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HomeMy WebLinkAboutReg 2009-10-05 Item 6A - Ordinances - 2009 Tukwila Municipal Code Amendments COUNCIL AGENDA SYNOPSIS 0J ILA i L aitialr ITEM NO. t r;-,:i.-P tileetino Date Prepared by 1 May si review 1 Council reusenp O rt.` 09/28/09 1 JP t z90 1 1 I I P ITEM INFORMATION CAS NUMBER: 09-133 ORIGINAL DATE: SEPTEMBER 28, 2009 Ac;IND.\ IT] Tun a 2009 Housekeeping Code Amendments C.VI N( ()R Discussion n Motion n Resolution Ordinance Bid_ 12vard Public Hearing n Other Altg Date 09/28/09 Altg Date Altg Date Altg Date 10/5/09 Ails Date AItg Date 09/28/09 tlIty Date SPONSOR 1 1 Council I Mayor El Adm Svcs DCD 1 1 Finance Fire n Legal P &R 1 1 Police U PIV SPONSOR'S The Council is being asked to consider some housekeeping code changes to the Tukwila SL'al. Municipal Code. The proposed code changes range from code clarification to updating development regulations and permit processes. The Council is being asked to hold a public hearing on 9/28/09 and schedule the adoption of the proposed changes on 10/5/09. Rl\'II..wvI:D BY I 1 COW Mtg. CA &P Cmte 1 1 F &S Cmte Transportation Cmte I 1 Utilities Cmte 11 Arts Comm. U Parks Comm. Planning Comm. DATE: 05/11/09; 07/27/09; 09/14/09 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development CommITTFE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExImNDI'1'URIs RI?QUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 9/28/09 Forward to the Next Regular Meeting MTG. DATE ATTACHMENTS 09/28/09 Informational Memorandum dated 09/23/09 (amended after CAP to reflect change in section numbers after ordinance was finalized) Ordinance in Draft Form Minutes from the Planning Commission meetings 06/25/09 and 08/27/09 Minutes from the Community Affairs and Parks Committee meeting of 09/14/09 10/5/09 Ordinance in Final Form City of Tukwii-a Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION AND PLATS" AND TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Zoning Code of the City of Tukwila lists churches as a conditional use regardless of the size and does not list other religious facilities and in the past all religious facilities have been regulated similar to churches, the Council wishes to amend the code to list religious facilities as a separate use category and not require a conditional use process for smaller facilities; and WHEREAS, there are some updates needed to the landscape chapter to clarify landscaping requirements for institutional uses in Low Density Zones, and to add specifications for plant materials and soil; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City has received recommendations from Washington Cities Insurance Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City wishes to update its permit types and procedures based on WCIA's recommendations; and WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for public notice and the City wishes to update the mailing procedures to allow postcard mailings and email notifications; and WHEREAS, the Zoning Code of the City of Tukwila establishes various procedures for different types of permits and the City wishes to clarify those procedures including: establishing expiration dates for Binding Site Improvement Plans, clarifying when design review is required for multi- family developments, changing the parking determination for City parks to be an administrative process, defining an occupancy permit as used in the Zoning Code, and adding a requirement that review of technical studies may undergo peer review at the expense of the applicant; and WHEREAS, the Zoning Code of the City of Tukwila establishes various development standards and the City wishes to clarify and /or amend those development standards including: clarifying the height in MUO zone, expanding the list of accessory uses, clarifying the lot area definition to include the area of private road that serves up to four lots, increasing the roof eaves overhang in the setback area to 24 inches and allowing other types of overhangs in the setback area if approved as part of design review approval, allowing parking stalls to overhang two feet in the landscaping area, allowing front yard landscaping to be divided into a perimeter strip and other areas between the building and front property line, clarifying the definition of street to include freeways and private access roads for the purposes of determining the type of lot corner or through lot, clarifying that parking in the rear setback of a single family home is allowed if it is connected to a rear alley, changing the definition of hotel /motel to be consistent with the International Building Code, and adding a definition for an extended -stay lodging facility; and WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the zoning and subdivision code and adopted a motion recommending the proposed changes; and WHEREAS, on September 28, 2009 the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 1 of 67 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2056 §1 (part), as codified at TMC Section 8.25.020, is amended to read as follows: 8.25.020 Parking Limitations A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on properties devoted to single family residential use. B. Motor vehicles on property devoted to single family residential use shall be parked on an approved durable uniform surface. Motor vehicles, other than those specified in TMC Section 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking in the rear setback of a single family -home is permitted where the parking is connected to a rear alley. C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to all sides of a structure. D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of 1,200 square feet or 10% of the lot surface, whichever is greater. E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement on the effective date of this ordinance may be maintained, but shall not be expanded. F. Single family properties on pre existing, legal lots of record containing less than 6,500 square feet are exempt from the requirements of 8.25.020D. Section 2. Section Added. A new section is added to TMC Chapter 17.16 to read as follows: 17.16.070 Expiration If the binding site improvement plan is not recorded within one year of the date of the preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than one year. Section 3. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.073, "Definitions," are amended to read as follows: 18.06.073 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotels or motels, shelters and facilities which provide short- or long -term care for tenants suffering from physical, mental or other disabilities. Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: 18.06.287 Extended Stay Hotel or Motel "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units, as defined in this section, for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet the hotel /motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 2 of 67 Section 5. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.440, "Definitions," are amended to read as follows: 18.06.440 Hotel "Hotel" means a building or buildings or portion thereof, the units of which are used, rented or hired out as sleeping accommodations only for the purposes of transitory housing. Hotel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. Section 6. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.505, "Definitions," are amended to read as follows: 18.06.505 Lot Area "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right -of -way, street easement, fire access roads or private access roads except where the private road serves four or fewer lots. Section 7. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.585, "Definitions," are amended to read as follows: 18.06.585 Motel "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: 18.06.682 Religious Facility "Religious facility" means a facility operated for worship, prayer, meditation or similar activity by an organization granted tax exempt status by the Federal Internal Revenue Service. Section 9. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.740, "Definitions," are amended to read as follows: 18.06.740 Setbacks "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24 -inch overhang may also be allowed for portions of a building (such as a bay window) if approved as part of design review approval where the overhang provides modulation of the facade. Section 10. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 §1 (part), as codified at TMC Section 18.06.795, "Definitions," are amended to read as follows: 18.06.795 Street "Street" means a public thoroughfare that affords the principal means of access to abutting properties. Limited access state routes such as I -5, I -405, SR 518, subdivision tracts dedicated for access, private easements for access and streets that provide no access to abutting properties shall be considered streets for the purposes of determining the type of lots such as corner or through lots and their setbacks and landscape requirements. Section 11. Ordinances Amended. Ordinance Nos. 1989 52, 1976 518 and 1758 51 (part), as codified at TMC Section 18.10.030, are amended to read as follows: 18.10.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Low- Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; W: \Word Processing Ordinances \Title 18 Zoning Code Ainend.doc MD:ksn 09/29/2009 Page 3 of 67 b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinances Amended. Ordinance Nos. 2135 §3, 1976 §19, and 1758 §1 (part), as codified at TMC Section 18.10.040, are amended to read as follows: 18.10.040 Conditional Uses The following uses may be allowed within the Low Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time is twelve; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Religious facility and community center buildings. 4. Dormitories 5. Electrical substations distribution. 6. Fire and police stations. 7. Libraries, museums or art galleries (public). 8. Radio, television, microwave, cellular or observation stations and towers. W: \Word Processing Ordinances \Tide 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 4 of 67 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. Section 13. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section 18.10.055, is amended to read as follows: 18.10.055 Design Review Design review is required for all conditional and unclassified uses. Design review is also required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Section 14. Ordinances Amended. Ordinance Nos. 1989 §3, 1976 §21, and 1758 §1 (part), as codified at TMC Section 18.12.030, are amended to read as follows: 18.12.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. Minimum lot of 7,200 square feet; b. Accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. Dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. Minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet, and f. the units are not sold as condominiums. 3. Family child care homes provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 15. Ordinances Amended. Ordinance Nos. 2135 §4, 1976 §22, and 1758 §1 (part), as codified at TMC Section 18.12.040, are amended to read as follows: 18.12.040 Conditional Uses The following uses may be allowed within the Medium Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:tsn 09/29/2009 Page 5 of 67 is 12; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and 1. Bed and breakfast facilities, provided: a. the manager/ owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time d. emergency access shall be subject to the approval of the Tukwila Fire Department. 8. Electrical substations distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 16. Ordinances Amended. Ordinance Nos. 2005 §1, 1865 §11, and 1758 §1 (part), as codified at TMC Section 18.12.060, are amended to read as follows: 18.12.060 Design Review Design review is required for all new multi- family structures, mobile or manufactured home parks, and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 17. Ordinances Amended. Ordinance Nos. 1989 §4, 1976 §25, and 1758 91 (part), as codified at TMC Section 18.14.030, are amended to read as follows: 18.14.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the High Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 6 of 67 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 18. Ordinances Amended. Ordinance Nos. 2135 55, 1976 526, and 1758 51 (part), as codified at TMC Section 18.14.040, are amended to read as follows: 18.14.040 Conditional Uses The following uses may be allowed within the High- Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time is twelve; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility and community center buildings. 5. Dormitories. 6. Electrical substations distribution. 7. Fire and police stations. 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 19. Ordinances Amended. Ordinance Nos. 2097 59, 1986 55, 1976 528, 1971 57, 1830 55, 1814 52 (part) and 1758 51 (part), as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 7 of 67 4. Billiard or pool rooms. 5. Brew pubs. 6. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and similar uses. 8. Convalescent and nursing homes for not more than 12 patients. 9. Day care centers. 10. Dwelling One detached single family dwelling per existing lot. 11. Dwelling Multi- family units above office and retail uses. 12. Dwelling Senior citizen housing as a freestanding use subject to additional requirements. 13. Financial, banking, mortgage, and other services. 14. Fraternal organizations. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Medical and dental laboratories. 18. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Outpatient, inpatient, and emergency medical and dental commercial services. 20. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 21. Recreation facilities (commercial indoor), athletic or health clubs. 22. Religious facility with an assembly area less than 750 square feet. 23. Restaurants, including cocktail lounges in conjunction with a restaurant. 24. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 25. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 26. Schools and studios for education or self improvement. 27. Shelters. 28. Studios art, photography, music, voice and dance. 29. Telephone exchanges. 30. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 8 of 67 Section 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 91 (part), as codified at TMC Section 18.16.030, are amended to read as follows: 18.16.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed -Use Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Recreational area and facilities for employees. 9. Residences for security or maintenance personnel. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 21. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 916, 1830 96, and 1758 91 (part), as codified at TMC Section 18.16.040, are amended to read as follows: 18.16.040 Conditional Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Bed and breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area greater than 750 square feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals, sanitariums, or similar institutions. 9. Park and -ride lots. 10. Radio, television, microwave, or observation stations and towers. 11. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. W:\ Word Processmg Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 9 of 67 Section 22. Ordinances Amended. Ordinance Nos. 1976 530, 1872 51, 1865 518, 1830 57, and 1758 51 (part), as codified at TMC Section 18.16.080, are amended to read as follows: 18.16.080 Basic Development Standards Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi- family (except senior citizen housing), minimum Setbacks to yards, minimum: Front Second front Sides Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 3,000 sq. ft. 25 feet 12.5 feet 10 feet Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet 1 Rear 1 10 feet Rear, if any portion of the yard is Ratio of 1.5:1 setback within 50 feet of LDR, MDR, HDR (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Height, maximum 4 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements 1 Front 1 15 feet Second front 1 12.5 feet 1 Sides 1 5 feet Sides, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Rear 15 feet Rear, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off street parking: Residential (except senior citizen See TMC Chapter 18.56, Off street Parking housing) Loading Regulations Accessory dwelling unit See TMC Section 18.16.030, Accessory Uses Office, minimum 3 per 1,000 sq. ft. usable floor area Retail, minimum 12.5 per 1,000 sq. ft. usable floor area Other uses, including senior citizen See TMC Chapter 18.56, Off street Parking housing Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 10 of 67 Section 23. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 55, 1976 528, 1971 §7, 1830 §5, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.18.020, are amended to read as follows: 18.18.020 Permitted Uses The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. Day care centers. 8. Dwelling One detached single family dwelling per existing lot. 9. Financial, banking, mortgage, other services. 10. Fraternal organizations. 11. Laundries: a. self service b. dry cleaning c. tailor, dyeing 12. Libraries, museums or art galleries (public). 13. Medical and dental laboratories. 14. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Outpatient, inpatient, and emergency medical and dental commercial services. 16. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 17. Recreation facilities (commercial indoor), athletic or health clubs. 18. Religious facility with an assembly area less than 750 square feet. 19. Restaurants, including cocktail lounges in conjunction with a restaurant. 20. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 21. Schools and studios for education or self improvement. 22. Shelters. 23. Studios art, photography, music, voice and dance. 24. Telephone exchanges. 25. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 11 of 67 Section 24. Ordinances Amended. Ordinance Nos. 1976 §32, and 1758 §1 (part), as codified at TMC Section 18.18.030, are amended to read as follows: 18.18.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 25. Ordinances Amended. Ordinance Nos. 2135 57, 1986 55, 1976 533, 1865 519, 1830 59, and 1758 51 (part), as codified at TMC Section 18.18.040, are amended to read as follows: 18.18.040 Conditional Uses The following uses may be allowed within the Office District, subject to the requirements, procedures, and conditions established by TMC Section 18.18.64, Conditional Use Permits. 1. Cemeteries and crematories. 2. Religious facility with an assembly area greater than 750 square feet and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals, sanitariums, or similar institutions. 8. Park and -ride lots. 9. Radio, television, microwave, or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 12 of 67 Section 26. Ordinances Amended. Ordinance Nos. 2097 §12, 1976 §36 and 1758 §1 (part), as codified at TMC Section 18.20.020, are amended to read as follows: 18.20.020 Permitted Uses The following uses are permitted outright within the Residential Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling One detached single family dwelling per existing lot. 7. Dwelling Multi- family units above office and retail uses. 8. Fix -it, radio or television repair shops /rental shops. 9. Greenhouses or nurseries (commercial). 10. Laundries: a. self service b. dry cleaning c. tailor, dyeing 11. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 13. Religious facility with an assembly area less than 750 square feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 27. Ordinances Amended. Ordinance Nos. 1976 §37 and 1758 §1 (part), as codified at TMC Section 18.20.030, are amended to read as follows: 18.20.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial Center District. 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 13 of 67 d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities or schools. 3. Family child care homes provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 28. Ordinances Amended. Ordinance Nos. 2135 §8, 1976 §38, 1814 §3 and 1758 §1 (part), as codified at TMC Section 18.20.040, are amended to read as follows: 18.20.040 Conditional Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Brew pubs. 2. Convalescent and nursing homes for not more than 12 patients. 3. Fire and police stations. 4. Fraternal organizations. 5. Libraries, museums or art galleries (public). 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 8. Religious facility with an assembly area greater than 750 square feet and community center buildings. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 29. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.22.020, are amended to read as follows: 18.22.020 Permitted Uses The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beaut or barber shops. 4. Bicycle repair shops. 5. Brew pubs. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 14 of 67 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling One detached single family dwelling per existing lot. 13. Dwelling Multi- family units above office, and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix -it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, or three stories in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Outpatient, inpatient, and emergency medical and dental. 23. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 24. Plumbing shops (no tin work or outside storage). 25. Recreation facilities (commercial indoor), athletic or health clubs. 26. Religious facility with an assembly area less than 750 square feet. 27. Restaurants, including cocktail lounges in conjunction with a restaurant. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 15 of 67 28. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 29. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 30. Schools and studios for education or self- improvement. 31. Studios art, photography, music, voice and dance. 32. Telephone exchanges. 33. Theaters, excluding "adult entertainment establishments as defined by this Code. 34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 35. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 30. Ordinances Amended. Ordinance Nos. 1976 §41 and 1758 §1 (part), as codified at TMC Section 18.22.030, are amended to read as follows: 18.22.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial Center District. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 16 of 67 Section 31. Ordinances Amended. Ordinance Nos. 2135 59, 1865 523, 1830 512 and 1758 51 (part), as codified at TMC Section 18.22.040, are amended to read as follows: 18.22.040 Conditional Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Religious facility with an assembly area greater than 750 square feet and community center buildings. 2. Colleges and universities. 3. Convalescent and nursing homes for more than 12 patients. 4. Electrical substations distribution. 5. Fire and police stations. 6. Park and -ride lots. 7. Radio, television, microwave, or observation stations and towers. 8. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 32. Ordinances Amended. Ordinance Nos. 2021 52, 1986 57, 1971 510, 1865 527, 1830 514, 1814 52 (part) and 1758 51 (part), as codified at TMC Section 18.24.020, are amended to read as follows: 18.24.020 Permitted Uses The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this Chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 17 of 67 16. Day care centers. 17. Dwelling Multi- family units on a lot that does not front on Tukwila International Boulevard subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2. -4., Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Outpatient, inpatient, and emergency medical and dental. 36. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 37. Planned shopping center (mall). 38. Plumbing shops (no tin work or outside storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 square feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 44. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 18 of 67 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Schools and studios for education or self improvement. 47. Self- storage facilities. 48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 49. Studios art, photography, music, voice and dance. 50. Taverns, nightclubs. 51. Telephone exchanges. 52. Theaters, excluding "adult entertainment establishments as defined by this Code. 53. Warehouse storage and /or wholesale distribution facilities. 54. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 33. Ordinances Amended. Ordinance Nos. 1989 §5, 1976 §43 (part) and 1758 §1 (part), as codified at TMC Section 18.24.030, are amended to read as follows: 18.24.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 34. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3, 1865 §28, 1830 §15 and 1758 §1 (part), as codified at TMC Section 18.24.040, are amended to read as follows: 18.24.040 Conditional Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 19 of 67 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Internet data/ telecommunication centers. 12. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 13. Park and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 35. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.26.020, are amended to read as follows: 18.26.020 Permitted Uses The following uses are permitted outright within the Regional Commercial Mixed -Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Dwelling Multi- family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: W: \Word Processing Ordinances \Tide 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 20 of 67 a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Outpatient, inpatient, and emergency medical and dental. 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 37. Planned shopping center (mall). 38. Plumbing shops (no tin work or outside storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 square feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 44. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Schools and studios for education or self improvement. 47. Self- storage facilities. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 21 of 67 48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 49. Studios art, photography, music, voice and dance. 50. Taverns, nightclubs. 51. Telephone exchanges. 52. Theaters, excluding "adult entertainment establishments as defined by this Code. 53. Warehouse storage and /or wholesale distribution facilities. 54. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 36. Ordinances Amended. Ordinance Nos. 1989 §6, 1986 §5, 1976 §49 and 1758 §1 (part), as codified at TMC Section 18.26.030, are amended to read as follows: 18.26.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 37. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1 (part), as codified at TMC Section 18.26.040, are amended to read as follows: 18.26.040 Conditional Uses The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums or similar institutions. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 22 of 67 11. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park and -ride lots. 13. Pawnbrokers. 14. Radio, television, microwave, or observation stations and towers. 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 38. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section 18.28.020, is amended to read as follows: 18.28.020 Permitted Uses The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel hailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix -it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09 /29/2009 Page 23 of 67 26. Internet data /telecommunication centers 27. Laundries; a. self service b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 30. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 32. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. medical b. dental c. government; excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Outpatient, inpatient, and emergency medical and dental. 38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 39. Pawnbrokers 40. Planned shopping center (mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 48. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 50. Schools and studios for education or self improvement. 51. Self- storage facilities. 52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 24 of 67 53. Studios art, photography, music, voice and dance. 54. Taverns, nightclubs. 55. Telephone exchanges. 56. Theaters, excluding "adult entertainment establishments as defined by this Code. 57. Warehouse storage and /or wholesale distribution facilities. 58. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 39. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section 18.28.030, is amended to read as follows: 18.28.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 40. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2 (part), as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Bed and breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling Multi- family units (max. 22.0 units /acre except senior citizen housing which is allowed to 100 units/ acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 25 of 67 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals, sanitariums, or similar institutions. 14. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park and -ride lots. 16. Radio, television, microwave, or observation stations and towers. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. Section 41. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830 §23, 1814 §2 (part) and 1758 91 (part), as codified at TMC Section 18.30.020, are amended to read as follows: 18.30.020 Permitted Uses The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. W: \Word Processing Ordinances \Title 18 Zoning Code Amenddoc MD:ksn 09/29/2009 Page 26 of 67 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Day care centers. 18. Extended -stay hotel /motel 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing, and publishing. 27. Internet data /telecommunication centers 28. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 31. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 32. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical b. dental c. government, excluding fire and police d. stations e. professional f. administrative g. business, such as travel, real estate h. commercial W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 27 of 67 39. Outpatient, inpatient, and emergency medical and dental. 40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks, (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor) athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations that are entirely enclosed within a building. 55. Schools and studios for education or self improvement. 56. Self- storage facilities. 57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 58. Studios art, photography, music, voice and dance. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding "adult entertainment establishments as defined by this Code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and /or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 42. Ordinances Amended. Ordinance Nos. 1989 §8, 1976 §52 and 1758 §1 (part), as codified at TMC Section 18.30.030, are amended to read as follows: 18.30.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Commercial Light Industrial District. 1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 28 of 67 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 43. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36, 1830 §24 and 1758 §1 (part), as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park- and -ride lots. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 44. Ordinances Amended. Ordinance Nos. 2021 §6, 1986 §11,1974 §7, 1971 §14, 1814 §2 (part), 1774 §1 and 1758 §1 (part), as codified at TMC Section 18.32.020, are amended to read as follows: 18.32.020 Permitted Uses The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 29 of 67 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, "Off Street Parking and Loading Regulations." 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops/ rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data/ telecommunication centers. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 30 of 67 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles, and woods. 33. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38. Outpatient, inpatient, and emergency medical and dental. 39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (Mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lum- ber /building materials, lawn and garden supplies, farm supplies. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a building. 54. Schools and studios'for education or self improvement. 55. Self- storage facilities. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 31 of 67 56. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Taverns, nightclubs. 58. Telephone exchanges. 59. Theaters, excluding "adult entertainment establishments," as defined by this Code. 60. Tow truck operations, subject to all additional State and local regulations. 61. Truck terminals. 62. Warehouse storage and /or wholesale distribution facilities. 63. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 45. Ordinances Amended. Ordinance Nos. 1976 §54 and 1758 §1 (part), as codified at TMC Section 18.32.030, are amended to read as follows: 18.32.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Light Industrial District, as follows: 1. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 46. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1 (part), as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals, sanitariums, or similar institutions. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park and -ride lots. 13. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 32 of 67 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 47. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2 (part), 1774 §2 and 1758 §1 (part), as codified at TMC Section 18.34.020, are amended to read as follows: 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading Regulations." 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Extended -stay hotel /motel. 17. Financial: W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 33 of 67 a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 31. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 32. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Outpatient, inpatient, and emergency medical and dental. 41. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 42. Pawnbrokers. 43. Planned shopping center (mall). W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 34 of 67 44. Plumbing shops (no tin work or outside storage). 45. Railroad tracks, (including lead, spur, loading or storage). 46. Recreation facilities (commercial indoor), athletic or health clubs. 47. Religious facility with an assembly area less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 53. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55. Salvage and wrecking operations. 56. Schools and studios for education or self improvement. 57. Self- storage facilities. 58. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Taverns, nightclubs. 61. Telephone exchanges. 62. Theaters, excluding "adult entertainment establishments as defined by this Code. 63. Tow truck operations, subject to all additional State and local regulations. 64. Truck terminals. 65. Warehouse storage and /or wholesale distribution facilities. 66. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 48. Ordinances Amended. Ordinance Nos. 1971 §55 and 1758 §1 (part), as codified at TMC Section 18.34.030, are amended to read as follows: 18.34.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Heavy Industrial District, as follows: 1. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 35 of 67 c. consistent with the policies of the Tukwila Comprehensive Plan. Section 49. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 (part) and 1758 §1 (part), as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals, sanitariums, or similar institutions. 11. Park and -ride lots. 12. Radio, television, microwave, or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. Section 50. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2 (part), 1774 §3 and 1758 §1 (part), as codified at TMC Section 18.36.020, are amended to read as follows: 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 36 of 67 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Commercial laundries. 8. Contractor storage yards. 9. Day care centers. 10. Extended -stay hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing, and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 18. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 19. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 20. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 21. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 22. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 23. Motels. 24. Offices including but not limited to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet. 25. Outpatient, inpatient, and emergency medical and dental. 26. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 27. Railroad tracks, (including lead, spur, loading or storage). 28. Recreation facilities (commercial indoor) athletic or health clubs. 29. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 30. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 31. Research and development facilities. 32. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant W: \Word Processing Ordinances \Title 18 Zoning Code Amend.dac MD:ksn 09/29/2009 Page 37 of 67 33. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 34. Salvage and wrecking operations which are entirely enclosed within a building. 35. Self- storage facilities. 36. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 37. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Taverns, nightclubs. 39. Telephone exchanges. 40. Tow truck operations, subject to all additional State and local regulations. 41. Truck terminals. 42. Warehouse storage and /or wholesale distribution facilities. 43. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 51. Ordinances Amended. Ordinance Nos. 1976 §56 and 1758 §1 (part), as codified at TMC Section 18.36.030, are amended to read as follows: 18.36.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial District, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 52. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 59, 1986 514, 1974 510, 1971 516, 1814 52 (part), 1774 54 and 1758 51 (part), as codified at TMC Section 18.38.020, are amended to read as follows: 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: W:\ Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 38 of 67 (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Day care centers. 10. Extended -stay hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing, and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 18. Libraries, museums or art galleries (public). 19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 20. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 21. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 22. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 23. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 24. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. W: \Word Processing \Ordinances \Tide 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 39 of 67 25. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 26. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 27. Motels. 28. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 29. Outpatient, inpatient, and emergency medical and dental. 30. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 31. Railroad tracks, (including lead, spur, loading or storage). 32. Recreation facilities (commercial indoor), athletic or health clubs. 33. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 34. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 35. Research and development facilities. 36. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 37. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 38. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 39. Salvage and wrecking operations. 40. Schools and studios for education or self improvement. 41. Self- storage facilities. 42. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 43. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 44. Taverns, nightclubs. 45. Telephone exchanges. 46. Tow truck operations, subject to all additional State and local regulations. 47. Truck terminals. 48. Warehouse storage and /or wholesale distribution facilities. 49. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 53. Ordinances Amended. Ordinance Nos. 1976 §57 and 1758 §1 (part), as codified at TMC Section 18.38.030, are amended to read as follows: 18.38.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial District, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as universities, colleges or schools. 3. Parking areas. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 40 of 67 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 54. Ordinances Amended. Ordinance Nos. 2235 98, 2097 917, 2021 §10, 1986 915, 1974 911, 1971 917, 1830 925, 1814 92, 1774 95 and 1758 91 (part), as codified at TMC Section 18.40.020, are amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor storage yards. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 41 of 67 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Day care centers. 18. Dwelling One detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix-it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing, and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Outpatient, inpatient, and emergency medical and dental. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 45. Railroad tracks, (including lead, spur, loading or storage). 46. Recreation facilities (commercial indoor), athletic or health clubs. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 42 of 67 47. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 48. Religious facility with an assembly area of less than 750 square feet. 49. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 50. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 51. Research and development facilities. 52. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 53. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 54. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 55. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Salvage and wrecking operations that are entirely enclosed within a building. 57. Schools and studios for education or self improvement. 58. Self- storage facilities. 59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Studios art, photography, music, voice and dance. 61. Taverns, nightclubs. 62. Telephone exchanges. 63. Theaters, excluding "adult entertainment establishments as defined by this Code. 64. Tow truck operations, subject to all additional State and local regulations. 65. Truck terminals. 66. Warehouse storage and /or wholesale distribution facilities. 67. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 55. Ordinances Amended. Ordinance Nos. 1976 §59 and 1758 §1 (part), as codified at TMC Section 18.40.030, are amended to read as follows: 18.40.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Valley South District, as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. W: \Word Processing Ordinances \Title 18 Zoning Code Panend.doc MD:ksn 09/29/2009 Page 43 of 67 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 56. Ordinances Amended. Ordinance Nos. 2135 §18, 1865 §46, 1830 §26 and 1758 §1 (part), as codified at TMC Section 18.40.040, are amended to read as follows: 18.40.040 Conditional Uses The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Dwelling Multi- family units (maximum 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 9. Electrical substations distribution. 10. Fire and police stations. 11. Hospitals, sanitariums, or similar institutions. 12. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 14. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 15. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 16. Park- and -ride lots. 17. Radio, television, microwave, or observation stations and towers. 18. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 19. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 21. Salvage and wrecking operations. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 44 of 67 22. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Section 57. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section 18.41.020, is amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult day care. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon, which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenters shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Day care centers. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 45 of 67 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi- family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals, sanitariums and similar uses. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing, and publishing. 32. Internet data telecommunication centers. 33. Laundries: a. self- service b. dry cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 36. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 37. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 38. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Outpatient, inpatient, and emergency medical and dental. 45. Pawnbrokers. 46. Planned shopping center (mall) up to 500,000 square feet. 47. Plumbing shops (no tin work or outside storage). W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 46 of 67 48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 49. Private stable. 50. Recreation facilities (commercial indoor), athletic or health clubs. 51. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 52. Religious facility with an assembly area of less than 750 square feet. 53. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 54. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 55. Research and development facilities. 56. Restaurants, including: a. drive through b. sit down, cocktail lounges in conjunction with a restaurant 57. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 58. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 59. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Schools and studios for education or self improvement. 61. Self storage facilities. 62. Sewage lift stations. 63. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 64. Studios art, photography, music, voice and dance. 65. Taverns, nightclubs. 66. Telephone exchanges. 67. Theaters for live performances only, not including adult entertainment establishments. 68. Tow truck operations, subject to all additional State and local regulations. 69. Water pump station. 70. Vehicle storage (no customers on site; does not include park- and -fly operations). 71. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 58. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section 18.41.030, is amended to read as follows: 18.41.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila South Overlay District as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 47 of 67 e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 59. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section 18.41.040, is amended to read as follows: 18.41.040 Conditional Uses The following uses may be allowed within the Tukwila South Overlay District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title and subject to a determination that the use is consistent with and furthers the vision and principles established by the Tukwila South Master Plan. 1. Cemeteries and crematories. 2. Religious facility with an assembly area greater than 750 square feet and community center buildings. 3. Helipads, accessory. 4. Utilities, regional. 5. Mortician and funeral homes. 6. Park and -ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Rock crushing, asphalt or concrete botching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 9. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 11. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other conditional uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 60. Section Added. A new section is added to TMC Chapter 18.50 to read as follows: 18.50.200 Peer Review of Technical Studies The Department of Community Development will review all technical information submitted as part of any application to verify it meets all requirements of the Tukwila Municipal Code. At the discretion of the Director, any technical studies required as part of the application including, but not limited to, noise reports, lighting plans, and parking demand studies, may undergo peer review at the expense of the applicant. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 48 of 67 Section 61. Ordinances Amended. Ordinance Nos. 2235 §13 and 1852 §14, as codified at TMC Section 18.52.020, are amended to read as follows: 18.52.020 Perimeter Landscaping Requirements by Zone District A. In the various zone districts of the City, landscaping in the front, rear and side yards shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table. Front Yard Landscape Landscape Zoning Districts (Second Type for Side Rear Type for Front) Fronts Yard Yard Side/Rear LDR (for uses other 15 Type I 10 10 Type I than dwelling units) MDR 15 Type I 10 10 1 Type I HDR 15 (1.2) Type I 10 10 Type I MUO 15 (12.5) Type I 1 5 I 5 Type I 0 15 (12.5) Type I (6) I 5 (3) I 5 Type I RCC 20 (10) Type I 1 5 I 10 Type II NCC 5 Type I 0 0 Type II RC 10 Type I 5 0 Type II RCM 10 Type I 5 0 Type II TUC 15 Type I 0 0 Type II C /LI 12.5 Type I 5 0 Type II LI 12.5 1 Type II 0 0 Type III HI 12.5 I Type H I 0 0 Type III MIC /L I 5 1 Type II 0 0 Type III MIC /H 5 Type II 0 0 Type III TVS 15 Type II 1 0 0 Type III TSO I 15 Type I 1 0 I 0 Type III Notes: Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their required landscape area developed for pedestrian and transit facilities upon approval as a Type 2 special permission decision. In order to provide flexibility of the site design while still providing the full amount of landscaping required by code, the front yard landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line, if the perimeter strip is a minimum of ten feet and the landscape materials are sufficient to provide landscaping along the perimeter and screening of the building mass. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2 special permission decision. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR. HDR. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or Only required along public streets. (10) Increased to 10 feet if adjacent to residential uses or non -TSO zoning. B. The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 49 of 67 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. Section 62. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section 18.52.030, is amended to read as follows: 18.52.030 Perimeter Landscape Types A. Type I landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted berm at least 24 inches high; and c. Living groundcover to cover 90% of the landscape area within three years. B. Type II landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; and c. Living groundcover to cover 90% of the landscape area within three years. C. Type III landscape perimeter. 1. Purpose is to provide extensive visual separation between industrial areas and nearby residential areas. 2. Plant materials shall consist of the following: a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and b. Shrubs to provide a solid planting screen with a height of five to eight feet or a solid wooden fence or masonry wall to be approved by the Community Development Director; and c. Living groundcover to cover 90% of the landscape area within three years. D. Plant material requirements. 1. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association ANLA), and shall be healthy, vigorous, and well formed, with well developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, lack of excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (hardened -off). 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. 3. Deciduous trees shall be used to allow visual access to entryways, signage and pedestrian use areas. 4. Evergreen shrubs shall be used to screen parking lots along street frontages. 5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be evergreen. 6. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 7. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined according to the American Standard for Nursery Stock. 8. Shrubs shall be at least 18 inches in height at time of planting. 9. No plants listed on the current King County Noxious Weed list may be used. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 50 of 67 10. Existing vegetation may be used to meet the requirements of this chapter. All significant trees located within any required perimeter landscaping area which are not dead, dying, or diseased and which do not pose a safety hazard as determined by the Community Development Director shall be retained. 11. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada. Section 63. Ordinance Amended. Ordinance No. 2235 §14 (part), as codified at TMC Section 18.52.035, is amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. 1. Requirements for each distinctly separate parking area within the LDR zone for uses other than dwelling units, and in the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 -40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi- Family Design Guidelines, Site Planning Section, No. 31 for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21-40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking lots within the RC, RCM, TUC, C /LI, TSO and TVS zones: a. For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or otherwise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. Interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area with no stall more than 10 stalls or 100 feet from a landscape area. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. e. A minimum of 1 evergreen or deciduous tree is required per landscape island with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 64. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section 18.52.040, is amended to read as follows: 18.52.040 General Landscape and Screening Requirements A. Appropriate plant materials. New plant materials shall include native species or non- native species that have adapted to the climatic conditions of the Puget Sound Region and are suited to the planting site, taking into account final plant size, stresses such as heat or freezing, space for planting, overhead lines or underground utilities present and shade or sun exposure. Drought resistant species are encouraged, except where site conditions within the required landscape areas assure adequate moisture for growth. Grass may be used as a groundcover W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 51 of 67 where existing or amended soil conditions assure adequate moisture for growth. Landscape perimeter trees should be selected for compatibility with existing plant material or street trees. B. Site preparation. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetation's long -term health and survival and shall include incorporation and tilling in of organic material to a depth of 18 inches and mulching. C. Coverage standards. All landscaped areas in the MDR and HDR zones (including shrub beds) shall achieve 90% live ground coverage in three years and all areas not occupied by a building (including surface parking areas) shall achieve 40% horizontal tree coverage in ten years. D. Visibility. The landscaping shall not obstruct view from or into the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. No shrubs shall be planted or allowed to grow over two feet in height within thirty feet of intersecting curblines or pavement edges (see TMC Section 11.20.090). No tree may be planted within two feet of a sidewalk or pavement edge. E. Outside storage areas. Outdoor storage shall be screened from abutting public and private streets and from adjacent properties. Such screens shall be a minimum of eight feet high and not less than 60% of the height of the material stored. Said screens shall be specified on the plot plan and approved by the Community Development Director. Except in the MDR and HDR zones, where outdoor storage shall be fully screened from all public roadways and adjacent parcels with a sight obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping. A top screen cover may be exempted if the item(s) has a finished top and an equivalent design quality is maintained. The screening structure shall reflect building architecture as determined by the BAR to be appropriate. F. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen plant materials and /or fences or masonry walls. G. Fences. All fences shall be placed on the interior side of any required perimeter landscaping. H. Lighting. Trees shall not be planted in locations where they would obstruct existing or planned street or site lighting. I. Automatic irrigation. All landscape areas shall be served by an automatic irrigation system. Water conservation features such as moisture sensors with automatic rain shut -off devices, automatic timers, pressure regulating devices, backflow prevention devices, separate irrigation zones for grass and planting beds, and sprinkler heads matched to site and plant conditions shall be installed. Irrigation water shall be applied with goals of avoiding runoff and overspray onto adjacent property, non irrigated areas and impervious surfaces. J. Utility easements. Utility easements and other similar areas between property lines and curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In areas of overhead transmission lines, no shrubs or trees over 20 feet at maturity will be allowed. Trees should not be planted within 10 feet of underground water, sewer or storm drainage pipes. Section 65. Ordinances Amended. Ordinance Nos. 1971 §19 and 1872 §14 (part), as codified at TMC Section 18.52.050, are amended to read as follows: 18.52.050 Landscape Plan Requirements A. A Washington State licensed landscape architect shall prepare and stamp the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. Included in the plans shall be type, quantity, spacing and location of plants and materials, site preparation and specifications for soils and mulches, location of all overhead and underground utilities (so as to avoid conflicts with proposed planting locations), typical planting details and the location of irrigation systems. B. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the certificate of occupancy. If necessary due to weather conditions or construction scheduling the installation may be postponed to the next planting season if approved by the Community Development Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. The property owner shall keep all planting areas free of weeds and trash and replace any W:\ Word Processing \Ordinances \Title 18 Zoning Code Ainend.doc MD:ksn 09/29/2009 Page 52 of 67 unhealthy or dead plant materials for the life of the project in conformance with the intent of the approved landscape plan and TMC Section 8.28.180. Section 66. Ordinances Amended. Ordinance Nos. 1795 §3 (part) and 1758 §1 (part), as codified at TMC Section 18.56.040, are amended to read as follows: 18.56.040 General Requirements Any required off street parking and loading facilities shall be developed in accordance with the following standards: 1. Location. Any on- premises parking area which contains parking stalls located more than 1,000 feet from the principal use shall require Board of Architectural Review approval for the entire parking lot. 2. Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where one car is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem parking spaces will be designed for full size rather than compact size vehicles based on the dimensions in Figure 18 -6. 4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off street parking spaces shall not exceed 5 The slope of entrance and exit driveways providing access for off street parking areas and internal driveway aisles without parking stalls shall not exceed 15 5. Driveways and maneuverability. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Public Works Director and the Board of Architectural Review. c. All parking spaces shall be internally accessible to one another without reentering adjoining public streets. d. When off street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to rear parking area, such driveway shall require a minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the building, curbed or raised six inches above the driveway surface. e. Ingress and egress to any off street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or Planning Commission may require ingress separate from an egress for smoother and safer flow of traffic. 6. The Director may require areas not designed or approved for parking to be appropriately marked and/ or signed to prevent parking. 7. Surface. a. The surface of any required off street parking or loading facility shall be paved with asphalt, concrete or other similar approved material(s) and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. All traffic- control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. c. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. d. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. e. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 8. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right -of -way. 9. Obstructions. No obstruction which would restrict car door opening shall be permitted within five feet of the centerline of a parking space. W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 53 of 67 10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 11. Curb -cuts. All parking areas shall have specific entrance and /or exit areas to the street. The width of access roads and curb -cuts shall be determined by the Public Works Director. The edge of the curb -cut or access road shall be as required by the Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single- family districts shall be limited to a maximum of 20 feet in width and the location shall be approved by the Public Works Director. 12. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. Section 67. Ordinances Amended. Ordinance Nos. 1795 §3 and 1758 §1 (part), as codified at TMC Section 18.56.050, are amended to read as follows: 18.56.050 Required Number of Parking Spaces The minimum number of off street parking spaces for the listed uses shall be as shown in Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or primary use. Any additional uses, either secondary or accessory in nature, must have parking available that does not impact the minimum parking of the original or primary use. This extends to parking spaces used for park- and -fly lots or use of parking for storage or outdoor display. Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles Use Single family and multi- family dwellings Senior Citizen Housing Religious facilities, mortuaries and funeral homes Colleges, Universities, Vocational Schools and other post- secondary educational institutions Convalescent /nursing/ rest homes Food stores and markets High schools Hospitals Automobile Standard 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats Shall be determined by Planning Commission, based on an evaluation of information concerning traffic generated by proposed use. 1 for every 4 beds with a minimum of 10 stalls 1 for each 300 square feet of usable floor area 1 for each staff member plus 2 for every 5 students or visitors 1 for each bed W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Bicycle Standard For multi- family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Page 54 of 67 Hotels, motels and extended stay Manufacturing Office, commercial and professional buildings, banks, dental and medical clinics Outdoor sports areas Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs Post offices Public facilities, including libraries, police and fire stations Restaurant Restaurant, Fast food Retail Sales, Bulk Retail Sales, General 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 3 for each 1,000 square feet of usable floor area Shall be determined by Planning Commission The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 3 for each 1,000 square feet of usable floor area Shall be determined by the Planning Commission 1 for each 100 square feet of usable floor area 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 2.5 for each 1,000 square feet of usable floor area 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. W: \Word Processing \Ordinances \Tide 18 Zoning Code Amend.doc MD:ksn 09/29/2009 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Page 55 of 67 Schools, Elementary 1.5 for each staff member 1 space per classroom Junior High Shopping center (mall), planned, per usable floor area size, as listed below 500,000 sq. ft. or larger 5 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. 25,000 499,999 sq. ft. 4 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 100 seats, with a minimum of 2 spaces. Taverns 1 for every 4 persons based on occupancy load. Theaters 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy. 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Section 68. Ordinance Amended. Ordinance No. 2135 51 (part), as codified at TMC Section 18.58.040, is amended to read as follows: 18.58.040 Permits Required A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable requirements of TMC Title 18. B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by the Director for all projects located on public or private property. The Director of Public Works or his /her designee shall review all proposed wireless communication facilities that are totally within City right -of -way. If a project is both on private or public property and City right -of- way, the DCD Director shall review the application. Regardless of whether the DCD Director or the Director of Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this Chapter. C. The applicant is responsible for obtaining all other permits from any other appropriate governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, etc.). D. This Chapter provides guidelines for the placement and construction of wireless communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions and modification of wireless communication facilities. E. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. F. Wireless communication facilities that are governed under this Chapter shall not be eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall be based on the exceptions or waivers set forth in this Chapter. G. Third Party Expert Review. Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The costs of the technical review shall be borne by the applicant. H. The selection of the third party expert may be by mutual agreement between the applicant and the City, or at the discretion of the City, with a provision for the applicant and beneficially interested parties to comment on the proposed expert and review his /her qualifications. The third party expert review is intended to address interference and public safety issues and be a site specific review of engineering and technical aspects of the proposed wireless communication facilities and /or a review of the applicants' methodology and Warehousing W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:lsn 09/29/2009 Page 56 of 67 equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the City may require changes to the application. The expert review shall address the following: 1. The accuracy and completeness of submissions; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; 4. The viability of other sites in the City for the use intended by the applicant; and 5. Any specific engineering or technical issues designated by the City. I. Any decision by the DCD Director, Director of Public Works, or Planning Commission shall be given substantial deference in any appeal of a decision by the City to either approve, approve with conditions, or deny any application for a wireless communication facility. J. No alterations or changes shall be made to plans approved by the Director, Director of Public Works, or Hearing Examiner without approval from the City. Minor changes which do not change the overall project may be approved by the Director as a minor modification. Section 69. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.050, is amended to read as follows: 18.58.050 Types of Permits Priority-- Restrictions A. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table A: (1) Type of Permit Required, Based Type of Facility Transmission tower co- location Adding antennas to an existing tower Utility pole co- location Concealed building attached Non concealed building attached New tower or waiver request TABLE A on Type of Wireless Communication Facility Zoning" Residential Commercial Industrial Type 1 Type 1 Type 1 Type 1l` Type 1" Type l Type 2 Type 2 Type 2 Type 2l' Type 2" Type I Type 2 Type 2 Type 1 Type 3l Type3 Type 3 (4) Zoning for any private /public property or right -of -way: Residential LDR, MDR, or HDR. Commercial O, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TVS. Industrial LI, HI, MIC /L, or MIC /H. Provided the height of the tower does not increase and the square footage of the enclosure area does not increase. An applicant may request to install a non concealed building attached facility, under TMC Section 18.58.150. In the event of uncertainty on the type of a wireless facility, the DCD Director shall have the authority to determine how a proposed facility is incorporated into Table A. B. The priorities for the type of wireless communication facility shall be based upon their placement in Table A; most desirable facilities are located toward the top and least desirable facilities toward the bottom. Any application for a wireless communication facility must follow the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence that using a transmission tower co- location is not possible before moving to a utility pole co- location, and so forth, with the last possible siting option being a new tower or waiver request. C. The City's preferences for locating new wireless communications facilities are as follows: 1. Place antennas on existing structures, such as buildings, towers, water towers, or electrical transmission towers. 2. Place wireless communication facilities in non residentially -zoned districts and non- residential property. 3. Place antennas and towers on public property and on appropriate rights -of -way if practical, provided that no obligation is created herein for the City to allow the use of City property or public right -of -way for this purpose. 4. City Property/Public Rights -of -Way. The placement of personal wireless communication facilities on City-owned property and public rights -of -way will be subject to other applicable sections of the Tukwila Municipal Code and review by other departments (i.e., Public Works, Parks and Recreation, etc.). W:\ Word Processing \Ordinances \Title 18 Zoning Code 6unend.doc MD:ksn 09/29/2009 Page 57 of 67 5. Wireless communication facilities shall not be permitted on property designated as landmark or as part of a historic district. D. Applicants shall submit all of the information required pursuant to TMC Section 18.104.060 and the following: 1. Type 1 Applicant shall submit: a. A completed application form provided by the Department of Community Development; b. Four sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project. Minimum size is 8.5" by 11 Plans shall be no greater than 24" x 36 c. A letter from the applicant outlining the proposed project and an evaluation from the applicant with regard to the City's Code requirements; d. Sensitive Area studies and proposed mitigation (if required); e. If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with TMC Chapter 8.22, "Noise and f. SEPA Application (if required). 2. Type 2 Applicant shall submit all information required for a Type 1 application, plus the following: a. Four sets of photo simulations that depict the existing and proposed view of the proposed facility; b. Materials board for the screening material; c. Landscaping plan; d. Letter from a radio frequency engineer that demonstrates that the facility meets Federal requirements for allowed emissions; e. If the facility is located within a residential zone, a report from a radio frequency engineer explaining the need for the proposed wireless communication facility. Additionally, the applicant shall provide detailed discussion on why the wireless communication facility cannot be located within a commercial or industrial zone; and f. If landscaping is proposed, four sets of a landscaping plan prepared by a Washington State licensed architect. 3. Type 3 The applicant shall submit all the information required for Type 1 and Type 2 applications, plus the following: a. All information required for new towers under TMC Section 18.58.070; b. The radio frequency engineer report shall include a discussion of the information required under TMC Section 18.58.070. The report shall also explain why a tower must be used instead of any of the other location options outlined in Table 1; c. Provisions for mailing labels for all property owners and tenants /residents within 500 feet of the subject property; d. Engineering plans for the proposed tower; e. A vicinity map depicting the proposed extent of the service area; f. A graphic simulation showing the appearance of the proposed tower and ancillary structures and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Director of DCD and applicant, All plans and photo simulations shall include the maximum build -out of the proposed facility; g. Evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions; h. Evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all affected agencies; and i. Evidence that the tower has been designed to meet the minimum structural standards for wireless communication facilities for a minimum of three providers of voice, video or data transmission services, including the applicant, and including a description of the number and types of antennas the tower can accommodate. W:\ Word Processing Ordinances \Title 18 Zoning Code Anend.doc MD:ksn 09/29/2009 Page 58 of 67 Section 70. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.060, is amended to read as follows: 18.58.060 New Towers A. New towers are not permitted within the City unless the Hearing Examiner finds that the applicant has demonstrated by a preponderance of the evidence that: 1. Coverage objective There exists an actual (not theoretical) significant gap in service, and the proposed wireless communication facility will eliminate such significant gap in service; and 2. Alternates No existing tower or structure, or other feasible site or other alternative technologies not requiring a new tower in the City, can accommodate the applicants proposed wireless communication facility; and 3. Least intrusive: The proposed new wireless communication facility is designed and located to remove the significant gap in service in a manner that is, in consideration of the values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehen- sive Land Use Plan, the least intrusive upon the surrounding area. B. The Hearing Examiner shall be the reviewing body on the application to construct a new tower, and shall determine whether or not each of the above requirements are met. Examples of evidence demonstrating the foregoing requirements include, but are not limited to, the following: objective; 1. That the tower height is the minimum necessary in order to achieve the coverage 2. That no existing towers or structures or alternative sites are located within the geographic area required to meet the applicant's engineering requirements to meet its coverage objective (regardless of the geographical boundaries of the City); 3. That existing towers or structures are not of a sufficient height or could not feasibly be extended to a sufficient height to meet the applicants engineering requirements to meet its coverage objective; 4. That existing structures or towers do not have sufficient structural strength to support the applicants proposed antenna and ancillary facilities; 5. That the applicants proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicants proposed antenna; 6. That the fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; 7. That an alternative technology that does not require the use of a new tower, such as a cable microcell network using multiple low- powered transmitters /receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable; and 8. The applicant demonstrates other limiting factors that render existing towers and structures or other sites or alternative technologies unsuitable. All engineering and technological evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. C. The Hearing Examiner, after holding a public hearing, shall either approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Hearing Examiner order. Section 71. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.160, is amended to read as follows: 18.58.160 Zoning Setback Exceptions A. Generally, wireless communication facilities placed on private property must meet setbacks of the underlying zoning. However, in some circumstances, allowing modifications to setbacks may better achieve the goal of this Chapter of concealing such facilities from view. B. The Director or Hearing Examiner, depending on the type of application, may permit modifications to be made to setbacks when: 1. An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property will provide better screening and aesthetic considerations than provided under the existing setback requirements; or W: \Word Processing \Ordinances \Title 18 Zoning Code An,end.doc MD:ksn 09/29/2009 Page 59 of 67 2. The modification will aid in retaining open space and trees on the site; or 3. The proposed location allows for the wireless communication facility to be located a greater distance from residentially -zoned (LDR, MDR, and HDR) properties. C. This zoning setback modification cannot be used to waive /modify any required setback required under the State Building Code or Fire Code. Section 72. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.170, is amended to read as follows: 18.58.170 Height Waivers A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the Zoning Code, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a height waiver to these regulations; provided the applicant demonstrates the waiver(s) will substantially secure the values, objectives, standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan, and demonstrate the following: 1. The granting of the height waiver will not be detrimental to the public safety, health or welfare, or injurious to other property, and will promote the public interest; and 2. A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to: a. Topography and other site features; b. Availability of alternative site locations; c. Geographic location of property; and d. Size /magnitude of project being evaluated and availability of co- location. B. In approving the waiver request, the Hearing Examiner may impose such conditions as it deems appropriate to substantially secure the objectives of the values, objectives, standards and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan. C. A petition for any such waiver shall be submitted, in writing, by the applicant with the application for Hearing Examiner review. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant. Section 73. Ordinances Amended. Ordinance Nos. 2235 §15, 2118 §1, 2005 §17, 1865 §50 and 1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows: 18.60.030 Scope of Authority A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts, b. Developments in LI, HI, MIC /L, and MIC /H districts, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9); c. for any multi- family structures in MDR and HDR zones. 3. Development applications using the procedures of TMC Section 18.60.060, "Commercial Redevelopment Areas." W:\ Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 60 of 67 D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project. Minor amendments to an approved project may be permitted upon request to the Director where they do not substantially change the appearance, intensity or impacts of the project. Major amendments to an approved project will require submittal of a new design review application. A major amendment is a substantial change to elements of the approved plans, including substantially revised building design, alteration of circulation patterns or intensification of development on the site. Section 74. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.96.030, is amended to read as follows: 18.96.030 Review of Zoning Compliance No department, official, or employee of the City shall issue an occupancy permit until there has been endorsed thereon certification of compliance with the applicable regulations of this title by the Director or his delegate. For the purposes of Chapter 18.96, an occupancy permit shall mean the review and recording of zoning compliance as accomplished through the building permit and business license application procedures. Section 75. Ordinances Amended. Ordinance Nos. 2235 §19, 2135 §19 and 2119 §1, as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/ or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions TYPE OF PERMIT Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) 1 Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable 1 Tree Permit (TMC Chapter 18.54) 1 Community Development Director Wireless Communication Facility, Minor Community Development Director (TMC Chapter 18.58) 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. W: \Word Processing Ordinances \Tide 18 Zoning Code Amend.doc MD:ksn 09/29/2009 DECISION MAKER 1 As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director Community Development Director Page 61 of 67 Type 2 Decisions TYPE OF PERMIT Administrative Design Review (TMC Section 18.60.030) Administrative Planned Residential Development (TMC Section 18.46.110) Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC Section 18.50.060) Code Interpretation (TMC Section 18.90.010) Exception from Single Family Design Standard (TMC Section 18.50.050) Modification to Development Standards (TMC Section 18.41.100) Parking standard for use not specified (TMC Section 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 17.12) Sign Area Increase (TMC Section 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Wireless Communication Facility, Minor (TMC Chapter 18.58) INITIAL DECISION MAKER Community Development Director Short Plat Committee Short Plat Committee W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Community Development Director Community Development Director Community Development Director Community Development Director Short Plat Committee Community Development Director Community Development Director Community Development Director Hearing Examiner Hearing Examiner Hearing Examiner APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development State Shorelines Director Hearings Board Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Community Development Hearing Examiner Director Community Development Hearing Examiner Director 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT Resolve uncertain zone district boundary Variance (zoning, shoreline, sidewalk, land alteration, sign) TSO Special Permission Use (TMC Section 18.41.060) Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) DECISION MAKER I APPEAL BODY Hearing Examiner Superior Court Hearing Examiner Superior Court Superior Court Superior Court Superior Court Page 62 of 67 Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Variance from Parking Standards over 10% (TMC Section 18.56.140) Shoreline Conditional Use Permit (TMC Section 18.44.050) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) TYPE OF PERMIT Public Hearing Design Review (TMC Chapter 18.60) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Unique Signs (TMC Section 19.28.010) Type 5 Decisions W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Hearing Examiner Hearing Examiner Planning Commission Hearing Examiner Hearing Examiner INITIAL DECISION MAKER Board of Architectural Review Planning Commission Planning Commission TYPE OF PERMIT Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) 1 Rezone (TMC Chapter 18.84) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) Shoreline Environment Re- designation (Shoreline Master Program) 1 Subdivision Final Plat (TMC Section 17.12.030) 1 Unclassified Use (TMC Chapter 18.66) DECISION MAKER City Council City Council City Council City Council City Council City Council Superior Court Superior Court State Shorelines Hearings Board Superior Court Superior Court 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Hearing Examiner 5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. APPEAL BODY Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Section 76. Ordinances Amended. Ordinance Nos. 2135 §20 and 1768 §2 (part), as codified at TMC Section 18.104.060, are amended to read as follows: 18.104.060 Application Requirements In order to comply with the requirements of RCW 36.70B.080 (which requires that the City specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which requires the City to determine whether applications are complete within 28 days of submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit application within 120 days of determining the application is complete), the following standards for permit applications are established: 1. Applications shall be made by the property owner, lessee, contract purchaser, governmental agency, or by an authorized agent thereof. The Department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications shall be considered complete as of the date of submittal upon determination by the Department that the materials submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of Page 63 of 67 this section, all land use permit applications shall include the following in quantities specified by the Department: a. An application form provided by the Department and completed by the applicant. The applicant shall be allowed to file a consolidated application for all land use project permits requested by the applicant for the development proposal at the time the application is filed. b. If the water utility serving the site is an entity other than the City, a current Certificate of Water Availability from the water utility purveyor serving the site pursuant to TMC Section 14.36.010. c. Site percolation data approved by the Seattle -King County Department of Environmental Health pursuant to TMC Section 14.36.020 if the site is proposed for development using a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the site if the sewer utility serving the site is an entity other than the City. d. A site plan, prepared in a form prescribed by the Director. e. Proof that the lot or lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW 58.17. f. Any sensitive areas studies required by TMC Chapter 18.45. g. A completed environmental checklist, if required by TMC Chapter 21.04. h. A list of any existing environmental documents known to the applicant or the City that evaluate any aspect of the proposed project. i. A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the City or any other governmental entity. j. A storm water design which meets the requirements set forth in the Surface Water Design Manual adopted pursuant to TMC Section 16.54.060. k. For land use permits requiring a Type 3, 4 or 5 decision: Current Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing labels addressed to the owners thereof; and a set of mailing address labels addressed to the occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses are not the same as the street addresses of the properties to which notice is required. In lieu of the mailing labels the applicant can pay public notice mailing fee as established by the Land Use Fee Schedule. 1. Legal description of the site. m. A soils engineering report for the site. n. Traffic study or studies, if required pursuant to TMC Chapter 9.48. o. A landscaping plan, if required by TMC Chapter 18.52. p. A tree- clearing plan, if required by TMC Chapter 18.54. q. A parking plan, if required by TMC Chapter 18.56. r. Design review plans and related documents, if required by TMC Chapter 18.60 or the Shoreline Master Program. s. Verification of applicable contractor's registration number, if required by RCW 18.27.110. 2. The Director may waive any of the specific submittal requirements listed in this section that are determined to be unnecessary for review of an application. 3. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department. 4. There are additional application requirements for the following land use permits, which must be provided in addition to the materials identified in this section in order for an application to be deemed complete: a. Land altering permit, see TMC Section 16.54.100, .110 and .230. b. Construction permits, see TMC Title 16, building and construction codes. c. Water system connections, see TMC Section 14.04.030. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 64 of 67 d. Sanitary sewer connection, see TMC Section 14.12.070. e. Flood control zone permit, see TMC Section 16.52.070. f. Short subdivisions, see TMC Section 17.08.030. g. Preliminary subdivisions, see TMC Section 17.12.020. h. Final subdivisions, see TMC Section 17.12.030. i. Binding site improvement plans, see TMC Section 17.16.030. j. Planned residential developments, see TMC Section 18.46.110. k. Sign permits, see TMC Section 19.12.020 and .030. 1. Shoreline substantial development permits, shoreline conditional use permits and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline Master Program. m. Wireless communication facility permits, see Chapter TMC Chapter 18.58. 5. The applicant shall attest by written oath to the accuracy of all information submitted for an application. The Department shall have the authority to require the applicant to submit a title report or other proof of ownership of the property or other proof of the applicant's authority to submit an application regarding the property. 6. Applications shall be accompanied by the payment of applicable filing fees, if any. Section 77. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section 18.104.080, is amended to read as follows: 18.104.080 Notice of Application Contents A. A Notice of Application shall be provided to the public and departments and agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for all Type 1 decisions which require SEPA review, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. If the Responsible Official has made a Determination of Significance (DS) under RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination shall be combined with the Notice of Application. If a determination of significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of Application shall also include the scoping notice required by WAC 197 -11 -360. D. All required Notices of Application shall contain the following information: 1. The file number. 2. The name of the applicant and the owner of the property, if different than the applicant. 3. A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed. 4. A statement establishing a public comment period, which shall be 14 days for Type 1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the Notice of Application, provided that a public comment period is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12, and further provided that the comment period for projects requiring a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140. 5. The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights. Any person may comment in writing on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application. 6. For Type 5 decisions, the date, time and place of the public meeting required by TMC Section 18.112.120 and an explanation of the purpose of and procedure to be followed at such meeting. 7. The date, time place and type of hearing, if applicable and scheduled at the time of notice. 8. The identification of other permits not included in the application to the extent known by the Department. W: \Word Processing Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 65 of 67 9. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and for determining consistency with applicable City requirements. E. Additional information is required by RCW 90.58 for Notices of Application for projects which require a Shoreline Substantial Development permit. F. Except for a determination of significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. Section 78. Ordinances Amended. Ordinance Nos. 1991 513, 1834 58 and 1768 52 (part), as codified at TMC Section 18.104.090, are amended to read as follows: 18.104.090 Notice of Application Procedure Notice of Application shall be provided as follows: 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the Notice of Application shall be mailed to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC Section 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC Section 18.104.110 and mailed pursuant to TMC Section 18.104.120. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. 4. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). 6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right -of -way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice 7. Email notification can substitute for large mailings where the parties of record were informed about this form of notification and they elected to receive information electronically. Section 79. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section 18.104.120, is amended to read as follows: 18.104.120 Mailed Notice A. Mailed notice shall be issued by the Department within 14 days following the Department's determination of completeness as follows: 1. To owners of record of property within 500 feet of the site, and to the occupants thereof to the extent the street addresses of such properties are different than the mailing addresses of the owners. 2. To any agency or tribe which the Department may identify as having an interest in the proposal. 3. To any other party of record. B. Mailed notice shall be considered supplementary to posted notice and be deemed satisfactory despite the failure of one or more persons to receive mailed notice. Section 80. Ordinances Amended. Ordinance Nos. 1991 514 and 1768 §2 (part), as codified at TMC Section 18.104.160, are amended to read as follows: 18.104.160 Hearing Scheduling Notice of Hearing A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC Section 18.104.120. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Page 66 of 67 In addition, at least 14 days before such hearing, the Director shall post the Notice of Hearing on any posted notice board(s) erected pursuant to TMC Section 18.104.110. Such Notice of Hearing shall include the following information: 1. The file number. 2. The name of the applicant. 3. A description of the project, the location, a list of the permits included in the application, and the location where the application, the staff report, and any environmental documents or studies can be reviewed. 4. The date, time, place and type of hearing. 5. The phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing. B. The Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines that such information would increase public awareness or understanding of the proposed project. C. Email notification can substitute for large mailings where the parties of record were informed about this form of notification and they elected to receive information electronically. Section 81. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 82. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances \Title 18 Zoning Code Amend.doc MD:ksn 09/29/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 67 of 67