HomeMy WebLinkAboutOrd 1819 - Non-Conforming Lots Structures and UsesCover page to Ordinance 1819
The full text of the ordinance follows this cover page.
Ordinance1819 was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
1872, 2005, 2077,
2097, 2098, 2175,
1 (part)1 (part)2741
2500, 2518, 2625,
2678
OLA
4
J�.... �
Tukwila
it of
Washington
Ordinance No. r g q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING CHAPTER 18.70 OF THE
TUKWILA MUNICIPAL CODE, RELATING TO NONCONFORMING
LOTS, STRUCTURES AND USES; REPEALING ORDINANCE NOS.
1758 §1 (PART), 1769 §4 (PART), 1770 §47; AND 1796 §3 (PART);
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila desires to limit the ability of nonconforming uses to expand; and
WHEREAS, the City of Tukwila desires to allow and encourage the adequate repair and regular
maintenance of nonconforming structures; and
WHEREAS, the City of Tukwila desires to improve the clarity and utility of the zoning code,
towards a goal of reducing the number of nonconforming uses and nonconforming structures in our
community;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Chapter 18.70 of the Tukwila Municipal Code Nonconforming Lots, Structures and
Uses, is hereby revised to read as follows:
18.70.010 Purpose.
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.
18.70.020 Construction approved prior to adoption of title.
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.
18.70.030 Preexisting legal lots of record.
Any lot not meeting current minimum development standards in its zone may continue to have uses that
are permitted in its zone, if
1. The lot size was legally established before the effective date of incorporation of the City of Tukwila,
or,
2. The lot was a legal lot when annexed by the City of Tukwila, or,
3. The lot was legally established prior to the effective date of any City of Tukwila ordinance that caused
the lot to become nonconforming.
NONCONFM.DOC 10/30/97 1
18.70.040 Nonconforming uses.
Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as
a nonconforming use, defined in TMC 18.06, so long as that use remains lawful, subject to items 1 -6
herein:
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 6 consecutive months,
or a total of 365 days in a three (3) 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 18.70.050(1), TMC
18.70.060, or any other pertinent section, herein;
5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in
this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional
Use or Unclassified Use Permit process, subject to review and approval by the Planning Commission
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.
18.70.050 Nonconforming structures.
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, lot coverage, 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 a way which increases its degree of nonconformity.
Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC 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 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. 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.
NONCONFM.DOC 10/30/97 2
6. Single family structures in single- or multiple- family residential zone districts, which have legally
nonconforming building setbacks, shall be allowed to expand along the existing building line(s) if the
existing distance from the nearest point of the structure to the property line is not reduced.
7. In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of
the Sensitive 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 sensitive
area or the required buffer;
b. The new construction does not threaten the public health, safety or welfare; and
c. The structure otherwise meets the requirements of this chapter.
8. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the
Sensitive 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 Section
18.45.080E and 080F;
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.
9. A nonconforming use, within a nonconforming structure, shall not be allowed to expand into any
other portion of the nonconforming structure.
18.70.055 Mobile and manufactured homes.
Legally preexisting mobile and manufactured homes may be replaced. The replacement must, at a
minimum, be with a HUD approved manufactured home and must also meet the following standards:
1. Shall have roofing material that is residential in appearance including, but not limited to, approved
wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass
or metal roof;
2. Shall have a minimum roof pitch of three inch rise for each twelve inches of run, or about 25
3. Shall be installed in accordance with manufacturer's instructions, which shall include design
specifications for Seismic Zone 3 and wind load factor of 80 miles per hour;
4. Shall have exterior siding that is residential in appearance including, but not limited to, clapboards,
simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes or similar material,
but excluding smooth, ribbed, or corrugated metal or plastic panels;
5. Shall have the hitch, axles and wheels removed.
18.70.060 Repairs and maintenance.
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.
NONCONFM.DOC 10/30/97 3
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.
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 Board of Architectural
Review is proposed.
B. At such time as a change requiring Board of Architectural Review 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 to the Board of Architectural
Review for approval prior to issuance of a building permit. The BAR 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.
18.70.100 Conditional and unclassified uses.
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 18.64 or TMC 18.66.
18.70.110 Nonconforming adult entertainment establishments.
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;
c. The nature of the leasehold or other ownership interest that an appellant may have in premises
occupied by the adult entertainment use;
NONCONFM.DOC 10/30/97 4
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 18.104 and
18.108.
18.70.120 Sidewalk dedication.
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.
Section 2. Repealer. Ordinance Nos. 1758 §1 (part), 1769 §4 (part), 1770 §47, and 1796 §3
(part), as codified at Chapter 18.70 of the Tukwila Municipal Code, are hereby repealed.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or
regulation, such decision or pre emption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITYOUNCIL O� CITY OF TUKWI WASHINGTON, at a Regular
Meeting thereof this day of te±t�.� 1997.
ATTEST /AUTHENTICATED:
E. Cantu, City Clerk
APPROVED A
By
Office
e Ci Attorney
FILED WITH THE CITY CLERK: L /J /97
PASSED BY THE CITY COUNCIL: /3/y 7
PUBLISHED: /y7
EFFECTIVE DA E: /7/4.2,77 ORDINANCE NO.:
v144
Johd W. Rants, Mayor
NONCONFM.DOC 10/30/97 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, REVISING
CHAPTER 18.70 OF THE TUKWILA MUNICIPAL
CODE, RELATING TO NONCONFORMING LOTS,
STRUCTURES AND USES; REPEALING ORDINANCE
NOS. 1758 §1 (PART), 1769 §4 (PART), 1770 §47; AND
1796 §3 (PART); PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
On /i /9 1 the City Council of the City of Tukwila passed Ordinance
No. f et''I /revising Chapter 18.70 of the TMC relating to nonconforming lots, structures
and uses, and specifically relating to purpose, construction approved prior to adoption of title,
preexisting legal lots of record, nonconforming uses, nonconforming structures, mobile and
manufactured homes, repairs and maintenance, building safety, nonconforming parking lots,
nonconforming landscape areas, conditional and unclassified uses, nonconforming adult
entertainment establishments, and sidewalk dedication; repealing Ordinance Nos. 1758 §1 (part),
1769 §4 (part), 1770 §47; and 1796 §3 (part); providing for severability and establishing an
effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of l// 197
s a
Published Seattle Times: g 7 ?7 ti 6
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /g /9
J1rie Cantu, City Clerk