HomeMy WebLinkAboutOrd 2097 - Zoning Code Amendments
Cover page to Ordinance 2097
The full text of the ordinance follows this cover page.
Ordinance 2097 was amended or repealed by the following ordinances.
AMENDED REPEALED
Section(s) AmendedAmended by Ord# Section(s) Repealed Repealed by Ord#
21531, 3-6, 18-21, 232741
9, 12, 13, 15, 172251, 2287 7-14, 17 2500
15213515, 162443
15, 17 2368 22 2119
16 2332
17 2235
21 2718
22 2098
Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1758, 1768, 1770, 1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865, 1954,
1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 AND 2084 AND
CHAPTERS 18.06, 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.26, 18.28,
18.40, 18.46, 18.70 AND 18.104 OF THE TUKWILA MUNICIPAL
CODE, TO CLARIFY AND UPDATE ZONING CODE
PROVISIONS DEFINING MANUFACTURED HOUSING, LOT,
SITE AND USE, DISALLOWING RESIDENTIAL PLATS IN
COMMERCIAL ZONES, DEREGULATING CONDOMINIUM
CONVERSIONS, ADDING AN EXPIRATION DEADLINE FOR
INACTIVE PERMITS, ALLOWING KENNELS AS CONDITIONAL
USES IN TUC, PROVIDING FOR ADMINISTRATIVE PLANNED
RESIDENTIAL DEVELOPMENTS AND CORRECTING CODE
CITATIONS; PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations should regularly be reviewed
and updated as appropriate; and
WHEREAS, the City recognizes that its definitions for "manufactured homes
"mobile homes "lot" and "site" no longer correspond with State regulations; and
WHEREAS, residential short plats are not consistent with the intent of
commercial zones; and
WHEREAS, condominium conversions are sufficiently regulated by State law
and building codes so an unclassified use permit does not provide any additional
benefit; and
WHEREAS, permit processing efficiency would be improved by a mechanism to
expire inactive permit applications; and
WHEREAS, indoor kennels are an appropriate use in the Tukwila Urban Center;
and
WHEREAS, an administrative process for planned residential developments
should be allowed for short plats and boundary line adjustments; and
WHEREAS, the current definition of "use" is unclear and should be updated;
and
WHEREAS, there are several outdated or incorrect citations in the code that
should be corrected; and
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 1 of 19
WHEREAS, the City of Tukwila Planning Commission held a public hearing on
the proposed amendments on April 28 and has recommended the adoption of certain
Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed amendments
July 18, 2005, after proper notice; and
WHEREAS, the City Council, after having received and studied staff analysis
and comments from members of the public, believes that certain amendments to the
City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.245, is
hereby amended to read as follows:
18.06.245 Dwelling, Manufactured 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.
Section 2. "Mobile Home" Defined. TMC Chapter 18.06, Definitions, is hereby
amended to add the following section:
18.06.247 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.
Section 3. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.500, is
hereby amended to read as follows:
18.06.500 Lot
A. "Lot" means a physically separate and distinct parcel of property which:
1. was created by plat, short plat, or binding site plan; or
2. was bought or sold as separately owned parcel of property prior to the
requirement that lots be created by plat, short plat, or binding site plan; or
3. was created by a transaction which was exempt from the requirement
that lots be created by plat, short plat 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
developed as a separate building site.
Section 4. "New Manufactured Home" Defined. TMC Chapter 18.06,
Definitions, is hereby amended to add the following section:
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 2 of 19
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).
Section 5. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.780, is
hereby amended to read as follows:
18.06.780 Site
"Site" means any lot or group of 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.
Section 6. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.865, is
hereby amended to read as follows:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within
structures thereon.
Section 7. Ordinance 1865 §10, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.12.050 of the Tukwila Municipal Code (Medium Density
Residential), Unclassified Uses, are hereby amended to read as follows:
18.12.050 Unclassified Uses
The following uses may be allowed within the Medium Density Residential district,
subject to the requirements, procedures and conditions established by TMC Chapter
18.66, Unclassified Use Permits:
1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
a. Similar in nature to other uses allowed through the unclassified use
permit;
b. Consistent with the stated purpose of the district;
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Section 8. Ordinance 1865 §14, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.14.050 of the Tukwila Municipal Code (High Density
Residential), Unclassified Uses, are hereby amended to read as follows:
18.14.050 Unclassified Uses
The following uses may be allowed within the High Density Residential district, subject
to the requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits:
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 3 of 19
1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
a. Similar in nature to other uses allowed through the unclassified use
permit;
Section 9. Ordinance 1986 §5, Ordinance 1976 §28, Ordinance 1971 §7,
Ordinance 1830 §5, Ordinance 1814 §2, and Ordinance 1758 §1 (part), as codified at
Section 18.16.020 of the Tukwila Municipal Code (Mixed -Use Office), Permitted Uses,
are hereby amended to read as follows:
18.16.020 Permitted Uses
b. Consistent with the stated purpose of the district;
c. Consistent with the policies of the Tukwila Comprehensive Plan.
The following uses are permitted outright within the Mixed -Use Office district, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective
visual screening from adjacent streets.
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Day care centers.
10. Dwelling One detached single family dwelling per existing lot.
11. Dwelling Multi family units above office and retail uses.
12. Dwelling Senior citizen housing as a free standing use subject to
additional requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories of
the building or basement and floor above, including:
a. medical
b. dental
c. government; excluding fire and police stations
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 4 of 19
services.
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial
20. Public parks, trails, picnic areas and play grounds but not including
amusement parks, golf courses, or commercial recreation.
21. Recreation facilities (commercial indoor), athletic or health clubs.
22. Restaurants, including cocktail lounges in conjunction with a restaurant.
23. Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
24. Retail sales as part of a planned mixed -use development, where at least
50% of gross leasable floor area development is for office use; no auto oriented retail
sales (e.g., drive -ins, service stations).
25. Schools and studios for education or self improvement.
26. Shelters.
27. Studios art, photography, music, voice and dance.
28. Telephone exchanges.
29. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 10. Ordinance 1865 §17, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.16.050 of the Tukwila Municipal Code (Mixed -Use Office),
Unclassified Uses, are hereby amended to read as follows:
18.16.050 Unclassified Uses
The following uses may be allowed within the Mixed -Use Office district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits:
1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
a. Similar in nature to other uses allowed through the unclassified use
permit;
b. Consistent with the stated purpose of the district;
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Section 11. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8, Ordinance
1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as codified at Section
18.18.020 of the Tukwila Municipal Code (Office), Permitted Uses, are hereby amended
to read as follows:
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 5 of 19
18.18.020 Permitted Uses
The following uses are permitted outright within the Office district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Beauty or barber shops.
2. Bicycle repair shops.
3. Brew pubs.
4. Computer software development and similar uses.
5. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective
visual screening from adjacent streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Day care centers.
8. Dwelling One detached single family dwelling per existing lot.
9. Financial, banking, mortgage, other services.
10. Fraternal organizations.
11. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
12. Libraries, museums or art galleries (public).
13. Medical and dental laboratories.
14. Offices, including:
a. medical
b. dental
c. government; excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
15. Outpatient, inpatient, and emergency medical and dental commercial
services.
16. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
17. Recreation facilities (commercial indoor), athletic or health clubs.
18. Restaurants, including cocktail lounges in conjunction with a restaurant.
19. Retail sales, as part of a planned mixed -use development where at least
50% of gross leasable floor area development is for office use; no auto oriented retail
sales (e.g., drive -ins, service stations).
20. Schools and studios for education or self- improvement.
21. Shelters.
22. Studios art, photography, music, voice and dance.
23. Telephone exchanges.
24. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 12. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8, Ordinance
1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as Section 18.20.020 of
the Tukwila Municipal Code (Residential Commercial Center), Permitted Uses, are
hereby amended to read as follows:
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 6 of 19
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Computer software development and similar uses.
5. Day care centers.
6. Dwelling One detached single- family dwelling per existing lot.
7. Dwelling Multi- family units above office and retail uses.
8. Fix -it, radio or television repair shops/ rental shops.
9. Greenhouses or nurseries (commercial).
10. Laundries:
a. self service;
b. dry cleaning;
c. tailor, dyeing.
11. Offices, when such offices occupy no more than the first two stories of
the building or basement and floor above, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
12. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
13. Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
14. Schools and studios for education or self- improvement.
15. Studios art, photography, music, voice and dance.
16. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 13. Ordinance 1976 §40, Ordinance 1954 §1, Ordinance 1830 §11,
Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as codified at Section 18.22.020
of the Tukwila Municipal Code (Neighborhood Commercial Center), Permitted Uses,
are hereby amended to read as follows:
18.22.020 Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 7 of 19
1. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards.
These businesses may manufacture, process, assemble and/ or package the following:
a. foods, including but not limited to baked goods, beverages, candy,
canned or preserved foods, dairy products and byproducts, frozen foods, instant foods,
and meats (no slaughtering);
b. pharmaceuticals and related products such as cosmetics and drugs;
c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paints, paper, plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial
character;
f. industries involved with etching, lithography, printing, and
publishing, meeting the City's performance standards and offering their services to the
local populace on a walk -in basis;
g. businesses that service and repair the above products, that are
entirely enclosed within a building, offering their services to the local populace on a
walk -in basis and meeting the City's performance standards.
8. Cabinet shops or carpenter shops employing less than five people.
9. Computer software development and similar uses.
10. Convalescent and nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling One detached single family dwelling per existing lot.
13. Dwelling Multi family units above office, and retail uses.
14. Financial:
a. banking;
b. mortgage;
c. other services.
15. Fix -it, radio or television repair shops/ rental shops.
16. Fraternal organizations.
17. Frozen food lockers for individual or family use.
18. Greenhouses or nurseries (commercial).
19. Laundries:
a. self serve;
b. dry cleaning;
c. tailor, dyeing.
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of
the building or basement and floor above, or three stories in the Urban Redevelopment
Area along Tukwila International Boulevard, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 8 of 19
22. Outpatient, inpatient, and emergency medical and dental.
23. Parks, trails, picnic areas and playgrounds public) but not including
amusement parks, golf courses, or commercial recreation.
24. Plumbing shops (no tin work or outside storage).
25. Recreation facilities (commercial indoor), athletic or health clubs.
26. Restaurants, including cocktail lounges in conjunction with a restaurant.
27. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
28. Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
29. Schools and studios for education or self- improvement.
30. Studios art, photography, music, voice and dance.
31. Telephone exchanges.
32. Theaters, excluding "adult entertainment establishments as defined by
this Code.
33. Wholesale or retail sales offices or sample rooms, with less than 50%
storage or warehousing.
34. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 14. Ordinance 1991 §3, Ordinance 1976 §48, Ordinance 1865 §33,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.26.050 of the
Tukwila Municipal Code (Regional Commercial Mixed -Use), Unclassified Uses, are
hereby amended to read as follows:
18.26.050 Unclassified Uses
The following uses may be allowed within the Regional Commercial Mixed Use district,
subject to the requirements, procedures and conditions established by TMC Chapter
18.66.
1. Essential public facilities, except those uses listed separately in any of
the districts established by this title.
2. Hydroelectric and private utility power generating plants.
3. Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant environmental actions.
4. Mass transit facilities.
Section 15. Ordinance 2084 §2, Ordinance 1865 §34, Ordinance 1830 §21 and
Ordinance 1758 §1 (part), as codified at Section 18.28.040 of the Tukwila Municipal
Code (Tukwila Urban Center), Conditional Uses, are hereby amended to read as
follows:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to
the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Amusement parks.
2. Bed- and Breakfast lodging; must be located on property adjacent to and
not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 9 of 19
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling Multi family units (max. 22.0 units/acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use development that is non-
industrial in nature); must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
9. Transit oriented development housing (which is allowed to 65
units/acre as a mixed -use development that is non industrial in nature); must be
located on property adjacent to and not greater than one quarter mile from the Sounder
Commuter Rail/ Amtrak Station property.
10. Drive -in theaters.
11. Electrical substations distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and/or assembling previously prepared
metals including, but not limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand forging.
15. Park and ride lots.
16. Radios, television, microwave, cellular or observation stations and
towers.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent
private schools.
Section 16. Ordinance 1991 §4, Ordinance 1976 §51, Ordinance 1865 §35,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.28.050 of the
Tukwila Municipal Code (Tukwila Urban Center), Unclassified Uses, are hereby
amended to read as follows:
18.28.050 Unclassified Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to
the requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Essential public facilities, except those uses listed separately in any of
the districts established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant environmental actions.
5. Mass transit facilities.
Section 17. Ordinance 2021 §10, Ordinance 1986 §15, Ordinance 1974 §11,
Ordinance 1971 §17, Ordinance 1830 §25, Ordinance 1814 §2, Ordinance 1774 §5, and
Ordinance 1758 §1 (part), as codified at Section 18.40.020 of the Tukwila Municipal
Code (Tukwila Valley South), Permitted Uses, are hereby amended to read as follows:
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 10 of 19
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South district,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Adult entertainment establishments are permitted, subject to the
following location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0,
NCC, RC, RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated
by such schools, and
(b) Care centers, preschools, nursery schools or other child
care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC 18.40.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate
within 1,000 feet of an existing adult entertainment establishment. The distance
specified in this section shall be measured by following a straight line between the
nearest points of public entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
4. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking
and Loading Regulations."
13. Computer software development and similar uses.
14. Contractor's storage yards.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwelling One detached single- family unit per existing lot (includes
factory built or modular home that meets UBC).
19. Farming and farm related activities.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 11 of 19
20. Financial:
a. banking;
b. mortgage;
c. other services.
21. Fix -it, radio or television repair shops/ rental shops.
22. Fraternal organizations.
23. Frozen food lockers for individual or family use.
24. Greenhouses or nurseries (commercial).
25. Heavy equipment repair and salvage.
26. Hotels.
27. Industries involved with etching, film processing, lithography, printing,
and publishing.
28. Internet data /telecommunication centers.
29. Laundries:
a. self- serve;
b. dry cleaning;
c. tailor, dyeing.
30. Libraries, museums or art galleries (public).
31. Manufacturing, processing and or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and
meats (provided that no slaughtering is permitted).
32. Manufacturing, processing and /or packaging pharmaceuticals and
related products, such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
39. Outpatient, inpatient, and emergency medical and dental.
40. Pawnbrokers.
41. Planned shopping center (mall).
42. Plumbing shops (no tin work or outside storage).
43. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
44. Railroad tracks, (including lead, spur, loading or storage).
45. Recreation facilities (commercial indoor), athletic or health clubs.
46. Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
47. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 12 of 19
49. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
50. Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
51. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
52. Sales and rental of heavy machinery and equipment subject to
landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
53. Salvage and wrecking operations that are entirely enclosed within a
building.
54. Schools and studios for education or self- improvement.
55. Self- storage facilities.
56. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
57. Studios art, photography, music, voice and dance.
58. Taverns, nightclubs.
59. Telephone exchanges.
60. Theaters, excluding "adult entertainment establishments as defined by
this Code.
61. Tow truck operations, subject to all additional State and local
regulations.
62. Truck terminals.
63. Warehouse storage and or wholesale distribution facilities.
64. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 18. Ordinance 1770 §29 and Ordinance 1758 §1 (part), as codified at
Section 18.46.110 of the Tukwila Municipal Code, are hereby amended to read as
follows:
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on
forms prescribed by the 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. Fees for rezone request shall be in addition
to those of the PRD application;
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 13 of 19
7. An application for preliminary plat may be submitted with the PRD
application, if necessary. Fees for the subdivision shall be in addition to those of the
PRD application;
8. Graphic images of development in any sensitive area or buffer,
including 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 subdivision's design by preparing a tree
inventory of the significant vegetation on -site as part of the preliminary plat
application. A tree and vegetation retention /removal plan shall be part of any
preliminary plat application. Such tree and vegetation retention /removal plan shall
assure the preservation of significant trees and vegetation.
B. City Council Public Hearing.
1. PRD's 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 line adjustments or binding site improvement plans shall be processed as
Type 2 decisions, pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying
zoning district. The PRD shall constitute a limitation on the use and design of the site
unless modified by ordinance.
Section 19. Ordinance 1758 §1 (part), as codified at Section 18.46.120 of the
Tukwila Municipal Code, is hereby amended to read as follows:
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction 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 DCD and shall be accompanied by a fee as prescribed by the building
code.
3. Documentation Required. All schematic plans either presented or required
in the approved PRD plans shall be included in the building permit application
presented in finalized, detailed form. hese plans shall include but are not limited to
landscape, utility, open space, circulation, and site or subdivision plans. Final plats 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. DCD Action. The DCD shall determine whether the project plans
submitted with the building permit are in compliance with and carry out the objectives
of the approved PRD.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 14 of 19
Section 20. Ordinance 1770 §31 and Ordinance 1758 §1 (part), as codified at
Section 18.46.140 of the Tukwila Municipal Code, are hereby amended to read as
follows:
18.46.140 Expiration of Time Limits
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.
Section 21. Ordinance 1819 §1 (part), as codified at Section 18.70.030 of the
Tukwila Municipal Code, is hereby completely replaced with the following language:
8.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which does not meet the minimum
dimensional standards for the zone in which it is located may still be developed as a
separate lot if the proposed use is one which is permitted in the zone and the proposed
development can comply with the requirements of this title regarding basic
development standards for the applicable zone and other applicable land use and
environmental requirements.
B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with
the basic development standards for the applicable zone and other applicable land use
and environmental requirements. In the event lots are combined in order to comply
with the requirements of this subsection, a boundary line adjustment shall occur so that
the combined lots are henceforth considered a single lot.
C. 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 Ch.
18.72.
Section 22. Ordinance 2066 §2, Ordinance 2005 §20, Ordinance 1857 §7, Ordinance
1847 §2, Ordinance 1796 §3, Ordinance 1768 §2 (part), as codified at Section 18.104.010
of the Tukwila Municipal Code, are hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical
expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not
required for Type 1 decisions or for the appeals of those decisions.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 15 of 19
TYPE 1 DECISIONS
TYPE OF PERMIT
Development Permit
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials
of sign permits which are appealable
Boundary Line Adjustment, including
Lot Consolidation (TMC 17.08)
Minor Modification to PRD
(TMC 18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
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
TYPE 2 DECISIONS
TYPE OF PERMIT
Administrative Design Review
(TMC 18.60.030)
Administrative Planned
Residential Development
(TMC 18.46)
Short Plat
(TMC 17.12)
Binding Site Improvement
Plan
(TMC Chap.17.16)
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Decision regarding
Sensitive Areas
(except Reasonable Use
Exception) (TMC 18.45)
Special Permission Parking,
and Shared, Covenant or
Complimentary Parking
(TMC 18.56.065 and .070)
Parking standard for use not
specified
(TMC 18.56.100)
Code Interpretation
(TMC 18.90.010)
Zoning Code amds -8 7 -05 NG /kn 8/3/2005
DECISION MAKER
Building Official
Community Development Director
Community Development Director
Community Development Director
Community Development Director
As specified by Ordinance
C. Type 2 decisions are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open
record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
INITIAL
DECISION MAKER
Community
Development Director
Short Plat Committee
Short Plat Committee
Short Plat Committee
Page 16 of 19
APPEAL BODY
(open record appeal)
Board of
Architectural Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
Community State Shoreline
Development Director Hearings Board
Community Planning Commission
Development Director
Community City Council
Development Director
Community City Council
Development Director
Community Hearing Examiner
Development Director
Special Permission Sign, Community Planning Commission
except "unique sign" Development Director
(various sections of
TMC Title 19)
Sign Permit Denial Community Planning Commission
(TMC Chapter 19.12.020) Development Director
Sign Area Increase Community Planning Commission
(TMC 19.32.140) Development Director
D. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shoreline
Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Resolve uncertain zone district
boundary
DECISION MAKER
Hearing Examiner
Hearing Examiner
E. Type 4 decisions are quasi judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the City Council, which will hold a closed record
appeal hearing based on the record established by the Board of Architectural Review or
Planning Commission, except Shoreline Conditional Use Permits, which are appealable
to the State Shoreline Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
TYPE OF PERMIT
Shoreline Conditional Use
Permit
(TMC 18.44.050)
Reasonable Use Exceptions
under Sensitive Areas
Ordinance
(TMC 18.45.180)
Public Hearing Design
Review
(TMC Chapter 18.60,
18.56.040 and Shoreline
Master Program)
Variance from Parking
Standards Over 10%
(TMC 18.56.140)
Modification or Waiver to
Loading Zone or Bicycle
Parking Requirements
(TMC 18.56.060 or .130)
Conditional Use Permit
(TMC Chapter 18.64)
Unique Signs
(TMC 19.28.010)
Zoning Code amds -8 7 -05 NG /kn 8/3/2005
INITIAL APPEAL BODY
DECISION (closed record appeal)
MAKER
Planning State Shoreline
Commission Hearings Board
Planning City Council
Commission
Board of
Architectural
Review
Planning
Commission
Planning
Commission
Planning
Commission
Planning
Commission
Page 17 of 19
City Council
City Council
City Council
City Council
City Council
F. Type 5 decisions are quasi judicial decisions made by the City Council
following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
Subdivision Preliminary Plat
(TMC 17.14.020)
Subdivision Final Plat
(TMC 17.14.030)
Planned Residential Development (PRD),
including Major Modifications
(TMC Chapter 18.46)
Unclassified Use
(TMC Chapter 18.66)
Rezone
(TMC Chapter 18.84)
Sensitive Area Master Plan Overlay
(TMC 18.45.160)
Shoreline Environment Redesignation
(Shoreline Master Program)
Section 23. Ordinance 1768 §2 (part), as codified at Section 18.104.130 of the
Tukwila Municipal Code, is hereby amended to read as follows:
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from
the date the applicant is notified by the Department that the application is complete.
The following periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by
any City department, agency or hearing body with jurisdiction over some aspect of the
application to correct plans, perform required studies, or provide additional
information.
The period shall be calculated from the date the applicant is notified of
the need for additional information until the earlier of:
(a) the date the department, agency or hearing body determines
whether the additional information satisfies the request, or
(b) 14 days after the date the information has been provided to the
department, agency or hearing body. If the department, agency or hearing body
determines that the action by the applicant is insufficient, it shall notify the applicant of
the deficiencies and the procedures of this section shall apply as if a new request for
information had been made.
If the applicant fails to provide a requested correction or additional
information within 90 days of the request the Department may cancel the application
due to inactivity.
2. The period of time during which an environmental impact statement is
being prepared following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on
a Type 2 land use decision, and no more than 60 days for a closed record appeal on a
Type 4 land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by
the Department and the applicant.
5. Any additional time period agreed upon by the Department, the
applicant and any parties to an appeal.
Zoning Code amds -8 7 -05 NG /kn 8/3/2005 Page 18 of 19
DECISION MAKER
City Council
City Council
City Council
City Council
City Council
City Council
City Council
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 amendment to the comprehensive plan or a development
regulation.
C. The time limitations established in this section shall not apply to street
vacations or other approvals related to the use of public areas or facilities issued
pursuant to TMC Title 11.
D. If a final decision cannot be issued within the time limits established by this
section, the Department shall provide written notice of this fact to the project applicant.
The notice shall include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of final decision.
Section 24. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held
to be invalid or unconstitutional for any reason by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
the remaining portions of this ordinance or its application to any other person or
situation.
Section 25. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF
at a Regular Meeting thereof this
ATTEST/ AUTHENTICATED:
L d A 1. 2 7
E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Zoning Code amds -8 7 -05 NG /kn 8/3/2005
Page 19 of 19
THE CITY OF-,TUKWILA, WASHINGTON,
day of 61 L. 2005.
Steven M. Mullet, Mayor
Filed with the City Clerk: 7---
Passed by the City Council: (^c
Published: L�; c,
Effective Date: f'20 `'c r
Ordinance Number: v -2C 9 `7
SUMMARY OF ORDINANCE
No. 2097
City of Tukwila, Washington
On August 1, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2097, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
Ordinance Nos. 1758, 1768, 1770, 1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865,
1954, 1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 and 2084 and Chapters 18.06,
18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.26, 18.28, 18.40, 18.46, 18.70 and
18.104 of the Tukwila Municipal Code, to clarify and update Zoning Code provisions
defining manufactured housing, lot, site and use, disallowing residential plats in
commercial zones, deregulating condominium conversions, adding an expiration
deadline for inactive permits, allowing kennels as conditional uses in TUC, providing
for Administrative Planned Residential Developments and correcting code citations;
providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of August 1 2005.
ma
Jane E. Cantu, CMC, City Clerk
Published Seattle Times: August$ 2005