HomeMy WebLinkAboutCOW 2009-09-28 Item 6A - Ordinance - 2009 Tukwila Municipal Code Amendments COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS Number 09-133 ORIGINALAGI?NDA D, \1'1?: SEPTEMBER 28, 2009
-II :ND.\ I'I'I?rI Trrl.r, 2009 Housekeeping Code Amendments
C.\'l'I :C IORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing 1 I Other
Altg Date 09/28/09 Alty Date AItg Date Altg Date 10/5/09 Altg Date Alt; Date 09/28/09 iDtg Date
Si )NSO )R 1 I Council n Mayor Adm Svcs DCD Finance Li Fire Legal 1 I P &R U Police U PIY
SPONS The Council is being asked to consider some housekeeping code changes to the Tukwila
SI'n1: \I,\RY 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.
RI ;D BY I COW Mtg. CA &P Cmte 1 1 F &S Cmte n Transportation Cmte
n Utilities Cmte n Arts Comm. 1 1 Parks Comm. 1 Planning Comm.
DATE: 05/11/09; 07/27/09; 09/14/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
CommITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExpI?NDPI'uI IS RI?QLIIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/28/09
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
TO:
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, Community Development Director
DATE: September 23, 2009
SUBJECT: 2009 Housekeeping Code Amendments
ISSUE
Jim Haggerton, Mayor
Should the Tukwila Municipal Code be amended to include some housekeeping code
changes that range from code clarification to updating development regulations and
permit processes?
Staff had briefed Community Affairs and Parks Committee on May 11, 2009, regarding
a number of housekeeping code amendments. The Committee decided to forward the
proposed amendments to Planning Commission for consideration and review. Planning
Commission was briefed on the proposed amendments on June 25, 2009. A couple of
additional items were added to the list after briefing the Committee on July 27, 2009.
Planning Commission held a public hearing on all the proposed changes on August 27,
2009 and their recommendations are reflected in the attached ordinance.
On September 14, 2009, the Community Affairs and Parks Committee was briefed on
the recommendations of the Planning Commission. The draft ordinance reviewed at
CAP meeting had grouped code amendments per each chapter of the Zoning Code.
The ordinance attached to this memo has more sections with one section for each
section of the amended code.
DISCUSSION OF THE PROPOSED CHANGES
Listed below is the summary of the proposed changes that have been incorporated in
the attached draft ordinance:
1. Section 1: This section allows parking in the rear yard setback of a single family
residence where it is connected to a rear alley.
2. Section 2 of the draft Ordinance adds an expiration date to Binding Site
Improvement Plans similar to Short Plat or Boundary Line Adjustment
applications.
3. Section 3 through 10 of the draft Ordinance: These sections amend the following
definitions:
a) Definition of a hotel and motel has been amended to limit the
accommodation to 30 days, in order to be consistent with International
Building Code. Also, a definition for an extended -stay lodging facility is
INFORMATIONAL MEMO
Page 2
added. Further the stay in an extended -stay is limited to 180 days; and
extending -stays are allowed in all zones that allow hotels /motels.
b) Per TMC 18.06.505, Lot Area means the total horizontal area within the
boundary lines of a lot and exclusive of street right -of -way, street
easement, or private access roads serving more than one lot authorized
pursuant to the subdivision ordinance. This definition does not address the
fire lanes which in many cases are similar to the private road but are
meant to serve more than one lot. Planning Commission recommended
including the area of the private road that serves up to 4 lots in the lot area
for the purposes of meeting minimum lot area requirements.
c) A new definition of a religious facility has been added. The current code
lists churches as a use but there is no definition.
d) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into
the required setbacks. Staff recommended that this 18 inch overhang may
also be allowed for other type of overhangs (such as a bay window) if it is
approved as part of design review approval of a project and the overhang
helps in providing modulation of the fagade. Planning Commission
recommended increasing the 18 inch overhang to 24 inch in addition to
allowing other types of overhangs besides roof eaves.
e) Limited access state routes such as 1 -5 and 1 -405, private access
easements and subdivision tracts for access are considered streets
according to the Zoning Code's definition. This effects the type of lots
(corner, through) and their setbacks and landscape requirements. The
definition of street has been amended to include such streets for the
purposes of determining types of lot and their setbacks and landscaping
requirements.
4. Section 11 through 59:
a) The list of primary uses in all zones has a category that lists "other uses
not specifically listed in this title which the Director determines to be
similar in nature to and compatible with other uses permitted outright
within this district, consistent with the stated purpose of this district and
consistent with the policies of the Comprehensive Plan However
accessory uses are limited to those specifically listed. A category similar to
the "other uses that are customarily accessory to the listed permitted
uses" and that are determined by the Director to be consistent with the
Comprehensive Plan has been added to the list of accessory uses in all
zones.
b) The thresholds for when design review is required in LDR, MDR and HDR
zones needed to be clarified. The proposed changes require design
review for all institutions in LDR zones. Also, the existing code does not
have any thresholds for remodels or renovations of multi family
developments. In commercial zones if the cost of any exterior work equals
or exceeds 10% of the building's assessed value then the project is
subject to design review. Staff recommended similar threshold for
residential projects in MDR and HDR zones. Planning Commission
concurred with staff. These changes have been incorporated in Section
13, 16 and 73 of the draft ordinance.
W:12009 InfoMemos\Housekeeping Code changes COW.doc
INFORMATIONAL MEMO
Page 3
c) Churches are listed as Conditional Uses in a number of zones. It came to
the City's attention that there may be about thirty small churches that are
located in multi- tenant commercial buildings. The definitions section was
amended to include a broader definition of a religious facility that would
include churches as well as synagogues, mosques etc. Further, under the
proposed changes, a facility in residential zones would still require a
Conditional Use Permit, but only a larger facility in commercial zones, with
more than 50 attendees would require a Conditional Use Permit. Planning
Commission agreed with staffs recommendations and these changes are
reflected in the attached ordinance. Per International Building Code the
occupancy load of 50 people equates to 750 square feet of floor area,
therefore any religious facility with an assembly area of less than 750
square feet is listed as a permitted use in all commercial zoning districts
and those with area larger than 750 square feet will continue to require a
Conditional Use Permit.
d) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet.
Most of other zones have a requirement of either 3 stories /35 feet or 4
stories /45 feet. The proposed changes will allow 4 stories /45feet in MUO
zone. This is reflected in Section 22 of the Ordinance.
e) Extended -stay hotels /motels are listed as permitted uses in all zones that
currently allow hotels /motels.
5. Section 60: The Department of Community Development will sometimes receive
technical reports as part of land use applications that require peer review, such
as noise reports, lighting plans, parking demand studies, geotechnical reports,
structural review reports etc. The code addresses peer review of geotechnical
reports and structural review reports and the applicant is already responsible to
reimburse the City for peer review expenses. However peer review of
miscellaneous reports such as noise reports, lighting plans and parking demand
studies is not addressed in the code. The proposed changes will add a section to
the zoning code to address that these technical reports may undergo peer review
at the expense of the applicant.
6. Section 61 through 65: These sections amend the Landscape Chapter of the
Zoning Code to include landscaping requirements for institutional uses in Low
Density Zone; adds plant and soil specifications; and allows flexibility in the
required front yard landscaping so that the required width may be divided
between the perimeter strip and one or more other landscape areas between the
building and the front property line.
7. Section 66 and 67: These sections amend the Parking Chapter of the Zoning
Code to allow a two foot overhang in the landscape area for the regular and
compact stalls. Also, the parking determination for Parks has been changed to an
administrative decision instead of the Planning Commission approval.
8. Section 68 through 72: These sections amend the Wireless Facilities Chapter
and change the references to Type 4 Planning Commission decision to Type 3
Hearing Examiner decision.
W: \2009 InfoMemos \Housekeeping Code changes COW.doc
INFORMATIONAL MEMO
Page 4
9. Section 73: This section establishes when a multifamily development in MDR and
HDR zones is subject to design review.
10. Section 74: This section clarifies the term "occupancy permit" as it is used in the
Zoning Code Sections 96.030, .060 and .070. There is no definition of an
occupancy permit in the Zoning Code. However an occupancy permit in the
Zoning Code has a different meaning than an occupancy permit in the Building
Code. The occupancy permit in the Zoning Code is interpreted by the Planning
Department to mean the review and recording of zoning compliance as
accomplished through the building permit and business license application
procedures.
11. Section 75 through 80: These sections amend the Permit Types and Procedures
section of the Zoning Code.
a) The City received a letter from Washington Cities Insurance Authority
recommending that all quasi judicial decisions be made by the Hearing
Examiner as opposed to the Planning Commission and the City Council.
The Community Affairs and Parks Committee was previously briefed on
this item. Staff recommended that the decision makers for most quasi
judicial decisions be changed to the Hearing Examiner, however decision
makers for certain decisions such as unclassified use permits, design
review and rezones be kept the same until such time that substantive
changes are made to the approval criteria. Planning Commission's
recommendations are reflected in the attached ordinance.
b) In order to allow postcard mailing for city notices references to First Class
mailing and 81/2 x11 inch site plan requirement have been deleted.
Further, email notification is allowed where the parties of record choose to
receive this form of notification. Also, payment in lieu of providing mailing
labels has been referenced.
RECOMMENDATION
Hold the public hearing at the September 28, 2009 meeting and schedule the adoption
of the proposed ordinance on October 5, 2009.
ATTACHMENTS
A. Draft Ordinance
B. Planning Commission meeting minutes from June 25, 2009 and August 27, 2009.
C. Minutes from the Community Affairs and Parks Committee meeting of
September 14, 2009.
W:12009 InfoMemos\Housekeeping Code changes COW.doc
DRAFT
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;
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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 §12, 1834 §3 and 1758 §1 (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 Stav Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings or portion thereof, the units
of which contain independent provisions for livine, eating and sanitation including, but not
limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleep ing 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 -stav hotels or
motels shall not include dwelling units. as defined in this section. for permanent occupancy.
The specified units for extended -stav must conform to the reouired features. building code, and
fire code provisions for dwelling units as set forth in this code. Nothing in this definition
prevents an extended -stav unit from being used as a hotel or motel unit. Extended -stav 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.
Section 5. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as
codified at TMC Section 18.06.440, "Definitions," are amended to read as follows:
18.06.440 Hotel
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"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 housine,Elzsigr a4-er
used for the transient rental of five or mac units for sleeping purposes. Hotels rooms shall
have their own private toilet facilities, and may or may not have their own kitchens facilities.
Hotels shall not include dwelling units, as defined in this section, for Permanent occupancy. A
central kitchen, and 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 thirty (301 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. more than one lot authorized pursuant to the subdivision
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" includes tourist cabins, tourist court, motor lodga, auto court, cabin court, motor inn
and sia_ a_ u_:atel is- means a building or buildings or portion thereof, detached or in
connected units or designed as a single structure, 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 adioinine
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 thirty (301 calendar days per year. Not included are
institutions housing Persons under legal restraint or reauirine medical attention or care. as
..J idual
slec m dwelling units having their cv,n private toilet faciliti_s, and may ar may
not have their own kitchen faciliti s, and ar= designed primarily for the aces.____.., _'anon of
transient automobile travel_crs. Acccrr .adations for travel trailers a_a not included.
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 244.8 inches into this area. A maximum 24
inch overhang may also be allowed for Portions of a building (such as a bav 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 51 (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 tvve of lots such as corner or
through lots and their setbacks and landscape reauirements.
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.
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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 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 Churches -and community center buildings.
4. Dormitories
5. Electrical substations distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
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8. Radio, television, microwave, cellular 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 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 reauired 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
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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.
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 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 Churchcs 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
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 §1 (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;
MD:ksn 09/24/2009
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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. 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 to other uses permitted outrizht 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 §5, 1976 §26, and 1758 §1 (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. Relieious facility Churches 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 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 (part) and 1758 §1 (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.
MD:ksn 09/24/2009
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1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Day care centers.
10. Dwelling One detached single family dwelling per existing lot.
11. Dwelling Multi- family units above office and retail uses.
12. Dwelling Senior citizen housing as a 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 sauare 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:
MD:ksn 09/24/2009
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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 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 §1 (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 persoruzel.
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 §16, 1830 §6, and 1758 §1
(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 ereater 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.
MD:ksn 09/24/2009
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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.
Section 22. Ordinances Amended. Ordinance Nos. 1976 §30, 1872 §1, 1865 §18, 1830 §7, and
1758 §1 (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
Rear
Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Height, maximum
Landscape requirements (minimum):
See Landscape, Recreation, Recycling/ Solid
further requirements
Front
Second front
Sides
Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Rear
Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Recreation space
Recreation space, senior citizen housing
Off street parking:
Residential (except senior citizen
housing)
Accessory dwelling unit
Office, minimum
Retail, minimum
Other uses, including senior citizen
housing
MD:ksn 09/24/2009
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
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
34 stories or 45 feet
Waste Space requirements chapter for
15 feet
12.5 feet
5 feet
10 feet
5 feet
10 feet
200 sq. ft. per dwelling unit (1,000 sq. ft.
min.)
100 sq. ft. per dwelling unit
See TMC Chapter 18.56, Off street Parking
Loading Regulations
See TMC Section 18.16.030, Accessory Uses
3 per 1,000 sq. ft. usable floor area
2.5 per 1,000 sq. ft. usable floor area
See TMC Chapter 18.56, Off street Parking
Loading Regulations
Page 10 of 67
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.
Section 23. Ordinances Amended. Ordinance Nos. 2097 59, 1986 §5, 1976 528, 1971 57, 1830
55, 1814 52 (part), and 1758 51 (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 souare 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:
MD:ksn 09/24/2009
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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 24. Ordinances Amended. Ordinance Nos. 1976 532, and 1758 51 (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.
MD:ksn 09/24/2009
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Section 26. Ordinances Amended. Ordinance Nos. 2097 512, 1976 536 and 1758 51 (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 souare 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 537 and 1758 51 (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;
MD:ksn 09/24/2009
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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 91
(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. Churchcs Religious facility with an assembly area ereater 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 913, 1976 940, 1954 91, 1830 911,
1814 92 (part) and 1758 91 (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. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
MD:ksn 09/24/2009
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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.
MD:ksn 09/24/2009
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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 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 31. Ordinances Amended. Ordinance Nos. 2135 §9, 1865 §23, 1830 §12 and 1758 §1
(part), as codified at TMC Section 18.22.040, are amended to read as follows:
18.22.040 Conditional Uses
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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. Churches Religious facility with an assembly greater than 750 sauare 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 §2, 1986 §7, 1971 §10, 1865 §27, 1830
§14, 1814 §2 (part) and 1758 §1 (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.
16. Day care centers.
MD:ksn 09 /24/2009
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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-stav 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 souare 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.
MD:ksn 09/24/2009
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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 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. E'_ hey Religious facility with an assembly area greater than 750 souare feet and
community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
MD:ksn 09/24/2009
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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 -stav hotel /motel.
19. Financial:
MD:ksn 09/24/2009
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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 souare 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.
MD:ksn 09/24/2009
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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 96, 1986 95, 1976 949 and 1758 91
(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 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 911, 1974 94, 1865 932, 1830 918,
and 1758 91 (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 tide.
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. Churches Religious facility with an assembly area greater than 750 souare 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.
MD:ksn 09/24/2009
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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 52 (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 trailer 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 riot
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 -stav 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.
MD:ksn 09/24/2009
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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 sauare 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.
MD:ksn 09/24/2009
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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. Churches Religious facility with an assembly area greater than 750 sauare 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.
MD:ksn 09/24/2009
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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 §1 (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.
MD:ksn 09 /24/2009
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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 -stav 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
MD:ksn 09/24/2009
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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 sauare 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 58, 1976 552, 1971 5 and 1758 51
(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.
MD:ksn 09/24/2009
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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 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 Comp rehensive 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. Churches Religious facility with an assembly area greater than 750 sauare 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:
MD:ksn 09/24/2009
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(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.
MD:ksn 09/24/2009
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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. Relieious facility with an assembly area less than 750 souare 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.
MD:ksn 09/24/2009
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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. Churchcs Religious facility an assembly area e reater 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.
MD:ksn 09/24/2009
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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 -stav hotel /motel.
17. Financial:
a. banking
b. mortgage
MD:ksn 09/24/2009
Page 33 of 67
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).
44. Plumbing shops (no tin work or outside storage).
45. Railroad tracks, (including lead, spur, loading or storage).
MD:ksn 09/24/2009
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46. Recreation facilities (commercial indoor), athletic or health clubs.
47. Religious facility with an assembly 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
c. consistent with the policies of the Tukwila Comprehensive Plan.
MD:ksn 09/24/2009
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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. Churchcc Religious facility with an assembly area greater than 750 sauare 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.
2. Automotive services:
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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 -stav 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. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
32. 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.
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33. Salvage and wrecking operations which are entirely enclosed within a building.
34. Self- storage facilities.
35. 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.
36. 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.
37. Taverns, nightclubs.
38. Telephone exchanges.
39. Tow truck operations, subject to all additional State and local regulations.
40. Truck terminals.
41. Warehouse storage and /or wholesale distribution facilities.
42. 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.
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 §9, 1986 §14, 1974 §10, 1971
§16, 1814 §2 (part), 1774 §4 and 1758 §1 (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:
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
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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 -stav 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.
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.
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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. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the above materials.
37. 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.
38. Salvage and wrecking operations.
39. Schools and studios for education or self- improvement.
40. Self- storage facilities.
41. 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.
42. 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.
43. Taverns, nightclubs.
44. Telephone exchanges.
45. Tow truck operations, subject to all additional State and local regulations.
46. Truck terminals.
47. Warehouse storage and /or wholesale distribution facilities.
48. 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.
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:
MD:ksn 09 /24/2009
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a. uses that are customarily 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 §8, 2097 §17, 2021 §10, 1986 §15,
1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1 (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) relieious 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.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
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18. Dwelling One detached single family unit per existing lot (includes factory built or
modular home that meets UBC).
19. Extended -stav 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.
47. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
48. Religious facility with an assembly area of less than 750 sauare feet.
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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 51 (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.
2. Dormitory as an accessory use to other uses otherwise permitted or approved condi-
tional uses such as religious facilities, universities, colleges or schools.
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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. Churches Religious facility an assembly area greater than 750 souare 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.
22. Schools, preschool, elementary, junior or high schools (public), and equivalent private
schools.
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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.
19. Dwelling (allowed after residential design manual with criteria for approval is adopted
by ordinance):
a. one detached single- family unit per lot
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b. multi- family
c. multi- family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution.
21. Extended -stav 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).
48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks,
golf courses, or commercial recreation.
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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 finit 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.
MD:ksn 09/24/2009
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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 similar in nature
and ccr:zpatible with ot':cr acca:.eory ucec, permitted 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. Churches Religious facility with an assembly area greater than 750 souare 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 batching 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 reouirements of the Tukwila
Municipal Code. At the discretion of the Director, any technical studies reauired 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.
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
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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.
HDR.
HDR.
Zoning Districts
LDR (for uses other
than dwelling units)
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
TUC
C/ LI
LI
HI
MIC /L
MIC/H
TVS
TSO
MD:ksn 09/24/2009
Front Yard Landscape Landscape
(Second Type for Side Rear Type for
Front) Fronts Yard Yard Side/Rear
15 TypeI 10 10 Type I
15 (1,2)
15
15 (12.5)
15 (12.5)
20 (10) (2,3)
5
10
10
15
12.5
12.5
12.5
5
5
15 (2,3)
15
TypeI
TypeI
Type I
Type I
Type I
Type I
Type I
TypeI
Type I
Type
Type II
Type II
Type II
Type II
Type II
Type I
10
10
5
5
5 (3)
0
5
5 (3)
0 (3)
5 (4)
0
0
0 (4)
0
0
0 (9)
10
10
5
5
10
0
0
0
0
0
0
0
0
0
0
0 (9)
Type I
Type I
Type I
Type I
Type II
Type II
Type II
Type II
Type II
Type II
Type III
Type III
Type III
Type III
Type III
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 reauired 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
Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
Only required along public streets.
(lo) 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:
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.
Page 49 of 67
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 reauirements.
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.
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.
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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 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
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
MD:ksn 09/24/2009
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shall include incorporation and tilling in of ore anic 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
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:
MD:ksn 09/24/2009
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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 narking 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.
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
MD:ksn 09/24/2009
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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 1 Automobile Standard 1 Bicycle Standard
Single family and multi- 2 for each dwelling unit that For multi- family, 1 space
family dwellings contains up to 3 bedrooms. 1 per 10 parking stalls, with
additional space for every 2 a minimum of 2 spaces.
bedrooms in excess of 3 No requirement for single
bedrooms in a dwelling unit. family.
Additional parking may be
required for home
occupations and accessory
dwelling units as otherwise
proved by this title.
Senior Citizen Housing For 15 units or less, 1 space 1 space per 50 parking
per dwelling unit. For stalls, with a
dwellings with more than 15 minimum of 2 spaces.
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
Churches Religious 1 for each 4 fixed seats 1 space per 50 parking
facilities, mortuaries and stalls, with a minimum of
funeral 2 spaces.
homes
Colleges, Universities, Shall be determined by 1 space per 50 parking
Vocational Schools and Planning Commission, stalls, with a minimum of
other post- secondary based on an evaluation of 2 spaces.
educational institutions information concerning
traffic generated by
proposed use.
Convalescent /nursing /rest 1 for every 4 beds with a 1 space per 50 parking
homes minimum of 10 stalls stalls, with a minimum of
2 spaces.
Food stores and markets 1 for each 300 square feet of 1 space per 50 parking
usable floor area stalls, with a minimum of
2 spaces.
High schools 1 for each staff member plus 1 space per 50 parking
2 for every 5 students or stalls, with a minimum of
visitors 2 spaces.
Hospitals 1 for each bed 1 space per 50 parking
stalls, with a minimum of
2 spaces.
i Hotels, motels and 1 for each room, plus one 1 space per 50 parking
extended stay employee space for each 20 stalls, with a minimum of
rooms, rounded to the 2 spaces.
next highest figure
Manufacturing 1 for each 1,000 square feet 1 space per 50 parking
of usable floor area stalls, with a minimum of
MD:ksn 09/24/2009
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Office, commercial and 3 for each 1,000 square feet
professional buildings, of usable floor area
banks, dental and medical
clinics
Outdoor sports areas of
Parka
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
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.
1.5 for each staff member
1 2 spaces.
1 space per 50 packing
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.
Schools, Elementary 1 space per classroom
Junior High
1 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.
1 25,000 499,999 sq. ft. 1 4 for every 1,000 square feet 1 1 space per 50 parking
MD:ksn 09/24/2009 Page 55 of 67
Taverns 1 for every 4 persons based
on occupancy load.
Theaters
Warehousing
MD:ksn 09/24/2009
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
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.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Section 68. Ordinance Amended. Ordinance No. 2135 §1 (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
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
Page 56 of 67
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 P'_ .i:b Ce__ -i:con 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:
TABLE A
Type of Permit Required, Based on Type of Wireless Communication Facility
Zoning
Type of Facility Residential Commercial Industrial
Transmission tower co- location Type 1 Type 1 Type 1 1
Adding antennas to an existing tower Type 1 (2) Type 1 Type 1 (2)
Utility pole co- location Type 2 Type 2 Type 2
Concealed building attached Type 2 (3) Type 2 (3) Type 1
Non concealed building attached Type 2 Type 2 Type 1
New tower or waiver request Type 3 4 (4) Type3 4 (4) Type 3 4 (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.
(1)
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.).
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:
MD:ksn 09/24/2009
Page 57 of 67
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 4 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.
Section 70. Ordinance Amended. Ordinance No. 2135 51 (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 F" a_ ring
r' aliss' 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
MD:ksn 09/24/2009
Page 58 of 67
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 applicant's 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 Commission 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:
1. That the tower height is the minimum necessary in order to achieve the coverage
objective;
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 applicant's engineering requirements to
meet its coverage objective;
4. That existing structures or towers do not have sufficient structural strength to
support the applicant's proposed antenna and ancillary facilities;
5. That the applicant's 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 applicant's 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 Planting
Commission 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 Plan ning- E:,.: sn, 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
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:
MD:ksn 09/24/2009
Page 59 of 67
18.58.170 Height Waivers
A. Where the Hearing Examiner 1?'_.r� C scion 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 Planning r soion 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 Planning Coraissien 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, 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 anv multi- familv structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
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
MD:ksn 09/24/2009
Page 60 of 67
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
1 TYPE OF PERMIT 1 DECISION MAKER
Any land use permit or approval issued As specified by ordinance
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)
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)
Wireless Communication Facility, Minor
TYPE OF PERMIT
Administrative Design Review
(TMC Section 18.60.030)
Administrative Planned
Residential Development
(TMC Section 18.46.110)
MD:ksn 09/24/2009
Community Development Director
Building Official 1
Community Development Director
Community Development Director
Community Development Director
1 Community Development Director
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, Planning Cs__.._u.,cion, City Council
or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant
to RCW 90.58.
Type 2 Decisions
INITIAL DECISION
MAKER
Community Development
Director
Short Plat Committee
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Page 61 of 67
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)
TSO Special Permission Use (TMC
Section 18.41.060)
1 Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
MD:ksn 09/24/2009
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Hearing Examiner
Hearing Examiner
Hearing Examiner
City Council
Hearing Examiner
Hearing Examiner
Community Development Hearing Examiner
Director
Community Development
Director Hearing Examiner
Community Development
Director
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Hearing Examiner
1 Hearing Examiner
Hearing Examiner
Hearing Examiner
State Shorelines
Hearings Board
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Planning.€cr mioci
Hearing Examiner
Hearing Examiner
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 1 DECISION MAKER
1 Resolve uncertain zone district boundary 1 Hearing Examiner
Variance (zoning, shoreline, sidewalk, Hearing Examiner
land alteration, sign)
APPEAL BODY
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Page 62 of 67
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, Maior
or Waiver Request (TMC Chapter 18.58)
MD:ksn 09/24/2009
TYPE OF PERMIT
Conditional Use Permit
(TMC Chapter 18.64)
Standards (TMC Chapter 18.56)
Public Hearing Design Review
(TMC Chapter 18.60)
Reasonable Use Excep`icns 1�_ 3cr
gc: c:tivc A_ -a- Ordinance (TMC
Section 18.45.180
Shoreline Conditional Use Permit
(TMC Section 18.41.050)
Subdivision Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Unique Signs (TMC Section
19.28.010)
Standards
cv
10% (TMC Section 18.56.110)
Wirclear, Ca-. a niaation Facility,
Major or Waiver Request
(TMC Chapter 18.58)
Type 5 Decisions
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)
Subdivision Final Plat (TMC
Section 17.12.030)
Hearing Examiner
Planning
Commission
Hearing Examiner
Hearing Examiner
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 or the City C nail 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
INITIAL DECISION
MAKER
Planning Co=rarissien
Planning Crrraniacion Healing-Examiner
Board of Architectural
Review
PlanningEr:_ .issinx
Planning Commission
Planning Commission
Pla .ning -Csmn issian
I'larr..ing cernmissiqn
1 City Council
City Council
City Council
Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
APPEAL BODY
(closed record appeal)
City Council
Hearing Examiner
City Council
City C� rteii
State Shorelines
Flca,Ltgs Board
Hearing Examiner
City Council
Hearing Examiner
City Council
r '1°r
City Council
5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Tv pe 5 decisions may be appealed only to Superior
Court.
1 DECISION MAKER I APPEAL BODY I
City Council Superior Court
1 Superior Court
Superior Court
City Council Superior Court
Superior Court
Page 63 of 67
Unclassified Use (TMC Chapter City Council Superior Court
18.66)
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
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 TIvIC Chapter 18.60
or the Shoreline Master Program.
MD:ksn 09/24/2009
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MD:ksn 09/24/2009
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.
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.
Page 65 of 67
4. A site plat: cr. 8 'rz x 11 inch paper if applicable 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.
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 52 (part), as codified at TMC Section
18.104.120, is amended to read as follows:
18.104.120 Mailed Notice
MD:ksn 09/24/2009
Page 66 of 67
A. Mailed notice shall be issued by first class mail-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 §14 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.
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. A site plan on 8 'h x 11 inch paper if applicable 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
MD:ksn 09/24/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 67 of 67
Absent: Commissioner; Chuck Parrish
The meeting was called to order by Chair Malina at 7:00 PM.
Representing
City Staff:
Chair Malina opened the worksession at 7:00 PM.
PLANNING COMMISSION (PC)
WORKSESSION
MINUTES
JUNE 25, 2009
Present: Chair, George Malina; Vice Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret
Bratcher, Lynn Peterson and Brooke Alford
Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens
Minnie Dhaliwal, Planning Supervisor, Department of Community Development, addressed
miscellaneous code housekeeping issues that she stated needed to be clarified in the code. She said that
after staff receives policy directions from the Planning Commission, staff will return with an ordinance.
Then a public hearing will be held on the ordinance. The CAP was briefed on these issues and once the
Planning Commission has made a recommendation it will be forwarded to the City Council.
1. Currently churches are listed as a Conditional Use in a number of zones in the city. However, there
are approximately 30 small churches operating in single story retail strip mall locations without a
Conditional Use Permit. However, there are no impacts, parking or fire safety issues.
Staff is recommending amending the definition of a religious facility to read:
"A facility operated for worship, prayer, meditation or similar activity by an organization granted tax
exempt status by the IRS."
Staff has proposed three policy options on the approval process for a religious facility in a non residential
zone as listed in the June 26, 2009 staff report.
Staff recommends option A "Religious facilities where no more than 50 attendees regularly gather at
one time could be permitted outright, subject to meeting all applicable building and fire codes."
A Conditional Use Permit would still be required if there are more than 50 attendees and/or in residential
zones.
Approved Option A.
2. Landscaping Chapter
Staff recommends two updates. as listed in the June 26, 2009 staff report, to provide clarity and to
streamline the permit process.
Approved.
3. Permit Application Types and Procedures section of the TMC.
Page 2 of 3
Planning Commission Minutes
June 25, 2009
Staff recommends seven (a -2) updates, as listed in the June 26, 2009 staff report.
a) There was concern expressed regarding: procedures related to Notice of Application and Notice of
Hearing 8 '/2 x 11 mailings being replaced with a postcard.
Suggestions from PC: 1) Consider using color postcards; 2) Strike the words, "and web site updates"
b) Approved.
c) Approved.
d) Preliminary approval for a Subdivision pertaining to Design Review projects shall be made by the PC
and is forwarded to CC for final approval.
e) Approved.
f) It was clarified that the length of time for Short Plats and Boundary Line Adjustment applications is
one year with a one year extension.
g) Approved with one revision remove the following verbiage, "Parking determination for City Parks is
to be made by the PC."
4. Miscellaneous code amendments
Staff recommends eisht (a -h) amendments, as listed in the June 26, 2009 staff report.
a) Approved.
b) PC was concerned this amendment would create difficulty for small projects.
c) PC asked staff to look at the legislative history as it may be intentional.
d) Staff will research this recommendation further.
e) PC recommended that staff look into establishing different size thresholds based on the lot sizes.
f) Approved.
g) PC recommendation Allow up to four lots to include the private road area in the lot area calculation
to meet minimum lot size requirements.
h) Approved.
5. Department of Community Development code interpretations that date back to 1970's and 80's.
Staff recommends codifvinu seven codes, as listed in the June 26. 2009 staff report. (If applicable)
a) Staff needs to provide the current height definition to the PC.
b) Approved.
c) Approved.
d) Approved.
e) Approved with the addition of vegetation.
f) Approved.
h) Approved.
6. Correct typos or incorrect references (a j), as listed in the June 26, 2009 staff report, through out the
code.
A public hearing will be held on the proposed changes to the code amendments on July 23, 2009. An
ordinance with the revisions to the code language will be prepared for the public hearing.
DIRECTOR'S REPORT
Nora noted that she sent the PC an email regarding the language for temporary Chair, which was
provided from Shelley Kerslake. Discussion will take place on the issue at a later date.
In consideration of violation of the open public meetings act in the future information Nora
sends to the PC via email will be sent to them individually and PC should respond individually.
There cannot be a quorum sending /responding to discussions. A handout was provided regarding
the pitfalls of emails.
Page 3 of 3
Planning Commission Minutes
June 25, 2009
Staff is working on the TUC Update and will be meeting with EcoNorthwest, the economic
consultant to determine how studies can be updated.
PC was polled regarding scheduling a worksession on July 8, 2009 with the economic consultant
to give the PC the opportunity to meet them and have a Q &A session.
Adjourned:
Adopted:
Submitted By:
10:40 PM
7/23/09
Wynetta Bivens
Secretary
Present:
Absent:
PLANNING COMMISSION
PUBLIC HEARING MINUTES
AUGUST 27, 2009
The meeting was called to order by Chair Malina at 7:00 PM
Commissioner Brooke Alford and Margaret Bratcher
DRAFT
Chair, George Malina; Vice Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg and Lynn Peterson
Representing
City Staff: Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JULY 23, 2009. COMMISSIONER ARTHUR SECONDED THE MOTION;
THE MOTION WAS UNANIMOUSLY APPROVED.
Chair Malina swore in those wishing to testify.
PLANNING COMMISSION PUBLIC HEARING
Chair Malina opened public hearing.
CASE NUMBER: L09 -028
APPLICANT: City of Tukwila
REQUEST: A series of proposed housekeeping code amendments ranging from code
clarification to policy decisions regarding allowed uses and development
standards.
LOCATION: City wide
Minnie Dhaliwal, Planner, Department of Community Development, gave the presentation for staff. The
PC were previously briefed on the code amendments and provided staff some direction on the proposed
changes and requested staff return with modification to some codes. Two additional items were added
since the PC was briefed. One pertained to land use decisions and decision makers, and based on the
recommendations of the Insurance Authority that recommended that the quasi-judicial decisions are made
by the Hearing Examiner; the second item relates to hotel /motel definitions. The City Attorney is in
agreement with the Insurance Authority's recommendations. Staff conducted a review on substantive
code issues to determine what could be moved to the Hearing Examiner and what would create a problem.
It was determined that it was not appropriate for Design Review items to go to the Hearing Examiner.
Therefore, staff recommended that Design Review is not moved to the Hearing Examiner until such time
that substantial changes are made to design review criteria.
In an attempt to cleanup the definition of hotels and motels, which are not consistent with the building
code, it was determined that extended -stays need to be defined. Staff clarified that there was a third item
added to the list previously reviewed by PC. This was related to adding some language that the applicant
shall be responsible for payments when peer review studies need to be completed for noise reports,
lighting plans, and parking demand studies.
Then there was discussion of proposed changes that were previously reviewed by the PC and PC asked
for additional information or there was consensus on the proposed changes.
Page 2 of 3
Planning Commission Minutes
August 27, 2009
1. Definition for religious facilities and the allowance of smaller facilities as permitted uses.
There were three options and PC had consensus on staffs recommendation for option A.
2. Landscaping Chapter.
PC had consensus on staffs recommendation.
3. Permit Application Types and Procedure section of TMC.
PC requested to see samples of the postcards for mailings. Staff provided samples.
Applicant may choose to pay City to generate mailing labels. Staff has the ability to create
labels in GIS. Changes were incorporated in the ordinance.
PC is the decision maker for preliminary approval for Sub Divisions. Final approval is City
Council.
Thresholds for Design Review multi family and remodels captured.
Parking Determination for Parks was kept at an administrative decision.
4. Other miscellaneous code amendments.
Paving requirements, parking allowed in the rear of a single family home as long as there is an
alley in the back. Staff did not return with any other changes to the paving because there is
language in the code that is sufficient.
Mixed use office zone. PC expressed concern about lowering height to three stories and 35 ft.
Staff revised the proposed to four stories and 45 ft.
Recycling storage space 1 Y2 sq. ft. is consistent with other jurisdictions, no changes proposed.
Garages and sheds being accessory structures. Concern expressed regarding proportion size of
garage to size of lot. PC suggested that the current code not be changed and to schedule a
separate meeting to continue discussion for future changes. Staff suggested this item be pulled
and come back to the PC when future code amendments come to the PC.
Language added on accessory uses, `other uses similar to and being consistent with the policies
of the Comprehensive Plan.'
Lot area definition. PC gave directions to allow 4 lot short plats to include the area of the
private road in the lot area; the definition of `lot area' was changed so this is reflected.
Change: Definition needs to include fire access roads, which is included in the ordinance.
PC had consensus with the change.
Building Height. No changes to the definition, parapets not included.
5. Code Interpretations
Occupancy Permit. Clean up changes made.
Parking stalls. PC wanted to treat compact stalls and regular stalls the same, allow both to have
2 ft. overhang in the landscape area, change reflected.
Front yard landscape. No comments.
Sight distance requirements for fences on corner properties. Reference to the AASHTO in
Public Works Design Manual. No changes necessary.
Limited access state routes such as I -5 and I -405 be considered as street under the street
definition for the purposes of determining the type of lot. Changes incorporated in the
Ordinance.
Define and set policy for temporary portable office structures. PC recommendation was to
allow the underline zoning to regulate the placement and aesthetics of these structures. No
changes needed to the code.
6. Corrections
Correction of typos or incorrect references through out the code can be corrected as part of the
codifying process and do not need to be included in the ordinance. (6,a j)
7. Definition of hotel and motel Definition
Revised definitions were provided in hard copy at the public hearing. Changed to add the 30
day limitation in order to be consistent with the building code. Therefore, a new definition
for extended -stay was added for stays longer then 30 -days. Additional changes: verbiage
regarding kitchens, the number of units and language about requiring bathrooms
Page 3 of 3
Planning Commission Minutes
August 27, 2009
Commissioner Ekberg proposed changing the 18 inches overhang into the setback to 24 inches.
Commissioner Peterson recommended leaving the overhang at 18 inches.
Don Tomaso, Fire Marshall, City of Tukwila stated that houses built in the areas that were incorporated
from King County have 24 inch overhangs.
Commissioner Malina requested that the 18 inches of overhang be changed to 24 inches. Four were in
favor of the change and Commissioner Peterson was opposed.
Staff asked for clarification that in addition to the roof eaves if other overhangs such as bay windows
should also be allowed 24 inches within the setback. Commissioner Malina stated yes.
Commissioner Ekberg pointed out the corrections:
On the top of page 2, 3 sentence, after `through' add the word `lot'.
In the 4 sentence after word `connected' add the word `to'.
On page 3, section 18.06.585, add RVs to line 4.
On bottom of page 3, change 18 inches to 24 inches.
Section 3, pull for future discussion.
Page 79, keep Planned Residential Development as a City Council decision.
Staff changes:
Page 80, Shoreline Conditional Use Permit. Move to Hearing Examiner as decision maker.
Page 80, Wireless Communication Facility, Major. Move to Hearing Examiner as decision maker.
Explanation was given on who the Hearing Examiner is and their responsibilities.
In summary there were five changes to the ordinance:
Hotel /Motel Definition
Fire Access Road
Change 18 inches of overhang in setback to 24 inches.
Decision Makers
No changes to the garage size.
COMMISSIONER MALINA MADE A MOTION TO APPROVE CASE NUMBER L09 -028 ON
STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AND CHANGES TO THE
ORDINANCE. COMMISSIONER ARTHUR SECONDED THE MOTION. ALL WERE IN
FAVOR.
DIRECTOR'S REPORT
Meeting adjourned: 10:35 PM
Submitted by Wynetta Bivens, Secretary
Community Affairs Parks Committee Minutes September 14. 2009 Paae 2
Staff reviewed, in detail, the Urban Renewal Overlay District Chapter 18.50.170. The Committee
members asked clarifying questions as appropriate. UANIMOUS APPROVAL. FORWARD TO
OCTOBER 12 COW FOR PUBLIC HEARING DISCUSSION.
B. Housekeenina Code Amendments
Staff is seeking full Council approval of an ordinance amending Title 17: Subdivision and Plats and Title
18: Zoning Code of the Tukwila Municipal Code (TMC). The proposed amendments incorporate changes
ranging from code clarification to updating development regulations and permit processes.
The proposed amendments relative to TMC Titles 17 and 18 have been reviewed by the Planning
Commission, and a public hearing for such was held on August 27, 2009. The amendments include
changes, updates and/or additions including but not limited to:
Hotel/Motel/Extended Stay
Religious Facility
Permit Types Procedures
Landscaping
Parking
In the WCIA 2009 Annual Review Audit Recommendation, WCIA suggested amending the Permit
Types and Procedures section to transfer quasi-judicial land use matters to a hearing examiner (currently
heard by the City Council and/or Planning Commission). In regards to this suggestion, DCD staff
recommends a gradual transition of quasi-judicial matters to a hearing examiner. Certain quasi-judicial
decisions, such as design review, unclassified use permits, and rezones, will continue to be made by the
City Council and /or Planning Commission until a time that substantive charges are made to approval
criteria.
Planning Commission Recommendation: The Commission recommends approval of the amendments as
summarized in the Informational Memo included in the CAP Agenda Packet, page 35. UNANIMOUS
APPROVAL. FORWARD TO SEPETMBER 28 COW FOR DISCUSSION
III. MISCELLANEOUS
Meeting adjourned at 5:56 p.m.
Next meeting: Monday, September 14, 2009— 5:00 p.m. Conference Room #3
Committee Chair Approval
KAM.