development with a residential component shall
front a roadway that meets City approved public or private street
standards.
2. Access to development sites needs to include
provisions for non -motorized circulation, including dedicated
pedestrian access that separates pedestrians from motorized
traffic via curb and/or landscaped planter strip. -_Development
along public rights -of -way should not preclude bus stops and bike
infrastructure. -_Private street development, contained within tracts
or easements, may be required to include shared and/or dedicated
bike lanes, on -street parking, and/or drop-off/loading zones.
3. Existing curb cuts from Southcenter Parkway and
South 200th Street are to be used for access to the adjacent
development sites and to extend private streets, contained within
tracts or easements. -_If no curb cut exists along an existing road
fronting a development site, City of Tukwila Public Works may
review and approve new curb cut location(s) along such street
frontage, subject to intersection spacing and site distance
standards.
4. New streets are encouraged to connect to adjacent
parcels at an interval no greater than 700 feet. -_Where nearby
parcels and associated private streets have already been
developed, proposed private streets, whether in tracts or
easements, shall align and connect.
5. Future block development is encouraged to create a
Lot N/A
Setbacks:
Front — adjacent to a public
15 feet"
street
Second Front — adjacent to a
15 feet*
public street
Sides
None*; increased to 10
feet if adjacent to residential
use or non-TSO zoned
property
Rear
None*; increased to 10
feet if adjacent to residential
use or non-TSO zoned
property
Height
125 feet
Landscaping:
Fronts — adjacent to a public
15 feet
street
Side
None; increased to 10 feet
if adjacent to residential use or
non-TSO zoned property
Rear
None; increased to 10 feet
if adjacent to residential use or
non-TSO zoned property
Landscape requirements (minimum): See Landscape,
Recreation, Recycling/Solid Waste Space requirements chapter
for requirements
Off-street parking: See TMC 18.56
*Subject to modification to meet Fire Department Access
Requirements
maximum block perimeter 2,000 linear feet. -_The block will be
defined with a minimum of two vehicle through connections. -_The
remaining two sides of the block may be pedestrian/bicycle
connections only or could accommodate vehicle traffic; see
example below.
6. Permanent dead-end streets should be avoided, if
possible.
7. All developments must meet minimum Fire
Department and Public Works Department access and grade
requirements including, but not limited to, minimum street
clearance, turning radii, and turnaround design.
8. The Director may provide exceptions to these
guidelines in the event they are unable to be adhered to due to
physical/topographical constraints, the creation of an unusable
parcel(s) of land, or an inability to fulfill the requirements without
significantly interfering with the proposed function(s) of the
development given that the overall intent of the guidelines is still
fulfilled.
Prpced by the City of Tukwila, City Clerk's Office
Page 18-117
TITLE 18 — ZONING
BLOCK EXAMPLE:
Flaumum Block Face 700 Feet
TNew
4
Ft*
at
,d
44
ai
Id
et
Street
_
_J
Block A
mr
Stat,um Block
Perimeter 1,800 Feet
New Pedestrian / Bicyck Path
Block B
it
j 1
i I
j
j if1
j I
1
'
l i
1
.W_
.F�
a
0
I
Fronts adjacent to a public
street
1-5-feet
Side
None; increased to 10 feet
if adjacent to residential use or
non TSO zoned property
Rear
None; increased to 10 feet
if adjacent to residential use or
non TSO zoned property
Landscape requirements (minimum): See Landscape,
Re rent Rocyel-ir,.. Sel cJ Wasto Space r ors chart r
for requirements
Off street parking: See TMC Chapter 18.56
*Subject to modification to meet Firc Department Access
Requirements
C. Non -Residential Uses. All non-residential use
development on all lands within the TSO shall conform to the
development standards set forth in TMC Section 18.41.090.C.
Modifications to these standards are available pursuant to TMC
Section 18.41.100, "Modifications to Development Standards
through Design Review."
(Ord. 2678 §10, 2022; Ord. 2661 §2, 2021;
Ord. 2580 §4, 2018; Ord. 2235 §10 (part), 2009)
Produced by the City of Tukwila, City Clerk's Office Page 18-11153
TITLE 18 — ZONING
18.41.100 Modifications to Development Standards
through Design Review
A. An applicant may request a modification to the Basic
Development Standards established by TMC Section 18.41.090 as
part of a design review application. —_The applicant shall submit a
written description of the proposed modification and address the
decision criteria stated in subsection TMC 18.41.100.B; the
Director may condition the approval of a modification request when
such conditions are necessary to achieve conformity with these
decision criteria.
B. The Director may grant modifications to the Basic
Development Standards established by TMC Section 18.41.090 for
individual cases provided that, for development of a residential use,
the Director shall find that either the modification is allowed
because it results in a more thoughtful urban design for the project
consistent with the Tukwila South Residential Design Guidelines,
or that all five criteria below are met and, for development of a non-
residential use, the Director shall find that all five criteria below are
met:
1. The modification is required due to unique
circumstances related to the subject property that create significant
practical difficulties for development and use otherwise allowed by
this code;
2. The modification conforms to the intent and purpose
of the Tukwila South Master Plan, any applicable development
agreements, and this code;
3. The modification will not be injurious to other
property(s) in the vicinity;
4. The modification will not compromise the current or
reasonably anticipated provision of circulation, access, utility
service or any other public service; and
5. An approved modification shall be the minimum
necessary to ameliorate the identified practical difficulties giving
rise to the request.
18.41.110 Final Site Plan
A. Within 90 days of the approval by the Director, final plans
shall be prepared and filed with the City. _These plans shall include
all required modifications and applicable conditions contained in
the Director's Notice of Decision.
B. The final plans are not required to be recorded unless
there is an associated land division application, such as a binding
site plan or subdivision.
(Ord. 2235 §10 (part), 2009)
18.41.120 Performance Guarantee
The Building Official may not issue a Certificate of Occupancy
until all improvements included in the approved plans have been
installed and approved, with the following exceptions:
1. A performance guarantee has been posted for the
improvements not yet completed.
2. The phasing of improvements has been accounted
for in an associated Binding Site Plan, infrastructure phasing
agreement, a condition of approval, or a development agreement.
Prpjced by the City of Tukwila, City Clerk's Office
Page 18-119
TITLE 18 - ZONING
Produced by the City of Tukwila, City Clerk's Office Page 18-12255
TITLE 18 — ZONING
CHAPTER 18.42
PUBLIC RECREATION OVERLAY DISTRICT
Sections:
18.42.010 Purpose
18.42.020 Land Uses Allowed
18.42.030 Basic Development Standards
18.42.010 Purpose
This district implements the Public Recreation Comprehensive
Plan designation, which is intended to reserve certain areas owned
or controlled by a public or quasi -public agency for either passive
or active public recreation use. —_As an overlay district, the PRO
District may be combined with any other district established by this
Title, and the provisions of this chapter shall be in addition to the
provision for the underlying district.
(Ord. 1758 §1 (part), 1995)
18.42.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
{Ord. 2500 §2, 2016; Ord. 1758 §1 (part), 1995)
18.42.030 Basic Development Standards
Development standards for the PRO District shall be as
specified by TMC Title-18 for the underlying district. However,
when the underlying district is the LDR (Low -Density Residential)
District, structures may be granted a height bonus of one additional
foot of height for every four feet of excess setback (i.e., setback
over and above the LDR minimum standard), up to a maximum
height of 50 feet. —_Ancillary facilities customarily installed in
conjunction with a permitted recreational use, including light
standards and safety netting, shall not be subject to the height
restrictions of the underlying district. Structures for which a height
bonus is requested and any ancillary facilities taller than the
underlying height restrictions shall be subject to Board of
Architectural Design Review approval under the "Commercial and
Light Industrial Design Review Criteria" provisions of TMC Chapter
18.60.
(Ord. 2020 §1, 2003; Ord. 1758 §1 (part), 1995)
Prpdged by the City of Tukwila, City Clerk's Office Page 18-121
TITLE 18 - ZONING
CHAPTER 18.43
URBAN RENEWAL OVERLAY DISTRICT
Sections:
18.43.010 Purpose
18.43.020 Principally Permitted Uses
18.43.030 Accessory Uses
18.43.040 Height, Yard and Area Regulations
18.43.050 Parking Regulations
18.43.060 Application Regulations
18.43.070 Specific Urban Renewal Overlay
Development Standards and Criteria
18.43.080 Basic Development Standards
18.43.010 Purpose
This chapter implements the Urban Renewal Overlay District,
which applies the adopted Tukwila International Boulevard
Revitalization and Urban Renewal Plan. The intent is to promote
community redevelopment and revitalization, and to encourage
investment that supports well -designed, compact, transit -oriented
and pedestrian -friendly residential and business developments to
activate the community along Tukwila International Boulevard.
Urban Renewal Overlay District Boundaries are shown in (Figure
18-15.) This overlay may be applied in combination with the
Commercial Redevelopment Areas procedures as described in
TMC Section 18.60.060.
(Ord / I57 §9 (parf)I009)
18.43.020 Principally Permitted Uses
The Urban Renewal Overlay District is an overlay zone which
allows the uses permitted in the underlying zoning district, while
being consistent with all additional requirements of this chapter. -_In
addition, larger scale multi -family buildings are permitted in the
LDR and MDR districts within the Urban Renewal Overlay District.
(Ord. 2257 §9 (part), 2009)
18.43.030 Accessory Uses
The Urban Renewal Overlay District is an overlay zone which
allows the accessory uses permitted in the underlying zone district,
while being consistent with all additional requirements of this
chapter.
(Ord 2 I57 §9 (part) I009 s
18.43.040 Height, Yard and Area Regulations
All setbacks shall be as provided in the underlying zoning
district, except as may otherwise be specified in this chapter.
(Ord. 2257 §9 (part), 2009)
18.43.050 Parking Regulations
Parking shall be required as specified in Chapter TMC 18.56,
except as may otherwise be specified by this chapter.
(Ord. 2257 §9 (part), 2009)
18.43.060 Application Regulations
Property located within the Urban Renewal Overlay District is
identified on the official Zoning Map, as well as in TMC 18, Figure
18.15, and is subject both to its zone classification regulations and
to additional requirements imposed for the overlay district. The
overlay district provisions shall apply in any case where the
provisions of the overlay district conflict with the provisions of the
underlying zone.
(Ord. 2257 §9 (part), 2009)
18.43.070 Specific Urban Renewal Overlay Develop-
ment Standards and Criteria
A. The Urban Renewal Overlay District's supplemental
development standards are as follows, provided certain criteria are
met:
1. Building heights shall be permitted up to 65 feet;
2. Existing Neighborhood Commercial Center (NCC)
setback standards shall be followed per TMC 18.22.080 as
amended. -_(See Urban Renewal Basic Development Standards.)
3. Multi -family parking standards shall be one parking
space per each dwelling unit that contains up to one bedroom, plus
0.5 spaces for every bedroom in excess of one bedroom in a
dwelling unit.
4. The maximum number of dwelling units shall be
determined by the building envelope, rather than a numeric
density. The developer shall determine the unit mix with the
limitation that studio units contain an average size of at least 500
square feet of interior floor space with no units smaller than 450
square feet and allow no more than 40% of the dwelling units to be
studios.
5. Allow live/work space on the ground floor to meet the
NCC requirement for ground floor retail or office space if the
live/work space is built to commercial building code standards with
a typical retail storefront appearance.
6. Allow ground floor residential uses in the NCC zone
in buildings or portions of buildings that do not front on an arterial.
B. The Urban Renewal Overlay District's development
standards apply if the owner/developer requests, and if all the
following criteria are met:
1. At least 100 feet of the development parcel's
perimeter fronts on Tukwila International Boulevard.
2. At least 75% of required residential parking is
provided in an enclosed structure (garage or podium). The
structure must be screened from view from public rights -of -way.
3. The ground floor along Tukwila International
Boulevard must contain active uses (except for the width of the
garage access) when site conditions allow. -_Active uses comprise
uses such as retail, restaurant, office, live -work or other uses of a
similar nature that encourage pedestrian activity, and feature a
combination of design and amenities to create a sense in interest
with features such as doors, windows, clear glass display windows,
wide sidewalks, etc.
Produced by the City of Tukwila, City Clerk's Office
Page 18-12257
TITLE 18 - ZONING
4. Development must provide amenities such as some
of the following to enable a high -quality pedestrian experience,
including retail windows, pedestrian scale design along sidewalks,
wide sidewalks, pedestrian access through site, benches, art,
landscaping and lighting, quality of materials, and street furniture.
5. The property owner/manager shall prepare a
Transportation Management Plan to encourage alternatives to
automobile use, and that provides each residential and commercial
tenant with materials that may range from offering information
about transit and bicycle options to providing transit tickets and
passes.
6. Residential development shall provide opportunities
for tenants to use a car -sharing program and make one space
available at no charge to a car -sharing program (if available) for
every 50 to 200 residential units on site. An additional space shall
be provided for developments with over 200 units.-_AII car share
spaces are in addition to required residential parking. —_If car -
sharing programs are not available when the building is
constructed, an equivalent number of guest parking spaces shall
be provided.- These shall be converted to dedicated car -sharing
spaces when the program becomes available.
7. One secure, covered, ground -level bicycle parking
space shall be provided for every four residential units in a mixed -
use ormulti-familydevelopment.
/Ord w/ 57 §9 (parf) I009)
18.43.080 Basic Development Standards
A. If requested by the developer and if the specific re-
quirements and criteria of TMC 18.43.070a and 18.43.070b are
met, development within the Urban Renewal Overlay District shall
conform to the following listed and referenced standards.
B. In the Tukwila International Boulevard corridor, there are
circumstances under which these basic standards may be waived
(see TMC 18.60.0320). Certain setback and landscaping
standards may be waived by the Director of Community
Development as a Type 2 decision when an applicant can
demonstrate that:
(i) shared parking is provided:, or _If a project rcquircc
a Typc II approval proccss, certain setbacks and landscaping may
be waived by the BAR when an applicant can demonstrate that
(ii) the number of driveways is reduced, or
(iii) efficiency of the site is increased, or
(iv) joint use of parking facilities is allowed, or
(v) pedestrian space is provided.
Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
(See the Tukwila International Boulevard Design Manual for more
detailed directions.)
Urban Renewal Overlay Basic Development Standards
Unit density
The maximum number of
dwelling units to be determined
by the building envelope as in
the NCC zone, rather than a
numeric density.
Unit size and maximum
percentage for studio dwellings
The developer shall determine
the unit mix with the limitation
that the studio units contain an
average size of at least 500
square feet of interior floor
space with no units smaller than
450 square feet and allow no
more than 40% of the dwelling
units to be studios.
Setbacks to yards, minimum (unless noted)
Front
6 feet-_(12 feet if located along
Tukwila International Boulevard
South)
Front if any portion of the yard is
adjacent to, or across the street
from, LDR zoning that is
developed with a single-family
dwelling and that is outside of
the Urban Renewal Overlay
District
1st floor -10 ft. min/max
2nd floor -10 ft. to 30 ft.
3rd floor and higher - 30 ft.
Note: -_Buildings over two
floors must have at least one
tier.- To achieve tiers,
setbacks will be both minimum
and maximum
Second front, if any portion of the
yard is within 50 feet of MDR,
HDR
1st floor -10 feet
2nd floor and above 20 feet
Second front
5 feet
Front Second front, _if any portion
of the yard is adjacent to, or
across the street from, LDR
zoning that is developed with a
single-family dwelling and that is
outside of the Urban Renewal
Overlay District
1st floor -10 ft. min/max
2nd floor -10 ft. to 30 ft.
3rd floor and higher - 30 ft.
Note: -_Buildings over two floors
must have at least one tier. -_To
achieve tiers, setbacks will be
both minimum and maximum
Second front, if any portion of the
yard is within 50 feet of MDR,
HDR
1st floor -10 feet
2nd floor and above 20 feet
Sides
10 feet
Sides, -_if any portion of the yard
is adjacent to, or across the
street from, LDR zoning that is
developed with a single-family
dwelling and that is outside of
the Urban Renewal Overlay
District
1st floor -10 ft. min/max
2nd floor -10 ft. to 30 ft.
3rd floor and higher - 30 ft.
Note: Buildings over two floors
must have at least one tier. -_To
achieve tiers, setbacks will be
both minimum and maximum
Sides, if any portion of the yard
is within 50 feet of MDR, HDR
1st floor -10 feet
2nd floor - 20 feet
3rd floor and higher - 20 feet
Rear, if any portion of the yard is
adjacent to, or across the street
from, LDR zoning that is
developed with a single-family
dwelling and that is outside of
1st floor -10 feet min/max
2nd floor -10 to 30 feet
3rd floor and higher - 30 feet
Note: -_Buildings over two
floors must have at least one
tier. -_To achieve tiers,
Prped by the City of Tukwila, City Clerk's Office
Page 18-123
TITLE 18 — ZONING
the Urban Renewal Overlay
District
setbacks will be both minimum
and maximum
Rear, if any portion of the yard
is within 50 feet of, MDR, HDR
1st floor -10 feet
2nd floor and above - 20 feet
Height, maximum — 65 feet (if all criteria are met)
Landscape requirements (minimum):
See Landscape requirements of specific underlying zone —Also
see Landscape, Recreation, Recycling/Solid Waste Space
requirements chapter for further requirements
Front(s)
All building setback areas
must be landscaped or
developed with pedestrian
improvements per the width of
the setback, rather than the
landscape standards of the
underlying zone.
Front if any portion of the yard
is adjacent to, or across the
street from, LDR zoning that is
developed with a single-family
dwelling and that is outside of
the Urban Renewal Overlay
District
All building setback areas
must be landscaped or
developed with pedestrian
improvements per the width of
the setback, rather than the
landscape standards of the
underlying zone.
Front(s), if any portion of the
yard is within 50 feet of MDR,
HDR
All building setback areas
shall be landscaped or
developed with pedestrian
improvements per the width of
the setback, rather than the
landscape standards of the
underlying zone.
Sides
None
Sides, if any portion of the yard
is within 50 feet of LDR, MDR,
HDR
10 feet
Rear
None
Rear, if any portion of the yard
is within 50 feet of MDR, HDR
10 feet
Recreation space
See underlying zoning
Recreation space, senior
citizen housing
See underlying zoning
Off-street parking:
Residential (except senior citizen
housing)
Other uses, including senior
citizen housing
One automobile parking space
per each dwelling unit that
contains up to one bedroom plus
0.5 spaces for every bedroom in
excess of one bedroom in a
multi -family dwelling unit.
At least 75% of required
residential parking is provided in
an enclosed structure (garage or
podium). The structure must be
screened from view from public
rights of way.
One automobile space at no
charge to a car sharing program
(if available) for every 50 to 200
residential units on site. —_An
additional space shall be
provided for developments with
over 200 units. —All car share
spaces are in addition to
required residential parking.— _If
car sharing programs are not
available when the building is
constructed, an equivalent
number of guest parking spaces
shall be provided. These shall be
converted to dedicated car -
sharing spaces when the
program becomes available.
One secure, covered, ground -
level bicycle parking space shall
be provided for every four
residential units in a mixed -use
or multi -family development.
See TMC Chapter 18.56,
Off-street Parking & Loading
Regulations
Performance Standards: —_Use, act vity and operations within a
structure or a site shall comply with (1) standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke
and other airborne pollutants, (2) TMC Chapter 8.22 "Noise" and (3)
adopted State and Federal standards for water quality and
hazardous materials. —_In addition all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21.0
shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
(Ord. 2257 §9 (part), 2009)
Produced by the City of Tukwila, City Clerk's Office Page 18-12 59
TITLE 18 - ZONING
Sections:
18.44.010
18.44.020
18.44.030
18.44.040
18.44.050
18.44.060
18.44.070
18.44.080
18.44.090
18.44.100
18.44.110
18.44.120
18.44.130
18.44.140
CHAPTER 18.44
SHORELINE OVERLAY
Purpose and Applicability
Shoreline Environment Designations
Principally Permitted Uses and Shoreline Use and
Modification Matrix
Shoreline Buffers
Development Standards
Vegetation Protection and Landscaping
Environmentally Critical Areas within the Shoreline
Jurisdiction
Public Access to the Shoreline
Shoreline Design Guidelines
Shoreline Restoration
Administration
Appeals
Enforcement and Penalties
Liability
18.44.010 Purpose and Applicability
A. The purpose of this chapter is to implement the Shoreline
Management Act of 1971, as amended, and the rules and
regulations thereunder as codified in the Washington
Administrative Code; and to provide for the regulation of
development that affects those areas of the City under the
jurisdiction of the Shoreline Management Act. -in particular, the
purpose of this chapter is to:
1. Recognize and protect shorelines of State-wide
significance;
2. Preserve the natural character of the shoreline;
3. Protect the resources and ecology of the shoreline;
4. Increase public access to publicly -owned areas of the
shoreline;
5. Increase recreational opportunities for the public in
the shoreline:
6. Protect and create critical Chinook salmon habitat in
the Transition Zone of the Green River.
B. Applicability of Amended Zoning Code. —_After the
effective date of this ordinance, Chapter TMC 18.44 of the Zoning
Code, as hereby amended, shall apply to all properties subject to
the shoreline overlay, provided that nothing contained herein shall
be deemed to override any vested rights or require any alteration
of a non -conforming use or non -conforming structure, except as
specifically provided in Chapter TMC 18.44 of the Zoning Code, as
amended.
C. Pursuant to WAC 173-26-191 (2)(c), this chapter,
together with the Shoreline Element of the Comprehensive Plan,
constitutes the City of Tukwila's Shoreline Master Program. _Any
modifications to these documents will be processed as a Shoreline
Master Program Amendment and require approval by the
Department of Ecology.
(Ord. 2627 §16, 2020)
18.44.020 Shoreline Environment Designations
All shoreline within the City is designated "urban" and further
identified as follows:
1. Shoreline Residential Environment. —All lands
zoned for residential use as measured 200 feet landward from the
Ordinary High Water Mark (OHWM).
2. Urban Conservancy Environment.-_AII lands not
zoned for residential use upstream from the Turning Basin as
measured 200 feet landward from the OHWM.
3. High Intensity Environment. -_All lands downstream
from the Turning Basin as measured 200 feet landward from the
OHWM.
4. Aquatic Environment. -_All water bodies within the
City limits and its potential annexation areas under the jurisdiction
of the Shoreline Management Act waterward of the Ordinary High
Water Mark.- The Aquatic Environment includes the water surface
together with the underlying lands and the water column.
(Ord. 2627 §17, 2020)
18.44.030 Principally Permitted Uses and Shoreline
Use and Modification Matrix
A. TMC Section 18.44.030.A, including the Use Matrix
(Figure 18-1), specifies the uses that are permitted outright,
permitted as a Conditional Use or prohibited altogether for each
Shoreline Environment. _Also included are special conditions and
general requirements controlling specific uses.- These regulations
are intended to implement the purpose of each Shoreline
Environment designation.
B. In the matrix, shoreline environments are listed at the top
of each column and the specific uses are listed along the left-hand
side of each horizontal row.- The cell at the intersection of a column
and a row indicates whether a use may be allowed in a specific
shoreline environment and whether additional use criteria apply.
The matrix shall be interpreted as follows:
1. If the letter "P" appears in the box at the intersection
of the column and the row, the use may be allowed within the
shoreline environment if the underlying zoning also allows the use.
Shoreline (SDP, CUP and Variance) permits may be required.
2. If the letter "C" appears in the box at the intersection
of the column and the row, the use may be allowed within the
shoreline environment subject to the shoreline conditional use
review and approval procedures specified in TMC _Section
18.44.110.E.
3. If the letter "X" appears in the box at the intersection
of the column and the row, the use is prohibited in that shoreline
environment.
Preyed by the City of Tukwila, City Clerk's Office
Page 18-125
TITLE 18 — ZONING
C. In addition to the matrix, the following general use
requirements also apply to all development within the shoreline
jurisdiction. —_Additional requirements controlling specific uses are
set forth for each Shoreline Environment designation, to implement
the purpose of the respective Shoreline Environment designations.
1. The first priority for City -owned property, other than
right-of-way, within the shoreline jurisdiction shall be reserved for
water -dependent uses including but not limited to habitat
restoration, followed by water -enjoyment uses, public access,
passive recreation, passive open space uses, or public educational
purposes.
2. No hazardous waste handling, processing or storage
is allowed within the SMA shoreline jurisdiction, unless incidental
to a use allowed in the designated shoreline environment and
adequate controls are in place to prevent any releases to the
shoreline/river.
3. Overwater structures, shall not cause a net loss of
ecological function, interfere with navigation or flood management,
or present potential hazards to downstream properties or facilities.
They shall comply with the standards in the Overwater Structures
Section of TMC Section 18.44.050.K.
4. Parking as a primary use is not permitted, except for
existing Park and Ride lots, where adequate stormwater collection
and treatment is in place to protect water quality. —_Parking is
permitted only as an accessory to a permitted or conditional use in
the shoreline jurisdiction.
5. All development, activities or uses, unless it is an
approved overwater, flood management structure or shoreline
restoration project, shall be prohibited waterward of the OHWM.
SHORELINE USE MATRIX* (Figure 18-1)
P = May be —_permitted subject to development standards.
C = May be permitted as a Shoreline Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Buffer
Non -
Buffer
Urban Conservancy
Buffer
Non -
Buffer
High
Intensity
Buffer
Non -
Buffer
Aquatic
Environment
AGRICULTURE
Farming and farm -related activities
Aquaculture
X
X
X
X
X
P
X
X
X
X
X
X
X
X
COMMERCIAL (1)
General
X
X
X
P
X
P (2)
Automotive services, gas (outside pumps allowed), washing, body
and engine repair shops (enclosed within a building)
X
X
X
C
X
C (2)
P (3)
X
Contractors storage yards
Water -oriented uses
X
X
X
C
X
C (2)
X
C
P
C
P
C
P
C
Water -dependent uses
P (4)
P (5)
P (4)
P
P (4)
P
P
Storage
P (6)
P (5)
P (6)
P
P (6)
P
X
CIVIC/INSTITUTIONAL
General
X
P
X
P
X
P
X
DREDGING
Dredging for remediation of contaminated substances
C (7)
NA
C (7)
NA
C (7)
NA
Dredging for maintenance of established navigational channel
NA
NA
NA
NA
NA
NA
C (7)
P (8)
Other dredging for navigation
Dredge material disposal
Dredging for fill
ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT)
ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) (10)
FENCES
NA
NA
X
X
NA
NA
P
P
C
C
P (11)
P
NA
NA
NA
NA
C (9)
X
X
X
X
X
NA
NA
NA
NA
P
P
P
P
X
P
C
C
C
C
C
C (11)
P
C (11)
P
X
FILL
General
Fill for remediation, flood hazard reduction or ecological
restoration
C (12)
P (13)
P
P
C (12)
P (13)
P
P
C (12)
P (13)
P
P
C (12)
P (13)
Produced by the City of Tukwila, City Clerk's Office
Page 18-12161
TITLE 18 — ZONING
P = May be —_permitted subject to development standards.
C = May be permitted as a Shoreline Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non-
Buffer
FLOOD HAZARD MANAGEMENT
Flood hazard reduction (14)
P
P
P
P
P
P
P
Shoreline stabilization (15)
P
P
P
P
P
P
P
INDUSTRIAL (16)
General
X
X
P (3)
P
P (3)
P (2)
P (3)
Animal rendering
X
X
X
C
X
X
X
Cement manufacturing
X
X
X
C
X
C (2)
X
Hazardous substance processing and handling & hazardous waste
treatment and storage facilities (on or off -site) (17)
X
X
X
X
X
X
X
Rock crushing, asphalt or concrete batching or mixing, stone
cutting, brick manufacture, marble works, and the assembly of
products from the above materials
X
X
X
C
X
C (2)
X
Salvage and wrecking operations
X
X
X
C
X
C (2)
X
Tow -truck operations, subject to all additional State and local
regulations
X
X
X
C
X
P (2)
X
Truck terminals
X
X
X
P
X
P (2)
X
Water -oriented uses
X
X
C
P
C
P
C
Water -dependent uses (17)
X
X
P (4)
P
P (4)
P
P
MINING
General
X
X
X
X
X
X
X
OVERWATER STRUCTURES (18)
Piers, docks, and other overwater structures
P (19)
NA
P (20)
NA
P (20)
NA
P (20,21)
Vehicle bridges (public)
P (31,4)
P (31)
P (31,4)
P (31)
P (31,4)
P (31)
P (31)
Vehicle bridge (private)
C
C
C
C
C
C
C
Public pedestrian bridges
P
P
P
P
P
P
P
PARKING —ACCESSORY
Parking areas limited to the minimum necessary to support
permitted or conditional uses
X
P (5)
X
P
X
P
X
RECREATION
Recreation facilities (commercial — indoor)
X
X
X
P
X
P (22)
X
Recreation facilities (commercial — outdoor)
X
X
C (23,24)
C (24)
C (23,24)
C (24)
X
Recreation facilities, including boat launching (public)
P (23)
P
P
(23,24,25)
C
P (23,25)
P
P (3)
Public and private promenades, footpaths, or trails
P
P
P (26)
P
P (26)
P
X
RESIDENTIAL — SINGLE FAMILY/MULTI-FAMILY
Dwelling
X (27)
P
X
P
X
X
X
Houseboats
X
X
X
X
X
X
X
Live-aboards
X
X
X
X
X
X
P (21,28)
Patios and decks
P (29)
P
P (29)
P
P
P
X
Signs (30)
P
P
P
P
P
P
X
Shoreline Restoration
P
P
P
P
P
P
P
TRANSPORTATION
General
C
C
C
C
C
C
C (3)
Park & ride lots
X
X
X
C (9)
X
C (9)
X
Levee maintenance roads
P (32)
P (32)
P (32)
P (32)
P (32)
P (32)
NA
Railroad
X
P
X
X
X
X
X
Prpjced by the City of Tukwila, City Clerk's Office
Page 18-127
TITLE 18 - ZONING
P = May be —_permitted subject to development standards.
C = May be permitted as a Shoreline Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non-
Buffer
UTILITIES
General (10)
P (4)
P
P (4)
P
P (4)
P
C
Provision, distribution, collection, transmission, or disposal of
refuse
X
X
X
X
X
X
X
Hydroelectric and private utility power generating plants
X
X
X
X
X
X
X
Wireless towers
X
X
X
X
X
X
X
Support facilities, such as outfalls
P (33)
P
P (33)
P
P (33)
P
C (33)
Regional detention facilities
X
X
P (34)
P (34)
P (34)
P (34)
X
USES NOT SPECIFIED
C
C
C
C
C
C
C
* This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline
substantial development permit and other permits.
(1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew
pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing.
(2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the
shoreline is not feasible due to the configuration of the shoreline and water body.
(3) Permitted only if water dependent.
(4) Structures greater than 35 feet tall require a conditional use permit.
(5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation
Protection and Landscaping section.
(6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use.
(7) Conditionally allowed when in compliance with all federal and state regulations.
(8) Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized
location, depth and width.
(9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided.
(10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction.
(11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there
is a demonstrated need to ensure public safety and security of property. _The fence shall not extend waterward beyond the top of the bank.
Chain -link fences must be vinyl coated.
(12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of
statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally
allowed.
(13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted.
(14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter.
(15) Permitted when consistent with TMC Scction 18.44.050.F.
(16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods
with supportive office and commercial uses._Examples include manufacturing processing and/or assembling such items as electrical or
mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food,
pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment;
and internet data centers.
(17) Subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, Section 9, SMP).
(18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management.
(19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not
available or feasible:
(a) Commercial or marina moorage;
(b) Floating moorage buoys;
(c) Joint use moorage pier/dock.
(20) Permitted if associated with water -dependent uses, public access, recreation, flood control, channel management or ecological restoration.
(21) Boats may only be moored at a dock or marina.- No boats may be moored on tidelands or in the river channel.
(22) Limited to athletic or health clubs.
(23) Recreation structures such as benches, tables, viewpoints, and picnic shelters are permitted in the buffer provided no such structure shall block
views to the shoreline from adjacent properties.
(24) Permitted only if water oriented.
(25) Parks, recreation and open space facilities operated by public agencies and non-profit organizations are permitted.
(26) Plaza connectors between buildings and levees, not exceeding the height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping purposes.
(27) Additional development may be allowed consistent with TMC Scction 18.44.110.G.2.f.—_A shoreline conditional use permit is required for water
oriented accessory structures that exceed the height limits of the Shoreline Residential Environment.
(28) Permitted only in the Aquatic Environment and subject to the criteria in TMC Scction 18.44.050.K.sd
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Page 18-12163
TITLE 18 — ZONING
(29) Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18 inches in height and are limited to a maximum of
200 square feet and 50% of the width of the river frontage, whichever is smaller. Decks or patios must be located landward of the top of the
bank and be constructed to be pervious and of environmentally -friendly materials. —_If a deck or patio will have an environmental impact in the
shoreline buffer, then commensurate mitigation shall be required.
(30) Permitted when consistent with TMC Section 18.44.050.L.
(31) Permitted only if connecting public rights -of -way.
(32) May be co -located with fire lanes.
(33) Allowed if they require a physical connection to the shoreline to provide their support function, provided they are located at or below grade and
as far from the OHWM as technically feasible.
(34) Regional detention facilities that meet the City's Infrastructure Design and Construction Standards along with their supporting elements such as
ponds, piping, filter systems and outfalls vested as of the effective date of this program or if no feasible alternative location exists. Any regional
detention facility located in the buffer shall be designed such that a fence is not required, planted with native vegetation, designed to blend
with the surrounding environment, and provide design features that serve both public and private use, such as an access road that can also
serve as a trail. —The facility shall be designed to locate access roads and other impervious surfaces as far from the river as practical.
18.44.040 Shoreline Buffers
Buffer widths. —_The following shoreline buffer widths apply in
shoreline jurisdiction.
Environment
Shoreline Residential
Urban
Conservancy
Buffer width (1)(2) Modification
50 feet OR the area (3)
needed to achieve a
slope no steeper
than _2.5:1,
measured from the
toe of the bank to
the top of the bank,
plus 20 linear feet
measured from the
top of the bank
landward, whichever
is greater
Areas 100 feet (4)
without
levees
Areas with 125 feet (5)
levees
High Intensity 100 feet
Aquatic Not Applicable
(4)
(1) Unless otherwise noted, all buffers are measured
landward from the OHWM.
(2) In any shoreline environment where an existing improved
street or road runs parallel to the river through the buffer, the buffer
ends on the river side of the edge of the improved right-of-way.
(3) Removal of invasive species and replanting with native
species of high habitat value is voluntary unless triggered by
requirement for a Shoreline Substantial Development permit.
(4) The Director may reduce the standard buffer on a case -
by -case basis by up to 50% upon construction of the following
cross section:
fOr.r a27 4 8 2n2m
(a) Reslope bank from toe to be no steeper than 3:1 in
the Urban Conservancy Environment or reslope bank from OHWM
(not toe) to be no steeper than 3:1 in the High Intensity
Environment, using bioengineering techniques; and
(b) Minimum 20-foot buffer landward from top of bank;
and
(c) Bank and remaining buffer to be planted with native
species with high habitat value.
Maximum slope is reduced due to measurement from OHWM
and to recognize location in the Transition Zone where pronounced
tidal influence makes work below OHWM difficult.
Any buffer reduction proposal must demonstrate to the
satisfaction of the Director that it will not result in direct, indirect or
long-term adverse impacts to the river. In all cases a buffer
enhancement plan must also be approved and implemented as a
condition of the reduction. —_The plan must include using a variety
of native vegetation that improves the functional attributes of the
buffer and provides additional protection for the shoreline
ecological functions.
(5) Upon reconstruction of levee to the levee standards of this
chapter, the Director may reduce the buffer to actual width required
for the levee. If fill is placed along the back slope of a new levee,
the buffer may be reduced to the point where the ground plane
intersects the back slope of the levee. If the property owner
provides a levee maintenance easement landward from the
landward toe of the levee or levee wall which:—_1) meets the width
required by the agency providing maintenance; 2) prohibits the
construction of any structures; and 3) allows the City to access the
area to inspect the levee —_and make any necessary repairs, then
the Director may place that area outside of the shoreline buffer and
allow incidental uses in the area, such as parking.
(Ord. 2627 §19, 2020)
Prpjced by the City of Tukwila, City Clerk's Office
Page 18-129
TITLE 18 — ZONING
18.44.050 Development Standards
A. Applicability. —_The development standards of this
chapter apply to work that meets the definition of substantial
development except for vegetation removal per TMC Section
18.44.060, which applies to all shoreline development. The term
"substantial development" applies to non -conforming, new or re-
development. Non -conforming uses, structures, parking lots and
landscape areas, will be governed by the standards in TMC
Section 18.44.110.G, "Non -Conforming Development."
B. Shoreline Residential Development Standards. — _A
shoreline substantial development permit is not required for
construction within the Shoreline Residential Environment by an
owner, lessee or contract purchaser of a single family residence for
his/her own use or for the use of a family member.— Such
construction and all normal appurtenant structures must otherwise
conform to this chapter. _Short subdivisions and subdivisions are
not exempt from obtaining a Shoreline Substantial Development
Permit.
1. Shoreline Residential Environment Standards.
The following standards apply to the Shoreline Residential
Environment:
a. The development standards of the applicable
underlying zoning district {Title 18, Tukwila Municipal Code) shall
apply.
b. New development and uses must be sited so as
to allow natural bank inclination of 3:1 slope with a 20-foot setback
from the top of the bank.— The Director may require a Riverbank
Analysis as part of any development proposal.
c. Utilities such as pumps, pipes, etc., shall be
suitably screened with native vegetation per the standards in the
Vegetation Protection and Landscaping Section, TMC Section
18.44.060.
d. New shoreline stabilization, repair of existing
stabilization or modifications to the river bank must comply with the
standards in the Shoreline Stabilization Section, TMC Section
18.44.050.F.
e. Short plats of five to nine lots or format
subdivisions must be designed to provide public access to the river
in accordance with the Public Access Section, TMC Section
18.44.080.—_Signage is required to identify the public access
point(s).
f. Parking facilities associated with single family
residential development or public recreational facilities are subject
to the specific performance standards set forth in the Off -Street
Parking Section, TMC Section 18.44.050.1.
g. Fences, freestanding walls or other structures
normally accessory to residences must not block views of the river
from adjacent residences or extend waterward beyond the top of
the bank. —_Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer
must provide buffer mitigation.
i. The outside edge of surface transportation
facilities, such as railroad tracks, streets, or public transit shall be
located no closer than 50 feet from the OHWM, except where the
surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility
structures, and water -dependent uses and their structures, the
maximum height for structures shall be 30 feet. —_For bridges,
approved above ground utility structures, and water -dependent
uses and their structures, the height limit shall be as demonstrated
necessary to accomplish the structure's primary purpose. -_Bridges,
approved above ground utility structures, and water -dependent
uses and their structures greater than 35 feet in height require
approval of a Shoreline Conditional Use Permit.
2. Design Review.— Design review is required for non-
residential development in the Shoreline Residential Environment.
C. High Intensity, Urban Conservancy and Aquatic
Environment Development Standards.
1. Standards. —_The following standards apply in the
High Intensity, Urban Conservancy and Aquatic Environments.
a. The development standards for the applicable
underlying zoning district (Title 18, Tukwila Municipal Code) shall
apply.
b. All new development performed by public
agencies, or new multi -family, commercial, or industrial
development shall provide public access in accordance with the
standards in the Public Access to the Shoreline Section, TMC
Section 18.44.080.
c. Development or re -development of properties in
areas of the shoreline armored with revetments or other hard
armoring other than levees, or with non -armored river banks, must
comply with the Vegetation Protection and Landscaping Section,
TMC Section 18.44.060.
d. Any new shoreline stabilization or repairs to
existing stabilization must comply with Shoreline Stabilization
Section, TMC Section 18.44.050.F.
e. Over -water structures shall be allowed only for
water -dependent uses and the size limited to the minimum
necessary to support the structure's intended use and shall result
in no net loss to shoreline ecological function.— Over -water
structures must comply with the standards in the Over -water
Structures Section, TMC Section 18.44.050.K.
2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer
width established for the applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor
feature that provides access to the shoreline is not required to meet
a setback from the OHWM.
3. Height Restrictions. —_Except for bridges, approved
above ground utility structures, and water -dependent uses and
their structures, to preserve visual access to the shoreline and
avoid massing of tall buildings within the shoreline jurisdiction, the
maximum height for structures shall be as follows:
a. 15 feet where located within the Shoreline Buffer;
b. 65 feet between the outside landward edge of the
Shoreline Buffer and 200 feet of the OHWM.
Produced by the City of Tukwila, City Clerk's Office
Page 18-13265
TITLE 18 — ZONING
c. 35 feet above average grade level on shorelines
of the State that will obstruct the view of a substantial number of
residences on areas adjoining such shorelines.- For any building
that is proposed to be greater than 35 feet in height in the shoreline
jurisdiction, the development proponent must demonstrate the
proposed building will not block the views of a substantial number
of residences. -_The Director may approve a 15 foot increase in
height for structures within the shoreline jurisdiction if the project
proponent provides restoration and/or enhancement of the entire
shoreline buffer, beyond what may otherwise be required including,
but not limited to, paved areas no longer in use on the property in
accordance with the standards of TMC Section 18.44.060,
"Vegetation Protection and Landscaping." -_If the required buffer
has already been restored, the project proponent may provide a
20% wider buffer, planted in accordance with TMC Section
18.44.060, "Vegetation Protection and Landscaping," in order to
obtain the 15-foot increase in height.
4. Lighting. -_In addition to the lighting standards in
TMC Chapter 18.60, "Board of ArchitecturalDesign Review,"
lighting for the site or development shall be designed and located
so that:
a. The minimum light levels in parking areas and
paths between the building and street shall be one -foot candle.
b. Lighting shall be designed to prevent Tight
spillover and glare on adjacent properties and on the river channel
to the maximum extent feasible, be directed downward so as to
illuminate only the immediate area, and be shielded to eliminate
direct off -site illumination.
c. The general grounds need not be lighted.
d. The lighting is incorporated into a unified
landscape and/or site plan.
D. Surface Water and Water Quality. —_The following
standards apply to all shoreline development.
1. New surface water systems shall not discharge
directly into the river or streams tributary to the river without pre-
treatment to reduce pollutants and meet State water quality
standards. —_Such pre-treatment may consist of biofiltration,
oil/water separators, or other methods approved by the City of
Tukwila Public Works Department.
2. Shoreline development, uses and activities shall not
cause any increase in surface runoff, and shall have adequate
provisions for storm water detention/infiltration.
3. Stormwater outfalls must be designed so as to cause
no net Toss of shoreline ecological functions or adverse impacts
where functions are impaired. —_New stormwater outfalls or
maintenance of existing outfalls must include shoreline restoration
as part of the project.
4. Shoreline development and activities shall have
adequate provisions for sanitary sewer.
5. Solid and liquid wastes and untreated effluents shall
not be allowed to enter any bodies of water or to be discharged
onto shorelands.
6. The use of low impact development techniques is
required, unless such techniques conflict with other provisions of
the SMP or are shown to not be feasible due to site conditions.
E. Flood Hazard Reduction. —_The following standards
apply to all shoreline development.
1. New structural flood hazard reduction structures shall
be allowed only when it can be demonstrated by a Riverbank
Analysis that:
a. They are necessary to protect existing
development;
b. Non-structural measures are not feasible; and
c. Impacts to ecological functions and priority
species and habitats can be successfully mitigated so as to assure
no net loss.
2. Flood hazard structures must incorporate
appropriate vegetation restoration and conservation actions
consistent with the standards of the Vegetation Protection and
Landscaping Section, TMC Section 18.44.060.
3. Publicly -funded structural measures to reduce flood
hazards shall improve public access or dedicate and provide public
access unless public access improvements would cause
unavoidable health or safety hazards to the public, inherent and
unavoidable security problems, or significant ecological impacts
that cannot be mitigated.
4. Rehabilitation or replacement of existing flood control
structures, such as levees, with a primary purpose of containing
the 1% to 0.02% annual chance flood event, shall be allowed
where it can be demonstrated by an engineering analysis that the
existing structure:
a. Does not provide an appropriate level of
protection for surrounding lands; or
b. Does not meet a 3:1 riverside slope or other
appropriate engineering design standards for stability (e.g., over -
steepened side slopes for existing soil and/or flow conditions); and
c. Repair of the existing structure will not cause or
increase significant adverse ecological impacts to the shoreline.
5. Rehabilitated or replaced flood hazard reduction
structures shall not extend the toe of slope any further waterward
of the OHWM than the existing structure.
6. New structural flood hazard reduction measures,
such as levees, berms and similar flood control structures shall be
placed landward of the floodway as determined by the best
information available.
7. New, redeveloped or replaced structural flood hazard
reduction measures shall be placed landward of associated
wetlands, and designated fish and wildlife habitat conservation
areas.
8. No commercial, industrial, office or residential
development shall be located within a floodplain without a Flood
Control Zone Permit issued by the City. -_No development shall be
located within a floodway except as otherwise permitted.
9. New, redeveloped or replaced flood hazard reduction
structures must have an overall waterward slope no steeper than
3:1 unless it is not physically possible to achieve such as slope. -_A
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Page 18-131
TITLE 18 — ZONING
floodwall may be substituted for all or a portion of a levee back
slope where necessary to avoid encroachment or damage to a
structure legally constructed prior to the date of adoption of this
subsection, if structure has not lost its nonconforming status, or to
allow area for waterward habitat restoration development. -_The
floodwall shall be designed to provide 15 feet of clearance between
the levee and the building, or to preserve access needed for
building functionality while meeting all engineering safety
standards. A floodwall may also be used where necessary to
prevent the levee from encroaching upon a railroad easement
recorded prior to the date of adoption of this subsection.
F. Shoreline Stabilization. -_The provisions of this section
apply to those structures or actions intended to minimize or prevent
erosion of adjacent uplands and/or failure of riverbanks resulting
from waves, tidal fluctuations or river currents. —_Shoreline
stabilization or armoring involves the placement of erosion
resistant materials (e.g., large rocks and boulders, cement, pilings
and/or large woody debris (LWD)) or the use of bioengineering
techniques to reduce or eliminate erosion of shorelines and risk to
human infrastructure. -This form of shoreline stabilization is distinct
from flood control structures and flood hazard reduction measures
(such as levees). -_The terms "shoreline stabilization," "shoreline
protection" and "shoreline armoring" are used interchangeably.
1. Shoreline protection shall not be considered an
outright permitted use and shall be permitted only when it has been
demonstrated through a Riverbank Analysis and report that
shoreline protection is necessary for the protection of existing
legally established structures and public improvements.
2. New development and re -development shall be
designed and configured on the lot to avoid the need for new
shoreline stabilization. -_Removal of failing shoreline stabilization
shall be incorporated into re -development design proposals
wherever feasible.
3. Replacement of lawfully established, existing
bulkheads or revetments are subject to the following priority
system:
a. The first priority for replacement of bulkheads or
revetments shall be landward of the existing bulkhead.
b. The second priority for replacement of existing
bulkheads or revetments shall be to replace in place (at the
bulkhead's existing location).
4. When evaluating a proposal against the above
priority system, at a minimum the following criteria shall be
considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads;
d. Impact to shoreline ecological functions; and,
e. Impact to river hydraulics, potential changes in
geomorphology, and to other areas of the shoreline.
5. Proponents of new or replacement hard shoreline
stabilization (e.g. bulkheads or revetments) must demonstrate
through a documented Riverbank Analysis that bioengineered
shoreline protection measures or bioengineering erosion control
designs will not provide adequate upland protection of existing
structures or would pose a threat or risk to adjacent property. _The
Study must also demonstrate that the proposed hard shoreline
stabilization will not adversely affect other infrastructure or
adjacent shorelines.
6. Shoreline armoring such as riprap rock revetments
and other hard shoreline stabilization techniques are detrimental to
river processes and habitat creation. -_Where allowed, shoreline
armoring shall be designed, constructed and maintained in a
manner that does not result in a net loss of shoreline ecological
functions, including fish habitat, and shall conform to the
requirements of the 2004 Washington State Department of Fish
and Wildlife (as amended) criteria and guidelines for integrated
stream bank protection and shall conform to the requirements of
the 2004 Washington State Department of Fish and Wildlife criteria
and guidelines for Integrated Stream Bank Protection (2003 as
amended), the U. S. Army Corps of Engineers standards (if
required), and other regulatory requirements. -_The hard shoreline
stabilization must be designed and approved by an engineer
licensed in the State of Washington and qualified to design
shoreline stabilization structures.
7. Shoreline armoring shall be designed to the minimum
size, height, bulk and extent necessary to remedy the identified
hazard.
8. An applicant must demonstrate the following in order
to qualify for the RCW 90.58.030(3)(e)(ii) exemption from the
requirement to obtain a shoreline substantial development permit
for a proposed single family bulkhead and to insure that the
bulkhead will be consistent with the SMP:
a. Erosion from currents or waves is imminently
threatening a legally established single family detached dwelling
unit or one or more appurtenant structures; and
b. The proposed bulkhead is more consistent with
the City's Master Program in protecting the site and adjoining
shorelines and that non-structural alternatives such as slope
drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally
established residence or appurtenant structure; and
c. The proposed bulkhead is located landward of the
OHWM or it connects to adjacent, legally established bulkheads;
and
d. The maximum height of the proposed bulkhead is
no more than one foot above the elevation of extreme high water
on tidal waters as determined by the National Ocean Survey
published by the National Oceanic and Atmospheric
Administration.
9. Bulkheads or revetments shall be constructed of
suitable materials that will serve to accomplish the desired end with
maximum preservation of natural characteristics. -Materials with
the potential for water quality degradation shall not be used. Design
and construction methods shall consider aesthetics and habitat
protection.- Automobile bodies, tires or other junk or waste material
that may release undesirable chemicals or other material shall not
be used for shoreline protection.
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TITLE 18 — ZONING
10. The builder of any bulkhead or revetment shall be
financially responsible for determining the nature and the extent of
probable adverse effects on fish and wildlife or on the property of
others caused by his/her construction and shall propose and
implement solutions approved by the City to minimize such effects.
11. When shoreline stabilization is required at a public
access site, provision for safe access to the water shall be
incorporated in the design whenever possible.
12. Placement of bank protection material shall occur
from the top of the bank and shall be supervised by the property
owner or contractor to ensure material is not dumped directly onto
the bank face.
13. Bank protection material shall be clean and shall be
of a sufficient size to prevent its being washed away by high water
flows.
14. When riprap is washed out and presents a hazard to
the safety of recreational users of the river, it shall be removed by
the owner of such material.
15. Bank protection associated with bridge construction
and maintenance may be permitted subject to the provisions of the
SMP and shall conform to provisions of the State Hydraulics Code
(RCW Chapter 77.55) and U.S. Army Corps of Engineer
regulations.
G. Archaeological, Cultural and Historical Resources.
In addition to the requirements of TMC 18.50.110,
Archaeological/Paleontological Information Preservation
Requirements, the following regulations apply.
1. All land use permits for projects within the shoreline
jurisdiction shall be coordinated with affected tribes.
2. If the City determines that a site has significant
archaeological, natural scientific or historical value, a substantial
development that would pose a threat to the resources of the site
shall not be approved.
3. Permits issued in areas documented to contain
archaeological resources require a site inspection or evaluation by
a professional archaeologist in coordination with affected Indian
tribes. —_The City may require that development be postponed in
such areas to allow investigation of public acquisition potential,
retrieval and preservation of significant artifacts and/or
development of a mitigation plan. —_Areas of known or suspected
archaeological middens shall not be disturbed and shall be fenced
and identified during construction projects on the site.
4. Developers and property owners shall immediately
stop work and notify the City of Tukwila, the Washington
Department of Archaeology and Historic Preservation and affected
Indian tribes if archaeological resources are uncovered during
excavation.
5. In the event that unforeseen factors constituting an
emergency, as defined in RCW 90.58.030, necessitate rapid action
to retrieve or preserve artifacts or data identified above, the project
may be exempted from any shoreline permit requirements. —_The
City shall notify the Washington State Department of Ecology, the
State Attorney General's Office and the State Department of
Archaeology and Historic Preservation Office of such an exemption
in a timely manner.
6. Archaeological excavations may be permitted
subject to the provision of this chapter.
7. On sites where historical or archaeological resources
have been identified and will be preserved in situ, public access to
such areas shall be designed and managed so as to give maximum
protection to the resource and surrounding environment.
8. Interpretive signs of historical and archaeological
features shall be provided subject to the requirements of TMC
Section 18.44.080, "Public Access to the Shoreline," when such
signage does not compromise the protection of these features from
tampering, damage and/or destruction.
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall at a
minimum occur in a manner that results in no net loss of shoreline
ecological functions through the careful location and design of all
allowed development and uses. —_In cases where impacts to
shoreline ecological functions from allowed development and uses
are unavoidable, those impacts shall be mitigated according to the
provisions of this section; in that event, the "no net loss" standard
is met.
2. To the extent Washington's State Environmental
Policy Act of 1971 (SEPA), chapter RCW 43.21C RCW, is
applicable, the analysis of environmental impacts from proposed
shoreline uses or developments shall be conducted consistent with
the rules implementing SEPA (TMC Chapter 21.04 and WAC 197-
11).
3. For all development, mitigation sequencing shall be
applied in the following order of priority:
a. Avoiding the impact altogether by not taking a
certain action or parts of an action.
b. Minimizing impacts by limiting the degree or
magnitude of the action and its implementation by using
appropriate technology or by taking affirmative steps to avoid or
reduce impacts.
c. Rectifying the impact by repairing, rehabilitating,
or restoring the affected environment.
d. Reducing or eliminating the impact over time by
preservation and maintenance operations.
e. Compensating for the impact by replacing,
enhancing, or providing substitute resources or environments.
f. Monitoring the impact and the compensation
projects and taking appropriate corrective measures.
4. In determining appropriate mitigation measures
applicable to shoreline development, lower priority measures shall
be applied only where higher priority measures are determined by
the City to be infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant
to the priority of mitigation sequencing above, preferential
consideration shall be given to measures that replace the impacted
functions directly and in the immediate vicinity of the impact.
However, if mitigation in the immediate vicinity is not scientifically
feasible due to problems with hydrology, soils, waves or other
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Page 18-133
TITLE 18 — ZONING
factors, then off -site mitigation within the Shoreline Jurisdiction
may be allowed if consistent with the Shoreline Restoration Plan.
Mitigation for projects in the Transition Zone must take place in the
Transition Zone.— In the event a site is not available in the
Transition Zone to carry out required mitigation, the project
proponent may contribute funds equivalent to the value of the
required mitigation to an existing or future restoration project
identified in the CIP to be carried out by a public agency in the
Transition Zone.
I. Off Street Parking and Loading Requirements. —in
addition to the parking requirements in TMC Chapter 18.56, the
following requirements apply to all development in the shoreline
jurisdiction.
1. Any parking, loading, or storage facilities located
between the river and any building must incorporate additional
landscaping in accordance with TMC Section 18.44.060,
"Vegetation Protection and Landscaping," or berming or other site
planning or design techniques to reduce visual and/or
environmental impacts from the parking areas utilizing the following
screening techniques:
a. A solid evergreen screen of trees and shrubs a
minimum of six feet high; or
b. Decorative fence a maximum of six feet high with
landscaping. —_Chain link fence, where allowed, shall be vinyl
coated and landscaped with native trailing vine or an approved
non-native vine other than ivy, except where a security or safety
hazard may exist; or
c. Earth berms at a minimum of four feet high,
planted with native plants in accordance with the Vegetation
Protection and Landscaping Section, TMC Section 18.44.060.
2. Where a parking area is located in the shoreline
jurisdiction and adjacent to a public access feature, the parking
area shall be screened by a vegetative screen or a built structure
that runs the entire length of the parking area adjacent to the
amenity. —_The landscape screening shall comply with the
Vegetation Protection and Landscaping Section, TMC Section
18.44.060.
3. Where public access to or along the shoreline exists
or is proposed, parking areas shall provide pedestrian access from
the parking area to the shoreline.
4. Parking facilities, loading areas and paved areas
shall incorporate low impact development techniques wherever
feasible, adequate storm water retention areas, oil/water
separators and biofiltration swales, or other treatment techniques
and shall comply with the standards and practices formally adopted
by the City of Tukwila Public Works Department.
J. Land Altering Activities.—_AII land altering activities in
the shoreline jurisdiction shall be in conjunction with an underlying
land development permit, except for shoreline restoration projects.
All activities shall meet the following standards:
1. Clearing, Grading and Landfill.
a. Land altering shall be permitted only where it
meets the following criteria:
(1) The work is the minimum necessary to
accomplish an allowed shoreline use;
(2) Impacts to the natural environment are
minimized and mitigated;
(3) Water quality, river flows and/or fish habitat
are not adversely affected;
(4) Public access and river navigation are not
diminished;
(5)
state requirements;
(6) The project complies with the vegetation
protection criteria of the Vegetation Protection and Landscaping
Section, TMC Section 18.44.060;
(7) The project will achieve no net loss of
shoreline ecological functions or processes. —_In cases where
impacts to shoreline ecological functions from an otherwise
allowed land altering project are unavoidable, those impacts shall
be mitigated according to the provisions of TMC Section
18.44.050.H above. —_In that event, the "no net loss" standard is
met; and
(8) Documentation is provided to demonstrate
that the fill comes from a clean source.
b. Clearing, grading and landfill activities, where
allowed, shall include erosion control mechanisms, and any
reasonable restriction on equipment, methods or timing necessary
to minimize the introduction of suspended solids or leaching of
contaminants into the river, or the disturbance of wildlife or fish
habitats in accordance with the standards in TMC Chapter 16.54,
"Grading."
2. Dredging.
a. Dredging activities must comply with all federal
and state regulations.— Maintenance dredging of established
navigation channels and basins must be restricted to maintaining
previously dredged and/or existing authorized location, depth, and
width.
b. Where allowed, dredging operations must be
designed and scheduled so as to ensure no net loss to shoreline
ecological functions or processes. —_In cases where impacts to
shoreline ecological functions from allowed dredging are
unavoidable, those impacts shall be mitigated according to the
provisions of TMC Section 18.44.050.H above; in that event, the
"no net loss" standard is met.
K. Marinas, Boat Yards, Dry Docks, Boat Launches,
Piers, Docks and Other Over -water Structures.
1. General Requirements.
a. A dock may be allowed when the applicant has
demonstrated a need for moorage to the satisfaction of the Director
of Community Development and that the following alternatives
have been investigated and are not available or feasible:
(1) commercial or marina moorage;
(2) floating moorage buoys;
(3) joint use moorage pier/dock.
The Director shall use the following criteria to
determine if the applicant has demonstrated a need for moorage:
The project complies with all federal and
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(a) Applicant has provided adequate
documentation from a commercial marina within 5 river miles that
moorage is not available.
(b) Floating moorage buoy is technically
infeasible as determined by a professional hydrologist.
(c) Applicant has provided adequate
documentation from any existing moorage pier/dock owner within
5 river miles that joint use is not possible.
b. Prior to issuance of a Shoreline Substantial
Development Permit for construction of piers, docks, wharves or
other over -water structures, the applicant shall present proof of
application submittal to State or Federal agencies, as applicable.
c. Structures must be designed by a qualified
engineer and must demonstrate the project will result in no net loss
of shoreline ecological function and will be stable against the forces
of flowing water, wave action and the wakes of passing vessels.
d. In -water structures shall be designed and located
to minimize shading of native aquatic vegetation and fish passage
areas. -_Removal of shoreline, riparian and aquatic vegetation shall
be limited to the minimum extent necessary to construct the
project. -_All areas disturbed by construction shall be replanted with
native vegetation as part of the project.
e. New or replacement in -water structures shall be
designed and located such that natural hydraulic and geologic
processes, such as erosion, wave action or floods will not
necessitate the following:
(1) reinforcement of the shoreline or stream
bank with new bulkheads or similar artificial structures to protect
the in -water structure; or
(2) dredging.
f. No structures are allowed on top of over -water
structures except for properties located north of the Turning Basin.
g. Pilings or other associated structures in direct
contact with water shall not be treated with preservatives unless
the applicant can demonstrate that no feasible alternative to protect
the materials exists and that non -wood alternatives are not
economically feasible.- In that case, only compounds approved for
marine use may be used and must be applied by the manufacturer
per current best management practices of the Western Wood
Preservers Institute. -_The applicant must present verification that
the best management practices were followed._The preservatives
must also be approved by the Washington Department of Fish and
Wildlife.
h. All over -water structures shall be constructed and
maintained in a safe and sound condition.- Abandoned or unsafe
over -water structures shall be removed or repaired promptly by the
owner.— Accumulated debris shall be regularly removed and
disposed of properly so as not to jeopardize the integrity of the
structure. -_Replacement of in -water structures shall include proper
removal of abandoned or other man-made structures and debris.
i. Boat owners who store motorized boats on -site
are encouraged to use best management practices to avoid fuel
and other fluid spills.
2. Marinas, Boat Yards and Dry Docks.
a. All uses under this category shall be designed to
achieve no net loss of shoreline ecological functions. -_In cases
where impacts to shoreline ecological functions from uses allowed
under this category are unavoidable, those impacts shall be
mitigated according to the provisions of TMC Section 18.44.050.H
above; in that event, the "no net loss" standard is met.
b. Commercial/industrial marinas and dry docks
shall be located no further upriver than Turning Basin #3.
c. Marinas shall be located, designed, constructed
and operated to avoid or minimize adverse impacts on fish, wildlife,
water quality, native shoreline vegetation, navigation, public
access, existing in -water recreational activities and adjacent water
uses.
d. Marinas shall submit a fuel spill prevention and
contingency plan to the City for approval. —_Haul -out and boat
maintenance facilities must meet the City's stormwater
management requirements and not allow the release of chemicals,
petroleum or suspended solids to the river.
e. Marinas, boat yards and dry docks must be
located a minimum of 100 feet from fish and wildlife habitat areas.
f. New marinas, launch ramps and accessory uses
must be located where water depths are adequate to avoid the
need for dredging.
3. Boat Launches and Boat Lifts.
a. Boat launch ramps and vehicle access to the
ramps shall be designed to not cause erosion; the use of pervious
paving materials, such as grasscrete, are encouraged.
b. Boat launch ramps shall be designed to minimize
areas of landfill or the need for shoreline protective structures.
c. Access to the boat ramp and parking for the ramp
shall be located a sufficient distance from any frontage road to
provide safe maneuvering of boats and trailers.
d. Launching rails shall be adequately anchored to
the ground.
e. Launch ramps and boat lifts shall extend
waterward past the OHWM only as far as necessary to achieve
their purpose.
f. Boat lifts and canopies must meet the standards
of the U.S. Army Corps of Engineers Regional General Permit
Number 1 for Watercraft Lifts in Fresh and Marine/Estuarine
Waters within the State of Washington.
4. Over -water Structures.- Where allowed, over -water
structures such as piers, wharves, bridges, and docks shall meet
the following standards:
a. The size of new over -water structures shall be
limited to the minimum necessary to support the structure's
intended use and to provide stability in the case of floating docks.
Structures must be compatible with any existing channel control or
flood management structures.
b. Over -water structures shall not extend waterward
of the OHWM any more than necessary to permit launching of
watercraft, while also ensuring that watercraft do not rest on tidal
substrate at any time.
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c. Adverse impacts of over -water structures on
water quality, river flows, fish habitat, shoreline vegetation, and
public access shall be minimized and mitigated. —_Mitigation
measures may include joint use of existing structures, open
decking or piers, replacement of non-native vegetation, installation
of in -water habitat features or restoration of shallow water habitat.
d. Any proposals for in -water or over -water
structures shall provide a pre -construction habitat evaluation,
including an evaluation of salmonid and bull trout habitat and
shoreline ecological functions, and demonstrate how the project
achieves no net loss of shoreline ecological functions.
e. Over -water structures shall obtain all necessary
state and federal permits prior to construction or repair.
f. All over -water structures must be designed by a
qualified engineer to ensure they are adequately anchored to the
bank in a manner so as not to cause future downstream hazards
or significant modifications to the river geomorphology and are able
to withstand high flows.
g. Over -water structures shall not obstruct normal
public use of the river for navigation or recreational purposes.
h. Shading impacts to fish shall be minimized by
using grating on at least 30% of the surface area of the over -water
structure on residential areas and at least 50% of the over -water
structure on all other properties. -_This standard may be modified
for bridges if necessary to accommodate the proposed use. The
use of skirting is not permitted.
i. If floats are used, the flotation shall be fully
enclosed and contained in a shell (such as polystyrene) that
prevents breakup or loss of the flotation material into the water,
damage from ultraviolet radiation, and damage from rubbing
against pilings or waterborne debris.
j. Floats may not rest on the tidal substrate at any
time and stoppers on the piling anchoring the floats must be
installed to ensure at least 1 foot of clearance above the substrate.
Anchor lines may not rest on the substrate at any time.
k. The number of pilings to support over -water
structures, including floats, shall be limited to the minimum
necessary. —_Pilings shall conform to the pilings standards
contained in the US Army Corps of Engineers Regional General
Permit No. 6.
I. No over -water structure shall be located closer
than five feet from the side property line extended, except that such
structures may abut property lines for the common use of adjacent
property owners when mutually agreed upon by the property
owners in an easement recorded with King County. -_A copy of this
agreement shall be submitted to the Department of Community
Development and accompany an application for a development
permit and/or Shoreline Permit.
5. Live-Aboards.—New over -water residences are
prohibited.-_Live-aboards may be allowed provided that:
a. They are for single-family use only.
b. They are located in a marina that provides shower
and toilet facilities on land and there are no sewage discharges to
the water.
c. Live-aboards do not exceed 10 percent of the
total slips in the marina.
d. They are owner -occupied vessels.
e. There are on -shore support services in proximity
to the live-aboards.
L. Signs in Shoreline Jurisdiction.
1. Signage within the shoreline buffer is limited to the
following:
a. Interpretative signs and restoration signage,
including restoration sponsor acknowledgment.
b. Signs for water -related uses.
c. Signs installed by a government agency for public
safety along any public trail or at any public park.
d. Signs installed within the rights of way of any
public right-of-way or bridge within the shoreline buffer.
e. Signs installed on utilities and wireless
communication facilities denoting danger or other safety
information, including emergency contact information.
2. Billboards and other off -premise signs are strictly
forbidden in the shoreline buffer.
(Ord. 2627 §20, 2020)
18.44.060 Vegetation Protection and Landscaping
A. Purpose.
1. The purpose of this section is to:
a. Regulate the protection of existing trees and
native vegetation in the shoreline jurisdiction;
b. Establish requirements for removal of invasive
plants at the time of development or re -development of sites;
c. Establish requirements for landscaping for new
development or re -development;
d. Establish requirements for the long-term
maintenance of native vegetation to prevent establishment of
invasive species and promote shoreline ecosystem processes.
2. The City's goal is to:
a. Preserve as many existing trees as possible and
increase the number of native trees, shrubs and other vegetation
in the shoreline because of their importance to shoreline
ecosystem functions as listed below:
(1) Overhead tree canopy to provide shade for
water temperature control;
(2) Habitat for birds, insects and small
mammals;
(3) Vegetation that overhangs the river to
provide places for fish to shelter;
(4) Source of insects for fish;
(5) Filtering of pollutants and slowing of
stormwater prior to its entering the river; and
(6) A long-term source of woody debris for the
river.
b. In addition, trees and other native vegetation are
important for aesthetics.- _It is the City's goal that unsightly invasive
vegetation, such as blackberries, be removed from the shoreline
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TITLE 18 — ZONING
and be replaced with native vegetation to promote greater
enjoyment of and access to the river.
c. The City will provide information- _to property
owners for improving vegetation in the shoreline jurisdiction and
will work collaboratively with local citizen groups to assist property
owners in the removal of invasive vegetation and planting of native
vegetation, particularly for residential areas.
B. Applicability.
1. This chapter sets forth rules and regulations to
control maintenance and clearing of trees and other vegetation
within the City of Tukwila for properties located within the shoreline
jurisdiction.- For properties located within a critical area or its
associated buffer, the maintenance and removal of trees shall be
governed by TMC Chapter 18.45.-_TMC Chapter 18.54, "Urban
Forestry and Tree Regulations" chapter, shall govern tree removal
on any undeveloped land and any land zoned Low Density
Residential (LDR) that is developed with a single family residence.
TMC Chapter 18.52, "Landscape Requirements," shall govern the
maintenance and removal of trees on developed properties that are
zoned commercial, industrial, or multifamily, and on properties
located in the LDR zone that are developed with a non -single family
residential use. -_The most stringent regulations shall apply in case
of a conflict.
2. With the exception of residential development/re-
development of 4 or fewer residential units, all activities and
developments within the shoreline environment must comply with
the landscaping and maintenance requirements of this section,
whether or not a shoreline substantial development permit is
required. -_Single family residential projects are not exempt if
implementing a shoreline stabilization project or overwater
structure.
3. The tree protection and retention requirements and
the vegetation management requirements apply to existing uses
as well as new or re -development.
C. Minor Activities Allowed without a Permit or
Exemption.
1. The following activities are allowed without a permit
or exemption:
a. Maintenance of existing, lawfully established
areas of crop vegetation, landscaping (including paths and trails)
or gardens within shoreline jurisdiction. —_Examples include,
mowing lawns, weeding, harvesting and replanting of garden
crops, pruning, and planting of non-invasive ornamental vegetation
or indigenous native species to maintain the general condition and
extent of such areas. -_Cutting down trees and shrubs within the
shoreline jurisdiction is not covered under this provision.
Excavation, filling, and construction of new landscaping features,
such as concrete work, berms and walls, are not covered in this
provision and are subject to review;
b. Noxious weed control within shoreline jurisdiction,
if work is selective only for noxious species; is done by hand
removal/spraying of individual plants; spraying is conducted by a
licensed applicator (with the required aquatic endorsements from
the Washington State Department of Ecology if work is in an
aquatic site); and no area -wide vegetation removal or grubbing is
conducted. -_Control methods not meeting these criteria may still
be approved under other provisions of this chapter.
D. Tree Retention and Replacement.
1. Retention.
a. As many significant trees and as much native
vegetation as possible are to be retained on a site proposed for
development or re -development, taking into account the condition
and age of the trees. -_As part of a land use application such as but
not limited to subdivision or short plat, design review, or
development permit review, the Director of Community
Development or the Board of Architectural Review may require
alterations in the arrangement of buildings, parking or other
elements of proposed development in order to retain significant
non-invasive trees, particularly those that provide shading to the
river.
b. Topping of trees is prohibited and will be
regulated as removal with tree replacement required.
c. Trees may only be pruned to prevent interference
with an overhead utility line with prior approval by the Director. The
pruning must be carried out under the direction of a Qualified Tree
Professional or performed by the utility provider under the direction
of a Qualified Tree Professional. The crown shall be maintained to
at least 2/3 the height of the tree prior to pruning. Pruning more
than 25% of the canopy in a 36 month period shall be regulated as
removal with tree replacement required.
2. Permit Requirements. -_Prior to any tree removal or
site clearing, a Type 2 Shoreline Tree Removal and Vegetation
Clearing Permit application must be submitted to the Department
of Community Development (DCD) containing the following
information:
a. A vegetation survey on a site plan that shows the
diameter, species and location of all significant trees and all
existing native vegetation.
b. A site plan that shows trees and native vegetation
to be retained and trees to be removed and provides a table
showing the number of significant trees to be removed and the
number of replacement trees required.
c. Tree protection zones and other measures to
protect any trees or native vegetation that are to be retained for
sites undergoing development or re -development.
d. Location of the OHWM, shoreline buffer,
Shoreline Jurisdiction boundary and any critical areas with their
buffers.
e. A landscape plan that shows diameter, species
name, spacing and planting location for any required replacement
trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of
hazardous trees if required by DCD.
g. An application fee per the current Land Use
Permit Fee resolution.
3. Criteria for Shoreline Tree Removal. - _A Type 2
Shoreline Tree Removal and Vegetation Clearing Permit shall only
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Page 18-137
TITLE 18 - ZONING
be approved by the Director of Community Development if the
proposal complies with the following:
a. The site is undergoing development or
redevelopment;
b. The proposal complies with tree retention,
replacement, maintenance, and monitoring requirements of this
chapter; and
c. Either:
(1) Tree poses a risk to structures;
(2) There is imminent potential for root or
canopy interference with utilities;
(3) Trees interfere with the access and
passage on public trails;
(4) Tree condition and health is poor; the City
may require an evaluation by an International Society of Arborists
(ISA) certified arborist; or
(5) Trees present an imminent hazard to the
public. -_If the hazard is not readily apparent, the City may require
an evaluation by an International Society of Arborists (ISA) certified
arborist; and
4. Tree Replacement Requirements.
a. Significant trees that are removed, illegally
topped, or pruned by more than 25 percent in 36 month period
within the shoreline jurisdiction shall be replaced pursuant to the
tree replacement requirements shown below, up to a density of 100
trees per acre (including existing trees).
b. Significant trees that are removed as part of an
approved landscape plan on a developed site are subject to
replacement per TMC Chapter 18.52.—_Dead or dying trees
removed from developed or landscaped areas shall be replaced
1:1 in the next appropriate season for planting.
c. Dead or dying trees located within the buffer or
undeveloped upland portion of the Shoreline Jurisdiction shall be
left in place as wildlife snags, unless they present a hazard to
structures, facilities or the public. -_Removal of non -hazardous trees
as defined by TMC Chapter 18.06 in non -developed areas are
subject to the tree replacement requirements listed in the table
below.
d. The Director or Planning Commission may
require additional trees or shrubs to be installed to mitigate any
potential impact from the loss of this vegetation as a result of new
development.
Tree Replacement Requirements
Diameter* of Tree Removed
(*measured at height of 4.5 feet from
the ground)
Number of Replacement
Trees Required
4 - 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree)
3
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
e. The property owner is required to ensure the
viability and long-term health of trees planted for replacement
through proper care and maintenance for the life of the project.
Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
f. If all required replacement trees cannot be
reasonably accommodated on the site, off -site tree replacement
within the shoreline jurisdiction may be allowed at a site approved
by the City. Priority for off -site tree planting will be at locations
within the Transition Zone. —if no suitable off -site location is
available, the applicant shall pay a fee into a tree replacement fund
per the adopted fee resolution.
5. Large Woody Debris (LWD).-_When a tree suitable
for use as LWD is permitted to be removed from the shoreline
buffer, the tree trunk and root ball (where possible) will be saved
for use in a restoration project elsewhere in the shoreline
jurisdiction. —_The applicant will be responsible for the cost of
moving the removed tree(s) to a location designated by the City.
If no restoration project or storage location is available at the time,
the Director may waive this requirement.- Trees removed in the
shoreline jurisdiction outside the buffer shall be placed as LWD in
the buffer (not on the bank), if feasible. -_Priority for LWD placement
projects will be in the Transition Zone.
E. Tree Protection During Development and
Redevelopment.- All trees not proposed for removal -_as part of a
project or development shall _be protected using Best
Management Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees
designated for retention, on site or on adjacent property as
applicable, shall be identified on all construction plans, including
demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during
construction shall be covered immediately and kept moist with
appropriate materials. The City may require a third -party Qualified
Tree Professional to review long term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or
plywood or other approved equivalent, shall be placed around each
individual tree or grouping at the CRZ.-Minimum distances from
the trunk for the physical barriers shall be based on the
approximate age of the tree (height and canopy) as follows:
a. Young trees (trees which have reached less than
20% of life expectancy): =0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80%
of life expectancy):-_1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached
greater than 80% of life expectancy):-_1.5 feet per inch of trunk
diameter.
4. Alternative protection methods may be used that
provide equal or greater tree protection if approved by the Director.
5. A weatherproof sign shall be installed on the fence or
barrier that reads:
"TREE PROTECTION ZONE - THIS FENCE SHALL
NOT BE REMOVED OR ENCROACHED UPON. No
soil disturbance, parking, storage, dumping or
burning of materials is allowed within the Critical Root
Zone. The value of this tree is $ [insert value of tree
as determined by a Qualified Tree Professional here].
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Damage to this tree due to construction activity that
results in the death or necessary removal of the tree
is subject to the Violations section of TMC Chapter
18.44."
6. All tree protection measures installed shall be
inspected by the City and, if deemed necessary a Qualified Tree
Professional, prior to beginning construction or earth moving.
7. Any branches or limbs that are outside of the CRZ
and might be damaged by machinery shall be pruned prior to
construction by a Qualified Tree Professional. No construction
personnel shall prune affected limbs except under the direct
supervision of a Qualified Tree Professional.
8. The CRZ shall be covered with 4 to 6 inches of wood
chip mulch. Mulch shall not be placed directly against the trunk. A
6-inch area around the trunk shall be free of mulch. Additional
measures, such as fertilization or supplemental water, shall be
carried out prior to the start of construction if deemed necessary by
the Qualified Tree Professional's report to prepare the trees for the
stress of construction activities.
9. No storage of equipment or refuse, parking of
vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
10. No grade changes or soil disturbance, including
trenching, shall be allowed within the CRZ.-_Grade changes within
10 feet of the CRZ shall be approved by the City prior to
implementation.
11. The applicant is responsible for ensuring that the
CRZ of trees on adjacent properties are not impacted by the
proposed development.
12. A pre -construction inspection shall be conducted by
the City to finalize tree protection actions.
13. Post -construction inspection of protected trees shall
be conducted by the City and, if deemed necessary by the City, a
Qualified Tree Professional. All corrective or reparative pruning will
be conducted by a Qualified Tree Professional.
F. Landscaping.
1. General Requirements.- For any new development
or redevelopment in the Shoreline Jurisdiction, except single family
residential development of 4 or fewer lots, invasive vegetation must
be removed and native vegetation planted and maintained in the
Shoreline Buffer, including the river bank.
a. The landscaping requirements of this subsection
apply for any new development or redevelopment in the Shoreline
Jurisdiction, except: single family residential development of 4 or
fewer lots. -_The extent of landscaping required will depend on the
size of the proposed project. —_New development or full
redevelopment of a site will require landscaping of the entire site.
For smaller projects, the Director will review the intent of this
section and the scope of the project to determine a reasonable
amount of landscaping to be carried out.
b. Invasive vegetation must be removed as part of
site preparation and native vegetation planted, including the river
bank to OHWM.
c. On properties located landward of publicly
maintained levees, an applicant is not required to remove invasive
vegetation or plant native vegetation on the levees, however the
remaining buffer landward of the levee shall be improved and
invasive vegetation planted.
d. Removal of invasive species shall be done by
hand or with hand-held power tools. —_Where not feasible and
mechanized equipment is needed, the applicant must obtain a
Shoreline Tree Removal and Vegetation Clearing Permit and show
how the slope stability of the bank will be maintained. -_A plan must
be submitted indicating how the work will be done and what erosion
control and tree protection features will be utilized. -_Federal and
State permits may be required for vegetation removal with
mechanized equipment.
e. Trees and other vegetation shading the river shall
be retained or replanted when riprap is placed, as specified in the
approved tree permit if a permit is required.
f. Removal of invasive vegetation may be phased
over several years prior to planting, if such phasing is provided for
by a plan approved by the Director to allow for alternative
approaches, such as sheet mulching and goat grazing. —_The
method selected shall not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and
groundcovers (including grasses, sedges, rushes and vines) shall
be planted. —_The plants listed in the Riparian Restoration and
Management Table of the 2004 Washington Stream Habitat
Restoration Guidelines (Washington Department of Fish and
Wildlife, Washington Department of Ecology, and U.S. Fish and
Wildlife Service, Olympia, Washington, as amended) shall provide
the basis for plant selection.- Site conditions, such as topography,
exposure, and hydrology shall be taken into account for plant
selection. -_Other species may be approved if there is adequate
justification.
h. Non-native trees may be used as street trees or
in approved developed landscape areas where conditions are not
appropriate for native trees (for example where there are space or
height limitations or conflicts with utilities).
i. Plants shall meet the current American Standard
for Nursery Stock (American Nursery and Landscape Association
- ANLA).
j. Plant sizes in the non -buffer areas of all Shoreline
Environments shall meet the following minimum size standards:
Deciduous trees 2-inch caliper
Conifers 6 - 8 foot height
Shrubs 24-inch height
Groundcover/grasses 4-inch or 1 gallon container
k. Smaller plant sizes (generally one gallon,
bareroot, plugs, or stakes, depending on plant species) are
preferred for buffer plantings. -_Willow stakes must be at least 1/2-
inch in diameter.
I. Site preparation and planting of vegetation shall
be in accordance with best management practices for ensuring the
vegetation's long-term health and survival.
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TITLE 18 - ZONING
m. Plants may be selected and placed to allow for
public and private view corridors and/or access to the water's edge.
n. Native vegetation in the shoreline installed in
accordance with the preceding standards shall be maintained by
the property owner to promote healthy growth and prevent
establishment of invasive species. —_Invasive plants (such as
blackberry, ivy, knotweed, bindweed) shall be removed on a
regular basis, according to the approved maintenance plan.
o. Areas disturbed by removal of invasive plants
shall be replanted with native vegetation where necessary to
maintain the density shown in TMC Section 18.44.060.B.4. and
must be replanted in a timely manner, except where a long term
removal and re -vegetation plan, as approved by the City, is being
implemented.
p. Landscape plans shall include a detail on invasive
plant removal and soil preparation.
q. The following standards apply to utilities and
loading docks located in the shoreline jurisdiction.
(1) Utilities such as pumps, pipes, etc. shall be
suitably screened with native vegetation;
(2) Utility easements shall be landscaped with
native groundcover, grasses or other low -growing plants as
appropriate to the shoreline environment and site conditions;
(3) Allowed loading docks and service areas
located waterward of the development shall have landscaping that
provides extensive visual separation from the river.
2. Shoreline Buffer Landscaping Requirements in
all Shoreline Environments. -The Shoreline Buffer in all shoreline
environments shall function, in part, as a vegetation management
area to filter sediment, capture contaminants in surface water run-
off, reduce the velocity of water run-off, and provide fish and wildlife
habitat.
a. A planting plan prepared by an approved biologist
shall be submitted to the City for approval that shows plant species,
size, number and spacing. -_The requirement for a biologist may be
waived by the Director for single family property owners (when
planting is being required as mitigation for construction of
overwater structures or shoreline stabilization).
b. Plants shall be installed from the OHWM to the
upland edge of the Shoreline Buffer unless the Director determines
that site conditions would make planting unsafe.
c. Plantings close to and on the bank shall include
native willows, red osier dogwood and other native vegetation that
will extend out over the water, to provide shade and habitat
functions when mature. —_Species selected must be able to
withstand seasonal water level fluctuations.
d. Minimum plant spacing in the buffer shall follow
the Shoreline Buffer Vegetation Planting Densities Table shown in
TMC Section 18.44.060.F.2.-Existing non-invasive plants may be
included in the density calculations.
e. Irrigation for buffer plantings is required for at
least two dry seasons or until plants are established. -_An irrigation
plan is to be included as part of the planting plan.
f. In the event that a development project allows for
setback and benching of the shoreline along an existing levee or
revetment, the newly created mid -slope bench area shall be
planted and maintained with a variety of native vegetation
appropriate for site conditions.
g. The Director, in consultation with the City's Urban
Environmentalist, may approve the use of shrub planting and
installation of willow stakes to be counted toward the tree
replacement standard in the buffer if proposed as a measure to
control invasive plants and increase buffer function.
Shoreline Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along river
bank (willows, red osier
dogwood)
1 - 2 feet on center or per
bioengineering method
Shrubs
3 - 5 feet on center, depending on
species
Trees
15 — 20 feet on center, depending
on species
Groundcovers, grasses,
sedges, rushes, other
herbaceous plants
1 —1.5 feet on center, depending on
species
Native seed mixes
5 - 25 Ibs per acre, depending on
species
3. Landscaping Requirements for the Urban
Conservancy and High Intensity Environments — Outside of
the Shoreline Buffer.— For the portions of property within the
Shoreline Jurisdiction landward of the Shoreline Buffer the
landscape requirements in the General section of this chapter and
the requirements for the underlying zoning as established in TMC
Chapter 18.52 shall apply except as indicated below.
a. Parking Lot Landscape Perimeters: -_One native
tree for each 20 lineal feet of required perimeter landscaping, one
shrub for each 4 lineal feet of required perimeter landscaping, and
native groundcovers to cover 90% of the landscape area within 3
years, planted at a minimum spacing of 12 inches on -center.
b. Interior Parking Lot Landscaping: —_Every 300
square feet of paved surface requires 10 square feet of interior
landscaping within landscape islands separated by no more than
150 feet between islands.
c. Landscaping shall be provided at yards not
adjacent to the river, with the same width as required in the
underlying zoning district. —_This standard may be reduced as
follows:
(1) Where development provides a public
access corridor between off -site public area(s) and public shoreline
areas, side yard landscaping may be reduced by 25 percent to no
less than 3 feet; or
(2) Where development provides additional
public access area(s) (as allowed by the High Intensity and Urban
Conservancy Environment Development Standards) equal in area
to at least 2.5% of total building area, front yard landscaping may
be reduced by 25 percent.
Produced by the City of Tukwila, City Clerk's Office
Page 18-14275
TITLE 18 - ZONING
G. Vegetation Management in the Shoreline Jurisdiction.
The requirements of this section apply to all existing and new
development within the shoreline jurisdiction.
1. Trees and shrubs may only be pruned for safety, to
maintain views or access corridors and trails by pruning up or on
the sides of trees, to maintain clearance for utility lines, and/or for
improving shoreline ecological function. -_No more than 25% may
be pruned from a tree within a 36 month period without prior City
review and is subject to replacement ratios of this chapter. -_This
type of pruning is exempt from any permit requirements. -_Topping
of trees is prohibited and shall be regulated as removal with tree
replacement required except where absolutely necessary to avoid
interference with existing utilities.
2. Plant debris from removal of invasive plants or
pruning shall be removed from the site and disposed of properly.
3. Use of pesticides.
a. Pesticides (including herbicides, insecticides, and
fungicides) shall not be used in the shoreline jurisdiction except
where:
(1) Alternatives such as manual removal,
biological control, and cultural control are not feasible given the
size of the infestation, site characteristics, or the characteristics of
the invasive plant species;
(2) The use of pesticides has been approved
through a comprehensive vegetation or pest management and
monitoring plan;
(3) The pesticide is applied in accordance with
state regulations;
(4) The proposed herbicide is approved for
aquatic use by the U.S. Environmental Protection Agency; and
(5) The use of pesticides in the shoreline
jurisdiction is approved in writing by the Department of Ecology or
Washington Department of Agriculture.
b. Self-contained rodent bait boxes designed to
prevent access by other animals are allowed.
c. Sports fields, parks, golf courses and other
outdoor recreational uses that involve maintenance of extensive
areas of turf shall provide and implement an integrated turf
management program or integrated pest management plan
designed to ensure that water quality in the river is not adversely
impacted.
4. Restoration Project Plantings: _Restoration
projects may overplant the site as a way to discourage the re-
establishment of invasive species. Thinning of vegetation to
improve plant survival and health without a separate shoreline
vegetation removal permit may be permitted five to ten years after
planting if this approach is approved as part of the restoration
project's maintenance and monitoring plan.
H. Maintenance and Monitoring. -_The property owner is
required to ensure the viability and long term health of vegetation
planted for replacement or mitigation through proper care and
maintenance for the life of the project subject to the permit
requirements as follows:
1. Tree Replacement and Vegetation Clearing
Permit Requirements:
a. Schedule an inspection with the City's Urban
Environmentalist to document planting of the correct number and
type of plants.
b. Submit annual documentation of tree and
vegetation health to the City for three years.
2. Restoration and Mitigation Project
Requirements:
a. A five-year maintenance and monitoring plan
must be approved by the City prior to permit issuance. The
monitoring period will begin when the restoration is accepted by
the City and as -built plans have been submitted.
b. Monitoring reports shall be submitted annually for
City review up until the end of the monitoring period. -_Reports shall
measure survival rates against project goals and present
contingency plans to meet project goals.
c. Mitigation will be complete after project goals
have been met and accepted by the City's Urban Environmentalist.
d. A performance bond or financial security equal to
150% of the cost of labor and materials required for implementation
of the planting, maintenance and monitoring shall be submitted
prior to City acceptance of project.
(Ord. 2627 §21, 2020)
18.44.070 Environmentally Critical Areas within the
Shoreline Jurisdiction
A. Applicable Critical Areas Regulations.- The following
critical areas, located in the shoreline jurisdiction, shall be
regulated in accordance with the provisions of the Critical Areas
Ordinance TMC Chapter 18.45, (Ordinance No. 2625, March 2,
2020), which is herein incorporated by reference into this SMP,
except as provided in TMC Section 18.44.070.B. =Said provisions
shall apply to any use, alteration, or development within shoreline
jurisdiction whether or not a shoreline permit or written statement
of exemption is required. _Unless otherwise stated, no
development shall be constructed, located, extended, modified,
converted, or altered, or land divided without full compliance with
the provisions adopted by reference and the Shoreline Master
Program. -_Within shoreline jurisdiction, the regulations of TMC
Chapter 18.45 shall be liberally construed together with the
Shoreline Master Program to give full effect to the objectives and
purposes of the provisions of the Shoreline Master Program and
the Shoreline Management Act. —_If there is a conflict or
inconsistency between any of the adopted provisions below and
the Shoreline Master Program, the most restrictive provisions shall
prevail.
1. Wetlands
2. Watercourses (Type F, Type Np, Type Ns)
3. Areas of potential geologic instability
4. Fish and wildlife habitat conservation areas
B. The following provisions in TMC Chapter 18.45 do not
apply to critical areas in the shoreline jurisdiction:
Prpcied by the City of Tukwila, City Clerk's Office
Page 18-141
TITLE 18 — ZONING
1. Critical Area Master Plan Overlay (TMC Section
8.45.160).
2. Reasonable Use Exception (TMC Section
18.45.180).-_Exceptions _within _shoreline jurisdiction shall require
a shoreline variance based on the variance criteria listed in TMC
Section 18.44.110.F and WAC 173-27-170.
3. Time Limitation, Appeals, and Vesting (TMC Section
18.45.190).
4. Wetlands Uses, Alterations and Mitigation (TMC
Section 18.45.090)._Activities and alterations to wetlands and their
buffers located within shoreline jurisdiction shall be subject to the
provisions and permitting mechanisms of this Master Program.
C. Shoreline buffer widths are defined in TMC Section
18.44.040.
D. Future amendments to the Critical Areas Ordinance
require Department of Ecology approval of an amendment to this
Master Program to incorporate updated language.
E. If provisions of the Critical Areas Ordinance conflict with
provisions of this Master Program, the provisions that are the most
protective of the ecological resource shall apply, as determined by
the Director.
F. If there are provisions of the Critical Areas Ordinance that
are not consistent with the Shoreline Management Act, Chapter
RCW 90.58 RCW, and supporting Washington Administrative
CodeWAC chapters, those provisions shall not apply.
G. Areas of seismic instability are also defined as critical
areas.— These areas are regulated by the Washington State
Building Code, rather than by TMC 18.44.070. =Additional
building standards applicable to frequently flooded areas are
included in the Flood Zone Management Code (TMC Chapter
16.52).
(Ord. 2627 §22, 2020)
18.44.080 Public Access to the Shoreline
A. Applicability.
1. Public access shall be provided on all property that
abuts the Green/Duwamish River shoreline in accordance with this
section as further discussed below where any of the following
conditions are present:
a. Where a development or use will create increased
demand for public access to the shoreline, the development or use
shall provide public access to mitigate this impact. —_For the
purposes of this section, an "increase in demand for public access"
is determined by evaluating whether the development reflects an
increase in the land use intensity (for example converting a
warehouse to office or retail use), or a significant increase in the
square footage of an existing building. -_A significant increase is
defined as an increase of at least 3,000 square feet.
b. Where a development or use will interfere with an
existing public access way, the development or use shall provide
public access to mitigate this impact. -_Impacts to public access
may include blocking access or discouraging use of existing on -
site or nearby accesses.
c. Where a use or development will interfere with a
public use of lands or waters subject to the public trust doctrine,
the development shall provide public access to mitigate this impact.
d. Where the development is proposed by a public
entity or on public lands.
e. Where identified on the Shoreline Public Access
Map in the Shoreline Master Program.
f. Where a land division of five or greater lots, or a
residential project of five or greater residential units, is proposed.
2. The extent of public access required will be
proportional to the amount of increase in the demand for public
access.- For smaller projects, the Director will review the intent of
this section and the scope of the project to determine a reasonable
amount of public access to be carried out. -_Depending on the
amount of increase, the project may utilize the alternative
provisions for meeting public access in TMC Section 18.44.080.F.
The terms and conditions of TMC Sections-18.44.080.A and
18.44.080.B shall be deemed satisfied if the applicant and the City
agree upon a master trail plan providing for public paths and trails
within a parcel or group of parcels.
3. The provisions of this section do not apply to the
following:
a. Short subdivisions of four or fewer lots;
b. Where providing such access would cause
unavoidable health or safety hazards;
c. Where an area is limited to authorized personnel
and providing such access would create inherent and unavoidable
security problems that cannot be mitigated through site design or
fencing; or
d. Where providing such access would cause
significant ecological impacts that cannot be mitigated.
An applicant claiming an exemption under items 3(b)
- (d) above must comply with the procedures in TMC Section
18.44.080.F.
Produced by the City of Tukwila, City Clerk's Office
Page 18-14277
TITLE 18 — ZONING
B. General Standards.
1. To improve public access to the Green/Duwamish
River, sites shall be designed to provide:
a. Safe, visible and accessible pedestrian and non -
motorized vehicle connections between proposed development
and the river's edge, particularly when the site is adjacent to the
Green River Trail or other approved trail system; and
b. Public pathway entrances that are clearly visible
from the street edge and identified with signage; and
c. Clearly identified pathways that are separate from
vehicular circulation areas. —_This may be accomplished through
the use of distinct paving materials, changes in color or distinct and
detailed scoring patterns and textures.
d. Site elements that are organized to clearly
distinguish between public and private access and circulation
systems.
2. Required public access shall be fully developed and
available for public use at the time of occupancy in accordance with
development permit conditions except where the decision maker
determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. —_Where
appropriate, a bond or cash assignment may be approved, on
review and approval by the Director of Community Development,
to extend this requirement for 90 days from the date the Certificate
of Occupancy is issued.
3. Public access easements and related permit
conditions shall be recorded on the deed of title or the face of the
plat, short plat or approved site plan, as a condition tied to the use
of the land.— Recording with the County shall occur prior to the
issuance of an Occupancy Permit or final plat subdivision approval.
Upon re -development of such a site, the easement may be
relocated to facilitate the continued public access to the shoreline.
4. Approved signs indicating the public's right of access
and hours of access, if restricted, shall be constructed, installed
and maintained by the applicant in conspicuous locations at public
access sites. —_Signs should be designed to distinguish between
public and private areas. —_Signs controlling or restricting public
access may be approved as a condition of permit approval.
5. Required access must be maintained in perpetuity.
6. Public access features shall be separated from
residential uses through the use of setbacks, low walls, berms,
landscaping, or other device of a scale and materials appropriate
to the site.
7. Shared public access between developments is
encouraged. —_Where access is to be shared between adjacent
developments, the minimum width for the individual access
easement may be reduced, provided the total width of easements
contributed by each adjacent development equals a width that
complies with Fire Department requirements and/or exceeds the
minimum for an individual access.
8. Public access sites shall be connected directly to the
nearest public area (e.g., street, public park, or adjoining public
access easement). _Where connections are not currently possible,
the site shall be designed to accommodate logical future
connections.
C. Requirements for Shoreline Trails.— Where public
access is required under TMC Section 18.44.080.A.1, the
requirement will be met by provision of a shoreline trail as follows:
1. Development on Properties Abutting Existing
Green River Trail. —_An applicant seeking to develop property
abutting the existing trail shall meet public access requirements by
upgrading the trail along the property frontage to meet the
standards of a—_12-foot-wide trail with 2-foot shoulders on each
side. —_If a 12-foot-wide trail exists on the property, it shall mean
public access requirements have been met if access to the trail
exists within 1,000 feet of the property.
2. Development on Properties Where New Regional
Trails are Planned. —_An applicant seeking to develop property
abutting the river in areas identified for new shoreline trail
segments shall meet public access requirements by dedicating a
16-foot-wide trail easement to the City for public access along the
river.
3. On -site Trail Standards.— Trails providing access
within a property, park or restoration site shall be developed at a
width appropriate to the expected usage and environmental
sensitivity of the site.
D. Publicly -Owned Shorelines.
1. Shoreline development by any public entities,
including but not limited to the City of Tukwila, King County, port
districts, state agencies, or public utility districts, shall include
public access measures as part of each development project,
unless such access is shown to be incompatible due to reasons of
safety, security, impact to the shoreline environment or other
provisions listed in this section.
2. The following requirements apply to street ends and
City -owned property adjacent to the river.
a. Public right-of-way and "road -ends," or portions
thereof, shall not be vacated and shall be maintained for future
public access.
b. Unimproved right-of-ways and portions of right-of-
ways, such as street ends and turn -outs, shall be dedicated to
public access uses until such time as the portion becomes
improved right -of -way. —_Uses shall be limited to passive outdoor
recreation, hand carry boat launching, fishing,
interpretive/educational uses, and/or parking that accommodates
these uses, and shall be designed so as to not interfere with the
privacy of adjacent residential uses.
c. City -owned facilities within the Shoreline
Jurisdiction shall provide new trails and trail connections to the
Green River Trail in accordance with approved plans and this SMP.
d. All City -owned recreational facilities within the
Shoreline Jurisdiction, unless qualifying for an exemption as
specified in this chapter, shall make adequate provisions for:
(1) Non -motorized and pedestrian access;
(2) The prevention of trespass onto adjacent
properties through landscaping, fencing or other appropriate
measures;
Prpcjjed by the City of Tukwila, City Clerk's Office
Page 18-143
TITLE 18 — ZONING
(3) Signage indicating the public right-of-way
to shoreline areas; and
(4) Mechanisms to prevent environmental
degradation of the shoreline from public use.
E. Public Access Incentives.
1. The minimum yard setback for buildings, uses,
utilities or development from non-riverfront lot lines may be
reduced as follows:
a. Where a development provides a public access
corridor that connects off -site areas or public shoreline areas to
public shoreline areas, one side yard may be reduced to a zero lot
line placement; or
b. Where a development provides additional public
access area(s) equal in area to at least 2.5% of total building area,
the front yard (the landward side of the development) may be
reduced by 50%.
2. The maximum height for structures within the
shoreline jurisdiction may be increased by 15 feet when:
a. Development devotes at least 5% of its building
or land area to public shoreline access; or
b. Development devotes at least 10% of its land
area to employee shoreline access.
3. The maximum height for structures within the
shoreline jurisdiction may be increased by 15 feet for properties
that construct a 12-foot-wide paved trail with a 2-foot-wide shoulder
on each side for public access along the river in areas identified for
new shoreline trail segments, or where, in the case of properties
containing or abutting existing public access trails, the existing trail
either meets the standard of a 12-foot-wide trail with 2-foot-wide
shoulders on either side or the property owner provides any
necessary easements and improvements to upgrade the existing
trail to that standard along the property frontage.
4. During the project review, the project proponent shall
affirmatively demonstrate that the increased height for structures
authorized in subparagraphs E.2 and E.3 of this section will:
a. Not block the views of a substantial number of
residences;
b. Not cause environmental impacts such as light
impacts adversely affecting the river corridor;
c. Achieve no net loss of ecological function; and
d. Not combine incentives to increase the allowed
building height above the maximum height in the parcel's zoning
district.
F. Exemptions from Provision of On -Site Public Access.
1. Requirements for providing on -site general public
access, as distinguished from employee access, will not apply if
the applicant can demonstrate one or more of the following:
a. Unavoidable health or safety hazards to the public
exist such as active railroad tracks or hazardous chemicals related
to the primary use that cannot be prevented by any practical
means.
b. The area is limited to authorized personnel and
inherent security requirements of the use cannot be satisfied
through the application of alternative design features or other
solutions.
c. The cost of providing the access, easement or
other public amenity on or off the development site is unreasonably
disproportionate to the total long-term cost of the proposed
development.
d. Unavoidable environmental harm or net loss of
shoreline ecological functions that cannot be adequately mitigated
will result from the public access.
e. Access is not feasible due to the configuration of
existing parcels and structures, such that access areas are blocked
in a way that cannot be remedied reasonably by the proposed
development.
f. Significant undue and unavoidable conflict
between the proposed access and adjacent uses would occur and
cannot be mitigated.
g. Space is needed for water -dependent uses or
navigation.
2. In order to meet any of the above -referenced
conditions, the applicant must first demonstrate_, and the City
determine in its finding that all
reasonable alternatives have been exhausted including, but not
limited to:
a. Regulating access by such means as maintaining
a gate and/or limiting hours of use;
b. Designing separation of uses and activities
through fencing, terracing, hedges or other design features; or
c. Providing access on a site geographically
separate from the proposal such as a street end cannot be
accomplished.
3. If the above conditions are demonstrated, and the
proposed development is not subject to the Parks Impact Fee,
alternative provisions for meeting public access are required and
include:
a. Development of public access at an adjacent
street end; or
b. Protection through easement or setbacks of
landmarks, unique natural features or other areas valuable for their
interpretive potential; or
c. Contribution of materials and/or labor toward
projects identified in the Parks and Recreation Master Plan, the
Shoreline Restoration Plan, or other City adopted plan; or
d. In lieu of providing public access under this
section, at the Director's discretion, a private applicant may provide
restoration/enhancement of the shoreline jurisdiction to a scale
commensurate with the foregone public access.
{Ord. 2627 §23, 2020)
18.44.090 Shoreline Design Guidelines
The Green/Duwamish River is an amenity that should be
valued and celebrated when designing projects that will be located
along its length.- _If any portion of a project falls within the shoreline
jurisdiction, then the entire project will be reviewed under these
guidelines as well as the relevant sections of the Design Review
Produced by the City of Tukwila, City Clerk's Office
Page 18-14 79
TITLE 18 — ZONING
Chapter of the Zoning Code (TMC Chapter 18.60).-_The standards
of TMC Chapter 18.60 shall guide the type of review, whether
administrative or by the Board of Architectural Review.
A. The following standards apply to development, uses and
activities in the Urban Conservancy and High Intensity
Environments and non-residential development in the Shoreline
Residential Environment.
1. Relationship of Structure to Site. -_Development
within the shoreline jurisdiction shall demonstrate compliance with
the following:
a. Reflect the shape of the shoreline;
b. Orient building elements to site such that public
river access, both visual and physical is enhanced;
c. Orient buildings to allow for casual observation of
pedestrian and trail activity from interior spaces;
d. Site and orient buildings to provide maximum
views from building interiors toward the river and the shoreline;
e. Orient public use areas and private amenities
towards the river;
f. Clearly allocate spaces, accommodating parking,
vehicular circulation and buildings to preserve existing stands of
vegetation or trees so that natural areas can be set aside,
improved, or integrated into site organization and planning;
g. Clearly define and separate public from non-
public spaces with the use of paving, signage, and landscaping.
2. Building Design. -_Development within the shoreline
jurisdiction shall demonstrate compliance with the following:
a. To prevent building mass and shape from
overwhelming the desired human scale along the river,
development shall avoid blank walls on the public and river sides
of buildings.
b. Buildings should be designed to follow the curve
of the river and respond to changes in topography; buildings must
not "turn their back" to the river.
c. Design common areas in buildings to take
advantage of shoreline views and access; incorporate outdoor
seating areas that are compatible with shoreline access.
d. Consider the height and scale of each building in
relation to the site.
e. Extend site features such as plazas that allow
pedestrian access and enjoyment of the river to the landward side
of the buffer's edge.
f. Locate lunchrooms and other common areas to
open out onto the water -ward side of the site to maximize
enjoyment of the river.
g. Design structures to take advantage of the river
frontage location by incorporating features such as:
(1) plazas and landscaped open space that
connect with a shoreline trail system;
(2) windows that offer views of the river; or
(3) pedestrian entrances that face the river.
h. View obscuring fencing is permitted only when
necessary for documentable use requirements and must be
designed with landscaping per TMC Section 18.44.060,
"Vegetation Protection and Landscaping." -_Other fencing, when
allowed, must be designed to complement the proposed and/or
existing development materials and design; and
i. Where there are public trails, locate any fencing
between the site and the landward side of the shoreline trail.
3. Design of Public Access. -_Development within the
shoreline jurisdiction shall demonstrate compliance with the
following:
a. Public access shall be barrier free, where
feasible, and designed consistent with the Americans with
Disabilities Act.
b. Public access landscape design shall use native
vegetation, in accordance with the standards in TMC Section
18.44.060, "Vegetation Protection and Landscaping." -_Additional
landscape features may be required where desirable to provide
public/private space separation and screening of utility, service and
parking areas.
c. Furniture used in public access areas shall be
appropriate for the proposed level of development, and the
character of the surrounding area. -_For example, large urban
projects should provide formal benches; for smaller projects in
less -developed areas, simpler, less formal benches or suitable
alternatives such as boulders are appropriate.
d. Materials used in public access furniture,
structures or sites shall be:
(1) Durable and capable of withstanding
exposure to the elements;
(2) Environmentally friendly and take
advantage of technology in building materials, lighting, paved
surfaces, porous pavement, etc, wherever practical; and
(3) Consistent with the character of the
shoreline and the anticipated use.
e. Public -Private Separation.
(1) Public access facilities shall look and feel
welcoming to the public, and not appear as an intrusion into private
property.
(2) Natural elements such as logs, grass,
shrubs, and elevation separations are encouraged as means to
define the separation between public and private space.
4. Design of Flood Walls. —_The exposed new
floodwalls should be designed to incorporate brick or stone facing,
textured concrete block, design elements formed into the concrete
or vegetation to cover the wall within 3 years of planting.
(Ord 2627 R2n 2020)
18.44.100 Shoreline Restoration
A. Shoreline Substantial Development Permit Not
Required.- Shoreline restoration projects shall be allowed without
a Shoreline Substantial Development Permit when these projects
meet the criteria established by WAC 173-27-040(2)(o) and (p) and
RCW 90.58.580.
B. Changes in Shoreline Jurisdiction Due to
Restoration.
Prped by the City of Tukwila, City Clerk's Office
Page 18-145
TITLE 18 — ZONING
1. Relief may be granted from Shoreline Master
Program standards and use regulations in cases where shoreline
restoration projects result in a change in the location of the OHWM
and associated Shoreline Jurisdiction on the subject property
and/or adjacent properties, and where application of this chapter's
regulations would preclude or interfere with the uses permitted by
the underlying zoning, thus presenting a hardship to the project
proponent.
a. Applications for relief, as specified below, must
meet the following criteria:
(1) The proposed relief is the minimum
necessary to relieve the hardship;
(2) After granting the proposed relief, there is
net environmental benefit from the restoration project; and
(3) Granting the proposed relief is consistent
with the objectives of the shoreline restoration project and with the
Shoreline Master Program.
(4) Where a shoreline restoration project is
created as mitigation to obtain a development permit, the project
proponent required to perform the mitigation is not eligible for relief
under the provisions of this section.
b. The Department of Ecology must review and
approve applications for relief.
c. For the portion of property that moves from
outside Shoreline Jurisdiction to inside Shoreline Jurisdiction as a
result of the shoreline restoration project, the City may consider the
following, consistent with the criteria in TMC Section
18.44.100.B.1.a.
(1) permitting development for the full range of
uses of the underlying zoning consistent with the Zoning Code,
including uses that are not water oriented;
(2) waiving the requirement to obtain a
shoreline substantial development permit if it is otherwise exempt
from the requirement for a substantial development permit;
waiving the provisions for public access;
waiving the requirement for shoreline
(3)
(4)
design review; and
(5)
forth in this chapter.
d. The intent of the exemptions identified in TMC
Section 18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to
implement the restoration projects of the Shoreline Master
Program Restoration Plan, which reflects the projects identified in
the Water Resource Inventory Area (WRIA) 9 Plan pursuant to
Goals and Policies 5.2 of the Tukwila Comprehensive Plan.
2. Consistent with the provisions of TMC Section
18.44.100.B.1.a, 1.b and 1.c, the Shoreline Residential
Environment, High Intensity, Urban Conservancy Environment
Shoreline Buffer width may be reduced to no less than 25 feet
measured from the new location of the OHWM for the portion of
the property that moves from outside the Shoreline Jurisdiction to
inside Shoreline Jurisdiction as a result of the shoreline restoration
project, subject to the following standards:
waiving the development standards set
a. The 25-foot buffer area must be vegetated
according to the requirements of TMC Section-18.44.060,
"Vegetation Protection and Landscaping," or as otherwise
approved by the City; and
b. The proponents of the restoration project are
responsible for the installation and maintenance of the vegetation.
3. The habitat restoration project proponents must
record with King County a survey that identifies the location of the
OHWM location prior to implementation of the shoreline restoration
project, any structures that fall within the Shoreline Jurisdiction,
and the new location of the OHWM once construction of the
shoreline restoration project is completed.
4. Shoreline restoration projects must obtain all U.S.
Army Corps of Engineers and Washington State Department of
Fish and Wildlife approvals as well as written approval from the
City.
C. Shoreline Restoration Building Height Incentive.
1. Consistent with provisions in TMC Section
18.44.050.C, building heights within shoreline jurisdiction may be
increased if the project proponent provides additional restoration
and/or enhancement of the shoreline buffer, beyond what may
otherwise be required in accordance with the standards of TMC
Section 18.44.060, "Vegetation Protection and Landscaping."
Additional restoration and/or enhancement shall include:
a. creation of shallow -water (maximum slope
5H:1V) off channel rearing habitat and/or
b. removal of fish passage barriers to known or
potential fish habitat, and restoration of the barrier site.
(Ord. 2627 §25, 2020)
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18.44.110 Administration
A. Applicability of Shoreline Master Program and
Substantial Development Permit.
1. Development in the Shoreline Jurisdiction.
Based on guidelines in the Shoreline Management Act (SMA) for a
Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is
defined as follows:— The Tukwila Shoreline Jurisdiction includes
the channel of the Green/Duwamish River, its banks, the upland
area which extends from the OHWM landward for 200 feet on each
side of the river, floodways and all associated wetlands within its
floodplain.—_The floodway shall not include those lands that have
historically been protected by flood control devices and therefore
have not been subject to flooding with reasonable regularity.
2. Applicability. —_The Tukwila SMP applies to uses,
change of uses, activities or development that occurs within the
above -defined Shoreline Jurisdiction.—_AII proposed uses and
development occurring within the Shoreline Jurisdiction must
conform to Chapter RCW 90.58-GW, the SMA, and this chapter
whether or not a permit is required.
B. Relationship to Other Codes and Regulations.
1. Compliance with this Master Program does not
constitute compliance with other federal, state, and local
regulations and permit requirements that may apply. The applicant
is responsible for complying with all other applicable requirements.
2. Where this Master Program makes reference to any
RCW, WAC, or other state or federal law or regulation, the most
recent amendment or current edition shall apply.
3. In the case of any conflict between any other federal,
state, or local law and this Master Program, the provision that is
most protective of shoreline resources shall prevail, except when
constrained by federal or state law, or where specifically provided
in this Master Program.
4. Relationship to Critical Areas Regulations:
(a) For protection of critical areas where they occur
in shoreline jurisdiction, this Master Program adopts by reference
the City's Critical Areas Ordinance, which is incorporated into this
Master Program with specific exclusions and modifications in TMC
Section 18.44.070.
(b) All references to the Critical Areas Ordinance
are for the version adopted March 2, 2020.-_Pursuant to WAC 173-
26-191(2)(b), amending the referenced regulations in the Master
Program for those critical areas under shoreline jurisdiction will
require an amendment to the Master Program and approval by the
Department of Ecology.
(c) Within shoreline jurisdiction, the Critical Areas
Ordinance shall be liberally construed together with this Master
Program to give full effect to the objectives and purposes of the
provisions of this Master Program and Chapter RCW 90.58-RSW.
C. Developments not required to obtain shoreline
permits or local reviews. —_Requirements to obtain a substantial
development permit, conditional use permit, variance, letter of
exemption, or other review to implement the Shoreline
Management Act do not apply to the following as described in WAC
173-27-044 and WAC 173-27-045:
1. Remedial actions. —_Pursuant to RCW 90.58.355,
any person conducting a remedial action at a facility pursuant to a
consent decree, order, or agreed order issued pursuant to Chapter
RCW 70.105D RCW, or to the Department of Ecology when it
conducts a remedial action under Chapter RCW 70.105D_RCW.
2. Boatyard improvements to meet NPDES permit
requirements. -_Pursuant to RCW 90.58.355, any person installing
site improvements for storm water treatment in an existing
boatyard facility to meet requirements of a national pollutant
discharge elimination system storm water general permit.
3. WSDOT facility maintenance and safety
improvements. —_Pursuant to RCW 90.58.356, Washington State
Department of Transportation projects and activities meeting the
conditions of RCW 90.58.356 are not required to obtain a
substantial development permit, conditional use permit, variance,
letter of exemption, or other local review.
4. Projects consistent with an environmental excellence
program agreement pursuant to RCW 90.58.045.
5. Projects authorized through the Energy Facility Site
Evaluation Council process, pursuant to chapter RCW 80.50-RGW.
D. Substantial Development Permit Requirements.
1. Permit Application Procedures. —_Applicants for a
Shoreline Substantial Development Permit shall comply with
permit application procedures in TMC Chapter 18.104.
2. Exemptions.
a. To qualify for an exemption, the proposed use,
activity or development must meet the requirements for an
exemption as described in WAC 173-27-040, except for properties
that meet the requirements of the Shoreline Restoration Section,
TMC Section 18.44.100. =The purpose of a shoreline exemption is
to provide a process for uses and activities which do not trigger the
need for a Substantial Development Permit, but require
compliance with all provisions of the City's SMP and overlay
district.
b. The Director may impose conditions to the
approval of exempted developments and/or uses as necessary to
assure compliance of the project with the SMA and the Tukwila
SMP, per WAC 173-27-040(e).—_For example, in the case of
development subject to a building permit but exempt from the
shoreline permit process, the Building Official or other permit
authorizing official, through consultation with the Director, may
attach shoreline management terms and conditions to building
permits and other permit approvals pursuant to RCW 90.58.140.
3. A substantial development permit shall be granted
only when the development proposed is consistent with:
a. The policies and procedures of the Shoreline
Management Act;
b. The provisions of Chapter WAC 173 27 WAC;
and
c. This Shoreline Master Program.
E. Shoreline Conditional Use Permit.
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Page 18-147
TITLE 18 — ZONING
1. Purpose. —_As stated in WAC 173-27-160, the
purpose of a Conditional Use Permit (CUP) is to allow greater
flexibility in the application of use regulations of this chapter in a
manner consistent with the policies of RCW 90.58.020.—_In
authorizing a conditional use, special conditions may be attached
to the permit by the City or the Department of Ecology to prevent
undesirable effects of the proposed use and/or assure consistency
of the project with the SMA and the City's SMP.-_Uses which are
specifically prohibited by the Shoreline Master Program shall not
be authorized with approval of a CUP.
2. Application. -_Shoreline Conditional Use Permits are
a Type 3 Permit processed under TMC Chapter 18.104.
3. Application requirements. -_Applicants must meet
all requirements for permit application and approvals indicated in
TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may
be authorized, provided that the applicant can demonstrate all of
the following:
(1) The proposed use will be consistent with
the policies of RCW 90.58.020 and the policies of the Tukwila
Shoreline Master Program;
(2) The proposed use will not interfere with the
normal public use of public shorelines;
(3) The proposed use of the site and design of
the project will be compatible with other permitted uses within the
area and with uses planned for the area under the Comprehensive
Plan and this chapter;
(4) The proposed use will cause no significant
adverse effects to the shoreline environment in which it is to be
located; and
(5) The public interest suffers no substantial
detrimental effect.
b. In the granting of all Conditional Use Permits,
consideration shall be given to the cumulative impact of additional
requests for like actions in the area. -_For example, if Conditional
Use Permits were granted to other developments in the area where
similar circumstances exist, the total of the conditional uses shall
also remain consistent with the policies of Chapter RCW 90.58
RCW and all local ordinances and shall not produce substantial
adverse effects to the shoreline environment.
F. Shoreline Variance Permits.
1. Purpose. —_The purpose of a Shoreline Variance
Permit is strictly limited to granting relief from specific bulk,
dimensional, or performance standards set forth in this chapter
where there are extraordinary or unique circumstances relating to
the physical character or configuration of property such that the
strict implementation of this chapter will impose unnecessary
hardships on the applicant or thwart the Shoreline Management
Act policies as stated in RCW 90.58.020.—_Reasonable use
requests that are located in the shoreline must be processed as a
variance, until such time as the Shoreline Management Act is
amended to establish a process for reasonable uses. -_Variances
from the use regulations of this chapter are prohibited.
2. Application requirements. -_Applicants must meet
all requirements for a Type 3 permit application and approvals
indicated in TMC Chapter 18.104.
3. Shoreline Variance Permits should be granted in
circumstances where denial of a permit would result in
inconsistencies with the policies of the Shoreline Management Act
(RCW 90.58.020). _In all instances, the applicant must
demonstrate that extraordinary circumstances exist and the public
interest will suffer no substantial detrimental effect.
4. Shoreline Variance Permits Landward of OHWM
and Landward of Wetlands. -_A Shoreline Variance Permit for a
use, activity or development that will be located landward of the
ordinary high water mark and/or landward of any wetland may be
authorized provided the applicant can demonstrate all of the
following:
a. The strict application of the bulk, dimensional, or
performance standards set forth in this chapter preclude or
significantly interfere with a reasonable use of the property not
otherwise prohibited by this chapter.
b. The hardship for which the applicant is seeking
the variance is specifically related to the property and is the result
of unique conditions such as irregular lot shape, size, or natural
features and the application of this chapter, and not from the
owner's own actions or deed restrictions; and that the variance is
necessary because of these conditions in order to provide the
owner with use rights and privileges permitted to other properties
in the vicinity and zone in which the property is situated.
c. The design of the project will be compatible with
other authorized uses within the area and with uses planned for the
area under the Comprehensive Plan and SMP and will not cause
adverse impacts to adjacent properties or the shoreline
environment.
d. The variance will not constitute a grant of special
privilege not enjoyed by other properties in the area.
e. The variance is the minimum necessary to afford
relief.
f. The public interest will suffer no substantial
detrimental effect.
g. In the granting of all variance permits,
consideration shall be given to the cumulative impact of additional
requests for like actions in the area such that the total of the
variances would remain consistent with RCW 90.58.020 and not
cause substantial adverse effects to the shoreline environment.
5. Shoreline Variance Permits Waterward of OHWM
or Within Critical Areas.
a. Shoreline Variance Permits for development
and/or uses that will be located either waterward of the ordinary
high water mark or within any critical area may be authorized only
if the applicant can demonstrate all of the following:
(1) The strict application of the bulk,
dimensional or performance standards set forth in this Master
Program preclude all reasonable permitted use of the property;
Produced by the City of Tukwila, City Clerk's Office
Page 18-14183
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(2) The proposal is consistent with the criteria
established under TMC Section 18.44.110.F.4., "Approval
Criteria;" and
(3) The public rights of navigation and use of
the shorelines will not be adversely affected by the granting of the
variance.
G. Non -Conforming Development.
1. Non -Conforming Uses. _Any non -conforming lawful
use of land that would not be allowed under the terms of this
chapter may be continued as an allowed, legal, non -conforming
use, defined in TMC Chapter 18.06 or as hereafter amended, so
long as that use remains lawful, subject to the following:
a. No such non -conforming use shall be enlarged,
intensified, increased, moved 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 chapter except as
authorized in TMC Section 18.66.120 or upon approval of a
conditional use permit.
b. If any such non -conforming use ceases for any
reason for a period of more than 24 consecutive months, the non-
conforming rights shall expire and any subsequent use shall
conform to the regulations specified in this chapter for the shoreline
environment in which such use is located, unless re-establishment
of the use is authorized through a Shoreline Conditional Use
Permit, which must be applied for within the two-year period when
the non -conforming use ceases to exist. -_Water -dependent uses
should not be considered discontinued when they are inactive due
to dormancy, or where the use is typically seasonal. -_Upon request
of the owner, prior to the end of the 24 consecutive months and
upon reasonable cause shown, the City may grant an extension of
time beyond the 24 consecutive months using the criteria set forth
in TMC Section 18.44.110.G.4.
c. If a change of use is proposed to a use
determined to be non -conforming by application of provisions in
this chapter, the proposed new use must be a permitted use in this
chapter or a use approved under a Type 2 permit_ with public notice
process. _For purposes of implementing this section, a change of
use constitutes a change from one permitted or conditional use
category to another such use category as listed within the
Shoreline Use Matrix.
d. A structure that is being or has been used for a
non -conforming use may be used for a different non -conforming
use only upon the approval of a Type 2 permit_ subject to public
notice. _Before approving a change in non -conforming use, the
following findings must be made:
(1) No reasonable alternative conforming use
is practical.
(2) The proposed use will be at least as
consistent with the policies and provisions of the SMP and as
compatible with the uses in the area as the non -conforming use.
(3) The use or activity is enlarged, intensified,
increased or altered only to the minimum amount necessary to
achieve the intended functional purpose.
(4) The structure(s) associated with the non-
conforming use shall not be expanded in a manner that increases
the extent of the non -conformity.
(5) The change in use will not create adverse
impacts to shoreline ecological functions and/or processes.
(6) The applicant restores and/or enhances
the entire shoreline buffer, including but not limited to, paved areas
no longer in use on the property, to offset the impact of the change
of use per the vegetation management standards of this chapter.
This may include the restoration of paved areas to vegetated area
if no longer in use.
(7) The preference is to reduce exterior uses
in the buffer to the maximum extent possible.
2. Non -Conforming Structures. —_Where a lawful
structure exists on the effective date of adoption of this chapter that
could not be built under the terms of this chapter by reason of
restrictions on height, buffers or other characteristics of the
structure, it may be continued as an allowed, legal structure so long
as the structure remains otherwise lawful subject to the following
provisions:
a. Such structures may be repaired, maintained,
upgraded and altered provided that:
(1) The structure may not be enlarged or
altered in such a way that increases its degree of nonconformity or
increases its impacts to the functions and values of the shoreline
environment except as authorized in TMC Section 18.66.120; and
(2) If the structure is located on a property that
has no reasonable development potential outside the shoreline
buffer, there shall be no limit on the cost of alterations, provided
the applicant restores and/or enhances the shoreline buffer from
above the Ordinary High Water Mark to at least 12 feet landward
of the top of the slope along the entire length of the subject property
to meet the vegetation management standards of this chapter
(TMC Section 18.44.060).-_If the structure is located on a property
that has reasonable development potential outside the shoreline
buffer, the cost of the alterations may not exceed an aggregate cost
of 50% of the value of the building or structure in any 3-year period
based upon its most recent assessment, unless the amount over
50% is used to make the building or structure more conforming, or
is used to restore to a safe condition any portion of a building or
structure declared unsafe by a proper authority.
(3) Maintenance or repair of an existing private
bridge is allowed without a conditional use permit when it does not
involve the use of hazardous substances, sealants or other liquid
oily substances.
b. Should such structure be destroyed by any
accidental means, the structure may be reconstructed to its original
dimensions and location on the lot provided application is made for
permits within two years of the date the damage occurred and all
reconstruction is completed within two years of permit issuance.
In the event the property is redeveloped, such redevelopment must
be in conformity with the provisions of this chapter.
Prpjced by the City of Tukwila, City Clerk's Office
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c. Should such structure be moved for any reason
or any distance, it must be brought as closely as practicable into
conformance with the applicable master program and the act.
d. When a non -conforming structure, or structure
and premises in combination, is vacated or abandoned for 24
consecutive months, the structure, or structure and premises in
combination, shall thereafter be required to be in conformance with
the regulations of this chapter. -_Upon request of the owner, prior
to the end of the 24 consecutive months and upon reasonable
cause shown an extension of time beyond the 24 consecutive
months may be granted using the criteria in TMC Section
18.44.110.G.4.
e. Residential structures located in any Shoreline
Residential Environment and in existence at the time of adoption
of this chapter shall not be deemed nonconforming in terms of
height, residential use, or location provisions of this title. -_Such
buildings may be rebuilt after a fire or other natural disaster to their
original dimensions, location and height, but may not be changed
except as provided in the non -conforming uses section of this
chapter.
f. Single-family structures in the Shoreline
Residential Environment that have legally non -conforming
setbacks from the OHWM per the shoreline buffer shall be allowed
to expand the ground floor only along the existing building line(s)
as long as the existing distance from the nearest point of the
structure to the OHWM is not reduced and the square footage of
new intrusion into the buffer does not exceed 50% of the square
footage of the current intrusion. -_As a condition of building permit
approval, a landscape plan showing removal of invasive plant
species within the entire shoreline buffer and replanting with
appropriate native species must be submitted to the City.
Plantings should be maintained through the establishment period.
3. For the purposes of this section, altered or partially
reconstructed is defined as work that does not exceed 50% of the
assessed valuation of the building over a three-year period.
4. Requests for Time Extension -Non -conforming
Uses and Structures.
a. A property owner may request, prior to the end of
the two-year period, an extension of time beyond the two-year
period. -_Such a request shall be considered as a Type 2 permit
under TMC Chapter 18.104 and may be approved only when:
(1) For a non -conforming use, a finding is
made that no reasonable alternative conforming use is practical;
(2) For a non -conforming structure, special
economic circumstances prevent the lease or sale of said structure
within 24 months; and
(3) The applicant restores and/or enhances
the shoreline buffer on the property to offset the impact of the
continuation of the non -conforming use. -_For non -conforming uses,
the amount of buffer to be restored and/or enhanced will be
determined based on the percentage of the existing building used
by the non -conforming use for which a time extension is being
requested. -_Depending on the size of the area to be restored
and/or enhanced, the Director may require targeted plantings
rather than a linear planting arrangement. —_The vegetation
management standards of TMC Section-18.44.060 shall be used
for guidance on any restoration/enhancement. _For non-
conforming structures, for each six-month extension of time
requested, 15% of the available buffer must be restored/enhanced.
b. Conditions may be attached to the City -approved
extension that are deemed necessary to assure compliance with
the above findings, the requirements of the Shoreline Master
Program and the Shoreline Management Act and to assure that the
use will not become a nuisance or a hazard.
5. Building Safety. -_Nothing in this SMP shall be
deemed to prevent the strengthening or restoring to a safe
condition of any non -conforming building or part thereof declared
to be unsafe by order of any City official charged with protecting
the public safety.
a. Alterations or expansion of a non -conforming
structure that are required by law or a public agency in order to
comply with public health or safety regulations are the only
alterations or expansions allowed.
b. Alterations or expansions permitted under this
section shall be the minimum necessary to meet the public safety
concerns.
6. Non -Conforming Parking Lots.
a. Parking lot regulations contained in this chapter
shall not be construed to require a change in any aspect of a
structure or facility that existed on the date of adoption of this
chapter covered thereunder including parking lot layout, loading
space requirements and curb -cuts, except as necessary to meet
vegetation protection and landscaping standards consistent with
TMC Section 18.44.110.G.7.
b. If a change of use takes place or an addition is
proposed that requires an increase in the parking area by an
increment less than 100%, the requirements of this chapter shall
be complied with for the additional parking area.
c. If a property is redeveloped, a change of use
takes place or an addition is proposed that requires an increase in
the parking area by an increment greater than 100%, the
requirements of this chapter shall be complied with for the entire
parking area. -_An existing non -conforming parking lot, which is not
otherwise subject to the requirements of this chapter, may be
upgraded to improve water quality or meet local, state, and federal
regulations provided the upgrade does not result in an increase in
non -conformity.
d. The area beneath a non -conforming structure
may be converted to a contiguous parking lot area if the non-
conforming structure is demolished and only when the contiguous
parking is accessory to a legally established use. -_The converted
parking area must be located landward of existing parking areas.
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Page 18-15285
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7. Non -Conforming Landscape Areas.
a. Adoption of the vegetation protection and
landscaping regulations contained in this chapter shall not be
construed to require a change in the landscape improvements for
any legal landscape area that existed on the date of adoption of
this chapter, unless and until the property is redeveloped or
alteration of the existing structure is made beyond the thresholds
provided herein.
b. At such time as the property is redeveloped or the
existing structure is altered beyond the thresholds provided herein
and the associated premises does not comply with the vegetation
protection and landscaping requirements of this chapter, a
landscape plan that conforms to the requirements of this chapter
shall be submitted to the Director for approval.
H. Revisions to Shoreline Permits. _Revisions to
previously issued shoreline permits shall be reviewed under the
SMP in effect at the time of submittal of the revision, and not the
SMP under which the original shoreline permit was approved and
processed in accordance with WAC 173-27-100.
I. Time Limits on Shoreline Permits.
1. Consistent with WAC 173-27-090, shoreline permits
are valid for two years, and the work authorized under the shoreline
permit must be completed in five years. _Construction activity must
begin within this two-year period. —_If construction has not begun
within two years, a one-time extension of one year may be
approved by the Director based on reasonable factors._The permit
time period does not include the time during which administrative
appeals or legal actions are pending or due to the need to obtain
any other government permits and approvals for the project.
2. Upon a finding of good cause, based on the
requirements and circumstances of a proposed project, and
consistent with the City's Shoreline Master Program, the City may
adopt a different time limit for a shoreline substantial development
permit as part of an action on a shoreline substantial development
perm it.
{Ord. 2678 §11 and §12, 2022; Ord. 2627 §26, 2020)
18.44.120 Appeals
Any person aggrieved by the granting, denying, or rescinding
of a Shoreline Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance may seek review
from the Shorelines Hearings Board by filing a petition for review
within 21 days of the date of filing of the decision as provided in
RCW 90.58.140(6).
{Ord. 2627 §27, 2020)
18.44.130 Enforcement and Penalties
A. Violations. —_The following actions shall be considered
violations of this chapter:
1. To use, construct or demolish any structure, or to
conduct clearing, earth -moving, construction or other development
not authorized under a Substantial Development Permit,
Conditional Use Permit or Variance Permit, where such permit is
required by this chapter.
2. Any work which is not conducted in accordance with
the plans, conditions, or other requirements in a permit approved
pursuant to this chapter, provided that the terms or conditions are
stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or
order required by or posted in accordance with this chapter.
4. To misrepresent any material fact in any application,
plans or other information submitted to obtain any shoreline use or
development authorization.
5. To fail to comply with the requirements of this
chapter.
B. Enforcement. _This chapter shall be enforced subject to
the terms and conditions of TMC Chapter 8.45.
C. Inspection Access.
1. For the purpose of inspection for compliance with the
provisions of a permit or this chapter, authorized representatives of
the Director may enter all sites for which a permit has been issued.
2. Upon completion of all requirements of a permit, the
applicant shall request a final inspection by contacting the planner
of record. —_The permit process is complete upon final approval by
the planner.
D. Penalties.
1. Any violation of any provision of the SMP, or failure
to comply with any of the requirements of this chapter shall be
subject to the penalties prescribed in TMC Chapter 8.45 of the
Tukwila Municipal Code ("Enforcement") and shall be imposed
pursuant to the procedures and conditions set forth in that chapter.
2. Penalties assessed for violations of the SMP shall be
determined by TMC Chapter 8.45.120, Penalties.
3. It shall not be a defense to the prosecution for failure
to obtain a permit required by this chapter, that a contractor,
subcontractor, person with responsibility on the site, or person
authorizing or directing the work, erroneously believed a permit had
been issued to the property owner or any other person.
4. Penalties for Tree Removal:
a. Each unlawfully removed or damaged tree shall
constitute a separate violation.
b. The amount of the penalty shall be $1,000 per
tree or up to the marketable value of each tree removed or
damaged as determined by an ISA certified arborist._The Director
may elect not to seek penalties or may reduce the penalties if
he/she determines the circumstances do not warrant imposition of
any or all of the civil penalties.
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Page 18-151
TITLE 18 — ZONING
c. Any illegal removal of required trees shall be
subject to obtaining a tree permit and replacement with trees that
meet or exceed the functional value of the removed trees. —in
addition, any shrubs and groundcover removed without City
approval shall be replaced.
d. To replace the tree canopy lost due to the tree
removal, additional trees must be planted on -site. —_Payment may
be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on -site. —_The number of
replacement trees required will be based on the size of the tree(s)
removed as stated in TMC Section 18.44.060.6.4.
E. Remedial Measures Required. —_In addition to penalties
provided in TMC Chapter 8.45, the Director may require any
person conducting work in violation of this chapter to mitigate the
impacts of unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and
guidelines of this chapter and the Shoreline Management Act.
2. The cost of any remedial measures necessary to
correct violation(s) of this chapter shall be borne by the property
owner and/or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe
that any person is violating or threatening to violate this chapter or
any rule or other provisions adopted or issued pursuant to this
chapter, it may, either before or after the institution of any other
action or proceeding authorized by this ordinance, institute a civil
action in the name of the City for injunctive relief to restrain the
violation or threatened violation. —_Such action shall be brought in
King County Superior Court.
2. The institution of an action for injunctive relief under
this section shall not relieve any party to such proceedings from
any civil or criminal penalty prescribed for violations of the Master
Program.
G. Abatement. —_Any use, structure, development or work
that occurs in violation of this chapter, or in violation of any lawful
order or requirement of the Director pursuant to this section, shall
be deemed to be a public nuisance and may be abated in the
manner provided by the TMC Section 8.45.100.
(Ord. 2627 §28, 2020)
18.44.140 Liability
No provision of or term used in this chapter is intended to
impose any duty upon the City or any of its officers or employees
that would subject them to damages in a civil action.
{Ord. 2627 §29, 2020)
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TITLE 18 — ZONING
CHAPTER 18.45
ENVIRONMENTALLY CRITICAL AREAS
Sections:
18.45.010
18.45.020
18.45.030
18.45.040
18.45.070
18.45.075
18.45.080
18.45.090
18.45.100
18.45.110
18.45.120
18.45.130
18.45.140
18.45.150
18.45.155
18.45.158
18.45.160
18.45.170
18.45.180
18.45.190
18.45.195
18.45.197
18.45.200
18.45.210
18.45.220
Purpose
Best Available Science
Critical Area Applicability, Maps and Inventories
Critical Areas Special Studies
Critical Area Permitted Activities
Mitigation Sequencing
Wetlands Designations, Ratings and Buffers
Wetlands Uses, Alterations and Mitigation
Watercourse Designations, Ratings and Buffers
Watercourse Alterations and Mitigation
Areas of Potential Geologic Instability Designations,
Ratings and Buffers
Areas of Potential Geologic Instability Uses,
Exemptions, Alterations and Mitigation
Coal Mine Hazard Areas
Fish and Wildlife Habitat Conservation Areas —
Designation, Mapping, Uses and Standards
Special Hazard Flood Areas
Vegetation Protection and Management
Critical Area Master Plan Overlay
Critical Areas Tracts and Easements
Exceptions
Time Limitation, Appeals and Vesting
Violations
Enforcement
Recording Required
Assurance Device
Assessment Relief
18.45.010 Purpose
A. The purpose of TMC Chapter 18.45 is to protect the
environment, human life and property; to designate and classify
ecologically critical areas including but not limited to regulated
wetlands and watercourses and geologically hazardous areas and
to protect these critical areas and their functions while also allowing
for reasonable use of public and private property. These
regulations are prepared to comply with the Growth Management
Act, RCW 36.70A, to apply best available science according to
WAC 365-195-900 through 925 and to protect critical areas as
defined by WAC 365-190-080.
B. Standards are hereby established to meet the following
goals of protecting environmentally critical areas:
1. Minimize developmental impacts on the natural
functions of these areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish -
bearing waters and maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability
caused by the removal of trees, shrubs, and root systems of
vegetative cover.
5. Protect the public against avoidable losses, public
emergency rescue and relief operations cost, and subsidy cost of
public mitigation from landslide, subsidence, erosion and flooding.
6. Protect the community's aesthetic resources and
distinctive features of natural lands and wooded hillsides.
7. Balance the private rights of individual property
owners with the preservation of environmentally critical areas.
8. Prevent the loss of wetland and watercourse function
and acreage, and strive for a gain over present conditions.
9. Give special consideration to conservation or
protection measures necessary to protect or enhance anadromous
fisheries.
10. Incorporate the use of best available science in the
regulation and protection of critical areas as required by the State
Growth Management Act, according to WAC 365-195-900 through
365-195-925 and WAC 365-190-080.
(Ord. 2625 §21, 2020)
18.45.020 Best Available Science
A. Policies, regulations and decisions concerning critical
areas shall rely on best available science to protect the functions
of these areas and must give special consideration to conservation
or protection measures necessary to preserve or enhance
anadromous fish and their habitats.
B. Nonscientific information may supplement scientific
information, butinformation but is not an adequate substitution for
valid and available scientific information.
C. Incomplete or unavailable scientific information leading to
uncertainty for permitting critical area impacts may require
application of effective adaptive management on a case by
casecase-by-case basis. Adaptive management relies on scientific
methods to evaluate how well regulatory or non -regulatory actions
protect critical areas or replace their functions.
(Ord. 2625 §22, 2020)
18.45.030 Critical Area Applicability, Maps, and
Inventories
A. Applicability_The provisions of TMC Chapter 18.45
shall apply to all land uses and all development activities in a
critical area or a critical area buffer as defined in the "Definitions"
chapter of this title. —_The provisions of TMC Chapter 18.45 apply
whether or not a permit or authorization is required within the City
of Tukwila. No person, company, agency, or applicant shall alter a
critical area or buffer except as consistent with the purposes and
requirements of TMC Chapter 18.45. The following are critical
areas regulated by TMC Chapter 18.45:
1. Coal Mine Hazard Areas;
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2. Areas of potential geologic instability: Class 2, 3, 4
areas (as defined in the Definitions chapter of this title and TMC
Section 18.45.120.A);
3. Wetlands;
4. Watercourses;
5. Fish and Wildlife Habitat Conservation Areas; and
6. Special Hazard Flood Areas (see TMC Chaptcr
16.52 for additional regulations).
B. Areas of seismic instability are identified as critical areas
by the Growth Management Act and are defined and regulated
through the Washington State Building Code.
C. In the event of a conflict between this TMC Chapter 18.45
and any other laws, regulations, ordinances or restrictive
covenants, the provision that imposes greater restrictions or higher
standards upon the development or use of land shall prevail.
D. Critical Areas Maps and Inventories_.-
1. The distribution of many critical areas and potential
critical areas in Tukwila is displayed on the Critical Areas Maps, on
file with the Department of Community Development (DCD). These
maps are based on site assessment of current conditions and
review of the best available scientific data and are hereby adopted
by reference. Not all critical areas are shown on the map. -_Thus it
is the responsibility of property owners and applicants to verify
actual presence or absence of a critical area or critical area buffer
based on the definitions in this code. _Applicant is also responsible
for delineation and categorization of potential wetland based on
methodology required under TMC Section 18.45.080 and verifying
that watercourse typing and location is consistent with TMC
Section 18.45.100.
2. Studies, preliminary inventories and ratings of
potential critical areas are on file with the Department of
Community Development.
3. As new environmental information related to critical
areas becomes available, the Director is hereby designated to
periodically add, remove, or alter new information to the Critical
Areas Maps. Removal of any information from the Critical Areas
Maps is a Type 1 decision as described in TMC Chapter 18.108.
{Ord. 2625 §23, 2020}
18.45.040 Critical Area Special Studies
A.Application ReguiredCritical Area Studies Required::
An applicant for a development proposal within a parcel that may
include a critical area and/or its buffer shall submit those studies
as required by the City and specified within this section to
adequately identify and evaluate the critical area and its buffers.
1. The applicant shall either:
a. Fund a critical area study prepared by the City's
consultant, if available, which will not be subject to peer review; or
b. Submit a critical area study prepared by a
qualified professional as defined herein, which may be subject to
an applicant -funded peer review by the City or the City's
consultant, if the City deems it necessary.
2. If option 1(b) is chosen, the A -required critical area
study shall be prepared by a person with experience and training
in the scientific discipline appropriate for the relevant critical area
as outlined within this section and in accordance with WAC 365-
195-905(4).-A qualified professional must have obtained a B.S. or
B.A. or equivalent degree in ecology or related science,
environmental studies, fisheries, geotechnical or related field, and
two years of related work experience. Additional qualifications may
be required depending on the type of critical area study required:
a. A qualified professional for Fish and Wildlife
Habitat Conservation Areas must have a degree in ecology or
related sciences and professional experience related to the subject
species.
b. A qualified professional for wetland critical area
studies must be a certified Professional Wetland Scientist or a
Wetland Scientist with at least two years of full-time work
experience as a wetlands professional, including delineating
wetlands using the approved federal manual and applicable
regional supplements, preparing wetland reports, conducting
functional assessments, and developing and implementing
mitigation plans.
c. A qualified professional for a geological hazard
study must be a professional geotechnical engineer as defined in
the Definitions chapter of this title, licensed in the state of
Washington.
d. A qualified professional for watercourses and
frequently flooded areas means a hydrologist, fisheries biologist,
engineer or other scientist with experience in preparing
watercourse assessments.
32. The critical area study shall use scientifically valid
methods and studies in the analysis of critical area data and shall
use field reconnaissance and reference the source of science
used. —_The critical area study shall evaluate the proposal and all
probable impacts to critical areas.
B. Standards for Wetland and Watercourse Critical Area
Studies:— Wetland and watercourse special studies are
valid for five years following the date of the study, unless otherwise
determined by the Director. —_The critical area study shall contain
the following information, as applicable:
1. The name and contact information of the applicant, a
description of the proposal, and identification of the permit
requested;
2. A copy of the site plan for the development proposal
showing:_critical areas and buffers and the development proposal
with dimensions, clearing limits, proposed storm water
management plan, and mitigation plan for impacts due to drainage
alterations;
3. The dates, names and qualifications of the persons
preparing the study and documentation of any fieldwork performed
on the site;
4. Identification and characterization of all critical areas,
water bodies, and buffers on or adjacent to the proposed project
area or potentially impacted by the proposed project as described
in the following sections:
a. Characterization of wetlands must include:
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(1) A wetland delineation report that includes
methods used, field indicators evaluated and the results. -_Wetland
delineation must be performed in accordance with approved
federal wetland delineation manual and current applicable regional
supplements. Field data forms are to be included in the report.
Data collection points are to be shown on the site plan with their
corresponding numbers indicated. —_After the City of Tukwila
confirms the boundaries, they are to be professionally surveyed to
the nearest square foot and the site plan modified as necessary to
incorporate the survey data. —_Exact wetland acreage will be
calculated after the boundaries have been surveyed. -_Applicant
must submit electronic survey data in Autocad, GIS or similar
format at the time of as -built submittal.
(2) Cowardin (Classification of Wetlands and
Deepwater Habitats of the U.S. - U.S. Department of Interior)
classification of the wetland(s).
(3) Hydrogeomorphic classification of the
wetland(s).
(4) Hydroperiod.
(5) Brief landscape assessment of the wetland
(identify hydrologic basin/sub-basin; inlets, outlets; surrounding
land use; habitat quality and connectivity; ultimate point of
discharge; presence of culverts or other constraints to flow;
relationship to other wetlands/watercourses adjacent to or
potentially impacted by the proposed project).
(6) Description of buffer size per this chapter,
conditions (topographic considerations, existing vegetation types
and density, habitat features, watercourse edges, presence of
invasive species, etc.) and functions.
(7) Assessment:— For proposed wetland
filling or proposed projects that will impact buffers, the most current
Washington Wetland Classification System shall be used as a
functional assessment.
b. Characterization of the watercourses on site,
adjacent to or potentially impacted by the proposed project must
include:
(1) Description of: —_flow regime, physical
characteristics of streambed, banks, dimensions and bank -full
width, stream gradient, stream and buffer vegetation conditions,
habitat conditions, and existing modifications.
(2) Brief landscape assessment of the
watercourse (identify hydrologic basin/sub-basin, and contributing
basin area acreage, outlets, surrounding land use, habitat quality
and connectivity, ultimate point of discharge, presence of culverts
or other constraints to flow, presence of man-made or natural
barriers to fish passage, relationship to wetlands or other
watercourses adjacent to or potentially impacted by the proposed
project, flow regime).
(3) Classification of the watercourse under
Tukwila's rating system.
(4) Description of buffer size per this chapter,
conditions (topographic considerations, existing vegetation types
and density, habitat features, watercourse edges, presence of
invasive species, etc.) and functions.
(5) Description of habitat conditions,
wildlife/fish use of the watercourse, including sensitive, threatened
or endangered species.
c. Citation of any literature or other resources
utilized in preparation of the report.
5. A statement specifying the accuracy of the study and
assumptions used in the study.
6. Determination of the degree of hazard and risk from
the proposal both on the site and on adjacent properties.
7. An assessment of the probable cumulative impacts
to critical areas, their buffers and other properties resulting from
the proposal.
8. A description of reasonable efforts made to apply
mitigation sequencing to avoid, minimize and mitigate impacts to
critical areas.
9. Plans for adequate mitigation to offset any impacts.
10. Recommendations for maintenance, short-term and
long-term monitoring, contingency plans and bonding measures.
11. Any technical information required by the Director to
assist in determining compliance with this chapter.
C. Standards for Geotechnical Reports::
1. A geotechnical report appropriate both to the site
conditions and the proposed development shall be required for
development in Class 2, Class 3, Class 4 areas, and any areas
identified as Coal Mine Hazard Areas.
2. Geotechnical reports for Class 2 areas shall include
at a minimum a site evaluation review of available information
regarding the site and a surface reconnaissance of the site and
adjacent areas potentially impacted by the proposed project.
Subsurface exploration of site conditions is at the discretion of the
geotechnical consultant.
3. Geotechnical reports for Class 3, Class 4 and Coal
Mine Hazard Areas shall include a site evaluation review of
available information about the site, a surface reconnaissance of
the site and adjacent areas potentially impacted by the proposed
project, a feasibility analysis for the use of infiltration on -site and a
subsurface exploration of soils and hydrology conditions.- Detailed
slope stability analysis shall be done if the geotechnical engineer
recommends it in Class 3 or Coal Mine Hazard Areas, and must be
done in Class 4 areas.
4. Applicants shall retain a geotechnical engineer to
prepare the reports and evaluations required in this subsection.
The geotechnical report and completed site evaluation checklist
shall be prepared in accordance with the generally accepted
geotechnical practices, under the supervision of and signed and
stamped by the geotechnical engineer. —_The report shall be
prepared in consultation with the Community Development and
Public Works Departments.
5. The opinions and recommendations contained in the
report shall be supported by field observations and, where
appropriate or applicable, by literature review conducted by the
geotechnical engineer, which shall include appropriate
explorations, such as borings or test pits, and an analysis of soil
characteristics conducted by or under the supervision of the
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engineer in accordance with standards of the American Society of
Testing and Materials or other applicable standards. —_If the
evaluation involves geologic evaluations or interpretations, the
report shall be reviewed and approved by a geotechnical engineer.
D. Critical Area Study - Modifications to Requirements::
1. The Director may limit the required geographic area
of the critical area study as appropriate if the applicant, with
assistance from the City, cannot obtain permission to access
properties adjacent to the project area.
2. The Director may allow modifications to the required
contents of the study where, in the judgment of a qualified
professional, more or less information is required to adequately
address the potential critical area impacts and required mitigation.
E. Review of Studies_ —_The Department of Community
Development willshall review and verify the information submitted
in the critical area study to confirm the nature and type of the critical
area. -_The Public Works Department shall seek a peer review of
the geotechnical report on Class 3 and 4 slopes; and peer review
on Class 2 slopes may be required at the discretion of the Public
Works Director.- Peer review of the geotechnical reports shall be
at the expense of the applicants. -_For all other critical areas and at
the discretion of the Director, critical area studies may undergo
peer review, at the expense of the applicant.
(Ord. 2625 §24, 2020)
18.45.070 Critical Area Permitted Activities
A. Outright Permitted Activities: -The following activities
are outright permitted subject to the provisions of TMC Chapter
21.04 and of the mitigation requirements of this chapter, if
applicable:
1. Maintenance and repair of existing facilities provided
no alteration or additional fill materials will be placed or heavy
construction equipment used in the critical area or buffer.
2. Site exploration or research that does not include use
of heavy equipment -_or native vegetation removal.
3. Maintenance and repair of essential streets, roads,
rights -of -way, or utilities, and placement, maintenance, and repair
of new fiberoptic utilities within existing improved and paved roads.
4. Actions to remedy the effects of emergencies that
threaten the public health, safety or welfare.
5. Maintenance activities of existing landscaping and
gardens in a critical area buffer including, but not limited, to mowing
lawns, weeding, harvesting and replanting of garden crops and
pruning and planting of vegetation. -_This provision does not apply
to removal of established native trees and shrubs, or to the
excavation, filling, and construction of new landscaping features,
such as concrete work, berms and walls.
6. Voluntary native revegetation and/or removal of
invasive species that does not include use of heavy equipment.
The use of herbicide by a licensed contractor with certification as
needed from the Washington Department of Ecology and the
Washington Department of Agriculture is permitted but requires
notification prior to application to the City and shall comply with
TMC Section 18.45.158.E.3
B. Permitted Activities Subject Which Requireto
Admini trative Rev,ewCritical Area Permits:— The following
uses activities may be permitted only after administrative review
and approval of a Type 2 Special PermiscionCritical Areas permit
application by the Director:
1. Maintenance and repair of existing uses and facilities
where alteration or additional fill materials will be placed or heavy
construction equipment used in the critical area or buffer.
2. New surface water discharges to critical areas or
their buffers from detention facilities, pre -settlement ponds or other
surface water management structures may be allowed provided
that the discharge meets the clean water standards of RCW 90.48
and WAC 173-200 and 173-201A as amended, and does not
adversely affect wetland hydrology or watercourse flow. -_Water
quality monitoring may be required as a condition of use.
3. Construction of bioswales and dispersion trenches
are the only stormwater facilities allowed in wetland or watercourse
buffers. Water quality monitoring may be required as a condition of
use.
4. Enhancement or other mitigation including
landscaping with native plants that requires heavy equipment.
5. Construction or maintenance of essential utilities if
designed to protect the critical area and its buffer against erosion,
uncontrolled storm water, restriction of groundwater movement,
slides, pollution, habitat disturbance, any loss of flood carrying
capacity and storage capacity, and excavation or fill detrimental to
the environment.
6. Construction or maintenance of essential public
streets, roads and rights -of -way as defined by TMC Section
18.06.285, provided the following criteria are met:
a. Are designed and maintained to prevent erosion
and avoid restricting the natural movement of groundwater.
b. Are located to conform to the topography so that
minimum alteration of natural conditions is necessary. —_The
number of crossings shall be limited to those necessary to provide
essential access.
c. Are constructed in a way that does not adversely
affect the hydrologic quality of the wetland or watercourse and/or
its buffer. -_Where feasible, crossings must allow for combination
with other essential utilities.
7. Public/Private Use and Access::
a. Public and private -_access shall -_be limited- to
trails, boardwalks, covered or uncovered viewing and seating
areas, footbridges only if necessary for access to other areas of
the property, and displays (such as interpretive signage or kiosks),
and must be located in areas that have the lowest sensitivity to
human disturbance or alteration.- Access features shall be the
minimum dimensions necessary to avoid adverse impacts to the
critical area. -_Trails shall be no wider than 5 feet and are only
allowed in the outer 25 percent of the buffer, except for allowed
wetland or stream crossings. —_Crossings and trails must be
designed to avoid adverse impacts to critical area functions. -_The
Director may require mechanisms to limit or control public access
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when environmental conditions warrant (such as temporary trail
closures during wildlife breeding season or migration season).
b. Public access must be specifically developed for
interpretive, educational or research purposes by, or in cooperation
with, the City or as part of the adopted Tukwila Parks and Open
Space Plan. -_Private footbridges are allowed only for access
across a critical area that bisects the property.
c. No motorized vehicle is allowed within a critical
area or its buffer except as required for necessary maintenance,
agricultural management or security.
d. Any public access or interpretive displays
developed along a critical area and its buffer must, to the extent
possible, be connected with a park, recreation or open -space area.
e. Vegetative edges, structural barriers, signs or
other measures must be provided wherever necessary to protect
critical areas and their buffers by limiting access to designated
public use or interpretive areas.
f. Access trails and footbridges must incorporate
design features and materials that protect water quality and allow
adequate surface water and groundwater movement. Trails must
be built of permeable materials.
g. Access trails and footbridges must be located
where they do not disturb nesting, breeding and rearing areas and
must be designed so that sensitive plant and critical wildlife species
are protected. -_Trails and footbridges must be placed so as to not
cause erosion or sedimentation, destabilization of watercourse
banks, interference with fish passage or significant removal of
native vegetation. -_Footbridges must be anchored to prevent their
movement due to water level or flow fluctuations. -_Any work in the
wetland or stream below the OHWM will require additional federal
and state permits.
8. Dredging, digging or filling may occur within a critical
area or its buffer only with the permission of the Director provided
it meets mitigation sequencing requirements and is permitted
under TMC Section 18.45.090 (alteration of wetland), TMC Section
18.45.110 (alteration of watercourse), or TMC Sections-18.45.120
and 18.45.130 (areas of geologic instability). -_Dredging, digging or
filling shall only be permitted for flood control, improving water
quality and habitat enhancement unless otherwise permitted by
this chapter.
(Ord. 2625 §25, 2020)
18.45.075 Mitigation Sequencing
A. Applicants shall demonstrate that reasonable efforts have
been examined with the intent to avoid and minimize impacts to
critical areas and critical area buffers.- When an alteration to a
critical area or its required buffer is proposed, such alteration shall
be avoided, minimized or compensated for in the following order of
preference:
1. Avoiding the impact altogether by not taking a certain
action or parts of an action;
2. Minimizing critical area or critical area buffer impacts
by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking
affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or
restoring the affected environment;
4. Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
action;
5. Compensating for the impact by replacing,
enhancing, or providing substitute resources or environments;
and/or
6. Monitoring the impact and taking appropriate
corrective measures.
(Ord. 2625 §26, 2020)
18.45.080 Wetlands Designations, Ratings and Buffers
A. Wetland Designations_:
1. For the purposes of TMC Chapter 18.45, "wetlands"
are defined in the Definitions chapter of this title. -_A wetland
boundary is the line delineating the outer edge of a wetland
established in accordance with the approved federal wetland
delineation manual and applicable regional supplement.
2. Wetland determinations and delineation of wetland
boundaries shall be made by a qualified professional, as described
in TMC Section 18.45.040.
3. Wetland determinations and delineation or wetland
boundaries must be conducted within no more than five years prior
to the date of permit application.
B. Wetland Ratings:
1. Wetlands shall be designated in accordance with the
Washington State Wetlands Rating System for Western
Washington (Washington State Department of Ecology, 2014,
Publication # 14-06-029); or as otherwise amended by Ecology, as
Category I, II, III, or IV.
C. Wetland Buffers::
1. The purpose of the buffer area shall be to protect the
integrity and functions of the wetland area. -_Any land alteration
must be located out of the buffer areas as required by this section.
Wetland buffers are intended in general to:
1. Minimize long-term impacts of development on
properties containing wetlands;
2. Protect wetlands from adverse impacts during
development;
3. Preserve the edge of the wetland and its buffer for its
critical habitat value;
4. Provide an area to stabilize banks, to absorb overflow
during high water events and to allow for slight variation of aquatic
system boundaries over time due to hydrologic or climatic effects;
5. Reduce erosion and increased surface water runoff;
6. Reduce loss of or damage to property;
7. Intercept fine sediments from surface water runoff
and serve to minimize water quality impacts; and
8. Protect the critical area from human and domestic
animal disturbances.
D. Buffer Requirements_:
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1. Buffer widths in Table 18.45.080-1 have been
established in accordance with the best available science. They
are based on the category of wetland and the habitat score.
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Table 18.45.080-1— Wetland Buffer Widths
Category
Wetland buffer
width (feet), Ecology 2014, high -intensity land use impact
Habitat
Habitat score
Habitat
Habitat
Habitat score
Habitat
score
score
score
score
<6
<6
6-7
6-7
8-9
8-9
Standard
Buffer
Alternate
Buffer if impact
minimization
measures
taken AND
buffer is
replanted
Standard
Buffer
Alternate Buffer if
impact minimization
measures taken
AND buffer is
replanted. Also, 100
feet vegetated
corridor between
wetland and any
nearby Priority
Habitats is
maintained (see
footnote 1)
Standard
Buffer
Alternate Buffer if
impact minimization
measures taken
AND buffer is
replanted.
Also, 100 feet
vegetated corridor
between wetland
and any nearby
Priority Habitats is
maintained.
(see footnote 1)
I
100
75
150
110
300
225
II
100
75
150
110
300
225
III
80
60
150
110
300
225
IV
50
40
50
40
50
40
(1) A re atively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any nearby
Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for
the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation
easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a
corridor is available, Table 18.45.080-1 may be used with the required measures in Table 18.45.080-2 alone.
Table 18.45.080-2 - Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings adjacent to
noise source
• For activities that generate relatively continuous, potentially disruptive noise, such
as certain heavy industry or mining, establish an additional 10-foot heavily
vegetated buffer strip immediately adjacent to the outer edge of wetland buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is not
dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment for roads and existing adjacent
development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate (for more
information refer to the drainage ordinance and manual)
Change in water regime
• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
surfaces and new lawns
Pets and human disturbance
• Use privacy fencing OR plant dense vegetation to delineate buffer edge and to
discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a conservation
easement
Dust
• Use best management practices to control dust
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1
E. Buffer Setbacks_:
1. All commercial and industrial buildings shall be set
back 15 feet and all other development shall be set back 10 feet
from the buffer's edge. The building setbacks shall be measured
from the foundation to the buffer's edge. Building plans shall also
identify a 20-foot area beyond the buffer setback within which the
impacts of development will be reviewed.
2. The Director may waive setback requirements when
a site plan demonstrates there will be no impacts to the buffer from
construction or occasional maintenance activities.
F. Variation Of Standard Wetland Buffer Width::
1. Buffer averaging may be allowed by the Director as
a Type 2 permit if the total area of the buffer after averaging is equal
to the area required without averaging and the buffer at its
narrowest point is never less than either 3/4 of the required width
or 75 feet for Category I and II, 50 feet for Category III, and 25 feet
for Category IV, whichever is greater, and so long as the following
criteria is met:
a. The wetland has significant differences in
characteristics that affect its habitat functions, and the buffer is
increased adjacent to the higher -functioning area of habitat or
more -sensitive portion of the wetland and decreased adjacent to
the Tower -functioning or Tess -sensitive portion as demonstrated by
a critical areas report.
b. There are no feasible alternatives to the site
design that could be accomplished without buffer averaging, and
the averaged buffer will not result in degradation of the wetland's
functions and values as demonstrated by a critical areas report.
c. Compliance with mitigation sequencing
requirements (TMC Section 18.45.075).
d. Compliance with TMC Chapter 18.45,
"Vegetation Protection and Management" section.
e. Submittal of buffer enhancement plan, mitigation
monitoring and maintenance plan along with financial guarantee in
accordance with this chapter.
2. Interrupted Buffer: _Waiver for interrupted buffer
may be allowed by the Director as a Type 2 permit if it complies
with the following:
a. The buffer is interrupted by a paved public or
private road; existing or future levee legally constructed adjacent
to an off -channel habitat; legally constructed buildings or parking
lots. This waiver does not apply to accessory structures such as
sheds and garages;
b. The existing legal improvement creates a
substantial barrier to the buffer function;
c. The interrupted buffer does not provide additional
protection of the critical area from the proposed development; and
d. The interrupted buffer does not provide significant
hydrological, water quality and wildlife functions. This waiver does
not apply if large trees or other significant native vegetation exists.
e. Enhancement of remaining buffer is required if
feasible.
3. Buffers for all types of wetlands will be increased
when they are determined to be particularly sensitive to
disturbance or the proposed development will create unusually
adverse impacts. Any increase in the width of the buffer shall be
required only after completion of a wetland study by a qualified
wetlands professional or expert that documents the basis for such
increased width. An increase in buffer width may be appropriate
when:
a. The development proposal has the demonstrated
potential for significant adverse impacts upon the wetland that can
be mitigated by an increased buffer width; or;
b. The area serves as a habitat for endangered,
threatened, sensitive or monitor species listed by the federal
government or the State.
(Ord. 2625 §27, 2020)
18.45.090 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a wetland or its
buffer except as specifically allowed by TMC Chapter 18.45. Any
use or development allowed is subject to review and approval by
the Director. Where required, a mitigation plan must be developed
and must comply with the standards of mitigation required in this
chapter. Where unauthorized alterations occur within a critical area
or its buffer, the City will require the applicant to submit a critical
area study, that includes mitigation, subject to approval. The
applicant shall be responsible for implementing the mitigation and
for additional penalties as determined by the Director. In addition,
federal and/or state authorization is required for direct impacts to
waters of the United States or the State of Washington.
B. Alterations to Wetlands:.-
1. Alterations to wetlands are discouraged and are
limited to the minimum necessary for project feasibility. Requests
for alterations must be accompanied by a mitigation plan, are
subject to Director approval, and may be approved only if the
following findings are made:
a. The alteration complies with mitigation
sequencing requirements (TMC Section 18.45.075);
b. The alteration will not adversely affect water
quality;
c. The alteration will not adversely affect fish,
wildlife, or their habitat;
d. The alteration will not have an adverse effect on
drainage and/or storm water detention capabilities;
e. The alteration will not lead to unstable earth
conditions or create an erosion hazard or contribute to scouring
actions;
f. The alteration will not be materially detrimental to
any other property;
g. The alteration will not have adverse effects on any
other critical areas; and
h. Complies with the maintenance and monitoring
requirements listed within this section.
2. Alterations are not permitted to Category I and II
wetlands unless specifically exempted under the provisions of this
chapter.
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3. Alterations to Category III and IV wetlands are
allowed only where unavoidable and adequate mitigation is carried
out in accordance with the standards of this section.
4. Alterations to isolated Category IV wetlands less than
1,000 square feet in size that meet all of the following conditions
are allowed where adequate mitigation is carried out in accordance
with the standards of this section.
a. They are not associated with a riparian corridor;
b. They are not associated with Shorelines of the
State or their associated buffers;
c. They are not part of a wetland mosaic;
d. They do not contain habitat identified as essential
for local populations of priority species identified by the Washington
State Department of Fish and Wildlife; and
e. They do not score 6 points or greater for habitat
in the Western Washington Wetland Rating System.
C. Mitigation Standards::
1. Types of Wetland Mitigation:
a. Mitigation for wetlands shall follow the mitigation
sequencing steps in this chapter and may include the following
types of actions in order of decreasing preference:
(1) Restoration:
(a) Re-establishment: The manipulation
of the physical, chemical or biological characteristics of a site with
the goal of restoring wetland functions to a former wetland,
resulting in a net increase in wetland acres and functions.
(b) Rehabilitation: —The manipulation
of the physical, chemical or biological characteristics of a site with
the goal of repairing historic functions and processes of a degraded
wetland, resulting in a gain in wetland functions but not acreage.
(2) Creation (establishment).-:
(a) The manipulation of the physical,
chemical or biological characteristics to develop a wetland on an
upland or deepwater site, where a biological wetland did not
previously exist.
(3) Enhancement_ —_The manipulation of the
physical, chemical or biological characteristics to heighten,
intensify, or improve specific functions (such as vegetation) or to
change the growth stage or composition of the vegetation present,
resulting in a change in wetland functions but not in a gain in
wetland acreage.
(4) Combination: A combination of the three
types of actions listed above.
b. Mitigation Ratios: Required mitigation ratios are
described in TMC Section 18.45.090.C.1.b.(1)-(4) (below).
Alternate mitigation ratios may be accepted by the Director upon
presentation of justification based on best available science that
shows the proposed compensation represents a roughly
proportional exchange for the proposed impacts.
(1) Alterations are not permitted to Category I
or II wetlands unless specifically exempted under the provisions of
this program. When alterations are allowed, mitigation ratios for
Category I wetlands shall be at a 4:1 for creation or re-
establishment, 8:1 for rehabilitation, and 16:1 for enhancement.
Mitigation ratios for Category II wetlands shall be at 3:1 for creation
or re-establishment, 6:1 for rehabilitation and 12:1 for
enhancement. Creation or re-establishment shall be contiguous to
the wetland, unless an exception is authorized by the Director. For
Category II estuarine wetlands, re-establishment, creation and
enhancement ratios will be decided on a case -by -case basis.
(2) Alterations to Category III wetlands are
prohibited except where unavoidable and mitigation sequencing in
accordance with this chapter has been utilized and where
mitigation is carried out in accordance with the standards in the
section. Mitigation for any alteration to a Category III wetland must
be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
(3) Mitigation for alteration to a Category IV
wetland will be 1.5:1 for creation or re-establishment, 3:1 for
rehabilitation or 6:1 for enhancement. Where only a portion of a
Category IV wetland is filled, the potential functionality of the
remaining reduced wetland must be considered in mitigation
planning.
(4) Mitigation for alteration to wetland buffers
will be 1:1.
2. Minimum Performance Standards: The following
shall be considered the minimum performance standards for
approved wetland alterations:
a. Wetland functions improved over those of the
original conditions.
b. Hydrologic conditions and hydroperiods are
improved over existing conditions and the specific hydrologic
performance standards specified in the approved mitigation plan
are achieved.
c. Square feet requirements for creation,
reestablishment, rehabilitation or enhancement and for proposed
wetland classes are met.
d. Vegetation native to the Pacific Northwest is
installed and vegetation survival and coverage standards over time
are met and maintained.
e. Habitat features are installed, if habitat is one of
the functions to be improved.
f. Buffer and bank conditions and functions exceed
the original state.
3. Maintenance and Monitoring: Maintenance and
monitoring of mitigation shall be done by the property owner for a
period of no less than five (5) years and for ten (10) years when
the mitigation plan includes establishing forested wetland and/or
buffers. Maintenance shall be carried out in accordance with the
approved mitigation plan. Monitoring reports must be submitted to
the City for review with the frequency specified in the approved
mitigation plan.
D. Wetland and Buffer Mitigation Location::
1. In instances where portions of a wetland or wetland
buffer impacted by development remain after buffer averaging,
mitigation for buffer impacts shall be provided on -site, if feasible.
Where an essential public road, street or right-of-way or essential
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public utility cannot avoid buffer alterations, buffer enhancement
must be carried out at other locations around the impacted wetland.
2. On -site mitigation for wetland impacts shall be
provided, except where the applicant can demonstrate that:
a. On -site wetland mitigation is not scientifically
feasible due to problems with hydrology, soils, waves or other
factors; or
b. Mitigation is not practical due to potentially
adverse impact from surrounding land uses; or
c. Existing functions created at the site of the
proposed restoration are significantly greater than lost wetland
functions; or
d. Regional goals for flood storage, flood
conveyance, habitat or other wetland functions have been
established and strongly justify location of mitigation at another
site, and where off -site mitigation is demonstrated to provide a
greater ecological benefit to the watershed.- Refer to 2005 WRIA
9 Salmon Habitat Plan as it now reads and hereafter updated or
amended, for potential offsite mitigation locations.
3. Purchase of mitigation credits through mitigation
banks and in lieu fee programs is preferred over permittee
responsible offsite mitigation.
4. The Community Development Director may approve,
through a Type 2 Critical Area Permit,decision, the transfer of
wetland mitigation to a wetland mitigation bank or in -lieu fee
program using the criteria in 4.a. through 4.f. below. -_Wetland
mitigation bank credits shall be determined by the certified
mitigation banking or in -lieu fee instrument.
a. Off -site mitigation is proposed in a wetland
mitigation bank that has been approved by all appropriate
agencies, including the Department of Ecology, Corps of
Engineers, EPA and certified under state rules; and
b. The proposed wetland alteration is within the
designated service area of the wetland bank; and
c. The applicant provides a justification for the
number of credits proposed; and
d. The mitigation achieved through the number of
credits required meets the intent of TMC Chapter 18.45; and
e. The Director bases the decision on a written staff
report, evaluating the equivalence of the lost wetland functions with
the number of wetland credits required; and
f. The applicant provides a copy of the wetland bank
ledger demonstrating that the approved number of credits has
been removed from the bank.
5. Where off -site mitigation location is proposed it shall
comply with the following criteria:
a. Mitigation sites located within the Tukwila City
limits are preferred.
b. Mitigation bank or in -lieu fee option is not feasible.
c. The proposed mitigation will not alter or increase
buffers on adjacent properties without their permission.
6. The Director may approve permittee-responsible
offsite mitigation sites outside the city upon finding that:
a. Adequate measures have been taken to ensure
the non -development and long-term viability of the mitigation site;
and
b. Adequate coordination with the other affected
local jurisdiction has occurred.
c. The applicant has selected a site in a location
where the targeted functions can reasonably be performed and
sustained and has pursued sites in the following order of
preference:
(1) Sites within the immediate drainage sub -
basin;
(2) Sites within the next higher drainage sub -
basin; and
(3) Sites within Green/Duwamish River basin.
7. Wetland creation for restoration projects may only be
approved if the applicant can show:-_(1) that the adjoining property
owners are amenable to having wetland buffers extend onto or
across their property; or (2) that the on -site wetland buffers are
sufficient to protect the functions and values of the wetland and the
project as a whole results in net environmental benefit.
E. Mitigation Timing_ -_Mitigation projects shall be
completed prior to activities that will permanently disturb wetlands
and either prior to or immediately after activities that will temporarily
disturb wetlands. _Construction of mitigation projects shall be timed
to reduce impacts to existing wildlife, flora and water quality, and
shall be completed prior to use or occupancy of the activity or
development. -_The Director may allow activities that permanently
disturb wetlands prior to implementation of the mitigation plan
under the following circumstances:
1. To allow planting or re -vegetation to occur during
optimal weather conditions;
2. To avoid disturbance during critical wildlife
periods; or
3. To account for unique site constraints that dictate
construction timing or phasing.
F. Wetland Mitigation Plan Content_.-
1. The mitigation plan shall be developed as part of a
critical area study by a qualified professional. -_Wetland and/or
buffer alteration or relocation may be allowed only when a
mitigation plan clearly demonstrates that the changes would be an
improvement of wetland and buffer quantitative and qualitative
functions. The plan shall show how water quality, habitat, and
hydrology would be improved.
2. The scope and content of a mitigation plan shall be
decided on a case -by -case basis taking into account the degree of
impact and the extent of the mitigation measures needed. As the
impacts to the critical area increase, the mitigation measures to
offset these impacts will increase in number and complexity.
3. For wetlands, the format of the mitigation plan should
follow that established in Wetland Mitigation in Washington State,
Part 2 - Developing Mitigation Plans (Washington Department of
Ecology, Corps of Engineers, EPA, March 2006 or as amended).
4. The components of a complete mitigation plan are as
follows:
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a. Baseline information of quantitative data
collection or a review and synthesis of existing data for both the
project impact zone and the proposed mitigation site.
b. Environmental goals and objectives that describe
the purposes of the mitigation measures. This should include a
description of site selection criteria, identification of target
evaluation species and resource functions.
c. Performance standards of the specific criteria for
fulfilling environmental goals and for beginning remedial action or
contingency measures. They may include water quality standards,
species richness and diversity targets, habitat diversity indices, or
other ecological, geological or hydrological criteria.
d. A detailed construction plan of the written
specifications and descriptions of mitigation techniques. This plan
should include the proposed construction sequence, construction
management and tree protection and be accompanied by detailed
site diagrams and blueprints that are an integral requirement of any
development proposal.
e. A monitoring and/or evaluation program that
outlines the performance standards and methods for assessing
whether those performance standards are achieved during the
specified monitoring period, at least 5 years. At a minimum, the
monitoring plan should address vegetative cover, survival, and
species diversity. Any project that alters the dimensions of a
wetland or creates a new wetland shall also monitor wetland
hydrology. An outline shall be included that spells out how the
monitoring data will be evaluated by agencies that are tracking the
mitigation project's progress.
f. Contingency plan identifying potential courses of
action and any corrective measures to be taken when monitoring
or evaluation indicates project performance standards have not
been met.
g. Performance security or other assurance devices
as described in TMC Section 18.45.210.
{Ord. 2625 §28, 2020}
18.45.100 Watercourse Designations, Ratings and
Buffers
A. Watercourse Ratings:. _Watercourse ratings are
consistent with the Washington Department of Natural Resources
water typing categories (WAC 222-16-030) or as amended, which
are based on the existing habitat functions and classified as
follows:
1. Type S Watercourse: _Watercourses inventoried as
Shorelines of the State, under RCW 90.58. These watercourses
shall be regulated under TMC Chapter 18.44, Shoreline Overlay.
2. Type F Watercourse: -_Those watercourses that are
known to be used by fish or meet the physical criteria to be
potentially used by fish (as established in WAC 222-16-031(3) or
as amended) and that have perennial (year-round) or seasonal
flows.
3. Type Np Watercourse: -_Those watercourses that have
perennial flows and do not meet the criteria of a Type F stream or
have been proven not to contain fish using methods described in
the Forest Practices Board Manual Section 13.
4. Type Ns Watercourse:- Those watercourses that
have intermittent flows (do not have surface flow during at least
some portion of the year); do not meet the physical criteria of a
Type F watercourse; or have been proven to not support fish using
methods described in the Forest Practices Board Manual Section
13.
B. Watercourse Buffers_ _Any land alteration must be
located out of the buffer areas as required by this section.
Watercourse buffers are intended in general to:
1. Minimize long-term impacts of development on
properties containing watercourses;
2. Protect the watercourse from adverse impacts during
development;
3. Preserve the edge of the watercourse and its buffer
for its critical habitat value;
4. Provide shading to maintain stable water
temperatures and vegetative cover for additional wildlife habitat;
5. Provide input of organic debris and uptake of
nutrients;
6. Provide an area to stabilize banks, to absorb overflow
during high water events and to allow for slight variation of aquatic
system boundaries over time due to hydrologic or climatic effects;
7. Reduce erosion and increased surface water runoff;
8. Reduce loss of, or damage to, property;
9. Intercept fine sediments from surface water runoff
and serve to minimize water quality impacts; and
10. Protect the critical area from human and domestic
animal disturbance.
An undisturbed and high quality critical area or buffer may
substitute for the yard setback and landscape requirements of TMC
Chapter 18.50 and 18.52.
C. Watercourse Buffer Widths_ —_The following buffer
widths, measured from the Ordinary High Water Mark (OHWM),
apply to each side of a watercourse. If the OHWM cannot be
determined, then the buffer will be measured from the top of bank:
1. Type S Watercourse: —_Regulated under TMC
Chapter 18.44, Shoreline Overlay.
2. Type F Watercourse:-_100-foot-wide buffer.
3. Type Np Watercourse: —_Standard 80-foot-wide
buffer; alternate buffer in the 50-65 range allowed with buffer
enhancement.
4. Type Ns Watercourse: =50-foot-wide buffer.
D. Buffer Setbacks::
1. All commercial and industrial buildings shall be set
back 15 feet and all other development shall be set back 10 feet.
Building setbacks shall be measured from the foundation to the
buffer's edge. Building plans shall also identify a 20-foot area
beyond the buffer setback within which the impacts of development
will be reviewed.
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2. The Director may waive setback requirements when
a site plan demonstrates there will be no impacts to the buffer from
construction or occasional maintenance activities.
E. Variation of Standard Watercourse Buffer Width:_
1. Buffer averaging —_may be allowed by the Director as
a Type 2 Critical Area Permitdecision if the total area of the buffer
after averaging is equal to the area required without averaging and
the buffer at its narrowest point is never less than either 3/4 of the
required width; and the following criteria is met:
a. The watercourse has significant differences in
characteristics that affect its habitat functions, and the buffer is
increased adjacent to the higher -functioning area of habitat or
more -sensitive portion of the watercourse and decreased adjacent
to the lower -functioning or less -sensitive portion as demonstrated
by a critical areas report from a qualified professional.
b. There are no feasible alternatives to the site
design that could be accomplished without buffer averaging, and
the averaged buffer will not result in degradation of the
watercourse's functions and values as demonstrated by a critical
areas report.
c. Compliance with mitigation sequencing
requirements (TMC Section-18.45.075).
d. Compliance with TMC Chapter 18.45.158,
"Vegetation Protection and Management."
e. Submittal of buffer enhancement plan, mitigation
monitoring and maintenance plan, along with financial guarantee
in accordance with this chapter.
f. Buffer averaging shall not adversely affect water
quality.
g. No adverse affect to water temperature or shade
potential will occur to the watercourse using methodology per 2011
Washington State Department of Ecology's Green River
Temperature Total Maximum Daily Load (TMDL) assessment or as
amended.
2. Interrupted Buffer: —_Waiver for interrupted buffer
may be allowed by the Director as a Type 2 Critical Area permit
Permit if it complies with the following:
a. The buffer is interrupted by a paved public or
private road; legally constructed buildings or parking lots. This
waiver does not apply to accessory structures such as sheds and
garages;
b. The existing legal improvement creates a
substantial barrier to the buffer function;
c. The interrupted buffer does not provide additional
protection of the critical area from the proposed development; and
d. The interrupted buffer does not provide significant
hydrological, water quality and wildlife functions. This waiver does
not apply if large trees or other significant native vegetation exists.
e. Enhancement of remaining buffer is required if
feasible.
3. Buffers for all types of watercourses will be increased
when they are determined to be particularly sensitive to
disturbance or the proposed development will create unusually
adverse impacts. Any increase in the width of the buffer shall be
required only after completion of a watercourse study by a qualified
professional or expert that documents the basis for such increased
width. An increase in buffer width may be appropriate when:
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a. The development proposal has the demonstrated
potential for significant adverse impacts upon the watercourse that
can be mitigated by an increased buffer width; or
b. The area serves as habitat for endangered,
threatened, sensitive or monitor species listed by the federal
government or the State.
(Ord. 2625 §29, 2020)
18.45.110 Watercourse Alterations and Mitigation
A. Watercourse Alterations_: No use or development may
occur in a watercourse or its buffer except as specifically allowed
by this chapter. _Any use or development allowed is subject to the
standards of this chapter.
B. Alterations:. _Daylighting and meandering of
watercourses is encouraged. Culvert replacement is required
where applicable, and upgrades are required to meet State
standards. Piping, dredging, diverting or rerouting is discouraged.
Culverts are piped segments of streams that flow under a road, trail
or driveway.—_Daylighting of a stream refers to taking a stream out
of a pipe that is flowing underground, but not necessarily under a
road. —All watercourse alterations shall be carried out as specified
by the State Department of Fish and Wildlife in accordance with an
approved Hydraulic Project Approval (HPA).
1. The City encourages daylighting of a watercourse
that is located in a pipe or meandering of a previously altered
watercourse to restore the stream to a more natural and open
condition. As an incentive for daylighting, the Director may approve
reduced buffers or setbacks.—_Daylighting or meandering of a
watercourse is only permitted if the following criteria are met:
a. The values and functions of the watercourse are
improved, including reducing stream flow during storm and flood
events, and providing fish and wildlife habitat.
b. No adverse impact to fish are expected to occur.
c. Water quality is equal or better than existing
condition.
d. Hydraulic capacity is maintained within the new
channel.
e. The watercourse design complies with the
Washington Department of Fish and Wildlife Water Crossing
Design Guidelines Manual 2013 as it now reads and hereafter
updated or amended.
2. On properties with culverts that are being developed
or re -developed, or when stream crossings in public or private
rights -of -way are being replaced, existing culverts that carry fish -
bearing watercourses or those that could bear fish (based on the
criteria in WAC 222-16-031, Washington Forest Practices Rules
and Regulations) shall be upgraded to meet the standards in the
Washington Department of Fish and Wildlife Water Crossing
Design Guidelines Manual 2013, or as amended, if technically
feasible. Any culvert replacement shall comply with the following
criteria:
a. The values and functions of the watercourse are
improved including reducing stream flow during storm and flood
events, and providing fish and wildlife habitat.
b. No adverse impact to fish are expected to occur.
c. Water quality is equal or better than existing
condition.
d. Hydraulic capacity is maintained within the new
channel.
e. The watercourse design complies with the
Washington Department of Fish and Wildlife Water Crossing
Design Guidelines manual 2013 as it now reads and hereafter
updated or amended.
3. Piping, dredging, diverting or rerouting of any
watercourse shall be avoided, if possible. Relocation of a
watercourse or installation of a bridge is preferred to piping. If
piping occurs in a watercourse, it shall be limited to the degree
necessary for stream crossings for access. Additionally, these
alterations may only occur with the permission of the Director as a
Type 2 decision and subject to mitigation sequencing and an
approved mitigation plan, and shall meet the following criteria:
a. The watercourse alteration shall comply with the
standards in current use and the standards of the Washington
Department of Fish and Wildlife Water Crossing Design Guidelines
Manual 2013 or as amended.
b. The watercourse alteration shall not cause
adverse impacts to fish, confine the channel or floodplain, or
adversely affect riparian habitat (including downstream habitat).
c. Maintenance dredging of watercourses shall be
allowed only when necessary to protect public safety, structures
and fish passage and shall be done as infrequently as possible.
Long-term solutions such as stormwater retrofits are preferred over
ongoing maintenance dredging.
d. Stormwater runoff shall be detained and infiltrated
to preserve the existing hydrology of the watercourse.
e. All construction shall be designed to have the
least adverse impact on the watercourse, buffer and surrounding
environment. Construction shall minimize sedimentation through
implementation of best management practices for erosion control.
f. As a condition of approval, the Director may
require water quality monitoring for stormwater discharges to
streams, and additional treatment of stormwater if water quality
standards are not being met.
g. Where allowed, piping shall be limited to the
shortest length possible as determined by the Director to allow
access onto a property.
h. Where water is piped for an access point, those
driveways or entrances shall be consolidated to serve multiple
properties where possible, and to minimize the length of piping.
i. Piping shall not create an entry point for road
runoff, create downstream scour, or cause erosion or
sedimentation.
j. Water quality must be as good or better for any
water exiting the pipe as for the water entering the pipe, and flow
must be comparable.
C. Mitigation Standards::
1. The following shall be considered the minimum
standards for approved mitigation projects:
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a. Maintenance or improvement of stream channel
habitat and dimensions such that the fisheries habitat functions of
the compensatory stream meet or exceed that of the original
stream;
b. Bank and buffer configuration restored to an
enhanced state;
c. Channel, bank and buffer areas replanted with
native vegetation that improves upon the original condition in
species diversity and density;
d. Stream channel bed and biofiltration systems
equivalent to or better than in the original stream;
e. Original fish and wildlife habitat enhanced unless
technically not feasible; and
f. If onsite mitigation is not possible and to ensure
there is no net loss of watercourse functions including, but not
limited to, shading, the applicants may pay into an in -lieu fund, if
available, to ensure that projects are fully mitigated.
2. Relocation of a watercourse shall not result in the
new critical area or buffer extending beyond the development site
and onto adjacent property without the written agreement of the
affected property owners.
D. Mitigation Timing_. _Department of Community
Development -approved plans are Type 2 Critical Area Permit
decisions and must have the mitigation construction completed
before the existing watercourse can be modified. The Director may
allow activities that permanently disturb a watercourse prior to
implementation of the mitigation plan under the following
circumstances:
1. To allow planting or re -vegetation to occur during
optimal weather conditions; or
2. To avoid disturbance during critical wildlife periods;
or
3. To account for unique site constraints that dictate
construction timing or phasing.
E. Mitigation Plan Content: —All impacts to a watercourse
that degrade the functions of the watercourse or its buffer shall be
avoided. If alteration to the watercourse or buffer is unavoidable,
all adverse impacts resulting from a development proposal or
alteration shall be mitigated in accordance with an approved
mitigation plan as described below.
1. Mitigation plans shall be completed for any proposals
of dredging, filling, diverting, piping and rerouting of watercourses
or buffer impacts and shall be developed as part of a critical area
study by a qualified professional. The plan must show how water
quality, treatment, erosion control, pollution reduction, wildlife and
fish habitat, and general watercourse quality would be improved.
2. The scope and content of a mitigation plan shall be
decided on a case -by -case basis taking into account the degree of
impact and extent of mitigation measures needed. As the impacts
to the watercourse or its buffer increase, the mitigation plan to
offset these impacts will increase in extent and complexity.
3. The components of a complete mitigation plan are as
follows:
a. Baseline information including existing
watercourse conditions such as hydrologic patterns/flow rates,
stream gradient, bank full width, stream bed conditions, bank
conditions, fish and other wildlife use, in -stream structures, riparian
conditions, buffer characteristics, water quality, fish barriers and
other relevant information.
b. Environmental goals and objectives that describe
the purposes of the mitigation measures. This should include a
description of site selection criteria, identification of target
evaluation species and functions.
c. Performance standards for fulfilling
environmental goals and objectives and for triggering remedial
action or contingency measures. Performance standards may
include water quality standards, species richness and diversity
targets, habitat diversity indices, creation of fish habitat, or other
ecological, geological or hydrological criteria.
d. Detailed construction plan of the written
specifications and descriptions of mitigation techniques. This plan
should include the proposed construction sequence and
construction management, and be accompanied by detailed site
diagrams and blueprints that are an integral requirement of any
development proposal.
e. Monitoring and/or evaluation program that
outlines the approach for assessing a completed project. At least
five years of monitoring is required. An outline shall be included
that spells out how the monitoring data will be evaluated by
agencies that are tracking the mitigation project's process. For
projects that discharge stormwater to a stream, the Director may
require water quality monitoring.
f. Contingency plan identifying potential courses of
action and any corrective measures to be taken when monitoring
or evaluation indicates project performance standards have not
been met.
g. Performance security or other assurance devices
as described in TMC Section 18.45.210.
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(Ord. 2625 §30, 2020)
18.45.120 Areas of Potential Geologic Instability
Designations, Ratings and Buffers
A. Designation_— _Potential areas of geologic instability
include areas of potential erosion and landslide hazards. Areas of
potential geologic instability are classified as follows:
1. Class 1 areas, which have a slope of less than 15%;
2. Class 2 areas, which have a slope between 15% and
40%, and which are underlain by relatively permeable soils;
3. Class 3 areas, which include areas sloping between
15% and 40%, and which are underlain by relatively impermeable
soils or by bedrock, and which also include all areas sloping more
steeply than 40%;
4. Class 4 areas, which include sloping areas with
mappable zones of groundwater seepage, and which also include
existing mappable landslide deposits regardless of slope.
B. Mapping_:
1. The approximate location, extent, and designation of
areas of potential geologic instability are depicted in the City's
Critical Areas Map. Actual boundaries and designations shall be
determined by a qualified professional on a site -specific basis.
2. In addition to the City's Critical Areas Map, the
following publicly available mapping information may be used to
determine appropriate designations:
a. For historic landslides, areas designated as
quaternary slumps, earthflows, mudflows, or landslides on maps
published by the U.S. Geological Survey or the WDNR Division of
Geology and Earth Resources;
b. For potential or historic landslides, those areas
mapped by the WDNR (slope stability mapping) as unstable (U or
Class 3), unstable old slides (UOS or Class 4), or unstable recent
slides (URS or Class 5);
c. For soil characteristics, the U.S. Department of
Agriculture's Natural Resources Conservation Service (NRCS)
Official Soil Survey Data; and
d. For general instability, those areas mapped by the
NRCS as having a significant limitation for building site
development.
C. Buffers_ _The buffers for areas of potential geologic
instability are intended to:
1. Minimize long-term impacts of development on
properties containing critical areas;
2. Protect critical areas from adverse impacts during
development;
3. Prevent loading of potentially unstable slope
formations;
4. Protect slope stability;
5. Provide erosion control and attenuation of
precipitation surface water and stormwater runoff; and
6. Reduce loss of or damage to property.
D. Each development proposal containing or threatened by
an area of potential geologic instability Class 2 or higher shall be
subject to a geotechnical report pursuant to the requirements of
TMC Chapter 18.45.040.C. The geotechnical report shall analyze
and make recommendations on the need for and width of any
setbacks or buffers necessary to achieve the goals and
requirements of this chapter. Development proposals shall then
include the buffer distances as defined within the geotechnical
report.
(Ord. 2625 §31, 2020)
Prgtced by the City of Tukwila, City Clerk's Office
Page 18-167
TITLE 18 — ZONING
18.45.130 Areas of Potential Geologic Instability Uses,
Exemptions, Alterations and Mitigation
A. General_ _The uses permitted in the underlying zoning
district may be undertaken on sites that contain areas of potential
geologic instability subject to the standards of this section and the
recommendations of a geotechnical study.
B. Exemptions_ —_The following areas are exempt from
regulation as geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark
or other similar landscaping or construction materials;
2. Slopes related to materials used as an engineered
pre -load for a building pad;
3. Roadway embankments within right-of-way or road
easements; and
4. Slopes retained by approved engineered structures.
C. Alterations::
1. Prior to permitting alteration of an area of potential
geologic instability, the applicant must demonstrate one of the
following:
a. There is no evidence of past instability or earth
movement in the vicinity of the proposed development, and, where
appropriate, quantitative analysis of slope stability indicates no
significant risk to the proposed development or surrounding
properties; or
b. The area of potential geologic instability can be
modified or the project can be designed so that any potential
impact to the project and surrounding properties is eliminated,
slope stability is not decreased, and the increase in surface water
discharge or sedimentation shall not decrease slope stability.
2. Where any portion of an area of potential geologic
instability is cleared for development, a landscaping plan for the
site shall include replanting of preferably native trees (an equal mix
of evergreen and deciduous), shrubs and groundcover. The
landscaping plan must be approved by the Director. Replacement
vegetation shall be sufficient to provide erosion and stabilization
protection.
3. Critical facilities shall not be sited within or below an
area of potential geologic instability unless there is no practical
alternative (demonstrated by the applicant).
4. Land disturbing activities in an area of potential
geologic instability shall provide for storm water quality and
quantity control, including preparation of a TESC and permanent
drainage plan prepared by a professional engineer licensed in
Washington.
5. Unless otherwise provided or as part of an approved
alteration, removal of vegetation from an area of potential geologic
instability or its buffer shall be prohibited. When permitted as part
of an approved alteration, vegetation removal shall be minimized
to the extent practicable.
6. Surface drainage, including downspouts, shall not be
directed across the face of an area of potential geologic instability;
if drainage must be discharged from the top of a hazard to its toe,
it shall be collected above the top and directed to the toe by tight
line drain, and provided with an energy dissipative device at the toe
for discharge to a swale or other acceptable natural drainage
areas.
7. Structures and improvements shall minimize
alterations to the natural contour of the slope, and foundations shall
be tiered where possible to conform to existing topography
(minimize grading/cut and fill to amount necessary).
8. The proposed development shall not result in greater
risk or a need for increased buffers on neighboring properties.
D. Disclosures, Declarations and Covenants_:
1. It shall be the responsibility of the applicant to submit,
consistent with the findings of the geotechnical report, structural
plans that were prepared and stamped by a structural engineer.
The plans and specifications shall be accompanied by a letter from
the geotechnical engineer who prepared the geotechnical report
stating that in his/her judgment the plans and specifications
conform to the recommendations in the geotechnical report, the
risk of damage to the proposed development site from soil
instability will be minimal subject to the conditions set forth in the
report, and the proposed development will not increase the
potential for soil movement.
2. Further recommendations signed and sealed by the
geotechnical engineer shall be provided should there be additions
or exceptions to the original recommendations based on the plans,
site conditions or other supporting data. If the geotechnical
engineer who reviews the plans and specifications is not the same
engineer who prepared the geotechnical report, the new engineer
shall, in a letter to the City accompanying the plans and
specifications, express his or her agreement or disagreement with
the recommendations in the geotechnical report and state that the
plans and specifications conform to his or her recommendations.
3. The architect or structural engineer shall submit to
the City, with the plans and specifications, a letter or notation on
the design drawings at the time of permit application stating that he
or she has reviewed the geotechnical report, understands its
recommendations, has explained or has had explained to the
owner the risks of loss due to slides on the site, and has
incorporated into the design the recommendations of the report
and established measures to reduce the potential risk of injury or
damage that might be caused by any earth movement predicted in
the report.
4. The owner shall execute a Critical Areas Covenant
and Hold Harmless Agreement running with the land on a form
provided by the City. The City will file the completed covenant with
the King County Department of Records and Licensing Services at
the expense of the applicant or owner. A copy of the recorded
covenant will be forwarded to the owner.
E. Assurance Devices:— Whenever the City determines
that the public interest would not be served by the issuance of a
permit in an area of potential geologic instability without assurance
of a means of providing for restoration of areas disturbed by, and
repair of property damage caused by, slides arising out of or
occurring during construction, the Director may require assurance
devices pursuant to TMC Section-18.45.210.
Produced by the City of Tukwila, City Clerk's Office
Page 18-16&03
TITLE 18 - ZONING
F. Construction Monitoring_:
1. Where recommended by the geotechnical report, the
applicant shall retain a geotechnical engineer to monitor the site
during construction. The applicant shall preferably retain the
geotechnical engineer who prepared the final geotechnical
recommendations and reviewed the plans and specifications. If a
different geotechnical engineer is retained by the owner, the new
geotechnical engineer shall submit a letter to the City stating
whether or not he/she agrees with the opinions and
recommendations of the original geotechnical engineer. Further
recommendations, signed and sealed by the geotechnical
engineer, and supporting data shall be provided should there be
exceptions to the original recommendations.
2. The geotechnical engineer shall monitor, during
construction, compliance with the recommendations in the
geotechnical report, particularly site excavation, shoring, soil
support for foundations including piles, subdrainage installations,
soil compaction and any other geotechnical aspects of the
construction. Unless otherwise approved by the City, the specific
recommendations contained in the soils report must be
implemented by the owner. The geotechnical engineer shall make
written, dated monitoring reports on the progress of the
construction to the City at such timely intervals as shall be
specified. Omissions-_ or-_ deviations-_ from-_ the-_ approved
plans-_ and specifications shall be immediately reported to the City.
The final construction monitoring report shall contain a statement
from the geotechnical engineer that based upon his or her
professional opinion, site observations and testing during the
monitoring of the construction, the completed development
substantially complies with the recommendations in the
geotechnical report and with all geotechnical-related permit
requirements. Occupancy of the project will not be approved until
the report has been reviewed and accepted by the Director.
G. Conditioning and Denial of Use or Developments_:
1. Substantial weight shall be given to ensuring
continued slope stability and the resulting public health, safety and
welfare in determining whether a development should be allowed.
2. The City may impose conditions that address site -
work problems which could include, but are not limited to, limiting
all excavation and drainage installation to the dryer season, or
sequencing activities such as installing erosion control and
drainage systems well in advance of construction. A permit will be
denied if it is determined by the Director that the development will
increase the potential of soil movement that results in an
unacceptable risk of damage to the proposed development, its site
or adjacent properties.
(Ord. 2625 §32, 2020)
18.45.140 Coal Mine Hazard Areas
A. Development of a site containing an abandoned mine
area may be permitted when a geotechnical report shows that
significant risks associated with the abandoned mine workings can
be eliminated or mitigated so that the site is safe. Approval shall be
obtained from the Director before any building or land -altering
permit processes begin.
B. Any building setback or land alteration shall be based on
the geotechnical report.
C. The City may impose conditions that address site -work
problems which could include, but are not limited to, limiting all
excavation and drainage installation to the dryer season, or
sequencing activities such as installing drainage systems or
erosion controls well in advance of construction. A permit will be
denied if it is determined that the development will increase the
potential of soil movement or result in an unacceptable risk of
damage to the proposed development or adjacent properties.
D. The owner shall execute a Critical Areas Covenant and
Hold Harmless Agreement running with the land on a form provided
by the City. The City will file the completed covenant with the King
County Division of Records and Licensing Services at the expense
of the applicant or owner. A copy of the recorded covenant will be
forwarded to the owner.
(Ord. 2625 §33, 2020)
18.45.150 Fish and Wildlife Habitat Conservation
Areas Designation, Mapping, Uses and Standards
A. Designation_:
1. Fish and wildlife habitat conservation areas include
the habitats listed below:
a. Areas with which endangered, threatened, and
sensitive species have a primary association;
b. Habitats and species of local importance,
including but not limited to bald eagle habitat, heron rookeries,
mudflats and marshes, and areas critical for habitat connectivity;
c. Naturally occurring ponds under 20 acres and
their submerged aquatic beds that provide fish or wildlife habitat;
d. Waters of the State;
e. State natural area preserves and natural resource
conservation areas; and
f. Lakes, ponds, streams, and rivers planted with
game fish by a governmental or tribal entity.
2. Type S watercourses, including the
Green/Duwamish River, are regulated under TMC Chapter 18.44
and not under this chapter.
3. Wetlands and watercourses are addressed under
TMC Sections-18.45.080, 18.45.090, 18.45.100 and 18.45.110,
and not under this section.
Prgced by the City of Tukwila, City Clerk's Office
Page 18-169
TITLE 18 — ZONING
B. Mapping_:
1. The approximate location and extent of known fish
and wildlife habitat conservation areas are identified by the City's
Critical Areas Maps, inventories, open space zones, and Natural
Environment Background Report.
2. In addition to the Critical Areas Maps, the following
maps are to be used as a guide for the City, but do not provide a
final habitat area designation:
a. Washington State Department of Fish and
Wildlife Priority Habitat and Species Maps;
b. Anadromous and resident salmonid distribution
maps contained in the Habitat Limiting Factors report for the
Green/Duwamish and Central Puget Sound Watersheds published
by King County and the Washington Conservation Commission;
and
c. NOAA Digital Coast for Washington State.
C. Buffers::
1. Each development proposal on, adjacent to, or with
the potential to impact a Fish and Wildlife Habitat Conservation
Area other than wetlands and watercourses shall be subject to a
habitat assessment report pursuant to the requirements of TMC
Sections 18.45.040.B. The habitat assessment shall analyze and
make recommendations on the need for and width of any setbacks
or buffers necessary to achieve the goals and requirements of this
chapter, with specific consideration of Priority Habitats and Species
Management Recommendations from the Washington Department
of Fish and Wildlife. —_Recommended buffers shall be no less than
100 feet in width.
2. Buffers may be increased by the Director when an
area is determined to be particularly sensitive to the disturbance
created by a development. —_Such a decision will be based on a
City review of the report as prepared by a qualified biologist and by
a site visit.
D. Uses and Standards: —_Each development proposal
on, adjacent, or with the potential to impact a Fish and Wildlife
Habitat Conservation Area that is not fully addressed under TMC
Sections 18.45.080, 18.45.090, 18.45.100 and 18.45.110 shall be
subject to a habitat assessment report pursuant to the
requirements of TMC Sections 18.45.040.B. The habitat
assessment shall analyze potential impacts to Fish and Wildlife
Habitat Conservation Areas and make recommendations to
minimize such impacts, with specific consideration of Priority
Habitats and Species Management Recommendations from the
Washington Department of Fish and Wildlife.
f Mrd 2625431 —020
18.45.155 Special Hazard Flood Areas
A. Regulations governing Special Hazard Flood Areas are
found in TMC Chapter 16.52, "Flood Plain Management," and TMC
Section 18.45.155.B.
B. Floodplain Habitat Assessment::
1. When development is proposed within a Special
Hazard Flood area, a floodplain habitat assessment shall be
prepared pursuant to the requirements of TMC Sections
18.45.040.B.
2. The floodplain habitat assessment shall address the
effects of the development on federally listed salmon, including, but
not limited to the following:
a. Impervious surfaces,
b. Floodplain storage and conveyance,
c. Floodplain and riparian vegetation, and
d. Stormwater drainage.
3. If the floodplain habitat assessment concludes that
the project is expected to have an adverse effect on listed species
as evaluated under the guidance issued for ESA compliance under
the National Flood Insurance Program in Puget Sound, the
applicant shall mitigate those impacts. Such mitigation shall be
consistent with, or in addition to, any mitigation required by this
chapter and shall be incorporated into the approved project plans.
4. Activities Exempt from Floodplain Habitat
Assessment: — _A floodplain habitat assessment is not required
under the following circumstances:
a. Projects that are undergoing or have undergone
consultation with the National Marine Fisheries Service under the
Endangered Species Act.
b. Repair or remodeling of an existing structure, if
the repair or remodeling is not a substantial improvement.
c. Expansion of an existing structure that is no
greater than 10 percent beyond its existing footprint; provided that
the repairs or remodeling are not a substantial improvement, or a
repair of substantial damage. This measurement is counted
cumulatively from September 22, 2011. If the structure is in the
floodway, there shall be no change in the dimensions
perpendicular to flow.
d. Activities with the sole purpose of creating,
restoring, or enhancing natural functions provided the activities do
not include construction of structures, grading, fill, or impervious
surfaces.
e. Development of open space and recreational
facilities, such as parks and trails, that do not include structures,
fill, impervious surfaces or removal of more than 5 percent of the
native vegetation on that portion of the property in the regulatory
floodplain.
f. Repair to on -site septic systems provided the
ground disturbance is the minimum necessary.
g. Other minor activities considered to have no
effect on listed species, as interpreted using ESA guidance issued
by the National Flood Insurance Program in Puget Sound and
confirmed through City review of the development proposal.
Produced by the City of Tukwila, City Clerk's Office
Page 18-17705
TITLE 18 - ZONING
{Ord. 2625 §35, 2020)
Prgjed by the City of Tukwila, City Clerk's Office Page 18-171
TITLE 18 — ZONING
18.45.158 Vegetation Protection and Management
A. Purpose: —The purpose of this section is to:
1. Regulate the protection of existing trees and native
vegetation in the critical areas and their buffers;-
2. Establish requirements for removal of invasive plants
at the time of development or re -development of sites;
3. Establish requirements for the long-term
maintenance of native vegetation to prevent establishment of
invasive species and promote ecosystem processes.—_
B. Applicability_. _This chapter sets forth rules and
regulations to control maintenance and clearing of trees within the
City of Tukwila for properties located within a critical area or its
associated buffer. For properties located within the Shoreline
jurisdiction, the maintenance and removal of vegetation shall be
governed by TMC Chapter 18.44, "Shoreline Overlay." TMC
Chapter 18.54, "Urban Forestry and Tree Regulations," shall
govern tree removal on any undeveloped land and any land zoned
Low Density Residential (LDR) that is developed with a single-
family residence. TMC Chapter 18.52, "Landscape Requirements,"
shall govern the maintenance and removal of landscaping on
developed properties zoned commercial, industrial, or multifamily,
and on properties located in the LDR zone that are developed with
a non -single family residential use. The most stringent regulations
shall apply in case of a conflict.
C. Vegetation Retention and Replacement_:
1. Retention::
a. Native vegetation in critical areas and their buffers
must be protected and maintained. No removal of native vegetation
is allowed without prior approval by the City except in cases of
emergency where an imminent hazard to public life, safety or
property exists. Vegetation may be removed from the buffer as part
of an enhancement plan approved by the Director. Enhancements
will ensure that slope stability and wetland quality will be
maintained or improved. Any temporary disturbance of the buffers
shall be replanted with a diverse plant community of native
northwest species.
b. Invasive vegetation (blackberry, ivy, laurel, etc.)
may be removed from a critical area or its buffer except steep
slopes without a permit if removal does not utilize heavy
equipment. —_The use of herbicide by a licensed contractor with
certifications as needed from the Washington Department of
Ecology and the Washington Department of Agriculture is
permitted but requires notification prior to application to the City
and shall comply with TMC Section 18.45.158.E.3. Invasive
vegetation removal on steep slopes requires prior City approval.
c. Hazardous or defective trees, as defined in TMC
Chapter 18.06, may be removed from a critical area if threat posed
by the tree is imminent. If the hazard is not obvious, an assessment
by a certified professional, as defined in Chapter TMC 18.06, may
be required by the Director. Dead and hazardous trees should
remain standing or be cut and placed within the critical area to the
extent practicable to maximize habitat. Tree replacement in
accordance with this chapter is required for any hazardous tree
removed from a critical area.
d. In the case of development or re -development, as
many significant trees and as much native vegetation as possible
are to be retained on a site, taking into account the condition and
age of the trees. —_As part of a land use application including,
but not limited to, subdivision or short plat, design review or
building permit review, the Director of Community Development or
the Board of Architectural Review may require alterations in the
arrangement of buildings, parking or other elements of proposed
development in order to retain significant vegetation.
2. Permit Requirements:— Prior to any tree removal
or site clearing, unless it is part of Special Permission approval for
interrupted buffer, buffer averaging or other critical areas deviation,
a Type ,42 Critical Area Tree Removal and Vegetation Clearing
Permit Tree Removal and Vegetation Clearing Permit application
that meets the application requirements of TMC 18.104 must be
submitted to the Department of Community Development (DCD)
containing the following information:
a. A vcgctation survcy on a sitc plan that shows tho
diameter, species and location of all significant trees and all
existing native vcgctation.
b. A site plan that shows trees and native vegetation to
be retained and trees to be removed and provides a table showing
the number of significant trees to be removed and the number of
replacement trees required.
c. Tree protection zones and other measures to protect
any trees or nativc vcgctation that arc to be retained for sites
undergoing development or re development.
d. Location of the OHWM, stream buffer, wetland,
wetland buffer, steep slope or any other critical areas with their
buffers.
c. A landscape plan that shows diamctcr, species
name, spacing and planting location for any required replacement
trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of
hazardous trees if required by DCD.
g. An application fcc in accordancc with tho
Consolidated Permit Fee Schedule adopted by resolution of the
City Council.
3. Criteria for Tree Removal in a Critical Area or its
Buffer: Type Type 2 Critical Area Tree Removal and Vegetation
Clearing Permit application shall only be approved if the proposal
complies with the following criteria as applicable:
a. The site is undergoing development or
redevelopment.
b. Tree poses a risk to structures.
c. There is imminent potential for root or canopy
interference with utilities.
d. Tree interferes with the access and passage on
public trails.
e. Tree condition and health is poor; the City may
require an evaluation by an International Society of Arborists (ISA)
certified arborist.
f. Trees present an imminent hazard to the public.
If the hazard is not readily apparent, the City may require an
Produced by the City of Tukwila, City Clerk's Office
Page 18-17307
TITLE 18 — ZONING
evaluation by an International Society of Arborists (ISA) certified
arborist.
g. The proposal complies with tree retention,
replacement, maintenance and monitoring requirements of this
chapter.
4. Tree Replacement Requirements:. _Where
permitted, significant trees that are removed, illegally topped, or
pruned by more than 25% within a critical area shall be replaced
pursuant to the Tree Replacement Requirements Table (below), up
to a density of 100 trees per acre (including existing trees).
Significant trees that are part of an approved landscape plan on
the developed portion of the site are subject to replacement per
TMC Chapter 18.52. Dead or dying trees removed that are part of
an approved landscape plan on the developed portion of the site
shall be replaced at a 1:1 ratio in the next appropriate planting
season. Dead or dying trees located within the critical area or its
buffer shall be left in place as wildlife snags, unless they present a
hazard to structures, facilities or the public. Removal of dead, dying
or otherwise hazardous trees in non -developed areas are subject
to the replacement requirements listed in the "Tree Replacement
Requirements" Table below. The Director may require additional
trees or shrubs to be installed to mitigate any potential impact from
the loss of this vegetation as a result of new development.
Table 18.45.158-1 — Tree Replacement Requirements
(*measured at height of 4.5 feet
from -the -ground)
4 6 inches (single trunk);
2 inches (any trunk of a multi trunk tree)
Over 6 8 inches
Number --of
Replacement
Trees -Required
3
4
Over 8 20 inches
6
Over 20 inches
8
5. If all required replacement trees cannot be
reasonably accommodated on the site, the applicant shall pay into
a tree replacement fund in accordance with the Consolidated
Permit Fee Schedule adopted by resolution of the City Council.
6. Topping of trees is prohibited and will be regulated
as removal subject to the Tree Replacement Requirements Table
listed above.
7. Pruning of trees shall not exceed 25% of canopy in a
36-month period. Pruning in excess of 25% canopy shall be
regulated as removal with tree replacement required per the Tree
Replacement Requirements Table listed above. —_Trees may only
be pruned to lower their height to prevent interference with an
overhead utility line with prior approval by the Director as part of
Type 2 Critical Area Tree Removal and Vegetation Clearing Permit.
The pruning must be carried out under the direction of a Qualified
Tree Professional or performed by the utility provider under the
direction of a Qualified Tree Professional. The crown shall be
maintained to at least 2/3 the height of the tree prior to pruning.-
D. Tree Protection_:
All trees not proposed for removal as part of a project or
development shall be protected using Best Management Practices
and the standards below.
1. The Critical Root Zones (CRZ) for all trees
designated for retention, on site or on adjacent property as
applicable, shall be identified on all construction plans, including
demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during
construction shall be covered immediately and kept moist with
appropriate materials. The City may require a third -party Qualified
Tree Professional to review long-term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or
plywood or other approved equivalent, shall be placed around
each individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical
barriers shall be based on the approximate age of the tree (height
and canopy) as follows:
a. Young trees (trees which have reached less than
20% of life expectancy): =0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80%
of life expectancy):—_1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached
greater than 80% of life expectancy):—_1.5 feet per inch of trunk
diameter.
Diameter* of Tree Removed
Number of
(*measured at height of 4.5 feet
Replacement
from the ground)
Trees Required
4 - 6 inches (single trunk);
3
2 inches (any trunk of a multi -trunk tree)_
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
5. Alternative protection methods may be used that
provide equal or greater tree protection if approved by the Director.
6. A weatherproof sign shall be installed on the fence or
barrier that reads: —
"TREE PROTECTION ZONE — THIS FENCE SHALL
NOT BE REMOVED OR ENCROACHED UPON. No soil
disturbance, parking, storage, dumping or burning of
materials is allowed within the Critical Root Zone. The
value of this tree is $ [insert value of tree as determined
by a Qualified Tree Professional here]. Damage to this
tree due to construction activity that results in the death
or necessary removal of the tree is subject to the
Violations section of TMC Chapter 18.45."
7. All tree protection measures installed shall be
inspected by the City and, if deemed necessary a Qualified Tree
Professional, prior to beginning construction or earth moving.
8. Any branches or limbs that are outside of the CRZ
and might be damaged by machinery shall be pruned prior to
construction by a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood
chip mulch. Mulch shall not be placed directly against the trunk. A
Prged by the City of Tukwila, City Clerk's Office
Page 18-173
TITLE 18 — ZONING
6-inch area around the trunk shall be free of mulch. Additional
measures, such as fertilization or supplemental water, shall be
carried out prior to the start of construction if deemed necessary by
the Qualified Tree Professional's report to prepare the trees for the
stress of construction activities.-
10. No storage of equipment or refuse, parking of
vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including
trenching, shall be allowed within the CRZ. Grade changes within
10 feet of the CRZ shall be approved by the City prior to
implementation.
12. The applicant is responsible for ensuring that the
CRZ of trees on adjacent properties are not impacted by the
proposed development.-
13. A pre -construction inspection shall be conducted by
the City to finalize tree protection actions.-
14. Post -construction inspection of protected trees shall
be conducted by the City and, if deemed necessary by the City, a
Qualified Tree Professional. All corrective or reparative pruning will
be conducted by a Qualified Tree Professional.
E. Plant Materials Standards:
For any new development, redevelopment or restoration in a
Critical Area, invasive vegetation must be removed, and native
vegetation planted and maintained in the Critical Area and its
buffer.
1. A planting plan prepared by a qualified biologist shall
be submitted to the City for approval that shows plant species, size,
number, spacing, soil preparation irrigation, and invasive species
removal. The requirement for a biologist may be waived by the
Director for single family property owners when the mitigation area
is less than 1,500 square feet.
2. Invasive vegetation must be removed as part of site
preparation and native vegetation planted in the Critical Area and
its buffer where impacts occur.
3. Removal of invasive species shall be done by hand
or with hand-held power tools. The use of herbicide by a licensed
contractor with certifications as needed from the Washington
Department of Ecology and the Washington Department of
Agriculture is permitted but requires notification prior to application
to the City and shall comply with this TMC Section-18.45.158.E.3.
Where removal is not feasible by hand or with hand-held power
tools and mechanized equipment is needed, the applicant must
obtain a Type 2 permit prior to work being conducted. Removal of
invasive vegetation must be conducted so that the slope stability,
if applicable, will be maintained and native vegetation is protected.
A plan must be submitted indicating how the work will be done and
what erosion control and tree protection features will be utilized.
Federal and State permits may be required for vegetation removal
with mechanized equipment.
4. Removal of invasive vegetation may be phased over
several years prior to planting, if such phasing is provided for by a
plan approved by the Director to allow for alternative approaches,
such as sheet mulching and goat grazing. —_The method selected
shall not destabilize the bank or cause erosion.
5. A combination of native trees, shrubs and
groundcovers (including but not limited to grasses, sedges, rushes
and vines) shall be planted. —_Site conditions, such as topography,
exposure, and hydrology shall be taken into account for plant
selection. Other species may be approved if there is adequate
justification.
6. Non-native trees may be used as street trees in
cases where conditions are not appropriate for native trees (for
example where there are space or height limitations or conflicts
with utilities).
7. Plants shall meet the current American Standard for
Nursery Stock (American Nursery and Landscape Association —
ANLA).
8. Smaller plant sizes (generally one gallon, bareroot,
plugs, or stakes, depending on plant species) are preferred for
buffer plantings. Willow stakes must be at least 1/2-inch in
diameter. For existing developed areas refer to TMC Chapter
18.52, "Landscape Requirements," for plant sizes in required
landscape areas.
9. Site preparation and planting of vegetation shall be in
accordance with Best Management Practices for ensuring the
vegetation's long-term health and survival. Irrigation is required for
all plantings for the first three years as approved by the Director.
10. Plants may be selected and placed to allow for public
and private view corridors with approval by Director.
11. Native vegetation in critical areas and their buffers
installed in accordance with the preceding standards shall be
maintained by the property owner to promote healthy growth and
prevent establishment of invasive species. Invasive plants (such
as blackberry, ivy, knotweed, bindweed) shall be removed on a
regular basis, according to the approved maintenance plan.
12. Critical areas, including steep slopes disturbed by
removal of invasive plants or development, shall be replanted with
native vegetation where necessary to maintain the density shown
in the Critical Area Buffer Vegetation Planting Densities Table
below, and must be replanted in a timely manner except where a
long-term removal and re -vegetation plan, as approved by the City,
is being implemented.
Table 18.45.158-2 —
Critical Area Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along
streambank
(willows, red osier dogwood)
1 - 2 feet on center or per
bioengineering method
Shrubs
3 - 5 feet on center, depending
on species
Trees
15 — 20 feet on center, depending
on species
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
1 —1.5 feet on center, depending
on species
Native seed mixes
5 — 25 lbs. per acre, depending
on species
Produced by the City of Tukwila, City Clerk's Office
Page 18-177Q9
TITLE 18 — ZONING
13. The Department Director, in consultation with the
City's environmentalist, may approve the use of shrub planting and
installation of willow stakes to be counted toward the tree
replacement standard in the buffer if proposed as a measure to
control invasive plants and increase buffer function.
F. Vegetation Management in Critical Areas: —_The
requirements of this section apply to all existing and new
development within critical areas.
1. Trees and shrubs may only be pruned for safety, to
maintain access corridors and trails by pruning up or on the sides
of trees, to maintain clearance for utility lines, and/or for improving
critical area ecological function. No more than 25% may be pruned
from a tree within a 36-month period without prior City review. This
type of pruning is exempt from any permit requirements.
2. Plant debris from removal of invasive plants or
pruning shall be removed from the site and disposed of properly
unless on -site storage is approved by the Director. Per King County
Noxious Weed Control Program guidelines, regulated noxious
weeds shall be disposed of in the landfill/trash and non -regulated
noxious weeds may be disposed of in green waste or composted
on site.
3. Use of pesticides_:
a. Pesticides (including herbicides, insecticides, and
fungicides) shall not be used in the critical area or its buffer except
where:
(1) Alternatives such as manual removal,
biological control, and cultural control are not feasible given the
size of the infestation, site characteristics, or the characteristics of
the invasive plant species and herbicide is determined to be least
ecologically impactful;
(2) The use of pesticides has been approved
by the City through a comprehensive vegetation or pest
management and monitoring plan, or a King County Noxious Weed
Control Program Best Management Practices document;
(3) The pesticide is applied in accordance with
state regulations;
(4) The proposed herbicide is approved for
aquatic use by the U.S. Environmental Protection Agency; and
(5) The use of pesticides in the critical area
jurisdiction is approved by the City and the applicant presents a
copy of the Aquatic Pesticide Permit issued by the Department of
Ecology or Washington Department of Agriculture, if required.
b. Self-contained rodent bait boxes designed to
prevent access by other animals are allowed.
c. Sports fields, parks, golf courses and other
outdoor recreational uses that involve maintenance of extensive
areas of turf shall implement an integrated turf management
program or integrated pest management plan designed to ensure
that water quality in the critical area is not adversely impacted.
4. Restoration Project Plantings:. _Restoration
projects may overplant the site as a way to discourage the re-
establishment of invasive species. Thinning of vegetation without
a separate Type 2 Special PermissionCritical Area or critical ar o
tree permitTree Permit may be permitted five to ten years after
planting if this approach is approved as part of the restoration
project's maintenance and monitoring plan and with approval by
the City prior to thinning work.—
Prge.4wyed by the City of Tukwila, City Clerk's Office
Page 18-175
TITLE 18 — ZONING
G. Maintenance and Monitoring_;_
The property owner is required to ensure the viability and long-
term health of vegetation planted for replacement or mitigation
through proper care and maintenance for the life of the project
subject to permit requirements as follows:
1. Tree Replacement and Vegetation Clearing
Permit Requirements::
a. Schedule an inspection with the City of Tukwila's
Urban Environmentalist to document planting of the correct
number and type of plants.
b. Submit annual documentation of tree and
vegetation health for three (3) years.
2. Restoration and Mitigation Project
Requirements::
a. A five (5) -year monitoring and maintenance plan
must be approved by the City prior to permit issuance. The
monitoring period will begin when the restoration is accepted by
the City and as -built plans have been submitted.
b. Monitoring reports shall be submitted annually for
City review up until the end of the monitoring period. Reports shall
measure survival rates against project goals and present
contingency plans to meet project goals.
c. Mitigation will be complete after project goals
have been met and accepted by the City of Tukwila's Urban
Environmentalist.
d. A performance bond or financial security equal to
150% of the cost of labor and materials required for implementation
of the planting, maintenance and monitoring shall be submitted
prior to City acceptance of project.
{Ord. 2625 §36, 2020}
18.45.160 Critical Area Master Plan Overlay
A. The purpose of this section is to provide an alternative to
preservation of existing individual wetlands, watercourses and their
buffers in situations where an area -wide plan for alteration and
mitigation will result in improvements to water quality, fish and
wildlife habitat and hydrology beyond those that would occur
through the strict application of the provisions of TMC Chapter
18.45.
B. The City Council may designate certain areas as Critical
Area Master Plan Overlay Districts for the purpose of allowing and
encouraging a comprehensive approach to critical area protection,
restoration, enhancement and creation in appropriate
circumstances utilizing best available science. Designation of
Critical Area Master Plan Overlay Districts shall occur through the
Type 5-4 decision process established by TMC Chapter 18.104.
C. Criteria for designating a Critical Area Master Plan
Overlay District shall be as follows:
1. The overlay area shall be at least 10 acres.
2. The City Council shall find that preparation and
implementation of a Critical Area Master Plan is likely to result in
net improvements in critical area functions when compared to
development under the general provisions of TMC Chapter 18.45.
D. Within a Critical Area Master Plan Overlay District, only
those uses permitted under TMC Sections 18.45.070, 18.45.090
and 18.45.110 shall be allowed within a Category I wetland or its
buffer.
E. Within a Critical Area Master Plan Overlay District, the
uses permitted under TMC Sections 18.45.070, 18.45.090 and
18.45.110 and other uses as identified by an approved Critical Area
Master Plan shall be permitted within Category III and Category IV
wetlands and their buffers; and within Type F, Np and Ns
watercourses and their buffers, provided that such uses are
allowed by the underlying zoning designation.
F. A Critical Area Master Plan shall be prepared under the
direction of the Director of Community Development. Consistent
with subsection A, the Director may approve development activity
within a Critical Area Overlay District for the purpose of allowing
and encouraging a comprehensive approach to critical areas
protection, creation, and enhancement that results in
environmental benefits that may not be otherwise achieved
through the application of the requirements of TMC Chapter 18.45.
G. The Director shall consider the following factors when
determining whether a proposed Critical Areas Overlay and Master
Plan results in an overall net benefit to the environment and is
consistent with best available science:
1. Whether the Master Plan is consistent with the goals
and policies of the Natural Environment Element and the
Shorelines Element (if applicable) of the Tukwila Comprehensive
Plan.
2. Whether the Master Plan is consistent with the
purposes of TMC Chapter 18.45 as stated in TMC Section
18.45.010.
3. Whether the Master Plan includes a Mitigation Plan
that incorporates stream or wetland restoration, enhancement or
creation meeting or exceeding the requirements of TMC Section
18.45.090 and/or TMC Section 18.45.110, as appropriate.
4. Whether proposed alterations or modifications to
critical areas and their buffers and/or alternative mitigation results
in an overall net benefit to the natural environment and improves
critical area functions.
5. Whether the Mitigation Plan gives special
consideration to conservation and protection measures necessary
to preserve or enhance anadromous fisheries.
6. Mitigation shall occur on -site unless otherwise
approved by the Director. The Director may approve off -site
mitigation only upon determining that greater protection,
restoration or enhancement of critical areas could be achieved at
an alternative location within the same watershed.
7. Where feasible, mitigation shall occur prior to
grading, filling or relocation of wetlands or watercourses.
8. At the discretion of the Director, a proposed Master
Plan may undergo peer review, at the expense of the applicant.
Peer review, if utilized, shall serve as one source of input to be
utilized by the Director in making a final decision on the proposed
action.
Produced by the City of Tukwila, City Clerk's Office
Page 18-1771 1
TITLE 18 — ZONING
H. A Critical Area Master Plan shall be subject to approval
by the Director of Community Development. Such approval shall
not be granted until the Master Plan has been evaluated through
preparation of an Environmental Impact Statement (EIS) under the
requirements of TMC Chapter 21.04. The EIS shall compare the
environmental impacts of development under the proposed Master
Plan relative to the impacts of development under the standard
requirements of TMC Chapter 18.45. The Director shall approve
the Critical Area Master Plan only if the evaluation clearly
demonstrates overall environmental benefits, giving special
consideration to conservation or protection measures necessary to
preserve or enhance anadromous fisheries.
I. The critical area buffer widths for those areas that were
altered, created or restored as mitigation (Wetland 10, 1, Johnson
Creek and the Green River off -channel habitat), at the time of
approval of the Sensitive Area Master Plan (SAMP) Permit No.
L10-014 shall be vested as shown on Map A to be codified as
Figure 18-59; provided the adjacent land was cleared and graded
pursuant to a City -approved grading permit; and provided further
that those mitigation measures required by the SAMP were
performed and meet the ecological goals, in accordance with the
terms of the SAMP.
{Ord. 2625 §37, 2020)
18.45.170 Critical Area Tracts and Easements
A. In development proposals for planned residential or
mixed use developments, short subdivisions or subdivisions, and
boundary line adjustments and binding site plans, applicants shall
create critical areas tracts or easements, in lieu of an open space
tract, per the standards of the Planned Residential Development
District chapter of this title.
B. Applicants proposing development involving uses other
than those listed in TMC Section 18.45.170.A, on parcels
containing critical areas or their buffers, may elect to establish a
critical areas tract or easement which shall be:
1. If under one ownership, owned and maintained by
the owner;
2. If held in common ownership by multiple owners,
maintained collectively; or
3. Dedicated for public use if acceptable to the City or
other appropriate public agency.
C. A notice shall be placed on the property title or plat map
that critical area tracts or easements shall remain undeveloped in
perpetuity.
(Ord. 2625 §38, 2020)
18.45.180 Exceptions
A. Reasonable Use Exceptions_:
1. If application of TMC Chapter 18.45 would deny all
reasonable use of the property containing designated critical areas
or their buffers, the property owner or the proponent of a
development proposal may apply for a reasonable use exception.
2. Applications for a reasonable use exception shall be
a Type 3 decision and shall be processed pursuant to TMC
Chapter 18.104.
3. If the applicant demonstrates to the satisfaction of the
Hearing Examiner that application of the provisions of TMC
Chapter 18.45 would deny all reasonable use of the property,
development may be allowed that is consistent with the general
purposes of TMC Chapter 18.45 and the public interest.
4. The Hearing Examiner, in granting approval of the
reasonable use exception, must determine that:
a. There is no feasible on -site alternative to the
proposed activities, including reduction in size or density,
modifications of setbacks, buffers or other land use restrictions or
requirements, phasing of project implementation, change in timing
of activities, revision of road and lot layout, and/or related site
planning that would allow a reasonable economic use with fewer
adverse impacts to the critical area.
b. As a result of the proposed development there will
be no unreasonable threat to the public health, safety or welfare on
or off the development proposal site.
c. Alterations permitted shall be the minimum
necessary to allow for reasonable use of the property.
d. The proposed development is compatible in
design, scale and use with other development with similar site
constraints in the immediate vicinity of the subject property if such
similar sites exist.
e. Disturbance of critical areas and their buffers has
been minimized to the greatest extent possible.
f. All unavoidable impacts are fully mitigated.
g. The inability to derive reasonable use of the
property is not the result of:
(1) a segregation or division of a larger parcel
on which a reasonable use was permittable after the effective date
of Sensitive Areas Ordinance No. 1599, June 10, 1991;
(2) actions by the owner of the property (or the
owner's agents, contractors or others under the owner's control)
that occurred after the effective date of the critical areas ordinance
provisions that prevents or interferes with the reasonable use of
the property; or
(3) a violation of the critical areas ordinance.
h. The Hearing Examiner, when approving a
reasonable use exception, may impose conditions, including but
not limited to a requirement for submission and implementation of
an approved mitigation plan designed to ensure that the
development:
(1) complies with the standards and policies of
this chapter to the extent feasible; and
(2) does not create a risk of damage to other
property or to the public health, safety and welfare.
i. Approval of a reasonable use exception shall not
eliminate the need for any other permit or approval otherwise
required for a project, including but not limited to design review.
B. Emergencies_: Alterations in response to an emergency
that poses an immediate threat to public health, safety or welfare,
Prge.(Eced by the City of Tukwila, City Clerk's Office
Page 18-177
TITLE 18 - ZONING
or that poses an immediate risk of damage to private property may
be excepted. Any alteration undertaken as an emergency shall be
reported within one business day to the Community Development
Department. The Director shall confirm that an emergency exists
and determine what, if any, mitigation and conditions shall be
required to protect the health, safety, welfare and environment and
to repair any damage to the critical area and its required buffers.
Emergency work must be approved by the City. If the Director
determines that the action taken, or any part thereof, was beyond
the scope of an allowed emergency action, then the enforcement
provisions of TMC Section-18.45.195 shall apply.
(Ord. 2625 §39, 2020)
18.45.190 Time Limitation, Appeals and Vesting
A. Time Limitation :_Type 2 Special PermissionCritical
Area Permit decisions for interrupted buffer, buffer averaging or
other alterations shall expire one year after the decision unless an
extension is granted by the Director. -_Type 1 Ttree Ppermits for
tree removal within critical areas or their buffers shall expire one
year after the permit is issued, unless an extension is granted by
the Director. -_Extensions of a Type 2 Special Permission or Type
1 tree permit may be granted if:
1. Unforeseen circumstances or conditions necessitate
the extension of the permit; and
2. Termination of the permit would result in
unreasonable hardship to the applicant; and the applicant is not
responsible for the delay; and
3. The extension of the permit will not cause substantial
detriment to existing uses, critical areas, or critical area buffers in
the immediate vicinity of the subject property.
B. Appeals_ —_Any appeal of a final decision made by the
Community Development Department, pursuant to TMC Chapter
18.45; shall be an appeal of the underlying permit or approval. Any
such appeal shall be processed pursuant to TMC Section
18.108.020 and TMC Chapter 18.116.
C. In considering appeals of decisions or conditions, the
following shall be considered:
1. The intent and purposes of this chapter;
2. Technical information and reports considered by the
Community Development Department; and
3. Findings of the Director, which shall be given
substantial weight.
D. Vesting_ —_Projects are vested to the critical areas
ordinance in effect at the time a complete building permit is
submitted except for short plats, subdivisions, binding site plans,
and shoreline permits. Short plats or subdivisions or binding site
plans are vested to the critical area ordinance in effect at the time
complete application is submitted for preliminary plats -subdivision
or for the binding site plan. The final platsubdivision and all future
building permits on the lots remain vested to that same critical
areas ordinance in effect for the preliminary platsubdivision or
preliminary binding site plan application, so long as building
permits are applied for within five (5) years of the final
platsubdivision. For single-family residential short plats and
ssubdivisions that received preliminary_-piat-approval prior to the
adoption of this ordinance, building permits on the lots shall be
considered under the critical areas ordinance in effect on the date
of the preliminary platsubdivision application provided complete
building or construction permits are submitted within five years of
the final platsubdivision approval. Vesting provisions for shoreline
permits are provided in TMC Chapter 18.44.
(Ord 40, 2920)
18.45.195 Violations
A. Violations: —_Failure to comply with any requirement of
this chapter shall be deemed a violation subject to enforcement
pursuant to this chapter and TMC Chapter 8.45.-_The following
actions shall be considered a violation of this chapter:
1. To use, construct or demolish a structure or to
conduct clearing, earth -moving, construction or other development
not authorized under a Special Permission, Reasonable Use or
other permit where such permit is required by this chapter.
2. Any work that is not conducted in accordance with
the plans, conditions, or other requirements in a permit approved
pursuant to this chapter, provided the terms or conditions are
stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or
order required by or posted in accordance with this chapter.
4. To misrepresent any material fact in any application,
plans or other information submitted to obtain any critical area use,
buffer reduction or development authorization.
5. To fail to comply with the requirements of this
chapter.
B. Penalties:,
1. Except as provided otherwise in this section, any
violation of any provision of this chapter, or failure to comply with
any of the requirements of this chapter, shall be subject to the
penalties prescribed in TMC Chapter 8.45, "Enforcement".
2. It shall not be a defense to the prosecution for failure
to obtain a permit required by this chapter that a contractor,
subcontractor, person with responsibility on the site, or person
authorizing or directing the work erroneously believed a permit had
been issued to the property owner or any other person.
3. Penalties for Tree Removal::
a. In addition to any other penalties or other
enforcement allowed by law, any person who fails to comply with
the provisions of this chapter also shall be subject to a civil penalty
assessed against the property owner as set forth herein. -_Each
unlawfully removed or damaged tree shall constitute a separate
violation.
b. Removal or damage of tree(s) without applying for
and obtaining required City approval is subject to a fine of $1,000
per tree, or up to the marketable value of each tree removed or
damaged as determined by a Qualified Tree Professional,
whichever is greater.
c. Any fines paid as a result of violations of this
chapter shall be allocated as follows:-_75% paid into the City's Tree
Fund; 25% into the General Fund.
Produced by the City of Tukwila, City Clerk's Office
Page 18-1113
TITLE 18 — ZONING
d. The Director may elect not to seek penalties or
may reduce the penalties if he/she determines the circumstances
do not warrant imposition of any or all of the civil penalties.
e. Penalties are in addition to the restoration of
removed trees through the remedial measures listed in TMC
Section 18.54.200.
f. It shall not be a defense to the prosecution for a
failure to obtain a permit required by this chapter that a contractor,
subcontractor, person with responsibility on the site or person
authorizing or directing the work erroneously believes a permit was
issued to the property owner or any other person.
C. Remedial Measures Required_. —_In addition to penalties
assessed, the Director shall require any person conducting work in
violation of this chapter to mitigate the impacts of unauthorized
work by carrying out remedial measures.
1. Any illegal removal of required trees shall be subject
to obtaining a Tree Permit and replacement with trees that meet or
exceed the functional value of the removed trees.
2. To replace the tree canopy lost due to the tree
removal, additional trees must be planted on -site. —_Payment shall
be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on -site. —_The number of
replacement trees required will be based on the size of the tree(s)
removed as stated in Table 18.45.158-1, Tree Replacement
Requirements.
3. The applicant shall satisfy the permit provisions as
specified in this chapter.
4. Remedial measures must conform to the purposes
and intent of this chapter. —in addition, remedial measures must
meet the standards specified in this chapter.
5. Remedial measures must be completed to the
satisfaction of the Director within 6 months of the date a Notice of
Violation and Order is issued pursuant to TMC Chapter 8.45, or
within the time period otherwise specified by the Director.
6. The cost of any remedial measures necessary to
correct violation(s) of this chapter shall be borne by the property
owner and/or applicant. Upon the applicant's failure to implement
required remedial measures, the Director may redeem all or any
portion of any security submitted by the applicant to implement
such remedial measures, pursuant to the provisions of this chapter.
(Ord. 2625 §41, 2020)
18.45.197 Enforcement
A. General:.— In addition to the Notice of Violation and Order
measures prescribed in TMC Chapter 8.45, the Director may take
any or all of the enforcement actions prescribed in this chapter to
ensure compliance with, and/or remedy a violation of this chapter;
and/or when immediate danger exists to the public or adjacent
property, as determined by the Director.
1. The Director may post the site with a "Stop Work"
order directing that all vegetation clearing not authorized under a
Tree Permit cease immediately. —_The issuance of a "Stop Work"
order may include conditions or other requirements which must be
fulfilled before clearing may resume.
2. The Director may, after written notice is given to the
applicant, or after the site has been posted with a "Stop Work"
order, suspend or revoke any Tree Permit issued by the City.
3. No person shall continue clearing in an area covered
by a "Stop Work" order, or during the suspension or revocation of
a Tree Permit, except work required to correct an imminent safety
hazard as prescribed by the Director.
B. Injunctive Relief. _Whenever the Director has
reasonable cause to believe that any person is violating or
threatening to violate this chapter or any provision of an approved
Special Permission or Tree Permit, the Director may institute a civil
action in the name of the City for injunctive relief to restrain the
violation or threatened violation. —_Such civil action may be
instituted either before or after, and in addition to, any other action,
proceeding or penalty authorized by this chapter or TMC Chapter
8.45.
C. Inspection Access:
1. The Director may inspect a property to ensure
compliance with the provisions of a Tree Permit or this chapter,
consistent with TMC Chapter 8.45.
2. The Director may require a final inspection as a
condition of a Special Permission or Tree Ppermit issuance to
ensure compliance with this chapter. —_The permit process is
complete upon final approval by the Director.
(Ord. 2625 §42, 2020)
18.45.200 Recording Required
The property owner receiving approval of a use or
development permit pursuant to TMC Chapter 18.45 shall record
the City -approved site plan, clearly delineating the wetland,
watercourse, areas of potential geologic instability or abandoned
mine and their buffers designated by TMC Sections 18.45.080,
18.45.090, 18.45.100, 18.45.120, 18.45.140 and 18.45.150 with
the King County Division of Records and Licensing Services. The
face of the site plan must include a statement that the provisions of
TMC Chapter 18.45, as of the effective date of the ordinance from
which TMC Chapter 18.45 derives or is thereafter amended,
control use and development of the subject property, and provide
for any responsibility of the property owner for the maintenance or
correction of any latent defects or deficiencies. Additionally, the
applicant shall provide data (GPS or survey data) for updating the
City's critical area maps.
{Ord. 2625 §43, 2020)
18.45.210 Assurance Device
A. In appropriate circumstances, such as when mitigation is
not completed in advance of the project, the Director may require
a letter of credit or other security device acceptable to the City to
guarantee performance and maintenance requirements of TMC
Chapter 18.45. All assurances shall be on a form approved by the
City Attorney and be equal to 150% of the cost of the labor and
materials for implementation of the approved mitigation plan.
Prge.Mced by the City of Tukwila, City Clerk's Office
Page 18-179
TITLE 18 — ZONING
B. When alteration of a critical area is approved, the Director
may require an assurance device, on a form approved by the City
Attorney, to cover the cost of monitoring and maintenance costs
and correction of possible deficiencies for five years. If at the end
of five years performance standards are not being achieved, an
increase in the security device may be required by the Director.
When another agency requires monitoring beyond the City's time
period, copies of those monitoring reports shall be provided to the
City.
C. The assurance device shall be released by the Director
upon receipt of written confirmation submitted to the Department
from the applicant's qualified professional, and confirmed by the
City, that the mitigation or restoration has met its performance
standards and is successfully established. Should the mitigation or
restoration meet performance standards and be successfully
established in the third or fourth year of monitoring, the City may
release the assurance device early. The assurance device may be
held for a longer period, if at the end of the monitoring period, the
performance standards have not been met or the mitigation has
not been successfully established. In such cases, the monitoring
period will be extended and the bond held until the standards have
been met.
D. Release of the security does not absolve the property
owner of responsibility for maintenance or correcting latent defects
or deficiencies or other duties under law.
(Ord 2625 AAA 2020)
18.45.220 Assessment Relief
A. Fair Market Value:. _The King County Assessor
considers critical area regulations in determining the fair market
value of land under RCW 84.34.
B. Current Use Assessment:— Established critical area
tracts or easements, as defined in the Definitions chapter of this
title and provided for in TMC Section-18.45.170, may be classified
as open space and owners thereof may qualify for current use
taxation under RCW 18.34; provided, such landowners have not
received density credits, or setback or lot size adjustments as
provided in the Planned -_Residential Development District chapter
of this title.
C. Special Assessments:— Landowners who qualify under
TMC Section 18.45.220.B shall also be exempted from special
assessments on the critical area tract or easement to defray the
cost of municipal improvements such as sanitary sewers, storm
sewers and water mains.
(Ord. 2625 §45, 2020)
Produced by the City of Tukwila, City Clerk's Office Page 18-18815
TITLE 18 — ZONING
CHAPTER 18.46
PRD -
PLANNED RESIDENTIAL DEVELOPMENT
Sections:
18.46.010 Purpose
18.46.020 Permitted Districts
18.46.030 Permitted Uses
18.46.0460 Relationship of this Chapter to Other Sections and
Other Ordinances
18.46.0570 Multi -Family Density Standards
18.46.0680 Open Space
18.46.0740 Relationship to Adjacent Areas
18.46.08140 Application Procedure Required for PRD Approval
18.46.09142 Review Criteria
18.46.1004-5Restrictive Covenants Subject to Approval by City
Council and City Attorney
18.46.1120 Application Procedures for Building Permit
18.46.1230 Minor and Major Adjustments
18.46.1340 Expiration of Time Limits
18.46.010 Purpose
A. It is the purpose of this chapter to encourage imaginative
site and building design and to create open space in residential
developments by permitting greater flexibility in zoning require-
ments than is permitted by other sections of this title. -_Furthermore,
it is the purpose of this chapter to:
1. Promote the retention of significant features of the
natural environment, including topography, vegetation, waterways,
wetlands and views;
2. Encourage a variety or mixture of housing types;
3. Encourage maximum efficiency in the layout of
streets, utility networks, and other public improvements; and
4. Create and/or preserve usable open space for the
enjoyment of the occupants and the general public.
(Ord 11758 §1 (part\ 1995)
18.46.020 Permitted Districts
A. Planned residential development (PRD) may be permitted
in the LDR, MDR and HDR residential districts and in the TSO
district when there are wetlands, watercourses, and associated
buffers on the lot.
, ;
18.46.030 Permitted Uses
A. The following uses are allowed in planned residential de-
velopment:
1. In LDR Districts, only single-family detached
dwellings may be permitted;
2. In MDR and HDR Districts, residential developments
of all types regardless of the type of building in which such
residence is located, such as single-family residences, duplexes,
triplexes, fourplexes, rowhouses, townhouses or apartments;
provided, that all residences are intended for permanent
occupancy by their owners or tenants. —_Hotels, motels, and travel
trailers and mobile homes and trailer parks are excluded;
3. Accessory uses specifically designed to meet the
needs of the residents of the PRD such as garages and recreation
facilities of a noncommercial nature;
(Ord. 1758 §1 (part), 1995)
18.46.0460 Relationship of this Chapter to Other Sec-
tions and Other Ordinances
A. Lot Size, Building Height and Setbacks.
1. Lot Size and Setbacks. — _A maximum reduction of
15% for lot areas and setbacks in LDR Districts shall be permitted,
provided that the following are also substantially provided:
a. At least 15% of the natural vegetation is retained
(in cases where significant stands exist).
b. Advantage is taken or enhancement is achieved
of unusual or significant site features such as views, watercourses,
or other natural characteristics.
c. Separation of auto and pedestrian movement is
provided, especially in or near areas of recreation.
d. Development aspects of the PRD complement
the land use policies of the Comprehensive Plan.
2. Building Height. —_Building heights may be modified
within a PRD when it assists in maintaining natural resources and
significant vegetation, and enhances views within the site without
interfering with the views of adjoining property. —_For increases in
building height, there shall be a commensurate decrease in
impervious surface.
B. Off-street Parking. -_Off-street parking shall be provided in
a PRD in the same ratio for types of buildings and uses as required
in the Off-street Parking and Loading Regulations chapter of this
title. -_However, for multiple -family zoned sites with sensitive areas,
a minimum of two parking stalls per unit will be allowed, with a 50%
compact stalls allowance, and parking stalls in front of carports or
garages will be allowed if the design does not affect circulation.
Prge.4ied by the City of Tukwila, City Clerk's Office
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TITLE 18 - ZONING
C. Platting Subdivision Requirements. _The standards of the
subdivision code for residential subdivisions shall apply to planned
residential developments if such standards are not in conflict with
the provisions of this chapter. -_Upon final approval of the PRD,
filing of the PRD shall be in accordance with procedures of the
subdivision code if any lots are to be transferred.
D. Impervious Surface.- The maximum amount of impervi-
ous surface calculated for the total development allowed on
sensitive areas sites will be 50% for each single-family devel-
opment and each multi -family development.
E. Recreation Space Requirements. -_Sensitive areas and
stands of significant trees may be counted as area required to meet
the recreation space minimums, if usable passive recreation
opportunities within these areas are demonstrated. _Opportunities
could include connection and continuation of area -wide trail
systems, wildlife or scenic viewing opportunities, or picnic areas.
F. Landscape and Site Treatment for Sites with Class 2,
Class 3 and Class 4 Geologic Hazard Areas:
1. Downslope and Side Yard Buffers. -_Photomontage
or computer -generated perspectives, taken from the nearest
downslope off -site privately -owned property, shall show minimum
landscape coverage of 25% of the structures at the time of project
completion with anticipated 40% coverage within 15 years. -_This
standard may supplement or be in lieu of the applicable landscape
yard requirement.
2. Roads and Access Drives. -Any road or access drive
which cuts approximately perpendicular to a slope to the ridge line
of a hill shall have minimum five-foot planted medians._Trees shall
be a species that provides a branch pattern sufficient to provide, at
maturity, 50% coverage of the pavement area. -_Roads or drives
which require retaining walls parallel to the topographic line shall
plant roadside buffers of Northwest native plant species.
G. Review guidelines contained in TMC 18.60 "Design
ReviewBoard of Architectural Review", shall apply to PRDs.
H. For single-family developments, site plans shall include
placement and footprint of the residences, driveways and roads.
(Ord. 1758 §1 (part), 1995)
18.46.0570 Multi -Family Density Standards
A. In multiple -family residential districts, the City Council
may authorize a dwelling -unit density not more than 20% greater
than permitted by the underlying zones, after entry of findings that
the following are substantially provided:
1. A variety of housing types is offered.
2. At least 15% of the natural vegetation is retained (in
cases where significant stands exist).
3. Advantage is taken or enhancement is achieved of
unusual or significant site features such as views, watercourses,
wetlands or other natural characteristics.
4. Separation of auto and pedestrian movement is
provided, especially in or near areas of recreation.
5. Developmental aspects of the PRD complement the
land use policies of the Comprehensive Plan.
(Ord. 1770 §27, 1996; Ord. 1758 §1 (part), 1995)
18.46.0680 Open Space
A. Each planned residential development shall provide not
less than 20% of the gross site area for common open space which
shall:
1. Provide either passive or active recreation
concentrated in large usable areas;
2. Network with the trail and open space system of the
City and provide a connection and extension, if feasible; and
3. Be under one ownership, owned and maintained by
the ownership; or be held in common ownership by all of the
owners of the development by means of a homeowners' asso-
ciation or similar association.— Such association shall be re-
sponsible for maintenance of the common open space, or be
dedicated for public use if acceptable to the city or other appro-
priate public agency.
B. Planned residential developments shall set aside
sensitive areas and their buffers in a sensitive areas tract as
required by TMC 18.45.090, and will be exempted from other open
space requirements of this section.
(Ord. 1758 §1 (part), 1995)
18.46.0790 Relationship to Adjacent Areas
A. The design and layout of a planned residential
development shall take into account the integration and com-
patibility of the site to the surrounding areas. -The perimeter of the
PRD shall be so designed as to minimize any undesirable impact
of the PRD on adjacent properties.
B. Setbacks from the property lines of the PRD shall be
comparable to, or compatible with, those of the existing devel-
opment of adjacent properties or, if adjacent properties are un-
developed, the type of development which may be permitted.
(Ord. 1758 §1 (part), 1995)
18.46.08140 Application Procedure Required for PRD
Approval
A. Filing of Application. Application for approval of the PRD
shall be made on forms prescribed by the Department DCD and
shall be accompanied by a filing fee as required in the Application
Fees chapter of this title and by the following:
1. Justification for the density increases, or lot size and
setback reductions, if requested by the applicant;
2. Program for development including staging or timing
of development;
3. Proposed ownership pattern upon completion of the
project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance
of common open space through a homeowners' association, or
similar association, condominium development or other means
acceptable to the City;
6. An application for rezone may be submitted with the
PRD application if rezoning is necessary for proposed density.
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TITLE 18 - ZONING
Fees for rezone request shall be in addition to those of the PRD
application;
7. An application for preliminary platsubdivision may be
submitted with the PRD application, if necessary. Fees for the
subdivision shall be in addition to those of the PRD application;
8. Graphic images of development in any sensitive area
or buffer, including photomontage or computer -generated
perspectives in a standardized format required by the Director;
9. Every reasonable effort shall be made to preserve
existing trees and vegetation and integrate them into the subdi-
vision's design by preparing a tree inventory of the significant
vegetation on -site as part of the preliminary platsubdivision
application. A tree and vegetation retention/removal plan shall be
part of any preliminary platsubdivision application. Such tree and
vegetation retention/removal plan shall assure the preservation of
significant trees and vegetation.
B. City Council Public HearingApplication Review.
1. PRD s applications related to a subdivision or design
review permit shall be processed as Type 5 decisions, pursuant to
TMC 18.108.050. PRD's related to short plats, boundary lino
adjustments or binding site improvement plans shall be processed
as Type 2 decisions, pursuant to TMC 18.1048-:02-0.
2. The PRD shall be an exception to the regulations of
the underlying zoning district. The PRD shall constitute a limitation
on the use and design of the site unless modified by ordinance.
{Ord. 2097 §18, 2005; Ord. 1770 §29, 1996;
Ord. 1758 §1 (part), 1995)
18.46.090442 Review Criteria
A. The City Council shall find that the proposed development
plans meet all of the following criteria in their decision making:
1. Requirements of the subdivision code for the pro-
posed development have been met, if appropriate;
2. Reasons for density increases, or lot size and set-
back reductions, meet the criteria as listed in the Planned Resi-
dential Development District chapter of this title;
3. Adverse environmental impacts have been mitigated;
4. Compliance of the proposed PRD to the provisions of
this chapter and the Sensitive Areas Overlay District chapter of this
title;
5. Time limitations, if any, for the entire development
and specified stages have been documented in the application;
6. Development in accordance with the Comprehensive
Land Use Policy Plan and other relevant plans;
7. Compliance with design review guidelines (see TMC
Section 18.60); and
8. Appropriate retention and preservation of existing
trees and vegetation recommended by the Director.
18.46.1004-5 Restrictive Covenants Subject to
Approval by City Council and City Attorney
A. The restrictive covenants intended to be used by the
applicant in a planned residential development (PRD), which purports
to restrict the use of land or the location or character of buildings or
other structures thereon, must be approved by the City Council and
the City Attorney before the issuance of any building permit.
(Ord. 1758 §1 (part), 1995)
18.46.1120 Application Procedures for Building Permit
A. The following procedures are required for approval of con-
struction for the proposed planned residential development:
1. Time Limitation. _A complete application for the initial
building permit shall be filed by the applicant within twelve months
of the date on which the City Council approved the PRD.—_An
extension of time for submitting an application may be requested
in writing by the applicant, and an extension not exceeding six
months may be granted by the Director. If application for the initial
building permit is not made within twelve months or within the time
for which an extension has been granted, the plan shall be
considered abandoned, and the development of the property shall
be subject to the requirements and limitations of the underlying
zone and the subdivision code.
2. Application. -_Application for building permit shall be
made on forms prescribed by the DCDDepartment- and shall be
accompanied by a fee as prescribed by the building code.
3. Documentation Required._AII schematic plans either
presented or required in the approved PRD plans shall be included
in the building permit application presented in finalized, detailed
form. -_These plans shall include but are not limited to landscape,
utility, open space, circulation, and site or subdivision plans. -_Final
platsubdivisions and public dedication documents must be
approved by the City Council before the issuance of any building
permits.
4. Sureties Required for Staging. -_If the PRD is to be
developed in stages, sureties or other security device as shall be
approved by the City Attorney shall be required for the complete
PRD.-_The various stages or parts of the PRD shall provide the
same proportion of open space and the same overall dwelling unit
density as provided in the final plan.
5. DCDDepartment Action.- The DCDDepartment shall
determine whether the project plans submitted with the building
permit are in compliance with and carry out the objectives of the
approved PRD.
(Ord. 2097 §19, 2005; Ord. 1758 §1 (part), 1995)
Prge.4ied by the City of Tukwila, City Clerk's Office
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TITLE 18 — ZONING
18.46.1230 Minor and Major Adjustments
A. If minor adjustments or changes are proposed following
the approval of the PRD, by the City Council as provided in the
Planned Residential Development District chapter of this title, such
adjustments shall be approved by the BSODepartment- prior to the
issuance of a building permit. —_Minor adjustments are those which
may affect the precise dimensions or siting of structures, but which
do not affect the basic character or arrangement of structures
approved in the final plan, or the density of the development or
open space provided. —_Major adjustments are those which, as
determined by the-_DSBDepartment, substantially change the
basic design, density, open space, or other substantive
requirement or provision. —_If the applicant wishes to make one or
more major changes, a revised plan must be approved pursuant to
the Planned Residential Development District chapter of this title.
(Ord 1758 §1 (part, 1o95)
18.46.1340 Expiration of Time Limits
A. Construction of improvements in the PRD shall begin within
six months from the date of the issuance of the building/development
permit. —_An extension of time for beginning construction may be
requested in writing by the applicant, and such extension not
exceeding six months may be granted by the Department upon
showing of good cause. If construction does not occur within 12
months from the date of permit issuance or if this permit expires the
plan shall be considered abandoned, and the development of the
property shall be subject to the requirements and limitations of the
underlying zone and the Subdivision Code.
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TITLE 18 - ZONING
(Ord. 2097 §20, 2005; Ord. 1770 §31, 1996;
Ord. 1758 §1 (part), 1995)
Prged by the City of Tukwila, City Clerk's Office Page 18-185
TITLE 18 — ZONING
CHAPTER 18.50
SUPPLEMENTAL
DEVELOPMENT STANDARDS
Sections:
18.50.010 Purpose
18.50.020 Special Height Limitation Areas
18.50.030
18.50.045
18.50.050
18.50.055
18.50.060
18.50.070
18.50.080
18.50.083
18.50.085
18.50.090
18.50.110
18.50.130
18.50.140
18.50.150
18.50.170
18.50.180
18.50.185
18.50.190
18.50.200
18.50.210
18.50.220
18.50.240
18.50.250
18.50.260
18.50.270
Special Height Exception Areas
Height Regulations Around Major Airports
Single -Family Dwelling Design Standards
Single -Family Design Standard Exceptions
Cargo Containers as Accessory Structures
Yard Regulations
Exemption of Rooftop Appurtenances
Maximum Building Length
Maximum Percent Development Area Coverage
Height Limitation for Amusement Devices
Archaeological/Paleontological Information
Preservation Requirements
Structures Over Public R-O-W
Charging Station Locations
Retaining Wall Setback Waiver
Lighting Standards
Recycling Storage Space for Residential Uses
Recycling Storage Space for Non -Residential Uses
Design of Collection Points for Garbage and
Recycling Containers
Peer Review of Technical Studies
Marijuana Related Uses
Accessory Dwelling Unit (ADU) Standards
Home Occupations
Emergency Housing and Emergency Shelter
Criteria
Permanent Supportive Housing and Transitional
Housing Criteria
Memorandum of Agreement for Emergency
Housing, Emergency Shelter, Permanent
Supportive Housing or Transitional Housing
18.50.010 Purpose
A. It is the purpose of this chapter to establish development
standards that supplement those established within the various
use districts. —_These supplemental standards are intended to
address certain unique situations that may cross district
boundaries, and to implement related policies of the Tukwila
Comprehensive Plan.
{Ord. 1758 §1 (part), 1995)
18.50.020 Special Height Limitation Areas
A. There are hereby established special height limitation
areas, as depicted by Figure 18-3.
{Ord. 2368 §51, 2012; Ord. 2186 §1, 2007;
Ord. 1758 §1 (part), 1995)
18.50.030 Special Height Exception Areas
A. There are hereby established special height exception
areas as depicted by Figure 18-3, within which building heights of
up to four, six, or ten stories, as illustrated by the Figure, are
allowed, notwithstanding the height standards for zoning districts
within which the subject property may lie.
(Ord. 1758 §1 (part), 1995)
18.50.045 Height Regulations Around Major Airports
A. For the purposes of regulating heights within the vicinity
of major airports, there are established and created certain height
limitation zones which include all the land lying within the
instrument approach zones, non -instrument approach zones,
transition zones, horizontal zones and conical zones.— Such areas
may be shown and defined on an "airport height map" which shall
become a part of the ordinance codified in this section by adoption
of the Council and found on file in the office of the City Clerk. —_No
building or structure shall be erected, altered or maintained, nor
shall any tree be allowed to grow to a height in excess of the height
limit herein established in any of the several zones created by this
section; provided, however, that this provision shall not prohibit the
construction of or alteration of a building or structure to a height of
35 feet above the average finish grade of the lot. —_Where an area
is covered by more than one height limitation zone, the more
restrictive limitations shall prevail. —_Under the provision of this
section, the City adopts the following airport height map: —_Airport
Height Map: —_King County International Airport (Boeing Field),
August 1, 1986, and as the same may be amended.
(Ord. 1758 §1 (part), 1995)
18.50.050 Single -Family Dwelling Design Standards
A. All new single-family dwellings, as well as accessory
dwelling units and other accessory structures that require a
building permit, must:
1. Be set upon a permanent concrete perimeter
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 current edition of the
Washington State Energy Code with amendments.
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
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TITLE 18 — ZONING
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. —_This requirement does not
apply to ADUs or accessory structures.
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.
{Ord. 2678 §13, 2022; Ord. 2581 §9, 2018;
Ord. 2500 §23, 2016; Ord. 2098 §2, 2005)
18.50.055 Single -Family Design Standard Exceptions
A. The design standards required in TMC Section 18.50.050
(4), (5) and (6) may be modified by the Community Development
Director as part of the building permit approval process.
1. The criteria for approval of use of unconventional
exterior siding are as follows:
a. The structure exhibits a high degree of design
quality, including a mix of exterior materials, detailing, articulation
and modulation; and
b. The proposed siding material is durable with an
expected life span similar to the structure; and
c. The siding material enhances a unique
architectural design.
2. The criteria for approval of a house with a front door
that faces the side or rear yard are as follows:
a. The topography of the lot is such that pedestrian
access is safer or more convenient from the side or rear yard;
b. The entrance is oriented to take advantage of a
site condition such as a significant view; or
c. The entry feature is integral to a unique
architectural design.
B. The design standards required in TMC Section 18.50.050
(5) and (6) may also be modified by the Community Development
Director as part of the building permit approval process if the
proposal includes a replacement of a single wide manufactured
home with a double wide and newer manufactured home.— The
property owner can apply for this waiver only one time per property
starting from the date of adoption of this ordinance.=Additionally,
the proposal should result in aesthetic improvement to the
neighborhood.
C. The design standards required in TMC Section
18.50.220.A (4) may be modified by the Community Development
Director as part of the building permit approval process. —_The
design of an attached ADU that does not reflect the design
vocabulary of the existing primary residence may be approved if
the new portion of the structure exhibits a high degree of design
quality, including a mix of durable exterior materials, detailing,
articulation and modulation.
(Ord. 2678 §14, 2022; Ord. 2581 §10, 2018;
Ord. 2368 §52, 2012; Ord. 2098 §3, 2005)
18.50.060 Cargo Containers as Accessory Structures
A. Cargo containers are allowed outright in the LI, HI, MIC/L,
MIC/H and TVS zones, subject to building setbacks.
B. New containers may be allowed as accessory structures
in LDR, MDR, and HDR for institutional uses, and in RC, RCM,
TUC, TSO and C/LI for any permitted or conditional use. —All new
containers are subject to a Type 2 special permission decision and
the restrictions in the various zoning districts.
C. Criteria for approval are as follows:
1. Only two cargo containers will be allowed per lot,
maximum length of 40 feet.
2. The container is located to minimize the visual impact
to adjacent properties, parks, trails and rights -of -way as
determined by the Director.
3. The cargo container is sufficiently screened from
adjacent properties, parks, trails and rights -of -way, as determined
by the Director. —_Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind,
between or within buildings.
4. If located adjacent to a building, the cargo container
must be painted to match the building's color.
5. Cargo containers may not occupy any required off-
street parking spaces.
6. Cargo containers shall meet all setback requirements
for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
D. Licensed and bonded contractors may use cargo
containers in any zone for temporary storage of equipment and/or
materials at a construction site during construction that is
authorized by a City building permit.
(Ord. 2235 §12, 2009; Ord. 2066 §1, 2004;
Ord. 1989 §9, 2002)
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TITLE 18 — ZONING
18.50.070 Yard Regulations
A. Fences, walls, poles, posts, and other customary yard
accessories, ornaments, furniture may be permitted in any yard
subject to height limitations and requirements limiting obstruction
of visibility to the detriment of public safety. The height of opaque
fences along street frontages is limited to 4 feet, with lattice or other
open material allowed up to 6 feet.
B. In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, front yards shall be
provided on all frontages.
C. Where the front yard that would normally be required on
a lot is not in keeping with the prevailing yard pattern, the
DGDDepartment- may waive the requirement for the normal front
yard and substitute therefore a special yard requirement, which
shall not exceed the average of the yards provided on adjacent
lots.
D. In the case of corner lots, a front yard of the required
depth shall be provided in accordance with the prevailing yard
pattern, and a second front yard of half the depth required generally
for front yards in the district shall be provided on the other frontage.
E. In the case of corner lots with more than two frontages,
the DCD Department shall determine the front yard requirements,
subject to the following conditions:
1. At least one front yard shall be provided having the
full depth required generally in the district;
2. The second front yard shall be the minimum set forth
in the district;
3. In the case of through lots and corner lots, there will
be no rear yards but only front and side yards;
4. In the case of through lots, side yards shall extend
from the rear lines of front yards required. In the case of corner lots,
yards remaining after full and half depth front yards have been
established shall be considered side yards. (See Figure 18-4.)
(Ord. 2199 §15, 2008; Ord. 1758 §1 (part), 1995)
18.50.080 Exemption of Rooftop Appurtenances
A. The height limitations specified in this chapter shall not
apply to church spires, monuments, chimneys, water towers,
elevator towers, mechanical equipment, and other similar rooftop
appurtenances usually required to be placed above the roof level
and not intended for human occupancy or the provision of addi-
tional floor area; provided, that mechanical equipment rooms or
attic spaces are set back at least 10 feet from the edge of the roof
and do not exceed 20 feet in height.
(Ord. 1758 §1 (part), 1995)
18.50.083 Maximum Building Length
A. In the MDR and HDR zone, the maximum building length
shall be as follows:
For all buildings except as
described below:
MDR
HDR
50 ft.
50 ft.
Maximum building length with bonus for modulating off -sets:
• For structures with a maximum
building height of 2 stories or 25
feet, whichever is less, and
having horizontal modulation or a
minimum vertical change in roof
profile of 4 feet at least every two
units or 50 feet, whichever is less
MDR
HDR
100 ft.
200 ft.
• For structures with a building
height over 2 stories or 25 feet,
whichever is less, with a
horizontal & vertical modulation
of 4 feet or an 8 foot modulation
in either direction
MDR
HDR
100 ft.
200 ft.
• For townhouse structures with
horizontal modulation or a
minimum vertical change in roof
profile of 4 feet at least every two
units or 50 feet, whichever is less
MDR
HDR
80 ft.
125 ft.
Maximum building length with bonus for modulating off -sets:
Modulation shall be required for every 2 units or 50 feet, whichever
is less, as measured along the building's length. —_Grouping of
offsets in maximum four unit modules may be permitted as part of
a design review only with BAR approval (see Figure 18-5).
(Ord. 2661 §4, 2021; Ord. 2580 §5, 2018;
Ord. 2199 §16, 2008; Ord. 1758 §1 (part), 1995)
18.50.085 Maximum Percent Development Area
Coverage
A. In the LDR zones the maximum percent development
area coverage for a single-family development shall be as follows:
1. 75% on lots less than 13,000 square feet up to a
maximum of 5,850 sq. ft.; and
2. 45% on lots greater than or equal to 13,000 square
feet.
B. In the MDR and HDR zones the maximum percent
development area coverage shall be 50%, less the following
surfaces:
1. the footprint of an exclusive recreational facility;
2. a proportion of a recreational facility footprint when
contained within a general use building as follows: —_the portion of
the footprint area occupied by a recreational facility divided by the
number of floors in that portion of the building;
3. vehicle circulation aisles between separate parking
areas;
4. sidewalks;
5. paths; and
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TITLE 18 — ZONING
6. other pedestrian/recreation facilities clearly designed
to enhance the pedestrian environment.
C. Senior citizen housing development in HDR is exempt
from development area coverage maximum; however, if the senior
citizen housing is converted to regular apartments, the 50% limit
must be met.
D. The 50% maximum development area coverage for
townhouse development may be increased up to a maximum of
75% development area coverage, if the applicant uses low -impact
development techniques that are technically feasible and in
accordance with the Surface Water Design Manual (TMC Chapter
14.30).
{Ord. 2518 §10, 2016; Ord. 2199 §17, 2008; Ord. 1830
§28, 1998;
Ord. 1758 §1 (part), 1995)
18.50.090 Height Limitation for Amusement Devices
A. Amusement devices shall be allowed up to 115 feet in
height in any commercial or industrial zones. -_Any devices that
exceed the height limit of the zone in which they are located shall
be subject to a conditional use permit.
{Ord. 1815 §2,1997)
18.50.110 Archaeological/Paleontological Information
Preservation Requirements
A. The following provisions shall apply in -_all zones:
1. If there is reason to believe that archaeological
resources will be disturbed, a cultural resources assessment shall
be conducted and, if warranted, an archaeological response plan
and provisions for excavation monitoring by a professional
archaeologist shall be made prior to beginning construction. -_The
assessment should address the existence and significance of
archaeological remains, buildings and structures on the State or
Federal historic registers, observable paleontological deposits and
may include review by the State Archaeologist.
2. It is recommended that the applicant coordinate a
predetermination study by a professional archaeologist during the
geotechnical investigation phase, to determine site archaeological
potential and the likelihood of disturbing archaeological resources.
3. Excavations into historically native soil, when in an
area of archaeological potential, shall have a professional
archaeologist on site to ensure that all State statutes regarding
archaeological conservation/ preservation are implemented. -_The
applicant shall provide a written commitment to stop work
immediately upon discovery of archaeological remains and to
consult with the State Office of Archaeology and Historic
Preservation (OAHP) to assess the remains and develop
appropriate treatment measures.- These may include refilling the
excavation with no further responsibility.
4. An applicant who encounters Indian burials shall not
disturb them and shall consult with OAHP and affected tribal
organizations pursuant to State statutes.
5. The Director is authorized to:
a. conduct studies to generally identify areas of
archaeological/ paleontological potential;
b. make determinations to implement these
provisions; and
c. waive any and all of the above requirements,
except for TMC 18.50.110-4 (reporting of discovered Indian
burials), if the proposed action will have no probable significant
impact on archaeological or historical resources that are eligible for
listing in the National Register of Historic Places, or on observable
paleontological resources.— Examples of such actions include
excavation of fill materials, disturbance of less than 10,000 square
feet of native soils to a depth of 12 inches, penetration of native
soils with pilings over a maximum 8% of the building footprint, and
paving over native soils in a manner that does not damage cultural
resources. —_The above examples are illustrative and not
determinative. A case -by -case evaluation of
archaeological/paleontological potential value and proposed
disturbance must be made.
(Ord 2076 §1 2nn4)
18.50.130 Structures Over Public R-O-W
A. A developer who controls parcels on both sides of a public
right-of-way may request approval to bridge the street with a
structure as a Type 2 special permission decision.- Only the width
of the building that extends across the street is exempt from
setbacks; the remainder of the building must meet them.- The
developer must also obtain air rights and comply with all other
relevant codes, including the Washington State Building Code.
(Ord. 1971 §18, 2001)
18.50.140 Charging Station Locations
A. Level 1 and Level 2 charging stations are allowed as an
accessory use in the predominantly residential zones LDR, MDR
and HDR.-_Level 1 and Level 2 charging stations are allowed as a
permitted use in all other zones.- Level 3 charging stations, battery
exchange stations, and rapid charging stations are allowed as a
permitted use in all zones that allow other automotive services
such as gas stations, and are allowed as an accessory use in all
other zones.
(Ord. 2324 §12, 2011)
18.50.150 Retaining Wall Setback Waiver
A. Retaining walls with an exposed height greater than four
feet may be allowed in required front, side or rear yard setbacks as
a Type 2 Special Permission decision to the Community
Development Director under the following circumstances:
1. When the applicant's property is on the lower side of
the retaining wall and it is not visible from adjacent properties or is
screened by landscaping; or
2. When a wall built on a property line or perpendicular
to it benefits the lots on both sides, and the owners of both
properties agree to jointly maintain the wall; or
3. When a wall in a front yard is required due to roadway
expansion or improvements.
Prgci ced by the City of Tukwila, City Clerk's Office
Page 18-189
TITLE 18 — ZONING
{Ord. 2678 §15, 2022; Ord. 2176 §2, 2007)
18.50.170 Lighting Standards
A. Parking and loading areas shall include lighting capable
of providing adequate illumination for security and safety. -_Lighting
standards shall be in scale with the height and use of the
associated structure. _Any illumination, including security lighting,
shall be directed away from adjoining properties and public rights -
of -way.
B. In the MDR and HDR zones, porches, alcoves and
pedestrian circulation walkways shall be provided with low level
safety lighting. —_Pedestrian walkways and sidewalks may be
lighted with lighting bollards.
C. MIC/L and MIC/H. =The following site lighting standards
shall apply to portions of developments within 100 feet of the
Tukwila Manufacturing/Industrial Center boundary as defined in
the 1995 Comprehensive Plan:
1. The minimum light levels in parking areas, paths
between the building and street or parking areas shall be 1 foot
candle;
2. The maximum ratio of average:minimum light level
shall be 4:1 for illuminated grounds;
3. Maximum illumination at the property line shall be 2
foot candles;
4. Lights shall be shielded to eliminate direct off -site
illumination; and
5. General grounds need not be lighted.
D. Variation from these standards may be granted by the
Director of the Department of Community Development based on
technical unfeasibility or safety considerations.
(Ord. 2524 §2, 2017; Ord. 1872 §14 (part), 1999)
18.50.180 Recycling Storage Space for Residential
Uses
A. Apartment and condominium developments over six units
shall provide 1-1/2 square feet of recycling storage space per
dwelling unit, which shall be located in collection points as follows:
1. No dwelling unit within the development shall be
more than 200 feet from a collection point.
2. Collection points shall be located so that hauling
trucks do not obstruct pedestrian or vehicle traffic on -site, or project
into any public right-of-way.
3. Collection points shall not be located in any required
setback or landscape area.
{Ord. 2524 §3, 2017; Ord. 1872 §14 (part), 1999)
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TITLE 18 — ZONING
18.50.185 Recycling Storage Space for Non -
Residential Uses
A. Recycling storage space for non-residential uses shall be
provided at the rate of at least:
1. Two square feet per every 1,000 square feet of
building gross floor area in office, medical, professional, public
facility, school and institutional developments.
2. Three square feet per every 1,000 square feet of
building gross floor area in manufacturing, industrial and other non-
residential uses not specifically mentioned in these requirements.
3. Five square feet per every 1,000 square feet of
building gross floor area in retail developments.
B. Outdoor collection points shall not be located in any
required setback or landscape area.
C. Collection points shall be located in a manner so that
hauling trucks do not obstruct pedestrian or vehicle traffic on -site,
or project into any public right-of-way.
{Ord. 2524 §4, 2017; Ord. 1872 §14 (part), 1999)
18.50.190 Design of Collection Points for Garbage and
Recycling Containers
A. Residential and non-residential collection points shall be
designed as follows:
1. An opaque wall or fence of sufficient size and height
to provide complete screening shall enclose any outside collection
point. —_Architectural design shall be consistent with the design of
the primary structure(s) on the site.
2. Collection points shall be identified by signs not to
exceed two square feet.
3. Weather protection of recyclables and garbage shall
be ensured by using weather-proof containers or by providing a
roof over the storage area
(Ord. 2524 § 5, 2017; Ord.1872 §14 (part), 1999)
18.50.200 Peer Review of Technical Studies
A. The Department of Community Development will review
all technical information submitted as part of any application to
verify it meets all requirements of the Tukwila Municipal Code. At
the discretion of the Director, any technical studies required as part
of the application including, but not limited to, noise reports, lighting
plans, and parking demand studies, may undergo peer review at
the expense of the applicant.
fOrd.-2254 60,2009)
18.50.210 Marijuana Related Uses
A. The production, processing and retailing of marijuana is
and remains illegal under federal law.— Nothing herein or as
provided elsewhere in the ordinances of the City of Tukwila is an
authorization to circumvent federal law or provide permission to
any person or entity to violate federal law. —_Only state -licensed
marijuana producers, marijuana processors, and marijuana
retailers may locate in the City of Tukwila and then only pursuant
to a license issued by the State of Washington. —_The purposes of
these provisions is solely to acknowledge the enactment by the
state Liquor and Cannabis Board of a state licensing procedure
and to permit, but only to the extent required by state law,
marijuana producers, processors, and retailers to operate in
designated zones of the City.
B. Marijuana production, processing, selling or delivery.
1. The production, processing, selling, or delivery of
marijuana, marijuana -infused products, or useable marijuana may
not be conducted in association with any business establishment,
dwelling unit, or home occupation located in any of the following
areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
2. Violations.
a. Any person violating or failing to comply with the
provisions of this section of the Tukwila Municipal Code shall be
subject to enforcement as prescribed in TMC Chapter 8.45 and the
issuance of a Notice of Violation and Order, in accordance with
TMC Section 8.45.070, that shall carry with it a cumulative
monetary penalty of $1,000.00 per day for each violation from the
date set for compliance until compliance with the Notice of Violation
and Order is achieved.
b. In addition to any penalty that may be imposed by
the City, any person violating or failing to comply with this section
shall be liable for all damage to public or private property arising
from such violation, including the cost of restoring the affected area
to its condition prior to the violation.
c. Any penalties imposed under this section may be
doubled should the violation(s) occur within 1,000 feet of the
perimeter of the grounds of any elementary or secondary school,
playground, recreation center or facility, child care center, public
park, public transit center, or library, or any game arcade to which
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Page 18-191
TITLE 18 — ZONING
admission is not restricted to persons aged 21 years or older, as
such terms are defined in WAC 314-55-010 as now enacted or
hereafter amended.
C. Growth of medical marijuana for the personal medical use
of an individual qualifying patient as defined in RCW 69.51A.010 is
subject to strict compliance with all state regulations, procedures
and restrictions as set forth or hereafter adopted at RCW Chapter
69.51 A.
D. The establishment, location, operation, licensing,
maintenance or continuation of a cooperative, as described in
Chapter RCW 69.51 RCW, or medical cannabis collective gardens
or dispensaries as described in RCW 69.51A.085, is prohibited in
all zones of the City. -_Any person who violates this subsection
(TMC Section-18.50.210.D) shall be guilty of a gross misdemeanor
and shall be punished by a fine not to exceed $5,000.00, or by
imprisonment in jail for a term not exceeding one year, or by both
such fine and imprisonment.
E. Any violation of this section is declared to be a public
nuisance per se, and, in addition to any other remedy provided by
law or equity, may be abated by the City under the applicable
provisions of this code or state law. -_Such violations shall be
enforced and appealed with the procedures set forth in TMC
Chapter 8.45.-_Each day any violation of this section occurs or
continues shall constitute a separate offense.
F. Additional Relief. -_The City may seek legal or equitable
relief to enjoin any acts or practices and abate any condition which
constitutes or will constitute a violation of this section of the Tukwila
Municipal CodcTMC.- The remedies and penalties provided herein
are cumulative and shall be in addition to any other remedy
provided by law.
(Ord. 2549 §24, 2017; Ord. 2479 §8, 2015; Ord. 2407 §10,
201-3)
18.50.220-Accessory Dwelling Unit (ADU) Standards
A. For the purposes of this section, terms shall be defined as
follows:
1. "Major transit stop" means a stop on a high -capacity
transportation system funded or expanded under the provisions of
chapter RCW 81.1044RCW, including but not limited to: commuter
rail stops, stops on rail or fixed guideway systems, including
transitways, stops on bus rapid transit routes, or routes that run on
high -occupancy vehicle lanes, stops for a bus or other transit mode
providing actual fixed route service at intervals of at least fifteen
minutes for at least five hours during the peak hours of operation
on weekdays.
2. "Principal Unit" means the single-family housing unit,
duplex, triplex, townhome, or other housing unit located on the
same lot as an accessory dwelling unit.
B. General Standards.
1. Two (2) ADUs may be created per lot. The lot shall
contain one (1) principal unit and a maximum of two (2) ADUs.
These ADUs may be either attached or detached.
2. Attached ADUs may occupy a maximum of 40% of
the square footage of the principal unit (excluding the area of any
attached garage) or up to 1,000 square feet, whichever is greater.
3. Detached ADUs may be a maximum of 1,000 square
feet. -_If built over a detached garage, the detached garage would
not count toward the area limit for the ADU.
4. Detached ADUs may be up to 25 feet in height.
5. ADUs are subject to the development standards of
the zoning district they are located within. Development standards
relating to setbacks and development coverage do not apply to
conversions of existing non -conforming structures that are
proposed for ADU conversion. New ADUs are not subject to rear
yard setbacks on parcels where the rear yard abuts an alley.
6. ADUs may not be rented for periods of less than 30
days.
C. Parking.
1. See Figure 18-7 for parking requirements.
2. Tandem spaces are permitted.
(Ord. 2716 §5, 2023; Ord. 2581 §11, 2018)
18.50.240-_Home Occupations
A. Home occupations shall meet the following standards:
1. There shall be no change in the outside appearance
of the surrounding residential development;
2. No home occupation shall be conducted in any
accessory building. This provision shall not apply to adult family
homes as defined in RCW 70.128.010 or community facilities as
defined in RCW 72.05.020;
3. Traffic generated by a home occupation shall not
exceed two (2) visitors at any given time, and no more than eight
(8) total two-way visitor and non-resident employee trips per day;
4. The number of vehicles associated with a home -
occupation shall not exceed two (2) vehicles and must be parked
on -site. Vehicles associated with the business shall not exceed:
a. A gross vehicle weight of 10,000 pounds;
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Page 18-19327
TITLE 18 — ZONING
b. A height of ten (10) feet; or
c. A length of 22 feet;
5. An off-street parking space shall be made available
for any non-resident employee. All parking spaces shall meet all
development standards;
6. The business shall not involve more than one person
who is not a resident of the dwelling. This provision shall not apply
to adult family homes as defined in RCW 70.128.010 or community
facilities as defined in RCW 72.05.020; and
7. Outdoor storage of materials associated with a home
occupation is prohibited.
(Ord. 2718 §4, 2023)
18.50.250—_Emergency Housing and Emergency Shelter
Criteria
A. Emergency housing and emergency shelter facilities are
allowed subject to the following criteria:
1. It must be a 24-hour-a-day facility where beds or
rooms are assigned to specific residents for the duration of their
stay.
2. On -site services such as laundry, hygiene, meals,
case management, and social programs are limited to the residents
of the facility and not available for drop -in use by non-residents.
3. The facility must be located within a half mile walking
distance of a bus or rail transit stop.
4. Facilities must be at least a half mile from any other
emergency housing or emergency shelter, calculated as a radius
from the property lines of the site. —_This distance may be reduced
upon the applicant submitting documentation that there is a barrier
such as a river or freeway preventing access between the facilities,
and the path of travel between them on public roads or trails is at
least half a mile.
5. The maximum number of residents in a facility is
limited to the general capacity of the building but in no case more
than 45.
6. Buildings must have secure entrances staffed 24/7,
with individual units only accessible through interior corridors.
(Ord. 2658 §7, 2021)
18.50.260—_Permanent Supportive Housing and
Transitional Housing Criteria
A. Permanent supportive housing and transitional housing
facilities are allowed subject to the following criteria:
1. On -site services such as laundry, hygiene, meals,
case management, and social programs are limited to the residents
of the facility and not available for drop -in use by non-residents.
2. The facility must be located within a half mile walking
distance of a bus or rail transit stop.
3. Facilities must be at least a half mile from any other
permanent supportive housing or transitional housing, calculated
as a radius from the property lines of the site. —_This distance may
be reduced upon the applicant submitting documentation that there
is a barrier such as a river or freeway preventing access between
the facilities, and the path of travel between them on public roads
or trails is at least half a mile.
4. The maximum number of residents in a facility is
limited to the general capacity of the building but in no case more
than 15 in LDR, 30 in MDR, and 45 in HDR or other zones.
5. Buildings must have secure entrances staffed 24/7,
with individual units only accessible through interior corridors.
(Ord. 2658 §8, 2021)
18.50.270—_Memorandum of Agreement for Emergency
Housing, Emergency Shelter, Permanent Supportive
Housing or Transitional Housing
A. Prior to the start of operation, the City and facility operator
shall develop and execute a Memorandum of Agreement
containing, at a minimum, the following items:
1. A Good Neighbor Agreement addressing the
following items:
a. Quiet hours,
b. Smoking areas,
c. Security procedures,
d. Litter, and
e. Adequacy of landscaping and screening.
2. A Code of Conduct establishing a set of standards
and expectations that residents must agree to follow.
3. A parking plan approved by the City showing that the
facility has adequate parking to meet the expected demand from
residents, staff, service providers and visitors. —_Residents may not
park off -site and all vehicles must be operational.
4. A coordination plan with both the Police and Fire
Departments, including protocols for response to the facility and to
facility residents throughout the City and a maximum number of
responses threshold for law enforcement services as established
by calls for services in TMC Sections 5.60.040 through 5.60.060.
If calls for law enforcement services exceed the agreed upon
threshold in any given quarter, the facility operator will work with
the City to reduce calls below the threshold level.
5. A requirement to provide regular reports to the City's
Human Services Program Coordinator on how facilities are
meeting performance metrics such as placement of residents into
permanent housing or addiction treatment programs..
(Ard.2658 §0�1)
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Page 18-193
TITLE 18 — ZONING
Sections:
18.52.010
18.52.020
18.52.030
18.52.040
18.52.050
18.52.060
18.52.070
18.52.080
18.52.090
18.52.100
18.52.110
18.52.120
18.52.130
CHAPTER 18.52
LANDSCAPE REQUIREMENTS
Purpose
Applicability
Landscaping Types
Perimeter and Parking Lot Landscaping
Requirements by Zone District
Screening and Visibility
Significant Tree Retention
Tree Protection Standards
Plant Material Requirements and Tree Standards
Soil Preparation, Planting and Irrigation
Maintenance and Pruning
Landscape Plan Requirements
Request for Landscape Modifications
Violations
18.52.010 Purpose
A. The purpose of this chapter is to establish minimum
requirements for landscaping to:
el . Implement the Urban Forestry Comprehensive Plan
goals and policies by increasing tree canopy throughout the City to
improve air quality; promote the health of residents, visitors and
employees; and reduce heat islands and stormwater flows.
e 2. Support the low impact development goals of the
Comprehensive Plan and the City's National Pollution
Discharge Elimination System permit.
e3. Promote safety.
e4. Provide screening between incompatible land uses.
e5. Mitigate the adverse effects of development on the
environment.
6.e Improve the visual environment for both residents
and nonresidents.
7.e Regulate the protection of existing landscaping.
8.e Establish requirements for the long-term
maintenance of required landscaping.
9.e Establish procedures for modifying landscaping
requirements and penalties for violations of the landscaping code.
(Ord. 2523 §6, 2017; Ord. 1872 §14 (part), 1999)
18.52.020 Applicability
A. This chapter sets forth rules and regulations to control
maintenance, clearing and planting of landscaping and vegetation
within the City of Tukwila on any developed properties that are
zoned commercial, industrial, or multifamily; and on properties that
are zoned LDR and developed with a non -single-family residential
use. -_For properties located within the Shoreline jurisdiction, the
maintenance and removal of vegetation shall be governed by TMC
Chapter 18.44, "Shoreline Overlay." -_For properties located within
a critical area or its associated buffer, the maintenance and
removal of vegetation shall be governed by TMC Chapter 18.45,
"Critical Areas." -Clearing and removal of trees on undeveloped
land and any land zoned LDR that is developed with a single-family
residence is regulated by TMC Chapter 18.54, "Urban Forestry and
Tree Regulations." —_In case of conflict the most stringent
regulations apply.
(Ord. 2625 §46, 2020)
18.52.030 Landscaping Types
A. General Standards for All Landscaping Types.
1. Trees.
a. Trees shall be spaced based on the stature tree
selected (small, medium or large stature of tree), excluding curb
cuts and spaced regularly, except where there are conflicts with
utilities.
b. Large and medium stature tree species are
required, per the Tukwila Approved Tree List, except where there
is insufficient planting area (due to proximity to a building, street
light, above or below ground utility, etc.) or the planned tree
location does not permit this size tree at maturity.
2. Shrubs. —_Shrubs shall be spaced based on the
mature size of the plant material selected and shall achieve a
continuous vertical layer within 3 years. -_The shrubs will provide 4
feet clearance when mature when adjacent to any fire hydrant or
fire department connection.
3. Groundcover.
a. Sufficient live groundcovers of varying heights,
colors and textures to cover, within 3 years, 100% of the yard area
not needed for trees and shrubs.
b. If grass is being used as the groundcover, a 4-foot
diameter ring of bark mulch is required around each tree.
B. Type I - Light Perimeter Screening.
1. The purpose of Type I landscaping is to enhance
Tukwila's streetscapes, provide a light visual separation between
uses and zoning districts, screen parking areas, and allow views to
building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: - _A mix of deciduous and evergreen trees.
b. One shrub per 7 linear feet.
c. Groundcover.
C. Type II - Moderate Perimeter Screening.
1. The purpose of Type II landscaping is to enhance
Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and
parking areas, and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: -_A mix of deciduous and evergreen trees.
b. One shrub per 4 linear feet, excluding curb cuts.
c. Groundcover.
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Page 18-19929
TITLE 18 - ZONING
D. Type III - Heavy Perimeter Screening.
1. The purpose of Type III landscaping is to provide
extensive visual separation along property lines between highly
incompatible development, such as warehousing and residential
uses.
2. Plant materials shall consist of the following:
a. Trees consisting of at least 50% evergreen along
the applicable property line (75% along property line adjacent to
residential uses).
b. Privacy screen utilizing evergreen shrubs,
screening walls or fences (up to 7 feet tall).
c. Groundcover.
E. Parking Lot Landscaping. -_This landscaping is required
to mitigate adverse impacts created by parking lots such as noise,
glare, stormwater run-off, and increased heat and to improve their
physical appearance.
1. Trees shall be evenly distributed throughout the
parking lot. -_Planting in continuous, landscaped planting strips
between rows of parking is encouraged. —_Surface water
management design may also be combined with landscaping in
parking lots. -in industrial districts (C/LI, LI, HI, MIC/L, MIC/H),
clustering of interior parking lot landscaping may be permitted to
accommodate site usage.
2. Landscape islands.
a. Landscape islands must be a minimum of 6 feet
wide, exclusive of overhang, and a minimum of 100 square feet in
area.-_AII landscaped areas must be protected from damage by
vehicles through the use of curbs, tire stops, or other protection
techniques.
b. Landscape islands shall be placed at the ends of
each row of parking to protect parked vehicles from turning
movements of other vehicles.
c. The number and stature of trees shall be based
on the area available in the landscape island. _A minimum of one
large stature evergreen or deciduous tree or two medium stature
trees are required for every 100 square feet of landscaped island,
with the remaining area to contain a combination of shrubs, living
groundcover, and mulch.
d. For parking Tots adjacent to public or private
streets, the islands must be placed at minimum spacing of 1 for
every 10 parking spaces. —_For parking areas located behind
buildings or otherwise screened from public or private streets or
public spaces, if landscape islands are used, islands shall be
placed at a minimum of 1 for every 15 parking stalls.
3. Bioretention, which includes trees, shrubs and
groundcover, may be used to meet interior parking lot landscaping
requirements. -_The bioretention facility must be designed by a
professional trained or certified in low impact development
techniques as set forth in TMC Chapter 14.30.-_AII bioretention
facilities must be protected by curbing to prevent vehicle damage
to the facility and for public safety.
4. Vehicular Overhang.
a. Vehicle overhang into any landscaping area shall
not exceed two feet.
b. No plant material greater than 12 inches in height
shall be located within two feet of the curb or other protective
barrier in landscape areas adjacent to parking spaces and vehicle
use areas.
c. Raised curbs or curb stops shall be used around
the landscape islands or bioretention facilities to prevent plant
material from being struck by automobiles. -_Where bioretention is
used, curb cuts shall be placed to allow stormwater runoff from
adjacent pavements to enter the bioretention system.
5. Pervious pavement shall be used, where feasible,
including parking spaces and pedestrian paths.
6. Parking lot landscape design shall accommodate
pedestrian circulation.
F. Street Trees in the Public Frontage.
1. Street tree spacing.
a. Street tree spacing in the public frontage shall be
as specified in TMC Section 18.52.080.B.2. based on the stature
size of the tree.
b. Spacing must also consider sight distance at
intersections, driveway locations, and utility conflicts as specified
in TMC Section 18.52.080.B.3.
c. Street trees in the public frontage shall be planted
using the following general spacing standards:
(1) At least 3-1/2 feet back from the face of the
curb.
(2) At least 5 feet from underground utility
lines.
(3) At least 10 feet from utility poles.
(4) At least 7-1/2 feet from driveways.
(5) At least 3 feet from pad -mounted
transformers (except 10 feet in front for access).
(6) At least 4 feet from fire hydrants and
connections.
d. Planting and lighting plans shall be coordinated
so that trees are not planted in locations where they will obstruct
existing or planned street or site lighting, while maintaining
appropriate spacing and allowing for their size and spread at
maturity.
e. Planting plans shall consider the location of
existing or planned signage to avoid future conflicts with mature
trees and landscaping.
2. Tree grates.
a. Tree grates are not encouraged, but when used,
shall be designed so that sections of grate can be removed
incrementally as the tree matures and shall be designed to avoid
accumulation of trash.
b. When used, tree grates and landscaped tree
wells shall be a minimum 36 square feet in size (6' x 6').-_Tree well
size may be adjusted to comply with ADA standards on narrower
sidewalks.- See TMC Section 18.52.090.A.1., "Soil Preparation
and Planting," for structural soil requirements. -_Root barriers may
be installed at the curb face if structural soils are not used.
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Page 18-195
TITLE 18 — ZONING
Pro
3. Maintenance and Pruning.
a. Street trees are subject to the planting,
maintenance, and removal standards and Best Management
Practices (BMPs) as adopted by the International Society of
Arboriculture, as it now reads and as hereafter amended.— Street
trees planted prior to the adoption of the most current tree planting
standards shall be exempt from these planting standards but are
still subject to current removal and maintenance standards.
b. The following standards apply to street tree
maintenance:
(1) Street trees shall be maintained consistent
with International Society of Arboriculture BMPs.
(2) Street trees shall be maintained in a
manner that does not impede public street or sidewalk traffic,
consistent with the specifications in the Public Works Infrastructure
Design Manual, including:
(a) 8 feet of clearance above public
sidewalks.
and neighborhood st
collector streets.
arterial streets.
(b) 13 feet of clearance above public local
reets.
(c) 15 feet of clearance above public
(d) 18 feet of clearance above public
(3) Street trees shall be maintained so as not
to become a defective tree as per the definition in TMC Chapter
18.06.
TABLE A
ZONING
DISTRICTS
FRONT -YARD
(SECOND
FRONT)(linear
feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING
FOR PARKING LOTS
(square feet)
LDR
(for uses other
than residential)
152
Type 1
10
10
Type 1
20 per stall for non -
residential uses; 15
per stall if parking is
placed behind
building
MDR
151, 2, 11
Type 1
10
10
Type 1
Same as LDR
HDR
1 51, 2, 11
Type 1
10
10
Type 1
Same as LDR
MUO
15 (12.5)2' 11
Type I'
64
64, 11
Type P
20 per stall adjacent to
street; 15 per stall if
parking is placed
behind building
0
15 (12.5)2
Type!'
6
64
Type!'
Same as MUO
RCC
20 (10)2' 3
Type 1'
5; 10 if near LDR,
MDR, HDR4
1011
Type 11
Same as MUO
NCC
64,11
Type 1'' 13
04
04,11
Type 11
Same as MUO
RC
10
Type 113
54
04
Type 118
Same as MUO
RCM
10
Type I
54
04
Type 118
Same as MUO
C/LI
15
Second Front:
12.5; 15 if near
LDR, MDR, HDR
Type 16
55,12
05, 12
Type 118
15 per stall; 10 per stall
for parking placed
behind building
luced by the City of Tukwila, City Clerk's Office Page 18-191
31
TITLE 18 — ZONING
4. Trees planted in a median shall be appropriate for the
planting environment and meet the following requirements:
a. Trees shall be consistent with previously
approved median tree plans, given space constraints for roots and
branches at maturity.
b. Median plantings shall provide adequate species
diversity Citywide and reasonable resistance to pests and
diseases.
c. Columnar trees may be considered for median
plantings to avoid conflicts with vehicles and utilities.
d. Structural soils shall be used to avoid the need for
root barriers and to ensure the success of the median plantings.
e. Any median tree that is removed must be
replaced within the same median unless spacing constraints exist.
Replacement trees shall be of the same stature or greater at
maturity as the removed tree, consistent with other space
considerations.
(Ord. 2625 §47, 2020; Ord. 2523 §7, 2017; Ord. 2518 §11,
2846;
Ord. 2251 §62, 2009; Ord. 1872 §14 (part), 1999)
18.52.040 Perimeter and Parking Lot Landscaping
Requirements by Zone District
A. In the various zone districts of the City, landscaping in the
front, rear and side yards and parking lots shall be provided as
established by the various zone district chapters of this title. _These
requirements are summarized in the following table (Table A),
except for Tukwila Urban Center (TUC) requirements, which are
listed in TMC Chapter 18.28.
Pi -glazed by the City of Tukwila, City Clerk's Office Page 18-197
TITLE 18 — ZONING
ZONING
DISTRICTS
FRONT -YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING FOR
PARKING LOTS
(square feet)
LI
152
Second Front:-_12.5
Type II
04, 12
04, 12
Type III
15 per stall; 10 per
stall for parking
placed behind
building
HI
152
Type II
04,12
04,12
Type III
15 per stall
Second Front:- 12.5
MIC/L
105
Type II
05,12
05' 12
Type III
10 per stall
MIC/H
105
Type II
05,12
05' 12
Type III
10 per stall
TUC - See TMC Chapter 18.28
TVS - See TMC Chapter 18.40
TSO - See TMC Chapter 18.41
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their required landscape area
developed for pedestrian and transit facilities subject to the approval criteria
in TMC Section 18.52.120.C.
2. In order to provide flexibility of the site design while still providing the full amount of landscaping required by code, the front yard
landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front
property line if the perimeter strip is a minimum of 10 feet and the landscape materials are sufficient to provide landscaping along the
perimeter and screening of the building mass.
3. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar
features, subject to the approval criteria in TMC Section-18.52.120.C.- Bioretention may also be used as required landscaping subject
to the approval criteria in TMC Section-18.52.120.E.-_Required plant materials will be reduced in proportion to the amount of perimeter
area devoted to pedestrian -oriented space.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage.
7. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or HDR.
9. Only required along public streets.
10. Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning.
11. In the MDR and HDR districts and other districts where multifamily development is permitted, a community garden may be substituted
for some or all of the landscaping. In order to qualify, a partnership with a nonprofit (501(c)(3)) with community garden expertise is
required to provide training, tools and assistance to apartment residents. -_Partnership with the nonprofit with gardening expertise is
required throughout the life of the garden.- _If the community garden is abandoned, the required landscaping must be installed.- _If the
garden is located in the front landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street.
12. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may be clustered to permit truck movements
or to accommodate other uses commonly found in these districts if the criteria in TMC Section 18.52.120.D are met.
13. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may be reduced or eliminated if
buildings are brought out to the street edge to form a continuous building wall, and if a primary entrance from the front sidewalk as well
as from off-street parking areas is provided.
(Ord. 2678 §16, 2022; Ord. 2661 §5, 2021; Ord. 2627 §30, 2020;
Ord. 2625 §48, 2020; Ord. 2580 §6, 2018; Ord. 2523 §8, 2017;
;
18.52.050 Screening and Visibility
A. Screening.
1. Screening of outdoor storage, mechanical equipment
and garbage storage areas and fences:
a. Outdoor storage shall be screened from abutting
public and private streets and from adjacent properties. —_Such
screens shall be a minimum of 8 feet high and not less than 60%
of the height of the material stored. _The screens shall be specified
Produced by the City of Tukwila, City Clerk's Office
Page 18-19933
TITLE 18 — ZONING
on the plot plan and approved by the Community Development
Director. -_In the MDR and HDR zones, outdoor storage shall be
fully screened from all public roadways and adjacent parcels with
a high obscuring structure equal in height to the stored objects and
with a solid screen of exterior landscaping.
b. Ground level mechanical equipment and garbage
storage areas shall be screened with evergreen plant materials
and/or fences or masonry walls.
c. Fences. -_All fences shall be placed on the interior
side of any required perimeter landscaping.
2. A mix of evergreen trees and evergreen shrubs shall
be used to screen blank walls.
3. Evergreen shrubs and evergreen trees shall be used
for screening along rear property lines, around solid
waste/recycling areas, utility cabinets and mechanical equipment,
and to obscure grillwork and fencing associated with subsurface
parking garages. -_Evergreen shrubs and trees shall be pruned so
that 18 inches visibility at the base is maintained.
B. Visibility.
1. Design of new landscaping and maintenance of
existing landscaping shall consider Crime Prevention Through
Environmental Design (CPTED) principals and visibility for safety
and views. -_Appropriate plant species shall be specified to avoid
the need for excessive maintenance pruning.
2. Landscaping shall not obstruct views from or into
building windows, the driveway, sidewalk or street. -_Landscape
design shall allow for surveillance from streets and buildings and
avoid creating areas that might harbor criminal activity.
3. Landscaping at crosswalks and other locations
where vehicles and pedestrians intersect must not block
pedestrians' and drivers' views.
4. In general, deciduous trees with open branching
structures are recommended to ensure visibility to retail
establishments. -More substantial shade trees or evergreens are
recommended in front of private residences.
(Ord. 2625 §55, 2020; Ord. 2523 §9, 2017)
18.52.060 Significant Tree Retention
A. All significant trees located within any required landscape
area that are not dead, dying, diseased, or a nuisance species, as
identified in the Tukwila Approved Tree List, and that do not pose
a safety hazard or conflict with overhead utility lines as determined
by the City or an ISA certified arborist, shall be retained and
protected during construction with temporary fencing or other
enclosure, as appropriate to the site and following Best
Management Practices for tree protection (see TMC Chapter
18.54).
B. Topping of trees is prohibited and is subject to
replacement -Additionally, pruning of more than 25% of canopy in
a 36-month period is prohibited and is subject to replacement per
TMC Section 18.52.130, Table C.
C. Retained significant trees may be counted towards
required landscaping. _Additionally, the required landscaping may
be reduced in exchange for retaining significant trees subject to
Director approval and per TMC Section 18.52.120.F.
D. The area designated for protection will vary based on the
tree's diameter, species, age, and the characteristics of the planted
area, and Best Management Practices for protection shall be
utilized (see TMC Chapter 18.54).—_Property owners may be
required to furnish a report by an ISA certified arborist to document
a tree's condition if a tree is to be retained.- The Director may
require that an ISA certified arborist be retained to supervise tree
protection during construction. -_Grade changes around existing
trees within the critical root zone are not allowed.
(Ord. 2625 §49, 2020; Ord. 2523 §10, 2017)
18.52.070 Tree Protection Standards
A. AII trees not proposed for removal as part of a project or
development shall be protected using Best Management Practices
and the standards below.
1. The Critical Root Zones (CRZ) for all trees
designated for retention, on site or on adjacent property as
applicable, shall be identified on all construction plans, including
demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during
construction shall be covered immediately and kept moist with
appropriate materials.- The City may require a third party Qualified
Tree Professional to review long-term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or
plywood or other approved equivalent, shall be placed around each
individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical
barriers shall be based on the approximate age of the tree (height
and canopy) as follows:
a. Young trees (trees which have reached less than
20% of life expectancy): _0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80%
of life expectancy):-_1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached
greater than 80% of life expectancy):-_1.5 feet per inch of trunk
diameter.
5. Alternative protection methods may be used that
provide equal or greater tree protection if approved by the Director.
6. A weatherproof sign shall be installed on the fence or
barrier that reads:
"TREE PROTECTION ZONE - THIS FENCE SHALL
NOT BE REMOVED OR ENCROACHED UPON. —_No soil
disturbance, parking, storage, dumping or burning of materials is
allowed within the Critical Root Zone.- The value of this tree is $
[insert value of tree as determined by a Qualified Tree Professional
here]. -_Damage to this tree due to construction activity that results
in the death or necessary removal of the tree is subject to the
Violations section of TMC Chapter 18.54."
7. All tree protection measures installed shall be
inspected by the City and, if deemed necessary, a Qualified Tree
Professional, prior to beginning construction or earth moving.
Prgcced by the City of Tukwila, City Clerk's Office
Page 18-199
TITLE 18 — ZONING
8. Any branches or limbs that are outside of the CRZ
and might be damaged by machinery shall be pruned prior to
construction by a Qualified Tree Professional. -_No construction
personnel shall prune affected limbs except under the direct
supervision of a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood
chip mulch. -_Mulch shall not be placed directly against the trunk.
A 6-inch area around the trunk shall be free of mulch.- Additional
measures, such as fertilization or supplemental water, shall be
carried out prior to the start of construction if deemed necessary by
the Qualified Tree Professional's report to prepare the trees for the
stress of construction activities.
10. No storage of equipment or refuse, parking of
vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including
trenching, shall be allowed within the CRZ.-_Grade changes within
10 feet of the CRZ shall be approved by the City prior to
implementation.
12. The applicant is responsible for ensuring that the
CRZ of trees on adjacent properties are not impacted by the
proposed development.
13. A pre -construction inspection shall be conducted by
the City to finalize tree protection actions.
14. Post -construction inspection of protected trees shall
be conducted by the City and, if deemed necessary by the City, a
Qualified Tree Professional. -All corrective or reparative pruning
will be conducted by a Qualified Tree Professional.
(Ord. 2625 §50, 2020)
18.52.080 Plant Material Requirements and Tree
Standards
A. Plant Material Requirements.
1. Plants shall meet the American Standard for Nursery
Plant Stock (American Nursery and Landscape Association-ANLA)
(ANSI Z60.1) as it now reads and as hereafter amended, and shall
be healthy, vigorous and well -formed, with well -developed, fibrous
root systems, free from dead branches or roots. -_Plants shall be
free from damage caused by temperature extremes, pre -planting
or on -site storage, lack of or excess moisture, insects, disease, and
mechanical injury. -_Plants in leaf shall be well foliated and of good
color.— Plants shall be habituated to outdoor environmental
conditions (i.e. hardened -off).
2. Evergreen trees shall be a minimum of 6 feet in
height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper
at time of planting as measured 4.5 feet from the ground,
determined according to the American Standard for Nursery Stock
as it now reads and as hereafter amended.
4. Shrubs shall be at least 18 inches in height, and full
and bushy at time of planting.
5. New plant materials shall include native species or
non-native species with lower water requirements and that are
adapted to the climatic conditions of the Puget Sound Region.
There must be a diversity of tree and shrub genus and species in
the site landscaping, taking into account species in existing
development around the site.
a. If there are more than 8 required trees, no more
than 40 percent may be of one species.
b. If there are more than 24 required trees, no more
than 20 percent may be of one species.
c. If there are more than 25 required shrubs, no
more than 50 percent may be of one species.
6. Any species that is listed on the State of Washington
or King County noxious weed lists or otherwise known to be a
nuisance or invasive shall not be planted.
7. Plant materials shall be selected that reinforce the
landscape design concept, and are appropriate to their location in
terms of hardiness, cultural requirements, tolerance to urban
conditions, maintenance needs and growth characteristics.
8. The classification of plant material as trees, shrubs
and evergreens shall be as listed in the Hortus Third, A Concise
Dictionary of Plants Cultivated in the U.S. and Canada, as it now
reads and as hereafter amended.
9. Plant material requirements for bioretention facilities
shall be in accordance with the City's Bioretention Plant List, unless
approved by staff.
10. Non -developed site areas, such as utility easements,
shall be landscaped and/or treated with erosion control planting or
surfacing such as evergreens, groundcover, shrubs, trees, sod or
a combination of similar materials.- In areas with overhead utility
lines, no shrubs or trees shall be allowed that could mature over
20 feet in height. -_Trees should not be planted within 10 feet of
underground utilities, such as power, water, sewer or storm
drainage pipes.
B. Tree Standards.
1. Tree species shall be appropriate for the planting
environment as determined by the Department Director in
consultation with the City environmentalist and shall seek to
achieve a balance of the following:
a. Consistency with Tukwila Approved Tree List or
the City's Bioretention Plant List.
b. Compatibility with space constraints for roots and
branches at maturity.
c. Adequate species diversity Citywide and
reasonable resistance to pests and diseases.
2. Trees shall be provided adequate spacing from new
and existing trees according to the following standards wherever
possible:
a. Trees categorized as small stature on the tree list
shall be spaced no greater than 20 feet on center and not closer
than 15 feet on center from other newly planted or existing trees.
b. Trees categorized as medium stature on the tree
list shall be spaced no greater than 30 feet on center and not closer
than 20 feet on center from other newly planted or any existing
trees.
Produced by the City of Tukwila, City Clerk's Office
Page 18-20O35
TITLE 18 — ZONING
c. Trees categorized as large stature on the tree list
shall be spaced no greater than 40 feet on center and not closer
than 30 feet on center from other newly planted or existing trees.
d. Any tree determined to have a mature spread of
less than 20 feet (a columnar or fastigiate variety) is discouraged
except under specific conditions and shall be considered a small
stature tree and spaced accordingly.
3. Trees shall be placed according to the following
standards:
a. Small stature trees shall be planted with the
center of their trunks a minimum of 2 feet from any hard surface
paving.
b. Medium stature trees shall be planted with the
center of their trunks a minimum of 2.5 feet from any hard surface
paving.
c. Large stature trees shall be planted with the
center of their trunks a minimum of 3 feet from any hard surface
paving.
d. Trees shall generally be planted a minimum of:
(1) 4 feet on center from any fire hydrant,
above -ground utility or utility pole;
(2) 2 feet on center from any underground
utility;
(3) 5 feet on center from a street light
standard;
(4) 20 feet from a street intersection; however,
a greater or lesser corner setback may be required based on an
analysis of traffic and pedestrian safety impacts.
(5) 5 to 10 feet from building foundations
depending on species.
4. Where there are overhead utility lines, the tree
species selected shall be of a type which, at full maturity, will not
interfere with the lines or require pruning to maintain necessary
clearances.
5. Root barriers may be installed according to the
manufacturer's specifications when a tree is planted within 5 feet
of any hard surface paving or utility feature and in areas where
structural soil is not required, subject to approval by the
Department Director in consultation with the City's
environmentalist.
6. Low water usage species are encouraged in order to
minimize future irrigation requirements, except where site
conditions within the required landscape areas ensure adequate
moisture for growth.
7. Shade trees should be planted to shade buildings'
east- and west -facing windows to provide a balance between
summer cooling and winter heating through solar gain.
(Ord. 2625 §55, 2020; Ord. 2523 §11, 2017)
18.52.090 Soil Preparation, Planting and Irrigation
A. Soil Preparation and Planting.
1. For landscaping in sidewalks and parking lots, or in
limited areas of soil volume, structural soils (Cornell University
product or similar) must be used to a preferred depth of 36 inches
to promote tree root growth and provide structural support to the
paved area. —_Minimum soil volumes for tree roots shall be 750
cubic feet per tree (see specifications and sample plans for CU-
Structural Soils). —_Trees and other landscape materials shall be
planted according to specifications in "CU Structural Soils — A
Comprehensive Guide," as it now reads and as hereafter
amended, or using current Best Management Practices (BMPs) as
approved by the Director. —_Suspended pavement systems (Silva
Cells or similar) may also be used if approved by the Director.
2. For soil preparation in bioretention areas, existing
soils must be protected from compaction.—_Bioretention soil media
must be prepared in accordance with standard specifications of the
Surface Water Design Manual, adopted in accordance with TMC
Chapter 14.30, to promote a proper functioning bioretention
system. —_These specifications shall be adhered to regardless of
whether a stormwater permit is required from the City.
3. For all other plantings (such as large planting areas
where soil volumes are adequate for healthy root growth with a
minimum volume of 750 cubic feet per tree), soils must be prepared
for planting in accordance with BMP T5.13, "Post Construction Soil
Quality and Depth," from the Washington Department of Ecology
Stormwater Management Manual for Western Washington (as it
now reads and as hereafter amended), regardless of whether a
stormwater permit is required by the City.
4. The applicant will be required to schedule an
inspection by the City of the planting areas prior to planting to
ensure soils are properly prepared. —_Soil must be amended, tilled
and prepped to a depth of at least 12 inches.
5. Installation of landscape plants must comply with
BMPs including:
a. Planting holes that are the same depth as the size
of the root ball and two to three times wider than the root ball.
b. Root balls of potted and balled and burlapped
(B&B) plants must be loosened and pruned as necessary to ensure
there are no encircling roots prior to planting. —_All burlap and all
straps or wire baskets must be removed from B&B plants prior to
planting.
c. The top of the root flare, where the roots and the
trunk begin, should be placed at grade. —_The root ball shall not
extend above the soil surface and the flare shall not be covered by
soil or mulch.
d. If using mulch around trees and shrubs, maintain
at least a 6-inch mulch -free ring around the base of the tree trunks
and woody stems of shrubs.— If using mulch around groundcovers
until they become established, mulch shall not be placed over the
crowns of perennial plants.
B. Irrigation.
1. The intent of this standard is to ensure that plants will
survive the critical establishment period when they are most
Prged by the City of Tukwila, City Clerk's Office
Page 18-201
TITLE 18 — ZONING
vulnerable due to lack of watering and to ensure their long term
viability.
2. All required plantings must be served by a permanent
automatic irrigation system, unless approved by the Director.
a. Irrigation shall be designed to conserve water by
using the best practical management techniques available,
including BMPs, for daily timing of irrigation to optimize water
infiltration and conservation.- These techniques may include, but
not be limited to: -_drip irrigation (where appropriate) to minimize
evaporation loss, moisture sensors to prevent irrigation during
rainy periods, automatic controllers to ensure proper duration of
watering, sprinkler head selection and spacing designed to
minimize overspray, and separate zones for turf and other
landscaping and for full sun exposure and shady areas to meet
watering needs of different sections of the landscape.
b. Exceptions to the irrigation requirement may be
approved by the Director, such as xeriscaping (i.e., low water
usage plantings), plantings approved for low impact development
techniques, established indigenous plant material, or landscapes
where natural appearance is acceptable or desirable to the City.
However, those exceptions will require temporary irrigation until
established.
3. All temporary irrigation must be removed at the end
of the 3-year plant establishment period.
(Ord. 2625 §51, 2020; Ord. 2523 §12, 2017)
18.52.100 Maintenance and Pruning
A. Any landscaping required by this chapter shall be retained
and maintained by the property owner for the life of the
development in conformance with the intent of the approved
landscape plan and this chapter. -_Maintenance shall also include
keeping all planting areas free of weeds and trash and replacing
any unhealthy or dead plant materials.
B. Green roofs or rooftop gardens shall be maintained to
industry standards and any dead or dying plant material replaced.
C. Pruning of trees and shrubs is only allowed for the health
of the plant material, to maintain sight distances or sight lines, or if
interfering with overhead utilities. -All pruning must be done in
accordance with American National Standards Institute (ANSI) A-
300 specifications, as it now reads and as hereafter amended.
D. No tree planted by a property owner or the City to fulfill
landscape requirements, or any existing tree, may be topped or
removed without prior approval from the City. -_Any tree topped or
removed without approval shall be subject to code enforcement
action per TMC Chapter 8.45 in addition to the requirements of
TMC Section 18.52.130, "Violations."
E. Private property owners shall collect and properly dispose
of all landscaping debris. -_Private property landscaping debris shall
not be placed or blown into the public right-of-way for City
collection. -_Violations will be subject to code enforcement action
per TMC Chapter 8.45.
F. As trees along the street frontages mature, they shall be
limbed up, using proper ISA pruning techniques, to a minimum
height of 8 to 18 feet depending on location of tree (over sidewalk,
adjacent to road, etc.) to allow adequate visibility and clearance for
vehicles. -_Trees may be pruned to improve views of signage and
entryways by using such techniques as windowing, thinning, and
limbing up; however, no more than 1/4 of the canopy may be
removed within any 2-year period.-_AII pruning shall be done in
accordance with ANSI Standard A-300 specifications, as it now
reads and as hereafter amended.
G. Trees may only be pruned to lower their height to prevent
interference with an overhead utility line with prior approval by the
Director.- The pruning must be carried out under the direction of
an ISA certified arborist.-The crown shall be maintained to at least
2/3 the height of the tree prior to pruning. -_Otherwise, trees shall
not be topped. —_Illegal topping is subject to replacement.
Additionally, pruning of more than 25% of canopy in a 36-month
period is prohibited and is subject to replacement per TMC Section
18.52.130, Table C.
(Ord. 2625 §52, 2020; Ord. 2523 §13, 2017)
18.52.110 Landscape Plan Requirements
A. Landscape plan design shall take into consideration the
mature size of proposed landscape materials to minimize the future
need for pruning (i.e. placement such that mature trees and shrubs
will not cause problems for foundations, obscure signage, grow too
close to overhead or underground utility lines, obstruct views of
traffic, etc.).
B. A Washington State licensed landscape architect or other
accredited landscape design professional shall prepare the
landscape plans in accordance with the standards herein.
Detailed plans for landscaping and screening shall be submitted
with plans for building and site improvements. -_The plans shall, at
a minimum, include the type, quantity, spacing and location of
plants and materials; typical planting details; soil
amendment/installation; tree protection details as applicable; and
the location of irrigation systems and significant trees within 20 feet
of the property line on adjacent properties. -_Underground and at -
ground utilities shall be shown on the plans so that planting
conflicts are avoided. _A detailed list of items to be included on the
landscape plan is available in the Landscape Plan handout,
available on-line or at the offices of the Department of Community
Development.
C. Installation of the landscaping and screening shall be
completed and a Landscaping Declaration submitted by the owner
or owner's agent prior to issuance of the Certificate of Occupancy.
Any plant substitutions shall be noted on the Declaration. If
necessary, due to weather conditions or construction scheduling,
the installation may be postponed to the next planting season
(October - April) if approved by the Director and stated on the
building permit. -_A performance assurance device equal to 150%
of the cost of the labor and materials must be provided to the City
before the deferral is approved.
(Ord. 2625 §55, 2020; Ord. 2523 §14, 2017; Ord. 2368 §53, 2012;
Ord. 2251 §65, 2009; Ord. 1971 §19, 2001;
Ord. 1872 §14 (part), 1999)
Produced by the City of Tukwila, City Clerk's Office
Page 18-20337
TITLE 18 - ZONING
18.52.120 Request for Landscape Modifications
A. Revisions to existing landscaping may be approved only
if the following criteria are met:
1. The -_revision does not reduce the landscaping to the
point that activities on the site become a nuisance to adjacent
properties.
2. Proposed vegetation removal, replacement, and any
mitigation measures proposed are consistent with the purpose and
intent of this chapter and bring landscaping into conformance with
standards of TMC Chapter 18.52.
3. Proposed revision will not be detrimental to the public
health, safety or welfare or injurious to other property in the vicinity.
4. Any trees proposed to be removed shall be replaced
with trees of similar or larger size at a minimum ratio of 1:1.
B. The following deviations to the requirements of this
chapter may be considered either as a Type 2, Special Permission
Director decision, or through design review if the project is subject
to that process.
1. Deviation from the requirements of Type I, II, or III
landscaping, including but not limited to the use of the landscape
area for pedestrian and transit facilities, landscape planters,
rooftop gardens or green roofs, terraced planters or green walls, or
revisions to existing landscaping. -_The amount of landscaping on
commercially -zoned properties may be reduced by 15% if buildings
are moved to the front of the site with no parking between the
building and the front landscaping, to create a more pedestrian -
friendly site design.
2. Clustering and/or averaging of required landscaping.
The landscape perimeter may be clustered if the total required
square footage is achieved, unless the landscaping requirement
has been increased due to proximity to LDR, MDR or HDR.-_In
addition, up to 50% of the perimeter landscaping may be relocated
to the interior parking to provide more flexibility for site
organization.
3. Substitution of bioretention facility for required
landscaping for Type I or II landscaping. —_Landscaping in a
bioretention facility that includes trees, shrubs and groundcover
may be counted up to 100% towards required landscaping
depending on the location, type of bioretention facility proposed
and proposed use.
4. Credit for retained significant trees towards
landscaping requirement.
C. The following criteria apply to requests for deviation from
any required landscaping standards.
1. The deviation does not reduce the landscaping to the
point that activities on the site become a nuisance to neighbors;
and
2. The modification or revision does not diminish the
quality of the site landscape as a whole; and
3. One or more of the following are met:
a. The modification or revision more effectively
screens parking areas and blank building walls; or
b. The modification or revision enables significant
trees or existing built features to be retained; or
c. The modification or revision is used to reduce the
number of driveways and curb cuts and allow joint use of parking
facilities between neighboring businesses; or
d. The modification or revision is used to incorporate
pedestrian or transit facilities; or
e. The modification is for properties in the NCC or
RC districts along Tukwila International Boulevard, where the
buildings are brought out to the street edge and a primary entrance
from the front sidewalk as well as from off-street parking areas is
provided; or
f. The modification is to incorporate alternative
forms of landscaping such as landscape planters, rooftop gardens,
green roof, terraced planters or green walls; or
g. The modification is to incorporate a community
garden, subject to the provisions of TMC Section 18.52.040, Note
11.
D. Clustering or perimeter averaging of landscaping may be
considered if:
1. It does not diminish the quality of the site landscape
as a whole; and
2. It does not create a nuisance to adjacent properties;
and
3. If adjacent to residential development, the impacts
from clustering are minimized; and
4. One or more of the following criteria are met:
a. Clustering or perimeter averaging of plant
material allows more effective use of the industrial property; or
b. Clustering or perimeter averaging of landscaping
enables significant trees to be retained; or
c. Clustering or perimeter averaging is used to
reduce the number of driveways and curb cuts and/or allow joint
use of parking facilities between neighboring businesses; or
d. Clustering or perimeter averaging avoids future
conflicts with signage.
E. Landscaping in a bioretention facility that includes trees,
shrubs, and groundcovers as identified on the City's approved
Bioretention Plant List and as regulated in TMC Chapter 14.30,
may be counted up to 100% towards required Type I or Type II
landscaping.-_Bioretention facilities shall not be counted towards
required Type III landscaping. -_All of the following criteria must be
met:
1. The bioretention facility has been designed by a
professional trained or certified in low impact development
techniques; and
2. The landscaping meets the screening requirements
of the specified landscape type; and
3. Public safety concerns have been addressed; and
4. The number of trees required by the landscape type
are provided.
F. Credit for Significant Trees.
1. Credit for retained significant trees may be counted
towards required landscaping if the following criteria are met:
Prged by the City of Tukwila, City Clerk's Office
Page 18-203
TITLE 18 - ZONING
a. Assessment of trees by an ISA certified arborist
as to tree health, value of the trees and the likelihood of
survivability during and after construction is provided; and
b. Retention of tree(s) supports the Tukwila
Comprehensive Plan urban tree canopy goals and policies; and
c. A financial assurance is posted based on 150%
of the value of the retained tree(s) to ensure tree replacement
should the retained trees be damaged or die as a result of
construction impacts. -_The financial assurance shall be retained
for three years.
2. The value of the significant tree(s) to be retained, as
determined by an ISA certified arborist, shall be posted on the tree
prior to site preparation and retained throughout the construction
of the project..
(Ord. 2625 §53, 2020; Ord. 2523 §15, 2017)
18.52.130 Violations
A. Violations. -_The following actions shall be considered a
violation of this chapter:
1. Any removal or damage of landscaping that is
required by this chapter.
2. Topping or excessive pruning of trees or shrubs,
except as explicitly allowed by this chapter.
3. Failure to replace dead landscaping materials.
B. Penalties. -_In addition to any other penalties or other
enforcement actions, any person who fails to comply with the
provisions of this chapter also shall be subject to a civil penalty
assessed against the violator as set forth herein. -_Each unlawfully
removed or damaged tree shall constitute a separate violation.
1. The amount of the penalty shall be assessed based
on Table B below. -_The Director may elect not to seek penalties or
may reduce the penalties if he/she determines the circumstances
do not warrant imposition of any or all of the civil penalties.
2. Penalties are in addition to the restoration of removed
plant materials through the remedial measures listed in TMC
Section 18.52.130.C.
3. It shall not be a defense to the prosecution for a
failure to obtain a permit required by this chapter that a contractor,
subcontractor, person with responsibility on the site or person
authorizing or directing the work erroneously believes a permit was
issued to the property owner or any other person.
TABLE B - Fines
Type of Violation
Allowable Fines per Violation
Removal or damage of trees
or specimen shrubs without
applying for and obtaining
required City approval
$1,000 per tree, or up to the
marketable value of each tree
removed or damaged as determined
by an ISA certified arborist.
C. Remedial Measures. —_In addition to the penalties
provided in TMC Section 18.52.130.B, the Director shall require
any person conducting work in violation of this chapter to mitigate
the impacts of unauthorized work by carrying out remedial
measures.
1. Any illegal removal of required trees shall be subject
to obtaining a tree permit and replacement with trees that meet or
exceed the functional value of the removed trees. -_In addition, any
shrubs and groundcover removed without City approval shall be
replaced.
2. To replace the tree canopy lost due to the tree
removal, additional trees must be planted on -site. -_Payment may
be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on -site. —_The number of
replacement trees required will be based on the size of the tree(s)
removed as stated in Table C.
TABLE C - Tree Replacement Requirements
Diameter* of Tree Removed
(*measured at height of 4.5 feet
from the ground)
Number of
Replacement Trees
Required
4-6 inches (single trunk) OR
2 inches (any trunk of a multi -trunk
tree)
3
Over 6-8 inches
4
Over 8-20 inches
6
Over 20 inches
8
D. Enforcement.- It shall be the duty of the Community
Development Director to enforce this chapter pursuant to the terms
and conditions of TMC Chapter 8.45 or as otherwise allowed by
law.
E. Inspection Access.
1. For the purposes of inspection for compliance with
the provisions of a permit or this chapter, authorized
representatives of the Community Development Director may enter
all sites for which a permit has been issued.
2. Upon completion of all requirements of a permit, the
applicant shall request a final inspection by contacting the planner
of record. -_The permit process is complete upon final approval by
an authorized representative of the Community Development
Director.
(Ord. 2625 §54, 2020; Ord. 2523 §16, 2017)
Produced by the City of Tukwila, City Clerk's Office
Page 18-20O39
TITLE 18 - ZONING
CHAPTER 18.54
URBAN FORESTRY AND
TREE REGULATIONS
Sections:
18.54.010 Purpose
18.54.020 Applicability
18.54.030 Tree Permits Required
18.54.040 Permit Submittal Requirement,
18.54.0450 Permit Approval Criteria, General
18.54.0560 Tree Retention Standards
18.54.0670 Tree Protection Standards
18.54.0780 Tree Replacement
18.54.0890 Tree Relocation
18.54.091-00 Tree Fund
18.54.101-0 Performance Assurance
18.54.1120 Liability
18.54.130 Permit Processing and Duration
18.54.1240 Permit Exceptions
18.54.1350 Permit Conformance
18.54.1460 Soil Preparation, Plant Material and Maintenance
Standards
18.54.1570 Heritage Trees and Heritage Groves
18.54.1680 Approved and Prohibited Trees
18.54.1790 Violations
18.54.18200 Remedial Measures
18.54.19240 Enforcement
18.54.010 Purpose
A. The purpose of this chapter is to implement the Urban
Forestry Comprehensive Plan goals; to maintain and increase tree
canopy throughout the City; and to provide requirements for tree
maintenance, tree retention and protection. —_Trees and their
canopy act to improve air quality, promote the public health, reduce
human -related stress, increase property values, reduce heat
islands, and reduce storm water flows.- The tree regulations also
support the Low Impact Development goals of the Comprehensive
Plan and the City's National Pollution Discharge Elimination
System permit.
B. In particular, the purpose of this chapter is to:
1. Protect existing trees prior to and during
development;
2. Establish protections for the long-term maintenance
of trees and vegetation;
3. Moderate the effects of wind and temperature;
4. Minimize the need for additional storm drainage
facilities;
5. Stabilize and enrich the soil and minimize surface
water and ground water run-off and diversion which may contribute
to increased instability, sedimentation, or turbidity in streams,
lakes, or other water bodies;
6. Protect fish, wildlife and their habitats by promoting
tree retention and improving water quality;
7. Ensure tree replacement after removal to provide
erosion control and to achieve canopy coverage goals;
8. Recognize the importance of Heritage and
Exceptional Trees to the history of the community; and
9. Establish procedures for penalties and violations of
the tree code.
(Ord. 2570 §2, 2018; Ord. 1758 §1 (part), 1995)
18.54.020 Applicability
A. This chapter sets forth rules and regulations to control
maintenance and clearing of trees within the City of Tukwila on any
undeveloped land and any land zoned Low Density Residential
(LDR) that is developed with a single family residence. —_For
properties located within the Shoreline jurisdiction, maintenance
and removal of vegetation shall be governed by TMC Chapter
18.44, "Shoreline Overlay." -_For properties located within a critical
area or its associated buffer, the maintenance and removal of
vegetation shall be governed by TMC Chapter 18.45,
"Environmentally Critical Areas".-TMC Chapter 18.52, "Landscape
Requirements," shall govern the maintenance and removal of
landscaping on developed properties that are zoned commercial,
industrial, or multifamily; and on properties located in the LDR zone
that are developed with a non -single family residential use. -_The
most stringent regulations shall apply in case of a conflict.
(Ord. 2625 §57, 2020; Ord. 2570 §3, 2018; Ord. 1758 §1
(part), 1995)
18.54.030 Tree Permits_teq-ufred
A. Permit Required_
1. A Tree Permit is required prior to work within the
Critical Root Zone of any Significant, Exceptional or Heritage Tree
or prior to the removal or destruction of any of these trees within
the City, unless the action is exempt from this chapter.
2. A Tree Permit is required when any person wishes to
prune a Heritage Tree in excess of 20% of the existing crown in a
two-year period.
3. All Tree Permit applications shall meet the criteria
outlined in this chapter for approval, or meet the criteria for a Tree
Permit Exception per TMC Section 18.54.140.
B. Application Requirements:
1. Application Materials: Applications to remove
trees are subject to the permit requirements found at TMC 18.104.
2. Application Type: Tree Permits shall be processed
as Type 1 decisions pursuant to TMC 18.104.
3. Expiration: Tree permits expire one year after the
date the permit is issued.
CR. Tree-RcmovalPermit Exemptions_ —_The following
activities are exempt from the permit requirements of this chapter
except as noted below:
1. The removal of trees that are less than 6 inches in
Diameter at Breast Height (DBH) on a property zoned Low Density
Residential and improved with a single-family dwelling.
Prgq.ed by the City of Tukwila, City Clerk's Office
Page 18-205
TITLE 18 — ZONING
2. Removal of no more than four trees that are 6-8" DBH
on a property zoned Low Density Residential and improved with a
single-family dwelling in any 36-month period, as long as the
property owner submits a tree inventory survey that includes the
following:
a.=Number of and size of trees to be removed;
b. The location of any affected utility lines within the
overhead "fall zone" or other built infrastructure;
c. Photos of the tree(s) to be removed;
d. The method of removal and identification of
contractor; and
e. Time schedule of tree removal.
3. The removal of Dead Trees outside of the shoreline
jurisdiction or a sensitive area or its buffer.
4. Routine maintenance of trees necessary to maintain
the health of cultivated plants, or to contain noxious weeds or
invasive species as defined by the City of Tukwila or King County,
and routine maintenance within rights -of -way related to
Interference, Sight Distance, Emergencies or Topping, as codified
in TMC Chapter 11.20.-_Routine maintenance includes the removal
of up to 25% of the existing tree crown in a 36-month period.
5. Emergency actions necessary to remedy an
immediate threat to people or property, or public health, safety or
welfare by a high -risk or extreme -risk tree may be undertaken in
advance of receiving a permit. _Any person, utility or public entity
undertaking such an action shall submit a Tree Permit application
within one week of the emergency action and replace tree(s) if
required by this chapter. _Additional time to apply for a Tree Permit
may be granted at the discretion of the Director.
6. The removal of trees in the right-of-way related to a
capital project that has a landscaping component that includes
trees, where there is adequate room in the right-of-way.
7. Removal of trees as allowed with a Class I -IV forest
practices permit issued by the Washington State Department of
Natural Resources.
(Ord. 2678 §17, 2022; Ord. 2625 §58, 2020;
Ord. 2570 §4, 2018; Ord. 1758 §1 (part), 1995)
18 .040°ennit-Submi-tta;-°equirements
A. Permit Application. Prior to any tree removal, site clearing
or work within the Critical Root Zone, a Tree Permit application
must be submitted to the Department of Community Development
containing the following information:
1. Site Plan of the proposal showing:
a. Diameter, species name, location and canopy of existing
Significant Trees in relation to proposed and existing structures,
utility lines, and construction limit line;
b. Identification of all Significant Trees to be removed and/or
relocated;
c. Existing and proposed topography of the site at 2 foot
contour intervals; and
d. Limits of any critical area and critical area buffer and/or
shoreline jurisdiction.
Produced by the City of Tukwila, City Clerk's Office
Page 18-20O41
TITLE 18 — ZONING
2. Landscape Plan for the proposal showing:
a. Diameter, species name, spacing and location of
replacement trees to be planted;
b. Diameter, species name and location of all Significant
Trees to be retained; and
c. Vegetation protection m sures consistent with the
criteria in TMC Section 18.54.060.
3. Professional review or recommendation for removal of
Heritage Trees or as otherwise required. A Qualified Tree
Professional report is not required for the permitted removal of
trees other tc than Heritage Trees en a lot zoned I ow Density
Residential and improved with a single family dwelling. The
Director may require a report from a Qualified Tree Professional if
replacement trees are required or when the Director determines
that tree removal, site clearing, or work within the Critical Root
Zone may result in adverse impacts requiring remedial measures.
Third party review of the report or recommendation may be
required. The report or recommendation shall address the
following:
a. The anticipated effects of proposed construction or tree
removal on the viability of Significant Trees to remain on site;
b. Recommendations on replacement trees, spacing and
maintenance of proposed replacement trees once installed;
c. Post construction site inspection and evaluation; and
d. Estimated cost of maintenance of replacement trees for
the purposes of calculation of financial assurance, if required.
�. A photo of the tree(s) to be impacted or removed.
5. Time schedule. Proposed time schedule of vegetation
removal relocation ad/or replacement and other construction
activities that may affect on site vegetation, sensitive area,
sensitive area buffer, and/or shoreline zone.
B. Permit Materials Waiver. The Director may waive the
requirement for any or all plans or permit items specified in this
section upon finding that the information on the application is
sufficient to demonstrate that the proposed work will meet the
approval criteria detailed in this chapter and other City ordinances.
Such waiver of a requirement shall not be construed as waiving
any othcr requirements of this chapter or related regulations.
C. Permit Application Fcc. A Tree Permit fcc shall be
paid at the time an application or request is filed with the
department, pursuant to TMC Section 18.88.010, except as
otherwise noted in this chapter. All fees shall be paid according to
the Land Use Fee Schedule in effect at the time of application.
There is no permit fee for submittal of the Tree Inventory Survey.
(Ord. 2625 §59, 2020; Ord. 2570 §5, 2018)
18.54.0450 Permit Approval Criteria, General
All Tree Permit applications shall meet the criteria outlined
below for approval.
1. Existing trees will be retained on -site to the maximum
extent possible as required by TMC Section 18.54.060 and as
recommended in the Qualified Tree Professional report, if
applicable.
2. Tree protection will be implemented as required in
TMC Section 18.54.070.
3. Tree replacement will be implemented as required in
TMC Section 18.54.080; unless no replacement is required per
TMC Section 18.54.080, Table A.
4. Tree replacement funds will be deposited into the
City of Tukwila Tree Fund, as described in TMC Section 18.54.100,
if required.
5. A performance assurance will be submitted as
required in TMC Section 18.54.110.
(Ord. 2625 §60, 2020; Ord. 2570 §6, 2018; Ord. 1758 §1
(part), 1995)
18.54.0 60 Tree Retention Standards
A. As many Significant, Exceptional and Heritage Trees as
possible are to be retained on a site proposed for development or
re -development, particularly to provide a buffer between
development, taking into account the condition and age of the
trees.— As part of a land uscpermit application such as, but not
limited to, subdivision or short plat review, design review, or
building permit review, the Director of Community Development or
the Board of Architectural Review may require reasonable
alterations to the arrangement of buildings, parking or other
elements of the proposed development in order to retain
Significant, Exceptional or Heritage non-invasive Trees.
B. Topping and pruning of more than 25% of the canopy of
trees is prohibited and considered removal and subject to
replacement requirements of TMC Section 18.54.080.
C. Removal or topping of trees located on undeveloped
properties is prohibited except:
1. Those that interfere with access and/or passage on
public trails; or
2. When trees, including alders and cottonwoods, have
been determined to be one of the following by a Tree Risk
Assessment prepared by a Tree Risk Assessor, and where the risk
cannot be reduced to Low with mitigation, such as pruning:
a. Moderate risk with significant consequences;
b. Moderate risk with severe consequences;
c. High risk with a Target or Risk Target; or
d. Extreme risk.
3. Factors that will be considered in approving such tree
removal include, but are not limited to, tree condition and health,
age, risks to life or structures, and potential for root or canopy
interference with utilities.
D. Protection of trees shall be a major factor in the location,
design, construction and maintenance of streets and utilities.
Prgq.Eced by the City of Tukwila, City Clerk's Office
Page 18-207
TITLE 18 — ZONING
Removal or significant damage that could lead to tree death of
Significant, Exceptional or Heritage Trees shall be mitigated with
on- or off -site tree replacement as required by this chapter.
E. A Qualified Tree Professional shall provide an
assessment of any tree proposed for retention in a proposed
development to ensure its survivability during construction.
F. The Department shall conduct a tree canopy assessment
every five years from the date of the adoption of this chapter to
ensure the tree canopy goals of the Comprehensive Plan are being
met.
{Ord. 2625 §61, 2020; Ord. 2570 §7, 2018; Ord. 1758 §1
{part), 1995)
Produced by the City of Tukwila, City Clerk's Office Page 18-20§43
TITLE 18 — ZONING
18.54.0670 Tree Protection Standards
All trees not proposed for removal as part of a project or
development shall be protected using Best Management Practices
and the standards below.
1. The Critical Root Zones (CRZ) for all trees
designated for retention, on site or on adjacent property as
applicable, shall be identified on all construction plans, including
demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during
construction shall be covered immediately and kept moist with
appropriate materials. _The City may require a third -party Qualified
Tree Professional to review long-term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or
plywood or other approved equivalent, shall be placed around each
individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical
barriers shall be based on the approximate age of the tree (height
and canopy) as follows:
a. Young trees (trees which have reached less than
20% of life expectancy): _0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80%
of life expectancy):-_1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached
greater than 80% of life expectancy):-_1.5 feet per inch of trunk
diameter.
5. Alternative protection methods may be used that
provide equal or greater tree protection if approved by the Director.
6. A weatherproof sign shall be installed on the fence or
barrier that reads:
"TREE PROTECTION ZONE - THIS FENCE SHALL NOT BE
REMOVED OR ENCROACHED UPON. —_No soil disturbance,
parking, storage, dumping or burning of materials is allowed within
the Critical Root Zone. -_The value of this tree is $ [insert value of
tree as determined by a Qualified Tree Professional here].
Damage to this tree due to construction activity that results in the
death or necessary removal of the tree is subject to the Violations
section of TMC Chapter 18.54."
7. All tree protection measures installed shall be
inspected by the City and, if deemed necessary a Qualified Tree
Professional, prior to beginning construction or earth moving.
8. Any branches or limbs that are outside of the CRZ
and might be damaged by machinery shall be pruned prior to
construction by a Qualified Tree Professional. -_No construction
personnel shall prune affected limbs except under the direct
supervision of a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood
chip mulch. -_Mulch shall not be placed directly against the trunk.
A 6-inch area around the trunk shall be free of mulch.- Additional
measures, such as fertilization or supplemental water, shall be
carried out prior to the start of construction if deemed necessary by
the Qualified Tree Professional's report to prepare the trees for the
stress of construction activities.
10. No storage of equipment or refuse, parking of
vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including
trenching, shall be allowed within the CRZ.-_Grade changes within
10 feet of the CRZ shall be approved by the City prior to
implementation.
12. The applicant is responsible for ensuring that the
CRZ of trees on adjacent properties are not impacted by the
proposed development.
13. A pre -construction inspection shall be conducted by
the City to finalize tree protection actions.
14. Post -construction inspection of protected trees shall
be conducted by the City and, if deemed necessary by the City, a
Qualified Tree Professional. -All corrective or reparative pruning
will be conducted by a Qualified Tree Professional.
(Ord. 2570 §8, 2018; Ord. 1758 §1 (part), 1995)
Prgq.ced by the City of Tukwila, City Clerk's Office
Page 18-209
TITLE 18 — ZONING
18.54.0780 Tree Replacement
A. Replacement Exemption for Single -Family Tree
Removal. -_Except for Heritage Trees, the removal of Significant
Trees, depending on the size within any 36-month period on a
property zoned Low Density Residential and improved with a
single-family dwelling, is permitted, subject to the requirements of
Table A below.
Single
TABLE A -
Trees
(DBH)
# of Trees in 36 month
period that can be
removed without
replacement (1)
>6-8"
4
>8-18"
2
>18"
1 and no other trees
(1) A combination of trees of different sizes may be removed
without replacement so long as the total number of trees removed
does not exceed the number allowed for the largest tree removed
in a 36-month period. —_See Tree Permit Application for additional
details.
B. Replacement Standards.
1. Each existing Significant Tree removed, including
removal of trees in easements and rights -of -way for the purposes
of constructing public streets and utilities, shall be replaced with
new tree(s), based on the size of the existing tree as shown below,
up to a maximum density of 100 new trees per acre, generally 12-
15 feet apart -if the number of required replacement trees exceeds
site capacity, payment is required into the City's Tree Fund.
2. Tree Replacement Ratios. —_Table B (below)
establishes tree replacement ratios when Significant, Exceptional
or Heritage Trees are removed. -_For properties zoned Low Density
Residential and improved with a single-family dwelling, when the
number of trees permitted to be removed in a 36-month period, as
shown in Table A, has been exceeded, the replacement ratios set
forth in Table B apply. -_Trees damaged due to natural disasters,
such as wind storms, hail, ice or snow storms, and earthquakes,
are not required to be replaced. -_Trees determined to be Defective
by the City or a Qualified Tree Professional, are not required to be
replaced. -_Any tree removal on undeveloped properties is subject
to replacement ratios in Table B.-_Illegal topping and pruning more
than 25% in a 36-month period is subject to replacement ratios in
Table B.
TABLE B - Tree Replacement Requirements
Trees
Replacement ratio for
trees that are subject
(DBH)
to replacement
6-8"
1:1
>8-18"
1:2
>18"
1:3
3. The property owner is required to ensure the viability
and long-term health of trees planted for replacement through
proper care and maintenance for the life of the site's improvement.
Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
4. If all required replacement trees cannot be
accommodated reasonably on the site, the applicant shall pay into
the Tree Fund in accordance with the Consolidated Permit Fee
Schedule adopted by resolution of the City Council.
Trees,
fp-B-14)
trees that are subject
to -replacement
6-8f
44
8 18"
1-2
>18"
1:3
5. Tree replacement shall also meet the standards in
TMC Section-18.54.160.
(Ord. 2625 §62, 2020; Ord. 2570 §9, 2018; Ord. 1758 §1
(part), 1995)
18.54.0890 Tree Relocation
A. Tree relocation shall be carried out according to Best
Management Practices, and trees proposed for relocation shall
have a reasonable chance of survival.
(Ord. 2570 §10, 2018; Ord. 1758 §1 (part), 1995)
18.54.091-00 Tree Fund
A. When trees are topped or removed without a permit, or if
the number of replacement trees required by Table B cannot be
accommodated on -site, the Director shall require payment into the
Tree Fund. —_The fee will be based on the current cost of the
following:
1. The cost of purchasing and delivering a 2-inch caliper
deciduous or 6-foot evergreen tree;
2. The cost of labor to install a tree;
3. The cost of supplies needed for the installation of a
tree, including but not limited to, soil amendments, mulch, stakes,
etc.; and
4. The cost of maintenance of a new tree for at least
three years, including but not limited to, watering, weeding, and
pruning.
B. The cost of a replacement tree shall be updated annually
in the Land Use Fee Schedule.
C. The money in this fund shall be used by the City or its
contractor to purchase, plant and maintain trees on sites in the City.
D. Tree funds may be used by a single-family property owner
to plant one or more street trees if approved by the Director and by
the Public Works Department. _The tree species must be approved
by the City and be appropriate to the site conditions. -_The property
owner is responsible for the site preparation and maintenance of
the street tree, pursuant to TMC Section 18.54.160.
Produced by the City of Tukwila, City Clerk's Office
Page 18-21145
TITLE 18 - ZONING
(Ord. 2570 §11, 2018; Ord. 1758 §1 (part), 1995)
18.54.1040 Performance Assurance
A. To mitigate potential damages that may result from
unauthorized tree removal or maintenance, the Director may
require the applicant to submit a bond, letter of credit, or other
means of assurance acceptable to the City prior to issuance of a
Tree Permit, subject to the following provision:
1. Tree Protection Assurance. _The applicant may be
required to post a three year performance bond or other acceptable
security device to ensure the installation, maintenance and
adequate performance of tree protection measures during the
construction process. -_The amount of this bond shall equal 150
percent of the City's estimated cost of replacing each replacement
tree. -_The estimated cost per tree shall be the fair market value of
the tree. -_Prior to the Department's DCD final inspection, any
protected tree found to be irreparably damaged, severely stressed
or dying shall be replaced according to the standards identified in
this chapter. -_The City may release all or part of the bond prior to
the conclusion of the bonding period if the applicant demonstrates
that the requirements of this section have been satisfied and there
is evidence that the protected trees will survive. —_If trees
designated for retention are damaged, they shall be subject to
replacement.
2. Tree Maintenance Assurance. _Where
replacement trees are required, the applicant may be required to
post a one-year replacement tree maintenance bond or other
acceptable security device to ensure the survival of replacement
trees.- The amount of the maintenance bond shall equal 150
percent of the cost of plant material, periodic fertilizing and pruning,
and labor until tree survival is ensured. -in the event a required
replacement tree becomes irreparably damaged, severely
stressed or dies, the tree shall be replaced according to the
standards in this chapter. -_The City may release all or part of the
bond prior to the conclusion of the bonding period if the applicant
demonstrates that the requirements of this section have been
satisfied and there is evidence that the protected trees will survive.
Submission of annual photos for three years documenting that the
tree is in good health will satisfy this requirement for properties
zoned Low Density Residential and improved with a single-family
dwelling. -_Trees that do not survive the three-year maintenance
period shall be replanted and the three year maintenance period
shall restart at the time of replanting.
3. The applicant shall provide an estimate of the costs
associated with the required performance bond or other security as
described above. —_In lieu of an applicant's estimate, the
performance assurance shall be equal to City staffs best estimate
of possible costs to meet the above requirements.- _In no case shall
the performance -assurance exceed an amount equal to two and
one-half times the current cost of replacing the plants in
accordance with the tree replacement provisions of this chapter.
4. The performance assurances shall not be fully
released without final inspection and approval of completed work
by the City, submittal of any post -construction evaluations or
following any prescribed trial maintenance period required in the
permit.
5. Performance assurances provided in accordance
with this chapter may be enforced in whole or in part by the City
upon determination by the Director that the applicant has failed to
fully comply with approved plans and/or conditions.
(Ord. 2625 §63, 2020; Ord. 2570 §12, 2018;
Ord. 1758 §1 (part), 1995)
18.54.1120 Liability
A. Liability for any adverse impacts or damages resulting
from work performed in accordance with a Tree Permit, will be the
sole responsibility of the owner of the site for which the permit was
issued.
B. Issuance of a Tree Permit and/or compliance with permit
provisions or conditions shall not relieve an applicant from any
responsibility otherwise imposed by law for damage to persons or
property in an amount greater than the insured amount required by
this chapter.
C. Nothing contained in this chapter shall be deemed to
relieve any property owner from the duty to keep any tree or
vegetation upon his or her property or under his or her control in
such condition as to prevent it from constituting a hazard or a
nuisance pursuant to TMC Chapter 8.28.
D. The amount of any security shall not serve as a gauge or
limit to the compensation collected from a property owner as a
result of damages associated with any vegetation clearing.
E. The applicant shall at all times protect improvements to
adjacent properties and public rights -of -way or easements from
damage during clearing. —_The applicant shall restore to the
standards in effect at the time of the issuance of the permit any
public or private improvements damaged by the applicant's
operations.
(Ord. 2570 §13, 2018; Ord. 1758
§1
(part), 1995)
Pi -Miffed by the City of Tukwila, City Clerk's Office
Page 18-211
TITLE 18 - ZONING
•IQ 5 130 Permit Pro�cing and Duran
TOOT: I�r{.TTiifLTTV Tf
A. Al; -Tree Per steal --be processed Type-4 decisions.
Exceptions to the requirement& of this chapter shall be proceo ed
as a Typc 2 decision.
B. If the Tree Permit application is not approved, the Director
shall inform the applicant in writing of the reasons for disapproval
C. Tree permits expire one year after the datc the permit is
issued.
(Ord. 2678 §18, 2022; Ord. 2570 §14, 2018;
Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995)
18.54.1240 Permit Exceptions
A. Exception Procedures. —_An applicant seeking an
exception from this chapter shall submit for an exception as part of
a Tree Permit application.- Such application shall fully state all
substantiating facts and evidence pertinent to the exception
request, and include supporting maps or plans. -_The exception
shall not be granted unless and until sufficient reasons justifying
the exception are provided by the applicant and verified by the City.
Approval of the exception is subject to the exception criteria
outlined below.
B. Exception Criteria:
1. The Director may grant exceptions from the
requirements of this chapter when undue hardship may be created
by strict compliance with the provisions of this chapter. -_Any
authorization for an exception may prescribe conditions deemed
necessary or desirable for the public interest, or necessary to meet
the intent of this chapter.
2. An exception to this chapter shall not be granted
unless all of the following criteria are met:
a. Strict compliance with the provisions of this code
may jeopardize project feasibility or reasonable use of property.
b. Proposed tree removal, replacement, and any
mitigative measures proposed, are consistent with the purpose and
intent given in this chapter.
c. The granting of the exception or standard
reduction will not be detrimental to the public welfare or injurious to
other property in the vicinity.
3. In addition to the above criteria, the Director may also
require review of an exception request by a third party Qualified
Tree Professional at the expense of the applicant.
(Ord 2678 §1A 2022• Ord 2570 §1G 2018• Orel 1758 §1
(part), 1995)
18.54.1350 Permit Conformance
A. All work must be performed in accordance with approved
Permit plans specified in this chapter or revised plans as may be
determined by the Director. -_The applicant shall obtain permission
in writing from the Director prior to modifying approved plans.
{Ord. 2570 §16, 2018; Ord. 1758 §1 (part), 1995)
18.54.1460 Soil Preparation, Plant Material and
Maintenance Standards
A. Soil Preparation.
1. Soils must be prepared for planting by incorporating
compost and/or topsoil to a depth of 12 inches throughout the
planting area.
2. An inspection of the planting areas prior to planting
may be required to ensure soils are properly prepared.
3. Installation of plants must comply with Best
Management Practices including, but not limited to:
a. Planting holes that are the same depth as the size
of the root ball and two to three times wider than the root ball.
b. Root balls of potted and balled and burlapped
(B&B) plants must be loosened and pruned as necessary to ensure
there are no encircling roots prior to planting. -_All burlap and all
straps or wire baskets must be removed from B&B plants prior to
planting.
c. The top of the root flare, where the roots and the
trunk begin, should be placed at grade. -_The root ball shall not
extend above the soil surface and the flare shall not be covered by
soil or mulch. For bare root plants, ensure soil beneath roots is
stable enough to ensure correct height of the tree.
d. If using mulch around trees and shrubs, maintain
at least a 4-inch mulch -free ring around the base of the tree trunks
and woody stems of shrubs.- _If using mulch around groundcovers
until they become established, mulch shall not be placed over the
crowns of perennial plants.
B. Plant Material Standards.
1. Plant material shall be healthy, vigorous and well -
formed, with well -developed, fibrous root systems, free from dead
branches or roots. -_Plants shall be free from damage caused by
temperature extremes, pre -planting or on -site storage, lack of or
excess moisture, insects, disease, and mechanical injury. -_Plants
in leaf shall show a full crown and be of good color. -_Plants shall
be habituated to outdoor environmental conditions (i.e. hardened -
off).
2. Evergreen trees shall be a minimum of 6 feet in
height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper at
time of planting as measured 4.5 feet from the ground, determined
according to the American Standard for Nursery Stock as it now
reads and as hereafter amended.
4. Smaller plant stock may be substituted on a case -by -
case basis with approval of the City's environmental specialist.
5. Tree spacing shall take into account the location of
existing and new trees as well as site conditions.
6. Where there are overhead utility lines, the tree
species selected shall be of a type which, at full maturity, will not
interfere with the lines or require pruning to maintain necessary
clearances.
Produced by the City of Tukwila, City Clerk's Office
Page 18-21347
TITLE 18 — ZONING
C. Tree Maintenance and Pruning.
1. Pruning of trees should be (1) for the health of the
plant material, (2) to maintain sight distances or sight lines, or (3)
if interfering with overhead utilities.—_AII pruning must be done in
accordance with American National Standards Institute (ANSI)
A300 specifications, as it now reads and as hereafter amended.
No more than 25% of the tree canopy shall be pruned in any two-
year period, except for fruit trees that are being pruned to increase
harvest potential. _Any tree pruned in excess of 25% of the canopy
shall be subject to replacement ratios listed under TMC Section
18.54.080.
2. All protected and replacement trees and vegetation
shown in approved Tree Permit shall be maintained in a healthy
condition by the property owner throughout the life of the project,
unless otherwise approved by the Director in a subsequent Tree
Permit.
3. Trees may only be pruned to lower their height to
prevent interference with an overhead utility line with prior approval
by the Director. —_The pruning must be carried out under the
direction of a Qualified Tree Professional or performed by the utility
provider under the direction of a Qualified Tree Professional. —_The
crown shall be maintained to at least 2/3 the height of the tree prior
to pruning.
(Ord. 2625 §64, 2020; Ord. 2570 §17, 2018;
Ord. 1758 §1 (part), 1995)
18.54.1570 Heritage Trees and Heritage Groves
A. Heritage Trees or a Heritage Grove must be nominated
for designation by, or approved for nomination by, the owner of the
property on which the tree or grove is located.
B. Designation Criteria. — _A tree or grove that meets the
basic definition of Heritage Tree or Heritage Grove must also meet
one or more of the following criteria:
1. Has exceptional national, state or local historical
significance including association with a historical figure, property,
or significant historical event; or
2. Has an exceptional size or exceptional form for its
species; or
3. Has an exceptional age for its species; or
4. Is the sole representative of its species in the area;
or
5. Has exceptional botanical or ecological value.
C. Once approved, the Heritage Tree or Heritage Grove shall
be identified by signage that provides information as to the tree's
or grove's significance.
D. Heritage Tree or Heritage Grove Development
Review.
1. When development is proposed for property that
contains a Heritage Tree or Grove, and the Director determines
that the proposed development may affect a Heritage Tree, the
property owner must have a tree preservation plan prepared by a
Qualified Tree Professional as approved by the Director
demonstrating how the Heritage Tree will be protected and
preserved. —_A Heritage Tree shall be preserved using the tree
protection and retention criteria of this chapter.
2. A tree preservation plan shall be composed of the
following:
a. A site plan indicating the location of Heritage
Tree(s).
b. The methods to be used to preserve the Heritage
Tree(s).
c. A mitigation plan indicating the replacement trees
or additional new trees to be placed on the site. —_The mitigation
plan should demonstrate, to the extent possible, that the character
of the site will not substantially change as a result of development.
3. Site design adjustments may be approved in some
cases for the subject property or an affected adjacent parcel, as
follows:
a. Up to a 20% variance to front, side, and/or rear
yard setback standards to retain a Heritage Tree(s) or Grove may
be reviewed and granted as part of the underlying land use or
construction permit. —_The adjustment shall be the minimum
necessary to accomplish preservation of the Heritage Tree(s) or
Grove on site and shall not conflict with other adopted ordinances
or conditions placed on the property.
b. Up to a 10% variance to the lot size and/or the
lot width requirements in approving any land division if necessary
to retain Heritage Tree(s) or Grove.
4. Removal of a Heritage Tree. —_No person may cut or
remove a Heritage Tree without approval of a Type 2 permit. —_The
Tree Permit may be approved if one or more of the criteria below
is met:
a. Retention of the tree would make reasonable use
of the property allowed under the current zoning impractical or
impossible; or
b. The removal is necessary to accommodate a new
improvement, structure or remodeled structure, and no alternative
exists for relocation of the improvement on the site, or that
variances to setback provisions will not allow the tree to be saved
or will cause other undesirable circumstances on the site or
adjacent properties; or
c. The tree is hazardous, diseased or storm
damaged and poses a threat to the health, safety or welfare of the
public; or
d. The tree has lost its importance as a Heritage
Tree due to damage from natural or accidental causes, or is no
longer of historic or natural significance; or
e. The tree needs to be removed to accomplish a
public purpose and no practical alternative exists.
5. The limb structure or crown of a Heritage Tree may
be pruned in any one-year period without obtaining a Type 2 permit
provided that at least 80% of the existing tree crown remains
undisturbed.
6. Any person who wishes to prune a Heritage Tree or
Grove in excess of 20% of the existing crown shall apply for a Tree
Permit and meet the following criteria.
Prgq.ed by the City of Tukwila, City Clerk's Office
Page 18-213
TITLE 18 — ZONING
a. The protected tree shall be pruned following
acceptable arboricultural standards; and
b. The tree shall be pruned in a manner that ensures
safety to public and private property and shall be carried out by a
Qualified Tree Professional; and
c. Any other conditions necessary to ensure
compliance with the goals and policies of the Comprehensive Plan.
{Ord. 2570 §18, 2018; Ord. 1758 §1 (part), 1995)
18.54.1680 Approved and Prohibited Trees
A. The City will maintain on file, and provide upon request, a
list of approved trees for planting and trees that are prohibited from
being planted in the City. -_These lists will be updated as new
information becomes available.
{Ord. 2570 §19, 2018; Ord. 1758 §1 (part), 1995)
18.54.1790 Violations
A. Failure to comply with any requirement of this chapter
shall be deemed a violation subject to enforcement pursuant to this
chapter and TMC Chapter 8.45.
B. Penalties.
1. In addition to any other penalties or other
enforcement allowed by law, any person who fails to comply with
the provisions of this chapter also shall be subject to a civil penalty
assessed against the property owner as set forth herein. -_Each
unlawfully removed or damaged tree shall constitute a separate
violation.
2. Removal or damage of tree(s) without applying for
and obtaining required City approval is subject to a fine of $1,000
per tree, or up to -_the marketable value of each tree removed or
damaged as determined by a Qualified Tree Professional,
whichever is greater.
3. Any fines paid as a result of violations of this chapter
shall be allocated as follows: =75% paid into the City's Tree Fund;
25% into the General Fund.
4. The Director may elect not to seek penalties or may
reduce the penalties if he/she determines the circumstances do not
warrant imposition of any or all of the civil penalties.
5. Penalties are in addition to the restoration of removed
trees through the remedial measures listed in TMC Section
18.54.200.
6. It shall not be a defense to the prosecution for a
failure to obtain a permit required by this chapter that a contractor,
subcontractor, person with responsibility on the site or person
authorizing or directing the work erroneously believes a permit was
issued to the property owner or any other person.
(Ord. 2625 §65, 2020; Ord. 2570 §20, 2018;
Ord. 1758 §1 (part), 1995)
18.54.18200 Remedial Measures
In addition to the penalties assessed, the Director shall require
any person conducting work in violation of this chapter to mitigate
the impacts of unauthorized work by carrying out remedial
measures.
1. Any illegal removal of required trees shall be subject
to obtaining a Tree Permit and replacement with trees that meet or
exceed the functional value of the removed trees.
2. To replace the tree canopy lost due to the tree
removal, additional trees must be planted on -site. -_Payment shall
be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on -site. —_The number of
replacement trees required will be based on the size of the tree(s)
removed as stated in Table B.
3. The applicant shall satisfy the permit provisions as
specified in this chapter.
4. Remedial measures must conform to the purposes
and intent of this chapter. -_In addition, remedial measures must
meet the standards specified in this chapter.
5. Remedial measures must be completed to the
satisfaction of the Director within 6 months of the date a Notice of
Violation and Order is issued pursuant to TMC Chapter 8.45, or
within the time period otherwise specified by the Director.
6. The cost of any remedial measures necessary to
correct violation(s) of this chapter shall be borne by the property
owner and/or applicant. -_Upon the applicant's failure to implement
required remedial measures, the Director may redeem all or any
portion of any security submitted by the applicant to implement
such remedial measures, pursuant to the provisions of this chapter.
{Ord. 2570 §21, 2018; Ord. 1758 §1 (part), 1995)
18.54.19240 Enforcement
A. General.- In addition to the Notice of Violation and Order
measures prescribed in TMC Chapter 8.45, the Director may take
any or all of the enforcement actions prescribed in this chapter to
ensure compliance with, and/or remedy a violation of this chapter;
and/or when immediate danger exists to the public or adjacent
property, as determined by the Director.
1. The Director may post the site with a "Stop Work"
order directing that all vegetation clearing not authorized under a
Tree Permit cease immediately. -_The issuance of a "Stop Work"
order may include conditions or other requirements which must be
fulfilled before clearing may resume.
2. The Director may, after written notice is given to the
applicant, or after the site has been posted with a "Stop Work"
order, suspend or revoke any Tree Permit issued by the City.
3. No person shall continue clearing in an area covered
by a "Stop Work" order, or during the suspension or revocation of
a Tree Permit, except work required to correct an imminent safety
hazard as prescribed by the Director.
Produced by the City of Tukwila, City Clerk's Office
Page 18-2149
TITLE 18 — ZONING
B. Injunctive relief. _Whenever the Director has reasonable
cause to believe that any person is violating or threatening to
violate this chapter or any provision of an approved Tree Permit,
the Director may institute a civil action in the name of the City for
injunctive relief to restrain the violation or threatened violation.
Such civil action may be instituted either before or after, and in
addition to, any other action, proceeding or penalty authorized by
this chapter or TMC Chapter 8.45.
C. Inspection access.
1. The Director may inspect a property to ensure
compliance with the provisions of a Tree Permit or this chapter,
consistent with TMC Chapter 8.45.
2. The Director may require a final inspection as a
condition of a Tree Permit issuance to ensure compliance with this
chapter. —_The permit process is complete upon final approval by
the Director.
Prged by the City of Tukwila, City Clerk's Office Page 18-215
TITLE 18 — ZONING
(Ord. 2570 §22, 2018) CHAPTER 18.56
OFF-STREET PARKING AND
LOADING REGULATIONS
Sections:
18.56.010 Purpose
18.56.020 Chapter Application
18.56.030 Reduction of Existing Parking Spaces
18.56.040 General Requirements
18.56.050 Required Number of Parking Spaces
18.56.060 Loading Space Requirements
18.56.065 Residential Parking Requirements
18.56.070 Cooperative Parking Facility
18.56.080 Parking for the Handicapped
18.56.090 Compact Car Allowance
18.56.100 Uses Not Specified
18.56.110 Landscaping and Screening
18.56.120 Filing of Plans
18.56.130 Development Standards for Bicycle Parking
18.56.135 Electric Vehicle Charging Station Spaces
18.56.140 Administrative Variance from Parking Standards
18.56.010 Purpose
A. It is the purpose of this chapter to provide for adequate,
convenient, and safe off-street parking and loading areas for the
different land uses described in this title.
(Ord. 1795 §3 (part), 1997; Ord. 1758 §1 (part),1995}
18.56.020 Chapter Application
A. Off-street parking and loading spaces shall be provided
as an accessory use in all zones in accordance with the
requirements of this chapter, at the time any building or structure
is erected, enlarged or at the time there is a change in its principal
use.
(Ord. 1795 §3 (part), 1997; Ord. 1758 §1 (part),1995}
18.56.030 Reduction of Existing Parking Spaces
A. Any off-street parking area already in use or established
hereafter shall not be reduced below the limits required by this
chapter by the construction of any addition to a building or
structure, nor by the erection of an additional building or structure
on the property. —_Any change of principal and/or secondary use
must meet the parking requirements of the new use.
(Ord. 1795 §3 (part), 1997; Ord. 1758 §1 (part), 1995}
18.56.040 General Requirements
A. Any required off-street parking and loading facilities shall
be developed in accordance with the following standards:
1. Location::
a. Any required off-street parking shall be accessory
to a primary use except as allowed by the Land Use Tables 18-2
and 18-6;
Produced by the City of Tukwila, City Clerk's Office Page 18-2151
TITLE 18 - ZONING
b. Additionally, off -premises parking areas shall be
subject to compliance with the covenant parking standards in TMC
Section 18.56.070, "Cooperative Parking Facility."
2. Parking Dimensions_— _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. -_This
standard does not apply to single family, duplex, triplex, fourplex or
townhouse uses or where cooperative parking is approved.
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. -_This standard does not apply to single
family, duplex, triplex, fourplex or townhouse uses.
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 permeable pavement, which is
the preferred material, or asphalt, concrete or other similar
approved material(s) that maintains a durable uniform surface and
shall be graded and drained as to dispose of all surface water, but
not across sidewalks.
b. Any parking stalls provided in excess of the
required minimum shall use permeable pavement where
technically feasible in accordance with the Surface Water Design
Manual, adopted in accordance with TMC Chapter 14.30.
c. 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.
d. Paved parking areas shall use paint or similar
devices to delineate car stalls and direction of traffic.
e. 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.
f. 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.
;
;
Prgced by the City of Tukwila, City Clerk's Office
Page 18-217
TITLE 18 — ZONING
18.56.050 Required Number of Parking Spaces
A. The minimum number of off-street parking spaces for the
listed uses shall be as shown in Figure 18-7.—_Minimum parking
requirements shall be maintained over the life of the original or
primary use. —_Any additional uses, either secondary or accessory
in nature, must have parking available that does not impact the
minimum parking of the original or primary use. —_This extends to
parking spaces used for park -and -fly lots or use of parking for
storage or outdoor displays. —_NOTE:— Automobile parking
requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are
listed in TMC Section-18.28.260.
(Ord. 2718 §2, 2023; Ord. 2442 §3, 2014; Ord. 2368 §55,
2012;
Ord. 2251 §67, 2009; Ord. 1795 §3 (part), 1997;
Ord 1758 §11 (part1 1995)
,
18.56.060 Loading Space Requirements
A. Off-street space for standing, loading and unloading
services shall be provided in such a manner as not to obstruct
freedom of traffic movement on streets or alleys. —_For all office,
commercial, and industrial uses, each loading space shall consist
of at least a 10-foot by 30-foot loading space with 14-foot height
clearance for small trucks such as pickup trucks, or a 12-foot by
65-foot loading space with 14-foot height clearance for large trucks,
including tractor -trailer. —_These requirements may be modified as
a Type 1 decision, where the Community Development Director
finds that such reduction will not result in injury to neighboring
property, or obstruction of fire lanes/traffic, and will be in harmony
with the purposes and intent of this chapter.
{Ord. 2368 §56, 2012; Ord. 1795§2 („art), 1997;
Ord. 1770 §33, 1996; Ord. 1758 §1 (part), 1995)
18.56.065 Residential Parking and Storage
Requirements
A. Parking and vehicle storage limitations on properties
devoted to single-family residential use shall be as follows:
1. Motor vehicles on property devoted to single-family
residential use shall be parked on an approved durable uniform
surface that is designed to retain surface water on -site and without
causing impacts. —_If necessary, surface water may drain to street
if no other design is feasible. —_Motor vehicles, other than those
specified in TMC Section 18.56.065.A.2, shall not be parked in
setbacks except in front or secondary front -yard setbacks from
streets, when in an approved driveway that provides access to an
approvcd parking location, and that is in conformance with TMC
Title 18, as that title currently exists or as it may be subsequently
amended.— Parking in the rear setback for a single-family home is
permitted where the parking is connected to a rear alley.
2. Recreational vehicles, boats or trailers shall be
parked, kept or stored on an approved durable uniform surface and
shall not be parked, kept or stored in required front yard setbacks,
except for a driveway. —_Recreational vehicle parking in the side or
rear yard setbacks is allowed, provided no recreational vehicle is
parked so as to prevent access by emergency responders to all
sides of a structure.
3. No more than 50% of the front yard or 800 square
feet, whichever is smaller, may be approved durable uniform
surface. —_An approved durable uniform surface exceeding this
requirement prior to August 25, 2004 may be maintained, but shall
not be expanded. —_The Director of Community Development may
approve exceptions to this requirement for an access driveway,
particularly on pie -shaped or other odd shaped lots where it is
infeasible to meet this requirement.
4. Single-family properties on pre-existing, legal lots of
record containing less than 6,500 square feet are exempt from the
percentages noted in TMC Section 18.56.065.A.3.
5. No more than six motor vehicles shall be parked on
a single-family residential property of 13,000 square feet or less
outside of a carport or enclosed garage for a period of more than
48 hours. —_For purposes of this section, "single-family residential
property" means any parcel containing a single-family residence or
multiple parcels combined containing one single-family residence,
typically identified by a single address located in the LDR zone.
The parking limitations in this subsection shall apply to all motor
vehicles as defined by state law with the exception of motorcycles
and mopeds.
B. Each unit in a townhouse development shall have an
attached garage with parking for at least one vehicle or a parking
space in an underground garage.
C. Waiver from the requirement for number of required
stalls:— Via a Type 2 Modification to Certain Parking Standards
Permit, Tthe Director shall have the discretion to waive the
requirement to construct a portion of the off-street parking
requirement if, based on a parking demand study, the property
owner establishes that the dwelling will be used primarily to house
residents who do not and will not drive due to a factor other than
age. —_Such a study shall ensure that ample parking is provided for
residents who can drive, guests, caregivers and other persons who
work at the residence. —_If such a waiver is granted, the property
owner shall provide a site plan, which demonstrates that in the
event of a change of use that eliminates the reason for the waiver,
there is ample room on the site to provide the number of off-street
parking spaces required by this Code. —_In the event that a change
of use or type of occupant is proposed that would alter the potential
number of drivers living or working at the dwelling, the application
for change of use shall be conditioned on construction of any
additional off-street parking spaces required to meet the standards
of this Code.
(Ord. 2518 §14, 2016; Ord. 2368 §57, 2012; Ord. 2199
Ord. 1976 §62, 2001)
18.56.070 Cooperative Parking Facility
A. Shared Parking: —_When two or more property owners
agree to enter into a shared parking agreement, the setbacks and
landscaping requirements on their common property line(s) may be
waived with that land used for parking, driveway and/or building.
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TITLE 18 — ZONING
B. Covenant Parking: —_When off -premises parking is
provided on a lot other than the lot of the use to which it is
accessory, the following conditions shall apply:
1. Required off-street parking may be located off -
premises when that parking supply is required to meet the
minimum number of off-street parking spaces (TMC Section
18.56.050) and is provided as secondary to a principal use, except
as allowed by the Land Use Tables 18-2 and 18-6.
2. A covenant shall be executed between the owner or
operator of the principal use that the covenant parking will serve,
the owner of the parking spaces, and the City stating the
responsibilities of the parties. —_This covenant and accompanying
legal descriptions of the principal use and the lot upon which the
spaces are to be located shall be recorded with King County, and
a copy with the recording number and parking layouts shall be
submitted as part of any permit application for development.
3. The covenant lot must be within 800 feet of the
primary commercial use or a shuttle service to the use must be
provided with its route, service and operations approved by the
Director.
C. When any Shared or Covenant parking agreement
between parties, as referenced above, is modified or terminated,
the owner of the parking spaces shall be responsible for notifying
the Director. —in this event, all affected parties shall provide
documentation that a minimum of 50% of the required minimum
parking will be available within 90 days following termination of the
agreement, with the remainder to be available 365 days following
termination of the original agreement.— _If a variance is sought, the
application must be submitted within 14 days of the signed
agreement to terminate and the reduction in parking spaces will
only be allowed if the variance is approved.
D. Complementary Parking: —_A complementary use is a
portion of the development that functions differently than the
primary use but is designed to serve or enhance the primary land
use without creating additional parking needs for the primary traffic
generator. —_Up to 10% of the usable floor area of a building or
facility may be occupied by a complementary use without providing
parking spaces in addition to the number of spaces for the principal
use.— Examples of complementary uses include pharmacies in
hospitals or medical offices, food courts or restaurants in a
shopping center or retail establishments.
E. Applications for shared, covenant or complementary
parking shall be processed as Type 2 decisions, pursuant to TMC
Section 18.108.020.
(Ord. 2589 §3, 2018; Ord. 1795 §2 (part), 1997;
Ord 11758 §11 (part)-1995)
18.56.080 Parking for the Handicapped
A. All parking provided for the handicapped, or others
meeting definitions of the 1991 Americans with Disabilities Act
(ADA), shall meet requirements of the Chapter 11 of the 1994
Uniform Building Code, as amended by Washington Administrative
Code, sectionWAC 51.30, et seq.—_(See Figure 18-8.)
(Ord. 1795 §2 (part), 1997; Ord. 1758 §1 (part), 1995)
Prgjced by the City of Tukwila, City Clerk's Office Page 18-219
TITLE 18 - ZONING
18.56.090 Compact Car Allowance
A. A maximum of 30% of the total off-street parking stalls
may be permitted and designated for compact cars.
B. Each compact stall shall be designated as such, with the
word COMPACT printed onto the stall, in a minimum of eight -inch
letters and maintained as such over the life of the use of both the
space and the adjacent structure it serves.
C. Dimensions of compact parking stalls shall conform to the
standards as depicted in Figure 18-6 of this chapter.
D. Compact spaces shall be reasonably dispersed
throughout the parking lot.
{Ord. 1795 §2 (part), 1997; Ord. 1758 §1 (part), 1995)
18.56.100 Uses Not Specified
A. In the case of a use not specifically mentioned in this
chapter, the requirements for off-street parking facilities shall be
determined by the Director. -_Such determination shall be based
upon the requirements for the most comparable use specified in
this chapter.
{Ord. 1795 §2 (part), 1997; Ord. 1758 §1 (part), 1995)
18.56.110 Landscaping and Screening
A. Landscaping and screening requirements shall be as
provided in the Landscape, Recreation, Recycling/ Solid Waste
Space Requirements chapter of this title.
(Ord. 1795 §2 (part), 1997; Ord. 1758 §1 (part), 1995)
18.56.120 Filing of Plans
A. Detailed plans of off-street parking areas, indicating the
proposed development including the location, size, shape, design,
curb -cuts, adjacent streets, circulation of traffic, ingress and egress
to parking lots and other features and appurtenances of the
proposed parking facility, shall be filed with and reviewed by the
Community Development Director. -_The parking area shall be
developed and completed to the required standards before an
occupancy permit for the building may be issued.- The parking lot
layout shall be reviewed as part of the underlying land use or the
construction permit.- _If the proposal includes only reconfiguring of
the parking lot such as adding/deleting parking spaces, making
changes to the interior parking lot landscaping, or altering fire
lanes, but no other land use permit or other construction permit is
required, then the restriping proposal shall be reviewed as a Type
2 decision process as outlined in TMC Section 18.108.020.
{Ord. 2368 §58, 2012; Ord. 1795§2 („art), 1997;
Ord 1758 Al (part, 1995)
18.56.130 Development Standards for Bicycle Parking
A. Required Number of Bicycle Parking Spaces: -_The
required number of parking spaces for bicycles are included in
TMC 18.56.050, Figure 18-7.
B. Location:
1. Required bicycle parking must be located within 50
feet of an entrance to the building or use
2. Bicycle parking may be provided within a building, but
the location must be accessible for bicycles
C. Safety and Security:
1. Legitimate bicycle spaces are individual units within
ribbon racks, inverted `U' racks, locking wheel racks, lockers, or
other similar permanent structures.
2. If bicycle lockers are used, windows and/or view
holes must be included to discourage improper uses.
3. If bicycle parking is not visible from the street, a sign
must be posted indicating the location of the bicycle parking
spaces.
4. All bicycle parking must be separated from motor
vehicle traffic by a barrier, curb, post, bollard or other similar
device.
D. Process: —_Upon application to and review by the
Community Development Director, subject to a Type 1 decision
process as outlined in TMC Section 18.108.020, the bicycle
parking requirements may be modified or waived, where
appropriate.
(Ord. 2368 §59, 2012; Ord. 1795 §2 (part), 1997)
18.56.135 Electric Vehicle Charging Station Spaces
A. Applicability_ -_Regulations are applicable to all parking
lots or garages, except those that include restricted electric vehicle
charging stations.
B. Number of stations: -_No minimum number of charging
station spaces is required.
C. Minimum Parking Requirements_ -_An electric vehicle
charging station space may be included in the calculation for
minimum required parking spaces that are required pursuant to
other sections of this chapter.
D. Location and Design Criteria:a—The provision of
electric vehicle parking will vary based on the design and use of
the primary parking lot. -_The following required and additional
locational and design criteria are provided in recognition of the
various parking lot layout options.
1. Where provided, parking for electric vehicle charging
purposes is required to include the following:
a. Signage_-_Each charging station space shall be
posted with signage indicating the space is only for electric vehicle
charging purposes. -_Days and hours of operation shall be included
if time limits or tow away provisions are to be enforced. Refer to
the Manual on Uniform Traffic Control Devices for electric vehicle
and parking signs.
Electric Vehicle Parking Sign Examples:
•
ELECTRIC
VEHICLE
CHARGING
STATION
•
— 12"x12"
EXCEPT FOR
ELECTRIC
VEHICLE
CHARGING
— 12" x 18"
HOURI
CHARGING
7AM TO6PM
12" x 18"
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TITLE 18 - ZONING
b. Maintenance_: Charging station equipment shall
be maintained in all respects, including the functioning of the
charging equipment. —_A telephone number or other contact
information shall be provided on the charging station equipment for
reporting when the equipment is not functioning or when other
problems are encountered.
c. Accessibilit jy. _Where charging station
equipment is provided within an adjacent pedestrian circulation
area, such as a sidewalk or accessible route to the building
entrance, the charging equipment shall be located so as not to
interfere with accessibility requirements of WAC 51-50-005.
d. Lighting: -Where charging station equipment is
installed, adequate site lighting shall exist, unless charging is
allowed during daytime hours only.
2. Charging station spaces for electric vehicles should
also consider the following signage information:
a. Information on the charging station, identifying
voltage and amperage levels and any time of use, fees, or safety
information.
b. Installation of directional signs at the parking lot
entrance and at appropriate decision points to effectively guide
motorists to the charging station space(s).-_Refer to the Manual on
Uniform Traffic Control Devices for electric vehicle and directional
signs.
Directional Sign Examples:
ELECTRIC
VEHICLE
CHARGING
STATION
- 12" x 12"
- _ 12" x 6"
{Ord. 2324 §13, 2011 }
- 12"x12"
- -12"x6"
18.56.140 Administrative Variance from Parking
Standards
A. General:
1. A Type 2 request for an administrative variance from
required parking standards must be received prior to any issuance
of building or engineering permits. Administrative variances are
only eligible for requests for reductions of required parking between
1% and 10%. Requests for reductions from minimum parking
standards in excess of 10% must be made to the Hearing
Examiner.
2. The project developer shall present all findings to the
Director prior to any final approvals, including design review,
conditional use permit review, building review or any other permit
reviews required by the Director.
B. Criteria:
1. All requests for reductions in parking shall be
reviewed under the criteria established in this section.
2. In addition to the following requirements, the Director
may require specific measures not listed to ensure that all impacts
with reduced parking are mitigated. Any spillover parking which
cannot be mitigated to the satisfaction of the Director will serve as
the basis for denial. A reduction may be allowed, pursuant to either
an administrative variance or requests to the Hearing Examiner,
after:
a. All shared parking strategies are explored.
b. On -site park and ride opportunities are fully
explored.
c. The site is in compliance with the City's commute
trip reduction ordinance or, if not an affected employer as defined
by the City's ordinance, agrees to become affected.
d. The site is at least 300 feet away from a single-
family residential zone.
e. A report is submitted providing a basis for less
parking and mitigation necessary to offset any negative effects.
C. Process:
1. An applicant shall submit evidence that decreased
parking will not have a negative impact on surrounding properties
or potential future uses. This may take the form of a brief report for
administrative variances. Decreases in excess of 10% must be
made to the Hearing Examiner. The Director may require additional
studies to ensure that negative impacts are properly mitigated. A
complete and detailed Parking Demand Study is required for
requests reviewed by the Hearing Examiner.
2. All site characteristics should be described in the
report, including:
a. Site accessibility for transit.
b. Site proximity to transit, with 15- to 30-minute
headways.
c. Shared use of on -site parking.
d. Shared use of off -site parking.
e. Combined on -site parking.
f. Employee density.
g. Adjacent land uses.
D. Review: —_Applications for administrative variances for
reductions below minimum parking requirements between 1 % and
10% shall be processed as Type 2 decisions, pursuant to TMC
Section 18.108.020. Applications for reductions from minimum
parking requirements in excess of 10% shall be processed
pursuant to TMC 18.104.as Typo 3 decisions, pursuant to TMC
Section 18.108.030, including a hearing before the _Hearing
Examiner.
(Ord. 2368 §60, 2012; Ord. 1795 §2 (part), 1997)
Prgded by the City of Tukwila, City Clerk's Office
Page 18-221
TITLE 18 — ZONING
CHAPTER 18.58
WIRELESS COMMUNICATION FACILITIES
Sections:
18.58.010
18.58.020
18.58.030
18.58.040
18.58.050
18.58.060
18.58.070
18.58.080
18.58.090
18.58.100
18.58.110
18.58.120
18.58.130
18.58.140
18.58.150
18.58.160
Purpose
Authority and Application
Exemptions
Definitions
General Provisions
Macro Facilities
New Towers
Removal of Abandoned Wireless Communication
Facilities
Eligible Facilities Requests
Small Wireless Facility Application Process
Small Wireless Facility Application Requirements
Small Wireless Facility Review Criteria and Process
Small Wireless Facility Permit Requirements
Small Wireless Facility Modification
Decorative Poles
Small Wireless Facility Aesthetic, Concealment, and
Design Standards
18.58.010 Purpose
A. The purpose of this Chapter, in addition to implementing
the general purposes of the Comprehensive Plan and development
regulations, is to regulate the permitting, placement, construction,
and modification of wireless communication facilities, in order to
protect the health, safety and welfare of the public, while not
unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the City. The purpose
of this Chapter will be achieved through adherence to the following
objectives:
1. Establish clear and nondiscriminatory local
regulations concerning telecommunications providers and services
that are consistent with Federal and State laws and regulations
pertaining to telecommunications providers;
2. Protect residential areas and land uses from potential
adverse impacts that wireless communication facilities might
create, including but not limited to impacts on aesthetics,
environmentally sensitive areas, historically significant locations,
and flight corridors;
3. Minimize potential adverse visual, aesthetic, and
safety impacts of wireless communication facilities;
4. Establish objective standards for the placement of
wireless communications facilities;
5. Ensure that such standards allow competition and do
not unreasonably discriminate among providers of functionally
equivalent services;
6. Encourage the location or attachment of multiple
facilities within or on existing structures to help minimize the total
number and impact of such facilities throughout the community;
7. Require cooperation between competitors and, as a
primary option, joint use of new and existing towers, tower sites
and suitable structures to the greatest extent possible, in order to
reduce cumulative negative impact upon the City;
8. Encourage wireless communication facilities to be
configured in a way that minimizes the adverse visual impact of the
wireless communication facilities, as viewed from different vantage
points, through careful design, landscape screening, minimal
impact siting options and camouflaging techniques, and through
assessment of the carrier's service objective, current location
options, siting, future available locations, and innovative siting
techniques;
9. Enhance the ability of the wireless communications
facility providers to provide such services to the community quickly,
effectively and efficiently;
10. Provide for the removal of wireless communication
facilities that are abandoned or no longer inspected for safety
concerns and Building Code compliance, and provide a
mechanism for the City to cause these abandoned wireless
communication facilities to be removed, to protect the citizens from
imminent harm and danger.
B. In furtherance of these objectives, the City shall give due
consideration to the Comprehensive Land Use Plan, zoning code,
existing land uses, and environmentally sensitive areas in
approving sites for the location of communication towers and
antennas.
C. These objectives were developed to protect the public
health, safety and welfare, to protect property values, and to
minimize visual impact, while furthering the development of
enhanced telecommunication services in the City. —_The provisions
of this Chapter are not intended to and shall not be interpreted to
prohibit or to have the effect of prohibiting personal wireless
services. —_This Chapter shall not be applied in such a manner as
to unreasonably discriminate between providers of functionally
equivalent personal wireless services or to prohibit or have the
effect of prohibiting wireless service within the City.
D. To the extent that any provision of this Chapter is
inconsistent or conflicts with any other City ordinance, this Chapter
shall control. Otherwise, this Chapter shall be construed
consistently with the other provisions and regulations of the City.
(Ord. 2660 §6, 2021; Ord. 2135 §1 (part), 2006)
18.58.020 Authority and Application
A. The provisions of this Chapter shall apply to the
placement, construction or modification of all wireless
communication facilities, except as specifically exempted in TMC
Section 18.58.030.—_Any person who desires to locate a wireless
communication facility inside or outside the right-of-way, which is
not specifically exempted by TMC Section 18.58.030, shall comply
with the applicable application permitting requirements, and design
and aesthetic regulations described in this Chapter. —_In addition,
applicants for wireless communication facilities inside the City's
right-of-way must also obtain a franchise pursuant to TMC Chapter
11.32.
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18.58.030 Exemptions
A. The provisions of this Chapter shall not apply to the
following:
1. Routine maintenance and repair of wireless
communication facilities (excluding structural work or changes in
height or dimensions of support structures or buildings); provided
that the wireless communication facilities received approval from
the City for the original placement and construction and provided
further that compliance with the standards of this code is
maintained and right -of -use permit obtained if the wireless
communication facility is located in the right-of-way.
2. Changing or adding additional antennas within a
previously permitted concealed building -mounted installation is
exempt provided there is no visible change from the outside.
3. Bird exclusionary devices.
4. Additional ground equipment placed within an
approved equipment enclosure, provided the height of the
equipment does not extend above the screening fence.
5. An antenna that is designed to receive or send direct
broadcast satellite service and/or broadband signals, or other
means for providing internet service including direct -to -home
satellite services, and that is 1 meter or less in diameter or diagonal
measurement, and when the antenna is attached to the residence
or business that is utilizing the service.
6. An antenna that is designed to receive video
programming services via multipoint distribution services, including
multi -channel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services,
and that is 1 meter or less in diameter or diagonal measurement.
7. An antenna that is designed to receive television
broadcast signals.
8. Antennas for the receiving and sending of amateur
radio devices or ham radios, provided that the antennas meet the
height requirements of the applicable zoning district, and are
owned and operated by a Federally -licensed amateur radio station
operator or are used exclusively for receive -only antennas and
provided further that compliance with the standards of this code is
maintained.
9. Emergency communications equipment during a
declared public emergency, when the equipment is owned and
operated by an appropriate public entity.
10. Any wireless communication facility that is owned
and operated by a government entity, for public safety radio
systems, ham radio and business radio systems.
11. Antennas and related equipment no more than 3 feet
in height that are being stored or displayed for sale.
12. Radar systems for military and civilian
communication and navigation.
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TITLE 18 — ZONING
13. Automated meter reading ("AMR") facilities for
collecting utility meter data for use in the sale of utility services,
except for WIP and other antennas greater than two feet in length,
so long as the AMR facilities are within the scope of activities
permitted under a valid franchise agreement between the utility
service provider and the City.
14. Eligible facilities requests. —_See TMC Section
18.58.090.
{Ord. 2660; §8, 2021; Ord. 2135 §1 (part), 2006)
18.58.040 Definitions
A. For the purposes of this Chapter, the following terms shall
have the meaning ascribed to them below.
1. "Antenna(s)" in the context of small wireless
facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b)
means an apparatus designed for the purpose of emitting
radiofrequency ("RF") radiation, to be operated or operating from a
fixed location pursuant to FCC authorization, for the provision of
personal wireless and any commingled information services. For
the purposes of this definition, the term "antenna" does not include
an unintentional radiator, mobile station, or device authorized by
47 CFR Title 15.
2. "Antenna equipment," consistent with 47 CFR
1.1320(d), means equipment, switches, wiring, cabling, power
sources, shelters, or cabinets associated with an antenna, located
at the same fixed location as the antenna, and when collocated on
a structure, are mounted or installed at the same time as the
antenna.
3. "Applicant" means any person submitting an
application for a wireless communication facility permit pursuant to
this Chapter.
4. "Colocation" means:
a. Mounting or installing an antenna facility on a
preexisting structure; and/or
b. Modifying a structure for the purpose of mounting
or installing an antenna facility on that structure.
5. "Director" means the Department of Community
Development Director or designee.
6. "Equipment enclosure" means a facility, shelter,
cabinet, or vault used to house and protect electronic or other
associated equipment necessary for processing wireless
communication signals. _"Associated equipment" may include, for
example, air conditioning, backup power supplies, and emergency
generators.
7. "FCC" or "Federal Communications
Commission" means the federal administrative agency, or lawful
successor, authorized to regulate and oversee
telecommunications carriers, services and providers on a national
level.
8. "Macro Facility" means a large wireless
communication facility that provides radio frequency coverage for
wireless services. _Generally, macro facility antennas are mounted
on ground -based towers, rooftops and other existing structures, at
a height that provides a clear view over the surrounding buildings
and terrain. —_Macro wireless communication facilities (WCF)
typically contain antennas that are greater than three cubic feet per
antenna and typically cover large geographic areas with relatively
high capacity and may be capable of hosting multiple wireless
service providers. —_Macro facilities include but are not limited to
monopoles, lattice towers, macro cells, roof -mounted and panel
antennas, and other similar facilities.
9. "Permittee" means a person who has applied for
and received a wireless communication facility permit pursuant to
this Chapter.
10. "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common carrier
wireless exchange access services.
11. "Person" includes corporations, companies,
associations, joint stock companies, firms, partnerships, limited
liability companies, other entities, and individuals.
12. "Service provider" shall be defined in accord with
RCW 35.99.010(6). "Service provider" shall include those
infrastructure companies that provide telecommunications services
or equipment to enable the construction of wireless communication
facilities.
13. "Small wireless facility" shall be defined as
provided in 47 CFR 1.6002(1).
14. "Stealth Technique" means stealth techniques
specifically designated as such at the time of the original approval
of the wireless communication facility for the purposes of rendering
the appearance of the wireless communication facility as
something fundamentally different than a wireless communication
facility including, but not limited to, the use of nonreflective
materials, appropriate colors, and/or a concealment canister.
15. "Structure" means a pole, tower, base station, or
other building, whether or not it has an existing antenna equipment,
that is used or to be used for the provision of personal wireless
service (on its own or commingled with other types of services).
16. "Telecommunications service" shall be defined in
accord with RCW 35.99.010(7).
17. "Tower" means any structure built for the sole or
primary purpose of supporting any FCC -licensed or authorized
antennas and their associated facilities, including structures that
are constructed for wireless communication services including, but
not limited to, private, broadcast, and public safety services, as well
as unlicensed wireless services, and fixed wireless services such
as microwave backhaul and the associated site.
18. "Traffic signal pole" means any structure designed
and used primarily for support of traffic signal displays and
equipment, whether for vehicular or nonmotorized users.
19. "Transmission equipment" means equipment that
facilitates transmission for any FCC -licensed or authorized
wireless communication service, including, but not limited to, radio
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TITLE 18 — ZONING
transceivers, antennas, coaxial or fiber-optic cable, and regular
and backup power supply. —_The term includes equipment
associated with wireless communication services including, but not
limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as
microwave backhaul.
20. "Unified enclosure" means a small wireless facility
providing concealment of antennas and equipment within a single
enclosure.
21. "Utility pole" means a structure designed and used
primarily for the support of electrical wires, telephone wires,
television cable, or lighting for streets, parking lots, or pedestrian
paths.
22. "Wireless communication facilities" or "WCF"
means facilities used for personal wireless services.
23. "Wireline" means services provided using a
physically tangible means of transmission including, without
limitation, wire or cable, and the apparatus used for such
transmission.
(Ord. 2660, §9, 2021)
18.58.050 General Provisions
A. No person may place, construct or modify a wireless
communication facility subject to this Chapter without first having
in place a permit issued in accordance with this Chapter. —_Except
as otherwise provided herein, the requirements of TMC Chaptcrs
18.100, TMC 18.104 and TMC 18.108 do not apply to this TMC
Chapter 18.58.
B. Macro facilities, as defined in TMC Section 18.58.040, are
allowed in zones consistent with TMC Section 18.58.060.F and
require a macro facility permit pursuant to TMC Section 18.58.020.
C. Small wireless facilities, as defined in TMC Section
18.58.040, are permitted uses throughout the City but still require
a small wireless facility permit pursuant to TMC Section 18.58.020.
Small wireless facilities located within the City's rights -of -way
require a valid franchise.
D. No provision of this Chapter shall be interpreted to allow
the installation of a wireless communication facility to reduce the
minimum parking or landscaping on a site.
E. Applicants use various methodologies and analyses,
including geographically -based computer software, to determine
the specific technical parameters of the services to be provided
utilizing the proposed wireless communication facilities, such as
expected coverage area, antenna configuration, capacity, and
topographic constraints that affect signal paths. —_In certain
instances, a third party expert may be needed to review the
engineering and technical data submitted by an applicant for a
permit. —_The City may at its discretion require an engineering and
technical review as part of a permitting process. —_The reasonable
costs actually incurred by the City for such technical review shall
be borne by the applicant, provided that the City provides to the
applicant an itemized accounting of the costs actually charged by
said third party reviewer and incurred by the City.
F. Appeals_— _Appeals related to wireless communication
facilities shall be filed in King County Superior Court or in a court
of competent jurisdiction.
G. Permit Revocation — Suspension — Denial_— A permit
issued under this Chapter may be revoked, suspended or denied
for any one or more of the following reasons:
1. Failure to comply with any federal, state, or local laws
or regulations.
2. Failure to comply with the terms and conditions
imposed by the City on the issuance of a permit.
3. When the permit was procured by fraud, false
representation, or omission of material facts.
4. Failure to comply with federal standards for RF
emissions.
(Ord. 2660 §10, 2021; Ord. 2251 §68, 2009;Ord. 2135 §1
18.58.060 Macro Facilities
In order to manage the City in a thoughtful manner that
balances the need to accommodate new and evolving
technologies with the preservation of the natural and aesthetic
environment of the City, the City of Tukwila has adopted this
administrative process for the deployment of macro facilities.
Applicants are encouraged and expected to provide all related
applications listed in TMC Section 18.58.060.A for each facility in
one submittal unless they have already obtained a franchise or
lease.
A. Required applications_ —_The Director is authorized to
establish application forms to gather the information required by
City ordinances from applicants.
1. Franchise:.— If any portion of the applicant's facilities
are to be located in the right-of-way, the applicant shall apply for,
and receive, a franchise consistent with TMC Chapter 11.32.— An
applicant with a franchise for the deployment of macro facilities in
the City may apply directly for a macro facility permit and related
approvals.
2. Macro Facility Permits_: The applicant shall submit
a macro facility permit application as required by TMC Section
18.58.020.—_Prior to the issuance of a macro facility permit, the
applicant shall pay a permit fee in an amount in accordance with
the fee schedule adopted by resolution of the City Council, or the
actual costs incurred by the City in reviewing such permit
application.
3. Associated Permit(s) and Checklist(s)_—_The
applicant shall attach all associated required permit applications
including, but not limited to, applications required under TMC
Chapter 11.08, and applications or check lists required under the
City's Critical Areas, Shoreline or SEPA ordinances.
Prged by the City of Tukwila, City Clerk's Office
Page 18-225
TITLE 18 - ZONING
4. Leases_: An applicant who desires to place a macro
facility on City property outside the right-of-way or attach a macro
facility to any structure owned by the City shall include an
application for a lease as a component of its application. Leases
for the use of public property, structures, or facilities shall be
submitted to the City Council for approval.
B. Macro facility Aapplications requirement,
1. A pre -application meeting is encouraged prior to
submitting an application for a macro facility permit.
2. The following information shall be provided by all
applicants for a macro facility permit:
a. The name, address, phone number and
authorized signature on behalf of the applicant.
b. If the proposed site is not owned by thc City, the
name, address and phone number of the owner and a signed
document or lease confirming that the applicant has the owner's
permission to apply for permits to construct the macro facility.
c. A statement identifying the nature and operation
of the macro facility.
d. A vicinity sketch showing the relationship of the
proposed use to existing streets, structures and surrounding land
critical areas or other significant natural or manmade features.
c. Construction drawings as well as a plan of the
proposed use showing proposed streets, structures, land uses,
open spaces, parking areas, fencing, pedestrian paths and trails,
buffers, and landscaping, along with text identifying the proposed
use(s) of each structure or area included on the plan.
f. Photo simulations of the proposed macro facility
from public rights of way, public properties and affected
residentially zoned properties. Photo simulations must include all
cable, conduit and/or ground mounted equipment necessary for
and intended for use in thc deployment regardless of whether the
additional facilities arc to be constructed by a third party.
g. A sworn affidavit signed by an RF engineer with
knowledge of the proposed project affirming that the macro facility
will be compliant with all FCC and other governmental regulations
in connection with human exposure to radio frequency emissions
for every frequency at which the facility will operate. If facilities that
generate RF radiation necessary to thc macro facility arc to be
provided by a third party, then the permit shall be conditioned on
an RF certification showing the cumulative impact of the RF
emissions on thc entire installation.
h. Information necessary to demonstrate the
applicant's compliance with FCC rules, regulations and
requirements that are applicable to the proposed macro facility.
i. If not proposing a collocation, then documentation
showing that the applicant has made a reasonable attempt to find
a collocation site acceptable to engineering standards and that
collocating was not technically feasible, or that it was not financially
feasible based on commercially reasonable efforts, or that it posed
a physical problem.
j. Information sufficient to establish compliance with
TMC Sections 18.58.060.F and TMC 18.58.060.G.
k. If proposing a new monopole/tower, information
sufficient to establish compliance with TMC Section 18.58.070.B.
I. Such additional information as deemed necessary by
the Director for proper review of the application and which is
sufficient to enable the Director to make a fully informed decision
pursuant to the requirements of this Chapter.Applications for
macro facilities shall comply with all requirements of TMC 18.104.
C. Macro facility permit review procedures.
1. Completeness. An application for a macro facility is
not complete until thc applicant has submitted all thc applicable
items required by TMC Section 18.58.060.B and to the extent
relevant, has submitted all the applicable items in TMC Section
18.58.060.A and the City has confirmed that the application is
complete.
32. Public Notice: —_The City shall provide notice of a
complete application for a macro facility permit on the City's
website with a link to the application. -_Prior to construction, the
applicant shall provide notice of construction to all impacted
property owners within 100 feet of any proposed wireless facility
via a doorhanger that shall include an email contact and telephone
number for the applicant. -_Notice is for the public's information and
is not a part of a hearing or part of the land use appeal process.
3. Review.-: -The Director shall review the application
for conformance with the application requirements in this Chapter
and specifically the review criteria in TMC Section 18.58.060.CD to
determine whether the application is consistent with this Chapter.
54. Decision: —_The Director shall issue a decision in
writing. -_The Director may grant a permit, grant the permit with
conditions pursuant to this chapter and the code, or deny the
permit.
a. Any condition reasonably required to enable the
proposed use to meet the standards of this chapter and code may
be imposed.
b. If no reasonable condition(s) can be imposed that
ensure the application meets such requirements, the application
shall be denied.
c. The Director's decision is final.
CD. Macro Facility Review Criteria_:
1. No application for a macro facility may be approved
unless all of the following criteria, as applicable, are satisfied:
a. The proposed use will be served by adequate
public facilities including roads, and fire protection.
b. The proposed use will not be materially
detrimental to uses or property in the immediate vicinity of the
subject property and will not materially disturb persons in the use
and enjoyment of their property.
c. The proposed use will not be materially
detrimental to the public health, safety and welfare.
d. The proposed use complies with this Chapter and
all other applicable provisions of this code.
2. The Director shall review the application for
conformance with the following criteria:
Produced by the City of Tukwila, City Clerk's Office
Page 18-22g61
TITLE 18 — ZONING
a. Compliance with prioritized locations pursuant to
TMC Section 18.58.060.F.
b. Compliance with development standards
pursuant to TMC Section 18.58.060.G.
DE. Macro Facility Permit Requirements_:
1. The permittee shall comply with all of the
requirements within the macro facility permit.
2. The permittee shall allow collocation of proposed
macro facilities on the permittees' site, unless the permittee
demonstrates that collocation will impair the technical operation of
the existing macro facilities to a substantial degree.
3. The permittee shall notify the City of any sale,
transfer, assignment of a macro facility within 60 days of such
event.
4. All installations of macro facilities shall comply with
any governing construction or electrical code including the National
Electrical Safety Code, the National Electric Code or state electrical
code, as applicable.
5. A macro facility permit issued under this chapter must
be substantially implemented within 24 months from the date of
final approval or the permit shall expire. —_The permittee may
request one extension to be limited to 12 months, if the applicant
cannot construct the macro facility within the original 24-month
period.
6. Site Safety and Maintenance_: The permittee shall
maintain the macro facilities in safe and working condition.— The
permittee shall be responsible for the removal of any graffiti or
other vandalism and shall keep the site neat and orderly including,
but not limited to, following any maintenance or modifications on
the site.
EF. Macro Facility Location Hierarchy_ —_Macro facilities
shall be located in the following prioritized order of preference:
1. Collocated on existing macro facility(ies) or another
existing public facility/utility facility (i.e., an existing or replacement
utility pole or an existing monopole/tower).
2. Collocated on existing buildings and structures
located in nonresidential zones.
3. Collocated on existing building and structures in
residential zones not used for single-family residential uses (e.g.
religious facility or public facility, or multi -family building).
4. New monopole/tower proposed in an industrial,
commercial, or business zone district, where the sole purpose is
for wireless communication facilities; provided that approval for
new monopole/tower is given pursuant to TMC Section 18.58.070.
Said monopole/tower shall be the minimum height necessary to
serve the target area but in no event may it exceed the height
requirements of the underlying zoning district by more than 10 feet;
however, the monopole/tower shall be designed to allow
extensions to accommodate the future collocation of additional
antennas and support equipment. —_Further, the monopole/tower
shall comply with the setback requirements of the commercial or
business zone districts, as applicable. —_In no case shall the
monopole/tower be of a height that requires illumination by the
Federal Aviation Administration (FAA).
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-227
TITLE 18 — ZONING
5. New monopole/tower proposed in a residential zone
district, where the sole purpose is for wireless communications, but
only if the applicant can establish that the monopole/tower cannot
be collocated on an existing facility or structure and receives
approval pursuant to TMC Section 18.58.070.—_Further, the
proposed monopole/tower shall be no higher than the minimum
height necessary to serve the target area but in no event may it
exceed the height requirements of the underlying zoning district by
more than 10 feet; however, the structure shall be designed to
allow extensions to accommodate the future collocation of
additional antennas and support equipment. —_In no case shall the
antenna be of a height that requires illumination by the FAA.
FG. Macro Facility Design and Concealment Standards::
All macro facilities shall be constructed or installed according to the
following standards:
1. Macro facilities must comply with applicable FCC,
Federal Aviation Administration (FAA), state, and City regulations
and standards.
2. Antennas shall be located, mounted and designed so
that visual and aesthetic impacts upon surrounding land uses and
structures are minimized, and so they blend into the existing
environment.
3. Macro facilities must be screened or camouflaged
employing the best available techniques, such as compatible
materials, non -glare paint, location, color, artificial trees and hollow
flagpoles, and other tactics to minimize visibility of the facility from
public streets and residential properties.
a. Macro facilities shall be designed and placed or
installed on a site in a manner that takes maximum advantage of
existing trees, mature vegetation, and structures by:
(1) Using existing site features to screen the
macro facility from residential properties and the right-of-way; and
(2) Using existing or new site features as a
background in a way that helps the macro facility blend into the
background.
b. As a condition of permit approval, the City may
require the applicant to supplement existing trees and mature
vegetation within its screened area to screen the facility.
c. A macro facility shall be painted either in a
nonreflective color or in a color scheme appropriate to the
background against which the macro facility would be viewed from
a majority of points within its viewshed, and in either case the color
must be approved by the City as part of permit approval.
d. Macro facilities may be subject to additional
screening requirements by the Director to mitigate visual impacts
to adjoining properties or public right-of-way as determined by site -
specific conditions.
4. If proposing to locate on a building, the macro facility
shall meet the height requirements of the underlying zoning
category; provided the macro facility may exceed the height
requirements by 10 feet so long as the macro facility is shrouded
or screened.
5. If proposing to locate on a replacement utility pole,
the height of the replacement pole shall not exceed 15 feet taller
than the existing pole and may not be greater than 50 feet tall in
residential zones unless the applicant demonstrates in writing that
an additional height increase is required for vertical clearance
separation and it is the minimum extension possible to provide
sufficient separation. —_Within all other zones, the height of the
replacement utility pole shall not exceed 10 feet taller than the
height requirements of the underlying zone.
6. The use of a utility pole for siting of a macro facility
shall be considered secondary to the primary function of the pole.
If the primary function of the pole serving as the host site of the
macro facility becomes unnecessary, the pole shall not be retained
for the sole purpose of accommodating the macro facility and the
macro facility and all associated equipment shall be removed.
7. Equipment facilities shall be placed underground if
feasible, or, if permitted above ground, shall:
a. Be screened from any street and adjacent
property with fencing, walls, landscaping, structures or topography
or a combination thereof or placed within a building; and
b. Not be located within required building setback
areas.
8. If a security barrier is installed that includes a fence,
wall or similar freestanding structure, the following shall apply:
a. The height of the barrier shall be restricted by the
height limitations in the zoning district. The height is measured from
the point of existing or finished grade, whichever is lower at the
exterior side of the barrier to the highest point of the barrier.
b. Be screened from adjoining properties and City
right-of-way through the use of appropriate landscaping materials
including:
(1) Placement of landscape vegetation around
the perimeter of the security barrier, except that a maximum 10-
foot portion of the fence may remain without landscaping in order
to provide access to the enclosure.
(2) The landscaping area shall be a minimum
of 5 feet in width.
(3) The permittee shall utilize evergreen plants
that shall be a minimum of 6 feet tall at the time of planting and
shall obscure the site within 2 years.
(4) Landscaping and the design of the barrier
shall be compatible with other nearby landscaping, fencing and
freestanding walls.
(5) If a chain link fence is allowed in the zone
district, it shall be green vinyl slats.
Produced by the City of Tukwila, City Clerk's Office
Page 18-22§63
TITLE 18 — ZONING
9. Sufficient space for temporary parking for regular
maintenance of the proposed macro facility must be demonstrated.
10. Macro facilities may not:-_(i) produce noise in excess
of the limitation set forth in TMC Chapter 6.04; and (ii) be used for
mounting signs, billboards or message displays of any kind.
11. The Director shall consider the cumulative visual
effects of macro facilities mounted on existing structures and/or
located on a given permitted site in determining whether the
additional permits can be granted so as to not adversely affect the
visual character of the City.
(Ord. 2660 §11, 2021; Ord. 2251 §69, 2009;
Ord. 2135 §1 (part), 2006)
18.58.070 New Towers
A. Applicability_ -_Any application for a new macro facility
tower shall be reviewed, and approved or denied, by the Hearing
Examiner as a Type 3 decision pursuant to TMC Section
18.108.030104.
B. Review Criteria_ -_The Hearing Examiner shall review
the application to construct a new macro facility tower, and shall
determine whether each of the following requirements are met:
1. That collocation is not feasible because:
a. Existing structures or towers do not have
sufficient structural strength to support the applicant's proposed
antenna and ancillary facilities;
b. The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing
towers or structures, or the antenna on the existing structures
would cause interference with the applicant's proposed antenna;
c. The fees, costs or contractual provisions required
by the owner or operator in order to share an existing tower or
structure, or to locate at an alternative site, or to adapt an existing
tower or structure or alternative site for sharing, are unreasonable.
Costs exceeding new tower construction by 25% are presumed to
be unreasonable; or
d. The applicant demonstrates other limiting factors
that render existing towers and structures or other sites unsuitable.
All engineering evidence must be provided and certified by a
registered and qualified professional engineer and clearly
demonstrate the evidence required.
2. The proposed tower meets all applicable design
standards in TMC Section 18.58.060.
3. Where the proposed tower does not comply with the
requirements of this Chapter, the applicant has successfully
demonstrated that denial of the application would effectively
prohibit the provision of service in violation of 47 USC 253 and/or
332.
C. Determination:: The Hearing Examiner, after holding an
open public hearing in accordance with TMC Chapter 18.112, shall
either approve, approve with conditions, or deny the application.
{Ord. 2660 §12, 2021; Ord. 2251 §70, 2009;
Ord. 2135 §1 (part), 2006)
18.58.080 Removal of Abandoned Wireless
Communication Facilities
A. Any wireless communication facility that, after the initial
operation of the facility, is not used for the purpose for which it was
intended at the time of filing of the application for a continuous
period of 12 months shall be considered abandoned, and the
owner of such facility shall remove same within 90 days of receipt
of notice from the City notifying the owner of such abandonment.
Failure to remove such abandoned facility shall result in declaring
the facility a public nuisance. -_If there are two or more users of a
single tower, then this section shall not become effective until all
users cease using the tower.
(Ord. 2660 §24, 2021; Ord. 2135 §1 (part), 2006)
18.58.090 Eligible Facilities Requests
A. Under 47 USC 1455 and relevant FCC regulations (see
47 CFR §1.6100), a local jurisdiction must approve a modification
of a wireless facility qualifying as an eligible facility request.
Accordingly, the City adopts the following provisions for review of
applications for eligible facility requests as defined by this chapter
and federal law.
B. Definitions:
1. "Base station "shall mean and refer to the structure
or equipment at a fixed location that enables wireless
communications licensed or authorized by the FCC, between user
equipment and a communications network. -_The term does not
encompass a tower as defined in this chapter or any equipment
associated with a tower.- Base station includes without limitation:
a. Equipment associated with wireless
communications services regardless of technological configuration
(including Distributed Antenna Systems ("DAS") and small wireless
facilities).
b. Radio transceivers, antennas, coaxial or fiber-
optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including
DAS and small wireless facilities).
c. Any structure other than a tower that, at the time
an eligible facilities modification application is filed with the City
under this chapter, supports or houses equipment described in
subparagraphs (a) and (b) of TMC Section 18.58.090.B, and that
has been reviewed and approved under the applicable zoning or
siting process, or under another State, county or local regulatory
review process, even if the structure was not built for the sole or
primary purpose of providing such support.
d. The term does not include any structure that, at
the time a completed eligible facilities modification application is
filed with the City under this section, does not support or house
equipment described in subparagraphs (a) and (b) of TMC Section
18.58.090.B.
2. "Colocation"shall mean the mounting or installing of
transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for
communication purposes.
Prgjced by the City of Tukwila, City Clerk's Office
Page 18-229
TITLE 18 — ZONING
3. "Eligible facilities request" shall mean any request for
modification of an existing tower or base station that does not
substantially change the physical dimensions of such tower or base
station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. "Eligible support structure" shall mean and refer to
any existing tower or base station as defined in this chapter
provided it is in existence at the time the eligible facilities
modification application is filed with the City under this chapter.
5. "Existing"shall mean and refer to a constructed tower
or base station that was reviewed and approved under the
applicable zoning or siting process and lawfully constructed;
provided, that a tower that has not been reviewed and approved
because it was not in a zoned area when it was built, but was
lawfully constructed, is existing for purposes of this definition.
6. "Site "shall mean and refer to the current boundaries
of the leased or owned property surrounding a tower (other than a
tower in the public rights -of -way) and any access or utility
easements currently related to the site and, for other eligible
support structures, shall mean and be further restricted to, that
area in proximity to the structure and to other transmission
equipment already deployed on the ground. —_The current
boundaries of a site are the boundaries that existed as of the date
that the original support structure or a modification to that structure
was last reviewed and approved by a state or local government, if
the approval of the modification occurred prior to the Spectrum Act
or otherwise outside of the Section 6409(a) process.
7. "Substantial Change". _A modification will
substantially change the physical dimensions of an eligible support
structure if it meets any of the following criteria:
a. For towers not in the public rights -of -way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater; for
other eligible support structures, it increases the height of the
structure by more than 10% or more than 10 feet, whichever is
greater. -_The separation of antennas is measured by the distance
from the top of the existing antennas to the bottom of the new
antennas.
Changes in height should be measured from the original
support structure in cases where deployments are or will be
separated horizontally, such as on buildings' rooftops; in other
circumstances, changes in height should be measured from the
dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were
approved prior to the passage of the Spectrum Act.
b. For towers not in the public rights -of -way, it
involves adding an appurtenance to the body of the tower that
would protrude from the edge of the tower more than 20 feet, or
more than the width of the tower structure at the level of the
appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by
more than 6 feet.
c. For any eligible support structure, it involves
installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed 4 cabinets;
or, for towers in the public rights -of -way and base stations, it
involves installation of any new equipment cabinets on the ground
if there are no pre-existing ground cabinets associated with the
structure, or else involves installation of ground cabinets that are
more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure.
d. For any eligible support structure:
(1) it entails any excavation or deployment
outside the current site; except that, for towers other than towers
in the public rights -of -way, it entails any excavation or deployment
of transmission equipment outside of the current site by more than
30 feet in any direction. -_The site boundary from which the 30 feet
is measured excludes any access or utility easements currently
related to the site;
(2) it would defeat the concealment elements
of the eligible support structure; or
(3) it does not comply with conditions
associated with the siting approval of the construction or
modification of the eligible support structure or base station
equipment provided, however, that this limitation does not apply to
any modification that is non -compliant only in a manner that would
not exceed the thresholds identified in this section.
8. "Tower" shall mean and refer to any structure built
for the sole or primary purpose of supporting any antennas and
their associated facilities, licensed or authorized by the FCC,
including structures that are constructed for wireless
communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave
backhaul, and the associated site.
9. "Transmission Equipment" shall mean and refer to
equipment that facilitates transmission for any wireless
communication service licensed or authorized by the FCC,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
C. Application.— The Director shall prepare and make
publicly available an application form that shall be limited to the
information necessary for the City to consider whether an
application is an eligible facilities request. _The application may not
require the applicant to demonstrate a need or business case for
the proposed modification.
Produced by the City of Tukwila, City Clerk's Office
Page 18-23365
TITLE 18 — ZONING
D. Qualification As an Eligible Facilities Request_. -_Upon
receipt of an application for an eligible facilities request, the
Director shall review such application to determine whether the
application qualifies as an eligible facilities request.
E. Time Frame for Review. -_Applications for an eligible
facilities request are reviewed by the Director or his/her designee,
who will approve the application within 60 days of the date an
applicant submits an eligible facilities request application, unless
the Director determines that the application does not qualify under
FWRC 19.257.020.
F. Tolling the Time Frame for Review. _The 60-day review
period begins to run when the application is filed and may be tolled
only by mutual agreement by the City and the applicant or in cases
where the City determines that the application is incomplete. -_The
time frame for review of an eligible facilities request is not tolled by
a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the City
shall provide written notice to the applicant within 30 days of receipt
of the application, clearly and specifically delineating all missing
documents or information required in the application and including
a citation to the publicly stated code provision requiring such
information. -_The City recognizes that such a notice is limited to
information "reasonably related" to determining whether the
application meets the "eligible facilities request" requirements.
2. The time frame for review begins running again when
the applicant makes a supplemental submission in response to the
City's notice of incompleteness.
3. Following a supplemental submission, the City will
notify the applicant within 10 days if the supplemental submission
did not provide the information identified in the original notice
delineating missing information. -_The time frame is tolled in the
case of second or subsequent notices pursuant to the procedures
identified in this subsection. -_Second or subsequent notice of
incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
G. Determination That an Application is Not an Eligible
Facilities Request: the the City determines that the applicant's
request does not qualify as an eligible facilities request, the City
shall deny the application.
H. Failure to Act_ -_In the event the City fails to approve or
deny an eligible facilities request within the time frame for review
(accounting for any tolling), the request shall be deemed granted.
The deemed grant does not become effective until the applicant
notifies the City in writing after the review period has expired
(accounting for any tolling) that the application has been deemed
granted.
I. Appeals_ -_Applicants and the City may bring claims
related to Section 6409 (a) of the Spectrum Act, 47 USC 1455(a)
to any court of competent jurisdiction.
r
18.58.100 Small Wireless Facility Application Process
A. Applicability_ —_Any applications for small wireless
facilities either inside or outside of the public right-of-way shall
comply with the application requirements for a small wireless
facility permit described in this Chapter. -_For small wireless
facilities inside the right-of-way, the applicant must also comply
with the requirements pursuant to TMC Chapter 11.32.
B. Completeness :_An application for a small wireless
facility is not complete until the applicant has submitted all the
applicable items required by TMC Section 18.58.110 and, to the
extent relevant, has submitted all the applicable items in TMC
Section 18.58.100.0 and the City has confirmed that the
application is complete. -_Franchisees with a valid franchise for
small wireless facilities may apply for a small wireless permit for
the initial or additional phases of a small wireless facilities
deployment at any time subject to the commencement of a new
completeness review time period for permit processing.
C. Application Components_ -_The Director is authorized
to establish franchise and other application forms to gather the
information required from applicants to evaluate the application
and to determine the completeness of the application as provided
herein.- The application shall include the following components as
applicable:
1. Franchise:.- If any portion of the applicant's facilities
are to be located in the City's right-of-way, the applicant shall apply
for, and receive approval of a franchise, consistent with the
requirements in TMC Chapter 11.32.- An application for a
franchise may be submitted concurrently with an application for a
small wireless facility permit(s).
2. Small Wireless Facility Permit_ -_The applicant
shall submit a small wireless facility permit application as required
in the small wireless facility application requirements established
in TMC Section 18.58.110 and pay the applicable permit fee in
accordance with the fee schedule adopted by resolution of the City
Council and which may be amended by the City Council from time
to time.
3. Associated Application(s) and Checklist(s)_: Any
application for a small wireless permit that contains an element not
categorically exempt from SEPA review shall simultaneously apply
under Chapter RCW 43.21 C RGW-and TMC T+tle-21.-_Further, any
application proposing small wireless facilities in a shoreline area
(pursuant to TMC Chapter 18.44) or an environmentally sensitive
area (pursuant to TMC Chapter 18.45) shall indicate why the
application is exempt or comply with the review processes in such
codes._Applications for small wireless facilities for new poles shall
comply with the requirements in TMC Section 18.58.160.E.
4. Leases_.- An applicant who desires to attach a small
wireless facility on any utility pole, light pole, or other structure or
building owned by the City shall obtain a lease as a component of
its application._ City owned utility poles and the use of other public
property, structures or facilities including, but not limited to any park
land or facility, require City Council approval of a lease or master
lease agreement.
(Ord. 2660 §26, 2021)
Prged by the City of Tukwila, City Clerk's Office
Page 18-231
TITLE 18 — ZONING
18.58.110 Small Wireless Facility Application
Requirements
The following information shall be provided by all applicants
for a small wireless permit.
A. The application shall provide specific locational
information including GIS coordinates of all proposed small
wireless facilities and specify where the small wireless facilities will
utilize existing, replacement or new poles, towers, existing
buildings and/or other structures.— The applicant shall specify
ground -mounted equipment, conduit, junction boxes and fiber and
power connections necessary for and intended for use in the small
wireless facilities system regardless of whether the additional
facilities are to be constructed by the applicant or leased from a
third party. —_The applicant shall provide detailed schematics and
visual renderings of the small wireless facilities, including
engineering and design standards. —_The application shall have
sufficient detail to identify:
1. The location of overhead and, to the extent
applicable, underground public utilities, telecommunication, cable,
water, adjacent lighting, sewer drainage and other lines and
equipment within 50 feet of the proposed project area (which
project area shall include the location of the fiber source and power
source). —_Further, the applicant shall include all existing and
proposed improvements related to the proposed location, including
but not limited to poles, driveways, ADA ramps, equipment
cabinets, street trees and structures within 50 feet of the proposed
project area.
2. The specific trees, structures, improvements,
facilities, lines and equipment, and obstructions, if any, that
applicant proposes to temporarily or permanently remove or
relocate and a landscape plan for protecting, trimming, removing,
replacing, and restoring any trees or significant landscaping to be
disturbed during construction. —_The applicant is discouraged from
cutting/pruning, removing or replacing trees, and if any such tree
modifications are proposed the applicant must comply with
applicable provisions of TMC Chapter 11.20 and TMC Chapter
18.54.
3 The applicant's plan for fiber and power service, all
conduits, cables, wires, handholes, junctions, meters, disconnect
switches and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to
which the applicant is responsible for installing such fiber and
power service, conduits, cables, and related improvements.
Where another party is responsible for installing such fiber and
power service, conduits, cables, and related improvements,
applicant's construction drawings shall include such utilities to the
extent known at the time of application, but at a minimum applicant
must indicate how it expects to obtain power and fiber service to
the small wireless facility.
4. A photometric analysis of the roadway and sidewalk
within 150 feet of the existing light if the site location includes a new
light pole or replacement light pole if in a new location.
5. Compliance with the applicable aesthetic
requirements pursuant to TMC Sections 18.58.150 and 18.58.160.
B. The applicant must show written approval from the owner
of any pole or structure for the installation of its small wireless
facilities on such pole or structure. —_The approval may be
conditional (i.e. that the pole owner approves if the City also
approves). —_Such written approval shall include approval of the
specific pole, engineering and design specifications for the pole, as
well as assurances that the specific pole can withstand wind and
seismic loads as well as assurances in accordance with TMC
Section 18.58.110.F, from the pole owner, unless the pole owner
is the City. —_For City -owned poles or structures, the applicant shall
obtain a lease from the City prior to or concurrent with the small
wireless facility permit application so the City can evaluate the use
of a specific pole.
C. The applicant is encouraged to batch the small wireless
facility sites within an application in a contiguous service area
and/or with similar designs.
D. The applicant shall submit a sworn affidavit signed by a
Radio Frequency (RF) engineer with knowledge of the proposed
project affirming that the small wireless facility will be compliant
with all FCC and other governmental regulations in connection with
human exposure to radio frequency emissions for every frequency
at which the small wireless facility will operate. —_If facilities that
generate RF radiation necessary to the small wireless facility are
to be provided by a third party, then the small wireless permit shall
be conditioned on an RF certification showing the cumulative
impact of the RF emissions from the entire installation. —_The
applicant may provide one emissions report for the entire batch of
small wireless facility applications if the applicant is using the same
small wireless facility configuration for all installations within that
batch or may submit one emissions report for each subgroup
installation identified in the batch.
E. The applicant shall provide proof of FCC or other
regulatory approvals required to provide the service(s) or utilize the
technologies sought to be installed, if such approvals are required.
F. A professional engineer licensed by the State of
Washington shall certify in writing, over his or her seal, that
construction plans of the small wireless facilities and structure or
pole and foundation are designed to reasonably withstand wind
and seismic loads as required by applicable codes.— The Building
Official may accept alternative forms of the structural approval if
the review and calculations are conducted by another agency, such
as the pole owner.
Produced by the City of Tukwila, City Clerk's Office
Page 18-23367
TITLE 18 — ZONING
G. Those elements that are typically contained in the right-
of-way permit pursuant to TMC Chapter 11.08, including a traffic
control plan, to allow the applicant to proceed with the build -out of
the small wireless facility.
H. Proof of a valid City of Tukwila business license.
I. Recognizing that small wireless facility technology is
rapidly evolving, the Director is authorized to adopt and publish
standards for the structural safety of City -owned poles and
structures, and to formulate and publish application questions for
use when an applicant seeks to attach to City -owned poles and
structures.
J. Such other information as the Director, in his/her
reasonable discretion, shall deem appropriate to effectively
evaluate the application based on technical, engineering and
aesthetic considerations.
(Ord. 2660 §27, 2021)
18.58.120 Small Wireless Facility Review Criteria and
Process
A. The following provisions relate to the review of
applications for a small wireless facility permit:
1. In any zone, upon application for a small wireless
permit, the City shall permit small wireless facilities only when the
application meets the applicable criteria of TMC Chapter 18.58.
2. Vertical clearance shall be reviewed by the Director
in accordance with NESC or applicable pole safety codes to ensure
the small wireless facilities will not pose a hazard to other users of
the rights -of -way.
3. Replacement poles, new poles, and ground -mounted
equipment shall only be permitted pursuant to the applicable
standards in TMC Section 18.58.160.
4. No equipment shall be operated so as to produce
noise in violation of TMC Chapter 8.22.
5. Small wireless facilities may not encroach onto or
over private property or property outside of the right-of-way without
the property owner's express written consent pursuant to TMC
Section 18.58.160.A.1.
B. Decision:: All small wireless facility applications shall be
reviewed and approved or denied by the Director. —_The Director's
decision shall be final and is not subject to appeal under City code
or further review by the City.
C. Eligible Facilities Requests_ —_Small wireless facilities
may be expanded pursuant to an eligible facility request so long as
the expansion:
1. does not defeat the specifically designated stealth
techniques; and
2. incorporates the aesthetic elements required as
conditions of approval set forth in the original small wireless facility
approval in a manner consistent with the rights granted an eligible
facility; and
3. does not exceed the conditions of a small wireless
facility as defined by 47 CFR 1.6002(1).
D. Public Notice_ —_The City shall provide notice of a
complete application for a small wireless facility permit on the City's
website with a link to the application. —_Prior to construction, the
applicant shall provide notice of construction to all impacted
property owners within 100 feet of any proposed small wireless
facility via a doorhanger that shall include an email contact and
telephone number for the applicant. —_Notice is for the public's
information and is not a part of a hearing or part of the land use
appeal process.
E. Withdrawal:: Any applicant may withdraw an application
submitted at any time, provided the withdrawal is in writing and
signed by all persons who signed the original application or their
successors in interest.— When a withdrawal is received, the
application shall be deemed null and void. —_If such withdrawal
occurs prior to the Director's decision, then reimbursement of fees
submitted in association with said application shall be reduced to
withhold the amount of actual and objectively reasonable City costs
incurred in processing the application prior to time of withdrawal.
If such withdrawal is not accomplished prior to the Director's
decision, there shall be no refund of all or any portion of such fee.
F. Supplemental Information_ —_Failure of an applicant to
provide supplemental information as requested by the Director
within 90 days of notice by the Director shall be grounds for denial
of that application unless an extension period has been approved
by the Director.— _If no extension period has been approved by the
Director, the Director shall notify the applicant in writing that the
application is denied.
G. Consolidated Permit:.— The issuance of a small wireless
permit grants authority to construct small wireless facilities in the
rights -of -way in a consolidated manner to allow the applicant, in
most situations, to avoid the need to seek duplicative approval by
both the Public Works and the Community Development
departments. The general standards applicable to the use of the
rights -of -way described in TMC Chapter 11.08 shall apply to all
small wireless facility permits.
(Ord. 2660 §28, 2021)
18.58.130 Small Wireless Facility Permit Requirements
A. Permit Compliance_ —_The permittee shall comply with
all of the requirements within the small wireless facility permit.
B. Post -Construction As-Builts:. _Upon request, the
permittee shall provide the City with as-builts of the small wireless
facilities within 30 days after construction of the small wireless
facility, demonstrating compliance with the permit, visual
renderings submitted with the permit application and any site
photographs taken.
C. Construction Time Limit:— Construction of the small
wireless facility must be completed within 12 months after the
approval date by the City. —_The permittee may request one
extension of no more than six months, if the permittee provides an
explanation as to why the small wireless facility cannot be
constructed within the original 12-month period.
D. Site Safety and Maintenance: —_The permittee must
maintain the small wireless facilities in safe and working condition.
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Page 18-233
TITLE 18 - ZONING
The permittee shall be responsible for the removal of any graffiti or
other vandalism of the small wireless facility and shall keep the site
neat and orderly, including but not limited to following any
maintenance or modifications on the site.
E. Operational Activity_ —_The permittee shall commence
operation of the small wireless facility no later than six months after
installation. -_The permittee may request two extensions, each for
an additional six-month period if the permittee can show that such
operational activity is delayed due to inability to connect to
electrical or backhaul facilities.
{Ord. 2660 §29, 2021 }
18.58.140 Small Wireless Facility Modification
A. If a permittee desires to modify their small wireless
facilities, including but not limited to expanding or changing the
antenna type, increasing the equipment enclosure, placing
additional pole -mounted or ground -mounted equipment, or
modifying the stealth techniques, then the permittee shall apply for
a new small wireless permit.
B. A small wireless facility permit shall not be required for
routine maintenance and repair of a small wireless facility within
the rights -of -way, or the replacement of an antenna or equipment
of similar size, weight, and height; provided, that such replacement
does not defeat the stealth techniques used in the original small
wireless facility and does not impact the structural integrity of the
pole. -_Further, a small wireless facility permit shall not be required
for replacing equipment within the equipment enclosure or
reconfiguration of fiber or power to the small wireless facilities.
Right-of-way use permits may be required for such routine
maintenance, repair or replacement consistent with TMC Chapter
11.08.
{Ord. 2660 §30, 2021 }
18.58.150 Decorative Poles
A. The City discourages the use or replacement of certain
decorative poles for small wireless facilities due to the aesthetic
impact to the City's streetscape. =Accordingly, the pedestrian light
pole (herein referred to as "decorative poles"), designated in the
City's Infrastructure Design and Construction Standards Manual,
are discouraged from use or replacement for small wireless
facilities.
B. Applications for small wireless facilities attached to
decorative poles shall comply with TMC Section-18.58.160.F.
(Ord. 2660 §31, 2021)
18.58.160 Small Wireless Facility Aesthetic,
Concealment, and Design Standards
A. All small wireless facilities shall conform with the following
general aesthetic, concealment, and design standards, as
applicable:
1. Except for locations in the right-of-way, small
wireless facilities are prohibited on any property containing a
single-family residential use in a residential zone; provided that
where small wireless facilities are intended to be located more than
400 feet from a right-of-way and within an access easement over
residential property, the location may be allowed if:
a. the applicant affirms they have received an
access easement from the property owner to locate the facility in
the desired location; and
b. the property owner where the facility will be
installed has authority to grant such permission to locate the facility
and related equipment at the designated location pursuant to the
terms of the access easement; and
c. the installation is allowed by, and consistent with,
the access easement; and
d. such installation will not frustrate the purpose of
the easement or create any access or safety issue; and
e. the location is in compliance with all land use
regulations such as, but not limited to, setback requirements.
2. In the event power is later undergrounded in an area
where small wireless facilities are located above ground on utility
poles, the small wireless facilities shall be removed and may be
replaced with a facility meeting the design standards for new poles
in TMC Section 18.58.160.E.
3. Except for electrical meters with prior City approval,
ground -mounted equipment in the rights -of -way is prohibited,
unless such facilities are placed underground, or the applicant can
demonstrate that pole -mounted or undergrounded equipment is
technically infeasible. -if ground -mounted equipment is necessary,
then the applicant shall submit a stealth technique plan
substantially conforming to the applicable standards in TMC
Section 18.58.160.E.3 and comply with the Americans with
Disabilities Act, City construction standards, and state and federal
regulations in order to provide a clear and safe passage within the
public rights -of -way. -_Generators located in the rights -of -way are
prohibited.
4. No signage, message, or identification other than the
manufacturer's identification or signage required by governing law
is allowed to be portrayed on any antenna or equipment enclosure.
Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the
intended purpose (no larger than four by six inches); provided, that
signs may be permitted as stealth technique where appropriate and
safety signage as required by applicable laws, regulations, and
standards is permitted.
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Page 18-23-69
TITLE 18 — ZONING
5. Antennas and related equipment shall not be
illuminated except for security reasons, required by a federal or
state authority, or unless approved as part of the stealth technique
requirements pursuant to TMC Section 18.58.160.E.3.
6. The design standards in this chapter are intended to
be used solely for the purpose of concealment and siting. -_Nothing
contained in this chapter shall be interpreted or applied in a manner
which dictates the use of a particular technology. -_When strict
application of these requirements would render the small wireless
facility technically infeasible or otherwise have the effect of
prohibiting wireless service, alternative forms of aesthetic design
or concealment may be permitted that provide similar or greater
protections from negative visual impacts to the streetscape.
B. General Pole Standards_ -_In addition to complying with
the applicable general standards in TMC Section 18.58.160.A, all
small wireless facilities on any type of utility pole shall conform to
the following general pole design requirements as well as the
applicable pole specific standards:
1. The preferred location of a small wireless facility on
a pole is the location with the least visible impact.
2. The City may consider the cumulative visual effects
of small wireless facilities mounted on poles within the rights -of -
way when assessing proposed siting locations so as to not
adversely affect the visual character of the City. -_This provision
shall neither be applied to limit the number of permits issued when
no alternative sites are reasonably available nor to impose a
technological requirement on the applicant.
3. Small wireless facilities are not permitted on traffic
signal poles unless denial of the siting could be a prohibition or
effective prohibition of the applicant's ability to provide
telecommunications service in violation of 47 USC 253 and 332.
4. Replacement poles and new poles shall comply with
the Americans with Disabilities Act, City construction and sidewalk
clearance standards, City development standards, City
ordinances, and state and federal laws and regulations in order to
provide a clear and safe passage within the rights -of -way. -_Further,
the location of any replacement or new pole must: -_be physically
possible; comply with applicable traffic warrants; not interfere with
utility or safety fixtures (e.g., fire hydrants, traffic control devices);
and not adversely affect the public welfare, health, or safety.
5. Replacement poles shall be located as near as
possible to the existing pole, but in no event further than 10 feet
from the existing pole. -_Compliance with the light standards in the
Tukwila Infrastructure and Construction Standards Manual is
required and the existing pole shall be removed.
6. Side arm mounts for antennas or equipment must be
the minimum extension necessary, and for wooden poles may be
no more than 12 inches off the pole, and for nonwooden poles no
more than six inches off the pole.
7. The use of the pole for the siting of a small wireless
facility shall be considered secondary to the primary function of the
pole. -_If the primary function of a pole serving as the host site for
a small wireless facility becomes unnecessary, the pole shall not
be retained for the sole purpose of accommodating the small
wireless facility and the small wireless facility and all associated
equipment shall be removed.
C. Nonwooden Pole Design Standards:— In addition to
complying with the applicable general standards in TMC Section
18.58.160.A and TMC Section 18.58.160.B, small wireless
facilities attached to existing or replacement nonwooden poles
inside or outside the right-of-way shall conform to the following
design criteria:
1. All replacement poles shall conform to the City's
standard small wireless facility pole design(s) published in the
City's Infrastructure Design and Construction Standards Manual.
The applicant, upon a showing that use or modification of the
standard pole design is either technically or physically infeasible,
or that the modified pole design will not comply with the City's ADA
or sidewalk clearance requirements and/or would violate electrical
or other safety standards, may deviate from the adopted standard
pole design and use the design standards as described in TMC
Section 18.58.160.C., subsections 2 through 8.
2. Antennas and the associated equipment enclosures
(including disconnect switches and other appurtenant devices)
shall be fully concealed within the pole, unless such concealment
is technically infeasible, or is incompatible with the pole design,
then the antennas and associated equipment enclosures must be
camouflaged to appear as an integral part of the pole or flush -
mounted to the pole, meaning no more than six inches off of the
pole, and must be the minimum size necessary for the intended
purpose, not to exceed the volumetric dimensions of small wireless
facilities. -_If the equipment enclosure is permitted on the exterior
of the pole, the applicant is required to place the equipment
enclosure behind any banners or road signs that may be on the
pole; provided, that such location does not interfere with the
operation of the banners or signs, or the small wireless facility.
For purposes of this section, "incompatible with the pole
design" may include a demonstration by the applicant that the
visual impact to the pole or the streetscape would be reduced by
placing the antennas and equipment exterior to the pole.
3. The farthest point of any antenna or equipment
enclosure may not extend more than 28 inches from the face of the
pole.
4. All conduit, cables, wires, and fiber must be routed
internally in the pole. -_Full concealment of all conduit, cables,
wires, and fiber is required within mounting brackets, shrouds,
canisters, or sleeves if attaching to exterior antennas or equipment.
5. An antenna on top of an existing pole may not extend
more than 6 feet above the height of the existing pole and the
diameter may not exceed 16 inches, measured at the top of the
pole, unless the applicant can demonstrate that more space is
needed. -_The antennas shall be integrated into the pole design so
they appear as a continuation of the original pole, including colored
or painted to match the pole, and shall be shrouded or screened to
blend with the pole except for canister antennas, which shall not
require screening. -_To the extent technically feasible, all cabling
and mounting hardware/brackets from the bottom of the antenna
Prgc'yed by the City of Tukwila, City Clerk's Office
Page 18-235
TITLE 18 — ZONING
to the top of the pole shall be fully concealed and integrated with
the pole.
6. Any replacement pole shall substantially conform to
the design of the pole it is replacing (including but not limited to
color, shape and style) or the neighboring pole design standards
utilized within the contiguous right-of-way.
7. The height of any replacement pole and antenna(s)
may not extend more than 10 feet above the height of the existing
pole or the minimum additional height necessary; provided, that the
height of the replacement pole cannot be extended further by
additional antenna height.
8. The diameter of a replacement pole shall comply with
the City's setback and sidewalk clearance requirements and shall,
to the extent technically feasible, not be more than a 25 percent
increase of the existing pole measured at the base of the pole,
unless additional diameter is needed in order to conceal equipment
within the base of the pole.
D. Wooden Pole Design Standards__In addition to
complying with the applicable general standards in TMC Section
18.58.160.A and TMC Section 18.58.160.B, small wireless
facilities attached to existing or replacement wooden utility poles
and other wooden poles inside or outside the right-of-way shall
conform to the following design criteria:
1. The wooden pole at the proposed location may be
replaced with a taller pole for the purpose of accommodating a
small wireless facility; provided, that the replacement pole shall not
exceed a height that is a maximum of 10 feet taller than the existing
pole, unless a further height increase is required and confirmed in
writing by the pole owner and that such height extension is the
minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an
existing pole, but may not increase the height of the existing pole
by more than 10 feet, unless a further height increase is required
and confirmed in writing by the pole owner and that such height
increase is the minimum extension possible to provide sufficient
separation and/or clearance from electrical and wireline facilities.
A "pole extender" as used herein is an object affixed between the
pole and the antenna for the purpose of increasing the height of
the antenna above the pole. —_The pole extender shall be painted
to approximately match the color of the pole and shall substantially
match the diameter of the pole measured at the top of the pole.
3. Replacement wooden poles must either match the
approximate color and materials of the replaced pole or shall be
the standard new wooden pole used by the pole owner in the City.
4. The diameter of a replacement pole shall comply with
the City's setback and sidewalk clearance requirements and shall
not be more than a 25 percent increase of the existing utility pole
measured at the base of the pole or the otherwise standard size
used by the pole owner.
5. All cables and wires shall be routed through conduits
along the outside of the pole. _The outside conduit shall be colored
or painted to match the pole. —_The number of conduits shall be
minimized to the number technically necessary to accommodate
the small wireless facility.
6. Antennas, equipment enclosures, and all ancillary
equipment, boxes and conduit shall be colored or painted to match
the approximate color of the surface of the wooden pole on which
they are attached.
7. Antennas shall not be mounted more than 12 inches
from the surface of the wooden pole.
8. Antennas should be placed in an effort to minimize
visual clutter and obtrusiveness. Multiple antennas are permitted
on a wooden pole; provided, that each antenna shall not be more
than three cubic feet in volume.
9. A canister antenna may be mounted on top of an
existing or replacement wooden pole, which may not exceed the
height requirements described in TMC Section-158.58.170.D.1._A
canister antenna mounted on the top of a wooden pole shall not
exceed 16 inches in diameter, measured at the top of the pole and,
to the extent technically feasible, shall be colored or painted to
match the pole. —_The canister antenna must be placed to look as
if it is an extension of the pole. —_In the alternative, the applicant
may install a side -mounted canister antenna, so long as the inside
edge of the antenna is no more than 12 inches from the surface of
the wooden pole.—_AII cables shall be concealed either within the
canister antenna or within a sleeve between the antenna and the
wooden pole.
10. The farthest point of any antenna or equipment
enclosure may not extend more than 28 inches from the face of the
pole.
11. An omnidirectional antenna may be mounted on the
top of an existing wooden pole, provided such antenna is no more
than four feet in height and is mounted directly on the top of a pole
or attached to a sleeve made to look like the exterior of the pole as
close to the top of the pole as technically feasible._AII cables shall
be concealed within the sleeve between the bottom of the antenna
and the mounting bracket.
12. All related antenna equipment, including but not
limited to ancillary equipment, radios, cables, associated
shrouding, microwaves, and conduit that are mounted on wooden
poles, shall not be mounted more than six inches from the surface
of the pole, unless a further distance is technically required and is
confirmed in writing by the pole owner.
13. Equipment for small wireless facilities must be
attached to the wooden pole, unless otherwise permitted to be
ground mounted pursuant to TMC Section 18.58.160.A.3.—The
equipment must be placed in the smallest enclosure possible for
the intended purpose. —_The equipment enclosure and all other
wireless equipment associated with the utility pole, including
wireless equipment associated with the antenna, and any
preexisting associated equipment on the pole, may not exceed 28
cubic feet. —_Multiple equipment enclosures may be acceptable if
designed to more closely integrate with the pole design and do not
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Page 18-23S71
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cumulatively exceed 28 cubic feet. -_The applicant is encouraged
to place the equipment enclosure(s) behind any banners or road
signs that may be on the pole; provided, that such location does
not interfere with the operation of the banners or signs, or the small
wireless facility.
14. An applicant who desires to enclose both its
antennas and equipment within one unified enclosure may do so;
provided, that such enclosure is the minimum size necessary for
its intended purpose and the enclosure and all other wireless
equipment associated with the pole, including wireless equipment
associated with the antenna and any preexisting associated
equipment on the pole, do not exceed 28 cubic feet. -_The unified
enclosure may not be placed more than six inches from the surface
of the pole, unless a further distance is required and confirmed in
writing by the pole owner. -_To the extent possible, the unified
enclosure shall be placed so as to appear as an integrated part of
the pole or behind banners or signs; provided, that such location
does not interfere with the operation of the banners or signs.
E. Standards for Small Wireless Facilities on New Poles
in the Rights -Of -Way and Installations on Decorative Poles:. -
In addition to complying with the applicable general standards in
TMC Section 18.58.160.A and TMC Section 18.58.160.B, small
wireless facilities proposed to be attached to new poles or
decorative poles shall comply with following:
1. Applicability_ -_New poles within the rights -of -way
or installations on a decorative pole are only permitted if the
applicant can establish that:
a. The proposed small wireless facility cannot be
located on an existing utility pole, electrical transmission tower, or
on a site outside of the public rights -of -way such as a public park,
public property, building, transmission tower or in or on a
nonresidential use in a residential zone, whether by roof or building
mount; and
b. The proposed small wireless facility receives
approval for a stealth technique design, as described in TMC
Section-18.58.160.E.3; and
c. The proposed small wireless facility also complies
with the Shoreline Management Act, Growth Management Act, and
State Environmental Policy Act, if applicable; and
d. No new poles shall be located in a critical area or
associated buffer required by the City's Environmentally Critical
Areas ordinance, TMC Chapter 18.45, except when determined to
be exempt pursuant to said ordinance.
2. Review: -_An application for a new pole or installation
on a decorative pole is subject to administrative review and
approval or denial by the Director.
3. New Ppoles_-_All new poles shall conform to the
City's standard pole design adopted in the City's Infrastructure
Design and Construction Standards Manual and comply with the
stealth technique design consistent with TMC Section
18.58.160.E.5.
4. Decorative Ppoles.-_If the applicant desires to place
the small wireless facility on a decorative pole, and the City has
adopted a small wireless facility standard for the decorative pole in
the City's Infrastructure Design and Construction Standards
Manual, then the applicant shall attempt to utilize the adopted
decorative pole design. The applicant, upon a showing that using
the standard decorative pole design is either technically or
physically infeasible, or that a modified pole design will not comply
with the city's ADA or sidewalk clearance requirements and/or
would violate electrical or other safety standards, may deviate from
the adopted standard decorative pole design and propose a stealth
technique design consistent with TMC Section 18.58.160.E.5.
5. The stealth technique design shall include the design
of the screening, fencing, or other concealment technique for the
pole, equipment enclosure, and all related transmission equipment
or facilities associated with the proposed small wireless facility,
including but not limited to fiber and power connections.
a. The stealth technique design should seek to
minimize the visual obtrusiveness of the small wireless facility.
The proposed pole or structure should have similar designs to
existing neighboring poles in the rights -of -way, including similar
height to the extent technically feasible. -_If the proposed small
wireless facility is placed on a replacement pole in a design district,
then the replacement pole shall be of the same general design as
the pole it is replacing, unless the Director otherwise approves a
variation due to aesthetic or safety concerns. —_Any stealth
technique design for a small wireless facility on a decorative pole
should attempt to mimic the design of such pole and integrate the
small wireless facility into the design of the decorative pole. -_Other
stealth technique methods include, but are not limited to,
integrating the installation with architectural features or building
design components; utilization of coverings or concealment
devices of similar material, color, and texture -or the appearance
thereof -as the surface against which the installation will be seen
or on which it will be installed; landscape design; or other
camouflage strategies appropriate for the type of installation.
Applicants are required to utilize designs in which all conduit and
wires are installed internally within the structure. -_Further, applicant
designs should, to the extent technically feasible, comply with the
generally applicable design standards adopted pursuant to TMC
Section 18.58.160.A and TMC Section 18.58.160.B.
b. If the Director has already approved a stealth
technique design either for the applicant or another small wireless
facility along the same public right-of-way or for the same pole type,
then the applicant shall utilize a substantially similar stealth
technique design, unless it can show that such stealth technique
design is not technically feasible, or that such design would
undermine the generally applicable design standards adopted
pursuant to TMC Section 18.58.160.A and TMC Section
18.58.160.B.
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TITLE 18 — ZONING
c. Even if an alternative location is established
pursuant to TMC Section 18.58.160.E.1.a, the Director may
determine, at the applicant's written request, that a new pole in the
right-of-way is, in fact, a superior alternative based on the impact
to the City, the stealth technique design, the City's Comprehensive
Plan and the added benefits to the community.
d. Prior to the issuance of a permit to construct a
new pole or ground -mounted equipment in the right-of-way, the
applicant must obtain a master lease agreement from the City to
locate such new pole or ground -mounted equipment. —_This
requirement also applies to replacement poles that are taller than
the replaced pole, when the overall height of the replacement pole
and the proposed small wireless facility is more than 60 feet.
F. Standards for Small Wireless Facilities Attached to
Cables:— In addition to complying with the applicable general
standards in TMC Section 18.58.160.A, all small wireless facilities
mounted on existing cables strung between existing utility poles
shall conform to the following standards:
1. Each strand -mounted facility shall not exceed three
cubic feet in volume.
2. Only one strand -mounted facility is permitted per
cable between any two existing poles on an existing cable.
3. The strand -mounted devices shall be placed as close
as feasible to the nearest utility pole, in no event more than 10 feet
from the pole unless that location is technically infeasible or is not
allowed by the pole owner for safety clearance.
4. No strand -mounted device shall be located in or
above the portion of the roadway open to vehicular traffic.
5. Ground -mounted equipment to accommodate a
shared mounted facility is not permitted except when placed in
preexisting equipment cabinets or required by a third party
electrical service provider.
6. Pole -mounted equipment shall comply with the
requirements of TMC Section 18.58.160.A and TMC Section
18.58.160.B.
7. Such strand -mounted devices must be installed to
cause the least visual impact and without excess exterior cabling
or wires (other than the original strand).
G. Standards for Small Wireless Facilities Attached to
Existing Buildings_ —_In addition to complying with the applicable
general standards in TMC Section 18.58.160.A, all small wireless
facilities attached to existing buildings shall conform to the
following design criteria:
1. Small wireless facilities may be mounted to the sides
of a building if the antennas do not interrupt the building's
architectural theme.
2. The interruption of architectural lines or horizontal or
vertical reveals is discouraged.
3. New architectural features such as columns,
pilasters, corbels, or other ornamentation that conceal antennas
may be used if it complements the architecture of the existing
building.
4. Small wireless facilities shall utilize the smallest
mounting brackets necessary in order to provide the smallest offset
from the building.
5. Skirts or shrouds shall be utilized on the sides and
bottoms of antennas in order to conceal mounting hardware, create
a cleaner appearance, and minimize the visual impact of the
antennas. Exposed cabling/wiring is prohibited.
6. To the extent technically feasible, small wireless
facilities shall be painted and textured to match the adjacent
building surfaces.
, ,
2021)
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Page 18-23373
TITLE 18 — ZONING
CHAPTER 18.60
BOARD OF ADCHITECTI IRAI DESIGN
REVIEW
Sections:
18.60.010 Purpose and Objectives
18.60.020 Membership
18.60.0320 Scope and Applicabilityof authority
18.60.0430 Design Review Applications Requirements
18.60.0540 Design Review Criteria Applicability
18.60.050 Commercial and Light industrial Design Review
Criteria
18.60.060 Multi -Family, Hotel, and Motel Design Review
Criteria
18.60.070 Tukwila South Design Review Criteria
18.60.0680 Commercial Redevelopment Areas Approval
Procedures and Criteria
18.60.0790 Action by ExpirationBoard of Architectural Review
18.60.010 Purpose and Objectives
A. It is the purpose of this chapter to provide for the review
by public officials of land development and building design in order
teto promote the public health, safety and welfare. Specifically, the
Board of Architectural Review ("BAR") and DCD Director shall only
approve well -designed developments that are creative and
harmonious with the natural and manmade environments.
Throughout this chapter, any reference to the Board or BAR shall
also include the DCD Director in the case of administrative design
review.
{Ord. 2005 §16, 2002; Ord. 1865 §49, 1999;
Ord. 1758 §1 (part), 1995}
The Board of Architectural Review shall consist of the
members of the Planning Commie The officers of the
Planning Commission shall also sit as officers of the Board of
Architectural Review.
18.60.0320 Scope and Applicability hority
A. The rules and regulations of the Board of Architectural
Review shall be the same as those stated for the Planning
Commission in the bylaws of the Tukwila Planning Commission.
BA. The Community Development Director will review
projects meeting the thresholds for administrative design review.
The BAR will review all other projects requiring design review
approval. The Board and the Community Development Director
shall have the authority to approve, approve with conditions, or
deny all plans submitted based on a demonstration of compliance
with all of adopted the guidelines referenced in ef-this chapter, as
judged by the preponderance of evidence standard.
GB. Design review is required for all developments that meet
the thresholds contained in each zoning district. the following
described land use actions:
1. All developments will be subject to design review with the
following exceptions:
a. Developments exempted in the various districts;
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TITLE 18 — ZONING
b. Developments in LI, HI, MIC/L and MIC/H districts, except
when within 300 feet of residential districts or within 200 feet of the
Green/Duwamish River or that require a shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or
improvements, if the cost of that work equals or exceeds 10% of
the building's assessed valuation (for costs between 10% and
25%, the changes will be reviewed administratively):
a. For sites whose gross building square footage exceeds
10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, and C/LI
zoning districts; and
b. For any site in the NCC, MUO or RC zoning districts in
the Tukwila International Boulevard corridor
{see TMC Figure 18-9).
c. For any multi family structures in MDR and HDR zones.
d. For all conditional and unclassified uses in the LDR zone
that involve construction of a new building or exterior repairs that
exceed 10% of the assessed value of the building.
e. For sites in the TUC Districts see TMC Section
18.28.030.D. for design review thresholds.
3. Development applications -using the procedures of TMG
Section 18.60.60, "Commercial Redevelopment Area."
'1. Development applications using the procedures of TMG
Chapter 18.43, "Urban Renewal Overlay District."
5. All projects located within the shoreline jurisdiction that
involve construction of a new building or exterior changes, if the
cost of the exterior work equals or exceeds 10% of the building's
assessed valuation, except the construction of a single family
house is exempt.
6. Modification of a building and/or the site, if the building
and/or site had gone through design review within the last 10 years,
shall require modification of the original decision. Minor
modifications of BAR approval shall be processed as
administrative design review and major modifications of BAR
approval shall require BAR approval.
BC. Minor Modifications to Design Review Approval are
required if modification of a building and/or site had gone through
design review within the last 10 years.
D. For development in the NCC, RC, and MUO zones within
the Tukwila International Boulevard corridor, identified in TMC
Figure 18-9, certain landscaping and setback standards may be
waived and conditioned , upon approval of plans by the BAR, in
accordance with criteria and guidelines in the Tukwila International
Boulevard Design Manual, as currently enacted or hereafter
amended. —_Landscaping and setback standards may not be
waived on commercial property sides adjacent to residential
districts.
E. No changes shall be made to approved designs without
further BAR or Director approval and consideration of the change
in the context of the entire project_; except that the Director is
authorized to approve minor, insignificant modifications which have
no impact on the project design.
F. A building permit shall not be issued until the proposed
development project has received design approval.
G. Any reference to the term 'Board of Architectural Review'
in any adopted design review guidelines or Code shall, unless
otherwise stated, be understood to refer exclusively to the Director.
{Ord. 2442 §4, 2014; Ord. 2368 §61, 2012;
Ord. 2257 §11, 2009;0rd. 2251 §73, 2009; Ord. 2235 §15, 2009;
Ord. 2118 §1, 2006; Ord. 2005 §17, 2002;0rd. 1865 §50, 1999;
Ord. 1758 §1 (part), 1995)
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TITLE 18 — ZONING
18.60.0340 Design Review Applications Requirements
A. Applications for design review shall be processed as Type
2 decisions, subject to the provisions of TMC 18.104.
B. All applications shall meet the application submittal
requirements found at TMC 18.104.060.
C. The Director is authorized to request and rely upon any
document, guideline, or other consideration they deem relevant or
useful to satisfy the purpose and objectives of this chapter,
specifically including but not limited to the following criteria. The
applicant shall bear the full burden of proof that the proposed
development plans satisfy all of the criteria. The Director may
modify a literal interpretation of the design review criteria if, in their
judgment, such modifications better implement the Comprehensive
Plan goals and policies.be accompanicd by a filing fee as required
in the Application Fees chapter of this title and shall include, but
arc not limited to, site plans, exterior building elevations, an
environmental checklist if applicable, and othcr materials as
required by the DCD. _Models and/or photo montagcs shall be
required for multi family projects over six (6) dwelling units.
Exemptions for minor projects may be granted by the Director.
Minor projects shall include, but not be limited to, new interior
garages, dumpster screening, and other changes which have no
significant affect on project design.
Building permit applications shall not be granted until approval
of plans by the BAR.
(Ord. 1758 §1 (part), 1995)
18.60.0450 Design Review Criteria Applicability
A. Generally. The BAR is authorized to request and rely
upon any document, guideline, or other consideration it deems
relevant or useful to satisfy the purpose and objectives of this
chapter, specifically including but not limited to the following
criteria The applicant shall bear the full burden of proof that the
proposed development plans satisfy all of the criteria. The BAR
may modify a literal interpretation of the design review criteria if, in
their judgment such modifications better implement the
Comprehensive Plan goals and policies.A. Commercial and
Light Industrial Design Review Criteria: The criteria found at
TMC 18.60.050 shall be used in all cases, except for:
1. Multi -family, hotel, and motel developments, which
shall use the multi -family, hotel, and motel design review criteria.
2. Developments within the MUO, NCC, and RC districts
of the Tukwila International Boulevard corridor (see Figure 18-9),
which shall use the Tukwila International Boulevard design review
criteria of this chapter.
3. Developments within the TSO district.
B. Multi -Family, Hotel, and Motel Design Review Criteria:
The criteria found at TMC 18.60.060 shall be used for the following:
1. Multi -family development, hotel development, motel
development, and non-residential development in the LDR zoning
district.
a. These developments shall also be subject to the
Multi -Family Design Manual or Townhouse Design Manual.
C. Tukwila International Boulevard Design Review
Criteria: The design criteria and guidelines of the Tukwila
International Boulevard Design Manual, as amended, shall be
used for the following:
1. Development in the MUO, NCC, and RC Districts
within the Tukwila International Boulevard study area (see Figure
18-9).
D. Parking Structure Design Guidelines:: The Parking
Structure Design Guidelines shall be used whenever the provisions
of this Title require a design review decision on proposed or
modified parking structures.
E. Tukwila South Design Review Criteria: The criteria
found at TMC 18.60.070, as well as the guidelines contained in the
Tukwila South Overlay District Design Manual or the Tukwila South
Residential Design Guidelines, shall be used whenever the
provisions of this Title require a design review decision on a
proposed or modified development in the Tukwila South Overlay
district.
F. Southcenter Design Criteria: The criteria contained in
the Southcenter Design Manual shall be used whenever the
provisions of this title require a design review decision on a
proposed or modified development in the Tukwila Urban Center
districts.
G. Shoreline Design Criteria. The criteria contained in the
Shoreline Design Guidelines found at TMC 18.44.090 shall be
used whenever the provisions of this title require a design review
decision on a proposed or modified development in the Shoreline
Overlay District.
18.60.050 B—Commercial and Light Industrial Design
Review Criteria. The following criteria shall be considered in all
cases, except that multi family and hotel or motel developments
shall use the multi family, hotel and motel design review criteria;
developments within the MUO, NCC and RC districts of the Tukwila
International Boulevard corridor (scc Figure 18 9) shall use the
Tukwila International Boulevard design review criteria of this
nt • and rl lopments within the TSO district shall use the
er�aeve,�,-ram �-�,����-R,�
Tukwila South design review criteria instead:
Al-. Relationship of Structure to Site.:
la. —The site should be planned to accomplish a
desirable transition with streetscape and to provide for adequate
landscaping and pedestrian movement.
2b. Parking and service areas should be located,
designed and screened to moderate the visual impact of large
paved areas.
3c. The height and scale of each building should be
considered in relation to the site.
B2. Relationship of Structure and Site to Adjoining Area:.
1 a. Harmony of texture, lines and masses is encouraged.
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TITLE 18 - ZONING
2d. Appropriate landscape transition to adjoining
properties should be provided.
3e. Public buildings and structures should be consistent
with the established neighborhood character.
4d. Compatibility of vehicular pedestrian circulation
patterns and loading facilities in terms of safety, efficiency and
convenience should be encouraged.
5e. Compatibility of on -site vehicular circulation with
street circulation should be encouraged.
C3. Landscaping and Site Treatment::
la. Where existing topographic patterns contribute to
beauty and utility of a development, they should be recognized,
preserved and enhanced.
2d. Grades of walks, parking spaces, terraces and other
paved areas should promote safety, and provide an inviting and
stable appearance.
3e. Landscape treatment should enhance architectural
features, strengthen vistas and important axis, and provide shade.
4d. In locations where plants will be susceptible to injury
by pedestrian or motor traffic, mitigating steps should be taken.
5e. Where building sites limit planting, the placement of
trees or shrubs in paved areas is encouraged.
6#. Screening of service yards and other places that tend
to be unsightly should be accomplished by use of walls, fencing,
planting or combination.
7g. In areas where general planting will not prosper,
other materials such as fences, walls and pavings of wood, brick,
stone or gravel may be used.
88. Exterior lighting, when used, should enhance the
building design and the adjoining landscape. -_Lighting standards
and fixtures should be of a design and size compatible with the
building and adjacent area. -_Lighting should be shielded, and
restrained in design. -_Excessive brightness and brilliant colors
should be avoided.
D4. Building Design:,
la. Architectural style is not restricted; evaluation of a
project should be based on quality of its design and relationship to
its surroundings.
28. Buildings should be to appropriate scale and in
harmony with permanent neighboring developments.
3c. Building components such as windows, doors,
eaves, and parapets should have good proportions and
relationship to one another. -_Building components and ancillary
parts shall be consistent with anticipated life of the structure.
4d. Colors should be harmonious, with bright or brilliant
colors used only for accent.
5e. Mechanical equipment or other utility hardware on
roof, ground or buildings should be screened from view.
6f. Exterior lighting should be part of the architectural
concept. -_Fixtures, standards, and all exposed accessories should
be harmonious with building design.
7g. Monotony of design in single or multiple building
projects should be avoided.- Variety of detail, form and siting
should be used to provide visual interest.
E. Miscellaneous Structures and Street Furniture:,
la. Miscellaneous structures and street furniture should
be designed to be part of the architectural concept of design and
landscape. -_Materials should be compatible with buildings, scale
should be appropriate, colors should be in harmony with buildings
and surroundings, and proportions should be to scale.
2b. Lighting in connection with miscellaneous structures
and street furniture should meet the guidelines applicable to site,
landscape and buildings.
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Page 18-24377
TITLE 18 - ZONING
18.60.060 C-Multi-Family, Hotel, and Motel Design
Review Criteria:
In reviewing any application for multi family, hotel, motel, or
non residential development in a Low Density Residential zone,
the following criteria shall be used by the BAR in its decision
making, as well as the Multi Family Dcsign Manual or Townhouse
Design Man ial Detached zero lot line fimo of developments shall
be subject to the Townhouse Design Manual. Residential
development on those lands located in the TS0 with underlying
zoning of LDR, which immediately adjoin lands located in the City
of SeaTac to the east of Interstate 5, shall also use the following
criteria as well as the Multi Family Design Manual.
Al-. Site Planning_G7
la. Building siting, architecture, and landscaping shall be
integrated into and blend harmoniously with the neighborhood
building scale, natural environment, and development
characteristics as envisioned in the Comprehensive Plan. -_For
instance, a multi -family development's design need not be
harmoniously integrated with adjacent single-family structures if
that existing single-family use is designated as "Commercial" or
"High -Density Residential" in the Comprehensive Plan. -_However,
a "Low -Density Residential" (detached single-family) designation
would require such harmonious design integration.
2b. Natural features, which contribute to desirable
neighborhood character, shall be preserved to the maximum extent
possible. -_Natural features include, but are not limited to, existing
significant trees and stands of trees, wetlands, streams, and
significant topographic features.
3e. The site plan shall use landscaping and building
shapes to form an aesthetically pleasing and pedestrian scale
streetscape.-_This shall include, but not be limited to facilitating
pedestrian travel along the street, using architecture and
landscaping to provide a desirable transition from streetscape to
the building, and providing an integrated linkage from pedestrian
and vehicular facilities to building entries.
4d. Pedestrian and vehicular entries shall provide a high -
quality visual focus using building siting, shapes and landscaping.
Such a feature establishes a physical transition between the
project and public areas, and establishes the initial sense of high
quality development.
5e. Vehicular circulation design shall minimize driveway
intersections with the street.
6f. Site perimeter design (i.e., landscaping, structures,
and horizontal width) shall be coordinated with site development to
ensure a harmonious transition between adjacent projects.
7g. Varying degrees of privacy for the individual
residents shall be provided, increasing from the public right-of-
way, to common areas, to individual residences. -_This can be
accomplished through the use of symbolic and actual physical
barriers to define the degrees of privacy appropriate to specific site
area functions.
8h. Parking and service areas shall be located, designed
and screened to interrupt and reduce the visual impact of large
paved areas.
9i. The height, bulk, footprint and scale of each building
shall be in harmony with its site and adjacent long-term structures.
B2. Building Design:,
la. Architectural style is not restricted; evaluation of a
project shall be based on the quality of its design and its ability to
harmonize building texture, shape, lines and mass with the
surrounding neighborhood.
2b. Buildings shall be of appropriate height, scale, and
design/shape to be in harmony with those existing permanent
neighboring developments that are consistent with, or envisioned
in, the Comprehensive Plan.- This will be especially important for
perimeter structures. —_Adjacent structures that are not in
conformance with the Comprehensive Plan should be considered
to be transitional.- The degree of architectural harmony required
should be consistent with the nonconforming structure's
anticipated permanence.
3e. Building components, such as windows, doors,
eaves, parapets, stairs and decks shall be integrated into the
overall building design. -_Particular emphasis shall be given to
harmonious proportions of these components with those of
adjacent developments. -_Building components and ancillary parts
shall be consistent with the anticipated life of the structure.
4d. The overall color scheme shall work to reduce
building prominence and shall blend in with the natural
environment.
5e. Monotony of design in single or multiple building
projects shall be avoided. -_Variety of detail, form, and siting shall
be used to provide visual interest.- Otherwise monotonous flat
walls and uniform vertical planes of individual buildings shall be
broken up with building modulation, stairs, decks, railings, and
focal entries. -_Multiple building developments shall use siting and
additional architectural variety to avoid inappropriate repetition of
building designs and appearance to surrounding properties.
C3. Landscape and Site TreatmentT_-
la. Existing natural topographic patterns and significant
vegetation shall be reflected in project design when they contribute
to the natural beauty of the area or are important to defining
neighborhood identity or a sense of place.
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TITLE 18 - ZONING
28. Landscape treatment shall enhance existing natural
and architectural features, help separate public from private
spaces, strengthen vistas and important views, provide shade to
moderate the effects of large paved areas, and break up visual
mass.
3c. Walkways, parking spaces, terraces, and other
paved areas shall promote safety and provide an inviting and
stable appearance. -_Direct pedestrian linkages to the public street,
to on -site recreation areas, and to adjacent public recreation areas
shall be provided.
4d. Appropriate landscape transition to adjoining
properties shall be provided.
D4. Miscellaneous Structures:,
la. Miscellaneous structures shall be designed as an
integral part of the architectural concept and landscape. -_Materials
shall be compatible with buildings, scale shall be appropriate,
colors shall be in harmony with buildings and surroundings, and
structure proportions shall be to scale.
28. The use of walls, fencing, planting, berms, or
combinations of these shall accomplish screening of service yards
and other places that tend to be unsightly. -_Screening shall be
effective in winter and summer.
3e. Mechanical equipment or other utility hardware on
roof, ground or buildings shall be screened from view.- Screening
shall be designed as an integral part of the architecture (i.e., raised
parapets and fully enclosed under roof) and landscaping.
4E1. Exterior lighting standards and fixtures shall be of a
design and size consistent with safety, building architecture and
adjacent area. -_Lighting shall be shielded and restrained in design
with no off -site glare spill -over. -_Excessive brightness and brilliant
colors shall not be used unless clearly demonstrated to be integral
to building architecture.
D. Tukwila Intefnational-Boulevard Design Rrew
Criteria In reviewing any application for development in
International Boulevard study area (see Figure th 18_A1 e
1
design criteria and guidelines of the Tukwila
mt evard Design Ma as ended-
shall be used by the BAR in its derision making
E. Pawing Structure Dcsign Guidelines. The
whenever the provisions of this Title require a design
strueturm
18.60.070 —Tukwila South Design Criteria. The criteria
listed below and guidelines contained in the Tukwila South Design
Manual shall be used whenever thc provisions of this title require
a design review dccision on a proposed or modified development
in the Tukwila South Overlay -district. Residential development on
those lands located in the TSO with underlying zoning of LDR,
which immediately adjoin lands located in the City of S aTac to the
st of Interstate 5, shall use thc criteria as stipulated under TMC
Section 18.60.050(C).
_4. Site Design.,
1a. Site Design Concept and Site Relationships:
a.(4) Organize site design elements to provide an
orderly and easily understood arrangement of buildings,
landscaping, and circulation elements that support the functions of
the site.
b.(2) Maintain visual and functional continuity
between the development and adjacent properties where
appropriate.
2b. Site Design for Safety:
a.(-1-) Reduce the potential for conflicts between
drivers and pedestrians.
b.(2 Provide building, site, and landscape
designs that allow comfortable and safe navigation by employees,
customers, and visitors.
c.(-) Provide lighting at building entries, along
walkways, parking areas, and other public areas to enhance safety
and visibility.
d.(4) Avoid light trespass beyond the boundaries
of the property lines.
3G. —Siting and Screening of Parking Areas:
a.{1) Organize= site and building designs to
deemphasize vehicular circulation and parking.
b.(2) Use building placement, walls, berms,
and/or landscaping to create a distinct street edge.
4E1. Siting and Screening of Service Areas
and Mechanical Equipment:
Reduce the visual, sound, and odor
impacts of service areas from adjacent residential properties,
public view and roadways through site design, building design,
landscaping, and screening.
(b.2) Ensure that larger pieces of mechanical
equipment are visually unobtrusive.
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Page 18-24479
TITLE 18 — ZONING
c.(3) Locate and/or screen roof -mounted
mechanical equipment to minimize visibility from streets, trails, and
adjacent properties.
5e. Natural Features:
a.(1-) Incorporate natural features and
environmental mitigation areas such as existing topography,
significant wooded areas, wetlands, and/or watercourses into the
overall site plan where appropriate.
b.(2) Provide connections to existing and
planned trails, open spaces, and parks per the Master Open Space
and Trails Plan.
6f. Pedestrian and Vehicular Circulation:
a.(�) Provide an efficient and comprehensive
internal circulation system, including motorized and non -motorized
access points, parking, loading, and emergency accessways.
b.(2) Create on -site pedestrian networks from
streets and drives to building entrances, through parking lots to
connect buildings to the street, and between sites.
7g. Pedestrian Environment:
a.(-1-) Incorporate amenities in site design to
increase the utility of the site and enhance the overall
pedestrian/employee environment.
b.(2) Ensure that pedestrian amenities are
durable and easy to maintain.
c.(3) Select site furnishings that complement the
building and landscape design of the development.
8h. Gateways:
a.(1-) Designate gateways at key intersections
into district and secondary gateways at major use nodes per the
Tukwila South Master Plan.
b.(2) Provide special treatment at designated
gateway locations.
B2. Building Design_,
1a. Architectural Concept:
a.(4 Develop an architectural concept for
structure(s) on the site that conveys a cohesive and consistent
thematic or stylistic statement, and is responsive to the functional
characteristics of the development.
b.(2) Reduce the apparent scale of large
commercial and industrial buildings located adjacent to low density
residential developments.
c.(3) Provide distinctive building corners at street
intersections through the use of architectural elements and
detailing and pedestrian -oriented features where possible.
d.(4) Provide prominent rooflines that contribute
to the character of the area and are consistent with the type of
building function and uses.
2b. Building Elements and Architectural Details:
a.(4 Utilize durable, high quality building
materials that contribute to the overall appearance, ease of
maintenance, and longevity of the building.
b.() Buildings and site design should provide an
inviting entry orientation.
c.(3) Colors used on building exteriors should
integrate a building's various design elements or features.
C3. Landscape and Planting Design_,
1a. Landscape Design:
a.(1-) Develop a landscape plan that
demonstrates a design concept consistent with or complementary
to the site design and the building's architectural character.
b.() Develop a landscape design concept that
fulfills the functional requirements of the development, including
screening and buffering.
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TITLE 18 — ZONING
2b. Planting Design:
a.(1-) Incorporate existing significant trees,
wooded areas and/or vegetation in the planting plan where they
contribute to overall landscape design.
b.(2-) Select plant materials that reinforce the
landscape design concept, and are appropriate to their location in
terms of hardiness, maintenance needs and growth
characteristics.
D4. Signage Design_:
1a. Provide signage that is consistent with the site's
architectural theme.
2b. Manage sign elements such as size, location and
arrangement so that signs complement the visual character of the
surrounding area and appear in proportion to the building and site
to which they pertain.
3e. Provide signage that is oriented to both pedestrians
and motorists in design and placement.
4d. Provide a wayfinding system within the development
to allow for quick location of buildings and addresses, that
coordinates with other sites and the district, where appropriate.
districts.
H. Shoreline Design Criteria. The criteria contained in
the Shoreline Design Guidelines (TMC Section 18.44.090) shall be
used whenever the provisions of this title require a design review
decision on a proposed or modificd development in the Shoreline
Overlay District.
(Ord. 2627 §31, 2020; Ord. 2580 §7, §8, 2018; Ord. 2442 §5, 2014;
Ord. 2368 §62, 2012; Ord. 2235 §16, §17, 2009;
Ord. 2199 §20, 2008; Ord. 1986 §16, 2001;
Ord. 1865 §51, 1999; Ord. 1758 §1 (part), 1995)
18.60.0860 Commercial Redevelopment Areas Approval
Procedures and Criteria
A. The intent of this section is to create a more uniform
commercial district along the Tukwila International Boulevard
corridor that serves the space needs of mixed use or commercial
development that fronts on Tukwila International Boulevard, to
allow and create developments that are designed and built to better
buffer the negative impacts of the commercial district on the
adjacent residential neighborhoods, to better integrate, where
appropriate, the mixed use or commercial developments with the
adjacent residential neighborhoods. —_Development within the five
identified commercial redevelopment areas that is not in
accordance with the underlying zone's uses and standards may be
approved by the Director if the development complies with the
following criteria.
1. Uses allowed:,_The permitted and accessory uses
shall be those of the adjacent commercial district to which the
residentially zoned properties are being aggregated.
2. Standards_: The basic development standards shall
be those of the adjacent commercial district to which the site is
being aggregated and the standards for the uses that are being
proposed.
3. Approval procedure::
a. In a Commercial Redevelopment Area, the BAR
Director must review and approve any development per the
Tukwila International Boulevard Design Manual and the intent and
criteria of this section.
b. The development must include at least one parcel
that fronts on Tukwila International Boulevard and any number of
additional adjacent parcels within the commercial redevelopment
areas. (Exception: Commercial use of property in Site 2, in the
block bounded by 42 Avenue South, South 144th Street Tukwila
International Boulevard and South 142nd Street, must aggregate
with the property on the north side South 142nd Street.)
c. The following criteria from the Tukwila
International Boulevard "Design Manual are augmented to include
the following intent:
(1) to create streetscapes that are similar in
setback, landscape and building heights where development
occurs across from single-family residential:
(2) to create architecture that is compatible
with desired residential character and scale where development
occurs adjacent to residential, the following elements must be
addressed:
(a) Site Design with special attention to
continuity of sites with adjacent sites and siting and screening of
service yards; and
(b) Building Design with special attention
to architectural relationships; and
(c) Landscape Design
(Ord. 2257 §12, 2009; Ord. 1865 §53, 1999)
18.60.0970
ReviewExpiration
A. Decision Process. Projects meeting the thresholds for
administrative design review will bc processed as Type 2 decisions
pursuant to TMC 18.108.020. All other design review decisions
shall be processed as Type 4 decisions pursuant to TMG
18.108.040.
B. APPROVALRevicw. The Director shall review the
proposed development plans and may approve, approve with -
conditions, or deny the design review application. If the DCD
Director or BAR finds thc proposcd development plans satisfy the
applicable design criteria they shall approve the proposed
development. A building permit may then be issued by the
appropriate City official providing all other requirements of
applicable adoptcd codcs and ordinances of the City have been
complied with.
C. APPROVAL WITH CONDITIONS. If the DCD Director or
BAR approves thc proposcd development plans with conditions, it
they may require that such conditions shall bc fulfilled prior to the
issuance of a building or occupancy permit, where appropriate.
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TITLE 18 — ZONING
D. DENIAL. The DCD Dircctor or BAR may dcny tho
proposed development plans if the plans do not satisfy the criteria
listed in this chapter or the applicable design manual.
AGE. Expiration of Design Review
Approval:; Construction permitting for design review approved
plans must begin within three jyears from the notice of decision
or the approval decision becomes null and void.
Ord. 1865 §54, 1999; Ord. 1770 §35, 1996;
Ord. 1758 §1 (part), 1995)
Prgkced by the City of Tukwila, City Clerk's Office Page 18-247
TITLE 18 — ZONING
CHAPTER 18.64
CONDITIONAL USE PERMITS
Sections:
18.64.010 Purpose
18.64.020 Uses Requiring a Conditional Use Permit
18.64.030 Application Requirements and Feesuonditional
Use Permit Applications
18.64.050 Criteria
18.64.060 Expiration and Renewal
18.64.070 Revocation of Permit
18.64.080 Performance Bond and Other Security
18.64.090 Resubmittal of Application
18.64.010 Purpose
A. 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.
(Ord. 2500 §25, 2016; Ord. 1758 §1 (part), 1995)
18.64.020 Uses Requiring a Conditional Use Permit
A. The conditional uses listed in the specified use districts
require a conditional use permit in order to locate and operate in
an appropriate zone district within the City.
(Ord. 1758 §1 (part), 1995)
18.64.030 Conditional Use Permit Applications -
Renuirements and Fees
A. Applications for Conditional Use Permits shall be
processed as Type 3 decisions, subject to the provisions found at
TMC 18.104.
Application for conditional use permit shall be filed with the
DCD on forms prescribed by that office. All applications shall bo
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.
{Ord. 2500 §26, 2016; Ord. 1770 §36, 1996;
Ord. 1758 §1 (part), 1995)
18.64.050 Criteria
A. The following criteria shall apply in granting a conditional
use permit:
1. The proposed use will not be materially detrimental
to the public welfare or injurious to the property or improvements
in the vicinity of the proposed use or in the district in which the
subject property is situated;
2. The proposed use shall meet or exceed the
performance standards that are required in the district it will
occupy;
3. The proposed development shall be compatible
generally with the surrounding land uses in terms of traffic and
pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals
and policies of the Comprehensive Land Use Policy Plan;
5. All measures have been taken to minimize the
possible adverse impacts which the proposed use may have on the
area in which it is located.
(Ord. 1770 §38, 1996; Ord. 1758 §1 (part), 1995)
18.64.060 Expiration and Renewal
A. 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.
(Ord. 2500 §27, 2016; Ord. 1770 §39, 1996;
Ord. 1758 §1 (part), 1995)
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
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TITLE 18 — ZONING
chapter for the initial consideration of a conditional use permit 18.64.080 Performance Bond and Other Security
application. A. A performance bond or other adequate and appropriate
security may be required for any elements of the proposed project
(Ord. 2500 §28, 2016; Ord. 1758 §1 (part), 1995) 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.
{Ord. 2500 §29, 2016; Ord. 1770 §40, 1996;
Ord. 1758 §1 (part), 1995)
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.
(Ord. 2500 §30, 2016; Ord. 1758 §1 (part), 1995)
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TITLE 18 — ZONING
Sections:
18.66.010
18.66.020
18.66.030
18.66.040
18.66.060
18.66.070
18.66.080
18.66.090
18.66.100
18.66.110
18.66.120
18.66.130
CHAPTER 18.66
UNCLASSIFIED USE PERMITS
Purpose
Uses Requiring an Unclassified Use Permit (UUP)
Area and Dimensional Requirements
Unclassified Use Permit Application Requirements
Criteria
Expiration and Renewal
Revocation of Permit
Performance Bond and Other Security
Resubmittal of Application
Normal Upkeep, Repairs and Maintenance -
Replacement of Existing Structures
Expansion of Existing Unclassified Use - Animal
Rendering Facilities
Performance Standards for Rendering Plants
18.66.010 Purpose
It is the purpose of this chapter to establish procedures for the
regulation of uses possessing characteristics of such unusual,
large-scale, unique or special form as to make impractical their
being included automatically in any class of use as set forth in the
various use districts previously defined.
(Ord 1758 §1 (part\ 1995)
18.66.020 Uses Requiring an Unclassified Use Permit
(UUP)
The unclassified uses listed in the specified use districts
require an unclassified use permit processed as provided in this
chapter.
(Ord. 1758 §1 (part), 1995)
18.66.030 Area and Dimensional Requirements
A. The requirements for front, rear and side yards and open
spaces and landscaping applicable to the underlying zone
classification in which any such use is proposed to be located shall
prevail, unless specific modifications are required in granting the
unclassified use permit.
B. The provisions applying to height and minimum lot area
and width applicable to the underlying zone classification in which
any such use is proposed to be located shall prevail unless specific
modifications are required in granting the unclassified use permit.
(Ord 1758 §1 (part\ 1995)
18.66.040 Unclassified Use Permit Applications
Renuirements
A. Applications for Unclassified Use Permits shall be
processed as Type 4 decisions, subject to the provisions found at
TMC 18.104.
Applications for unclassified use permits shall be Type 5
decisions and shall be processed pursuant to TMC 18.108.050.
B. unclassified use permit appliGation for a secure
community transition facility shall be accompanied by the following:
1. The siting process used for the secure community
transition facility, including alternative locations considered.
2. An analysis showing that proper consideration was
given to potential sites such that siting of the facility will have no
undue impact on any one racial, cultural or socio economic group,
and that there will not be a resulting concentration of similar
facilities in a particular neighborhood, community, jurisdiction or
region.
3. Documentation demonstrating compliance with
Chapter 71.09 RCW for establishing thc need for additional secure
community transition facility beds and documentation
demonstrating compliance with the "equitable distribution"
requirements under the same chapter.
/I. Proposed mitigation measures including the use of
sight obscuring buffers and other barriers from adjacent uses. At a
minimum, the project must provide buffering similar to that required
between residential and industrial zones.
5. DSHS must consult with the City's Police Department
on the security requirements for both the facility and its residents.
A statement from thc City's Police Department indicating that the
DSHS security and emergency procedures for thc facility and its
residents comply with thc requirements of Chapter RCW 71.09
must be included in the Unclassified Use Permit application. A
description of the general security and operational requirements
shall also be included with the permit application.
6. Proposed operating rules for the facility.
7. A schedule and analysis of all public input solicited or to
be solicited during the siting process.
(Ord. 1991 §11, 2002; Ord. 1770 §41, 1996;
Ord 1758 §1 (part\ ,1995)
18.66.060 Criteria
The City Council shall be guided by the following criteria in
granting an unclassified use permit:
1. Where appropriate and feasible, all facilities shall be
undergrounded.
2. The proposed use will not be materially detrimental
to the public welfare or injurious to the property or improvements
in the vicinity.
3. The proposed use shall meet or exceed the same
standards for parking, landscaping, yards and other development
regulations that are required in the district it will occupy.
4. The proposed development shall be compatible
generally with the surrounding land uses.
5. The proposed development shall to the maximum
extent feasible be consistent with and promote the goals,
objectives, and policies of the Comprehensive Land Use Policy
Plan and applicable adopted area plans.
6. The proposed unclassified use shall, to the maximum
extent feasible, mitigate all significant adverse environmental
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Page 18-25585
TITLE 18 — ZONING
impacts on public and private properties. -_Full consideration shall
be given to:
(a) alternative locations and/or routes that reduce or
eliminate adverse impacts; and
(b) alternative designs that reduce or eliminate
adverse impacts.
7. In the event that a proposed essential public facility
of a countywide or statewide nature creates an unavoidable
significant adverse environmental or economic impact on the
community, compensatory mitigation shall be required.
Compensatory mitigation shall include public amenities, incentives
or other public benefits which offset otherwise unmitigated adverse
impacts of the essential public facility. —_Where appropriate,
compensatory mitigation shall be provided as close to the affected
area as possible.
8. For uses in residential areas, applicants shall
demonstrate that there is no reasonable nonresidential alternative
site for the use.
9. For uses in residential areas, applicants shall
demonstrate that the use provides some tangible benefit for the
neighborhood.
10. Secure community transition facilities shall be meet
the following additional criteria:
(a) No facility shall house more than four persons or
the number of persons requested by DSHS after DSHS both
demonstrates a need for additional beds in compliance with
Chaptcr RCW 71.09 RCW and it demonstrates compliance with
Chapter RCW 71.09's RCW's "equitable distribution"
requirements.
(b) The facility shall be located in relation to
transportation facilities in a manner appropriate to the
transportation needs of the secure community transition facility
residents.
(Ord. 1991 §12, 2002; Ord. 1865 §55, 1999;
Ord. 1816 §2, 1997; Ord. 1758 §1 (part), 1995)
18.66.070 Expiration and Renewal
An unclassified use permit shall automatically expire one (1)
year after the date of issuance of a Notice of Decision granting
approval of the application unless a building permit conforming to
plans upon which the permit was granted is obtained within that
period of time. -_An unclassified use permit shall automatically
expire unless substantial construction shall be completed within
two (2) years from the date of issuance of a Notice of Decision
granting approval of the application, unless a renewal is granted or
unless the unclassified use permit specifically provides for a period
greater than two years. —_The City Council, may renew an
unclassified use permit for a maximum period of one additional
year. —_No more than one renewal shall be issued for any
unclassified use permit. -_A renewal may be granted only if there
have been no pertinent changes in conditions surrounding the
property since the time of original approval. -_No public hearing is
required for renewal of an unclassified use permit.
(Ord. 1770 §44, 1996; Ord. 1758 §1 (part), 1995)
18.66.080 Revocation of Permit
A. The City Council may revoke or modify any unclassified
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 representation;
2. That the use for which such approval was granted
has at any time ceased for a period of one year or more;
3. That the use for which such approval was granted
has been abandoned;
4. That the permit granted is exercised contrary to the
terms or conditions of such approval or in violation of any statute,
resolution, code, law or regulation;
5. That the use for which the approval was granted is
so exercised as to be detrimental to the public health or safety.
B. Any aggrieved party may petition the City Council in
writing to initiate revocation or modification proceedings.
C. Before an unclassified 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 for the
initial consideration of an unclassified use permit application.
(Ord. 1770 §45, 1996; Ord. 1758 §1 (part), 1995)
18.66.090 Performance Bond or Other Security
A performance bond or other adequate and appropriate
security may be required by the City Council for any elements of
the proposed project which the Council 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.
(Ord. 1758 §1 (part), 1995)
18.66.100 Resubmittal of Application
An application for an unclassified use permit which has been
disapproved by the Council cannot be resubmitted within six
months of the date of Council disapproval.
(Ord. 1770 §46, 1996; Ord. 1758 §1 (part), 1995)
18.66.110 Normal Upkeep, Repairs, and Maintenance;
Replacement of Existing Structures
Normal upkeep, repairs, maintenance, strengthening, or
restoration to a safe condition of any building or structure being
used as part of an unclassified use shall not require a new or
revised unclassified use permit. -_The replacement of existing
structures with either new structures of equivalent size and/or
capacity, or with new structures which do not change the use and
do not constitute an expansion or enlargement as described below,
shall not require a new or revised unclassified use permit; provided
that, in any event, any structure that is non -conforming by reason
of its height, bulk, or setbacks shall not be re -constructed in a
manner which increases the extent of the nonconformity. -_Nothing
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Page 18-251
TITLE 18 — ZONING
in this section shall modify applicable requirements that such
construction work may require a building permit or other
construction permits pursuant to TMC Title 16 (construction
codes).
{Ord. 1769 §4 (part), 1996)
18.66.120 Expansion of Existing Unclassified Use -
Animal Rendering Facilities
In addition to the structures permitted pursuant to TMC
Section 18.66.110, existing animal rendering facilities shall be
allowed to construct new facilities to update and/or modernize such
use without needing to obtain a new or revised unclassified use
permit if such construction involves an intensification of the
permitted existing facility. For purposes of this section, "facilities"
shall refer to all structures, including tanks, processing equipment,
buildings and other improvements used in the rendering operation,
and "intensification" shall mean new construction shall meet all of
the requirements below. Any proposed new construction that fails
to meet one or more of the requirements of intensification shall be
considered an enlargement or expansion, and shall require an
application for a new or revised unclassified use permit for the
facilities which constitute the enlargement or expansion:
1. The construction of new facilities shall be considered
an intensification and may be permitted without the need to obtain
an Unclassified Use Permit (UUP) if:
a. The total area of the site is not increased.
b. The construction of new facilities does not
generate more than 10 new vehicle trips at peak hour, as
determined pursuant to TMC Chapter 9.48, related to traffic
concurrency.
c. No new facilities are located in the shoreline
buffer.
d. The new facilities will comply with the
performance standards set forth in TMC Section 18.66.130.
e. The construction of new manufacturing facilities
does not result in more than a 5% cumulative increase in the
manufacturing capacity of the processing facility.
f. The construction will not increase the extent of
any nonconformity of any structure by reason of its height, bulk or
setbacks.
2. Any proposed new facility which does not meet
criteria 1.a through 1.f above shall be considered an enlargement
or expansion, and shall comply with the provisions of TMC Chapter
18.66, Unclassified Use Permits.
3. Whether or not a proposed new facility is considered
an intensification or an expansion/enlargement, all other applicable
codes such as construction codes, SEPA, etc., shall continue to
apply.
{Ord. 2368 §63, 2012; Ord. 1769 §4 (part), 1996)
18.66.130 Performance Standards for Rendering
Plants
The following performance standards shall apply to rendering
plants, in addition to the performance standards for the applicable
zoning district.:
1. Any new facilities constructed at a rendering plant
which will be used for storage or transmission of liquid or semi-
liquid products will be protected by containment facilities capable
of preventing the release of any product into surface or ground
waters in the event of a spill or breakage. -if more than one storage
or transmission facility is protected by a containment facility, such
containment facility shall be of sufficient size to contain a spill of
the largest storage or transmission facility so protected.
2. Any new facilities will utilize the best feasible odor
abatement control equipment and shall be designed, constructed
and operated so that the new facilities will not increase the risk of
odor emissions from the site.
3. The facility, including both existing and new facilities,
shall comply with applicable air pollution control requirements of
the Puget Sound Air Pollution Control Agency, including both
procedural and substantive standards.
4. A copy of the current Spill Prevention Control and
Countermeasure Plan (SPCCP) for the new facilities required by
the Puget Sound Air Pollution Control Agency shall be on file with
the DCDDepartment.
(Ord. 1769 §4 (part), 1996)
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TITLE 18 — ZONING
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
18.70.060
18.70.070
18.70.080
18.70.090
18.70.100
18.70.110
18.70.120
18.70.130
CHAPTER 18.70
NONCONFORMING LOTS,
STRUCTURES AND USES
Purpose
Construction Approved Prior to Adoption of Title
Substandard Lots
Nonconforming Uses
Nonconforming Structures
Repairs and Maintenance
Building Safety
Nonconforming Parking Lots
Nonconforming Landscape Areas
Conditional and Unclassified Uses
Nonconforming Adult Entertainment Establishment
Sidewalk Dedication
Cargo Containers
18.70.010 Purpose
A. It is the purpose of this chapter to establish limitations on
the expansion and extension of nonconforming uses and
structures which adversely affect the development and
perpetuation of desirable residential, commercial, and industrial
areas with appropriate groupings of compatible and related uses.
(Ord. 1819 §1 (part), 1997)
18.70.020 Construction Approved Prior to Adoption of
Title
A. To avoid undue hardship, nothing in this title shall be
deemed to require a change in plans, construction or designated
use of any building on which actual construction was lawfully begun
prior to adoption of this title and upon which actual building
construction has been carried on in a diligent manner. —_Actual
construction shall consist of materials in permanent positions and
fastened in a permanent manner, and demolition, elimination and
removal of one or more existing structures in connection with such
construction; providing, that actual construction work shall be
diligently carried on until the completion of the structure involved.
in.a 1c1e e14....wk1oe74
18.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which does not meet
the minimum standard for average lot width and/or minimum lot
area for the zone in which it is located, may still be developed,
without the need for a variance, as a separate lot if the proposed
use is one which is permitted in the zone, and the proposed
development can comply with the remaining requirements of this
title regarding basic development standards for the applicable zone
and other applicable land use and environmental requirements.
B. -Nothing in this subsection shall be deemed to prevent
the owner of a sub -standard lot from applying for or receiving
approval of variances pursuant to TMC Chapter 18.72.
{Ord. 2718 §5, 2023; Ord. 2153 §1, 2007; Ord. 2097 §21, 2005)
18.70.040 Nonconforming Uses
A. 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.
Prged by the City of Tukwila, City Clerk's Office
Page 18-253
TITLE 18 — ZONING
(Ord. 2500 §31, 2016; Ord. 1819 §1 (part), 1997)
18.70.050 Nonconforming Structures
A. Where a lawful structure exists at the effective date of
adoption of this title that could not be built under the terms of this
title by reason of restrictions on area, development area, height,
yards or other characteristics of the structure, it may be continued
so long as the structure remains otherwise lawful subject to the
following provisions:
1. No such structure may be enlarged or altered in such
a way that increases its degree of nonconformity. Ordinary
maintenance of a nonconforming structure is permitted, pursuant
to TMC Section 18.70.060, including but not limited to painting, roof
repair and replacement, plumbing, wiring, mechanical equipment
repair/replacement and weatherization. These and other
alterations, additions or enlargements may be allowed as long as
the work done does not extend further into any required yard or
violate any other portion of this title. Complete plans shall be
required of all work contemplated under this section.
2. Should such structure be destroyed by any means to
an extent of more than 50% of its replacement cost at time of
destruction, in the judgment of the City's Building Official, it shall
not be reconstructed except in conformity with provisions of this
title, except that in the LDR zone, structures that are
nonconforming in regard to yard setbacks or sensitive area buffers,
but were in conformance at the time of construction may be
reconstructed to their original dimensions and location on the lot.
3. Should such structure be moved for any reason or
any distance whatsoever, it shall thereafter conform to the
regulations for the zone in which it is located after it is moved.
4. When a nonconforming structure, or structure and
premises in combination, is vacated or abandoned for 24
consecutive months, the structure, or structure and premises in
combination, shall thereafter be required to be in conformance with
the regulations of the zone in which it is located. Upon request of
the owner, the City Council may grant an extension of time beyond
the 24 consecutive months.
5. If a primary structure on a property is demolished but
nonconforming accessory structures remain, a primary permitted
use on the site must be applied for within one year or remaining
accessory structures will need to be demolished. =A performance
bond or financial security equal to 150% of the cost of labor and
materials required for the demolition of accessory structures shall
be submitted prior to City acceptance of project of primary structure
demolition.
6. Residential structures and uses located in any single-
family or multiple -family residential zoning district and in existence
at the time of adoption of this title shall not be deemed
nonconforming in terms of bulk, use, or density provisions of this
title. Such buildings may be rebuilt after a fire or other natural
disaster to their original dimensions and bulk, but may not be
changed except as provided in the non -conforming uses section of
this chapter.
7. Single-family structures in single- or multiple -family
residential zone districts that have legally nonconforming building
setbacks, shall be allowed to expand the ground floor only along
the existing building line(s), so long as the existing distance from
the nearest point of the structure to the property line is not reduced,
and the square footage of new intrusion into the setback does not
exceed 50% of the square footage of the current intrusion.
8. In wetlands, watercourses and their buffers, existing
structures that do not meet the requirements of the Critical Areas
Overlay District chapter of this title may be remodeled,
reconstructed or replaced, provided that:
a. The new construction does not further intrude into
or adversely impact an undeveloped critical area or the required
buffer, except where an interrupted buffer waiver has been granted
by the Director. -_However, legally constructed buildings, other than
accessory structures, may:
(1) Expand vertically to add upper stories in
exchange for buffer enhancement, provided no significant tree is
removed.
(2) Expand laterally along the building side
that is opposite of critical area up to a maximum of 1,000 square
feet, provided that expansion is outside 75 percent of the required
buffer; buffer enhancement is proposed; and no significant tree is
removed.
(3) Expand laterally along the existing building
lines in exchange for buffer enhancement, provided the expansion
into the buffer is less than 50 percent of the current encroachment
or 500 square feet, whichever is less; expansion is outside 75
percent of the required buffer; and no significant tree is removed.
(4) Enclose within existing footprint in
exchange for buffer enhancement, provided no significant tree is
removed.
b. The new construction does not threaten the public
health, safety or welfare.
c. The structure otherwise meets the requirements
of this chapter.
9. In areas of potential geologic instability, coal mine
hazard areas, and buffers, as defined in the Critical Areas Overlay
District chapter of this title, existing structures may be remodeled,
reconstructed or replaced, provided that:
a. The new construction is subject to the
geotechnical report requirements and standards of TMC Sections
18.45.120.B and 18.45.120.C;
b. The new construction does not threaten the public
health, safety or welfare;
c. The new construction does not increase the
potential for soil erosion or result in unacceptable risk or damage
to existing or potential development or to neighboring properties;
and
d. The structure otherwise meets the requirements
of this chapter.
Produced by the City of Tukwila, City Clerk's Office
Page 18-25189
TITLE 18 — ZONING
{Ord. 2678 §21, 2022; Ord. 2625 §66, 2020; Ord. 2518 §15, 2016;
18.70.060 Repairs and Maintenance
A. If any building is devoted in whole or in part to any
nonconforming use, work may be done in any period of twelve
consecutive months on ordinary repairs, or on repair or
replacement of nonbearing walls, fixtures, wiring or plumbing to an
extent not exceeding 25% of the current replacement value of the
building.
18.70.070 Building Safety
A. Nothing in this title shall be deemed to prevent the
strengthening or restoring to a safe condition of any nonconforming
building or part thereof declared to be unsafe by order of any City
official charged with protecting the public safety.
B. Alterations or expansion of a nonconforming use which
are required by law or a public agency in order to comply with public
health or safety regulations are the only alterations or expansions
allowed.
(Ord. 1819 §1 (part), 1997)
18.70.080 Nonconforming Parking Lots
A. Nothing contained in the Off-street Parking and Loading
Regulations chapter of this title shall be construed to require a
change in any aspect of a structure or facility covered thereunder
including, without limitation, parking lot layout, loading space
requirements and curb -cuts, for any structure or facility which
existed on the date of adoption of this title.
B. If a change of use takes place, or an addition is proposed,
which requires an increase in the parking area by an increment less
than 100%, the requirements of the Off-street Parking and Loading
Regulations chapter of this title shall be complied with for the
additional parking area.
C. If a change of use takes place, or an addition is proposed,
which requires an increase in the parking area by an increment
greater than 100%, the requirements of the Off-street Parking and
Loading Regulations chapter of this title shall be complied with for
the entire parking area.
(Ord. 1819 §1 (part), 1997)
18.70.090 Nonconforming Landscape Areas
A. Adoption of the landscaping regulations contained in this
title shall not be construed to require a change in the landscape
improvements for any legal landscape area which existed on the
date of adoption of this title, unless and until a change of use or
alteration of the structure requiring design review approval is
proposed (see TMC Chapter 18.60).
B. At such time as a change requiring design review
approval is proposed for a use or structure, and the associated
premises does not comply with the landscape requirements of this
title, a landscape plan which conforms to the requirements of this
title shall be submitted for approval along with the design review
application. _The BAR (or DCD Director in the case of
administrativc design review) may modify the standards imposed
by this title when, in their judgment, strict compliance with the
landscaping standards of this code would create substantial
practical difficulties, the existing and proposed additional
landscaping and screening materials together will adequately
screen or buffer possible use incompatibilities, soften the barren
appearance of parking or storage areas, and/or adequately
enhance the premises appropriate to the use district and location
of the site.
(Ord. 2005 §19, 2002; Ord.1872 §15, 1999;
Ord. 1819 §1 (part), 1997)
18.70.100 Conditional and Unclassified Uses
A. A legal use does not become nonconforming because the
zone in which it is located is changed to a zone which requires a
conditional or unclassified use permit for the use, or because the
use is changed from an allowed use to a conditional or unclassified
use within the same zone; provided, however, the use may not be
expanded nor may buildings be enlarged, altered or modified
without first obtaining a conditional or unclassified use permit if
required pursuant to requirements of TMC Chapters 18.64 or
18.66.
(Ord. 1819 §1 (part), 1997)
18.70.110 Nonconforming Adult Entertainment
Establishments
A. Notwithstanding any other provision of this chapter, any
adult entertainment use or establishment which is rendered
nonconforming by the provisions of any ordinance of the City shall
be terminated or discontinued within 90 days from the effective
date of that ordinance.
1. The owner or operator of any adult entertainment use
or establishment which is rendered nonconforming by the
provisions of any ordinance of the City may appeal the 90-day
termination provision of this section by filing a notice of appeal with
the City Clerk within 60 days of the effective date of this section.
2. Within ten days of receipt of a notice of appeal, the
City Clerk shall schedule a hearing on the appeal before a hearing
examiner. —_The hearing shall be no later than 20 days from the
date of receipt by the City of the notice of appeal, unless extended
by mutual agreement of the parties. —_The hearing examiner shall
be the City Clerk or his/her designee.
3. Within ten days, excluding weekends and holidays
recognized by the City, from the date of the hearing on an appeal
under this section, the hearing examiner shall issue a written
decision, which shall set forth the hearing examiner's findings of
fact and conclusions of law. —_The hearing examiner shall consider
the following factors and any other factors that he/she determines
to be relevant or helpful in reaching a decision:
a. The harm or hardship to the appellant caused by
the 90-day termination provision of this section;
b. The benefit to the public to be gained from
termination of the use;
Prged by the City of Tukwila, City Clerk's Office
Page 18-255
TITLE 18 — ZONING
c. The nature of the leasehold or other ownership
interest that an appellant may have in premises occupied by the
adult entertainment use;
d. Restrictions or lack of same imposed on an
appellant's use of such premises by a lease or other binding
agreement;
e. Amounts expended by an appellant for
improvements to such premises or for necessary equipment and
the extent to which those amounts have been recovered through
depreciation, tax savings, or whether such improvements are
contemplated to be left as property of the lessor; and
f. Any clear evidence of substantial economic harm
caused by enforcement of the 90-day termination provision of this
section.
4. Any appeal of the 90-day termination provision filed
pursuant to this section shall be classified as a Type 1 decision to
be rendered by the Hearing Examiner pursuant to the provisions of
TMC Chapters 18.104 and 18.108.
(Ord. 1819 §1 (part), 1997)
18.70.120 Sidewalk Dedication
A. No building setback or landscape area on the subject lot
at the time of donation or easement to the City for sidewalk
purposes shall become nonconforming by reasons of such
donation or easement.
(Ord. 1819 §1 (part), 1997)
18.70.130 Cargo Containers
A. All cargo containers that have been installed in the LDR,
MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC or C/LI zones
as of April 15, 2002 must either receive Type 2 special permission
approval or be removed by April 15, 2003.—_Criteria for approval
are as follows:
1. Only one cargo container will be allowed per lot.
2. The cargo container is sufficiently screened from
adjacent properties, parks, trails and rights -of -way, as determined
by the Director. -_Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind,
between or within buildings.
3. If located adjacent to a building, the cargo container
must be painted to match the building's color.
4. Cargo containers may not occupy any required off-
street parking spaces.
5. Cargo containers shall meet all setback requirements
for the zone.
6. Outdoor cargo containers may not be stacked.
B. All containers so approved will be considered legal
structures and may remain in place so long as the location and
screening are not altered. —_If an approved cargo container is
moved off a residential zoned property containing a residential use,
no new container may be moved onto the property.
(Ord. 1989 §10, 2002)
Produced by the City of Tukwila, City Clerk's Office Page 18-25 91
TITLE 18 — ZONING
CHAPTER 18.72
VARIANCES
Sections:
18.72.010 Purpose
18.72.020 Application Requirements
18.72.0320 Criteria for Granting Variance PermitApproval
18.72.0430 Conditions for Granting Extensionof Approval
18.72.050 Expirations
18.72.0/10 Application Rcquircmcnt&
18.72.0670 Prohibited Variance
18.72.010 Purpose
A. It is the purpose of this chapter to authorize, upon appeal
in specific cases,_variances from the provisions of the zoning
ordinance or other land use regulatory ordinances as the Cityof the
City. may adopt which will not be contrary to the public interest and
only where, owing to special conditions, a litcral cnforccmcnt of the
provisions of such ordinance(s) would result in unneceocary
hardship.
18.72.020 Application Requirements
A. Applications for Variances shall be processed as Type 3
decisions, subject to the provisions found at TMC 18.104.
(Ord. 1758 §1 (part), 1995)
18.72.0320 Criteria for GrantimaNariance
PermitApproval
A. The Hearing Examiner shall consider all requests for
variances. from the Zoning Code; vVariances 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.
7. If the proposal is a variance from the requirements of
Title 19 (Sign and Visual Communication Code), the granting of
such variance shall result in greater convenience to the public in
identifying the business location for which a variance is sought.
(Ord. 2500 §32, 2016; Ord. 1796 §3 (part), 1997;
Ord. 1758 §1 (part), 1995)
Prgced by the City of Tukwila, City Clerk's Office
Page 18-257
TITLE 18 — ZONING
18.72.0430 Conditions of Approval
Extension
A. In authorizing the variance, the Hearing Examiner may
attach thereto such conditions that it deems to be necessary or
desirable in order to carry out the intent and purposes of this
chapter and in the public interest. A variance so authorized shall
become void after they expiration of one year nr a longer period as
specified at the time of the Hearing Examiner action, if no building
permit has been issued in accordance with the plans for which such -
variance was authorized, except that the Hearing Examiner may
extend the period of variance authorization without a public hearing
for a period not to exceed twelve months upon a finding that thcro
has been no basic change in pertinent conditions surrounding the
property since the time of the original approval.
(Ord. 1796 §3 (part), 1997; Ord. 1758 §1 (part), 1995)
18.72.050 Expirations
A. A variance so authorized shall become void after the
expiration of one (1) year or a longer period as specified at the
time of the Hearing Examiner action, if no building permit has
been issued in accordance with the plans for which such variance
was authorized, except that the Hearing Examiner may extend
the period of variance authorization without a public hearing for a
period not to exceed twelve (12) months upon a finding that there
has been no basic change in pertinent conditions surrounding the
property since the time of the original approva1.18.72.040
Application Requirements
An application 4e 4he Hearing Examiner for the
issuance of a variance shall be made on forms
prescribed by the DCil Alv�lll apppliGatio s h'�e
Application Fees chapteY of 7 tle All variances
shall be processed as Type 3 decisions pursuant to
TMC 18.108.030.
{Ord. 1796 §3 (part), 1997; Ord. 1770 §48, 1996;
Ord el i58 §11 (part\ 1995)
18.72.0670 Prohibited Variance
A. Under no circumstances shall the Hearing Examiner grant
a variance to permit a use not generally or conditionally permitted
in the zone involved, or any use expressly or by implication
prohibited by the terms of this Ttitle in said zone.
B. Under no circumstances shall the Hearing Examiner grant
a variance to allow a sign type that is prohibited by the terms of
Title 19 (Sign and Visual Communication Code).
(Ord. 1796 §3 (part), 1997; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office Page 18-25§93
TITLE 18 - ZONING
Prgiced by the City of Tukwila, City Clerk's Office Page 18-259
TITLE 18 — ZONING
CHAPTER 18.80
AMENDMENTS TO THE
COMPREHENSIVE PLAN AND
DEVELOPMENT -REGULATIONS
Sections:
18.80.010 Applications to Amend the Comprehensive Plan
18.80.020 Comprehensive Plan Amendment Docket
18.80.030 Notice and Comment
18.80.040 Review Procedure for Comprehensive Plan Docket
Requests
Staff Report
18.80.050 Decision CriteriaReview Procedure for
Comprehensive Plan Dockct Requests
18.80.060 Staff Report
18.80.070 Planning Commission Recommendation
18.80.080 Council Decision
18.80.010 Applications to Amend the Comprehensive
Plan
A. Any interested person (including applicants, residents,
City staff and officials, and staff of other agencies) may submit an
application for an text amendmentAmendment to the
Comprehensive Plan to the Department.
B. Applications for Amendments to the Comprehensive Plan
shall be processed as Type 5 decisions, subject to the provisions
found at TMC 18.104. Such applications, except site specific
rezones along with the underlying Comprehensive Plan map
change, are legislative dccisions and arc not subjcct to the
requirements or procedures set forth in TMC Chapters 18.104 to
18.116. The application shall specify, in a format established by the
Department:
1. A detailed statement of what is proposed and why;
2. A statement of the anticipated impacts of thc change,
including the geographic area affected and the issues presented
by the proposed change;
3. An explanation of why the current Comprehensive Plan or
development regulations are deficient or should not continue in
effect;
/1. A statement of how the proposed amendmcnt complies
with and promotcs thc goals and specific requirements of the
Growth Management Act;
5. A statement of how the proposed amendmcnt complies
with applicable Countywide Planning Policies;
6. A statement of what changes, if any, would be required in
functional plans (i.e., the City's water, sewer, storm water or
shoreline plans) if the proposed amendment is adopted;
7. A statement of what capital improvements, if any, would
be needed to support the proposed change, and how the proposed
change will affect the capital facilities plans of the City; and
8. A statement of what other changes, if any, are required in
other City codes, plans or regulations to implement the proposed
change.
(Ord. 2717 §2, 2023; Ord. 2368 §64, 2012;
Ord. 1770 §52, 1996; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-2E195
TITLE 18 — ZONING
18.80.020 Comprehensive Plan Amendment Docket
A. Purpose : The purpose of this section is to establish
procedures, pursuant to chapter RCW 36.70A, for the review and
amendment of the Comprehensive Plan.
1. The Growth Management Act, chapter RCW 36.70A,
provides that the Comprehensive Plan amendments be considered
no more than once a year with limited exceptions. The Growth
Management Act further provides that all proposals shall be
considered by the governing body concurrently so the cumulative
effect of the various proposals can be ascertained.
2. The Annual Comprehensive Plan Amendment
Review Docket ("Annual Review Docket") will establish the annual
list of proposed Comprehensive Plan amendments and related
development regulations that the City Council determines should
be included for review and consideration for any given year.
3. Placement of an amendment request on the Annual
Review Docket does not mean the amendment request will be
approved by the City Council.
B. Emergency Changes: If either the Department or the
Council determines that a proposed change is an emergency, the
Department shall prepare the staff report described below and
forward the proposed change to the Council for immediate
consideration, subject to the procedural requirements for
consideration of amendments. An emergency amendment is a
proposed change or revision that necessitates expeditious action
to address one or more of the following criteria:
1. Preserve the health, safety or welfare of the public.
2. Support the social, economic or environmental well-
being of the City.
3. Address the absence of adequate and available
public facilities or services.
4. Respond to decisions by the Central Puget Sound
Growth Management Hearings Board, the state or federal courts,
or actions of a state agency or the legislature.
C. Docket Submittal Timeline: Non -emergent'
applications to be considered during each year's Annual Review
Docket shall be submitted by 5:00 p.m. on the first Monday of
August of the preceding year. Any application received after the
submittal deadline shall be considered during the following year's
Annual Review Docket. Non emergency changes shall be
compiled and submitted to the Council for review on an annual
basis to establish items to be included on the annual docket, and
so that cumulative effects of the proposals can be determined.
Proposed changes received by the Department after January 1 of
any y r shall be held over for the following y is review, unlesc
the Department determines the proposed change is an emergency.
(Ord. 2717 §4, 2023; Ord. 2071 §1, 2004;
Ord. 1770 §54, 1996; Ord. 1758 §1 (part), 1995)
18.80.030 Notice and Comment
A. The docket of proposed changes shall be posted on the
Department's of Community Development's website and made
available to any interested person. Notice shall be provided
pursuant to TMC 18.104.160.At least 28 days prior to the Council',
annual consideration of the changes proposed on the docket, the
City shall publish a notice in a newspaper of general circulation in
the City, generally describing the proposed changes including
areas affected, soliciting written public input to the Department on
the proposed changes, and identifying the date on which the
Council will consider the proposed changes.
(Ord. 2717 §5, 2023; Ord. 1758 §1 (part), 1995)
18.80.040 Review Procedure for Comprehensive Plan
Docket Requests
A. Within the first quarter of each year, the Council will
consider the following regarding whether or not to add an
application to the Annual Review Docket:
1. Alignment with work plan items.
2. Budget and staff availability to complete a full review
of the proposal.
3. Consistency with the City's current policies and
programmatic priorities.
B. The Director shall review, assess, and prepare a
recommendation for each request on the Annual Review Docket
based on the considerations found at TMC 18.80.040(A)(1-3).
C. Following Council consideration, the Council shall take
action as follows:
1. Add the proposed amendment to the Annual Review
Docket;
2. Defer further Council consideration for one or more
years to allow the City further time to evaluate the application of
the existing plan or regulations and consider it as part of a future
Annual Review Docket; or
3. Reject the proposed amendment.
Prged by the City of Tukwila, City Clerk's Office
Page 18-261
TITLE 18 — ZONING
18.80.050 Decision Criteria
A. The following criteria shall be used for the Planning
Commission's recommendation and the City Council's decision on
an application on the Annual Review Docket:
1. Is the amendment consistent with the
Comprehensive Plan?
2. Does the amendment meet at least one of the
following criteria:
a. Eliminates conflicts between TMC and the
Comprehensive Plan; or
b. Accomplishes policy directives of the Council or
Administration; or
c. Corrects errors in the Comprehensive Plan.
18.80.060 Staff Report
A. Prior to Planning Commission and Council consideration
of any proposed amendment to the Comprehensive Plan, the
Director shall prepare a report that analyzes and considers each
proposal for conformance with the decision criteria detailed in TMC
18.80.050.
18.80.070 Planning Commission Recommendation
A. Following the public hearing, the Planning Commission
will consider the decision criteria found at TMC 18.80.050 in
deciding what recommendation to make to the City Council.
A. At least 14 days pPrior to Planning Commission and
Council consia oed amendment to the
Comprehensive Plan, the Department shall prepare and submit to
the Council a staff report that analyzes and considers each
proposal for conformance with the decisions riteria detailed in TMC
18.80.050. addresses _the following:
1. An evaluation of the application material;
2. Impact upon the Tukwila Comprehensive Plan and
zoning code;
3. Impact upon surrounding properties, if applicable;
�. Alternatives to the proposed amendment; and
5. Appropriate code citations and other relevant
documents.
B. The Department's Director'report shall transmit a copy of
the application for each proposed amendment, any written
comments on the proposals received by the Department, and shall
contain the Department's Director'srecommendation on adoption,
rejection, or deferral of each proposed change.
{Ord. 2717 §6, 2023; Ord. 1758 §1 (part), 1995)
18.80.0 Review,Proced prehensive an
Docket -Requests
A. The City Council shall consider each request for an
amendment to the Comprehensive Plan at a Council meeting, at
which any person may submit a written comment on the proposed
change or make an oral presentation. Such opportunities for oral
presentation shall be subject to reasonable timc limitations
cstablishcd by thc Council.
B. The Council will consider thc following in deciding what
action to take regarding any proposed amendment:
1. Is the issue already adequately addressed in the
Comprehensive Plan?
2. If the issue is not addresscd in thc Comprehensive
Plan, is there a public need for the proposed change?
3. Is the proposed change the best means for meeting
the identified public need?
/1. Will the proposed change result in a net benefit to the
community?
C. Following Council consideration as provided by TMC
Sections 18.80.050.A and 18.80.050.B, the City Council shall take
action as follows:
1. Add the proposed amendment to the Annual Review
Docket and refer it to the Planning Commission for further review
and a recommendation to the City Council;
2. Defer further Council consideration for one or more
years to allow the City further time to eval late the application of
the existing plan or regulations and consider it as part of a future
Annual Review Docket; or
3. Reject the proposed amendment.
(Ord. 2717 §7, 2023; Ord. 2368 §66, 2012; Ord. 1856 §1, 1998;
Ord. 1770 §55, 1996; Ord. 1758 §1 (part), 1995)
18.80.0860 Council Decision
A. Following receipt of the Planning Commission's
recommendation on a proposcd amendment rcfcrrcd to thc
Commic•sion, the City Council shall hold a public hearing on the
proposal_, for which public notice has been provided as required
under the Public Notice of Hearing chapter of this title.
B. The City Council shall consider the criteria found at TMC
18.80.050, as well as the recommendation of the Director and the
Planning Commission, when making a decision on a proposed
amendment.
C. Pursuant to the decision processes found at TMC
18.108.050, the Following the public hearing, the City Council
mayshall:
1. adopt the amendment as proposed; or
2. modify and adopt the proposed amendment; or
3. reject the proposed amendment.
{Ord. 1856 §2, 1998; Ord. 1758 §1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
Page 18-20397
TITLE 18 — ZONING
CHAPTER 18.82
AMENDMENTS TO DEVELOPMENT
REGULATIONS
Sections:
18.82.010 Application
18.82.020 Decision Criteria
18.82.030 Staff Report
18.82.030 Review Procedures
18.82.040 Council Decision
18.82.010 Application
A. Any interested person (including applicants, residents,
City staff and officials, and staff of other agencies) may submit an
application for a text amendment to the Tukwila Municipal Code
development regulations to the Department. Such applications are
legislative decisions and are not subject to the requirements or
procedures set forth in TMC Chapters 18.104 to 18.116. The
application shall specify, in a format established by the
Department:
B. Applications for Amendments to Development
Regulations shall be processed as Type 5 decisions, subject to the
provisions found at TMC 18.104.1.A detailed statement „f what
is proposed and why;
2. A statement of the anticipated impacts of the change,
including the geographic area affected and the issues presented
by the proposed change;
3. An explanation of why the current regulations are deficient
or should not continue in effect;
'1. A statement of what changes, if any, would be required in
functional plans (Le., the City's water, sewer, stormwater or
shoreline plans) if the proposed amendment is adopted;
5. A statement of what capital improvements, if any, would
be needed to support the proposed change, and how the proposed
6. A statement of what other changes, if any, are required in
other City codes plans or regulations to implement the proposed
change.
{Ord. 2717 §9, 2023)
18.82.020 Staff -Report Criteria
A. The following criteria shall be used to review an
amendment to development regulations:
1. Is the amendment consistent with the
Comprehensive Plan?
2. Does the amendment meet at least one of the
following criteria:
a. Eliminates conflicts between TMC and the
Comprehensive Plan; or
b. Accomplishes policy directives of the Council or
Administration; or
c. Corrects an error or errors in the TMC.
18.82.030 Staff Report
A. Prior to consideration of any proposed amendment, the
Department shall prepare and submit to the reviewing body a staff
report that addresses the following:
1. An evaluation of the application materials;
2. Impact upon the Tukwila Comprehensive Plan and
Zoning Code;
3. Impact upon surrounding properties, if applicable;
4. Alternatives to the proposed amendment; and
5. Appropriate code citations and other relevant
documents.
B. The Department's report shall transmit a copy of the
application for each proposed amendment, any written comments
on the proposals received by the Department, and shall contain the
Department's recommendation on adoption, rejection, or deferral
of each proposed change.
(Ord. 2717 §10, 2023)
Prged by the City of Tukwila, City Clerk's Office
Page 18-263
TITLE 18 — ZONING
18.82.0430 Review Procedures
The following shall apply to processing a text amendment to
development regulations:
1. The City Council shall decide whether the Council
shall review or reject the amendment, or direct the Planning
Commission to review the amendment.cithcr forward thc
amendment to the Planning Commission for a recommendation or
reject the amendment.
2. If the Planning Commission is directed to review the
amendment, the Planning Commission shall, after considering the
amendment at a public hearing, vote and forward a written
recommendation to the City Council.
3. The Planning Commission's written recommendation
shall be presented to the City Council unchanged and
accompanied by an Informational Memorandum that includes any
staff proposed changes to the Planning Commission's
recommendation. If any of staff's proposed changes are
substantively different from the Planning Commission's
recommendation, the City Council may remand the changes to the
Planning Commission before proceeding further with action on the
amendment.
4. At least one public hearing shall be held before thc
Planning Commission prior to the City Council acting on an
amendment. The public hearing may be held before the Planning
Commission or the City Council, or both. An additional hearing
before the City Council may be held at the Council's discretion.
5. At least 14 days prior to thc public hearing, the City
shall publish a notice in the City's newspaper of record generally
describing the proposed changes including areas affected,
soliciting written public input to the Department on the proposed
will be considered.
(Ord. 2717 §11, 2023)
18.82.0540 Council Decision
Following receipt of the Planning Commiccion's
recommendation on a proposed amendment the The City Council
may:
1. Adopt the amendment as proposed; or
2. Modify and adopt the proposed amendment; or
3. Remand Forward to the Planning Commission for
further proceedings; or
4. Deny the proposed amendment.
{Ord. 2717 § 12, 2023)
Produced by the City of Tukwila, City Clerk's Office Page 18-26 99
TITLE 18 — ZONING
CHAPTER 18.84
REQUESTS FOR CHANGES IN
GAMENDMENTS TO THE ZONING AND
COMPREHENSIVE PLAN MAPS
Sections:
18.84.010 Application Submittal
18.84.020 Review Procedures
18.84.015 Documents to be Submitted with Application
18.84.0320 Decision Criteria
18.84.030 Conditions on Rezone Approvals
18.84.040 Council Decision
18.84.010 Application Submittal
A. Any interested person (including applicants, residents,
City staff and officials, and staff of other agencies) may submit an
application to rezone a property via an amendment to the Zoning
and Comprehensive Plan Maps to the Department.
B. Applications for amendments to the Zoning and
Comprehensive Plan Maps shall be processed as Type 5
decisions, subject to the provisions found at TMC
18.104.Applications for rezone of property, along with the request
for a Comprehensive Plan map change, shall be submitted to the
Department. Proposed changes received by the Department after
January 1 of any year shall be held over for the following ygar's
review. A site specific rezone and the accompanying
Comprehensive Plan map change application shall be a Type 5
decision processed in accordance with the provisions of TMG
Section 18.108.050.
{Ord. 2717 §13, 2023; Ord. 2368 §67, 2012; Ord. 2116 §1
{part), 2006)
A. Applications for rezones and the accompanying
Comprehensive Plan map change shall provide the following
doc uments in such g antities as are specified by the Department.
1. An application form provided by the Department.
2. King County Assessor's map(s) which show the
location of each property within 300 feet of thc property that is the
subject of the proposed amendment.
3. Two sets of mailing labels for all property owners and
occupants (businesses and residents), including tenants in multiple
occupancy structures, within 300 feet of the subject property, or
pay a fee to the City for generating mailing labels.
4. A vicinity map showing the location of the site.
5. A surrounding area map showing Comprehensive
Plan designations, zoning designations, shoreline designations, if
applicable, and existing land uses within a 1,000 foot radius from
the site's property lines.
6. A site plan, including such details as may be required
by the Department.
7. A landscaping plan, including such details as may be
required by the Department.
8. Building elevations ef-propesed structures, including
such details as may be required by the Department.
9. Such photomaterial transfer or photostat of the maps,
site plan and building elevation, including such details as may be
required by the Department.
10. Such other information as thc applicant determines
may be helpful in evaluating the proposal, including color
renderings, economic analyses, photos, or material sample
boards.
B. The Department shall have the authority to waive any of
the requirements of this section for proposed amendments when,
would not be useful to consideration of the proposed amendment.
inr,r 2368 Rau O42)
18.84.020 Review Procedures
A. Applications for amendments to the Zoning and
Comprehensive Plan Maps shall be subject to TMC 18.80.020
through TMC 18.80.040.
18.84.0230 Decision Criteria
A. Each determination granting or denying an rezone and
amendment to the Zoning
and Comprehensive Plan Maps change shall be supported by
written findings and conclusions, showing specifically that all of the
following conditions exist or explaining why such conditions do not
exist:
1. The proposed amendment to the Zoning Maps is
consistent with the goals, objectives, and policies of the
Comprehensive Plan; and
2. The proposed amendment to the Zoning Maps is
consistent with the scope and purpose of TMC Title 18, "Zoning
Code," and the description and purpose of the zone classification
applied for; and
3. There are changed conditions since the previous
zoning became effective to warrant the proposed amendment to
theZMaps; and
4. The proposed amendment to theZMaps will be
in the greater public interest of furtherance of the public health,
safety, comfort, convenience and general welfare, and will not
adversely affect the surrounding neighborhood, nor be injurious to
other properties in the vicinity in which the subject property is
located.
{Ord. 2368 §69, 2012; Ord. 2116 §1 (part), 2006}
The City Council shall have the authority to impose conditions
and safeguards as it dccms necessary to protcct or enhance the
health, safety and wclfarc of thc surrounding ar , and to ensure
that the rezone fully meets the findings set forth in TMC 18.84.020.
Pm:Wed by the City of Tukwila, City Clerk's Office
Page 18-265
TITLE 18 — ZONING
18.84.040 Council Decision
A. After holding a public h aring and evaluating the
application against thc criteria at TMC Section 18.84.020, Tthe City
Council may:
1. Adopt the rezone and map amendment as proposed;
or
2. Modify or condition the proposed rezone and map
amendment; or
3. Deny the proposed rezone and map amendment.
B. Action under TMC Chapter 18.84, which amends the
official Zoning Map, shall require the adoption of an ordinance by
the City Council pursuant to the Tukwila Municipal Code and State
law. Due to the Growth Management Act, RCW 36.70A, whicb
provides that Comprehensive Plan amendments be considered no
more frequently than oncc a y r, any rczonc ordinancc must bo
adopted by thc Council concurrently with action on the Annual
Review Docket items.
(Ord. 2717 §14, 2023; Ord. 2116 §1(part), 2006)
Produced by the City of Tukwila, City Clerk's Office Page 18-26401
TITLE 18 — ZONING
CHAPTER 18.86
DEVELOPMENT AGREEMENTS
Sections:
18.86.010 Development Agreements - Authorized
18.86.020 "Development Standards" Defined
18.86.030 Development Standards, Flexibility
18.86.040 Exercise of City Police Power and Contract
Authority
18.86.050 Form - Public Hearing Required
18.86.060 Conditions of Approval
18.86.070 Recording
18.86.080 Discretionary, Legislative Act
18.86.010 Development Agreements - Authorized
A. The City may enter into a development agreement with a
person having ownership or control of real property within its
jurisdiction. -_The City may enter into a development agreement for
real property outside its boundaries as part of a proposed
annexation or a service agreement. A development agreement
must set forth the development standards and other provisions that
shall apply to and govern and vest the development, use, and
mitigation of the development of the real property for the duration
specified in the agreement.
{Ord. 2378 §2, 2012)
18.86.020 "Development Standards" Defined
A. For purposes of this chapter, the term "development
standards" means and includes, but is not limited to:
1. Project elements such as permitted uses, residential
densities, and non-residential densities and intensities or building
sizes;
2. The amount and payment of impact fees imposed or
agreed to in accordance with any applicable provisions of state law,
any reimbursement provisions, other financial contributions by the
property owner, or dedications;
3. Mitigation measures, development conditions, and
other requirements under chapter RCW 43.21 C_RGW;
4. Design standards such as maximum heights,
setbacks, drainage and water quality requirements, landscaping,
and other development features;
5. Parks and open space preservation;
6. Phasing;
7. Review procedures and standards for implementing
decisions;
8. A build -out or vesting period for applicable standards;
and
9. Any other development requirement or procedure
deemed appropriate by the City Council.
(Ord. 2378 §3, 2012)
18.86.030 Development Standards, Flexibility
A. A development agreement shall be consistent with
applicable development regulations to the fullest extent possible;
provided, a development agreement may allow development
standards different from those otherwise imposed under the
Tukwila Municipal Code in order to provide flexibility to achieve
public benefits, respond to changing community needs, or en-
courage modifications which provide the functional equivalent or
adequately achieve the purposes of otherwise applicable City
standards. -_Any approved development standards that differ from
those in the Code shall not require any further zoning re-
classification, variance from City standards or other City approval
apart from development agreement approval. -_The development
standards as approved through a development agreement shall
apply to and govern the development and implementation of each
covered site in lieu of any conflicting or different standards or
requirements elsewhere in the Tukwila Municipal Code.
Subsequently adopted standards that differ from those of a
development agreement adopted by the City as provided in this
chapter shall apply to the covered development project only where
necessary to address imminent public health and safety hazards
or where the development agreement specifies a time period or
phase after which certain identified standards can be modified.
Determination of the appropriate standards for future phases that
are not fully defined during the initial approval process may be
postponed. -_Building permit applications shall be subject to the
building codes/regulations/ordinances and fire codes/
regulations/ordinances in effect when the permit is applied for.
(Ord 2378 §4 2012)
18.86.040 Exercise of City Police Power and Contract
Authority
A. As provided in RCW 36.706.170(4), the execution of a
development agreement is a proper exercise of the City's police
power and contract authority. —_Accordingly, a development
agreement may obligate a party to fund or provide services,
infrastructure, or other facilities. -_A development agreement shall
reserve authority to impose new or different regulations to the
extent required by a serious threat to public health and safety.
(Ord. 2378 §5, 2012}
18.86.050 Form — Public Hearing Required
A. Development agreements shall be consistent with RCW
36.706.170 through 36.70B.210.-_AII development agreements
shall be in a form and content as approved by the City Attorney.
Development agreements shall be approved by ordinance or
resolution and shall be subject to review and approval by the City
Council after a duly noticed public hearing pursuant to RCW
36.70B.200.
(Ord. 2378 §6, 2012)
Proved by the City of Tukwila, City Clerk's Office
Page 18-267
TITLE 18 — ZONING
1
18.86.060 Conditions of Approval
A. In approving a development agreement, conditions of
approval shall at a minimum establish:
1. A site plan for the entire project, showing locations of
sensitive areas and buffers, required open spaces, perimeter
buffers, location and range of densities for residential
development, and location and size of non-residential
development;
2. The expected build -out time period for the entire
project and the various phases, if proposed;
3. Project phasing, if proposed, and other project -
specific conditions to mitigate impacts on the environment, on
public facilities and services including transportation, utilities,
drainage, police and fire protection, schools, and parks;
4. Road and storm water design standards that shall
apply to the various phases, if proposed, of the project;
5. Bulk design and dimensional standards that shall be
implemented throughout subsequent development within the
project;
6. The size and range of uses authorized for any non-
residential development within the project; and
7. Any sewer and/or water comprehensive utility plans
or amendments required to be completed before development can
occur.
8. Any other item deemed necessary by the City
Council.
{Ord. 2378 §7, 2012)
18.86.070 Recording
A. A development agreement shall be recorded with the real
property records of the county in which the property is located
pursuant to RCW 36.70B.190.
(Ord. 2378 §8, 2012)
18.86.080 Discretionary, Legislative Act
A. The decision of the City Council to approve or reject a
request for a development agreement shall be a discretionary,
legislative act.
{Ord. 2378 §9, 2012)
Produced by the City of Tukwila, City Clerk's Office Page 18-26403
TITLE 18 — ZONING
CHAPTER 18.88
APPLICATION FEES
Sections:
18.88.010 Application Ffees
18.88.020 Affordable Housing Fee Reductions
18.88.010 Application Fees
A. Land use application fees and charges shall be paid at
the time an application or request is filed with the City.—_AII fees
and charges shall be per the Land Use Fee Schedule most recently
adopted by the City Council.
(Ord. 1994 §1, 2002; Ord. 1971 §20, 2001;
Ord. 1834 §6, 1998; Ord. 1758 §1 (part), 1995)
18.88.020 Affordable Housing Fee Reductions
A. Design review, reasonable use exception,
plattingsubdivision, planned residential development, SEPA,
conditional use, and shoreline permit fees, for the entitlement of
dwelling units, may be reduced by the DCD Director when
requested in writing by the property owner prior to permit submittal
and when all of the following conditions are met:
1. Fee reduction table.
Unit Size
Affordability Target 1
Fee Reduction
2 or more bedrooms
80% 2
40%
2 or more bedrooms
60% 2
60%
Any size
50% 2
80%
1 — Units to be sold or rented to a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed
30% of the household's monthly income.
2 — Percentage of King County Median family income adjusted for
family size as reported by the U.S. Department of Housing and Urban
Development.
2. If the project contains a mix of dwelling units that
qualify for fee reduction per the table in subparagraph 1 above and
units that do not qualify due to unit size or expense, the fee
reduction shall be pro -rated to reflect the proportion of low-income
units in the project.
3. If converted to market rate housing within 10 years of
the issuance of the Certificate of Occupancy, the full applicable
permit fees at the time of conversion shall be paid to the City.
4. If the project contains commercial tenant space that
occupies more than 15% of the building, along with dwelling units
that qualify for fee reduction per the table in subparagraph 1 above,
the fee reduction shall be pro -rated to reflect the proportion of the
total building square footage occupied by the low-income units.
Commercial spaces that occupy less than 15% of the building are
considered accessory and will not affect the fee reduction.
{Ord. 2520 §3, 2016)
CHAPTER 18.90
APPEALS
Sections:
18.90.010 App Is from Decisions or Interpretations of the
Director
18.90.040 Appeals from Decisions of the City Council
18.90.010 Appeals from Decisions or Interpretations of
the Director
A. Any person aggrieved by any interpretation of this title by
the Director may appeal the Director's interpretation to the Hearing
Examiner. Any such appeal shall be a Type 2 decision and shall
be processed pursuant to TMC 18.108.020.
B. At the time the appeal is filed, the appealing party shalt
pay an appeal fee pursuant to the fee schedule.
{Ord. 2120 §3, 2006; Ord. 1796 §3 (part), 1997;
Ord. 1770 §62, 1996; Ord. 1758 §1 (part), 1995)
The action of the City f o incil on ell matters shall he final and
conclusive unless, within ten days from thc datc of thc Council's
action, an applicant or an aggrieved party makes an application to
the Superior Court of King County for a writ of certiorari, a writ of
prohibition, or a writ of mandamus.
(Ord. 1758 §1 (part), 1995)
Proced by the City of Tukwila, City Clerk's Office
Page 18-269
TITLE 18 - ZONING
CHAPTER 18.96
ADMINISTRATION AND ENFORCEMENT
Sections:
18.96.010 Administrative Responsibility
18.96.020 Interpretations
18.96.030 Review of Zoning Compliance
18.96.040 Performance Bond
18.96.050 Amount of Bond, or Equivalent
18.96.060 Change in Use
18.96.070 Record of Certificates Issued
18.96.110 Penalty
18.96.120 Other Legal Action
18.96.010 Administrative Responsibility
A. The Director, as the duly authorized representative of the
Mayor, is charged with the responsibility of carrying out the
provisions of the zoning ordinance. -ye -They may be provided with
the assistance of such other persons as the Mayor may direct.
{Ord. 1758 §1 (part), 1995)
18.96.020 Interpretations
A. An interpretation of this title by the Director or the
Director's delegate may be requested in writing by any person or
may be initiated by the Director._A decision by the Director that an
issue is not subject to an interpretation request shall be final and
not subject to administrative appeal. _Any request for interpretation
shall be a Type 2 Decision filed with the Director, accompanied by
a fee according to the most recently adopted Land Use Fee
Schedule. The interpretation of the Director shall be given
substantial weight, and the burden of establishing the contrary shall
be upon the appellant.
{Ord. 2117 §1, 2006; Ord. 1758 §1 (part), 1995)
18.96.030 Review of Zoning Compliance
A. No department, official, or employee of the City shall issue
an occupancy permit until there has been endorsed thereon
certification of compliance with the applicable regulations of this
title by the Director or his their delegate. -_For the purposes of
Chapter TMC 18.96, an occupancy permit shall mean the review
and recording of zoning compliance as accomplished through the
building permit and business license application procedures.
{Ord. 2251 §74, 2009; Ord. 1758 §1 (part), 1995)
18.96.040 Performance Bond
A. The Department of Community Development may
authorize the issuance of a temporary occupancy permit
conditioned upon the subsequent completion or satisfaction of
unfulfilled requirements or regulations, or uncompleted
development proposals. —_A condition for issuance of such
temporary permit may be the posting with the City of a performance
bond or its equivalent, to insure fulfillment of all conditions to which
such permit is subject. -_The conditions to which such temporary
occupancy permit is subject shall be listed upon the permit or
attached thereto. -_No occupancy permit or certificate of occupancy
shall be issued except as hereinabove provided. -_No occupancy
permit shall be issued until all such conditions are satisfied.- If the
conditions are not satisfied within one year from the date of the
deadline specified in the temporary occupancy permit, demand
may be made by the City against the bond, or its equivalent, for
completion and performance. -_Prior to such demand being given,
the Director shall give ample notice to the person or persons
involved.
(Ord 1758 R1 (part► 1995)
18.96.050 Amount of Bond, or Equivalent
A. The performance bond, or equivalent, shall be in a form
acceptable to the City Attorney, and represent a proportion of the
fair cost estimate of the proposed development or improvement as
determined by the Director, according to the following schedule:
Fair Cost Estimate Amount of Bond
Up to $50,000 100% of estimate
$50,001 to $100,000 75% of estimate
$100,001 to $250,000 50% of estimate
$250,001 and over 25% of estimate
(Ord. 1758 §1 (part), 1995)
18.96.060 Change in Use
A. Whenever a change in use of land or structures takes
place the owner of such land or structures shall be required to
submit an application for an occupancy permit for the new use or
structures within 15 days of the date of such change in use.
Failure to do so shall be a violation of this title.
(Ord 1758 §1 (part)1995)
18.96.070 Record of Certificates Issued
A. The Director or his/hertheir delegate shall circulate a
request for an occupancy permit for a change in use to all City
departments, and shall maintain a record of all occupancy permits
issued.
(Ord. 1758 §1 (part), 1995)
18.96.110 Penalty
A. Any violation of any provision, or failure to comply with
any of the requirements of this chapter, shall be subject to
enforcement and penalties as prescribed in TMC Chapter 8.45 and
the issuance of a Notice of Violation in accordance with TMC
Section-8.45.070.
(Ord. 2549 §25, 2017; Ord. 1758 §1 (part), 1995)
18.96.120 Other Legal Action
A. Nothing herein contained shall prevent the City from
seeking such other legal or equitable remedies as may be available
to prevent or remedy any violation.
Produced by the City of Tukwila, City Clerk's Office
Page 18-2405
TITLE 18 - ZONING
(Ord. 1758 §1 (part), 1995)
Projed by the City of Tukwila, City Clerk's Office Page 18-271
TITLE 18-ZONING
CHART-ERA-M-00
STANDARDS FOR
APPROVAL OF PERMITS
SECTIONS:
18 Inn n1n DETERMINATION OF
CONSISTENCY -WITH -ADOPTED -PLANS -AND
REGULATIONS - TYPE 1 AND 2 DECISIONS
1Q�02-0—D-ETERMINATION OF
CONSISTENCY WITH ADOPTED PI ANS ANTI
REGULATIONS - APPEALS OF TYPE 2
DECISIONS
inn n3n DETERMINATION OF
CONSISTENCY WITH ADOPTED PI ANS ANTI
REGULATIONS TYPE 3, 4 AND 5 DECISIONS
18. 04n ADDITIONAL FINDINGS -
RECLASSIFICATIONS AND SHORELINE
REDESIGNATIONS
1--8 45n ADDITIONAL FINDINGS
PREI IMINARY PI ATS
181nn.n1n D TERMINATION OF
CONSISTENCY WITH ADOPTED PI ANS AND
REGULATIONS - TYPE 1 AND 2 DECISIONS
WHEN DEP�AENT ISSUES A
DECISION ON A TYPE 1 OR 2 DECISION, THE
DEPARTMENT -OR -HEARING -BODY -SHALL
DETERMINE WHETHER THE DECISION 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 RI AN THE CITY OF
vv�r�rr�z �vr�-pro ,
TUKW11 A'S DEVEI OPMENT REGU ATIONS
AND OTHER OFFICIAL LAWS, POLICIES AND
OBJECTIVES OF THE CITY OF TUKWILA.
THE DEPARTMENT IS NOT REQUIRED TO
ENTER -FINDINGS -OF -FACT -OR
CONCLUSIONS-WHEN-ISSUING-TYRE-1-AND
2 DECISIONS PROVIDED THAT FINDINGS OF
FACT AND CONCLUSIONS ARE REQUIRED
FOR -SHORELINE -SUBSTANTIAL
DEVELOPMENT —PERMITS
{ORD. 1769 §1 (PART), 1996)
18�020 DETERMINATION OC
CONSISTENCY WITH ADOPTED PI ANS ANTI
REGULATIONS - APPEALS OF TYPE 2
DECISIONS
WHEN A HEARING BODY RENDERS A
DECISION ON AN APPEAL OF A TYPE 2
DECISION THE HEARING BODY I SHA1
e
MAKE -AND -ENTER -FINDINGS -OF -FACT -AND
CONCLUSIONS -FROM -THE -RECORD -WHICH
SUPPORT THE DECISION OR
RECOMMENDATION 1GH FINDINGS ANTI
CONCLUSIONS SHALL SET FORTH AND
DEMONSTRATE THE MANNER IN WHICH THE
CONSISTENT WITH CARRIES OUT AND
HELPS IMPLEMENT APPLICABLE STATE
LAWS ANTI REGU1 ATIONS ANTI THE
REGULATIONS, POLICIES, OBJECTIVES AND
GOALS OF THE CITY OF TUKWILA
COMPREHENSIVE PLAN, THE CITY OF
TI IKW11 A'S DEVEI OPMENT REGU ATIONS
AND OTHER OFFICIAL LAWS, POLICIES AND
OBJECTIVES OF THE CITY OF TUKWILA.
{ORD. 1769 §1 (PART), 1996)
Produced by the City of Tukwila, City Clerk's Office
Page 18-27407
TITLE 18 - ZONING
18 100.030 DETERMINATION OF
CONSISTENCY WITH ADOPTED R ANS AND
REGULATIONS TYPE 3, 4 AND 5 DECISIONS
WHEN A HEARING BODY RENDERS A
DECISION ON A TYPE 3, 4 OR 5 DECISION,
THESEARING BODY SHAI 1 MAKE AND
ENTER FINDINGS OF FACT AND
CONCLUSIONS FROM TIDE RECORD THAT
SUPPORT THE DECISION OR
RECOMMENDATION
CONCLUSIONS SHALL SET FORTH AND
DEMONSTRATE TIDE MANNER IN WHICH THE
v
CONTENT WITH CARRIES OI IT 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
TI IKW11 A'S DEVEI OPMENT REGU1 ATIONS
AND OTHER OFFICIAL LAWS, POLICIES AND
OBJECTIVES OF THE CITY OF TUKWILA.
{ORD. 2500 §33, 2016; ORD. 1769 §1 (PART),
1996)
18 1100 Ann ADDITIONAL FINDINGS
RECI ASSIFICATIONS AND SHOREI INE
WHEN THE CITY COUNCIL MAKES A
DECISION REGARDING AAI APPI ICATION
FOR A RECLASSIFICATION OF PROPERTY
OR FOR A SHORELINEENVIRONMENT
REDESIGNATION TIDE DECISION SHM 1
SUPPORT THE CONCLUSION THAT AT
LEAST ONE OF THE FOLLOWING
CIRCUMSTANCES APPLIES:
1. THE RECLASSIFICATION IS FOR THE
PURPOSE OF ACHIEVING CONSISTENCY
WITH THE COMPREHENSIVE PI AN. OR
2. THE APPLICANT HAS
DEMONSTRATED WITH SUBSTANTIAL
EVIDENCE THAT:
A. SINCE THE ADOPTION OF THE LAST
VERSION OF THE COMPREHENS TLAN
OR SHORE IE MASTER PROGRAM
AFFECTING TIDE SUB IEf T PROPERTY
r
AUTHORIZED PURL IC IMPROVEMEA
PERMITTED PRIVATE DEVELOPMENT OR
AFFECTING THE SUBJECT PROPERTY HAVE
UNDERGONE SUBSTANTIAL AND MATERRIIAAL
CHANGE RIOT ANTICIPATED OR
CONTEMPLATED IN THE ADOPTED
CO REHENS�PLAN OR SHORELINE
MASTER PROGRAM•
B. THE IMPACTS FROM THE CHANGED
THE SUBJECT PROPERTY IN A MANNER
AND TO A DEGREE DIFFERENT THAN
OTHER PROPERTIES IN THE VICINITY SUCH
THAT REZONING OR REDESIGNATION BV
TO THE COMPREHENSIVE PI AAI OR
SHORELINE MASTER PROGRAM IS RIOT
APPROPRIATE• AND
C. THE REQUESTED RECLASSIFICATION
OR REDESIGNATION IS REQUIRED IN THE
PUBLIC INTEREST.
{ORD. 1769 §1 (PART), 1996)
Prged by the City of Tukwila, City Clerk's Office
Page 18-273
TITLE 18 - ZONING
18 Inn 050 ADDITIONAL FINDINGS
PREI IMINARY PI ATS
WHEN HEARING BODY MAKCESA
DECISION REGARDING AN APPI ICATION
FOR A PROPOSED PRELIMINARY PLAT, THE
FINDINGS AS TO WHETHER•
1. APPROPRIATE PROVISIONS ARE
MADE FOR THE PUBLIC HEALTH, SAFETY,
AADGEERA EI FARE ANTI FOR SUCH
OPEN SPACES, DRAINAGE WAYS, STREETS
OR ROADS, ALLEYS, OTHER PUBLIC WAYS,
TRANSIT STOPS, POTABLE WATER
IPPLIEC SANITARY WASTES PARKS AND
e
RECREATION, PLAYGROUNDS, SCHOOLS
AND SCHOOL GROI INDS AND AI 1 OTHER
RELEVANT FACTS INCI UDING SIDEWAI KS
e
AND OTHER PLANNING FEATURES THAT
ASSURE SAFE WAI KING CONDITIONS FOR
STUDENTS WAI LING TO AND FROM
SCHOOL
2. THE PUBLIC USE AND INTEREST WILL
BE SERVED BY THE PLATTING OF SUCH
3. IF THE HEARING BODY FINDS THAT
THE -PROPOSED -SUBDIVISION -AND
DEDICATION MAIZE SI ICH APPROPRIATE
PROVISIONS AND THAT THE PUBI IC�rC USE
AND INTEREST WILL BE SERVED, THEN THE
HEARING BODY I1 SHAAPPROVE THE
rro
DEDICATION OF 1 AND TO ANY PI IRI IC
IMPROVEMENTS -TO -SERVE —THE
SUBDIVISION AND/OR IMPACT FEEST
RE REQUIRED AS A CONDITION OF
SUBDIVISION APPROVAL . DEDICATIONS
CLEARLY SHOWN OAI THE FINAL
PLAT,
(ORD. 2500 §34, 2016; ORD. 1769 §1 (PART),
1996}
Produced by the City of Tukwila, City Clerk's Office Page 18-274Q9
TITLE 18 — ZONING
CHAPTER 18.104
PERMIT APPLICATION
TYPES AND PROCEDURES
Sections:
18.104.010 Classification of Project Permit Applications
18.104.020 Consolidation of SEPA Procedures and Appeals
18.104.030 Consolidation of Permit Applications
18.104.040 Relationship to SEPA
18.104.050 Pre -application Conferences
18.104.060 Application Requirements
18.104.070 Notice of Complete Application to Applicant
18.104.080 Notice of Application - Contents
18.104.090 Notice of Application - Procedure
18.104.100 Party of Record
18.104.110 Posted Notice
18.104.120 Mailed Notice
18.104.130 Time Periods for Permit Issuance
18.104.140 Permit Cancellations
Applications Modifications to Proposal
18.104.150 Revisions to Development Permit Applications After
Issuance
18.104.160 Expiration of Development Permit Applications After
Issuance
18.104.170 Development Permit Reactivations
18.104.180 Vesting
18.104.1960 Hearing Sscheduling - Notice of Hearing
18.104.20470 Notice of Decision
18.104.21480 Referral to Other City Departments
18.104.22490 Date of Mailing
18.104.010 Classification of Project Permit
Applications
A. Project permit decisions are classified into five types,
based on the degree of discretion associated with each decision,
as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/or a public
hearing is required before a decision is made, and whether
administrative appeals are provided.
1. Type 1 Decisions are made by City administrators
who have technical expertise, as designated by ordinance. Type 1
decisions may be appealed to the Hearing Examiner who will hold
a closed record appeal hearing based on the information presented
to the City administrator who made the decision.
Public notice is not required for Type 1 decisions or for the appgals
of those decisions.
Pr4e.4wyed by the City of Tukwila, City Clerk's Office
Page 18-275
TITLE 18 — ZONING
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Administrative Variance for Noise — 30
days or less
(TMC Section-8.22.120)
Community Development
Director
Any land use permit or approval issued by
the City, unless specifically categorized as a
Type 2, 3, 4, or 5 decision by this chapter
As specified by ordinance
Boundary Line Adjustment, including Lot
Consolidation
(TMC Chapter 17.08)
Community Development
Director
Minor Modification of a Boundary Line
Adjustment or
Lot Consolidation Preliminary Approval
(TMC Section 17.08.030)
Community Development
Director
Development_ Permit
Building Official
Minor Modification to Design Review
Approval
(TMC Section-18.60.030)
Community Development
Director
Minor Modification to PRD
(TMC Section-18.46.130)
Director
Signs
Director
f TMC 19.12. 0201
Tree Permit
(TMC Chapter 18.54)
Community Development
Director
Wireless Communication Facility, Eligible
Facilities
(TMC Chapter 18.58)
Community Development
Director
2. Type 2 Decisions are decisions that are initially
made by the Director or, in certain cases, other City administrators
or committees, but which are subject to an open record appeal to
the Hearing Examiner, Board of Architectural Review, or, in the
case of shoreline permits, an appeal to the State Shorelines
Hearings Board pursuant to RCW 90.58.
Produced by the City of Tukwila, City Clerk's Office Page 18-2741 1
TITLE 18 — ZONING
TYPE 2 DECISIONS
INITIAL
TYPE OF PERMIT DECISION
TYPE OF PERMIT
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NOTICING
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Director
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Director
Wireless Communication
Facility, Macro Facilities No
New -Tower
Community
Development
Director
TYPe4
Notice of
Application
18.104.080}
*Additional -Notice
Requirements for
Shoreline
Applications
18.104.090(2))
Noticing not
required.
TYPE OF PERMIT
INITIALDECISION
MAKER
NOTICING
REQUIREMENTS
Critical Areas (except
Director
Type:
Reasonable Use
Exception)
(TMC 18.45)
Shoreline Substantial
Director
Notice of
Application
Development Permit*
(TMC 18.104.080)
(TMC 18.44)
Method of
Administrative Design
Review
(TMC Section
18.60.0220)
Community
Development Director
Notice:
Posted
(TMC
18.104.110(4})
4
Mailed
Short Subdivisions
Short Subdivision
(TMC 18.109.120}
!TMC 17.12)
Committee
*Additional Notice
Administrative Planned
Residential Development
Short PlatSubdivision
Requirements for
Committee
Shoreline
(TMC Section 18.46.110)
Applications (TMC
Binding Site
Short Subdivision
18.104.090(2))
Improvement Plan
(TMC Chapter
17.16)Administrativc
CommitteeCemmunity
Variance for Noise
Development Director
31 60 days
(TMC Soction 8.22.120}
Pr4e.ptced by the City of Tukwila, City Clerk's Office Page 18-277
TITLE 18 — ZONING
3. Type 3 Decisions are quasi-judicial decisions made
by the Hearing Examiner following an open record hearing. Type 3
decisions may be appealed only to Superior Court, except for
shoreline variances and shoreline conditional uses that may be
appealed to the State Shorelines Hearings Board pursuant to RCW
90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
NOTICING
REQUIREMENTS
Resolve Uuncertain zone district
boundary
fTMC 18.08.0402
Hearing
Examiner
Type:
Variance (zoning, shoreline,
Hearing
Examiner
sidewalk,la , tent
fTMC 18 72)
Notice of
TSO Special Permission Use
(TMC Section 18.41.060)
Hearing
Examiner
Application
(TMC
Conditional Use Permit
fTMC 18.64)
Hearing
Examiner
18.104.080)
&
Notice of
Modifications to Certain Parking
Standards
(TMC Chapter 18.56)
Hearing
Examiner
Hearing
fTMC
Reasonable Use Exceptions under
Critical Areas Ordinance
(TMC Scction 18.45.180)
Hearing
Examiner
18.104.1960)
Method of
Variance for Noise in Excess of 60
30 Days
(TMC Section 8.22.120)
Hearing
Examiner
Notice:
Posted
fTMC
Variance from Parking Standards
over 10%
(TMC Scction 18.56.140)
Hearing
Examiner
18.104.110(D))
&
Mailed
fTMC
Preliminary Long Subdivision —
Hearing
Examiner
18.104.120)
Preliminary Plat
with no associated
Design Review application
*Additional
(TMC Section-17.14.020)
Notice
Wireless Communication Facility,
Hearinq
Requirements
Macro Facility — New Tower
for Shoreline
(TMC Chapter
ExaminerHear
Applications
18.58.070 Subdivision Phasing Plan
ing Examiner
Section 17.14.010)
(TMC
(TMC
18.104.090(2))
Shoreline Conditional Use Permit*
Hearinq
(TMC 18.44.110)
W roles C mmunicatien Facility,
ExaminerHear
Macro Facility New Tower
ing Examiner
(TMC Chapter 18.58.070)
Produced by the City of Tukwila, City Clerk's Office Page 18-27413
TITLE 18 — ZONING
4. TYPE 4 DECISIONS are quasi judicial decisions made by
the Board of Architectural Review or the Planning Commission,
following an open record hearing. Type 4 decisions may bo
appgalcd to the Hqaring Examiner based on the record established
by the Board of Architectural Review or Planning Commies ion.
TYPE 4 DECISIONS
TYPE OF PERMIT
Public Hearing Design
Review
(TMC Chapter 18.60)
Subdivision Preliminary Plat
with an associated Design
Review application
{TMC Section 17.11.020)
INITIAL
DECISION
MAKER
Board of
Architectural
Review
Planning
Commissio4
APPEAL BODY
(closed -record
appeal)
Hearing
Examiner
Hearing
Examiner
Subdivision Phasing Plan (for
a subdivision with art
associated Design Review)
{TMC Section 17.11.040)
Planning
Commission
Hearing
Examiner
54. Type 5-4 Decisions are quasi-judicial decisions made by
the Hearing Examiner or City Council following an open record
hearing. —_Type 5-4 decisions may be appealed only to Superior
Court.
TYPE 54 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
NOTICING
REQUIREMENTS
Planned Residential
Development
(PRD), including
Major Modifications
(TMC Chapter
City Council
Type:
18.46)
Notice of Application
(TMC 18.104.080)
Critical Area Master Plan
Overlay
(TMC Section 18.45.160)
City Council
Notice of Hearing
(TMC 18.104.1960)
Method of Notice:
Posted
(TMC 18.104.110PD))
Unclassified Use
Chapter 18.66)
City Council
Mailed
(TMC 18.104.120)
(TMC
Pr4e.Mced by the City of Tukwila, City Clerk's Office
Page 18-279
TITLE 18 — ZONING
5. Type 5 Decisions are legislative decisions made by
the City Council following an omen record hearing. Type 5 decisions
may be appealed only to Superior Court or the Growth
Management Hearings Board.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION
NOTICING
MAKER
REQUIREMENTS
Comprehensive
City Council
Type:
Plan Amendment
(TMC 18.80)
Amendments to
Notice of Application
(TMC 18.104.080 and
Development Regulations
TMC 18.80)
(TMC 18.82)
&
Notice of Hearing
Development Agreement
(TMC 18.104.1940)
(TMC 18.86)
Site Specific Rezones
Cy
Council
Type:
Notice of Application
(TMC 18.104.080 and
TMC 18.84)
&
Notice of Hearing
with Accompanying
(TMC 18.104.1940)
Comprehensive Plan Map
Method of Notice:
Changes
(TMC 18.84)
Posted
18.104.110{D))
.(TMC
Mailed
fTMC 18.104.1201
(Ord. 2718 §6, 2023; Ord. 2678 §22, 2022; Ord. 2649 §11, 2021;
Ord. 2627 §32, 2020; Ord. 2442 §6, 2014; Ord. 2368 §70, 2012;
Ord. 2251 §75, 2009; Ord. 2235 §19, 2009;
Ord. 2135 §19, 2006; Ord. 2119 §1, 2006)
18.104.020 Consolidation of SEPA Procedures and
Appeals
A. Except as provided in TMC 21.04.280, no administrative
appeals of procedural and substantive SEPA decisions shall be
permitted. —_In any case in which an administrative appeal of a
procedural or substantive SEPA decision is made, the hearing on
such appeal shall be consolidated with the hearing on the merits of
the underlying permit(s).
(Ord. 1768 §2 (part), 1996)
18.104.030 Consolidation of Permit Applications
A. Applicants shall have the right to request that all permit
applications related to a single project be processed as a
consolidated permit application.
B. All permits included in consolidated permit applications
that would require more than one Type of land use decision
process, shall be processed together, including any administrative
appeals, using the highest numbered land use decision Type
applicable to the project application; except that decisions on Type
1 applications shall still be made by the responsible administrative
agency or officer and shall not be subject to administrative review
or appeal.
{Ord. 1768 §2 (part), 1996)
18.104.040 Relationship to SEPA
A. Land use permits that are categorically exempt from
review under the State Environmental Policy Act ("SEPA") will not
require a threshold determination. -_For all other projects, the SEPA
review procedures codified in TMC Chapter 21.04 are
supplemental to the procedures set forth in TMC Chapter 18.104.
(Ord. 1768 §2 (part), 1996)
18.104.050 Pre -Application Conferences
A. Prior to filing a permit application requiring a Type 1, 2, 3,
4 or 5 decision, the applicant may contact the Department to
schedule a pre -application conference.— The purpose of the pre -
application conference is to review and discuss the application
requirements with the applicant and provide comments on the
development proposal. —_The pre -application conference shall be
scheduled by the Department at the request of an applicant, and
shall be held in a timely manner.
(Ord. 1768 §2 (part), 1996)
18.104.060 Application Requirements
A. In order to comply with the requirements of RCW
36.706.080 (which requires that the City specify the contents of a
complete application for a land use permit), RCW 36.70B.070
{which requires the City to determine whether applications arc
complete within 28 days of submission) and RCW 36.70B.090
{which requires the City to make a decision on a permit application
within 120 days of determining the application is complete), tThe
following standards for permit applications are established:
Produced by the City of Tukwila, City Clerk's Office
Page 18-2415
TITLE 18 - ZONING
1. Applications shall be made by the property owner,
lessee, contract purchaser, governmental agency, or by an
authorized agent thereof.- The Department shall not commence
review of any application set forth in this chapter until the applicant
has submitted the materials and fees specified for complete
applications. -_Applications shall be considered complete as of the
date of submittal upon determination by the Department that the
materials submitted meet the requirements of this section and the
listed application requirements on application forms made
available by the Department.- Except as provided in Subsections
2 and 4 of this section, all land use permit applications shall include
the following in quantities specified by the Department:
a. An application form provided by the Department
and completed by the applicant.- The applicant shall be allowed to
file a consolidated application for all land use project permits
requested by the applicant for the development proposal at the
time the application is filed.
b. The appropriate application and public notice
mailing fee based on the official fee schedule.lf the water utility
serving the site is an entity other than the City, a current Certificate
of Water Availability from thc water utility purveyor serving thc site
pursuant to TMC 14.36.010.
c. All items listed on official application forms made
available by the Department for each permit.Site percolation data
approved by the Seattle King County Department of Environmental
Health pursuant to TMC 14.36.020 if the site is proposed for
development using a septic system, or a Certificate of Sewer
Availability from thc sewer utility purveyor serving the site if the
sewer utility serving the site is an entity other than the City.
d. A site plan, prepared in a form prcscribcd by the
Director.
c. Proof that thc lot or lots are recognized as
separate lots pursuant to the provisions of TMC Title 17 and RCW
58.17.
f. Any sensitive areas studies required by TMC
Chapter 18.45.
g. A completed environmental checklist, if required
by TMC Chapter 21.04.
h. A list of any existing environmental documents
known to the applicant or thc City that cvaluatc any aspect of tho
proposed project.
1. A list of any permits or decisions applicablc to the
development proposal that have been obtained prior to filing the
application or that arc pending before the City or any other
governmental entity.
j. A storm watcr dcsign which mccts thc
requirements set forth in the Surface Water Design Manual
adoptcd pursuant to TMC 16.54.060.
decision: _current Assessor's maps and a list of tax parcels to
which public notice must be given; a set of mailing labels
addressed to thc owners thereof; and a set of mailing address
labels addressed to thc occupants thereof, including tenants in
multiple occupancy structures, to the extent the owner's addresses
are not the same as the street addresses of the properties to 4ich
notice is required. _In lieu of the mailing labels, the applicant can
pay public notice mailing fee as established by the Land Use Fee
Schedule.
I. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to
TMC Chapter 9.48.
o. A landscaping plan, if required by TMC Chapter
18.52.
p. A tree clearing plan, if required by TMC Chapter
18.54.
q. A parking plan, if required by TMC Chapter 18.56.
r. Design review plans and related documents, if
required by TMC Chapter 18.60 or the Shoreline Master Program.
s. Verification of applicable contractor's registration
number, if required by RCW 18.27.110.
2. The Director may waive any of the specific submittal
requirements listed in this section that are determined to be
unnecessary for review of an application.
3. A permit application is complete for purposes of this
section when it meets the procedural submission requirements of
the Department and is sufficient for continued processing even
though additional information may be required or project
modifications may be subsequently undertaken. The determination
of completeness shall not preclude the Department from
requesting additional information or studies either at the time of
notice of completeness or subsequently if new or additional
information is required or substantial changes in the proposed
action occur, as determined by the Department.
4. There are additional application requirements for thc
following land use permits, which must be provided in addition to
the materials identified in this section in order for an application to
be deemed complete:
a. Land altering permit, sce TMC 16.54.100, .110
and .230.
b. Construction permits, see TMC Title 16, building
and construction codes.
c.
d.
c.
f.
g.
h.
17.16.030.
Water system connections, see TMC 14.04.030.
Sanitary sewer connection, see TMC 14.12.070.
Flood control zone permit, scc TMC 16.52.070.
Short subdivisions, see TMC 17.08.030.
Preliminary subdivisions, see TMC 17.12.020.
Final subdivisions, see TMC 17.12.030.
Binding site improvement plans, see TMC
j. Planned residential developments, see TMC
18.4 6.110.
k. Sign permits, see TMC 19.12.020 and .030.
I. Shoreline substantial development permits,
shoreline conditional use permits and shoreline variances, see
TMC Chapter 18.44, RCW 90.58 and thc applicablc Shoreline
Master Program.
Pr4e.4ied by the City of Tukwila, City Clerk's Office
Page 18-281
TITLE 18 — ZONING
m. Wireless communication facility permitc, scc
Chapter TMC 18.58.
54. The applicant shall attest by written oath to the
accuracy of all information submitted for an application. —_The
Department shall have the authority to require the applicant to
submit a title report or other proof of ownership of the property or
other proof of the applicant's authority to submit an application
regarding the property.
6. Applications shall be accompanied by the
, , ;
18.104.070 Notice of Complete Application to
Applicant
A. Within 28 calendar days following receipt of a permit
application, the Department shall send mail 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. _To the extent known by the Department, the notice shall
identify other agencies of local, state, regional or federal
governments that may have jurisdiction over some aspect of the
development proposal.
B. An application shall be deemed complete under this
section if the Department does not provide written 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 or provide in personsend written notice to
the applicant, within 14 days following the receipt of the additional
information, whether the application is complete or what further
information, specified by the Department as provided in TMC
18.104.070A, is necessary to make the application complete. —_An
application shall be deemed complete if the Department fails to
provide written notice to the applicant within such 14-day period
that the application is incomplete.
D. An application shall be conclusively deemed to be
complete on the Department's issuance of a notice of complete
application as provided in Subsections A or C hereof, or the
expiration of the time periods for issuance of such a notice as
provided in Subsections B or C hereof.
E. The Department shall cancel an incomplete application if
the applicant fails to submit the additional information required by
TMC 18.104.070A or 070C within 90 days following notification
from the Department that the application is incomplete. —_The
Department may extend this cancellation date up to 120 additional
days if the applicant submits a written request for an extension prior
to cancellation.— The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such
as the need for seasonal wetland data) 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 which is deemed
necessary to a complete review of the proposed project.
Produced by the City of Tukwila, City Clerk's Office
Page 18-2
17
TITLE 18 — ZONING
18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and
departments and agencies with jurisdiction for all land use permit
applications requiring Type 2, 3, 4 or 5 decisions and for all Type 1
decisions which require SEPA review, except that a Notice of
Application is not required in the case of a Code Interpretation
pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to
TMC Chapter 19.12.
13A. A Notice of Application shall be issued by the Department
for permits as set forth in TMC 18.104 within 14 days following the
Department's determination that the application is complete.
GB. If the Responsible Official has made a Determination of
Significance (DS) under RCW 43.21 prior to the issuance of the
Notice of Application, notice of the determination shall be combined
with the Notice of Application. —_If a determination of significance
(DS) has been made prior to the issuance of the Notice of
Application, the Notice of Application shall also include the scoping
notice required by WAC 197-11-360.
DC. All required Notices of Application shall contain the
following information:
1. The file number.
2. The name of the applicant and the owner of the
property, if different than the applicant.
3. A description of the project, the location, a list of the
permits included in the application and the location where the
application and any environmental documents or studies can be
reviewed.
4. A statement establishing a public comment period,
which shall be 14 days fo; Tie 1, 2, 4 decisions a;d-21
days for Type 5 decisions following the date of the Notice of
Application. Public comment periods are extended for Shoreline
Substantial Development Permits and for Shoreline Conditional
Use Permits, as specified in RCW 90.58., provided that a public
comment period is not required in the case of a Code Interpretation
pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to
TM Chapter 19 17 and further provided that the comment period
for projects requiring a Shoreline Substantial Development permit
shall be either 20 or 30 days, as specified in RCW 90.58.140.
5. The procedures and deadline for filing comments,
requesting notice of any required hearings, and any appeal rights.
Any person may comment in writing on the application during the
public comment period, and may participate by submitting either
written or oral testimony, or both, at any hearings, and may request
a copy of the decision once made. —_The Notice shall specify any
appeal procedures that apply to the permit application.
6. For Type 5 decisions, the date, time and place of the
public meeting required by TMC 18.108.050 and an explanation of
the purpose of and procedure to be followed at such meeting.
76. The date, time place and type of hearing, if applicable
and scheduled at the time of notice.
8 . The identification of all other related permits not
included in the application to the extent known by the Department.
Q. A statement of the preliminary determination, if one
has been made, of those development regulations that will be used
for project mitigation and for determining consistency with
applicable City requirements.
ED. Additional information is required by RCW 90.58 for
Notices of Application for projects which require a Shoreline
Substantial Development permit.
E. Except for a Ddetermination of Ssignificance, 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.
Pr4e.4&ed by the City of Tukwila, City Clerk's Office
Page 18-283
TITLE 18 — ZONING
(Ord. 2251 §77 2009; Ord. 1768 §2 (part), 1996)
18.104.090 Notice of Application - Procedure
A. Notice of Application shall be provided as follows:
1. For all —all permits that require mailed notice, as
specified in the permit type tables found at TMC 18.104.010, Typc
2, 3, /1 and 5 decisions, and Type 1 decisions which require SEPA
review, the Notice of Application shall be processed pursuant to
TMC 18.104.120. mailed by first clae., mail to the applicant and to
Application is not required in the case of a Code Interpretation
pursuant to TMC 18.96.020 or a Sign Permit Denial pursuant to
TMC Chapter 19.12.
2. For Type 1 decisions and Type 2 decisions which
require SEPA review, the Notice of Application shall be provided
by posting pursuant to TMC 18.104.110, provided that the Notice
of Application for a Type 1 decision involving a single family
residence need not be posted but shall be published one time in a
newspaper of general circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and
5 applications, the Notice of Application shall be posted pursuant
to TMC 18.104.110 and mailed pursuant to TMC 18.104.120.
Notice requirements for secure community transition facilities shall
be in accordance with RCW 71.09.315 as amended.
4!. For applications which require any Shoreline permit,
additional notice shall be provided as required by RCW 90.58.
53. For preliminary platssubdivisions, additional
published notice shall be provided as required by RCW
58.17.090(a).
64. The Director shall have the discretion in unusual
circumstances (i.e., lengthy utility corridor or right-of-way
construction projects) where posting and mailed notice would be
impractical, to require the Nnotice of Aapplication to be published
in a newspaper of general circulation in the area where the
proposal is located, in lieu of posting and mailed notice
7. Email notification can substitute for largo
mailings where the parties of record were informed
about this form of notification and they elected to
receive information electronically
(Ord. 2251 §78, 2009; Ord. 1991 §13, 2002;
Ord. 1834 §8, 1998; Ord. 1768 §2 (part), 1996)
18.104.100 Party of Record
_Any person who (1) submits comments, in writing, on an
application during the public comment period, (2) requests, in
writing, copies of notice of any public hearing on an application (3)
requests, in writing, copies of any decision on the application, (4)
testifies on an application at a public hearing, or (5) 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. 1768 §2 (part), 1996)
18.104.110 Posted Notice
A. Posted notice shall be provided for any permit as
specified in the permit type tables at TMC 18.104.010, and as
required by any section in any other Title. Posted notice for a
proposal shall consist of one or more notice boards prepared and
posted by the applicant within 14 days following the Department's
determination of completeness as follows:
1. A single notice board shall be posted for a project.
This notice board shall also be used for the posting of the Notice
of Decision and any Notice of Hearing, and shall be placed by the
applicant as follows unless otherwise approved by the Department:
a. The notice board shall be located at the midpoint
of the site street frontage or as otherwise directed by the
Department for maximum visibility.
b. The notice board shall be five feet inside the
street property line except when the board is structurally attached
to an existing building, provided that no notice board shall be
placed more than five feet from the street property without approval
of the Department.
u. For short plats and design review applications, For
Type 2 applications, notice boards shall be, at a minimum, 2 feet
tall and 18 inches wide. They shall be installed in accordance with
specifications promulgated by the Department.
ed. For Type 3 and 4 applications, and site specific
rezones with a corresponding comprehensive plan map change,
Nnotice boards shall be at least four feet by four feet in size and
shall be designed, constructed and installed in accordance with
specifications promulgated by the Department.
de.The top of the notice board shall be between
seven to nine feet above grade,
ef. The notice board shall be placed so that it is
completely visible to pedestrians.
2. Additional notice boards may be required by the
Department when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The Department determines that additional notice
boards are necessary to provide adequate public notice.
3. Notice boards shall be maintained in good condition
by the applicant for the duration of permit review. Neither a notice
board nor its content may be removed prior to the end of an appeal
period after issuance. during the notice period as follows:
a. For Typc 3, 4 or 5 decisions, from 14 days after thc
determination of completeness until the date of the public hearing
on the application.
b. For Type 2 decisions requiring posted notice of
application, from 14 days after the dctcrmination of completeness
until the later of (i) 14 days after thc issuance of a decision by the
administrative app I hearing on the application.
c. For a Type 1 decision requiring posted notice of
application, from 14 days aftcr the dctcrmination of completeness
until the expiration of the pi ihlic comment period
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d. For any project requiring a Shoreline Substantial
Development permit, the notice board shall be posted for a
minimum of 30 days.
4. The Department shall have the discretion to
determine that removal of the notice board prior to the end of the
notice period, or failure to maintain it in good condition, is cause for
discontinuance of review of the application until the notice board is
replaced and remains in place for a specified time period.
5. An affidavit of posting shall be submitted to the
Department by the applicant within 14 days following the
Department's determination of completeness to allow continued
processing of the application by the Department.
(Ord. 1768 §2 (part), 1996)
18.104.120 Mailed Notice
A. Mailed notice shall be provided for any permit as specified
in the permit type tables at TMC 18.104.010, and as required by
any section in any other Title. Mailed notice shall be issued by the
Department within 14 days following the Department's
determination of completeness as follows:
1. To owners of record of property within 500 feet of the
site, and to the occupants thereof to the extent the street addresses
of such properties are different than the mailing addresses of the
owners.
2. To any agency or tribe which the Department may
identify as having an interest in the proposal.
3. To any other party of record.
B. Mailed notice shall be considered supplementary to
posted notice and be deemed satisfactory despite the failure of one
or more persons to receive mailed notice.
(Ord. 2251 §79, 2009; Ord. 1768 §2 (part), 1996)
18.104.130 Time Periods for Permit Issuance
A. Review Periods: Final decisions by the City on ali-Type
1, 2, 3, and 4 permits shall be issued within 120 days from thc date
the applicant is notified by the Department that thc application icy
complete.as follows:
1. For any permit that does not require mailing or
posting notice (pursuant to TMC 18.104.010):
a. Within 65 calendar days from the date the
Department issues the Determination of Completeness.
2. For any permit that requires mailing or posting notice
(pursuant to TMC 18.104.010):
a. Within 100 calendar days from the date the
Department issues the Determination of Completeness.
3. For any permit that requires mailing or posting notice
and a public hearing (pursuant to TMC 18.104.010):
a. Within 170 calendar days from the date the
Department issues the Determination of Completeness. The
following periods shall be excluded from this 120 day period:
B. The number of days an application is in review shall be
calculated from the day completeness is determined, pursuant to
RCW 36.706.070, to the date a final decision is issued. The
number of days includes every calendar day, but excludes the
following time periods:
1. Any period from the day that the applicant has been
requested in writing 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,
to the day when responsive and adequate documents are
submitted by the applicant. Pursuant to RCW 36.70B.070(4), within
14 days of the submittal, the Director shall determine the adequacy
of the submitted information for continued review.
2. The period of time during which an environmental
impact statement is being prepared following a determination of
significance pursuant to RCW 43.21C.
3. The period of time during which an appeal affecting
the proposal was head and decided upon.
4. Any additional period of time for administrative review
agreed upon by the Department and the applicant.
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 reasons why the time limits have not been met and
an estimated date for issuance of the notice of final decision.
18.104.140 Permit Cancellations
A.
1. Any period of time during which the applicant has been
requested by any City departmen# agency or hearing body wi#h
e
jurisdiction over some aspect of the application to correct plans,
period shall be calculated from the date the applicant is notified of
the need for additional information until the earlier of:
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TITLE 18 — ZONING
{a) the date the department, agency or heaing body
determines whether thc 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 hopring body determines that the
action by thc applicant is in-,,u#icicnt it -
the deficiencies and the procedures of this section shall apply as if
a new rcqucst for information had been made.
Cancellation of Land Use Permits Before Issuance: Upon
the passage of 90 calendar days from the date of the request, if the
applicant for a land use permit fails to provide a requested
correction or additional information, or fails to receive approval for
an extension request, the Department shall cancel the application.
If the applicant fails to provide a reguected correction or additional
informationA cancelled application cannot be renewed and is not
entitled to a refund. To obtain a new permit, a new permit
application shall be submitted along with the required submittal
documents and a new fee shall be paid in accordance with the
permit fee schedule adopted by resolution of the City Council, as
amended.
1. Extension: within 90 days of thc rcqucst the
Department may cancel the application due to inactivity.The
Department may extend this cancellation date up to 90 additional
days if the applicant submits a written request for an extension prior
to cancellation. The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such
as the need for seasonal wetland data) or unusual circumstances
not typically faced by other applicants, and that a good faith effort
has been made to provide the requested materials.
B. Cancellation of Development Permits Before Issuance:
Upon the passage of 180 calendar days from the date of the
request, if the applicant for a development permit fails to provide a
requested correction or additional information, the Department
shall cancel the application. A cancelled application cannot be
renewed and is not entitled to a refund. To obtain a new permit, a
new permit application shall be submitted along with the required
submittal documents and a new fee shall be paid in accordance
with the permit fee schedule adopted by resolution of the City
Council, as amended.
1. Each time the Department receives responsive and
adequate materials within the 180-day time limit, the application
will be extended for an additional 180 days before cancellation.
2. The period of time during which an environmental
impact statement is being prepared following a determination of
significance pursuant to RCW 43.21 C.
3. A period of no more than 90 days for an open record
appeal hearing on a Tyne 2 land lice decision and no more than
60 days fora closed record appeal on a Tyne 4 land use derision
app lablc to the City Council.
'1. Any additional time period for administrative review
agreed upon by thc Department and the applicant.
5. Any additional time period agrccd upon by the
Department the applicant and any parties to an appeal
6. Any period of time during which an applicant fails to
post the property, if permit processing is suspended by the
Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not
apply if a project permit application requires an amcndmcnt to the
comprehensive plan or a development regulation.
C. The time limitations established in this section shall
not apply to street vacations or othcr approvals related to the use
of public areas or facilities issued pursuant to TMC Title 11.
D—lf a final dccisi n cann t be issue within thc time
limits established by this sccti n, thc Department shall pr vide
written n ticc of this fact to thc pr jcct applicant. The n ticc shall
include a statement f reas ns why the timc limits have n t been
decision.
{Ord. 2097 §23, 2005; Ord. 1768 §2 (part), 1996}
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18.104.1 40 Applications
ProposalRevisions to Development Permit Applications
After Issuance
A. Major Revisions: Major revisions are defined here as:
1. Any revision that would result in a substantial change
in an application's review requirements, as determined by the
Director.
2. Any revision that amends the scope of an application
such that the protect fails to meet the application requirements
found at TMC 18.104.060.A modification to project plans occurring
before issuance of the permit shall be deemed a new application
for the purpose of establishing time periods pursuant to TMG
18.104.130 when such modification would result in a substantial
change in a project's review requirements, as determined by the
Department.
B. Minor Revisions: Minor revisions are any revisions that
do not meet the criteria in this section to be considered major
revisions.
C. Revision Process: Minor revisions to a development
permit application may be submitted at any time between the date
the permit is issued and the date that a final inspection is approved
by the Department. Major revisions shall be submitted as new
permit applications, subject to all requirements of TMC 18.104. No
revisions shall be processed prior to issuance of a permit
application. The Department shall require the payment of
additional fees to review revisions, as adopted by resolution of the
City Council in the latest Permit Fee Schedule.
{Ord. 1768 §2 (part), 1996)
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TITLE 18 — ZONING
18.104.160 Expiration of Development Permit
Applications After Issuance
A. Development permits issued under the Washington State
adopted codes and the TMC shall become invalid unless the work
on the site authorized by such permit is commenced within 180
days after its issuance, or if the work authorized on the site by such
permit is suspended or abandoned for a period of 180 days after
the time the work is commenced.
1. Inspection Extensions: The expiration date shall be
extended 180 days from the date that a valid inspection is
requested by the applicant.
2. Extension Requests: It shall be the responsibility of
the applicant to request a permit extension. The extension shall be
requested in writing and justifiable cause shall be demonstrated.
The Buildinq_Official is authorized to grant a maximum of two
extensions for periods not more than 180 days each.
18.104.170 Development Permit Reactivations
A. Expired development permits that have completed the
inspection process and need only final inspection approval may be
reactivated.
1. Reactivation Process: Reactivation shall require a
written request from the applicant that demonstrates the criteria for
reactivation are met. Fees for the review of reactivated
development permits shall be at the hourly review rate, in
accordance with the permit fee schedule adopted by resolution of
the City Council.
1. Renewal Period: The Building Official may grant
one 30-day extension to an expired development permit for the
purpose of performing a final inspection and closing out the
development permit, provided not more than 90 days have passed
since the permit expired. Provided no changes have been made or
will be made in the plans or scope of work, the 30-day extension
commences on the date of written approval. If work required under
a final inspection is not completed within the 30-day extension
period, the development permit shall expire.
18.104.1850 Vesting
A. Applications for Type 1, 2, 3, and 4 aapplications Typo
5 decisions (other than rezones and shoreline environment
redesignations) shall be considered under the zoning and other
land use control ordinances in effect on the date a complete
application is filed meeting all of the requirements of TMC
18.104.070.—_The Department's issuance of a notice of complete
application as provided in TMC 18.104.070A or 070C, or the failure
of the Department to provide such a notice as provided in TMC
18.104.070B or 070C, shall cause an application to be deemed
complete for purposes of the vested rights doctrine.
B. Supplemental information required after filing of a
complete application shall not affect the validity of the vesting for
such application.
C. Vesting of an application does not vest any subsequently
required permits, nor does it affect the requirements for vesting of
subsequent permits or approvals.
D. A determination that an application is complete shall not
be deemed to affect the requirement of the vested rights doctrine
that an application is not vested if it fails to comply with the zoning
and other land use control ordinances in effect at the time a
complete application is filed.
(Ord. 1768 §2 (part), 1996}
18.104.1960 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4
and 5 decisions, open record appeal hearings on Typc 2 decisions
and closed rccord appeal hearings on Type 4 decisions, the
Department shall issue a Notice of Hearing by mail on the City's
website and in the newspaper of record.pursuant to the provisions
of TMC 18.104.120. Notice requirements for secure community
transition facilities shall be in accordance with RCW 71.09.315 as
amended.
In addition, at least 14 days before such hearing, the Director
shall post the Notice of Hearing on any posted notice board(s)
erected pursuant to TMC 18.104.110 and shall send the Notice of
Hearing pursuant to TMC 18.104.120. Such Notice of Hearing shall
include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the
permits included in the application, and the location where the
application, the staff report, and any environmental documents or
studies can be reviewed.
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TITLE 18 — ZONING
4. The date, time, place and type of hearing.
5. The phone number of the Department and the name
of the staff person who can provide additional information on the
application and the hearing.
B. The Director shall have the discretion to include additional
information in the Notice of Hearing if the Director determines that
such information would increase public awareness or
understanding of the proposed project.
C. Email notification can substitute for large mailings where
the parties of record were informed about this form of notification
and they elected to receive information electronically.
(Ord. 2251 §80, 2009; Ord. 1991 §14, 2002;
Ord. 1768 §2 (part), 1996)
18.104.20470 Notice of Decision
A. The Department shall provide written notice in a timely
manner of the final decision on all permits requiring Type 2, 3, 1
and 5 decisions and on permits requiring Type 1 decisions which
require SEPA review. _Such notice shall identify the threshold
determination, if any, and the procedures for administrative
appeals, if any. -_Notice shall be delivered by first class mail, email
or in person to the applicant, to the Department of Ecology and to
agencies with jurisdiction, and to all parties of record.
B. Notices of Decision for Shoreline Substantial
Development and Shoreline Conditional Use permits shall also
comply with the requirements of RCW 90.58.
(Ord. 2368 §71 e 2012•eOrel 176 8 §2 (art\ r19961
18.104.21480 Referral to Other City Departments
A. The Department shall refer permit applications and
portions of permit applications to other City departments and
administrators with authority and/or expertise to review such
applications. -_The Department shall incorporate the decisions and
consider the recommendations of such other City departments and
administrators in permits, approvals and recommendations issued
pursuant to this Title.
(Ord. 1768 §2 (part), 1996)
18.104.22490 Date of Ma-ili-ngSending
A. All notices issued pursuant to this chapter shall be
deemed to have been issued on the date on which they are mailed
sent by the Department.
{Ord. 1768 §2 (part), 1996)
CHAPTER 18.108
DECISION PROCESSES
Sections:
18.108.010 Type 1 Decision Process
18.108.020 Type 2 Decision Process
18.108.030 Type 3 Decision Process
18.108.040 Type 4 Decision Process
18.108.050 Type 5 Decision Process
18.108.060 Legislative Decision
18.108.010 Type 1 Decision Process
A. Type 1 decisions shall be made by the City department or
officer specified by ordinance.
B. Type-1- The Department is not required to enter findings
of fact or conclusions when issuing Type 1 decisions. decisions
shall be final unless an appeal is filed with the City department
pursuant to TMC Chapter 18.116.
(Ord. 1847 §3, 1998; Ord. 1768 §3 (part), 1996)
18.108.020 Type 2 Decision Process
A. All Type 2 decisions shall be made by the Director, or in
appropriate cases, the Short PlatSubdivision Committee, pursuant
to the procedures set forth in TMC Chapter 18.104.
B. The Department is not required to enter findings of fact or
conclusions when issuing Type 2 decisions, provided that findings
of fact and conclusions are required for Shoreline permits. Type-2
decisions other than Shoreline Substantial Development permits
shall be final unless app lcd to the H ring Examiner, the
Planning Commission, or City Council, as specified in TMC
18.104.010.
C. All appeals of Type 2 decisions other than appeals of
Shoreline Substantial Development permits shall be filed with the
Department, which shall coordinate scheduling of the appeal
hearing with the appropriate appeal hearing body.
D. Appeal of a Shoreline Substantial Development permit
shall be to the State Shoreline Hearings Board pursuant to RCW
90.58.
E. In the event that a project involves more than one Type 2
decision, all appeals shall be consolidated in the following
sequence:
1. If an appeal to the City Council is involved, all
appeals of Typc 2 decisions shall be consolidated before the City
Council.
2. If no appeal to the City Council is involved, all
appeals of Typc 2 decision shall be consolidated bcforc the
Planning Commission.
F. All appeals of Type 2 decisions shall be open record
appeals, processed pursuant to the time limits and other
procedures for such appeals specified in TMC Chapter 18.116.
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G. Following an open record appeal hearing on a Type 2
decision, the hearing body shall render a written decision, including
findings of fact and conclusions, and the Department shall promptly
issue a Notice of Decision pursuant to TMC 18.104.170.
H. The decisions of the Hearing Examiner, the Planning
Commission and the City Council regarding Type 2 decisions shall
RCW 36.70C.
(Ord. 1796 §3 (part), 1997; Ord. 1768 §3 (part), 1996)
18.108.030 Type 3 Decision Process
A. Type 3 decisions shall be made by the Hearing Examiner
following an open record public hearing. _Such public hearing shall
be conducted in accordance with the procedures for open record
public hearings specified in TMC Chapter 18.112.
B. Following a public hearing on a Type 3 decision, the
hearing body shall render a written decision, including findings of
fact and conclusions that set forth and demonstrate the manner in
which the decision is consistent with, carries out, and helps
implement applicable state laws and regulations and the 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., and the Department shall
promptly issue a Notice of Decision pursuant to TMC 18.104.170.
C. Following the rendering of the written decision by the
Hearing Examiner, the Department shall promptly issue a Notice of
Decision pursuant to TMC 18.104.170.The decision of the Hearing
Examiner shall be final and shall be appealable only to Superior
Court pursuant to RCW 36.70C.
{Ord. 1796 §3 (part), 1997; Ord. 1768 §3 (part), 1996)
18.108.040 Type 4 Decision Process
A. The Board of Architectural Review or Planning
CommissionCity Council shall make Type 4 Decisions , as
appropriate, following an open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or
Planning Commic• ion, except shoreline conditional use permits,
shall be final unless an appeal is filed to the City Council or Hearing
Examiner pursuant to TMC Chapter 18.116.
GB. Following a public hearing on a Type 4 decision, the
Board of Architectural Review or Planning CommissionCity Council
shall render a written decision, including findings of fact and
conclusions that set forth and demonstrate the manner in which the
decision is consistent with, carries out, and helps implement
applicable state laws and regulations and the 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., and the Department shall promptly ic.cuc a Notice
of Decision pursuant to TMC 18.104.170.
D. Following the rendering of the written decision by the City
Council, the Department shall promptly issue a Notice of Decision
pursuant to TMC 18.104.170. All appeals of Type 4 decisions shall
be filed with the Department within the time limits specified in TMC
18.116.010, except Shoreline Conditional Use Permits, that shall
be appealable only to the State Shorelines Hearings Board
pursuant to RCW 90.58. The Department shall coordinate
scheduling of any City appeal hearing with the City Council.
E. All appeals of Typc 4 decisions, except Shoreline
Conditional Use Permits, shall be closed record appeals, and
processed pursuant to the time limits for such appeals specified in
TMC 18.104.130.
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F. Following a closed record app I h ring on a Type 11
decision, the City Council or Hearing Examiner sha!I render a
written decision, including findings of fact and conclusions, and the
Department shall promptly ic• ue a Revised Notice of Decision
pursuant to TMC 18.104.170.
G. The decision of the City Council or Hearing Examiner
regarding a Type /1 derision shall be final anrd shall be appealable
only to Superior Court pursuant to RCW 36.70C.
{Ord. 2119 §2, 2006; Ord. 1768 §3 (part), 1996)
18.108.050 Type 5 Decision Process
A. The Notice of Application for a Type 5 decision shall set a
date for a public meeting, which shall be conducted at least 5
calendar days prior to the end of the public comment period and at
least 14 calendar days prior to the City Council public hearing. The
public meeting shall bc staffed by a representative of the
Department, who shall explain the decision criteria applicable to
the proposal and the process by which decisions will be reached.
The applicant or applicant's representative shall describe the
proposal which is the subject of the application. Information and
comments submitted at the public meeting shall be considered by
the Department in the preparation of its recommendation to the City
Council, but shall not constitutc part of the public record to be
considered by the City Council in its deliberations.
BA. Type 5 decisions shall be made by the City Council
following an open record public hearing.
GB. Following a public hearing on a Type 5 decision, the City
Council shall render a written decision, including findings of fact
and conclusions that set forth and demonstrate the manner in
which the decision is consistent with, carries out, and helps
implement applicable state laws and regulations and the 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., and the Department shall
promptly issue a Notice of Decision pursuant to TMC 18.104.170.
DC. Following the rendering of the written decision by the City
Council, the Department shall promptly issue a Notice of Decision
pursuant to TMC 18.104.170. The decision of the City Council
regarding a Type 5 decision shall bc final and shall be app alablo
only to Superior Court pursuant to RCW 36.70C.
{Ord. 1768 §3 (part), 1996)
18.108.060 Legislative Decisions
The procedures set forth in TMC Chapters 18.104 through
18.116 shall not be applicable to the adoption or amendment of
any comprehensive plan or subarea plan, or to area wide rezoning
processes, area wide shoreline redesignation processes, street
vacations, or other legislative decisions.
{Ord. 1768 §3 (part), 1996)
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TITLE 18 —ZONING
CHAPTER 18.112
PUBLIC HEARING PROCESSES
Sections:
18.112.010 Rules Applicable to Public Hearings and Appeals
18.112.020 Report by Department, Notice of Hearing
18.112.030 Hearing Scheduling
18.112.040 Hearing Process - Limitations on Testimony
18.112.050 Scope of Decisions
18.112.060 Combined Public Hearing Processes - Other
Agencies
18.112.010 Rules Applicable to Public Hearings and
Appeals
A. The provisions of this chapter shall apply to all public
hearings and to all appeal hearings under this Title.— The
provisions of this chapter do not apply to the adoption or
amendment of the Comprehensive Plan or Development
Regulations, or other legislative decisions.
18.112.020 Report by Department, Notice of Hearing
A. When a Type 3, 4, or 5 decision has been set for public
hearing, or an appeal of a Type 2 decision has been set for an open
record appeal hearing, the Department shall coordinate and
assemble the reviews of other departments and governmental
agencies having an interest in the application and shall prepare a
report summarizing the factors involved and the Department's
findings and recommendation, or decision, as appropriate.
Attachments and appendixes to the report need not be mailed to
parties, but shall be made available for inspection and copying
during normal City business hours at the Department. -_Prior to the
scheduled hearing, the report, and in the case of appeals, the
Notice of Appeal submitted to the City, shall be filed with the
hearing body which will conduct the hearing and copies thereof
shall be mailed to all parties of record who have requested a copy
thereof.
B. If the Notice of Application did not identify a date for the
public hearing, a Notice of Hearing shall be issued by the
Department at least 14 days prior to any public hearing or open
record appeal hearing under this chapter. —_Such Notice shall be
mailed pursuant to TMC 18.104.120 and the posted notice erected
pursuant to TMC 18.104.110 shall be modified to include the Notice
of Hearing.
C. All required Notices of Hearing shall contain the following
information:
1. The file number.
2. The name of the applicant and the owner of the
property, if different than the applicant.
3. A description of the project, the location, a list of the
permits included in the application and the location where the
application, staff report and any environmental documents or
studies can be reviewed.
4. The date, time and place of the public hearing.
5. The name and telephone number of the Department
staff person who can be called for further information.
(Ord. 1768 §4 (part), 1996)
18.112.030 Hearing Scheduling
A. Public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record
appeal hearings on Tyne n decisions shall be scheduled by the
Department to ensure that final decisions are issued within the time
periods provided in TMC 18.104.130.
(Ord. 1768 §4 (part), 1996)
18.112.040 Hearing Process - Limitations on
Testimony
A. To avoid unnecessary delay and to promote efficiency of
the hearing process, the hearing body shall limit testimony to that
which is relevant to the matter being heard, in light of adopted City
policies and regulations, and shall exclude evidence and cross
examination that is irrelevant, cumulative or unduly repetitious.
The hearing body may establish reasonable time limits for the
presentation of direct oral testimony, rebuttal testimony and
argument.
(Ord. 1768 §4 (part), 1996)
18.112.050 Scope of Decisions
A. Any hearing body conducting a public hearing shall have
the authority to approve, deny or approve with conditions a project
permit application, based on the hearing body's findings of fact and
conclusions.
B. Said findings and conclusions shall set forth and
demonstrate the manner in which the action is consistent with,
carries out and helps implement applicable state laws and
regulations and the regulations, policies, objectives and goals of
the City's Comprehensive Plan, the City's Development
Regulations and other applicable official laws, ordinances, rules
and regulations. -_Any hearing body may adopt as its own, findings
and conclusions recommended by the Department. _The City
Architectural Review and Planning Commission's findings and
conclusions regarding Type /1 decisions.
C. In the event that a hearing body determines that it lacks
adequate information on which to make findings of fact necessary
to its decision, the hearing body may remand the project permit to
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the Department for additional information, provided that if the City
Council in the race of a Tyne 4 closed record appeal hearino
determines that it lacks adequate information on which to make
findings of fact necessary to its decision, the City Council shall
remand the project permit to the Board of Architectural Review or
Planning Commission with instructions to re open the public
hearing to take additional testimony and provide the Board of
Architectural Review or Planning Commission's findings on the
factual issue(s) identified by the City Council as requiring such
additional information.
18.112.060 Combined Public Hearing Processes -
Other Agencies
If requested to do so by the applicant, the Department,
pursuant to RCW 36.70B.110(7), shall combine any public hearing
held pursuant to this chapter with public hearings held by other
agencies on the same project, so long as such joint hearing can be
held within the time limits of TMC 18.104.130, unless the applicant
agrees to a different hearing schedule.
(Ord. 1768 §4(part), 1996)
Proed by the City of Tukwila, City Clerk's Office Page 18-293
TITLE 18 — ZONING
CHAPTER 18.116
APPEAL PROCESSES
Sections:
18.116.010 Processes for Permit AppealsTime for Filing Appeal
18.116.020 Time for Filing Appeal
18.116.0320 Dismissal of Untimely Appeals
18.116.0480 Notice of Appeal = Contents
18.116.050 Timely Processing
18.116.010 Processes for Permit Appeals
A. Type 1 and 2 permit decisions shall be final and
conclusive unless a timely and complete appeal is filed.
1. Type 2 shoreline decisions shall be appealed to the
State Shoreline Hearings Board, pursuant to RCW 90.58.
2. All other Type 1 and 2 decisions shall appealed to the
Hearing Examiner.
3. All appeals of Type 1 and 2 decisions shall be open
record appeals.
4. The decisions of the Hearing Examiner shall be final
and shall be appealable only to Superior Court pursuant to RCW
36.70C.
B. Type 3 permit decisions shall be final and conclusive
unless a timely and complete appeal is filed.
1. Shoreline Conditional Use permits shall be
appealable only to the State Shorelines Hearings Board pursuant
to RCW 90.58.
2. All other Type 3 decisions shall be appealable only to
Superior Court pursuant to RCW 36.70C.
C. Type 4 and 5 permit decisions shall be final and
conclusive unless a timely and complete appeal is filed.
1. Type 4 decisions shall only be appealed to the
Superior Court pursuant to RCW 36.70C.
2. Type 5 decisions shall be appealed to either the
Superior Court or the Growth Management Hearings Board.
18.116.020 Time for Filing Appeal
A. Except for shoreline permits that are appealable to
the State Shorelines Hearings Board, all notice of appeal of Type
1 and 2 land use decisions and T„pe '1 decicions made by the
Board of Architectural Review or Planning Commission shall be
filed within 14 calendar days from the date of issuance of the Noticc
of Decisionpermit; provided that the appeal period shall be
extended for an additional seven calendar days if the project
involves any one or more of the following situations:
1. There is another agency with jurisdiction as defined
in WAC 197-11-714(3).
2. The project involves the demolition of any structure
or facility that is not categorically exempt under WAC 197-11-
800(2)(f) or 197-11-880.
3. The project involves a clearing or grading permit not
categorically exempt under WAC 197-11 - 800 through 197-11-
880.
4. A Mitigated Determination of Non-Ssignificance was
issued for the project pursuant to WAC 197- 11-350.
5. A Declaration of Significance for the project has been
withdrawn pursuant to WAC 197-11-360(4) and replaced by a
Declaration of Non-Ssignificance.
B. All notices of appeal shall be submitted along with an
appeal fee pursuant to the fee sched le
GB. Any appeal from a code interpretation issued by the
Director shall be filed within 14 days of the date of issuance of a
final code interpretation by the Director.
DC. All notices of appeal of Type 1 and 2 decisions issued by
City administrators shall be filed within 14 days of the date of the
issuance of a final decision of a City administrator.
ED. Except as specifically provided in this chapter, no
administrative appeals are permitted or required for Type 1, 2, 3,
4, or 5 land use decisions.
(Ord. 2120 §4, 2006; Ord. 1847 §4, 1998;
Produced by the City of Tukwila, City Clerk's Office
Page 18-29429
TITLE 18 - ZONING
18.116.0320 Dismissal of Untimely Appeals
A. On its own motion, or on the motion of a party, the
Department or any hearing body shall dismiss an appeal for
untimeliness or lack of jurisdiction.
18.116.0430 Notice of Appeal - Contents
A. Every Notice of Appeal shall contain the following
information:
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.
3. A statement identifying the decision being appealed
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 an appeal shall be
limited to matters or issues raised in the Notice of Appeal.
4. An appeal fee pursuant to the fee schedule.
B. The Notice of Appeal shall be distributed by the
Department to the body designated to hear the appeal and to
parties of record pursuant to TMC 18.112.020A.
18.116.050 Timely Processing
A. Appeals shall be processed by the examiner as
expeditiously as possible, giving appropriate consideration to the
procedural due process rights of the parties. Unless a
longer period is agreed to by the parties, or the examiner
determines that the size and scope of the project is so
compelling that a longer period is required, a prehearing
conference or a public hearing shall occur within 45 days
from the date the office of the hearing examiner is notified
that a complete statement of appeal has been filed. In such
cases where the examiner has determined that the size and
scope warrant such an extension, the reason for the deferral
shall be stated in the examiner's recommendation or
decision. The time period may be extended by the examiner
at the examiner's discretion for not more than 30 days.
(Ord. 1768 §5 (part), 1996)
CHAPTER 18.120
HOUSING OPTIONS PROGRAM
TEMPORARY
Sections:
18.120.010 Program Goals
18.120.020 Program Standards
18.120.030 Selection Process and Criteria
18.120.040 Fees
18.120.050 Review and Application Process
18.120.060 Public Notice
18.120.070 Program Expiration
18.120.080 Program Evaluation
The goals of the Housing Options Program are to:
1. Increase the choice of housing styles available in tho
community through projects that are compatible with existing
single family developments;
2. Promote housing affordability and ownership by
encouraging smaller homes;
3. Stimulate innovative housing design that improves
the character and sense of community in a neighborhood and can
serve as a model for other areas; 4-1Develep high quality site architectural and
landscape elements in neighborhoods; and
5. Provide a greater variety of housing types, which
respond to changing household sizes and ages (e.g. retirees, small
families, single person households) and provide a means for
seniors to remain in their neighborhoods.
{Ord. 2103 §1(part), 2005)
In order to meet the goals of the Housing Options Program as
set forth in TMC 18.120.010, there will be flexibility with regard to
normally applicable requirements. Standards identified in this
section will apply to the selected housing projects and will prevail
if they conflict with normal regulations. All other requirements of
the City of Tukwila will continue to apply; however, applicants may
propose additional modifications to the Tukwila Municipal Code, as
provided for within the Code.
1. The Permitted Uses and Basic Development
Standards and Maximum Building Footprint sections of the Low ,
Medium and High Density Residential Districts (TMC 18.10.020,
18.10.060, 18.10.057, 18.12.020, 18.12.070, 18.14.020,
18.14.070); the Supplemental Development Standards (TMC
18.50) that relate to yards, house dcsign and orientation; and the
requirements of Minimum Number of Required Parking Spaces
(TMC 18.56.050) shall be replaced by the standards identified in
this section.
Procyed by the City of Tukwila, City Clerk's Office
Page 18-295
TITLE 18 — ZONING
2. Existing homes within a proposed project site must
continue to conform to thc existing code standards unless it can be
demonstrated that the existing homc mccts thc description of a
housing type listed below.
3. The density limitations identified in the Land Use Map
of the Tukwila Comprehensive Plan shall bc determined to have
been met as long as the proposed projcct does not exceed the
equivalent unit calculation set forth in TMC 18.120.020 4.
4. The following development parameters, as shown on
Figure 18 13, arc applicable to all Housing Options Program
applications.
5. The following development parameters arc
supplemental to those in 18 120 020 A and are applicable to any
cottage proposed as a housing options project.
ADDITIONAL ACING OPTIONS PROGRAM COTTAGE
STAN-DARDS
Common Open
Space
Private Open
Space
Attached
Covered
Porches,
• Shall abut at I ast 50% of the cottages in thc
development, and those units must be oriented to
and have they entry from Oho common neon
space.
• Shall have cottages on at least two sides.
• Shall not bc required to be indoors.
• Each cottage shall bc within 60 feet walking distance
of the common open space.
• Shall be oriented to the common open space as,
much as is feasible.
. Shall be in one contiguous and u eable piece with a
minimum dimension of 10 feet on all sides.
• Shall be adjacent to ach cottage and be for the
exclusive use of thc resident of that cottage.
• 80 square feet minimum per unit.
• Shall have a minimum dimension of 8 feet on all
side&
Parking
surface, garages,
or carports
Community
Buildings
if provided
• 18 feet maximum for all structures, except 25 feet
maximum for cottages with a minimum roof slope of
6:12 for all parts of the roof above 18 feet.
• Shall be provided on the subject property.
• Shall be screened from public streets and adjacent
screening.
• Shall be located in clusters of not more than six
adjoining spaces.
• Shall not be located in the front yard, except on a
corner lot where it shall not bc located between the,
entrance to any cottage.
• Shall not be located within 10 feet of a public street,
except if thc stalls lic parallel to the street and the
driveway providing access to those stalls has
parking on only one side.
• May be located between or adjacent to structures if it
is located toward the rear of the structure and is,
served by an alley or driveway.
• All garages shall have a pitched roof design with a
mintmuni-e-lepe-ef-41-2,
. Shall be clearly incidental in and size to the
cottages.
• Shall be commonly owned by thc residents of the-
c
(Ord. 2103 §1 (part), 2005)
A. The Director of DCD shall follow the selection criteria
outlined in TMC 18.120.030 C to decide which projccts arc eligible
for project selection and allowed to apply for design review and/or
for platting.
B. A neighborhood meeting organized by the applicant and
attended by City staff shall be required of the applicant in order to
evaluate thc projcct for program selection. The applicant must
follow the notification procedures outlined in TEA(' 18 120 060 for
public meetings.
C. The Director of Community Development shall bc thc sole
decision maker en whether an application for consideration in the
demonstration program satisfies the criteria. The criteria for project
selection for the Housing Options Program are as follows:
1. Consistency with the goals of the housing options
program as enumerated in TMC 18.120.010.
2. Not morc than one housing option project shall be
approved per City ncighborhood, which are as follows and
illustrated in Figure 18 14.
a. McMicken Heights
b. Tukwila Hill
c. Ryan Hill
d. Allentown
c. Duwamish
f. Foster Point
g. Cascade View
h. Riverton
1. Foster
j. Thorndyke
Foster and Thorndyke are generally divided by South
136th Street and 48th Avenue South.
3. Proposals must be at least 1,500 feet from any other
housing project considered under TMC Chapter 18.120.
4. Demonstration of successful development by the
applicant of thc proposed product elsewhere.
5. The location and size of the project is acceptable and
of low impact relative to the neighborhood, the surrounding land
uses, topography and street system. For example, attached
housing should be located on land with direct access to a collector
arterial or along a ncighborhood edge or in or adjacent to medium
or high density districts.
6. The concerns of the community arc addressed in the
proposal's design.
in the form of a letter inviting the applicant to submit for the project
within one year of the date of the letter, shall be the final decision
of the City on selection of eligible projccts and may not be
administratively appealed.
(Ord. 2103 §1 (part), 2005)
Produced by the City of Tukwila, City Clerk's Office
Page 18-29431
TITLE 18 — ZONING
18.120.040 Fees
There is no fee for application for selection into the Housing
Options Program as described in TMC 18.120.030. The adopted
fees for the processes, which are described in TMC 18.120.050
shall be charged for the relevant required underlying applications.
{Ord. 2103 §1 (part), 2005)
18.120.050 Review and Application Process
A. Limited time frame to apply. When the Director of DCD
selects an application as outlined in TMC 18.120.030, the project
proponent must apply within one y r for thc appropriate
decision(s) or the selection will become null and void.
B. Type of Application. Decision types are described in
the Permit Application Types and Procedures Chapter of the
Tukwila Zoning Code (TMC Chapter 18.104). In all cases, design
review is required and shall be consolidated per "Consolidation of
Permit Applications" in the Permit Application Types and
Procedures Chapter (TMC Section 18.104.030). The type of land
use application shall be determined pursuant to the permit types
and thresholds listed under TMC Section 18.104.010.
C. Decision Criteria. Thc relevant decision makers shall use
the following criteria to review and either approve, approve with
conditions, or deny any project allowed into thc Housing Options
Program as well as —use the relevant decision criteria for design
review and/or platting.
1. Meets the goals of the program, as set forth in TMC
18.120.010;
2. Complies with the Multi family, Hotel and Motel Design
Review Criteria, stated in the Board of Architectural Review
chapter, Design Review Criteria section of the Tukwila Zoning
Code (TMC 18.60.050 C); and
3. Demonstrates the following:
a. Thc proposal is compatible with and is not larger in scale
than surrounding development with respect to size of units, building
heights, roof forms, building setbacks from each other and property
lines, parking location and screening, access, and lot coverage;
b. Variety is provided through a mixture of building designs,
sizes and footprints;
c. The proposal provides elements that contributc to a sense
of community within the development and the surrounding
neighborhood by including elements such as front entry porches,
common open space and/or common building(s); and
d. Any proposed Type 2, 3 and 4 modifications to
requirements of the Permit Application Types and Procedures
(TMC 18.10/1), other than those specifically identified in TMC
18.120.020, are important to the success of the proposal as a
housing options project.
D. Expiration of Approval. When a Notice of Decision is
issued on a Housing Options Program project, the applicant shall
have one year to apply for subsequent permits.
{Ord. 2368 §72, 2012; Ord. 2103 §1 (part), 2005}
A. Notice of the pre proposal meeting with the neighborhood
will be a letter from the applicant mailed first class to all property
owners and residents within 500 feet of the proposed development.
B. Subsequent publishing, mailing and posting shall follow
the procedures of the Permit Application Types and Procedures of
TMC Chapter 18.104.
{Ord. 2103 §1 (part), 2005)
18 12n mn Program Expiration
The Housing Options Program is available for thrcc y rs from the
effective date of this ordinance. A total of three projects may be
developed as part of the Program and selected projects must vest
themselves with a Type 2, 4, or 5 application before the program
expires on October 8, 2008.
{Ord. 2103 §1 (part), 2005)
Upon completion and full occupancy of a project, DCD shall
evaluate and report to the Planning f ommission and City Council
on the results of the Program.
(Ord. 2103 §3, 2005)
Pried by the City of Tukwila, City Clerk's Office
Page 18-297
TITLE 18 - ZONING
Produced by the City of Tukwila, City Clerk's Office Page 18-29433
434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS
ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL
CODE (TMC) TITLE 19, "SIGN AND VISUAL
COMMUNICATION CODE"; REENACTING TITLE 19; TO
REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY
INTERNAL POLICIES, AND REFLECT CHANGES IN
STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023, the Washington State Legislature recently adopted Senate Bill
5290 ("SB 5290"), which made changes to the land use permitting process; and
WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC),
Title 19, "Sign and Visual Communication Code," in alignment with current practices, to
improve clarity, and to bring the TMC into compliance with SB 5290; and
WHEREAS, the City Council finds that the amendments herein further the public health,
safety, and welfare of the residents of Tukwila.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. Repealer. All ordinances as codifed in Title 19, "Sign and Visual
Communication Code," and as referenced in Exhibit A, are hereby repealed, thereby
eliminating Title 19 in its entirety.
Section 3. TMC Title 19 Reenacted. TMC Title 19 is hereby reenacted to read as
follows:
2024 Legislation: Title 19 Repeal and Reenact
Version: 7/30/24
Staff: I. Gloor
Page 1 of 3
435
TITLE 19
SUBDIVISIONS AND PLATS
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 Varianccs
19.32 Master Sign Program
19.36 Non -Conforming Provisions
19.37 Non -Confirming 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 180' Street
(for illustrative purposes only)
Figure 3 Sign Height
Figure 4 Sign Sight Distance Triangle
Section 4. Chapters Established. All chapters and figures of TMC Title 19 are hereby
established to read as referenced in Exhibit B.
Section 5. Corrections by City Clerk or Code Reviser Authorized. 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 (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
2024 Legislation: Title 19 Repeal and Reenact
Version: 7/30/24
Staff: I. Gloor
436
Page 2 of 3
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
2024 Legislation: Title 19 Repeal and Reenact
Version: 7/30/24
Staff: I. Gloor
Page 3 of 3
437
Chapters
19.04 General Provisions
19.08 Definitions
EXHIBIT A:
REPEALERS
Ordinance(s) Repealed
2303 §1 (part)
2303 §2 (part); 2375 §1; 2375 §2;
2375 §3; 2375 §4; 2679 §1
19.12 Permits 2303 §3 (part); 2375 §5; 2469 §1;
2501 §1; 2501 §2; 2501 §3;
2549 §26; 2549 §27
19.16 Construction, Maintenance and
Removal of Signs 2303 §4 (part)
19.20 Permanent Signs 2305 §5 (part); 2375 §6, §7, §8,
& §9; 2409 §1; 2501 §4 & §5;
2679 §2, §3 & §4
19.22 Tukwila Urban Center Opt -Out
Provisions
19.24 Temporary Signs
19.28 Variances
19.32 Master Sign Program
19.36 Non -Conforming Provisions
19.37 Non -Conforming Provisions
in Annexation Areas
19.38 Billboards
2303 §6 (part)
2303 §7 (part); 2501 §6 & §7;
2549 §28
2303 §8 (part)
2303 §9 (part); 2375 §10; 2501 §8;
2679 §5
2303 §10 (part); 2444 §1 & §2
2375 §11 (part)
2303 §11 (part); 2501 §9
438
EXHIBIT B:
REENACTED TITLE 19
"SIGN AND VISUAL COMMUNICATION CODE"
439
TITLE 19
SIGN AND VISUAL COMMUNICATION CODE
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 VarianccJ
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
Exhibit B: Title 19 Repeal and Reenact
440 Version: 7/31/24
Page 1 of 50
CHAPTER 19.04
GENERAL PROVISIONS
Sections:
19.04.010 Title
19.04.020 Intent
19.04.030 Liability for Damages
19.04.040 Severability Clause
19.04.050 Third Party Review and Inspections
19.04.060 Substitution
19.04.070 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."
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.
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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 2 of 50
441
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.
19.04.050Third 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.
19.04.060 Substitution
Notwithstanding anything herein to the contrary, noncommercial copy may be
substituted for commercial copy on any lawful sign structure.
19.04.070Conflict 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.
CHAPTER 19.08
DEFINITIONS
Sections:
19.08.010 Generally
19.08.020 Abandoned Sign
19.08.030 Awning
19.08.040 Awning/Canopy Side Sign
19.08.050 Awning/Canopy Sign, Under
19.08.055 Awning Face Sign
19.08.060 Billboard
19.08.065 Building -Mounted Sign
19.08.067 Billboard Receiving Areas
19.08.069 Billboard Sending Areas
19.08.070 Cabinet Sign
19.08.072 Canopy
19.08.074 Canopy Edge Sign
Exhibit B: Title 19 Repeal and Reenact
442 Version: 7/31/24
Page 3 of 50
19.08.076 Channel Letters
19.08.080 Commercial Real Estate Signs
19.08.082 Commercial Zones
19.08.084 Corner Projecting Sign
19.08.090 Department
19.08.091 Digital Billboard
19.08.092 Director
19.08.094 Dynamic Sign
19.08.100 Electronic Sign
19.08.110 Exposed Building Face
19.08.120 Flush Mounted Building Sign
19.08.130 Freestanding Sign
19.08.140 Freeway Interchange Sign
19.08.142 Fuel Canopy
19.08.144 GBCI
19.08.145 Height, Freestanding Sign
19.08.150 Industrial Zone
19.08.155 Institutional Use
19.08.160 Landmark Business
19.08.162 LEED
19.08.165 Master Sign Program
19.08.170 Monument Sign
19.08.180 Multi -Family Complex
19.08.183 Mural
19.08.185 Off -Premise Signage
19.08.190 Parking Structure Incentive Sign
19.08.195 Permanent Sign
19.08.200 Pole Banner
19.08.210 Portable Sign
19.08.215 Projecting Sign
19.08.220 Premises
19.08.225 Residential Zone
19.08.230 Sight Distance Triangle
19.08.235 Sign
19.08.240 Sign Area
19.08.245 Standard Billboard
19.08.247 Tukwila Urban Center
19.08.250 Temporary Sign
19.08.260 Tukwila International Boulevard Corridor
19.08.265 Window Sign
19.08.270 Window Sign, Temporary
19.08.280 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
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 4 of 50
443
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.
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.
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.
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.
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.
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.
Exhibit B: Title 19 Repeal and Reenact
444 Version: 7/31/24
Page 5 of 50
BOUTIQUE EUROPA
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.
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.
19.08.067 Billboard Receiving Areas
Billboard Receiving Areas are those areas of the City along South 18Oth Street
zoned as Commercial/Light Industrial; those properties south of South 18Oth 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.
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.
19.08.070 Cabinet Sign
Cabinet Sign means a geometrically -shaped sign with a translucent face, backlit by
an internal light source.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 6 of 50
445
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.
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.
19.08.076 Channel Letters
Channel Letters mean three-dimensional, individually -cut letters or figures affixed to
a structure.
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.
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.
Exhibit B: Title 19 Repeal and Reenact
446 Version: 7/31/24
Page 7 of 50
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.
19.08.090 Department
Department means the Department of Community Development or subsequent
organizational successor.
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.
19.08.092 Director
Director means the Director of Community Development or his/her designee.
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.
19.08.100 Electronic Sign
Electronic Sign means a sign containing a display that can be changed by electrical,
electronic or computerized process.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 8 of 50
447
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.
19.08.120 Flush Mounted Building Sign
Flush Mounted Building Sign means a sign located on and parallel to a building wall.
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.
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.
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.
19.08.144 GBCI
GBCI means the Green Building Certification Institute or successor entity.
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.
19.08.150 Industrial Zone
Industrial Zone means any area of the City zoned LI, HI, MIC/L or MIC/H.
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.
Exhibit B: Title 19 Repeal and Reenact
448 Version: 7/31/24
Page 9 of 50
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.
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.
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.
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.
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.
19.08.183 Mural
An expression of public art painted directly on the exterior of a building or on a
backing that is affixed to the building and that has the consent of the property owner. Text
or logos related to the businesses located at the site are not considered to be part of a
mural and are subject to the regulations set forth in this code.
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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 10 of 50
449
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.
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.
19.08.200 Pole Banner
Pole Banner means a fabric banner sign attached to a street or parking lot light pole.
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.
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.
Exhibit B: Title 19 Repeal and Reenact Page 11 of 50
450 Version: 7/31/24
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.
19.08.225 Residential Zone
Residential Zone means any area of the City zoned LDR, MDR or HDR.
19.08.230 Sight Distance Triangle
Sight Distance Triangle. See Figure 19-4
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.
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,
together with any frame or other material or color forming 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-dimensional sign shall be the surface area of a geometric figure such as sphere,
rectangle or cylinder that completely contains the sign element.
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 TMC 19.08.091.
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.
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.
19.08.260 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.
Exhibit B: Title 19 Repeal and Reenact Page 12 of 50
Version: 7/31/24
451
19.08.265 Window Sign
Window Sign is a sign applied to a window or mounted or suspended directly behind
a window.
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.
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.
CHAPTER 19.12
PERMITS
Sections:
19.12.010 Administration
19.12.020 Sign Permits Required
19.12.030 Exceptions - Sign Permits Not Required.
19.12.040 Prohibited Signs and Devices
19.12.050 ProcessParty of Record
19.12.060 Notice of Complete Application
19.12.070 Notice of Application
19.12.080 Notice of Hearing
19.12.090 Notice of Decision
19.12.100 Time Periods for Permit Issuance
19.12.110 Date of Decision
19.12.120 Appeals
19.12.130 Notice of App ab
19.12.140 Dismissal of Untimely App Is
19.12.150 Sign Permit Expiration for Permanent Signs
19.12.160 Sign Code Interpretation
19.12.170060 Sign Code Violations
19.12.180 Business License and Affidavit Requirement
19.12.010 Administration
The Director of Community Development (hereinafter "Director") or his or her their
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
Exhibit B: Title 19 Repeal and Reenact
452 Version: 7/31/24
Page 13 of 50
with Section TMC 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. All permits
referenced in this Title are subject to the permitting requirements found in TMC 18.104.
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.
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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 14 of 50
453
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.
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.
Exhibit B: Title 19 Repeal and Reenact
454 Version: 7/31/24
Page 15 of 50
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.
19.12.050 ProcessParty_„f_Record
Sign Permit and Master Sign Program applications are type 1 decisions pursuant to
TMC 18.104.010. Any person who submits comments in writing on an application during
always be considered a party of record.
19.12.0601-70 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.
B. 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 10 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 10-day period has expired, the
City shall have the right to dispose of the signs.
C. Any violation of this code shall be considered a public nuisance and subject to
enforcement and penalties as prescribed by TMC Chapter 8.45 and the issuance of a
Notice of Violation in accordance with TMC Section 8.45.070.
CHAPTER 19.16
CONSTRUCTION, MAINTENANCE AND REMOVAL OF SIGNS
Sections:
19.16.010 Construction
19.16.020 Structural Review
19.16.030 Required Inspections for Permanent Signs
19.16.040 Maintenance
19.16.050 Removal of Abandoned Signs
19.16.060 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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 16 of 50
455
B. All signs within the City shall comply with the electrical requirements of the
City's adopted Electrical Code.
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.
19.16.030 Required Inspections for Permanent Signs
A. When a sign triggers structural review, per Section TMC 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
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 replaced in accordance with the
original permit unless the sign is non -conforming, per Chapter TMC 19.36.
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.
Exhibit B: Title 19 Repeal and Reenact Page 17 of 50
456 Version: 7/31/24
19.16.050 Removal of Abandoned Signs
A. The Director shall order the removal of any sign that is abandoned as defined
by TMC 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 TMC 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.
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 imminent threat to public safety or damage to adjacent
structures.
CHAPTER 19.20
PERMANENT SIGNS
Sections:
19.20.010 Intent
19.20.020 Permanent Sign Application Requirements 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
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 18 of 50
457
19.20.010 Intent
A. 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.
19.20.020 Permanent -Sign -Application RequirementsMa},,.�te, ials
A. All applications to install a permanent sign or other visual communication
device shall be subject to the application requirements found at TMC 18.104.060.include
the following:
1. Three copies of a completed and signed application form provided by the City.
buildings and parking areas; the location of all existing freestanding signs on the
licensed surveyor; however, the City shall have the authority to require a site plan
3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with
ar a calculations.
exposed building facc uscd to calculate the sign area.
proposed.
6. Method of illumination, if proposed.
7. Details for any dynamic portions of the proposed signs.
8�M e d of supperrt ac-and attachmi--rent fir b ilydinn_mo int nc
9. If freestanding signs are proposed, the scaled and dimensioned footing designs and
height calculations.
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.
19.20.030 Permanent Signs in Residential Zones
A. Institutional uses and multi -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.
Exhibit B: Title 19 Repeal and Reenact
458 Version: 7/31/24
Page 19 of 50
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.
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 TMC 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 TMC
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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 20 of 50
459
c. Illumination of the dynamic sign is limited to the hours of 7am to
1Opm.
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 Tight 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.
19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones
A. Monument/freestanding 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 Commercial and Industrial Zones
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
Exhibit B: Title 19 Repeal and Reenact
460 Version: 7/31/24
Page 21 of 50
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.
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.
Exhibit B: Title 19 Repeal and Reenact Page 22 of 50
Version: 7/31/24
461
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
to buildincs
sign allowances below shall only apply
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.
B. Awning Face Sign: An awning face sign may be substituted for a flush -
mounted building sign, allowed under Section TMC 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.
Exhibit B: Title 19 Repeal and Reenact
462 Version: 7/31/24
Page 23 of 50
5. The sign may only consist of vinyl or paint applied directly to the awning.
6. In commercial zones awnings may only be constructed 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 sign extend beyond the sidewalk which it overhangs.
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 TMC
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 buildings 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 bottom -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 displays. The use of strobe lights, video displays
and rotating lights is prohibited.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 24 of 50
463
E. Canopy -Edge Sign: A canopy -edge sign may be substituted for a projecting
sign, allowed under Section TMC 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
TMC 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 lettering, 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:
Exhibit B: Title 19 Repeal and Reenact
464 Version: 7/31/24
Page 25 of 50
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 fagade as a public entrance to the
business are eligible for permanent window 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 window 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 TMr 19.24.080,
"Temporary Window Signs."
h. If the signs are illuminated, only exposed neon tubing is permitted.
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 TMC 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
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 26 of 50
465
materials in a planting bed at least two feet in width and provided with permanent
irrigation.
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 feet in area.
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.
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
Coda.
B. Pole banners may only be attached to parking lot light 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.
19.20.070 Dynamic Displays in Commercial/Industrial Zones
,1. Dynamic signs are strictly prohibited within commercial and industrial zones,
except where specifically allowed for designated sign types.
CHAPTER 19.22
Exhibit B: Title 19 Repeal and Reenact
466 Version: 7/31/24
Page 27 of 50
TUKWILA URBAN CENTER OPT -OUT PROVISIONS
Sections:
19.22.010 Purpose
19.22.020 Nev. Opt -out Permitted
19.22.025 Other Chapters Remain in Force
19.22.027 Permanent Sign Application RequirementsMaterial:
19.22.030 Allowable Signage
19.22.035 Dynamic Signs
19.22.040 Right to Opt -Back In
19.22.010 Purpose
The Tukwila Urban Center defined in TMC Scction 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 establishe s
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.
19.22.020 New Opt -outs Not Permitted
A. In order to opt -out of the provisions of this Title, property owners must have
suamitted a letter to the Director notifying the City of the property owner's intent to opt -
out within one year of the effective date of Ordinance No. 2303, passed in 2010. As this
date has now passed, no new opt -outs shall be permitted. A property owncr 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 thc property owncr's intcnt to "opt out" of Chaptcr 19.20 within ono
tenants on the premise.
2. The letter must includc a map idcntifying all parccls includcd in thc "opt
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
criteria listed above.
19.22.025 Other Chapters Remain in Force
r A decision to opt out as permitted by TMC Section 19.22.020 is only from
Chapter 1 ivies 19.20 and all other chapters of this Title shall remain in full force. Properties
that have opted out of the requirements of Chapter TMC 19.20 are ineligible to participate
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 28 of 50
467
in the Master Sign Program found in Chapter TMC. 19.32 unless the property owner
chooses to opt back in pursuant to TMC Section 19.22.040.
19.22.027 Permanent -Sign -Application Requirements Materials
H. All applications to install a permanent sign or other visual communication
device under this chapter shall be subject to the application requirements found at TMC
18.104.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 ar s; the location of all cxisting frccstanding 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 rcquirc sitc plans to be prcparcd by a
Iri Jed—s-urveyor• however the—C shall have the as rity to rogue —a si-t n
o r
City's review of the proposed application.
ar calculations.
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 andattach ent 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.
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.
Exhibit B: Title 19 Repeal and Reenact
468 Version: 7/31/24
Page 29 of 50
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: All 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
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 30 of 50
469
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.
19.22.035 Dynamic Signs
A. 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.
19.22.040 Right to Opt -Back In
A. A property owner that previously chose was approved 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.
CHAPTER 19.24
TEMPORARY SIGNS
Sections:
19.24.010 Purpose
19.24.020 Application RequirementsMaterials 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 Additional Temporary Signage
19.24.070 Portable Signs
19.24.080 Temporary Window Signs
19.24.090 Violations
19.24.010 Purpose
A. 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.
Exhibit B: Title 19 Repeal and Reenact
470 Version: 7/31/24
Page 31 of 50
19.24.020 Application tequirementsMateriais for Temporary and Special Event
Sign Permits
A. All applications to install a temporary sign or other visual communication device
shall be subject to the application requirements found at TMC 18.104.include:
1. Two copies of a completed and signed application form provided by the City;
3. Two copies of scaled and dimensioned drawings of the proposed sign or signs with
ar calculations and text;
building -mounted sign is proposed;
5. Leng ec display• and
e
6. Fee, as established in the most current fee schedule.
19.24.030 Temporary Signs in Residential Zones
In addition to the signage permitted under Section TM( 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 TMC, 19.12.040.6. The
duration of the permit shall not exceed 72 hours.
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.
Exhibit B: Title 19 Repeal and Reenact
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Page 32 of 50
471
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.
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.
19.24.060 Additional Temporary Signage
A. 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.
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.
Exhibit B: Title 19 Repeal and Reenact
472 Version: 7/31/24
Page 33 of 50
6. The signs can be safely displayed and placed.
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.
19.24.090 Violations
�. Any violation of this chapter, or failure to comply with any of the requirements
of this chapter, shall be subject to enforcement and penalties as prescribed in TMC
Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section
8.45.070.
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 Requirements Material
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
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 34 of 50
473
the Sign Code listed in Section TMC 19.04.020. Signs permitted under this chapter may
only list on -premise businesses, products and uses.
19.32.020 Eligibility
A. 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.
19.32.030 Process
A. Master Sign Programs are Type 1 Permit decisions in accordance with TMC
18.104. ,
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 Dircctor. No app of ster Sign, Program deck?
permitted. Approval of a Master Sign Program does not waive the permit requirements
for individual signs.
19.32.040 Criteria
A. 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.
19.32.050 Master Sinn, Program Application RequirementsMa+ ;s
A. Applications for Master Sign Programs shall be subject to the application
requirements found at TMC 18.104.060.must be accompanied by the following materials:
Exhibit B: Title 19 Repeal and Reenact
474 Version: 7/31/24
Page 35 of 50
1. Three copies of a completed and signed application form provided by the City.
2. Three copics of a dimcnsioncd and scaled site plan showing property lincs,
requested through the program. Generally, the City will not require site plans to be
in the City's review of the proposed application.
BT-hree-copi�-scaled and dimensioned drawingsofthe nam�ed sign or signs
with area and height calculations N ""'
exposed building face uscd to calculate the sign area.
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.
installation of a grand monument sign is proposed.
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.
1'1 Payment of e fes sted in the City's cu ent fee schedule
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
TM 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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 36 of 50
475
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.
B. In addition to the above listed modifications, the following additional sign types may
be allowed with Board of Architectural Review approval:
1,6. 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. One additional roof -top
sign may be permitted if the roof -top signs are approved as part of the design review
approval of the structure.
2,7. 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 TMC 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.
Exhibit B: Title 19 Repeal and Reenact
476 Version: 7/31/24
Page 37 of 50
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.
3:8. 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.
19.32.070 Existing Signs Not Conforming to a Master Sign Program
A. 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 TMC 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.
19.32.075 Copy and Refaces of Monument and Grand Monument Signs
Approved under this Chapter
A. A monument sign or grand monument sign permitted under this section TMC
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.
19.32.080 Regional Gateway Sign
A. 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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 38 of 50
477
19.32.090 Binding Effect
A. 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.
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
19.36.050030 Existing Freeway Interchange Signs
19.36.060 Non Conforming Tcmporary Sign:
19.36.0 -0040 Additional Signage Prohibited
19.32.080050 Financial Incentives — Tukwila International Boulevard Corridor
19.36.010 Purpose
A. 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 cffcctivc datc 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.
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.
Or. nce No 1274 and amended by Ordinan s. 16 17 1649 177Q 1792 185.7
1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non conforming upon
adoption of this codc, may be issued a non conforming sign permit that will allow them to
grace period." This section does not apply to signs that were classified as "freeway
interchange" under the previous Sign Code.
Exhibit B: Title 19 Repeal and Reenact
478 Version: 7/31/24
Page 39 of 50
D. Sign Modifications During the Grace Period. During the grace period, the sign may
sign remain unchanged. A non conforming sign permit will be issued for work covered
,
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.
19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code
adopted by Ordinance Iv T 7i1 and amended by Ordinan oss�o1 649, 117r73,
1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain
permit and is able to demonstrate the signs were legally conforming at the time of
way to a sign covered undcr this section will require thc sign be brought into compliance
with this Code
19�Q 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
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 cligiblc for a non conforming sign permit. If the
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 thc 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 cligiblc non
conforming signs within the City. The sign owner shall obtain the permit within 180 days
of notificp' �# nd for any pane-l-e-rcop�ychanges allowed during the grace
period.
3. flpn�IT atI Yfs /Applications for a non conforming sign permit shall contain the
CTGoI ,
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 40 of 50
479
to ensure compliance with this chapter. The Director may waive specific submittal
requirements determined to be unnecessary for review of an application.
sign permit shall use thc forms provided by thc Department. Thc Director shall issue
nonconforming sign permits upon a determination of eligibility. Thc Director may require
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 change to the structure or sign panel/face/copy or any
relocation, re -erection, alteration, replacement or change in any way to a sign is
proposedany panel or copy changcs arc 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.
19.36.050030 Existing Freeway Interchange Signs
A.
Code are permitted a five year grace period starting from the effective datc of Ordinance
No. 2303 (August 24, 2010). During thc 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 e; wed. Application for a sign permit is
nce ,_ the Sign Code is ritet, igger d by an„ relocation, re -erection, alteration,
replacement or change in any way to the structure or sign panel/face/copy of any existing
sign classified as a freeway interchange signs under the previous sign code is prohibited
and will result in a loss of non -conforming status. -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.
Exhibit B: Title 19 Repeal and Reenact Page 41 of 50
480 Version: 7/31/24
19.36.070040 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.
19.36.08005 Financial Incentives — Tukwila International Boulevard Corridor
A. 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 reviewed 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.
CHAPTER 19.37
NON -CONFORMING SIGNS IN
ANNEXATION AREAS
Sections:
19.37.010 Purpose
19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs
19.37.030 Non -Conforming Sign Permits
19.37.040 Non -Conforming Temporary Signs
19.37.050 Additional Signage Prohibited
19.37.010 Purpose
The purpose of this chapter is to establish limits on the use of and requirements
for the removal of non -conforming signs within areas of the City that were annexed after
May 1, 2012. Subject to the remaining restrictions of this chapter, non -conforming signs
that were otherwise lawful on the effective date of the annexation may remain subject to
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 42 of 50
481
the limitations under this chapter. The provisions of this chapter do not apply to billboards
within annexation areas.
19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs
A. All permanent signs within annexation areas are 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
King County ordinances or regulations of the State of Washington. The burden of
establishing that a sign is non -conforming lies solely with the individual asserting the claim
that a sign is non -conforming.
B. Any monument sign installed within an annexation area 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 in Annexation Areas: Signs that were
installed within the annexation area prior to the effective date of the City's annexation and
became non -conforming upon annexation in the City, may be issued a non -conforming
sign permit that will allow the signs to remain for 10 years from the effective date of the
annexation. This 10-year period shall be known as the "annexation grace period."
D. Sign Modifications During the Annexation Grace Period: During the
annexation grace period, signs with non -conforming sign permits 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 signs 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 Annexation Grace Period: After the annexation
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 the sign code in effect at the time of submittal of a complete sign permit
application.
19.37.030 Non -Conforming Sign Permits
A. Non -Conforming Sign Inventory: The Director shall, as soon as practicable
after the effective date of the annexation, survey the annexation area for signs that do not
conform to the requirements of Title 19. Upon determination that a sign is non -conforming
or illegal, the Director shall use reasonable efforts to notify the sign owner, in writing 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
Exhibit B: Title 19 Repeal and Reenact
482 Version: 7/31/24
Page 43 of 50
sign is associated. 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 Type 1 Sign Permit non conforming sign permit is
required for all eligible non -conforming signs within the annexation areas. The sign owner
shall obtain the permit within 180 days of notification by the City. Sign permits shall be
obtained for any panel or copy change allowed during the annexation grace period. There
is no permit fee for the issuance of the non -conforming sign permit.
3. Applications: Applications for a non -conforming sign permit shall be
subject to the application requirements found at TMC 18.104.shall contain the name and
compliance -with -this chapter. The Director may waive specific submittal requirements
determined try be , n-neeescary for review of an application
4. Failure to Respond: It is the sign owner and/or property owner's
responsibility to return the non -conforming sign permit to the City within the 180 days of
notice as outlined in this section. Failure to respond will constitute a waiver of any grace
period provided to the sign under this chapter and modifications to the sign will be
controlled by TMC Section 19.36.030.
5. Permit Issuance: Any perso ;- su tting ; eati r a -
conforming sign permit shall use the forms provided by the Department. The Director
shall issue non -conforming 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
accordancc with TMC Section 19.12.120.
C. Loss of Legal Non -conforming Status: Non -conforming signs shall be
brought into compliance with this chapter upon the occurrence of one or more of the
following events:
1. When an application is submitted to the City for a project that is subject to
design review, 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.
2. When any panel or copy changes are proposed after the expiration of the
annexation grace period.
3. When the sign meets the definition of abandoned.
4. Damage of 25 percent or more in the value of either the non -conforming
sign or the structure to which it is affixed.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 44 of 50
483
D. Maintenance: 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.
19.37.040 Non -Conforming Temporary Signs
A. Non -conforming temporary signs in annexation areas must be removed within
120 days of the effective date of the annexation.
B. Commercial real estate signs in existence in the annexation area 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.
19.37.050 Additional Signage Prohibited
A. No additional permanent building -mounted signage is permitted on a tenant
space that contains a non -conforming sign. No additional permanent freestanding signs
are permitted on a premises that contains a non -conforming freestanding sign.
CHAPTER 19.38
BILLBOARDS
Sections:
19.38.010 Purpose
19.38.020 Billboard Receiving Areas Established
19.38.030 Billboard Sending Areas Established
19.38.040 New Billboards
19.38.050 Refurbishing Existing Billboards
19.38.060 Application Materials for Billboards within the City
19.38.010 Purpose
A. The purpose of this chapter is to establish regulations for the use of billboards
within the City. The City desires to establish a process that will allow some use of
billboards within certain areas of the City while at the same time working to remove
billboards in areas of the City where the use of such signs is no longer appropriate or
desired.
19.38.020 Billboard Receiving Areas Established
A. New billboards shall only be permitted in designated receiving areas.
19.38.030 Billboard Sending Areas Established
A. All areas of the City that are not designated as receiving areas in TMC
19.38.020 are hereby designated as billboard sending areas, from which billboards must
be removed before construction of the billboard in the receiving area can commence.
Exhibit B: Title 19 Repeal and Reenact
484 Version: 7/31/24
Page 45 of 50
19.38.040 New Billboards
No new billboards, neither digital nor standard, will be permitted within the City
unless the applicant reduces the total number of existing billboards within the City sending
areas.
1. Installing new billboards within designated receiving areas requires
securing the removal of existing billboards within designated sending areas.
2. Table 1 shows the ratio that will be used to determine the number of
billboards that must be removed (cut to or below grade, including removal of the pole
structure) within designated sending area ,1 order to install a billboard within designated
receiving areas. Removal of all billboards included in an application for a new billboard
must be completed before construction can commence on the proposed billboard in the
application.. The ratio outlined in Tablc 1 shall only be valid for fivc y rs following tho
new
billboard must be removed before construction can commence on the proposed billboard.
Table 1
Type • of Billboard
Proposed in ¶
Designated Receiving
&earl
Number of Billboard Faces
Designated Scnding •Arcasn
One Static- Billboard
Pawn
asen
3. Five years after the effective date of this code, the ratio outlined in Table 1 shall
billboard must be completed before construction can commence on the proposed
billboard in the application
Table 2
Table 1
Type of Sign Proposed in
Designated Receiving Area
Number of Billboards That Must Be
Removed Within Designated Sending
Areas
One Static Billboard Face
Five billboard faces
One Digital Billboard Face
Seven billboard faces
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.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 46 of 50
485
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.
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 23.
Table 23
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.
45. 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.
Exhibit B: Title 19 Repeal and Reenact Page 47 of 50
486 Version: 7/31/24
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.
19.38.050 Refurbishing Existing Billboards
Existing billboards within designated sending areas may be refurbished and
upgraded, subject to the following standards:
1. The refurbished billboard must remain on the same premise.
2. The applicant shall demonstrate that the billboard that is being refurbished
was legally installed.
3. The number of faces for the billboard remains the same or is reduced from
the existing billboard.
4. The height of the billboard may not be increased.
5. Setbacks for the billboard remain unchanged. If the setbacks do not
comply with setbacks for the underlying zoning, the billboards can be relocated provided
they come closer to complying with the required setbacks. In no case shall the billboard
be moved closer to a property zoned LDR, MDR or HDRwiti III 1 d 1 CJIUCI Illdl LUI IC.
6. Non -digital billboards cannot be refurbished or upgraded to either tri-vision
or digital displays.
7. Improvement of lighting is permitted. Foot candles produced by the
billboard may not extend offsite.
8. Additional signage may be attached to sign provided it complies with TMC
Section 19.38.040.H.
9. Area of an individual face shall not exceed 500 square feet. The area of a
face can be increased to up to 672 square feet if the billboard operator agrees to make
the billboard available for public service announcements and emergency alerts. Public
service announcements shall include, but not be limited to, advertising for civic events
e�i� n —su- h_gJ Tu-kwila Days any Bac-kyard W-i-l-JHfo Fa, . Emergency alerts shall
include those messages necessitating the immediate release of information pertaining to
the protection and preservation of public safety. Emergency alerts include, but are not
limited, Amber Alerts and emergency evacuation orders. The Director of Community De-
velopment, working with the Director of Public Works, Director of Parks and Recreation,
Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public
service and emergency alerts. The rules shall specify required message duration and
length of display for both public service announcements and emergency alerts.
Exhibit B: Title 19 Repeal and Reenact
Version: 7/31/24
Page 48 of 50
487
19.38.060 Application Materials for Billboards within the City
A. All applications to install a billboard shall be subject to the application
requirements found at TMC 18.104.chall include the following:
streets, buildings, parking areas and proposed location of the billboard. The site map shall
clearly show the location of the billboard footings and the edge of the billboard structure.
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.
other billboards located within 600 feet.
drawing shall also indicate if the billboard will be a static or digital billboard.
6. Specific location of billboards proposed to be removed in compliance with Section
19.38.040 three sets of structurc calculations.
foot candle distribution pattern.
8. If the rate of change on a digital billboard is proposed to cxcccd thc permitted rate
safety study specific to the proposed location of the digital billboard. The study shall
examine specific traffic impacts of thc proposed digital billboard, including potential
distraction to motorists and impact to traffic flows. The City Engineer may request that
additional factors be examined based on specific site issues.
9. Fee as established in the most current fee schedule.
11. Tukwila business license number for the sign contractor, if applicabl
Exhibit B: Title 19 Repeal and Reenact Page 49 of 50
488 Version: 7/31/24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1331 §19, 1344 §10, 1770 §84, AND 2374 §1, AS CODIFIED
AT TMC SECTION 21.04.210; TO REMOVE AMBIGUITIES,
CODIFY INTERNAL POLICIES AND REFLECT CHANGES
IN STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, certain sections of Chapter 21 of the Tukwila Municipal Code ("TMC") need
to be updated and brought into compliance with SB 5290; and
WHEREAS, there are also certain ambiguities and policies in the TMC that need to be
revised and updated; and
WHEREAS, the City Council finds that the amendments herein further the public health,
safety, and welfare of the residents of Tukwila.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. TMC Section 21.04.210 Amended. Ordinance Nos. 1331 §19, 1344 §10,
1770 §84, and 2374 §1, as codified at TMC Section 21.04.210, "Public Notice — Procedure,"
are hereby amended to read as follows:
A. Whenever public notice is required, the City shall follow the procedures set forth in
this section.
B. Public notice will be given in the following situations:
2024 Legislation: Title 21 amendments
Version: 8/7/24
Staff: I. Gloor
Page 1 of 3
489
1. When the City issues an Optional Determination of Non -Significance (ODNS)
per WAC 197-11-355;
2. When the City issues the following a Determinations of Non -Significance
(DNS) per WAC 197-11-340;
3. When the City issues a Mitigated Determination of Non -Significance (MDNS)
per WAC 197-11-350;
a. DNS involving another agency with jurisdiction;
b. DNS involving the demolition of any structure or facility not exempted
by WAC 197 11 800(2) (f) or 197 11 880;
c. DNS involving the issuance of a clearing or grading permit not
cxcmptcd by WAC 197 11 800 through 197 11 890;
d. DNS issued following a rcqucst for arly noticc pursuant to WAC 197
11 350(2);
e. Mitigated DNS issued pursuant to WAC 197 11 350(3);
f. DNS issued following the withdrawal of a DS pursuant to WAC 197
11 360(4).
24. When the City issues a Determination of Significance kDS) to commence
scoping per WAC 197-11-360;-
35. When a draft EIS (DEIS) is available for public commentissued per WAC 197-
11-455:-
46. Whenever the City holds a public hearing pursuant to WAC 197-11-535,
provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be
consolidated with the public hearing on the merits of the project; or-
57. Whenever the responsible official determines that public notice is required.
C. The City shall give public notice by using the public notice procedures set forth in
TMC Sections 18.104.110 and .120 at thc time thc application -ice determined complete. The
notice of decision shall be emailed or mailed The threshold determination shall be sent to
the applicant, parties of record and the agencies with jurisdiction, and posted to the SEPA
Register per WAC 197-11-508 for the projects listed under subsection B above. Public
notice of the threshold determination shall be made available on the City's website, or using
one of the notice procedures set forth in WAC 197-11-510.
D. Notice of public hearings on non project proposals shall be published in a
newspaper of general circulation in the City.
ED. The City may require an applicant to compensate the City for the costs of
compliance with the public notice requirements for the applicant's proposal and/or provide
services and materials to assist.
2024 Legislation: Title 21 amendments
Version: 8/7/24
Staff: I. Gloor
490
Page 2 of 3
Section 3. Corrections by City Clerk or Code Reviser Authorized. 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 4. 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 5. 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 (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
2024 Legislation: Title 21 amendments
Version: 8/7/24
Staff: I. Gloor
Page 3 of 3
491
Planning & Community Development Committee Minutes June 10, 2024
D. Code Amendments - House Bill 1293 and Senate Bill 5290.
Staff briefed the committee on proposed changes to TMC Titles 8, 16, 17,18 and 19 to
consolidate and simplify permit procedures and comply with recent changes to state law.
Committee Recommendation
Forward to Planning Commission.
MISCELLANEOUS
The meeting adjourned at 6:45 p.m.
DM
Committee Chair Approval
492
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
08/12/24
IG
09/16/24
IG
ITEM INFORMATION
ITEM No.
4.D.
STAFF SPONSOR: MAX BAKER
ORIGINAL AGENDA DATE: 8/12/24
AGENDA ITEM TITLE Update to DCD Permit Fees
CATEGORY ® Discussion
Mtg Date 8/12
Motion
Alta Date
Resolution
Mtg Date 9/16
❑ Ordinance
Mtg Date
Bid Award
Mtg Date
❑ Public Hearing ❑ Other
Mtg Date Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Updates to DCD's permit fee schedule are needed to comply with recently passed
Washington State legislation SB 5290 and HB 1293.
REVIEWED BY
❑ Trans&Infrastructure Svcs
❑ LTAC
DATE:
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/12/24
9/16/24
MTG. DATE ATTACHMENTS
8/12/24 Informational Memo
Draft Resolution amending Land Use Fee Schedule
9/16/24 Resolution
493
494
_City of Tukwila
Thomas Mcleod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, DCD Director
BY: Max Baker, Development Supervisor
CC: Mayor Mcleod
DATE: August 12, 2024
SUBJECT: Updated DCD Permit Fees
ISSUE
The City's fee schedule needs to be adjusted to reflect proposed changes to the Tukwila Municipal
Code to ensure compliance with State Bill (SB) 5290.
BACKGROUND
Ordinance 2058 was adopted in 2022, establishing the City's current consolidated permit fee
schedule. Proposed changes to the Tukwila Municipal Code to comply with SB 5290 will require
simultaneous updates to the fee schedule to reflect these changes.
DISCUSSION
In addition to meeting the mandates of SB 5290 staff is undertaking a broader effort to streamline
processes and enhance transparency in local governance. Key updates include:
1. Removal of Certain Permit Types:
o Example: The permit category "Design Review - Public Hearing' has been removed
from the fee schedule. This decision aligns with changes in the municipal code
aimed at simplifying the approval process for certain projects, thereby reducing
administrative burden and expediting project timelines.
2. Rewording and Renaming of Permit Types:
o Example:The term "Environmentally Sensitive Areas Deviation" has been reworded
to "Critical Areas Deviation." This change reflects updated terminology in the
municipal code, consistent with state -level environmental regulations and best
practices. The new terminology clarifies the scope and intent of the permit,
ensuring consistency with regulatory language and public understanding.
3. Recategorization of Permit Types:
o Example: Critical Area and Shoreline Tree Permits are standalone permit types but
were previously categorized within "Tree Permit for single family residential
properties" and "Tree Permit and Landscape Modification Permit and Exceptions
for non -single family residential properties." The proposed fee resolution breaks
these permits out into their own unique application types.
495
These amendments are intended to reflect the latest legislative requirements and align the City's
processes with state mandates. By implementing these changes, Tukwila aims to improve clarity
and efficiency in its permitting processes, ultimately benefiting residents and developers alike.
FINANCIAL IMPACT
The proposal will predominately impact the categorization of permit decision types. Some new fees
are established for permits that have previously existed in the Tukwila Municipal Code but were not
captured in the existing fee schedule. The proposed fees will work to effectively cover the City's
costs to provide these necessary services.
RECOMMENDATION
The Council is being asked to forward this item to the 9/16/24 Regular Meeting along with the
proposed Permitting Process Improvement ordinances for a decision.
ATTACHMENTS
Draft Land Use Fee Resolution Update
496
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHIINGTON, AMENDING
RESOLUTION NO. 2058; UPDATING CERTAIN
PARTS OF THE LAND USE FEE SCHEDULE TO
REFLECT CHANGES TO THE TUKWILA MUNICIPAL
CODE AS A RESULT OF CHANGES IN STATE LAW.
WHEREAS, the City Council adopted Resolution No. 2058 in 2022, establishing the
City's current Consolidated Permit Fee Schedule; and
WHEREAS, the City intends to update permit fees on an annual basis, with any
increases tied to growth in City expenses for providing permit services; and
WHEREAS, the City is authorized by RCW 82.02.020 to recover the City's costs for
reviewing and processing permit applications; and
WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, certain sections of Title 8, "Public Peace and Safety," Title 16, "Buildings
and Construction," Title 17, "Subdivisions and Plats," Title 18, "Zoning," Title 19, "Sign and
Visual Communication Code," and Title 21, "Environmental Regulations," of the Tukwila
Municipal Code ("TMC") are being updated to bring the TMC into compliance with SB 5290;
and
WHEREAS, the City desires to update the Land Use Fee Schedule to align with the
changes being made to the TMC in compliance with SB 5290;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 2058 is hereby amended to revise Section 4, "Land Use
Fee Schedule," of the Consolidated Permit Fee Schedule as follows:
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Page 1 of 6
497
Permit Type and Subtypes
2024 FEES
ADMINISTRATIVE
Hearing
Examiner
Fee
Tech Fee
(5%)
Permit
Type
r
Code Interpretation
$473.00
$23.65
2
Development Agreement
$5,350.00
$267.50
5
Preapplication Meeting
$651.00
$32.55
Resolve uncertain zoning district
$753.00
+HE
$37.65
boundary
Zoning Verification Letter (Up to two
contiguous parcels; $50 for each
additional parcel)
$473.00
$23.65
1
APPEALS
Appeal of Type 1, 2 Decisions
$795.00
N/A
SEPA MDNS Appeal
$795.00
N/A
Appeal of Sign Code Decision
$795.00
N/A
Appeal of Fire Impact Fees
$795.00
N/A
Appeal of Parks Impact Fees
$795.00
N/A
Appeal of Transportation Fees
$795.00
N/A
COMPREHENSIVE PLAN CHANGES
Site Specific Rezones - Separate
Comprehensive Plan amendment fees
also apply
$8,560.00
$428.00
5
Comprehensive Plan Amendment
$5,388.00
$269.40
5
Development Regulations Amendment
$6,130.00
$306.50
5
DESIGN REVIEW
Administrative
$3,020.00
7 $151.00
2
Minor Modification
ENVIRONMENTAL
$843.00
$42.15
1
REVIEW
State Environmental Policy Act (SEPA)
SEPA Checklist
$2,308.00
$115.40
SEPA - EIS
$4,042.00
$202.10
SEPA - Planned Action
$795.00
$39.75
SEPA - Addendum
$795.00
$39.75
SEPA Exemption Letter
$473.00
$23.65
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Page 2of6
498
Environmentally Critical Areas
Critical Areas Deviation, Buffer
Reduction
$2,021.00
$101.05
2
• Reduced fee for LDR homeowners,
no associated short plat
$795.00
$39.75
2
Critical Areas Reasonable Use
Exception
$4,042.00
+HE
$202.10
3
Environmentally Critical Area Master
Plan Overlay
$6,739.00
+HE
$336.95
3
SHORELINE PERMITS
Exemption from Shoreline Permit
Letter
$329.00
$16.45
1
Shoreline Permit Revision
$825.00
$41.25
1
Conditional Use Permit - Shoreline*
$5,244.00
+HE
$262.20
3
Shoreline Substantial Development Permit*
Project value: $8,504 - $15,000'
$1,596.00
$79.80
$15,001 - $50,000'
$3,737.00
$186.85
$50,001 - $500,0001
$5,956.00
$297.80
More than $500,0001
$7,553.00
$377.65
SIGNS (ALSO PUBLISHED IN BUILDING FEES)
Permanent Sign
$328.00
$16.40
1
Temporary/Special Event Permit Sign
$54.00
$2.70
1
Pole/Banner Initial Application
$328.00
$16.40
1
Pole/Banner Annual Renewal
$72.00
$3.60
1
New Billboard
$795.00
$39.75
1
Master Sign Program
$2,936.00
$146.80
2
SUBDIVISIONS AND BOUNDARY LINE ADJUSTMENTS
Legal Lot Verification
$753.00
$37.65
1
Binding Site Improvement Plan
$5,160.00
$258.00
2
Boundary Line Adjustment & Lot Consolidation
Boundary Line Adjustment - Lot
Consolidation
$1,070.00
$53.50
1
Boundary Line Adjustment - No Lot
Consolidation
$2,247.00
$122.35
1
Minor Modification of a Boundary Line
$795.00
$39.75
1
Adjustment or
Lot Consolidation Preliminary Approval
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Page 3of6
499
Subdivision - Short
Short Plat (2-4 lots)
$6,420.00
$321.00
2
Short Plat (5-9 lots)
$8,560.00
$428.00
2
Minor Modification to Preliminary Short
$2,247.00
$122.35
2
Subdivision
Subdivision - Long
Subdivision Preliminary Plat (10+ lots)
$9,095.00
+HE
$454.75
3
Subdivision Final Plat (10+ lots)
$5,350.00
$267.50
2
Minor Modification to Preliminary Long
$5,350.00
$267.50
2
Subdivision
Planned Residential
Development (PRD)
Administrative
$2,936.00
$146.80
2
Public Hearing
$6,739.00
+HE
$336.95
3
Minor Modification to PRD
$795.00
$39.75
1
Major Modification to PRD
$3,277.00
+HE
$163.85
3
TREE PERMITS
Not Within Critical Area, Shoreline
Tree Permit for SFR properties
$144.00
$7.20
1
Request for Landscape Modification
$795.00
$39.75
1
Within Critical Area, Shoreline
Critical Area Tree & Vegetation Clearing
$595.00
$29.75
2
Permit
Shoreline Tree Permit
$795.00
$39.75
2
In -Lieu Tree Replacement Fee
$490.00
USE PERMITS
Conditional Use Permit
$5,244.00
+HE
$262.20
3
TSO Special Permission Use
$1,310.00
+HE
$65.50
3
Unclassified Use Permit
$6,739.00
$336.95
4
VARIANCES AND MODIFICATIONS
Variances from Zoning Code
1 $3,821.00
1 +HE
$191.05
I 3
Noise
Type I - 30 days or less
$651.00
$32.55
1
Type III - More than 30 days
$1,968.00
+HE
$98.40
3
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Page 4of6
500
Parking
Modifications to Certain Parking
Standards
$795.00
$39.75
2
Parking Lot Restriping
$795.00
$39.75
2
Parking standard for use not specified
$783.00
$39.15
2
Parking Variance - Under 10%
reduction
$795.00
$39.75
2
Parking Variance - Over 10% reduction
$1,310.00
+HE
$65.50
3
Shared, Covenant, and/or
Complementary Parking Reduction
$795.00
$39.75
2
Tukwila South Overlay (TSO) Modifications
Modification to TSO Development
$795.00
$39.75
2
Standards
Tukwila Urban
Center (TUC) Modifications
Modification to TUC Corridor Standards
$795.00
$39.75
2
Modification to TUC Open Space
Regulations
$795.00
$39.75
2
Transit Reduction to Parking
Requirements
$795.00
$39.75
2
Special Permission
Exception from Single -Family Design
Standard
$795.00
$39.75
2
Cargo Container Placement
$795.00
$39.75
2
WIRELESS COMMUNICATION FACILITIES
Eligible Facilities Modification
$795.00
$39.75
1
Macro Facility - No New Tower
$2,266.00
$113.30
2
Macro Facility - New Tower
$4,534.00
+HE
$226.70
3
Noticing Fees
Database Fee (to Generate Labels, per
project)
$615.00
Notice Fee (Per address for each
physical mailing piece -not emails)
$1.00
Section 2. Effective Date. This resolution and the fee schedules contained herein
shall be effective September 24, 2024.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Page 5 of 6
501
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Mohamed Abdi, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
2024 Legislation: Amend Land Use Fee Schedule
Version: 08/7/2024
Staff: M. Baker
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 6of6
502
UPCOMING MEETINGS AND EVENTS
AUGUST 2024
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available.
AUG 12 MON
AUG 13 TUE
AUG 14 WED
AUG 15 THU
AUG 16 FRI
AUG 17 SAT
* Community Services
and Safety
Committee Meeting
5:30 PM
City Hall — Hazelnut
Room
Hybrid Meeting
* Planning and
Community
Development Meeting
5:30 PM
6300 Building — 2n1 Floor
Duwamish Conference
Hybrid Meeting
* City Council
Committee of the
Whole Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
GREENTUKWILA
RESTORATION AT
RIVERTON PARK
Join us on installing a
healthy native forest.
11:30 AM
Riverton Park
13263 Macadam Rd S
Click here to register.
►1 King County
RENTER AND UTILITY
AFFORDABILITY
SURVEY
King County wants to
know about the challenges
facing families who rent
their home.
Multiple languages
available.
Click here for
information.
Puget Sound Training Center
Helping peopktum success into reality
FREE EMPLOYMENT SERVICES AND
SKILLS TRAINING PROGRAM
Learn about free employment services and
skills training programs.
1:00 PM — 3:00 PM
Tukwila Library
14380 Tukwila Int'I Blvd
Click here for information.
Tukwila Village
Farmers Market
See below for information.
* Park Commission
5:30 PM
Tukwila Community Center
Hybrid Meeting
CONCERT IN THE PARK SERIES
WITH KIM ARCHER
Enjoy the electrifying performance.
5:30 PM
Joseph Foster Memorial Park
13919 53rd Ave S
Click here for information.
* Civil Service
Commission
5:00 PM
6300 Building — 2n0 Fl
Duwamish
Conference
Hybrid Meeting
Rt
Recology.
FREE SCISSOR
SHARPENING
A friendly specialist will
be available all day. No
pinking shears please.
Recology reserves the
right to limit and refuse
scissors.
Saturday, Aug 17
10:00 AM — 5:00 PM
Recology Store
158581't Ave S #A100
Burien
For information, call
206-767-3322.
Salmon &
Legacy Debris
DUWAMISH KAYAK
CLEANUP
Join us on the river to
clean up legacy debris at
Codiga Park site.
Aug 17 8:00 AM
Aug 18 9:00 AM
Codiga Park
12529 50th PI S
Click here to register.
1ST ANNUAL
HULLABALOO
FESTIVAL
Join this community
festival celebrating unity
with entertainment,
delicious food, art & craft
vendors and fun games for
all ages.
11:00 AM - 3:00 PM
Joseph Foster
Memorial Park
13919 53rd Ave S
Click here for information.
AUG 19 MON
AUG 20 TUE
AUG 21 WED
AUG 22 THU
AUG 23 FRI
AUG 24 SAT
* Work Session
5:30 PM
City Hall Council
Chambers
Hybrid Meeting
* City Council
Regular Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
KING COUNTY BAR
OD LEGAL CLINICS
NEIGHBORHOOD LEGAL
CLINICS INFO SESSION
First come,
first served.
10:30 AM —1:00 PM
Tukwila Library
14380 Tukwila Int'I Blvd
Click here for information.
Give Blood = Save 3 Lives
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Imo. s. . s
DONATE AND ENTER
TO WIN TICKETS TO
SEE
TAYLOR SWIFT
It takes 1,000 donors a
day to sustain a blood
supply for patients in our
community.
Click here to schedule
an appointment.
Or call
1-800-398-7888.
You can also donate
umbilical cord blood after
the birth of your baby to
save a life.
Click here for
information.
Farmers Market
EBT accepted and summer meals for
families are provided.
3:00 PM — 6:00 PM
Tukwila Village Plaza
14350 Tukwila Intl Blvd
*Arts Commission
6:00 PM
Tukwila Community Center
Hybrid Meeting
* Planning
Commission
6:30 PM
Site Tours
GREENTUKWILA
WALK IN THE PARK
ECO-EDUCATION
Learn site history, identify
native plans and discuss
the importance of urban
forests. All ages are
welcome.
10:00 AM -11:30 AM
Riverton Park
13263 Macadam Rd S
Click here to register.
COMMUNITY
EMERGENCY
RESPONSE TEAM
Free CERT session taught
by Puget Sound Regional
Fire Authority. Learn to
apply basic response and
organizational skills to
save lives and protect
property.
Sep 26 thru Nov 16
Session 1: 1:00 PM
Session 2: 6:00 PM
Click here to register.
CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM — 4:00 PM
AUG 17 - 1ST ANNUAL HULLABALOO FESTIVAL 11:00 AM — 3:00 PM JOSEPH FOSTER MEMORIAL PARK — 13919 53RD AVE S
Join this community festival celebrating unity with entertainment, delicious food, art & craft vendors and fun games for all ages.
AUG 28 - COMPREHENSIVE PLAN OPEN HOUSE 3:30 PM — 7:30 PM SULLIVAN CENTER —14350 TUKWILA INTERNATIONAL BLVD
The final draft of the Comprehensive Plan will be presented. Pizza and light refreshments provided. Click here for information.
AUG 30 - END OF SUMMER BASH 6:00 PM — 9:30 PM TUKWILA COMMUNITY CENTER —12424 42ND AVE S
Free event featuring fun games, food trucks, the latest back -to -school gear, and end with the "Kung Fu Panda 4" movie. Click here for information.
** SHARE YOUR INPUT ON THE 2025-2026 BIENNIAL BUDGET!
The City Council is dedicated to creating a budget that mirrors the community's priorities! Residents can select and rank their top service priorities. Click here for information.
** RAIN BARRELS AVAILABLE FOR PURCHASE AT CITY HALL 6200 SOUTHCENTER BLVD
Tukwila residents can purchase 50-gallon rain barrels at a subsidized rate of $45. The rain barrel with diverter/connection will be delivered to your address. Limited supply. For
more information, email EnvironmentalCompliance@TukwilaWA.gov.
** NOW THRU AUG 29 - TREE GIVEAWAYS!
Tukwila residents can apply for FREE trees. Must apply by Aug 29. Click here for information.
** JOIN US FOR MANY FUN AND FREE SUMMER EVENTS!
There's something for everyone. Live music and dance, movies, games and food trucks! Click here for information.
Join free Park N Play events. Click here for information on PARK N PLAY events.
FREE SUMMER MEALS FOR AGES 18 AND UNDER!
FREE SUMMER MEALS Summer Food Service Program provides free summer meals for children in King County. Click here for more information.
forTUKWRAKIDS&TmaS Summer Meals Locator: English Espanol Af Somali Tieng Vig
CASCADE VIEW COMMUNITY PARK
14211 37"N Ave S
JuI10—Aug25 Mon — Fri
Lunch: 11:45 AM — 12:45 PM
Snack: 1:45 PM — 2:00 PM
TUKWILA VILLAGE FARMER'S MARKET
14350 Tukwila International Blvd
Jun 21 —Aug 30 Wednesdays
Dinner: 4:30 PM — 6:30 PM
Halal friendly options. Meals available for caregivers too!
TUKWILA COMMUNITY CENTER
12424 42- Ave S
Jul y—Aug 25 Mon — Fri
Lunch: 11:15 AM — 12:15 PM
Snack: 3:00 PM — 3:30 PM
Public Health
Seattle & King County
FREE ASTHMA CARE AND REDUCTION SUPPLIES FOR AGES 6-12
The Asthma Community Health Worker Program consists of virtual or home visits to educate patients with asthma and their families and equip them
with the tools to improve their health. Click here to register.
5
O
3
Tentative Agenda Schedule
MEETING 1—
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
AUGUST 5
See below links for the agenda
packets to view the agenda items:
August 5, 2024
Work Session
August 5, 2024
Regular Meeting
AUGUST 12
See below links for the agenda
packets to view the agenda items:
August 12, 2024
Committee of the Whole Meeting
AUGUST 19
WORK SESSION
2023-2024 Tukwila Comprehensive Plan
Update: Review of Individual Elements
(Part 2 of 2).
REGULAR MEETING
PRESENTATION
Annual State of the Court Address.
CONSENT AGENDA
- Authorize the Mayor to sign a contract
with CAST Architecture, for middle
housing standards and residential
design standards update, in the
amount of $90,000.
- Authorize the Mayor to accept the
Alternative Response Team Grant
from the Association of Washington
Cities for the Department's Mental
Health Professional Co -Responder
Program, for July 1, 2024 through
June 30, 2025, in the amount of
$111,000.
- Authorize the Mayor to sign a contract
with Axon Enterprise, Inc. for
Evidence Justice Services, in the
amount of $74,437.65 for five (5)
years.
- Authorize the Mayor to sign two (2)
contracts with Sound Mental Health,
to support the Police Department's
Co -Responder Program, through
December 31, 2025.
- An ordinance granting Wholesail
Networks, LLC and its affiliates
authority and non-exclusive franchise
to construct maintain, operate, replace
and repair a telecommunications
network within public rights -of -way of
the City of Tukwila for five (5) years.
- A resolution authorizing submission of
an application(s) for grant funding
assistance for Riverton Park
playground renovations and
development of the Riverside campus
of the Tukwila Community Center, to
the Washington Recreation &
Conservation Office.
- Authorize the Mayor to sign a contract
with Forever Roofing, for the Foster
Golf Links Roof Replacement, in the
amount of $171,000.
AUGUST 26
SPECIAL ISSUES
A resolution amending the Land Use
Fees.
Special Meeting to follow
Committee of the Whole Meeting.
CONSENT AGENDA
A resolution on amending the Land
Use Fees.
MEETING 1—
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
SEPTEMBER
No Council
2
SEPTEMBER 9
PRESENTATION
Sound Transit Boeing Access Road Light
Rail Station Update.
SEPTEMBER 16
WORK SESSION
REGULAR MEETING
PRESENTATION
Presentation of Mayor's Proposed
2025-2026 Biennial Budget.
CONSENT AGENDA
- Ordinance updating Park and Fire
Impact Fees.
- Streamlining the Permitting Process
and Implementing Provisions of the
Local Project Review Act.
- Bid award for CIPP Sewer Lining
Construction.
- Future of Work and Facilities Review.
SEPTEMBER 23
PUBLIC HEARING
2023-2024 Tukwila Comprehensive
Plan Update.
SPECIAL ISSUES
- 2023-2024 Tukwila Comprehensive
Plan Update.
- Discussion on 2025-2026 Biennial
Budget:
(1) Responsive and Representative
Government
(2) Health and Safety
(3) Program Support
- Amendment to Tukwila Municipal
Code Chapter 9.53.050.
Special Meeting to follow
Committee of the Whole Meeting.
* * -
HAPPY
LABOR DAY
THANK YOU FOR YOUR HARD WORK
—*** —
meeting or Work Session
due to the holiday.
City offices are closed.
504