HomeMy WebLinkAboutOrd 2075 - Amend TMC Title 18 Zoning - Update Definitions of Sensitive AreasCity of Tukwila
Washington
Ordinance No. 2075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1758 AND TITLE 18,
"ZONING," UPDATING THE DEFINITIONS REGARDING SENSITIVE
AREAS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the state Growth Management Act (GMA) requires the adoption of
development regulations that protect the functions and values of sensitive areas,
including wetlands, watercourses, fish and wildlife habitat conservation areas, and
areas of potential geological instability; and
WHEREAS, RCW 36.70A.172 requires local governments to include the best
available science (BAS) in developing policies and development regulations to protect
the functions and values of sensitive areas, and to give special considerations to
conservation or protection measures necessary to preserve or enhance anadromous
fisheries; and
WHEREAS, the City has revised its sensitive area regulations to address Best
Available Science, which has resulted in the need to revise certain of the definitions that
apply to environmentally sensitive areas to ensure consistency; and
WHEREAS, the Planning Commission held an open house on May 12, 2004 and a
public hearing on May 20, 2004 to obtain public input and reviewed the sensitive area
regulations at public meetings on April 29, June 10, June 24, July 22, and September 16,
2004; and
WHEREAS, the City Council held a public open house on September 28, 2004 and
public hearing on October 4, 2004 to obtain public input on the sensitive area
regulations as recommended by the Planning Commission and reviewed the sensitive
area regulations at public meetings on September 20, October 25, November 1,
November 8, November 23, and December 6, 2004; and
WHEREAS, state agencies, including the Department of Community, Trade and
Economic Development, Department of Ecology and Department of Fish and Wildlife
received notification and copies of the draft regulations for review at least 60 days prior
to adoption;
WHEREAS, the City received comments from the Department of Community,
Trade and Economic Development, and the Department of Ecology and addressed
these comments in the ordinance or as departures;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions Amended. Ordinance No. 1758, as codified at TMC Section
18.06, is hereby amended to read as follows:
Definitions 18.06 12/10/04 Page 1 of 31
Sections:
18.06.005 General Definitions
18.06.010 Abandoned Mine Areas
18.06.015 Access Road
18.06.017 Adaptive Management
18.06.018 Adjacent
18.06.020 Adult Day Care
18.06.025 Adult Entertainment Practices
18.06.035 Alley
18.06.037 Amusement Device
18.06.045 Applicant
18.06.050 Area, Site
18.06.055 Areas of Potential Geologic Instability
18.06.060 Basement
18.06.065 Bed and Breakfast Lodging
18.06.069 Best Available Science
18.06.070 Best Management Practices
18.06.071 Binding Site Improvement Plan
18.06.072 Block
18.06.073 Boarding House
18.06.074 Brew Pub
18.06.075 Buffer
18.06.080 Building
18.06.085 Building, Accessory
18.06.090 Building Area
18.06.095 Building, Detached
18.06.097 Building Footprint
18.06.100 Building Height
18.06.105 Building Line
18.06.110 Building, Nonconforming
18.06.115 Building Permit
18.06.118 Bulk Retail
18.06.120 Bus Station
18.06.125 Caliper
18.06.130 Canopy
18.06.135 Canopy Cover
18.06.137 Cargo Container
18.06.140 Certified Arborist
18.06.145 Clearing
18.06.150 Clinic
18.06.152 Closed Record Appeal
18.06.155 Club
18.06.165 Comprehensive Plan
18.06.173 Convalescent/ Nursing Home
18.06.175 Cooperative Parking Facility
18.06.178 Correctional Institution
18.06.180 Coverage
18.06.183 Cul -De -Sac
18.06.185 Curb -Cut
18.06.190 Dangerous Waste
18.06.195 Day Care Center
18.06.196 Daylighting
18.06.198 Dedication
18.06.200 Density Transfer
18.06.202 Department
Definitions 18.06 12/10/04
Chapter 18.06
DEFINITIONS
Page 2 of 31
18.06.203 Design Criteria
18.06.204 Design Guidelines
18.06.205 Designated Facility Zone
18.06.210 Development
18.06.215 Development Area
18.06.220 Diameter /Diameter- Breast Height (D.B.H.)
18.06.225 Director
18.06.230 District
18.06.235 District, Overlay
18.06.237 Dormitory
18.06.240 Driveway
18.06.245 Dwelling, Manufactured or Mobile Home
18.06.250 Dwelling, Multi- Family
18.06.255 Dwelling, Single- Family
18.06.260 Dwelling Unit
18.06.264 Engineer, Geotechnical
18.06.266 Engineer, Professional
18.06.268 Engineering, Geotechnical
18.06.270 Essential Public Facilities
18.06.275 Essential Root Zone
18.06.280 Essential Use
18.06.285 Essential Street, Road, Right -of -Way or Utility
18.06.290 Extremely Hazardous Waste
18.06.300 Family Child Care Home
18.06.310 Fence
18.06.315 Filling
18.06.318 Final Plat
18.06.320 Fire Lane
18.06.325 Floor Area
18.06.340 Fraternal Organization
18.06.345 Garage, Private
18.06.353 General Retail
18.06.355 Geologist
18.06.365 Grade
18.06.370 Grading
18.06.380 Groundcover
18.06.385 Hazardous Substance
18.06.390 Hazardous Substance Processing or Handling
18.06.395 Hazardous Tree
18.06.400 Hazardous Waste
18.06.405 Hazardous Waste Storage
18.06.410 Hazardous Waste Treatment
18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site
18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site
18.06.425 High Impact Environment
18.06.430 Home Occupation
18.06.435 Hospital
18.06.440 Hotel
18.06.445 Impervious Surface
18.06.450 Infrastructure
18.06.453 Integrated Site
18.06.454 Internet Data /Telecommunication Center
18.06.460 Junk Yard
18.06.465 Kennel
18.06.470 Laboratory, Medical And Dental
18.06.473 Land Surveyor
18.06.475 Land Altering Activity
18.06.480 Land Altering Permit
Definitions 18.06 12/10/04
Page 3 of 3 l
18.06.485 Landscape Architect
18.06.490 Landscaping or Landscaped Areas
18.06.493 Lease
18.06.495 Loading Space
18.06.500 Lot
18.06.505 Lot Area
18.06.510 Lot, Corner
18.06.515 Lot Coverage
18.06.520 Lot Depth
18.06.525 Lot Frontage
18.06.530 Lot Lines
18.06.535 Lot, Interior
18.06.540 Lot, Through
18.06.545 Lot Width
18.06.550 Low Impact Environment
18.06.555 Major Adjustment
18.06.560 Mall
18.06.565 Manufactured /Mobile Home Park
18.06.567 Manufacturing
18.06.568 Mass Transit Facilities
18.06.570 Mean High Water Mark
18.06.575 Mining And Quarrying
18.06.580 Minor Adjustment
18.06.581 Mitigation
18.06.583 Modular Home
18.06.585 Motel
18.06.590 Nonconforming Use
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
18.06.610 Parcel
18.06.611 Park and Ride
18.06.613 Parking, Commercial
18.06.615 Parking Space
18.06.617 Pawnbroker
18.06.618 Performance Bond or Guarantee
18.06.620 Performance Standards
18.06.625 Person
18.06.630 Plan
18.06.632 Planned Residential Development (PRD)
18.06.633 Planning Commission
18.06.635 Plat
18.06.636 Preliminary Plat
18.06.637 Principal Building
18.06.638 Private Access Road
18.06.640 Property Owner
18.06.645 Protected Tree /Protected Vegetation
18.06.650 Protection Measure
18.06.655 Protective Fencing
18.06.657 Public Meeting
18.06.660 Reach
18.06.665 Recreation Space
18.06.670 Recreation Space, Covered
18.06.675 Recreation Space, Uncovered
18.06.685 Residence
Definitions 18.06 12/10/04
Page 4 of 31
18.06.687 Restaurant
18.06.688 Restaurant, Fast Food
18.06.689 Right -of -Way
18.06.690 River Channel
18.06.695 River Environment
18.06.697 Roadway
18.06.700 Sanitarium
18.06.705 Screening
18.06.706 Secure Community Transitional Facility
18.06.707 Self Storage Facility
18.06.708 Senior Citizen Housing
18.06.710 Sensitive Area Buffer
18.06.715 Sensitive Area Regulated Activities
18.06.720 Sensitive Areas
18.06.725 Sensitive Areas Ordinance
18.06.730 Sensitive Area Tract or Easement
18.06.735 Service Station
18.06.740 Setbacks
18.06.743 Shelter
18.06.745 Shelter Station
18.06.750 Shopping Center, Planned
18.06.760 Shoreline
18.06.765 Shoreline Zone
18.06.767 Short Plat
18.06.768 Short Subdivision
18.06.769 Short Subdivision Committee
18.06.770 Sign
18.06.775 Significant Tree
18.06.780 Site
18.06.785 Solid Planting
18.06.790 Story
18.06.795 Street
18.06.800 Structure
18.06.805 Structural Alteration
18.06.810 Studios
18.06.813 Subdivision
18.06.815 Substantial Construction
18.06.820 Surveyor
18.06.823 Theater
18.06.825 Tract
18.06.830 Trailer Court or Park
18.06.835 Trailer, Travel
18.06.840 Transit Center
18.06.845 Tree
18.06.850 Tree Clearing Permit
18.06.855 Turbidity
18.06.860 Understory Vegetation
18.06.863 Usable Floor Area
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
Definitions 18.06 12/10/04
Page 5 of 31
18.06.915 Vehicles
18.06.918 Warehouse
18.06.920 Watercourse
18.06.922 Wetland
18.06.924 Wetland edge
18.06.926 Wetland or Watercourse, Constructed
18.06.928 Wetland, Emergent
18.06.930 Wetland, Forested
18.06.932 Wetland, Isolated
18.06.933 Wetland, Regulated
18.06.934 Wetland, Scrub -Shrub
18.06.935 Yard
18.06.940 Yard, Front
18.06.945 Yard, Rear
18.06.950 Yard, Second Front
18.06.955 Yard, Side
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."
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.
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.
18.06.017 Adaptive Management
"Adaptive management" means the use of scientific methods to evaluate how well
regulatory and non regulatory actions protect a sensitive 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.
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.
Definitions 18.06 12/10/04
Page 6 of 31
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 excludes 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 distinguished 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 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 human 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.
Definitions 18.06 12/10/04
Page 7 of 31
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.
18.06.037 Amusement Device
"Amusement device" means a structure such as a ferris wheel, roller coaster or
climbing wall.
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 easement, 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.
18.06.050 Area, Site
"Site area" means the total two- dimensional horizontal area within the property
lines excluding external streets.
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.
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.
18.06.065 Bed and Breakfast Lodging
"Bed- and breakfast" means an owner occupied dwelling unit that contains guest
rooms where lodging is provided for compensation.
18.06.069 Best Available Science
"Best Available Science" means that scientific information applicable to the
sensitive 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.
18.06.070 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;
Definitions 18.06 12/10/04
Page 8 of 31
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.
18.06.071 Binding Site Improvement Plan
"Binding Site Improvement Plan" means an improvement plan processed in
accordance with Chapter 17.16, which is legally binding on the land owner, his heirs,
successors and assigns.
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.
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, shelters, and facilities which provide short- or
long -term care for tenants suffering from physical, mental or other disabilities.
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
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.
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.
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.
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.
18.06.095 Building, Detached
"Detached building" means a building surrounded on all sides by open space.
Definitions 18.06 12/10/04
Page 9 of 31
18.06.097 Building Footprint
"Building footprint" means the square footage contained within the foundation
perimeter of all structures located on a lot, plus overhangs projecting in excess of 18
inches, but excluding decks less than 18 inches above grade.
18.06.100 Building Height
"Building height" means the height of a building as calculated by the method in
the Washington State Building Code.
18.06.105 Building Line
"Building line" means the line of face or corner of part of a building nearest the
property line.
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.
18.06.115 Building Permit
"Building permit" means a permit for construction in accordance with specific
approved plans that are on file with the DCD.
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.
18.06.120 Bus Station
"Bus station" means a facility providing connections between buses serving
different inter -city routes.
18.06.125 Caliper
"Caliper" means the American Association of Nurserymen standard for
measurement of trunk size of nursery stock. Caliper of the trunk shall be taken 6 inches
above the ground.
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.
18.06.135 Canopy Cover
"Canopy cover" means the cumulative areal extent of the canopy of all trees on the
site.
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.
Definitions 18.06 12/10/04
Page 10 of 31
18.06.140 Certified Arborist
"Certified arborist" means an arborist certified by the International Society of
Arboriculture or National Arborist Association.
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.
18.06.150 Clinic
"Clinic" 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.
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.
18.06.155 Club
"Club" means an incorporated or unincorporated association of persons organized
for a social, education, literary or charitable purpose.
18.06.165 Comprehensive Plan
"Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan.
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.
18.06.175 Cooperative Parking Facility
"Cooperative parking facility" means an off street parking facility shared by two
or more buildings or uses.
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.
Definitions 18.06 12/10/04
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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.
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.
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.
18.06.190 Dangerous Waste
"Dangerous waste" means those solid wastes designated in WAC 173 303 -070
through 173 303 -103 as dangerous waste.
18.06.dd Daylighting
"Daylighting" means removing piped sections of a watercourse to create open
channels for watercourse conveyance.
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.
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.
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.
18.06.202 Department
"Department" means the Department of Community Development.
18.06.203 Design Criteria
"Design Criteria" explains mandatory design requirements for development
proposals. They are the decision criteria by which the Board of Architectural Review
decides whether to approve, condition or deny a project.
18.06.204 Design Guidelines
"Design Guidelines" consist of advisory or recommended descriptions and
illustrations that augment each Design Criteria, provide guidance to the project
applicant developing the project, to City staff in reviewing a project proposal, and to the
Board of Architectural Review in determining whether the project meets the Design
Criteria.
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.
Definitions 18.06 12/10/04
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18.06.210 Development
"Development" means the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure that requires a building permit.
18.06.215 Development Area
"Development area" means the impervious surface area less the following
surfaces: the footprint of an exclusive recreational facility; 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; vehicle circulation aisles between separate parking areas;
sidewalks; paths; and other pedestrian /recreation facilities clearly designed to enhance
the pedestrian environment.
18.06.220 Diameter /Diameter- Breast Height (d.b.h.)
Diameter /diameter- breast height" (d.b.h.) means the diameter of any tree trunk,
measured at 4.5 feet above average grade.
18.06.225 Director
"Director" means the Director of the Department of Community Development.
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 permitted.
18.06.235 District, Overlay
"Overlay District" 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
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.
18.06.240 Driveway
"Driveway" means a private road giving access from a public way to a building or
abutting grounds.
18.06.245 Dwelling, Manufactured Home or Mobile Home
"Manufactured home dwelling" or "mobile home dwelling" means a detached
residential dwelling unit fabricated in an off -site manufacturing facility for installation
or assembly at the building site, bearing an insignia issued by the State of Washington
certifying that it is built in compliance with the Federal Manufactured Housing
Construction and Safety Standards for manufactured homes.
18.06.250 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.
18.06.255 Dwelling, Single- Family
"Single- family dwelling" means a building or modular home, other than a mobile
or manufactured home, designed to contain no more than one dwelling unit plus one
accessory dwelling unit.
Definitions 18.06 12/10/04
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18.06.260 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.
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.
18.06.266 Engineer, Professional
"Professional Engineer" means an engineer licensed in the State of Washington.
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:
Soils mechanics kinematics, dynamics, fluid mechanics, and mechanics of
material applied to soils in order to build with or on soils.
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.
Rock engineering buildings, dams, deep excavations, tunnels.
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).
18.06.275 Essential Root Zone
"Essential root zone" means the area located on the ground between the tree trunk
and 10 feet beyond the canopy.
18.06.280 Essential Use
"Essential use" means that use for the preservation or promotion of which the use
district was created and to which all other permitted uses are subordinate.
18.06.285 Essential Street, Road, Right -of -Way or Utility
"Essential street, road, right -of -way or utility" means a utility facility, utility
system, street, road or right -of -way where no feasible alternative location exists based
on an analysis of technology and system efficiency.
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.
Definitions 18.06 12/10/04
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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 that 24
hours per day. An off street parking space shall be made available for any non resident
employee.
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.
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).
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 Elections, and containing all
elements and requirements set forth in the subdivision code.
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.
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.
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.
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.
18.06.353 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.
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.
Definitions 18.06 12/10/04
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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.
18.06.370 Grading
"Grading" means any excavating, filling, clearing, or the creation of impervious
surface, or any combination thereof, which alters the existing surface of the earth.
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.
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.
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.
18.06.395 Hazardous Tree
"Hazardous tree" means a tree with a structural defect or disease, or which
impedes safe vision or traffic flow, or otherwise currently poses a threat to life or
property.
18.06.400 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.
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.
18.06.410 Hazardous Waste Treatment
"Hazardous waste treatment" means the physical, chemical, or biological
processing of dangerous waste to make such wastes nondangerous or less dangerous,
safer for transport, or amenable for energy or material resource recovery.
18.06.415 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.
18.06.420 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.
Definitions 18.06 12/10/04
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18.06.425 High Impact Environment
"High impact environment" means the area between the low- impact environment
and a point 200 feet landward from the mean high water mark.
18.06.430 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; provided, that:
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;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the
normal senses off the lot;
5. The business involves no more than one person who is not a resident of the
dwelling; and
6. An off street parking space shall be made available for any non resident
employee.
18.06.435 Hospital
"Hospital" means a building designed and 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 and clinics are not included.
18.06.440 Hotel
"Hotel" means a building or portion thereof designed or used for the transient
rental of five or more units for sleeping purposes. A central kitchen and dining room
and accessory shops and services catering to the general public can be provided. Not
included are institutions housing persons under legal restraint or requiring medical
attention or care.
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.
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.
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.
Definitions 18.06 12/10/04
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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.
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.
18.06.465 Kennel
"Kennel" means a place where four or more dogs or cats or any combination
thereof are kept.
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.
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.
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 16.54, Land Altering.
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 16.54, Land Altering.
18.06.485 Landscape Architect
"Landscape architect" means a person licensed by the State of Washington to
engage in the practice of landscape architecture as defined by RCW 18.96.030.
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.
18.06.493 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."
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.
Definitions 18.06 12/10/04
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18.06.500 Lot
"Lot" means a physically separate and distinct parcel of property which has been
created by plat, short plat or binding site plan, or which by reason of its ownership
history, was used as a separate legal building site prior to the requirement that lots be
created by plat, short plat or binding site plan.
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, or private access roads serving more
than one lot authorized pursuant to the subdivision ordinance.
18.06.510 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.
18.06.515 Lot Coverage
"Lot coverage" means the surface of the subject property covered with impervious
surface, other than outdoor pools.
18.06.520 Lot Depth
"Lot depth" means the mean dimension of the lot from the front street line to the
rear line.
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.
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'.
18.06.535 Lot, Interior
"Interior lot" means a lot other than a corner lot with only one frontage on a street.
18.06.540 Lot, Through
"Through lot" means a lot fronting on two streets that do not intersect on the
parcel's lot lines.
18.06.545 Lot Width
"Lot width" means the mean horizontal distance between lot side lines.
18.06.550 Low Impact Environment
"Low impact environment" means the area between the River Environment and a
point 100 feet landward from the mean high water mark having environmentally
protective land use regulations as established in the Shoreline Overlay District chapter
of this title.
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.
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.
Definitions 18.06 12/10/04
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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.
18.06.567 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.
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.
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.
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.
18.06.580 Minor Adjustment
"Minor adjustment" means any change which is not determined by the Director to
be a major change.
18.06.581 Mitigation
"Mitigation" means replacing project induced sensitive area and buffer losses or
impacts, and includes but is not limited to the following:
1. Restoration: Actions performed to reestablish sensitive area and its buffer
functional characteristics and processes which have been lost by alterations, activities or
catastrophic events within an area which no longer meets the definition of a sensitive
area;
2. Creation: Actions performed to intentionally establish a sensitive 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 sensitive area or its buffer so that the functions it provides are of higher
quality.
18.06.583 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.
18.06.585 Motel
"Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court,
motor inn and similar names. A motel is a building or buildings, detached or in
connected units or designed as a single structure, the units of which are used as
individual sleeping or dwelling units having their own private toilet facilities, and may
or may not have their own kitchen facilities, and are designed primarily for the
Definitions 18.06 12/10/04
Page 20 of 31
accommodation of transient automobile travelers. Accommodations for travel trailers
are not included.
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.
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.
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.
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.
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.
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.
18.06.605 Ordinary High Water Mark
"Ordinary high water mark (OHWM)" means the mark that will be found by
examining the bed and banks of a stream and ascertaining where the presence and
action of waters are so common and usual as to distinctly mark the soil from that of the
abutting upland, in respect to vegetation.
18.06.610 Parcel
"Parcel" means a tract or plat of land of any size which may or may not be
subdivided or improved.
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.
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.
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.
Definitions 18.06 12/10/04
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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.
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.
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.
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.
18.06.630 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.
18.06.632 Planned Residential Development (PRD)
"Planned residential development (PRD)" means a form
development characterized by a unified site design for a number of
clustered buildings, common open space, and a mix of building types.
overlay district which is superimposed over the underlying district as
such district regulations, as processed through procedures specified
Residential Development District chapter of this title.
of residential
dwelling units,
The PRD is an
an exception to
in the Planned
18.06.633 Planning Commission
"Planning Commission" means that body as defined under Title 2.36 of the
Tukwila Municipal Code.
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.
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.
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.
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.
Definitions 18.06 12/10/04
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18.06.640 Property Owner
"Property owner" means the owner of record for a site, or his or her authorized
representative.
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.
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 Clearing Permit.
18.06.655 Protective Fencing
"Protective fencing" means the temporary fence or other structural barrier
installed to prevent permitted clearing or construction activity from adversely affecting
vegetation that is approved for retention in a Tree Clearing Permit.
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.
18.06.660 Reach
"Reach" means a segment of a watercourse with uniform characteristics.
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.
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.
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).
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.
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.
18.06.688 Restaurant, Fast Food
"Fast Food Restaurant" 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.
Definitions 18.06 12/10/04
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18.06.689 Right -of -Way
"Right -of -way" means a right belonging to a party to pass over land of another.
18.06.690 River Channel
"River channel" means that area of the river environment lying riverward of the
mean high water mark.
18.06.695 River Environment
"River environment" means the area between the mean high water mark and a
point 40 feet landward from the mean high water mark, having the most
environmentally protective land use regulations as established in the Shoreline Overlay
District chapter of this title.
18.06.697 Roadway
"Roadway" means that improved portion of a street intended for the
accommodation of vehicular traffic, generally within curb lines.
18.06.700 Sanitarium
"Sanitarium" means a facility designed and used for the care, treatment and
housing of persons with specific chronic diseases. Convalescent homes are not
included.
18.06.705 Screening
"Screening" means a continuous fence and or evergreen landscaped planting that
effectively conceals the property it encloses.
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."
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.
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 population of disabled individuals may not exceed 20% of the residents. These
facilities may not include populations requiring convalescent or chronic care, as defined
under RCW 18.51.
Definitions 18.06 12/10/04
Page 24 of 3 l
18.06.710 Sensitive Area Buffer
"Sensitive area buffer" means an area lying adjacent to but outside a sensitive area
as defined by this Title, whose function is to protect sensitive areas from the potential
adverse impacts of development, land use, or other activities. A wetland or
watercourse sensitive area buffer also provides critical habitat value, bank stabilization,
or water overflow area functions.
18.06.715 Sensitive Area Regulated Activities
"Sensitive 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 pollu-
tants.
18.06.720 Sensitive Areas
"Sensitive areas" means wetlands, watercourses, areas of potential geologic
instability (other than Class I areas), abandoned coal mine areas, and fish and wildlife
habitat conservation areas.
18.06.725 Sensitive Areas Ordinance
"Sensitive Areas Ordinance" means the Environmentally Sensitive Areas chapter
of this title or as amended hereafter which establishes standards for land development
on lots with sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.).
18.06.730 Sensitive Area Tract or Easement
"Sensitive area tract or easement" means a tract or portion of a parcel that is
created to protect the sensitive 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.
18.06.735 Service Station
"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, and other minor servicing
incidental to this use, but no painting or major repair operations.
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 18 inches into this area.
18.06.743 Shelter
"Shelter" means a building or use providing residential housing on a short -term
basis for victims of abuse and their dependents, or a residential facility for runaway
minors (children under the age of 18).
Definitions 18.06 12/10/04
Page 25 of 31
18.06.745 Shelter station
"Shelter station" means a shelter for protection from the elements for the waiting
customers of a public transportation system.
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.
18.06.760 Shoreline
"Shoreline" means the line at mean high water surrounding any body of water of
20 acres or larger or where the mean flow is 20 cubic feet per second or greater.
18.06.765 Shoreline zone
"Shoreline zone" means a 200 -foot area surrounding any shoreline in Tukwila
composed of three zones: (1) river environment, (2) low impact environment, and (3)
high impact environment.
18.06.767 Short plat
"Short plat" means the map or representation of a short subdivision.
18.06.768 Short Subdivision
"Short subdivision" means the division of land into nine or less lots, tracts, parcels,
sites or divisions.
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.
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.
18.06.775 Significant Tree
A "significant tree" means a tree (Cottonwood excluded) which is 4 inches or more
in diameter as measured 4.5 feet above grade.
18.06.780 Site
"Site" means any legally defined section of real property, whose boundaries are
recorded for purposes of assessing taxes with the County Assessor's Office.
18.06.785 Solid Planting
"Solid planting" means a planting of evergreen trees and or shrubs which will
prevent a through and unobscured penetration of sight or light.
18.06.790 Story
"Story" means story as defined in the Washington State Building Code.
18.06.795 Street
"Street" means a public thoroughfare which affords the principal means of access
to abutting properties.
Definitions 18.06 12/10/04
Page 26 of 31
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, retaining walls less than three feet in height, rockeries and similar
improvements of minor character.
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.
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.
18.06.813 Subdivision
"Subdivision" means the division or redivision of land into ten or more 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.
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.
18.06.823 Theater
"Theater" is a building or part of a building devoted to showing motion pictures
or for dramatic, dance, musical or other live performances.
18.06.825 Tract
"Tract" means a parcel of land proposed for subdivision or a distinct parcel
designated for a specific use.
18.06.830 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.
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.
18.06.840 Transit Center
"Transit center" means a location where groups of buses or other public
transportation vehicles can be brought together at the same time, allowing patrons to
transfer between the routes.
18.06.845 Tree
"Tree" means any self supporting woody plant, which at maturity is usually 20
feet or more in height and generally has one main trunk, with a potential diameter
breast- height of 2 inches or more.
18.06.850 Tree Clearing Permit
"Tree clearing permit" means a permit issued by the Director authorizing tree
clearing activities, pursuant to the general permit provisions of this title.
Definitions 18.06 12/10/04
Page 27 of 31
18.06.855 Turbidity
"Turbidity" means a cloudy condition in water due to the suspension of silt, finely
divided organic matter, or other pollutants.
18.06.860 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.
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.
18.06.865 Use
"Use" means the nature of the occupancy, the type of activity, or the character and
form of improvements to which land is devoted or may be devoted.
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.
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.
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.
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.
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.
18.06.895 Unlisted Use
"Unlisted use" means uses which are not specifically named as permitted in any
use classification contained within this title.
18.06.900 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.
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.
Definitions 18.06 12/10/04
Page 28 of 31
18.06.910 Vegetation
"Vegetation" means living trees, shrubs or groundcover plants.
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.
18.06.918 Warehouse
"Warehouse" is a building or group of buildings that are primarily for the storage
of goods.
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.
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 nonwetland areas to
mitigate conversion of wetlands as permitted by the City shall be considered wetlands.
18.06.924 Wetland Edge
"Wetland edge" means the boundary of a wetland as delineated based on the 1987
manual in use January 1, 1995 by the U.S. Environmental Protection Agency and the
U.S. Army Corps of Engineers.
18.06.926 Wetlands or Watercourses, Constructed
"Constructed wetlands" or "constructed watercourses" means those wetlands or
watercourses which an applicant can demonstrate were intentionally created from
nonwetland or nonwatercourse sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds and landscape amenities; and does not mean those wetlands and
watercourses created through compensatory mitigation.
18.06.928 Wetland, Emergent
"Emergent wetland" means a regulated wetland with at least 30% of the surface
area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative
stratum.
Definitions 18.06 12/10/04
Page 29 of 31
18.06.930 Wetlands, Forested
"Forested wetland" means a regulated wetland with at least 30% percent of the
surface area covered by woody vegetation 20 feet or greater in height that is at least
partially rooted within the wetland.
18.06.932 Wetland, Isolated
"Isolated wetlands" means those wetlands that:
Are not hydrologically connected to, and not contiguous to any 100 year floodplain of a
lake, river or stream, in accordance with current State and federal regulations; and have
no contiguous hydric soil and hydrophytic vegetation between the wetland and any
regulated surface water.
18.06.933 Wetlands, Regulated
"Regulated wetland" means ponds or lakes 30 acres or less and those lands subject
to the "wetland" definition contained in this chapter. Wetlands 1,000 sq. ft. and less that
do not meet any of the criteria of TMC 18.45.080B are not regulated.
18.06.934 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.
18.06.935 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.
18.06.940 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'.
18.06.945 Yard, Rear
"Rear yard" means a yard extending across the rear of the lot between inner side
yard lines.
18.06.950 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 Supplemental
Development Regulations chapter of this title and Figure 18 -4.)
18.06.955 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.
Section 2. 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.
Definitions 18.06 12/10/04
Page 30 of 31
Section 3. 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 Special Meeting thereof this 13 day of t CL YYLkX. A. 2004.
ATTEST/ AUTHENTICATED:
IQ it l i /31 t.. 1l l%
Jane E. Cantu, CMC, City Clerk
Definitions 18.06 12/10/04
BY:
Page 31 of 31
1 taiVir
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
12-a g.
_12-
12, 17-(
zoo S
SUMMARY OF ORDINANCE
No. 2075
City of Tukwila, Washington
On December 13, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2075, 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 No. 1758 and Title 18, "Zoning updating the definitions regarding sensitive
areas; providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Special Meeting of December 13, 2004.
Jane E. Cantu, &/IC, City Clerk
Published Seattle Times: December 17, 2004