HomeMy WebLinkAboutOrd 1770 - Amend Ordinances to Conform to Procedures Adopted in Separate Ordinances to Implement Permit Processing Requirements and Concurrency and Consistency RequirementsWashington
Cover page to Ordinance 1770
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY OF TUKWILA,
WA.SRINGTON„ MODIFYING EXISTING CITY
ORDINANCES TO CONFORM TO THE, PROCEDURES
ADOPTED IN SEPARATE ORDINANCES 'TO IMPLEMENT
THE PERMIT PROCESSING REQUIR.EMENTS OF RCW CH.
36.70B AND THE CONCURRENCY AND CONSISTENCY
REQUIREMENTS OF RCW 36.70A„ AMENDING CHAPTER
2,.04„ 2.76„ 14,.04, 14,12, 16,52, 1.6,54., 1.7,04, 17.08, 1.7,12, 17.16,
1732„ 1.8.08, 1844„ 18.45,, 18,46, 18.54., 18,56, 1.8.60, 18,64,
18.66, 1.8.70, 18..72, 18,80, 18.84„ 18,88, 18,90, 18-92, 19.08,
19,12, 1928, .1932,.and. 21,04 OF THE TUKWILA MUNICIPAL,
CODE,AND ADDING A NEW SECTION TO CHAPTER
21.04.
Ordinance 1770 was amended or repealed by the following ordinances.
AMENDED
Section(a) Amended
Amended by Ord ii.
1796,2096
29,31
2097
32
2570,2678
33,52,53,55
2368
35
1865,2005,2235
36,39,40
2500
41
1991
52,53,54,55
2717
55
1856
62,85
2120
81
2711
84
2374,2743
REPEALED
Section(s) Repealed
Repealed by Ord #
(part)
2303, 2313
1
2024
7-10
2314
11
2038
12, 15
2062
16-20, 22
1833
23, 27, 29-33, 35, 36,
41, 44-46, 48, 52, 54,
62
38-
55,
2741
25, 26
2074
35
2235
43
1816
47
1819
53
2717
56, 58
2116
61
1834
68-69
1913
72, 80
1892
�p 2
C ity
Washington
Ordinance No. Z7�
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, MODIFYING EXISTING CITY
ORDINANCES TO CONFORM TO THE PROCEDURES
ADOPTED IN SEPARATE ORDINANCES TO IMPLEMENT
THE PERMIT PROCESSING REQUIREMENTS OF RCW CH.
36.70B AND THE CONCURRENCY AND CONSISTENCY
REQUIREMENTS OF RCW 36.70A, AMENDING CHAPTER
2.04, 2.76, 14.04, 14.12, 16.52, 16.54, 17.04, 17.08, 17.12, 17.16,
17.32, 18.08, 18.44, 18.45, 18.46, 18.54, 18.56, 18.60, 18.64,
18.66, 18.70, 18.72, 18.80, 18.84, 18.88, 18.90, 18.92, 19.08,
19.12, 19.28, 19.32, and 21.04 OF THE TUKWILA MUNICIPAL
CODE, AND ADDING A NEW SECTION TO CHAPTER
21.04.
WHEREAS, RCW ch. 36.70B requires that the City adopt certain procedures for
processing land use permits; and
WHEREAS, RCW ch. 36.70A requires that no land use permit applications be approved
until a determination has been made that the application is consistent with and carries out the
objectives of the Comprehensive Plan, Development Regulations and other applicable laws and
regulations, and that the City implement procedures to assure that utility and transportation
capital facilities necessary to support new development are provided in a manner which is
concurrent with the occupancy and use of new development; and
WHEREAS, by separate ordinances the City Council has approved procedures to
implement the requirements of RCW ch. 36.70A and 36.70B, which require that existing
ordinances be amended to conform to the new procedures,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
Section 1 City Council Agenda Format (TMC 2.04.150) 5
Section 2 Powers and Duties of Board of Adjustment Designated
(TMC 2.76.070) 7
Section 3 Board of Adjustment Action Final (TMC 2.76.080) 8
Section 4 Definitions (TMC 14.04.010) 8
Section 5 Application to Connect Required (TMC 14.04.020) 8
Section 6 Contents of Application (TMC 14.04.030) 8
Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070) 9
Section 8 Issuance of Temporary Permit (TMC 14.12.080) 9
Section 9 Permit To Construct, Extend or Repair Sanitary Sewer
Inside Property (TMC 14.12.090)
Section 10 Additional Work Permit (TMC 14.12.100) 10
Section 11 The Flood Control Zone Permit Process General Provisions
(TMC 16.52.050) 10
Section 12 Permits Authority (TMC 16.54.090) 13
Section 13 Permits Application (TMC 16.54.100) 14
Section 14 Permit Issuance (TMC 16.54.120) 14
Section 15 Variances (TMC 16.54.290) 15
Section 16 Administering Authority (TMC 17.04.060) 15
Section 17 Review Procedures (TMC 17.08.060) 15
Section 18 Preliminary Plat Procedures (TMC 17.12.030) 16
Section 19 Final Plat Procedures (TMC 17.12.040) 19
Section 20 Application Requirements (TMC 17.16.030) 23
Section 21 Appeal Procedure (TMC 17.16.090) 23
Section 22 Exceptions (TMC 17.32.010) 24
Section 23 Rules of Interpretation (TMC 18.08.040) 24
Section 24 Appeals (TMC 18.44.170) 25
Section 25 Exceptions (TMC 18.45.115) 25
Section 26 Appeals (TMC 18.45.125) 26
Section 27 Multi Family Density Standards (TMC 18.46.070 27
Section 28 Pre application Procedure (TMC 18.46.100) 27
Section 29 Application Procedure Required for PRD Approval (TMC
18.46.110) 27
Section 30 Review Criteria (TMC 18.46.112) 28
Section 31 Expiration of Time Limits (TMC 18.46.140) 29
Section 32 Permit Processing and Duration (TMC 18.54.150) 29
Section 33 Loading space requirements (TMC 18.56.060) 29
Section 34 Cooperative Parking Facility (TMC 18.56.070) 30
Section 35 Action by the Board of Architectural Review (TMC
18.60.070) 30
Section 36 Application Requirements and Fees (TMC 18.64.030) 30
Section 37 Application Hearing Notice (TMC 18.64.040) 31
Section 38 Criteria (TMC 18.64.050) 31
Section 39 Expiration and Renewal (TMC 18.64.060) 31
Section 40 Performance Bond or Other Security (TMC 18.64.080) 32
2
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Section 41 Application Requirements (TMC 18.64.090) 32
Section 42 Notice and Hearing Requirements (TMC 18.66.050) 32
Section 43 Criteria (TMC 18.66.060) 32
Section 44 Expiration and Renewal (TMC 18.66.070) 33
Section 45 Revocation of Permit (TMC 18.66.080) 33
Section 46 Resubmittal of Application (TMC 18.66.100) 34
Section 47 Nonconforming adult entertainment establishments (TMC
18.70.110) 34
Section 48 Application Requirements (TMC 18.72.040) 35
Section 49 Application Hearing and Notice (TMC 18.72.050) 35
Section 50 Application Board Decision (TMC 18.72.060) 35
Section 51 Appeal (TMC 18.72.080) 35
Section 52 Application (TMC 18.80.010) 35
Section 53 Documents to be Submitted with Application (TMC
18.80.015) 36
Section 54 Docket (TMC 18.80.020) 37
Section 55 Council Consideration (TMC 18.80.050) 37
Section 56 Submission to City Council (TMC
18.84.010) 37
Section 57 Submission to City Council Action (TMC 18.84.020) 38
Section 58 Criteria for Granting Zoning Map Reclassifications (TMC
18.84.030) 38
Section 59 Petition for Decision Review (TMC 18.84.040) 38
Section 60 Final Action (TMC 18.84.050) 38
Section 61 Application Fees (TMC 18.88.010) 38
Section 62 Appeals from Decisions or Interpretations of the Director
(TMC 18.90.010) 39
Section 63 Appeals from Decisions of the Planning Commission (TMC
18.90.020) 39
Section 64 Appeals from Decisions of the Board of Adjustment (TMC
18.90.030) 40
Section 65 Publication (TMC 18.92.010) 40
Section 66 Notice to Property Owners (TMC 18.92.020) 40
Section 67 Special Permission Sign (TMC 19.08.215) 40
Section 68 Required (TMC 19.12.010) 40
Section 69 Application Procedure (TMC 19.12.020) 41
Section 70 Applications Rejection Appeal (TMC 19.12.040) 41
Section 71 Fees Public Hearings (TMC 19.12.100) 41
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Section 72 Designated (TMC 19.28.010)
Section 73 Shared directional signs (TMC 19.32.020)
Section 74 Home occupation Church, approved conditional use and
public facility signs (TMC 19.32.080)
Section 75 Where signs will face other multiple family, commercial or
industrial zones (TMC 19.32.100)
Section 76 Where signs will face or abut single family zones (TMC
19.32.120)
41
42
42
43
43
Section 77 Where signs will face or abut multiple family zones or
public facilities (TMC 19.32.130) 44
Section 78 Commercial zones where signs will face or abut other
commercial or industrial zones, except as provided in Section
19.32.150 through Section 19.32.190 inclusive (TMC 19.32.140) 44
Section 79 Building identification signs Displays (TMC 19.32.150) 45
Section 80 Permitted signs Height and area allowance (TMC
19.32.180) 46
Section 81 Definitions Additional (TMC 21.04.040) 46
Section 82 Categorical Exemptions and Threshold Determinations
Time Estimates (TMC 21.04.090) 46
Section 83 EIS Time for Preparation (TMC 21.04.185) 47
Section 84 Public Notice Procedure (TMC 21.04.210) 48
Section 85 Appeals (TMC 21.04.280) 49
Section 86 Severability 49
Section 87 Effective date 49
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Section 1 City Council Agenda Format (TMC 2.04.150)
TMC 2.04.150 and Ordinance 1311, §8(part), as amended by Ordinance 1345, §1 and Ordinance
1421, §5 are hereby amended as follows:
The format of the City Council agenda shall be as follows:
(1) Call to Order.
(2) Pledge of Allegiance.
(3) Roll Call.
(4) Special presentations on key agenda items.
(5)
Appointments and proclamations of the Mayor.
(6) Citizen's comments. To give audience a chance to comment on items not listed on the
agenda.
(7) Consent Agenda.
(A) Contains all consent agenda items approved by the Council president or
forwarded by unanimous committee action, and routine items such as, but not limited to:
(i) Approval of minutes.
(ii) Approval of vouchers.
(B) The following rules shall apply to the consent agenda:
(i) Any member of the City Council may, by request, have an item removed
from the consent agenda. That item will be forwarded under new business for further discussion.
(ii) The remaining items shall be approved by motion.
(8) Bid Awards. All competitive bid awards that require Council approval.
(9) Public Hearings.
(A) For public hearings required by City, State, or federal law or as Council may
direct, it shall include, but not be limited to:
(i) LID
(ii) Zoning
(iii) Budget
(iv) Revenue sharing
(v) Annexation
(B) The following procedures shall apply to public hearings, except public hearings
subject to TMC chapters 18.104 to 18.116, which shall be subject to the procedures specified
therein:
(i) The presiding officer may exercise a change in the procedures, but said
decision may be overruled by a majority vote of the City Council.
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(ii) The proponent spokesman shall speak first and be allowed 15 minutes.
Council may ask questions.
(iii) The opponent spokesman shall be allowed 15 minutes for presentation
and Council may ask questions.
(iv) Each side shall then be allowed five minutes for rebuttal.
(v) After the proponents and opponents have used their speaking time,
Council may ask further questions of the speakers, who may respond.
(C) At public hearings where a general audience is in attendance to present arguments
for or against a public issue:
(i) A person may speak for five minutes. No one may speak for a second
time until everyone wishing to speak has had an opportunity to speak.
(ii) After the speaker has used the allotted time, Council may ask questions of
the speaker and the speaker may respond, but may not engage in further debate.
(iii) The hearing will then be closed to public participation and open for
Councilmanic discussion.
(10) Old Business. This section of the agenda shall include items of a general nature, including
resolutions and ordinances previously discussed at a Council meeting. The following procedures
shall apply during this section of the agenda:
(A) The sponsor or a designated spokesman of each item will give a presentation.
(B) The Council may then question the sponsor or designated spokesman of the
presented item.
(C) A motion at this time will be in order:
(i) If a resolution or ordinance, the City Attorney or chairman may read the
item by title only, or if requested by any Councilmember, the document may be read in its
entirety. A motion by Council shall rule.
(ii) The Council, by motion, will dispense with the resolution or ordinance.
(iii) All other items will be dispensed with by Council motion.
(11) New Business. This section of the agenda shall include all items of a general nature,
including resolutions and ordinances previously discussed at a committee meeting and put
forward to the regular meeting and items that have been removed from the consent agenda. The
procedures that apply during this section shall be the same as those under old business.
(12) Reports. Reports on special interest items from the Mayor, City Council, staff, City
Attorney and intergovernmental representatives.
(13) Miscellaneous.
(14) Adjournment. Council meetings shall adjourn no later than 11:00 p.m. If Council desires
to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers
present. Items not acted upon by the 11:00 p.m. deadline shall be deferred to the next respective
Council meeting as old business unless Council, by a majority vote of members present,
determines otherwise.
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Section 2 Powers and Duties of Board of Adjustment Designated (TMC 2.76.070)
TMC 2.76.070 and Ordinance 871, §1, as amended by Ordinance 1593, §5 and Ordinance 1738,
§2 is hereby amended as follows:
The Board of Adjustment shall have the following powers and duties:
(1) Appeals: To conduct public hearings, issue decisions and hear and decide appeals as
specified in
official in thc administration or enforcement of the provisions of the Zoning Ordinance (Title 18
of this Code) or other land use regulatory ordinances as the City may adopt.
variances: To authorize upon appeal in specific cases such variances from the provisions
of the Zoning Ordinance (Titl
Special conditions, a literal enforcement of the provisions of such ordinance(s) would result in
upon uses of other properties in the vicinity and in the zone in which the property on behalf of
topography, location or surroundings of th subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the zone in which the subject
injurious to the property or improvements in the vicinity and in the zone in which the subject
property is situated, and
(E) The authorization of such variance will not adversely affect the implementation of the
Comprehensive Land Use Plan,
(F) That thc granting of such a variance is necessary for the preservation and enjoyment of a
issuance of a variance.
structures or buildings in thc same district, and no
other land use regulatory ordinances as the City may adopt. Violation of such conditions and
safeguard,
vielatien-of-this-sestion,
definition of the public interest by the City Council, and the spirit of this section will not be
not generally or by special exception permitted in
the zoning district involved, or any use expressly or by implication prohibited, by the terms of
this section in the z^ ng district. Therefore, under no circumstance shall tho Board of
7
zoning ordinance in thc district;
In -deci g- ny of the matters referred to above, the Board of Adjustment shall issue a written
Section 3 Board of Adjustment Action Final (TMC 2.76.080)
TMC 2.76.080 and Ordinance 871, §2 is hereby repealed:
The action of thc Board of Adjustment shall be final and conclusive unless, .within ten days from
the date of action, the original applicant or an adverse party makes application to the superior
court for a writ of certiorari, a writ of prohibition, or a writ of mandamus.
Section 4 Definitions (TMC 14.04.010)
TMC 14.04.010 and Ordinance 264§1 are hereby amended as follows:
"Department" "Supervisor", wherever used in this chapter, means the Department of Public
Works. City supervisor, and any act in this chapter required or authorized to be done by him,
may be done on his behalf by any authorized employee of the water department. Any references
to City supervisor in this Title shall be deemed to refer to the Department. "Person," wherever
used in this chapter, means and includes natural persons of either sex, associations, partnerships
and corporations, whether acting by themselves or by a servant, agent or employee; the singular
number includes the plural and the masculine pronoun includes the feminine.
Section 5 Application to Connect Required (TMC 14.04.020)
TMC 14.04.020 and Ordinance. 264 §2 are amended as follows:
Any person desiring to be connected with the City water supply system shall make application
therefor to the Department. City Clerk. Applications shall be made upon a printed form
.'hich application shall contain a description of the property where
property to be served or h
Section 6 Contents of Application (TMC 14.04.030)
TMC 14.04.030 and Ordinance 264, §3 are amended as follows:
In addition to the requirements for an application specified in TMC 18.104.060, an application
for a water service connection The application provided for in Section 1'1.04.020 shall contain a
contract on the part of the person making the same, to pay for the water applied for at the rate
and in the manner specified in such contract, and shall reserve to the City the right to charge and
to collect the rates and enforce the penalties provided for in this chapter, in the manner herein
provided, to change the rates at any time by ordinance, to temporarily discontinue the service at
any time without notice to the consumer, and shall specify that said contract is subject to all the
provisions of this chapter and of any ordinance of the City relating to the subject hereafter
passed, and shall provide that the City shall not be held responsible for any damage by water or
other cause resulting from defective plumbing or appliances in the property supplied with water,
installed by the owner or occupant of said property, and shall provide that in case the supply of
water shall be interrupted or fail by any reason, the City shall not be held liable for damages for
such interruption or failure, nor shall such interruptions or failures for any reasonable period of
time be held to constitute a breach of contract on the part of the City or in any way relieve the
consumer from performing the obligations of his contract.
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Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070)
TMC 14.12.070 and Ordinance 342, §5 as amended by Ordinance 578 (part) are amended as
follows:
In order to obtain the permit provided for in Section 14.12.060, the owner shall file an
application therefor with the Department pursuant to TMC 18.104.060, City supervisor stating
addition, or other legal description, the number of buildings on the premises, and the purposes for
which they arc or arc to be used, together with plans and specifications showing the whole course
of the drain from the public sanitary sewer to its connection with the building or premises, and all
branches, traps and fixtures to be connected therewith, which plans and specifications shall be
submitted to the Department City supervisor for approval, and he may change or modify the
same and designate the manner in which the connecting sanitary sewers shall be connected with
the building, the place where such connections with the public sanitary sewer shall be made, and
specify the material, size and grade of the connecting sanitary sewer, and shall endorse his
approval on such plans and specifications as originally prepared or as modified and changed. The
owner shall further provide an expressed written consent to the Department City supervisor to
enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval
of the plans and specifications, the Department City supervisor shall issue a permit to the owner
to construct that portion of sanitary side sewer within the owner's property, and shall also issue
a work order to the street department to install sanitary side sewer from sanitary sewer main to
property line; and it is unlawful for any person to alter the approved plans and specifications or
to do any other work than is provided for in the permit, or to repair, extend, remove or connect
to any private sanitary sewer without first obtaining a permit as provided in this chapter.
Section 8 Issuance of Temporary Permit (TMC 14.12.080)
TMC 14.12.080 and Ordinance 342, §6 are amended as follows:
In the discretion of the Department, City supervviser, a temporary permit may be issued
permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer.
The temporary permit shall be revocable upon 60 days' notice posted on the premises directed
to the owner or occupant of the premises, and in the event that the private sanitary sewers are
not disconnected at the expiration of the notice, the Department of Public Works City supervisor
may disconnect the same and collect the cost of the disconnection from the owner or occupant of
the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be
granted only on the condition that the permittee will save the City harmless from any damage by
reason of the issuance or revocation of the temporary permit.
Section 9 Permit to Construct, Extend or Repair Sanitary Sewer Inside Property (TMC
14.12.090)
TMC 14.12.090 and Ordinance 342, §7 are amended as follows:
(a) It is unlawful for any person to construct, extend, relay, repair or make connections to a
private or lateral sanitary sewer within the property line, without obtaining a permit therefor as
provided in this chapter and filing a scale drawing showing the location thereof, as provided in
Section 14.12.050.
(b) The Department City supervisor may issue the permit to the owner or occupant of any
property to construct, extend, relay, repair or make connections to a lateral or private sanitary
sewer inside of property line; provided that such owner or occupant shall comply with the
applicable provisions of this chapter.
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Section 10 Additional Work Permit (TMC 14.12.100)
TMC 14.12.100 and Ordinance 342, §8 are amended as follows:
When a permit has been issued for a private sanitary sewer or drain, as provided in this chapter,
no additional work shall be put in without the approval of the Department City supervisor, and a
new permit must be taken out covering all such additional work.
Section 11 The Flood Control Zone Permit Process General Provisions (TMC 16.52.050)
TMC 16.52.050 and Ordinance 1462, §2(part) as amended by Ordinance 1499, §9 are amended as
follows:
(a) GENERAL STANDARDS.
(1) In all areas of special flood hazards, the following standards are required:
(A) Construction Materials and Methods—
(i) All new construction and substantial improvements shall be
constructed with materials and utility materials resistant to flood damage.
(ii) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
(iii) Interior electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the components during
conditions of flooding.
(iv) All new construction and substantial improvements shall be
designed to minimize or eliminate infiltration of floodwaters into the system.
(B) Utilities
(i) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(ii) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems
into floodwaters; and
(iii) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(i)
minimize flood damage;
(C) Subdivision Proposals
All subdivision proposals shall be consistent with the need to
(ii) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood
damage;
(iii) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(iv) Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for all subdivision proposals.
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(D) Review of Building Permits Where elevation data is not available either through
the flood insurance study or from another authoritative source, applications for building permits
shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
The test of reasonableness is a local judgment and includes use of historical data, high -water
marks, photographs of past flooding, etc., where available. Failure to elevate to at least two feet
above grade in these zones may result in higher insurance rates.
(E) Anchoring
(i) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Floor
Hazard Areas" guidebook for additional techniques).
(2) In addition to the general standards applicable to all areas under subsection (a) (1) of
this section, in all areas adjacent to the Green River the following standards are required:
(A) Construction/Reconstruction of Dikes /Levees As part of the floodproofing for
developments adjacent to the Green River through Tukwila, construction or reconstruction of the
dike /levee system, in accordance with dike /levee plans and engineering studies, and in accordance
with the Green River Management Agreement (AG No. 85 -043), will be required as part of the
plan submittal. If dike /levee improvements are not required, and the natural riverbank is allowed
as bank protection, then a river bank stabilization analysis shall be provided to the Public Works
Department for review as part of the plan submittal.
(B) Dedication of levee /dike /riverbank access construction and maintenance easements
on all properties adjacent to the Green River shall, as part of their development, dedicate
construction and maintenance easements for access and maintenance of existing or future
dikes /levees /riverbanks along the Green River as part of their plan submittal. These easements
shall be provided in such a manner so that immediate access is allowed from other public rights
of -way for maintenance and construction of dikes /levees.
(b) SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Sections 16.52.050 or 16.52.070, the following provisions
are required:
(1) Residential Construction
(A) New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated to a minimum of one foot above the level base
flood elevation.
(B) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designated to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or a licensed architect, or must meet
or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed areas subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters.
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(2) Nonresidential Construction New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to a minimum of one foot above the level of the base flood elevation;
or, together with attendant utility and sanitary facilities, shall:
(A) Be floodproofed so that the structure is watertight one foot above the base flood
level, with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or licensed architect that the
design and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the structural
design, specifications and plans. Such certification shall be provided to the official as set forth in
Section 16.52.050 (i) (5)(C) (ii);
(D) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (b) (1) (B) of this section;
(E) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building constructed to the base flood level will be rated as one foot below that level).
(3) Critical Facility Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the base floodplain. Construction of new critical facilities
shall be permissible within the base floodplain if no feasible alternative site is available. Critical
facilities constructed within the base floodplain shall have the lowest floor elevated to three feet
or more above the level of the base flood elevation at the site. Floodproofing and sealing
measures must be taken to ensure that toxic substances will not be displaced by or released into
flood waters. Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
(4) Manufactured Homes For land use conditions where new manufactured homes
(mobile homes shall be considered as one classification of manufactured homes) are allowed
within the City or for replacement/rehabilitation purposes, the following shall apply: All
manufactured homes to be placed or substantially improved within zones A1-30, AH and AE on
the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is one foot or more above the base flood elevation; and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
subsection (a) (1) (E) (ii) of this section. This paragraph applies to manufactured homes to be
placed or substantially improved in an expansion to an existing manufactured home park or
subdivision. This paragraph does not apply to manufactured homes to be placed or substantially
improved in an existing manufactured home park or subdivision, except where the repair,
reconstruction, or improvement of the streets, utilities and pad equals or exceeds 50% of the
value of the streets, utilities and pads before the repair, reconstruction or improvement has
commenced.
(c) FLOODWAYS.
(1) Located within areas of special flood hazard established in Section 16.52.050 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the following
provisions apply:
(A) Prohibit encroachment, including fill, new construction, substantial improvements
and other developments, unless certification by a registered professional engineer or licensed
architect is provided demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge;
12
(B) If subsection (c)(1)(A) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction provisions of
this section.
(2) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
(A) Repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and
(B) Repairs, reconstruction or improvements to a structure the cost of which does not
exceed 50% of the market value of the structure either:
(ii) If the structure has been damaged, and is bemg restored, before the damage
occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to
structures identified as historic places shall not be included in the 50% determination.
(d) ENCROACHMENTS.
(i) Before the repair, reconstruction, or repair is started, or
(1) The cumulative effect of any proposed development, when combined with all other
existing and anticipated development, shall not increase the water surface elevation of the base
flood more than 2 /10ths of a foot at any point along the river course.
(2) Flood Control Zone Permits and Licenses Approvals. A flood control zone
permit application shall be filed for all developments at the time of filing the building permit
and/or shoreline permit, whichever is first. Such permit shall be a Type 1 permit processed
pursuant to TMC 18.108.010. No permit or license for structures or the development or use of
land shall be issued by the City within a flood hazard area unless a flood control zone permit has
been issued by the City. Such approval shall be based on a review of the provisions set forth in
this chapter and the technical fmdings and recommendations of the appropriate City
departments. Compliance with the provisions of this chapter does not obviate the need to obtain
other permits which may be required pursuant to State or federal law including approvals
required from the Washington State Department of Social and Health Services and/or Ecology
relating to water and/or sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow or impairment.
(3) The Director or designee shall, within the time periods required by TMC
18.104.130, a reasonable time, after other required agency reviews are completed, indicate
approval or disapproval of the requested flood control zone permit, with copies to appropriate
agencies, including DOE.
(4) Whenever any alteration or relocation of any watercourse is proposed, the
Department of Public Works shall notify adjacent communities prior to such relocation or
alteration and submit such notifications to the Federal Emergency Management Agency.
Section 12 Permits Authority (TMC 16.54.090)
TMC 16.54.090 and Ordinance 1591, §2.3 are amended as follows:
Applications for permits pursuant to this chapter shall be submitted to the Department of Public
Works and shall be processed as a Type 1 permit pursuant to TMC 18.108.010. The Director of
applications is the responsible administrative officer of this chapter, and his/her authority
includes the establishment of The Director of the Public Works Department shall have the
authority to adopt regulations and procedures to carry out the intent of this chapter.
13
Section 13 Permits Application (TMC 16.54.100)
TMC 16.54.100 and Ordinance 1591, 2.4 are amended as follows:
The application for a land altering permit shall be submitted on a form prescribed by the Director
of the Department of Public Works and shall include, in addition to the information required by
TMC 18.104.060, the following: the standard utility permit application form provided by the
Public Works Department. The permit may also include the following:
(1) Site map and land altering plan;
(2) Interim erosion and sediment control plan;
(3) Final erosion and sediment control plan;
(4) Maintenance schedules and agreements;
(5) Maintenance responsibility;
(6) Work schedule and construction cost estimates for each element in the required
plans;
(10)
op
Soils engineering report;
Performance bond or other acceptable security;
Any supplemental materials or conditions required by the Public Works Director.
Section 14 Permit Issuance (TMC 16.54.120)
TMC 16.54.120 and Ordinance 1591, §2.6 are amended as follows:
(a) Permits are not transferable without the approval of the Public Works Director.
(b) A permit shall not be issued for land altering activities associated with building or
development that is not consistent with the guidelines set out in the Comprehensive Land Use
Plan and Shoreline Master Program (on file in the Department of Community Development), or
not allowed by existing zoning, building, special exception, variance, or other codes or regulations
applicable to the site. However, if a developer elects to apply for and obtain a land altering
permit prior to obtaining a building permit and/or completing all land use review and approval
processes, and they achieve compliance with such approvals through the land altering plan prior
to issuance of the land altering permit, the developer shall assume full liability for land- altering
activities conducted pursuant to the land altering permit and shall save and hold harmless the
City from any claims for damages or other judgments in law or in equity arising out of later
fmdings regarding the placement of fill materials or the inability to utilize the site as prepared
through grade and fill operations.
(c) The Public Works Director may waive the requirement for any or all plans or
specifications upon finding that the information on the application is sufficient to demonstrate
that the proposed work will conform to the requirements of this chapter and other laws and
ordinances; provided, that a waiver of the requirement for detailed plans and specifications shall
not be construed as waiving any other requirements of this or related regulations, and the
applicant remains bound by all conditions of the application.
Permit processing /timing
(11
accompanying information), the Public Works Director shall review tho application to determine-
14
if thc requirements of this chapter are met. The Public Works Director may request comments
If the requirements of this chapter are met, the Public Works Dircctor shall approve
(3 If the requirements arc not met, the Public Works Dircctor shall inform the
21 days of the receipt of any resubmittal, the Public Works Director shall again determine if the
plan mccts the requirements of this chapter and shall either approve or disapprove said
If the plan is disapproved, the Public Works Director shall inform thc applicant in
Upon review and approval of all required plans,
Section 15 Variances (TMC 16.54.290)
TMC 16.54.290 and Ordinance 1591, §6.4 are amended as follows:
The City may grant a written variance from any requirements of this chapter if there are
exceptional circumstances applicable to the site such that strict adherence to these provisions will
result in unnecessary hardship and not fulfill the intent of this chapter. A written request stating
the specific variances sought and the reasons supporting the approval of such variances shall be
provided to the Department of Public Works. Variance application shall be processed as Type 3
decisions and processed pursuant to TMC 18.108.030. Publie--Wer-ks-Direeter. The Public
make the final detcrminati
Section 16 Administering Authority (TMC 17.04.060)
TMC 17.04.060 and Ordinance 1014(part) are amended as follows:
City Council.
Section 17 Review Procedures (TMC 17.08.060)
15
The Planning
(a) Department of Community Development
Division of the Department Office of Community Development is responsible for the
administration and coordination of this title.
0b3 t The Planning Commission shall hold a public hearing on all
preliminary plats to make rccommcndations thereon to the City Council. The Planning
(e} City Council: The Tukwila City Council shall have sole authority to approve all
preliminary and final plats.
(4). Short Subdivision Committee: The Short Subdivision Committee shall have sole authority
to approve all short plats and boundary line adjustments. Short plats and boundary line
adjustments shall be processed as Type 2 decisions pursuant to TMC 18.108.020.
TMC 17.08.060 and Ordinance 1014(part) as amended by Ordinance 1599, §6(3) are amended as
follows:
(a) REFERRAL TO OTHER DEPARTMENTS: Upon receipt of an application for a short
subdivision or boundary line adiustment, the Planning Division of the Department of Community
Development shall transmit one copy of the application to each member of the Short Subdivision
Committee, and one copy to any department or agency deemed necessary. The application shall
(b) NOTICE TO ADJACENT PROPERTY OWNER":: If a planned residential development
(PRD) is being processed as part of the short plat application per Section 17.08.010(b), notice
shall be mailed to all property owners within 300 feet, 15 days prior to the Short Subdivision
(e SHORT SUBDIVISION COMMITTEE: The Short Subdivision Committee shall consist
of the Director of the Department Office of Community Development who shall be chairman, the
Public Works Director, and the Fire Chief, or their designated representatives.
(d) SUBDIVISION COMMITTEE DECISION MEETING: A meeting of the g
Subdivision Committee, attended by the applicant at his option, shall be held no later than 20
calendar days from receipt o
Quorum A majority of the All members of
thcir representative must be present in order for action to be taken.
O .'fiction The Short Subdivision Committee may approve, approve with
modifications, or deny the application for a short subdivision or boundary line adjustment
pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long
as the Department of Community Development obtains the recommendations and consent of the
other members of the Committee before issuing a decision. The decision of the Short Subdivision
s. An additional meeting may be called if a decision is not reached at the
first meeting. The second meeting should be no later than seven days after the first meeting. An
ubdivision Committee has
taken action reopened by the committee if it is found by the Director of the Office of
'1ppcal The decision of the Short Subdivision Committee shall be final, unless an
Commission shall act on the appc. ass
writing, by the applicant. the decision of the Planning Commission shall be fmal and
encbis ve un1 sc, within ten calendar days, any aggrieved party files with the City Clerk a
il. The City Council shall act on the appeal within 20
days of the date of appeal.
Section 18 Preliminary Plat Procedures (TMC 17.12.030)
TMC 17.12.030 and Ordinance 1014 (part) as amended by Ordinance 1576, §2 and Ordinance
1599, §6(4) are amended as follows:
Applications for preliminary plat approval shall be processed as Type 5 decision subject to the
provisions of TMC 18.108.050.
(a) APPLICATION:
(1) Application for a preliminary plat shall be filed with the Department of
Community Development on forms prescribed by that office. A complete
application must be filed at least 30 cal
e considered.
16
The Planning
(3) At least five copies of the preliminary plat shall be submitted, which shall be
prepared by a land surveyor.
(4) Fifteen copies of the preliminary plat, photographically reduced to 8 -1/2 inches
by 11 inches or 8 -1/2 inches by 14 inches, shall accompany the application.
(5; A list of the names and addresses of all owners of record of property within 300
guidelines established under the State Environmental Policy Act of 1971, as amended; Title 21 of
this codc, as amended; and the sensitive areas overlay district, as amended in Chapter 18.45 of
this code, as may be amcndcd ther after S
surveyor;
numbers;
(b) PRELIMINARY PLAT REQUIREMENTS: The following shall be part of the preliminary
plat:
(1) Vicinity Map Adequate to readily identify the location of the plat in relation to
its surrounding vicinity.
(2) Preliminary Plat The preliminary plat shall include all of the following:
(A) The subdivision name and number, and the name and address of the land
(B) The date of preparation, the true north point, a graphic scale and legal
description of the property proposed for subdivision. Plats shall be drawn to an appropriate
engineering (decimal) scale;
(C) All existing conditions shall be delineated. The location, width and names
of all existing or prior platted streets or other public open spaces, permanent buildings and
structures, and section and municipal corporation lines within or adjacent to the property
proposed for subdivision shall be shown. In the case of a resubdivision, the lots, blocks, streets,
alleys, easements and parks of the original subdivision being vacated, shall be shown by dotted
lines in their proper position in relation to the new arrangement of the subdivision, the new
subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and
water lines, culverts or other underground facilities within the property proposed for
subdivision, indicating pipe sizes, grades and exact location as obtained from public records, shall
be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be
indicated by dotted lines for a distance of 300 feet from the external boundary of the property
proposed for subdivision and shall include the existing land use classification;
(D) A survey of existing trees and vegetation with a retention/removal plan
which assures the preservation of significant trees and vegetation;
(E) Existing contours (solid) and proposed contours (dotted) at intervals of
five feet or less and referenced to the United States Coast and Geodetic Survey (USC GS)
datum. All contour lines shall be extended at least 100 feet beyond the external boundaries of the
property proposed for subdivision;
(F) The names, locations, widths, and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations, and utilities, together with the
purpose and any conditions or limitations of such reservations clearly indicated;
(G) Clearly indicate the source of water supply, method of sewage disposal,
and manner of surface runoff control;
(H) Indicate the approximate dimensions of each lot and all lot and block
17
(I) Indicate the acreage of land to be subdivided, the number of lots and the
area of the smallest lot.
(c) REFERRAL TO OTHER OFFICES: Upon receipt of a complete and satisfactory
preliminary plat application, the Department of Community Development
shall transmit a Notice of Application and one copy of the preliminary plat to each of the
following offices: Public Works, Building Division, Fire Department, Police Department, King
County Health Department, the appropriate school district, and each public utility agency
serving the area in which the property proposed for subdivision is located. Each office or agency
may file recommendations with the Planning Division within 30 calendar days from date of
(d) PLANNING DIVISION ACTION
(1) The Department of Community Development Planning Division may determine
that a meeting be conducted to resolve major issues identified as a result of departmental
recommendations. Such meeting shall be attended by those offices or agencies responsible for the
recommendations, and must include the applicant and the Department of Community
Development The proceedings and results of the meeting shall be
documented.
The Planning Division shall assemble and transmit to the Planning Commission all
pertinent information and a recommendation prior to the public hearing A copy of this report
(e) PLANNING COMMISSION PUBLIC HEARING: The Planning Commission shall
sew ring on any preliminary plat not less than 30 nor more than 60 calendar days
from the date of receipt of a complete preliminary plat application.
NOTICE OF PUB
at least ten calendar days prior to the public h wring date.
f
least ten calendar da
(a'
Division shall give notice of the time,
One notice shall be mailed to ach owner of property within 300 feet of the
In the event a preliminary plat is located within 1,000 feet of the Tukwila
PLANNING COMMISSION ACTION.:
18
o the agency of governmental jurisdiction bcyond
tho City Council approve, conditionally approve, or disapprove the preliminary plat. The
lanning Commission, and the applicant shall be
CITY COUNCIL ACTION:
(1) Upon receipt of a Planning Commission recommendation, thc City Council shall, at
onsidcr the Commission's recommendation with respect to the
general and specific requirements of the subdivision code.
(2) In the event thc Council deems necessary a change in thc Commission's
Council. Such hearing shall be given public notice and conducted in the manner prescribed for tho
Lel (3) Approval of a preliminary plat shall constitute approval for the applicant to
develop construction plans and specifications for all facilities and improvements, as required, in
strict conformance to the approved preliminary plat, design standards, and any special conditions
required by the City Council, and to prepare a final plat.
ILO-) EXPIRATION OF ?RELIMINARY PLAT: Approval of any preliminary plat shall expire
and become null and void five years one year from date of such preliminary plat approval. The
City Council may grant one extension of the preliminary plat approval for a period not to exceed
one year.
Section 19 Final Plat Procedures (TMC 17.12.040)
TMC 17.12.040 and Ordinance 1014 (part) as amended by Ordinance 1576 are amended as
follows:
(a) APPLICATION:
(1) Application for final plat shall be filed with the Department of Community
Development on forms prescribed by that office.
(2; The application shall be accompanied by a fee of $400.00 plus $25.00 for each lot.
(3) The application shall include at least five copies and the reproducible original of
the final plat and shall be prepared by a land surveyor in strict conformance with the preliminary
plat approval.
(b) FINAL PLAT REQUIREMENTS:
(1)
General
(A) The fmal plat, containing all the information specified in this section,
should be drawn in a neat and legible manner to a scale of 1 inch representing 100 feet unless
otherwise approved by the Department of Community Development and
shall be drawn in black drawing ink on 18 -inch by 22 -inch sheets of high grade polyester drafting
film.
(B) All documents, maps, survey calculations, and notes shall contain the
name of the subdivision, the name of the subdivider, and the name of the land surveyor
responsible to the subdivider.
(2) Specific
(A) The final plat shall clearly depict the following information:
(i)
Date, title, name and location of the subdivision, graphic scale,
datum plane, and true north point;
(ii) The lines and names of all streets or other public ways, parks,
playgrounds, easements, reservations, and any area to be dedicated to public use, with notes
stating their purpose and any limitations;
19
(iii) The lines and names of all existing or platted streets or other public
ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication,
including municipal boundaries, township lines, and section lines;
(iv) All dimensions along the lines of each lot, with the true bearings
and sufficient data necessary to readily determine and reproduce on the ground the location,
bearing, and length of every street line, easement line, lot line, block line, and the boundary of the
subdivided tract;
(v) The lengths and bearings of all straight lines, curve radii, arcs, and
semi tangents of all curves;
Lambert coordinates;
tract.
(vi) The location of all permanent control monuments based on
(vii) Suitable primary control points, approved by the Public Works
Department, or descriptions and ties to such control points, to which all dimensions, angles,
bearings and similar data given on the plat shall be referred;
(viii) The elevations of all corners on the boundaries of the subdivided
(ix) A vicinity map of a scale not more than 400 feet to 1 inch and
which is sufficient to readily identify the location of the subdivided tract.
(B) All dimensions shall be given in feet and decimals of a foot to the nearest
1 /100th. All angles and bearings shall be accurately measured in degrees, minutes, and seconds.
(C) The final plat shall be accompanied by an approved printed computer plat
closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries.
Allowable error of closure shall not exceed 1 foot in 5,000 feet.
(D) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of
the previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
(E) The final plat shall be accompanied by other streets showing all utility
grades, contours at two foot intervals, and the plat shall be based on USC GS datum.
(F) The final plat shall be accompanied by the plans and profiles of all street
center lines, sanitary sewers, storm sewers and water lines, to the vertical scale of four feet to the
inch and horizontal scale of 40 feet to the inch, on City profile drafting film provided by the
Department of Public Works.
be subdivided.
(G) The final plat shall also contain a complete legal description of the land to
(3) Dedications /certifications In addition to other requirements specified in this
section, the final plat shall contain or be accompanied by the following:
(A) Dedication of all streets, rights -of -way, parks, playgrounds, easements,
reservations, and any area to be dedicated to public use, together with any restrictions or
limitations thereon;
(B) Certification by the land surveyor that a survey has been made and all
required monuments and stakes have been properly set;
(C) Certification by the responsible agencies that the methods of sewage
disposal and water service are acceptable;
20
(D) Certification by the King County Finance Department that taxes have been
paid in accordance with RCW 58.08.030 and 58.08.040, and that a deposit has been made with
the King County Finance Department in sufficient amount to pay the taxes for the following
year;
(E) Certification by the City Treasurer (Finance Director) that there are no
delinquent special assessments, and that all special assessments certified to the City Treasurer
(Finance Director) for collection on any property herein contained and dedicated for streets,
alleys or other public uses are paid in full;
chairman and secretary thereof;
gj {-G} Certification of approval by the Public Works Department, to be
signed by the Director thereof;
LGj (11) Certification of approval by the Department Office of Community
Development, to be signed by the director thereof;
LEL (I) The applicant shall furnish the City a plat certificate from a title
insurance company documenting the ownership and title of all interested parties in the plat,
subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45
calendar days prior to the date of City Council approval of the final plat.
(c) INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS:
(1) Required improvements Every subdivider may be required to grade and pave
streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers,
water mains, street lights and name signs, together with all appurtenances thereto in accordance
with specifications and standards of this code, approved by the Public Works Department, and
in accordance with other standards of the City.
(2) Supervision and inspection A licensed engineer or engineering firm, unless found
to be unacceptable to the Depattinent of Public Works, shall be responsible for the supervision
and inspection of all subdivision improvements. All improvements shall be certified in writing as
completed in accordance with plans and specifications as approved by the Department of Public
Works.
(3) Permits Prior to proceeding with any subdivision improvements, the subdivider
shall obtain those permits from the City as are necessary. The subdivider is also responsible for
complying with all applicable permit requirements of other federal, State and local agencies.
(4) Deferred improvements A final plat shall not be approved by the City Council
until all required improvements are constructed in a satisfactory manner and approved by the
responsible City departments or sufficient bond has been satisfactorily posted in lieu of
completion.
(A) In the event a subdivider wishes to defer certain on -site improvements,
written notice shall be made to the Department of Community Development Planning Division.
The subdivider shall furnish a performance bond to the City to an amount equal to 150% of the
estimated cost of the deferred improvements. The decision of the Director of Public Works,
regarding the amount of the performance bond, shall be final and conclusive.
(B) Time Limit. Such bond, to be filed with and held by the City Clerk, shall
list the exact work that shall be performed by the applicant, and shall specify that all of the
deferred improvements be completed within one year from the date of approval of the final plat
by the City Council. Extensions of this time period may be authorized by the Director of Public
Works. In the event an extension is authorized, the bond shall be revised to reflect the new
completion date.
21
(C) Check in Lieu of Bond. The subdivider may substitute a certified or
cashier's check, assignment of funds or any other method of security acceptable to the City
Council in lieu of a performance bond. Such substitution shall be made payable to the City
Treasurer (Finance Director), and shall be in the same amount and carry with it the same
restrictions as the bond for which it is substituting.
(D) Proceed Against Bond or Other Security. The City reserves the right, in
addition to all other remedies available to it by law, to proceed against such bond or other
security in lieu thereof.
(E) Binding Upon Applicant. The requirement of the posting of any
performance bond or other security shall be binding upon the subdivider, his heirs, successors
and assigns.
(F) Notification to Department of Community Development Planning
Division. The Director of Public Works shall notify the Department of Community
Development in writing of the following: the improvements deferred, amount
of bond or other security and time limit of such, and any other pertinent information.
(5) Certificate of completion The Director of Public Works shall inform the
Department of Community Development Planning Division in writing verifying that the
subdivider has completed the required installations and/or bonding in accordance with the
provisions of this code and the specifications and standards of the departments.
(d) FINAL PLAT REVIEW PROCEDURES:
(1) Referral to other departments and agencies The Department of Community
Development shall distribute the final plat to all departments and agencies
receiving the preliminary plat, and to any other departments, special purpose districts and other
governmental agencies deemed necessary.
(2) Departmental approval Within 15 calendar days of receipt of the fmal plat, the
Public Works Department shall review the final plat and submit to the Department of
Community Development Planning Division a written report with respect to the following
considerations:
of approval;
(A) That the proposed final plat bears the required certificates and statements
(B) That a title insurance report furnished by the subdivider confirms the title
of the land, and the proposed subdivision is vested in the name of the owner whose signature
appears on the plat certificate;
(C) That the facilities and improvements required to be provided by the
subdivider have been completed or, alternatively, that the subdivider has submitted with the
proposed final plat a performance bond or other security in conformance with Section 17.12.040,
subsection (4);
(D) That the plat is technically correct and accurate as certified by the land
surveyor responsible for the plat.
(3) Submission to City Council The Department of
Community Development upon receipt of the Public Works Department
report and any other pertinent written comments, shall forward the proposed fmal plat and
written recommendation thereon to the Planning Commission within 30 calendar days from the
date of filing of the proposed final plat. The Planning Commission shall review the final plat to
insure conformance to the preliminary plat approva
to the City Council within forty-five calendar days from the date of
filing of the proposed final plat.
22
(4) City Council action The City Council shall, within 90 calendar days from the
oposcd final plat, approve or disapprove the proposed final plat unless the
su bdivider consents to an extension of such time period. If the Council finds that the proposed
plat makes appropriate provisions for the public health, safety, general welfare, and for such
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers,
parks, playgrounds, sites for schools and school grounds, and that the public use and interest will
be served by the platting of such subdivision, then it shall be approved. If the Council finds that
the proposed plat does not make such appropriate provisions or that the public use and interest
will not be served, then the Council may disapprove the proposed subdivision.
(5) Filing final plat Before the final plat is submitted to the City Council, it shall be
signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of
the Department Office of Community Development. Upon approval by the City Council, it
shall be signed by the Mayor and attested by the City Clerk. The fmal plat shall be filed with
the Department of Records and Elections by the City.
(6) Extension of the final plat approval date Final approval by the City Council of a
portion of the fmal plat will constitute an automatic extension of one year from said approval
date for the remainder of the fmal plat. Additional extensions of six months may be granted by
the City Council.
Section 20 Application Requirements (TMC 17.16.030)
TMC 17.16.030 and Ordinance 1014 (part) as amended by Ordinance 1576, §4 are amended as
follows:
(a) Application for binding site improvement plan shall be made with the Planning Division
e€ the Department Office of Community Development on forms prescribed by that office. Said
application shall be accompanied by ten copies of the site improvement plan and one
reproducible photographic reduction measuring on 8 -1/2 inches by 11 inches or 8 -1/2 inches by
14 inches.
(b) The site improvement plan shall conform to the following requirements:
(1) The plan shall be a neat and accurate drawing by a land surveyor on reproducible
material at a decimal scale.
(2) The plan shall identify the location and dimensions of all existing and proposed
streets, roads, improvements, utilities, and open spaces.
(3) The plan shall bear all inscriptions setting forth such appropriate limitations and
conditions for the use of the land.
(c) The application for a binding site improvement plan shall be accompanied by a
nonrefundable fee of $200.00.
guidelines established under the State Environmental Policy Act of 1971, as amended, and Title
Said information is a part of and must accompany
Section 21 Appeal Procedure (TMC 17.16.090)
TMC 17.16.090 and Ordinance 1014 (part) are hereby repealed:
23
'ZS
e
ing Commission within ten calendar days of the date of decision of the
asc an extension thereto is agreed to, in—wfitinrte
ten calendar days, any aggrieved party files with the City Clerk a written app al addressed to the
City Council. The City Council shall act on said app al within 20 days of the date of appeal.
Section 22 Exceptions (TMC 17.32.010)
TMC 17.32.010 and Ordinance 1014(part) are amended as follows:
(a) EXCEPTION CRITERIA: Exceptions from the requirements of this code may be granted
when undue hardship may be created as a result of strict compliance with the provisions of this
code. Any authorization for exception may prescribe conditions deemed necessary or desirable
for the public interest. An exception shall not be granted unless:
(1) There are special physical circumstances or conditions affecting said property,
such that the strict application of the provisions of this code would deprive the applicant of the
reasonable use or development of his land; and
(2) The exception is necessary to insure such property rights and privileges as are
enjoyed by other properties in the vicinity and under similar circumstances; and
(3) The granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
(b) PROCEDURES: An application for any exception from this code shall be submitted in
writing by the subdivider, as part of and shall accompany the application for short subdivision,
binding site improvement plan, or preliminary plat. Such application shall fully state all
substantiating facts and evidence pertinent to the request.
(1) Short subdivision A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdivision Committee in conjunction with review of
the short subdivision or binding site improvement plan application. The decision of the Short
Subdivision Committee shall be final and conclusive unless appealed in accordance with the
appeal procedure for Type 2 decisions set forth in TMC 18.108.020. established in Scction
17.08.060(a) (3) of this code.
(2) Preliminary plat A preliminary plat exception shall be considered by the City
Council at the same time the public hearing is conducted for the
preliminary plat.
to the City Council a specific recommendation with respect to the cxcep
24
The City Council shall, in conjun
Commission's preliminary plat rec
recommendation with respect to the exception application. The decision of the City Council
shall be final and conclusive.
Section 23 Rules of Interpretation (TMC 18.08.040)
TMC 18.08.040 and Ordinance 1758, §1(part) are amended as follows:
When uncertainty exists as to the boundaries of any use district shown on the official zoning
map, the following rules of interpretation shall apply:
(1) Where district boundaries are indicated as approximately following the centerline of
streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be
the boundary;
(2) Where district boundaries are indicated as running approximately parallel to the
centerline of a street, the boundary line shall be construed to be parallel to the centerline of the
street;
(3) Where district boundaries are indicated on such map as approximately following the
lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use
district;
(4) Where a district boundary on the official zoning map divides a tract in unsubdivided
property, the location of the use district boundary, unless the same is indicated by dimensions
thereon, shall be determined by use of the scale appearing on the official zoning map;
(5)
Unmapped shorelands shall be considered to be within the same land use district as
the adjacent upland as shown on the official zoning map;
(6) Where a public street or alley is officially vacated or abandoned, the regulations
applicable to the abutting property to which the vacated portion reverts shall apply to such
vacated or abandoned street or alley;
(7) Where a district boundary line divides a lot which was in single ownership at the
time of passage of this title, the Board of Adjustment may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district
line into the remaining portion of the lot;
(8) In case uncertainty exists which cannot be determined by application of the foregoing
rules, the Board of Adjustment shall determine the location of such use district boundaries.
Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC
18.108.030.
Section 24 Appeals (TMC 18.44.170)
TMC 18.44.170 and Ordinance 1758 (part) are amended as follows:
Appeals of any decision of the Department regarding granting or denial on shoreline substantial
development permits and any decision of the Board of Adiustment regarding a shoreline variance
may be appealed to the Shorelines Hearings Board pursuant to RCW ch. 90.58. pursuant to the
Section 25 Exceptions (TMC 18.45.115)
TMC 18.45.115 and Ordinance 1758, §1(part) are amended as follows:
(a) General. With the approval of the Director, isolated wetlands that are 1,000 square feet
or smaller in area, and which are low in value according to the rating methodology used in the
City's Water Resource Rating and Buffer Study, may not require the compensatory mitigation
standards of this chapter.
(b) Piping. Piping will be allowed in Type 1 and Type 2 watercourses only where relocation
or alteration of a watercourse is denied and would result in denial of all reasonable use.
(c) Reasonable Use Exceptions.
(1) If application of this chapter would deny all reasonable use of the property
containing wetlands, watercourses or their buffers, the property owner or the proponent of a
development proposal may apply for a reasonable use exception.
(2) Applications for a reasonable use exception shall be a Type 4 decision and shall be
processed pursuant to Section 307. The application for a reasonable use exception shall be in a
H ring chapter of this title.
25
(3) If the applicant demonstrates to the satisfaction of the Planning Commission that
application of the provisions of this chapter would deny all reasonable use of the property,
development may be allowed which is consistent with the general purposes of this chapter and
the public interest.
(4) The Commission, in granting approval of the reasonable use exception, must
determine that:
possible;
(A) No reasonable use with less impact on the sensitive area and its buffer is
(B) There is no feasible on -site alternative to the proposed activities, including
reduction in size or density, phasing of project implementation, change in timing activities,
revision of road and lot layout, and/or related site planning activities that would allow a
reasonable economic use with fewer adverse impacts to the sensitive area and its buffer;
(C) As a result of the proposed development there will be no increased or
unreasonable threat of damage to off -site public or private property and no threat to the public
health, safety or welfare on or off the development proposal site;
(D) Alterations permitted shall be the mmimum necessary to allow for
reasonable use of the property;
(E) The proposed development is compatible in design, scale and use with
other developments with similar site constraints in the immediate vicinity of the subject
property;
(F) Disturbance of sensitive areas has been minimized by locating the
necessary alterations in the buffers to the greatest extent possible;
(G) The inability to derive reasonable use of the property is not the result of
actions by the applicant in segregating or dividing the property and creating the undevelopable
condition after the effective date of the ordinance from which this chapter derives; and
(H) Any approved alteration of a sensitive area under this section shall be
subject to conditions as established by this chapter and will require mitigation under an approved
mitigation plan. Approval of a reasonable use exception shall not eliminate the need for any
other permit or approval otherwise required for a project, including but not limited to design
review. If a development is approved as a r asonablc use, the Board of Architectural Review's
procca review and standards shall be applied.
Section 26 Appeals (TMC 18.45.125)
TMC 18.45.115 and Ordinance 1758, §1(part) are amended as follows:
(a) Any aggrieved party who objects to or disagrees with DCD decisions or conditions for
development in a sensitive area shall appeal to the Planning Commission. Any such appeal shall
be a Type 2 decision and shall be processed pursuant to TMC 18.108.020. made-in-writing
basis for the appeal.
(b) In considering appeals of decisions or conditions, the following shall be considered:
(1) The intent and purposes of the sensitive areas ordinance from which this chapter
derives;
(2) Technical information and reports considered by the DCD; and
(3) Findings of the Director which shall be given substantial weight.
26
Section 27 Multi- Family Density Standards (TMC 18.46.070)
TMC 18.46.070 and Ordinance 1758, §1 (part) are amended as follows:
In multiple family residential districts, the Planning Commission may recommend and the City
Council may authorize a dwelling -unit density not more than 20% greater than permitted by the
underlying zones, after entry of findings that the following are substantially provided:
(1) A variety of housing types is offered.
(2) At least 15% of the natural vegetation is retained (in cases where significant stands
exist).
(3) Advantage is taken or enhancement is achieved of unusual or significant site
features such as views, watercourses, wetlands or other natural characteristics.
(4) Separation of auto and pedestrian movement is provided, especially in or near
areas of recreation.
(5) Developmental aspects of the PRD complement the land use policies of the
Comprehensive Plan.
Section 28 Pre application Procedure (TMC 18.46.100)
TMC 18.46.100 and Ordinance 1758, §1(part) is repealed:
A prc application conference between representatives of the City and the potential applicant for
sh all be set by tho DCD at the written request of the potential applicant. All affected City
The purpose of the prc application
conference is to acquaint the applicant with the provisions of this section as well as other
Section 29 Application Procedure Required for PRD Approval (TMC 18.46.110)
TMC 18.46.110 and Ordinance 1758, 1(part) are amended as follows:
(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;
(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;
27
(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.
review by City departments. This review shall be completed within a reasonable period of time.
(c--) Planning Commission Recommendation. Following the public hearing, thc Planning
Commission shall make a report of its findings and recommendations with respect to tho
proposed PRD and thc criteria of this chaptcr, and forward the report to the City Council.
0214 City Council Public Hearing.
(1) PRD's shall be processed as Type 5 decisions, pursuant to TMC 18.108.050.
After-r-eseipt of the Planning Commission report, the City Council shall hold a public hcaring on
:ng Commission. The City Council shall give
approval, approval with modifications, or disapproval to the proposed PRD.
(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 30 Review Criteria (TMC 18.46.112)
TMC 18.46.112 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall find that the proposed development plans meet
(3)
all of the following criteria in their decision making
(1) Requirements of the subdivision code for the proposed development have been met,
if appropriate;
(2) Reasons for density increases, or lot size and setback reductions, meet the criteria as
listed in the Planned Residential Development District chapter of this title;
Adverse environmental impacts have been mitigated;
(4) Compliance of the proposed PRD to the provisions of this chapter and the
Sensitive Areas Overlay District chapter of this title;
(5) Time limitations, if any, for the entire development and specified stages have been
documented in the application;
(6) Development in accordance with the Comprehensive Land Use Policy Plan and
other relevant plans;
(7) Compliance with design review the Board of Architectural Review guidelines (s
ch. 18.60 the Board of Architectural Review chapter of this title); and
(8) Appropriate retention and preservation of existing trees and vegetation recommended by
the Director.
28
Section 31 Expiration of Time Limits (TMC 18.46.140)
TMC 18.46.140 and Ordinance 1758, §1(part) are amended as follows:
Construction of improvements in the PRD shall begin within twelve months from the date of the
filing of the fmal PRD plan by the City Clerk as provided m the Planned Residential
Development District chapter of this title. 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 18 months from the date of filing of PRD plans by the City Clerk, the
PRD zoning suffix shall be dropped from the official zoning map and the zoning shall revert to
the underlying designation.
Section 32 Permit Processing and Duration (TMC 18.54.150)
TMC 18.54.150 and Ordinance 1758, 1(part) are amended as follows:
(a) If the proposed vegetation clearing and permit application meet the requirements of this
chapter and other applicable City standards, including but not limited to the Shoreline Master
Program, the land alteration ordinance, and sensitive areas standards, the Director shall approve
the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions
shall be processed as Type 1 decisions.
(b) If the Tree Clearing Permit application is not approved, the Director shall inform the
applicant in writing of the reasons for disapproval.
(c) From the date of issuance, permits shall be valid for a period of 180 days.
Section 33 Loading space requirements (TMC 18.56.060)
TMC 18.56.060 and Ordinance 1758, 1(part) are amended as follows:
Off street space for standing, loading and unloading services shall be provided in such a manner
as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial,
and industrial uses, each loading space shall consist of at least a ten -foot by 30 -foot loading space
with 14 -foot height clearance for small trucks such as pickup trucks, or a 12 -foot by 65 -foot
loading space with 14 -foot height clearance for large trucks, including tractor trailer large spaces.
The prescribed number of spaces required are as follows:
Loading Space Requirements
Square Feet of Gross Floor Area
(Except Basement Area)
Number of Spaces Office Buildings, Hotels,
Hospitals, and Institutions
1 3,000 to 100,000
2 100,000 to 335,000
3 335,000 to 625,000
4 625,000 to 945,000
5 945,000 to 1,300,000
6 1,300,000 to 1,695,000
7 1,695,000 to 2,130,000
8 2,130,000 to 2,605,000
9 2,605,000 to 3,120,000
10 3,120,000 to 3,675,000
29
Number of Spaces
1
2
3
4
5
6
7
8
9
10
11
Other Commercial and
Industrial Buildings (30%
minimum large spaces)
Under 10,000
10,000 to 25,000
25,000 to 85,000
85,000 to 155,000
155,000 to 235,000
235,000 to 325,000
325,000 to 425,000
425,000 to 535,000
535,000 to 655,000
655,000 to 775,000
775,000 to 925,000
These requirements may be modified as a Type 4 decision,
where the Planning Commission or, on appeal, the City Council
finds that such reduction will not result in injury to neighboring property or
obstruction of fire lanes or traffic and will be in harmony with the purposes and intent of this
chapter.
Section 34 Cooperative Parking Facility (TMC 18.56.070)
TMC 18.56.070 and Ordinance 1758, §1(part) are amended as follows:
When two or more uses occupy the same buildmg or when two or more buildings or uses
cooperatively share an off street parking facility, the total requirements for off street parking and
loading facilities shall be at least the sum of the requirements for the greater of the uses at any one
time. Any application for cooperative parking or any modification of the standard created by
this section shall be a Type 4 decision to be determined by the Planning Commission or, on
appeal, the City Council. or as deemed necessary
Section 35 Action by the Board of Architectural Review (TMC 18.60.070)
TMC 18.60.070 and Ordinance 1758, §1(part) are amended as follows:
(1) Approval. Design Review decisions shall be processed as Type 4 decisions pursuant to
TMC 18.108.030. If the BAR approves the proposed development, a building permit may be
issued by the appropriate City official providing all other requirements of the building code and
ordinances of the City have been complied with.
(2) Approval with Conditions. If the BAR approves the proposed development plans with
conditions, it may require that such conditions shall be fulfilled prior to the issuance of a building
or occupancy permit, where appropriate.
(3) Denial. The BAR may deny the proposed development plans if the plans do not satisfy
the guidelines of this chapter.
4; All decisions of the BAR shall be final unless cppcaled.
Section 36 Application Requirements and Fees (TMC 18.64.030)
TMC 18.64.030 and Ordinance 1758, §1(part) are amended as follows:
Application for conditional use permit shall be filed with the DCD on forms prescribed by that
office. All applications shall be accompanied by a filing fee as required in the Application Fees
30
chapter of this title. Applications for Conditional Use Permits shall be Type 4 decisions and
shall be processed pursuant to TMC 18.108.040.
(2
1
Section 37 Application Hearing Notice (TMC 18.64.040)
TMC 18.64.040 and Ordinance 1758, §1(part) are repealed:
f.; chcdu1c a public hearing to consider the application for the conditional use permit. Public noticc
titic.
Section 38 Criteria (TMC 18.64.050)
TMC 18.64.050 and Ordinance 1758, §1(part) are amended as follows:
The
Vicinity map;
List of names and addresses of all property owners within 300 feet of the subject site;
Any other graphic materials required to adequately describe the proposal.
conditional use permit:
Section 39 Expiration and Renewal (TMC 18.64.060)
guided by the following cnteria shall apply in granting a
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity of the proposed use or in the district in
which the subject property is situated;
(2) The proposed use shall meet or exceed the performance standards that are required
in the district it will occupy;
(3) The proposed development shall be compatible generally with the surrounding
land uses in terms of traffic and pedestrian circulation, building and site design;
(4) The proposed use shall be in keeping with the goals and policies of the
Comprehensive Land Use Policy Plan;
(5) All measures have been taken to minimize the possible adverse impacts which the
proposed use may have on the area in which it is located.
TMC 18.674.060 and Ordinance 1758, §1(part) are amended as follows:
A conditional use permit shall automatically expire one year after a Notice of Decision approving
the permit is issued the was granted by the Planning Commission unless a building permit
conforming to plans for which the CUP was granted is obtained within that period of time. A
conditional use permit shall automatically expire unless substantial construction of the proposed
development is completed within two years from the date a Notice of Decision approving the
permit is issued. The
Planning Commission or City Council, on appeal, may authorize longer periods for a conditional
use permit if appropriate for the project. The Planning Commission or City Council, on appeal,
may grant a single renewal of the conditional use permit if the party seeking the renewal can
demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the
31
original application for a conditional use permit was granted, which would not warrant such a
renewal. No public hearing is required for a renewal of a conditional use permit.
Section 40 Performance Bond or Other Security (TMC 18.64.080)
TMC 18.64.080 and Ordinance 1758, §1(part) are amended as follows:
A performance bond or other adequate and appropriate secunty may be required by the Planning
Gemmissien-for any elements of the proposed project which the Planning Commission or City
Council, on appeal, determines are crucial to the protection of the public welfare. Such bond
shall be in an amount equal to 100% of the cost of the installation or construction of the
applicable improvements.
Section 41 Application Requirements (TMC 18.64.090)
TMC 18.66.040 and Ordinance 1758, §1(part) are amended as follows:
Applications for unclassified use permits shall be Type 5 decisions and shall be processed
pursuant to TMC 18.108.050. Application for unclassified use permit shall be filed with the
(2-) Affidavit of the ownership or of substantial beneficial interest in the property;
(3) Scaled site and building elevation plans;
(4) Vicinity map;
List of names and addresses of all property owners within 300 feet of the subject
site;
Section 42 Notice and Hearing Requirements (TMC 18.66.050)
TMC 18.66.050 and Ordinance 1758, §1(part) are repealed.
notice for such hearing shall be made in accordanc
Public
'c hearing on the permit application but shall consider the-
g The City Council action
shall be made in resolution form and shall specifically state what is approved and any conditions
thereof.
Section 43 Criteria (TMC 18.66.060)
TMC 18.66.060 and Ordinance 1758, §1(part) are amended as follows:
The
an unclassified use permit:
City Council shall be guided by the following criteria in granting
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity;
(2) The proposed use shall meet or exceed the same standards for parking, landscaping,
yards and other development regulations that are required in the district it will occupy;
3 2
(3)
uses;
The proposed development shall be compatible generally with the surrounding land
(4) The proposed use shall be in keeping with the goals, objectives, and policies of the
Comprehensive Land Use Policy Plan;
(5) All measures shall be taken to minimize the possible adverse impacts which the proposed
use may have on the area in which it is located.
Section 44 Expiration and Renewal (TMC 18.66.070)
TMC 18.66.070 and Ordinance 1758, §1(part) are amended as follows:
An unclassified use permit shall automatically expire one year after the date of issuance of a
Notice of Decision granting approval of the application it was granted by the City Council unless
a building permit conforming to plans upon which the permit was granted is obtained within that
period of time. An unclassified use permit shall automatically expire unless substantial construc-
tion shall be completed within two years from the date of issuance of a Notice of Decision
granting approval of the application the unclassified use permit is granted by the City Council,
unless a renewal is granted or unless the unclassified use permit T T P specifically provides for a
period greater than two years. The City Council, upon recommendation of the Planning
may renew an unclassified use permit for a maximum period of one additional year.
No more than one renewal shall be issued for any unclassified use permit UUP. A renewal may
be granted only if there have been no pertinent changes in conditions surrounding the property
since the time of original approval. No public hearing is required for renewal of an unclassified
use permit.
Section 45 Revocation of Permit (TMC 18.66.080)
TMC 18.66.080 and Ordinance 1758, §1(part) are amended as follows:
(1) The City Council, may revoke or
modify any unclassified use permit. Such revocation or modification shall be made on any one or
more of the following grounds:
(A) That the approval was obtained by deception, fraud, or other intentional and
misleading representation;
(B) That the use for which such approval was granted has at any time ceased for a
period of one year or more;
(C) That the use for which such approval was granted has been abandoned;
(D) That the permit granted is exercised contrary to the terms or conditions of such
approval or in violation of any statute, resolution, code, law or regulation;
(E) That the use for which the approval was granted is so exercised as to be
detrimental to the public health or safety.
(2) Any aggrieved party may petition the City Council in writing to initiate revocation or
modification proceedings.
(3) Before an unclassified use permit may be revoked or modified, a public hearing shall be
held. Procedures concerning notice, reporting, and appeals shall be the same as required b3 s-
chapter for the initial consideration of an unclassified use permit application.
33
Section 46 Resubmittal of Application (TMC 18.66.100)
TMC 18.66.100 and Ordinance 1758, §1(part) are amended as follows:
An application for an unclassified use permit which has been disapproved by the Council cannot
be resubmitted within six months of the date of Council disapproval.
Section 47 Nonconforming adult entertainment establishments (TMC 18.70.110)
TMC 18.70.110 and Ordinance 1758, §1(part) are amended as follows:
Notwithstanding any other provision of this chapter, any adult entertainment use or
establishment which is rendered nonconforming by the provisions of ay Ordinance 1 of the
City shall be terminated or discontinued within 90 days from the effective date of that ordinance.
(1) The owner or operator of any adult entertainment use or establishment which is
rendered nonconforming by the provisions of a� Ordinance 1581 of the City may appeal the
90 -day termination provision of this section by filing a notice of appeal with the City Clerk
within 60 days of the effective date of this section.
(2) Within ten days of receipt of a notice of appeal, the City Clerk shall schedule a
hearing on the appeal before a hearing examiner. The hearing shall be no later than 20 days from
the date of receipt by the City of the notice of appeal, unless extended by mutual agreement of
the parties. The hearing examiner shall be the City Clerk or his /her designee.
(3) Within ten three days, excluding weekends and holidays recognized by the City,
from the date of the hearing on an appeal under this section, the hearing examiner shall issue a
written decision, which shall set forth the hearing examiner's findings of fact and conclusions of
law. The hearing examiner shall consider the following factors and any other factors that he /she
determines to be relevant or helpful in reaching a decision:
(A) The harm or hardship to the appellant caused by the 90 -day termination
provision of this section;
(B) The benefit to the public to be gained from termination of the use;
(C) The nature of the leasehold or other ownership interest that an appellant
may have in premises occupied by the adult entertainment use;
(D) Restrictions or lack of same imposed on an appellant's use of such
premises by a lease or other binding agreement;
(E) Amounts expended by an appellant for improvements to such premises or
for necessary equipment and the extent to which those amounts have been recovered
through depreciation, tax savings, or whether such improvements are contemplated to be
left as property of the lessor; and
(F) Any clear evidence of substantial economic harm caused by enforcement of
the 90 -day termination provision of this section.
(4) Anv appeal of the 90 day termination provision filed pursuant to this section
shall be classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the
provisions of TMC ch. 18.104 and 18.108.
4) Appeal and Hearing.
(A) Any person aggrieved by the action of the hearing examiner in refusing to
notice of appeal with the
Clerk within ten calendar days of receiving notice of the decision of the hexing examiner.
(B) The City Council, upon receipt of a timely notice of appeal, shall set a
such appeal within 20 days from the date of such receipt. The City Council
The
Council.
(C) The decision of the City Council on an appeal from a decision of the
hearing examiner shall be based upon a preponderance of the evidence.
(D) The decision of the City Council shall be final unless appealed to the
superior court within 20 days of the date the decision is entered.
34
Section 48 Application Requirements (TMC 18.72.040)
TMC 18.72.040 and Ordinance 1758, §1(part) are amended as follows:
An application to the Board of Adjustment for the issuance of a variance shall be made on forms
prescribed by the DCD. All applications shall be accompanied by a filing fee as required in the
Application Fees chapter of this title. All variances shall be processed as Type 3 decisions
pursuant to TMC 18.108.030.
d n t s
(23 Site plan or othcr related map materials which clearly indicate the dimensional
characteristics of the site and structures involved;
Section 49 Application Hearing and Notice (TMC 18.72.050)
TMC 18.72.050 and Ordinance 1758, §1(part) are repealed:
Public Notice of Roaring chapter of this title.
Section 50 Application Board Decision (TMC 18.72.060)
TMC 18.72.060 and Ordinance 1758, §1(part) are repealed:
Section 51 Appeal (TMC 18.72.080)
TMC 18.72.080 and Ordinance 1758, §1(p[art) are repealed:
z: within tcn days from the date of the Board's action, the original
applicant or an aggrieved party makes an application t
writ of certiorari, a writ of prohibition or a writ of mandamus.
Section 52 Application (TMC 18.80.010)
TMC 18.80.010 and Ordinance 1758, §1(part) are amended as follows:
Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff
and officials, and staff of other agencies) may submit an application for an amendment to either
the comprehensive plan or the development regulations to the Department of Community
Development. Such applications are for legislative decisions and are not subi ect to the
requirements or procedures set forth in TMC ch. 18.110 to 18.120. The. In addition to the
requirements of TMC 18.80.015, the application shall specify, in a format established by the
Department:
(1) A detailed statement of what is proposed and why;
(2) A statement of the anticipated impacts of the change, including the geographic area
affected and the issues presented by the proposed change;
(3) An explanation of why the current comprehensive plan or development
regulations are deficient or should not continue in effect;
35
(4) A statement of how the proposed amendment complies with and promotes the
goals and specific requirements of the Growth Management Act;
(5) A statement of how the proposed amendment complies with applicable
Countywide Planning Policies;
(6) A statement of what changes, if any, would be required in functional plans (i.e.,
the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted;
(7) A statement of what capital improvements, if any, would be needed to support
the proposed change, and how the proposed change will affect the capital facilities plans of the
City; and
(8) A statement of what other changes, if any, are required in other City codes, plans
or regulations to implement the proposed change.
Section 53 Documents to be Submitted with Application (TMC 18.80.015)
A new section 18.80.015 is added to TMC ch. 18.80 as follows:
A. Applications for amendments to the comprehensive plan or development
regulations shall provide the following documents in such quantities as are specified by the
Department:
1. An application form provided by the Department.
2. King County Assessor's map(s) which show the location of each property
within 300 feet of the property which is the subject of the proposed amendment.
3. Two (2) sets of mailing labels for all property owners and occupants
(businesses and residents) including tenants in multiple occupancy structures, within 300 feet of
the subject property.
4. A vicinity map showing the location of the site.
5. A surrounding area map showing comprehensive plan designations, zoning
designations, shoreline designations, if applicable, and existing land uses within a 1000 foot radius
from the site's property lines.
Department.
6. A site plan, including such details as may be required by the Department.
7. A landscaping plan, including such details as may be required by the
8. Building elevations of proposed structures, including such details as may
be required by the Department.
9. Such photomaterial transfer or photostat of the maps, site plan and
building elevation, including such details as may be required by the Department.
10. Such other information as the applicant determines may be helpful in
evaluating the proposal, including color renderings, economic analyses, photos, or material
sample boards.
B. The Department shall have the authority to waive any of the requirements of this
section for proposed amendments which are not site specific or when, in the Department's
discretion, such information is not relevant or would not be useful to consideration of the
proposed amendment.
36
Section 54 Docket (TMC 18.80.020)
TMC 18.80.020 and Ordinance 1758, §1(part) are amended as follows:
The Department shall maintain a docket of all proposed changes to the comprehensive plan and
development regulations which are submitted. The Department shall provide a copy of the
docket to the City Council on a monthly basis. If either the Department or the Council
determines that a proposed change may be an emergency, the Department shall prepare the staff
report described below and forward the proposed change to the Council for immediate
consideration, subject to the procedural requirements for consideration of amendments. Non
emergency changes shall be compiled and submitted to the Council for review on an annual basis
in March so that cumulative effects of the proposals can be determined Proposed changes
received by the Department after January 1st of any year less than eight weeks before the date of
shall be held over for the following year's review, unless the Council
or the Department determines the proposed change may be an emergency.
Section 55 Council Consideration (TMC 18.80.050)
TMC 18.80.050 and Ordinance 1758, §1(part) are amended as follows:
(a) The City Council shall consider each request for an amendment to either the
comprehensive plan or development regulations at a public meeting, at which the applicant will
be allowed to make a presentation. Any person submitting a written comment on the proposed
change shall also be allowed an opportunity to make a responsive oral presentation. Such
opportunities for oral presentation shall be subject to reasonable time limitations established by
the Council.
(b) Following Council consideration as provided by Subsection (1), the City Council shall
take action as follows:
(1) If the Council determines the proposed amendment will have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment; or
(B) defer further Council consideration to a re- occurring three -year Comprehensive
Plan amendment process.
(2) If the Council determines the proposed amendment will not have significant impact on
the policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment;
(B) defer further Council consideration for one or more years to allow the City
further time to evaluate the application of the existing plan or regulations; or
(C) refer the proposed amendment to the Planning Commission for further review
and a recommendation to the City Council. Notice of the Planning Commission hearing on such
amendment shall be published in a newspaper of general circulation at least ten (10) days prior to
the Planning Commission's hearing.
Section 56 Submission to City Council (TMC 18.84.010)
TMC 18.84.010 and Ordinance 1758, §1(part) are amended as follows:
Any request for a change in zoning of any distnct or area, or of any boundary lines thereof as
shown on the zoning maps, shall be submitted to the Department. Said
requests shall be made on such formal application forms as specified by the Department Planning
GelliiiiiSSiOft and filed with the Department, which shall transmit a copy to the City Clerk. All
applications shall be accompanied by a filing fee as required in the Application Fees chapter of
this title. All applications for a change of zoning or of any boundary lines shall be a Type 5
decision and shall be processed pursuant to TMC 18.108.050. and shall contain such
exeented-by-the-petitiener,
37
Section 57 Submission to City Council Action (TMC 18.84.020)
TMC 18.84.020 and Ordinance 1758, §1(part) are repealed:
1
the City Council may act on said recommendation without further public h aring.
Section 58 Criteria for Granting Zoning Map Reclassifications (TMC 18.84.030)
TMC 18.84.030 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall be guided by the following criteria in granting
reclassification requests to the zoning map of this title:
(1) The use or change in zoning requested shall be in conformity with the adopted
Comprehensive Land Use Policy Plan, the provisions of this title, and the public interest;
(2) The use or change in zoning requested in the zoning map or this title for the establishment
of commercial, industrial, or residential use shall be supported by an architectural site plan
showing the proposed development and its relationship to surrounding areas as set forth in the
application form.
Section 59 Petition for Decision Review (TMC 18.84.040)
TMC 18.84.040 and Ordinance 1758, §1(part) are repealed:
designation may file a petition for review by the City Council of the Planning Commission
Such petition shall be filed with the City Clerk. It shall be in writing
of the review.
Section 60 Final Action (TMC 18.84.050)
TMC 18.84.050 and Ordinance 1758, §1(part) are repealed:
Three noticcs, at least tcn days prior to any such hearing, shall be posted within or about thc area
proposcd to be rezoned or reclassified. Following thc hearing, thc City Council may accept,
rcjcct or modify thc recommendation of the Planning Commission, or the City Council may refer
following such reconsideration, the City Council shall grant, deny, or amend the Planning
Section 61 Application Fees (TMC 18.88.010)
TMC 18.88.010 and Ordinance 1758, §1(part) are amended as follows:
The following fees shall be paid by any applicant for a land use permit at the same time that said
38
application is filed with the City:
Type of Application
Comprehensive plan amendment
Conditional use permit (CUP)
Design review (BAR)
Planned Residential Development
(PRD)
(PMUD)
Reclassification (rezone)
Shoreline substantial development
permit
Street vacation
Unclassified use permit (UUP)
Variance
Lot line adjustments
Special review (parking/sign
deviation, etc.)
Zoning Code Amendment
Preliminary Plat
Final Plat
$700.00
850.00
900.00
800.00 plus
100.00 /acre
800.00 plus
100.00 /acre
700.00
550.00
Fee
120.00
850.00
600.00
200.00 (nom}
200.00 (new)
700.00
800.00 plus 75.00 per lot
400.00 plus 25.00 per lot
Application for renewals of any land use permit, provided such renewals are specifically
authorized, shall pay the same fee required for the land use permit being renewed.
Section 62 Appeals from Decisions or Interpretations of the Director (TMC 18.90.010)
TMC 18.90.010 and Ordinance 1758, §1(part) are amended as follows:
Any person aggrieved by any interpretation of this title by the Director may appeal the
Director's interpretation present to the Board of Adjustment. Any such appeal shall be a Type
2 decision and shall be processed pursuant to TMC 18.108.020. a petition requesting review of
sot—forth-in-writing the interpretation being appealed, the interpretation being sought, and the
reasons why the Board of Adjustment should support the appeal. The action of the Board of
Section 63 Appeals from Decisions of the Planning Commission (TMC 18.90.020)
TMC 18.90.020 and Ordinance 1758, §1(part) are repealed:
Any party aggrieved by a decision of the Planning Commission, or the Planning Commission
acting as a Board of Architectural Review, may appeal that decision to the City Council. The
39
appeal shall be made in writing to the City Clerk within ten days of the Planning Commission
decision and shall state thc reasons for thc appeal. The City Council shall affirm, deny, or
Section 64 Appeals from Decisions of the Board of Adjustment (TMC 18.90.030)
TMC 18.90.030 and Ordinance 1758, §1(part) are repealed:
nt in grantmg or denying an application for variance, or in
thc resolution of an appc\a1 from an administrative interpretation, shall be fmal and conclusive,
un1
within ten days from the date of the Board's action, an applicant or an aggrieved party
Court of King County for a writ of certiorari, a writ of
Section 65 Publication (TMC 18.92.010)
TMC 18.92.010 and Ordinance 1758, §1(part) are repealed:
as required by State law or this title shall be deemed to have been
thcrcof has been postcd on thc affected property and at City Hall, and published at least one
Section 66 Notice to Property Owners (TMC 18.92.020)
TMC 18.92.020 and Ordinance 1758, §1(part) are repealed:
In cases of conditional and unclassified use permits, rezones, variances, and other applicable
P c, w hall be mailed to owners of all propertics
within a 300 foot radius of the exterior boundaries of the subject sits.
Sci no ti c e s h a ll b ma le.a
b The property
ownership records of the King County Treasurer shall be used to idcntify surrounding property
owner
Section 67 Special Permission Sign (TMC 19.08.215)
A new Section 19.08.215 is added to TMC chapter 19.08 as follows:
"Special Permission Sign" shall mean a sign requinng a Type 2 decision as set forth in TMC
19.22.010, 19.22.020, 19.32.020, 19.32.080, 19.32.100, 19.32.120, 19.32.130, 19.32.140,
19.32.150 or 19.32.180.
Section 68 Required (TMC 19.12.010)
TMC 19.12.010 and Ordinance 1274, §1(part) are amended as follows:
(a) No sign shall hereafter be erected, re- erected, constructed or altered, except as provided
by this code and a permit for the same has been issued by the City acting through its Planning
Director, provided that a sign posted for purposes of giving public notice pursuant to TMC
18.104.110 shall be exempt from the requirements of this Title.
(b) A separate permit is required for each group of signs on a single support structure or the
sign or signs for each business entity. In addition, electrical permits shall be obtained for
electrified signs.
40
Section 69 Application Procedure (TMC 19.12.020)
TMC 19.12.020 and Ordinance 1274, §1(part) are amended as follows:
Application for a sign permit shall be made in writing upon forms furnished by the Planning
Department of Community Development. Sign permits other than special permission signs and
unique signs shall be a Type 1 decision, provided that the denial of approval for a Type 1 sign
permit shall be appealable to the Planning Commission pursuant to the provisions of TMC
18.108.020 for appeals of Type 2 decisions. Special permission signs shall be a Type 2 decision
and shall be processed pursuant to the terms of TMC 18.108.040 and .050. Unique signs shall
be a Type 3 decision and shall be processed pursuant to the terms of TMC 18.108.030. Such
application shall contain the location of the proposed sign structure by street and number or by
surveyor's exhibit or legal description, as well as the name and address of the sign contractor or
erector. r If the owner is a corporation,
with the State of Washington. The Planning Director may require the filing of additional plans or
with t i.: s co d
Section 70 Applications Rejection Appeal (TMC 19.12.040)
TMC 19.12.040 and Ordinance 1274, §1(part) are repealed:
tho applicant or bo mailed by certified mail, return receipt requested, to the applicant at his
designated-addfecc. Within 30 days, the applicant may file with the Planning Department a
notice of appeal and requost for review by the Board of Adjustment at a regular meeting not later
than 60 days from the date the notice of appeal is filed, unloac
applicant. After a review hearing, the Board of Adjustment shall file with the Planning Director
Planning Director to issue the permit. The decision of the Board of Adjustment shall be fmal and
conclusive unless the original applicant or an adverse party makes application to the Superior
Court of King County for a writ of certiorari, a writ of prohibition, or a writ of mandamus within
40 days of the final decision of the Board of Adjustment.
Section 71 Fees Public Hearings (TMC 19.12.100)
TMC 19.12.100 and Ordinance 1274, §1(part) are repealed:
Section 72 Designated (TMC 19.28.010)
TMC 19.28.010 and Ordinance 1274, §1(part) are amended as follows:
The following signs or devices are specifically prohibited:
(1) Signs adjacent to State roads and not complying with Washington State
Department of Transportation regulations.
(2) Signs using the words "stop," "look" or "danger or any other word, symbol,
character or color which might confuse traffic or detract from any legal traffic control device.
(3) Animated signs, unless specifically approved as a Type 2 decision by the
according to the following criteria:
(A) Such signing is deemed necessary to the type of marketing customary to a
particular classification of business enterprise.
(B) Such signing consists of a permanent fixture, and symbols or letters of
plastic, metal or electronically controlled material.
41
(C) Message content of such signing is limited to time, date, temperature, or
business hours.
(4) Rooftop signs supported by exposed trusswork and wall- mounted signs extending
above the parapet line.
(5) Unique signs unless specifically approved as a Type 4 decision by the Planning
permits may be approved if in the judgment of the Plannmg Commission, or on
appeal, the City Council, the effect of the proposed sign would not contribute to a cluttered,
confusing or unsafe condition.
(6) Permanent off premises signs, except shared directional signs as provided in
Section 19.32.020, billboards as provided in Section 19.32.040, and planned shopping centers
(mall) signs as provided in Section 19.32.150.
(7) Strings of pennants, banners or streamers, festoons of lights, clusters of flags,
wind animated objects, balloons and similar devices of a carnival nature except as specifically
provided in Chapters 19.12 and 19.24 of this code. Not prohibited are national, State, and
institutional flags properly displayed or temporary signs and decorations customary for special
holidays, such as Independence Day, Christmas, Tukwila Days, and similar events of a public
nature.
(8) Portable signs or any sign which is not permanently mounted, including sandwich
or "A" boards, except as provided in Sections 19.24.050 and 19.32.160 of this code.
(9) There shall be no signs or sign supports which shall obscure vision between the
height of three feet and ten feet of the street or driveway grade allowed within 40 feet of the
intersections of streets and/or driveways.
(10) Signs mounted or painted on stationary motor vehicles, trailers and related devices
in order to circumvent the intent of this code.
(11) Off premises signs located within the "shoreline zone" as described in Chapter
18.44; on- premises, permanent signs located within the shoreline zone and specifically oriented
to be visible from the "river environment," Section 18.44.114 of this code.
Section 73 Shared directional signs (TMC 19.32.020)
TMC 19.32.020 and Ordinance 1274, §1(part) are amended as follows:
In commercial and industrial areas where a demonstrated need for directional signing exists, own-
ers or tenants of these premises may apply for review and
approval of the design of a shared directional sign. Such application shall processed as a Type 2
decision. Such sign shall not exceed ten feet in height, ten feet in width, and have a maximum of
two signing surfaces which do not exceed a total of 50 square feet. Such sign shall be located on
the premises of at least one of the entities identified thereon and shall be used only by geograph-
ically associated businesses. The sign structure shall be located in a masonry base of decorative
appearance. The shared directional sign shall contain no promotional copy but shall be limited to
the names and addresses of the companies or activities being identified.
Section 74 Home occupation Church, approved conditional use and public facility signs
(TMC 19.32.080)
TMC 19.32.080 and Ordinance 1274, §1(part) are amended as follows:
(a) Home occupations may be identified by a single, non illuminated wall plaque of not more
than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 32 square feet; maximum height above ground, when in
setback area, shall not exceed five feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision. by the Planning Commission.
42
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height- above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision. by the Planning Commission.
Section 75 Where signs will face other multiple family, commercial or industrial zones
(TMC 19.32.100)
TMC 19.32.100, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single wall plaque not more than two square
feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon which the
property fronts; signs shall be located in the setback area or upon the face of the building. Total
area of sign or signs shall not exceed 64 square feet; maximum height above ground, when in
setback area, shall not exceed ten feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision. by the Planning Commission.
Section 76 Where signs will face or abut single family zones (TMC 19.32.120)
TMC 19.32.120, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single, non illuminated wall plaque of not more
than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 32 square feet; maximum height above ground, when in
setback area, shall not exceed five feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or back lighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision. by the Planning Commission.
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision. by the Planning Commission.
(d) All freestanding signs must be approved as a Type 2 decision. by the Planning
Permits may be approved if, in the judgment of the Planning Commission, the
effect of the proposed sign would not contribute to a cluttered or confusing condition nor would
generally degrade the physical appearance or character of the street or neighborhood.
(e) Non rolling equipment and merchandise must be displayed from within buildings or
within glass fronted cases, except in connection with temporary commercial, industrial or public
service displays.
43
Section 77 Where signs will face or abut multiple- family zones or public facilities (TMC
19.32.130)
TMC 19.32.130, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single wall plaque not more than two square
feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 64 square feet; maximum height above ground, when in
setback area shall not exceed ten feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision. by the Planning Commission.
(d) All freestanding signs must be approved as a Type 2 decision. by the Planning
Geffirlii&SiOli. Permits may be approved if, in the judgment of the Planning Commission, the
effect of the proposed sign would not contribute to a cluttered or confusing condition nor would
generally degrade the physical appearance or character of the street or neighborhood.
(e) Non rolling equipment and merchandise must be displayed from within the buildings or
within glass fronted cases except in connection with temporary commercial, industrial or public
service displays.
1
Section 78 Commercial zones where signs will face or abut other commercial or
industrial zones, except as provided in Section 19.32.150 through Section 19.32.190
inclusive (TMC 19.32.140)
TMC 19.32.140 and Ordinance 1274, §1(part) are amended as follows:
(a) Signs mounted on exposed building faces: Each business shall be permitted one exposed
building face mounted sign. One additional exposed building face mounted sign can be permitted
for each business that is not identified on any freestanding sign, provided:
(1) That the business has more than one exterior public entrance in the same building,
exclusive of warehouse area doors, or
(2) That there is no more than one sign per business on any exposed building face.
The area of all signs on an exposed building face for each business shall be as provided in Table 1.
Area (L X H) Sq. Ft.
Exposed Building Face
0 -500
501 -1500
1501 -3000
3001 -5000
Over 5000
Table 1
Total Permitted Area of
the Sign Square Feet
0.05 x exposed building face
in sq. ft. (E.B.F.)
1 25 0.04 x (E.B.F. 500)
1 65 0.03 x (E.B.F. 1500)
1 110 0.02 x (E.B.F. 3000)
1 150 square feet (maximum)
Upon application to and approval as a Type 2 decision. by the Planning Commission, the
permitted sign areas provided in Table 1 may be increased no more than 50% for each doubling of
44
the required minimum setback distance for the wall upon which a particular sign is to be placed,
but in no case shall sign area exceed that permitted in Section 19.32.150.
(b) Office buildings with multiple tenancies shall only be identified by the official name of the
building, and internal directories shall be used to identify the individual tenants. Exception:
Multi- tenant office buildings which will face or abut other commercial or industrial zones and
which have no common public entry shall be permitted signs as follows:
(1) Each ground floor occupant shall be permitted an identification sign which designates
the name of the occupant and/or the type of occupation. Such sign shall be attached to the
ground floor exposed building face as defined in Section 19.08.060.
(2) All other tenants which have an exclusive entry on the ground floor shall be allowed
exterior signing to be placed on the ground floor exposed building face in which that entry is
located.
(3) The size of any building sign shall not exceed 30 square feet and shall not be longer
than 70% of the exposed building face that the business occupies in the building and upon which
the sign is to be placed.
(4) Each tenant may also display a room number /letter or street number which is visible
from the public street or principal access roadway. Such a sign shall not be counted in the sign
area permitted for the business.
(5) Each group of professional offices may have a directory listing the names of the
tenants on the site and a location map. The directory shall be oriented to the pedestrian on the
site rather than the passing motorist.
(c) Freestanding signs: One freestanding sign shall be permitted for each site. One additional
freestanding sign may be permitted for sites which meet the following conditions:
(1) The site has at least 400 linear feet of frontage on a public street;
(2) The site has at least two detached commercially occupied buildings, neither of which
is accessory to the other; and
(3) The site is occupied by at least two tenants. Permitted sign area for each freestanding
sign shall be as follows:
1 Street Frontage 1 Sign Area /Sign
Up to 200 ft. 50 sq. ft. with total of
100 sq. ft. for all sides
200 to 400 ft. 75 sq. ft. with total of
150 sq. ft. for all sides
Over 400 ft. 100 sq. ft. with total of
200 sq. ft. for all sides
Any permitted freestanding sign shall be limited in height to 35 feet, provided that no
freestanding sign shall be higher than the building which it identifies or except as provided in
Sections 19.32.150, 19.32.170 and 19.32.180.
Exception: For commercial sites which exceed ten gross acres, permitted height of a
freestanding sign may be increased two feet for each additional increment of five acres in land
area, provided that no freestanding sign shall be higher than the highest point of any building on
the site which it identifies.
(d) The freestanding sign shall contain no promotional copy but shall be limited to the name
of the company or activity being identified and trademark or logo, except where an approved
readerboard is used.
(e) Non rolling equipment must be displayed from within buildings or glass fronted cases,
except in connection with temporary commercial, industrial or public service displays.
Section 79 Building identification signs Displays (TMC 19.32.150)
TMC 19.32.150 and Ordinance 1274, §1(part) are amended as follows:
(a) Businesses in a planned shopping center (mall) shall be allowed signing equal to 6% of the
exposed building face area on which the sign is to be placed, up to a maximum of 500 square feet
with a maximum of four such signs allowed per business and not more than one sign for any
45
particular business allowed on any one exposed building face. Businesses located on the
perimeter of a planned shopping center (mall) in detached, separate buildings shall be allowed
freestanding signs per Section 19.32.140(c)
(b) Identification signs for the center as a whole shall have an aggregate area of not more than
300 square feet per street which abuts the development, and no one sign shall contain more than
50% of the allowable sign area, unless approved as a Type 2 decision. by the Planning
The height of a freestanding sign shall not exceed the highest portion of any
building m the planned shopping center (mall) which is identified thereby. Non rolling
equipment and merchandise must be displayed from within buildings or glass- fronted cases,
except in connection with a temporary commercial, industrial or public service display.
Section 80 Permitted signs Height and area allowance (TMC 19.32.180)
TMC 19.32.180 and Ordinance 1274, 1(part) are amended as follows:
Signs mounted on an exposed building face shall be allowed per Section 19.32.140(a). Height and
area restrictions for freestanding signs as prescribed in Section 19.32.140(c) may be increased
25% for freeway interchange businesses as defined in Section 19.08.080 upon approval as a
Type 2 decision
Section 81 Definitions Additional (TMC 21.04.040)
TMC 21.04.040 and Ordinance 1331, §3, as amended by Ordinance 1344, §1 and Ordinance
1599, §7(1) are amended as follows:
In addition to those defmitions contained within WAC 197 -11 -700 through 799, when used in
this chapter the following terms shall have the following meanings, unless the content indicates
otherwise:
(1) "Department" means any division, subdivision or organizational unit of the City
established by ordinance, rule or order.
(2) "Early notice" means the City's response to an applicant stating whether it considers
issuance of the Determination of Significance likely for the applicant's proposal.
(3)
"Environmentally sensitive area see Section 21.04.300.
(4) "Notice of action" means the notice (as specified m RCW 43.21C.080) of the time for
commencing an appeal of a SEPA determination that the City or the applicant may give following
final City action upon an application for a permit or approval when the permit or approval does
not have a time period set by statute or ordinance for commencing an appeal.
(3 "Official notic
commencing an appeal of fmal City action upon an application for a permit or approval whcro
the permit or approval has a time period set by statute or ordinance for commencing appcl.
(6) "SEPA Rules" means WAC Chapter 197 -11 adopted by the Department of Ecology.
Section 82 Categorical Exemptions and Threshold Determinations Time Estimates
(TMC 21.04.090)
TMC 21.04.090 and Ordinance 1331, §7 are repealed:
private projects and those governmental proposals submitted to the City by other agencicc. The
actual time may vary with the complexity of the project, availability of staff, cooperation of
agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be
sefis to bo n d a t„
46
The City should normally complete threshold determinations that can be based
solely upon review of the environmental checklist for the proposal within 15 business days of
RI)
or the consulted agcncy.
The City should normally identify whether an action is
When the responsible official requires further information from the applicant or
(i) The City should normally request such further information within 15
(ii) The City should normally wait no longer than 30 calendar days for a
(iii) The responsible official should normally complete the threshold
(C) When the City must initiate further studies,
obtain the information to make the threshold determination, the City should normally complete
the studies within 30 calendar days of receiving a completed application and checklist.
OD-) The City should normally complete threshold determinations on actions where the
applicant recommends in writing that an EIS be prepared, because of the probable significant
(E-) The responsible official should normally respond to a request for early notice
s. h threaho d determination should normally be made within 15
p
(F) The time limits set forth in this subsection shall not apply to withdrawals of
with Sections 340 and 360 of the SEPA Rules.
Section 83 EIS Time for Preparation (TMC 21.04.185)
A new Section 21.04.185 is added to TMC ch. 21.04 as follows:
Unless a different time limit is agreed to by the Department and the applicant, the time limit for
completion of environmental impact statements for purposes of TMC 18.104.130 shall be 365
calendar days from the date of issuance of a Declaration of Significance. The following periods
shall be excluded from this 365 -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 EIS 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 depai talent, agency or hearing body determines whether the additional information
satisfies the request, or (b) fourteen 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
47
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.
2. Any additional time period for preparation of the EIS agreed upon by the
Department and the applicant.
Section 84 Public Notice Procedure (TMC 21.04.210)
TMC 21.04.210 and Ordinance 1331, §19 as amended by Ordinance 1344, §10 are amended as
follows:
(a) Whenever public notice is required, the City shall follow the procedures set forth in this
section.
(b) Public notice will be given in the following situations:
(1) When the City issues the following Determinations of Non-Significance (DNS):
(A) DNS involving another agency with jurisdiction,
(B) DNS involving the demolition of any structure or facility not exempted by
WAC 197 -11- 800(2) (f) or 197 -11 -880,
(C) DNS involving the issuance of a clearing or grading permit not exempted
by WAC 197 -11 -800 through 197 11890,
350(2),
360(4);
(2) When the City issues a Determination of Significance to commence scoping;
(3) When a draft EIS (DEIS) is available for public comment;
(4) Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided
that if the project requires a Type 3, 4 or 5 decision, such hearing shall be consolidated with the
public hearing on the merits of the project.
(5)
(4"\
(D) DNS issued following a request for early notice pursuant to WAC 197 -11-
(E) Mitigated DNS issued pursuant to WAC 197 11350(3),
(F) DNS issued following the withdrawal of a DS pursuant to WAC 197 -11-
Whenever the responsible official determines that public notice is required.
(c) The City shall give public notice by using the public notice procedures set forth in TMC
18.100.120 and .130.
(2) Publishing notice in a newspaper of general circulation in the County, City or
general arm where the proposal is located;
notification for a certain proposal being considered;
property for site specific proposals.
(d)
Notice of public hearings on non project proposals shall be published in a newspaper of general
circulation in the City.
48
(e) The City may require an applicant to compensate the City for the costs of compliance
with the public notice requirements for the applicant's proposal and/or provide services and
materials to assist.
Section 85 Appeals (TMC 21.04.280)
TMC 21.04.280 and Ordinance 1331, §25 as amended by Ordinance 1344, §11 are amended as
follows:
(a) In the event that the Department issues a Mitigated Determination of Non Significance
(MDNS), any party of record may file an appeal challenging either the conditions which were
imposed or the failure of the Department to impose additional conditions. Any interested person
requested action made by a non elected City official pursuant to the procedures set forth in this
section. No other administrative SEPA appeal shall be allowed.
(b) All appeals filed pursuant to this section must be filed in writing with the Department
City Clerk within fourteen te calendar days of the date of issuance of the MDNS.
(c) All appeals pursuant to this section shall be consolidated with the public hearing on the
merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is
filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of
the application. No appeals pursuant to this section shall be permitted for proposals which
involve only Type 1 decisions.
(e)
Council of the pendency of th
established. The Council shall expeditiously proc €cc the appcal and in any event shall render a
decision within 60 calendar days of the date appeal is filed.
(d)
Shall-be-made-de-neve, The substantive and procedural determination by the City's responsible
official shall carry substantial weight in any appeal proceeding.
(e) For any app al under this section, the City shall provide for a record that shall consist of
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or written transcript.
Section 86 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 87 Effective date
This ordinance shall apply to all land use permit applications filed on and after April 1, 1996,
except applications for road vacations, landmark designations, and approvals related to the use of
public areas or facilities.
PASSED BY THE CITY COUIL OF THE ITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 1996.
0 I
49
Clerk shall advise the City
ATTEST /AUTHENTICATED
p Jane E. Cantu, qty Clerk
APPROVED AS TO F
Office of the City
de/14
FILED WITH THE CITY ERK: //-9‘
PASSED BY THE CITY COUNCIL: 7- 94.
PUBLISHED: 7.. 5
EFFECTIVE DATE: April 1, 1996
ORDINANCE NO.: /7 7
50
Joh
Rants, Mayor
No.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
Y City
APPROVED by the Ci Council at its meeting of 7/1 1 S�
Published Seattle Times:
CITY OF TUKWILA rJ
SUMMARY OF ORDINANCE NO. 1
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, MODIFYING EXISTING CITY ORDINANCES
TO CONFORM TO THE PROCEDURES ADOPTED IN
SEPARATE ORDINANCES TO IMPLEMENT THE PERMIT
PROCESSING REQUIREMENTS OF RCW CH. 36.70B AND THE
CONCURRENCY AND CONSISTENCY REQUIREMENTS OF
RCW 36.70A, AMENDING CHAPTER 2.04, 2.76, 14.04, 14.12,
16.52, 16.54, 17.04, 17.08, 17.12, 17.16, 17.32, 18.08, 18.44, 18.45,
18.46, 18.54, 18.56, 18.60, 18.64, 18.66, 18.70, 18.72, 18.80, 18.84,
18.88, 18.90, 18.92, 19.08, 19.12, 19.28, 19.32, AND 21.04 OFF THE
TUKWILA MUNICIPAL CODE, AND ADDING A NEW
SECTION TO CHAPTER 21.04.
19 the City Council of the City of Tukwila passed Ordinance
ding existing land use procedures to conform to RCW 36.70B.
�Y J ane E. Cantu, ity Clerk
5, (7 7
Dep. 6:6 cP