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HomeMy WebLinkAboutReg 2010-05-17 Item 7A.2 - Crisis Diversion Facilities - Ordinance for Transit Center on West Valley HighwaySPONSOR'S SUMMARY MTG. DATE 2/22/10 3/15/10 4/12/10 MTG. DATE 2/22/10 3/15/10 4/12/10 5/3/10 5/17/10 EXPENDITURE REQUIRED COUNCIL A GENDA SYNOPSIS Initials ITEM No. Meeting Date Prepared by 1 Ma review Council review 03/15/10 BM 1 1 04/12/10 BM 1 1 J)IQ 05/03/10 BM 2,0 1 05/17/10 BM 1 1 6, 2A1 ITEM INFORMATION CAS NUMBER: 10-020 I ORIGINAL AGENDA DATE: FEBRUARY 22, 2010 'AGENDA ITEM TITLE Siting of Crisis Diversion Crisis Diversion Interim Service Facilities within the City CATEGORY N Discussion Motion Resolution Ordinances Bid Award Public Hearing Other Mtg Date 3/15/10 Mtg Date Mtg Date Mtg Date 5/17/10 Mtg Date Mtg Date 4/12 &5 /3 Mtg Date And 5/17 SPONSOR Council Mayor Adm Svcs DCD Finance n Fire f Legal n P&R Police E PW On February 22, 2010, the City Council referred a proposed code amendment regarding Crisis Diversion and Crisis Diversion Interim Service Facilities to the Planning Commission for their review and recommendation. On February 25, 2010, the Planning Commission conducted a public hearing and is recommending to the City Council that Crisis Diversion and Crisis Diversion Interim Service Facilities be allowed in the Tukwila Urban Center (Southcenter) area of the City via an Unclassified Use Permit. A public hearing was held on April 12, 2010. The City Council decided to keep the public hearing open through the May 3, 2010 Regular Council Meeting and then to the May 17, 2010 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte I F &S Cmte n Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 3/8/10 Unanimous Approval; Forward to Committee of the Whole RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Planning Commission (2/25); Community Affairs and Parks (3/8) COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Forward to the Planning Commission Briefing of proposed recommendations by the Planning Commission Public Hearing continued to 5/3/10 and then continued to 5/17/10 ATTACHMENTS Informational Memorandum dated 2/13/10 City's Public Records Requests to King County, dated 9/15/09 and 12/22/09 Informational Memorandum dated 3/9/10 (Revised after CAP to include public hearing date) Revised Bus Route Information for the MIC area (attachment bb of 2/18 Staff Report) Minutes from the Community Affairs and Parks Committee meeting of 3/8/10 Staff Report to the Planning Commission dated 2/18/10 with attachments Informational Memorandum dated 4/6/10, Draft Ordinance, 3/8/10 CAP minutes Informational Memorandum dated 4/27/10 Draft Ordinance MIDD Oversight Committee Meeting Notes dated 2/25/10 Email from Amnon Shoenfeld from King County dated 3/30/10 Map of West Valley Hwy Informational Memorandum dated 5/12/10 and 3 Ordinances in final form Staff Report dated 5/6/10 with attachments (bring comb bound staff report from 3/1,V City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO INCORPORATE DEFINITIONS OF DIVERSION FACILITY AND DIVERSION INTERIM SERVICES FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT NURSING HOME, OUTPATIENT MEDICAL CLINIC AND HOSPITAL; TO DELETE THE DEFINITION OF SANITARIUM; AND TO UPDATE THE ZONING CODE AND ITS PROVISIONS FOR SUCH USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in October 2007, the King County Council passed Motion 12598, adopting the Mental Illness and Drug Dependency (MIDD) Action Plan, whose goal was "to prevent and reduce chronic homelessness and prevent and reduce unnecessary involvement in the criminal justice and emergency medical systems, and promote recovery for persons with disability mental illness or drug dependency by implementing a full continuum of treatment, housing and case management services and WHEREAS, in November 2007, the King County Council adopted Ordinance No. 15949, which increased King County's sales tax by one -tenth of a percent. The funds raised by the sales tax increase are intended to pay for the programs outlined in the MIDD Action Plan; and WHEREAS, one of the strategies of the MIDD Action Plan is the funding and operation of a crisis diversion program in King County, which will be available to individuals who are in mental illness and /or chemical dependency crisis; and WHEREAS, King County has noted the importance of a crisis diversion program in order to provide services and treatment for people suffering from mental illness and/ or chemical dependency; and WHEREAS, King County's Crisis Diversion Program will accept individuals from hospitals, emergency rooms, ambulances and police agencies throughout King County; and WHEREAS, King County has stated that 50 percent of the individuals using the Crisis Diversion Program will be Police diversions from throughout King County; and WHEREAS, King County has noted the importance of a centralized location for these facilities so that police agencies throughout King County are able to easily transport individuals to and from the facilities; and WHEREAS, in August 2009, King County issued a request for proposal soliciting proposals from third parties to operate a crisis diversion facility and a crisis diversion interim service facility; both facilities are part of the Crisis Diversion Program; and WHEREAS, the City's Zoning Code does not address the operation of crisis diversion facilities or crisis diversion interim service facilities; and WHEREAS, on September 8, 2009, the Tukwila City Council passed Ordinance No. 2248, which adopted a six-month moratorium on the acceptance and processing of applications to establish and operate crisis diversion and crisis diversion interim service facilities within the City in order to allow City staff time to study the County's proposed plans and develop a process for siting these facilities within the City; and WHEREAS, the City of Tukwila filed two public records requests with King County for all documents related to the development of the Crisis Diversion Program, crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, the City of Tukwila also filed public records request with the cities of Seattle and Bellevue for information regarding the Crisis Diversion Program; and W: \Word Processing \Ordinances \Diversion West Valley.docx MD'ksn 05/13/2010 Along West Valley Highway Page 1 of 37 49 50 WHEREAS, as result of these public records requests, City staff reviewed over 1,000 pages of documents regarding the MIDD plan and the Crisis Diversion Program. These documents provided considerable background regarding the proposed program, and WHEREAS, City staff met with King County staff on October 21, 2010 to be briefed on the County's proposed program; and WHEREAS, on November 2, 2010, the City Council held a public hearing on its adopted moratorium and heard testimony from King County employees and members of the MIDD Oversight Committee on the importance of the proposed Crisis Diversion Program and related facilities; and WHEREAS, on November 16, 2009, City staff met with King County staff to further discuss issues associated with the County's proposed Crisis Diversion Program; and WHEREAS, on November 19, 2009, City staff attended the monthly meeting of the MIDD Oversight Committee in order to gain more information about the needs of the County's proposed program; and WHEREAS, on December 17, 2009, Tukwila staff, along with staff from the cities of Burien, SeaTac, Renton and Seattle, met with King County to discuss the proposed Crisis Diversion Program and related facilities; and WHEREAS, on December 29, 2010, City staff met with the King County Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 5, 2010, the City of Tukwila hosted a meeting with south King County cities and the King County Prosecuting Attorney's Office to further discuss to the County's proposed crisis diversion services program; and WHEREAS, on January 26, 2010, City staff again met with the King County's Executive's Office to further discuss the County's proposed program; and WHEREAS, on January 28, 2010, City staff attended the January meeting of the MIDD Oversight Committee to continue to learn about the County's Crisis Diversion Program; and WHEREAS, the City desires to accommodate King County's Crisis Diversion Program, while also ensuring compliance with the City's Comprehensive Plan and King County Countywide Planning Policies; and WHEREAS, the Zoning Code of the City of Tukwila establishes permit processes for various uses and the City wishes to expand those procedures to include crisis diversion facilities and crisis diversion interim facilities; and WHEREAS, given the unique nature of crisis diversion facilities, it is important to clarify the definitions of hospital, outpatient medical facilities and nursing homes; and WHEREAS, the Tukwila City Council shares King County's concerns that people with mental illness and /or chemical dependency issues should not be criminalized or stigmatized because of their current state; and WHEREAS, on February 12, 2010, the Director of Community Development determined the proposed code changes do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on February 12, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to modify its Zoning Code; and WHEREAS, on February 25, 2010, City staff attended the February meeting of the MIDD Oversight Committee to gain information on needs of the County's proposed Crisis Diversion Program; and WHEREAS, on February 25, 2010, the City Council, utilizing the Council's authority under TMC Section 18.80.020, referred the proposed code changes to the Tukwila Planning Commission for their review, consideration and recommendation; and WHEREAS, on February 25, 2010, the Tukwila Planning Commission, following public notice, held a public hearing to receive testimony concerning amending the Zoning Code and adopted a motion recommending the proposed changes; and WHEREAS, at the February 25, 2010 Tukwila Planning Commission meeting, the Planning Commission received and reviewed a staff report dated February 18, 2010, which evaluated the proposed crisis diversion facility and crisis diversion interim service facility location criteria against the characteristics of various Tukwila neighborhoods; and WHEREAS, on March 8, 2010, the Community Affairs and Parks Committee of the Tukwila City Council considered the proposed code change recommended by the Tukwila Planning W: \Word Processing Ordinances Diversion West Vatley.docx MD:ksn 05/13/2010 Page 2 of 37 Commission and forwarded the proposed changes to the City Council for review and consideration; and WHEREAS, on March 11, 2010, King County re- released portions of the RFP soliciting vendors to respond to King County's requests to operate a crisis diversion facility in King County; the RFP included additional information, clarifying and changing the needs of the proposed facilities; and WHEREAS, on March 15, 2010, the Tukwila City Council was briefed on King County's Crisis Diversion Program and the proposed code changes recommended by the Planning Commission; and WHEREAS, King County has provided clarity to the City regarding the need for transit near crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, on April 12, 2010, the Tukwila City Council, following public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, given the important nature of these facilities and to ensure the City Council has needed information regarding the operation of crisis diversion facilities and crisis diversion interim service facilities, the City Council continued the public hearing to the May 3 and May 17, 2010 Tukwila City Council meetings; and WHEREAS, during the public hearing, the City Council heard testimony from providers with specific knowledge of the operation of crisis diversion programs. These providers testified that these crisis diversion facilities should not be placed in crowded, commercial areas, that the crisis diversion facility would not be a compelled facility, and that police would be called if a police diversion wishes to leave the facility against the advice of staff; and WHEREAS, on May 3, 2010, pursuant to its authority under TMC Section 18.80.060, the City Council indicated a desire to modify the proposal forwarded by the Planning Commission and made a motion requesting that City staff examine the West Valley Highway area of the City to determine if the area met King County's criteria; and WHEREAS, West Valley Highway was specifically called out as a desired route to have access from in King County's RFP; and WHEREAS, the West Valley Highway area has easy access to Interstate 5, Interstate 405, and State Route 167; and WHEREAS, the West Valley Highway area has the needed mass transit, as outlined by King County staff; and WHEREAS, the West Valley Highway area meets all of the location criteria established by King County for these facilities; and WHEREAS, the 24 -hour nature of crisis diversion facilities makes these facilities incompatible with residentially -zoned neighborhoods; and WHEREAS, the area proposed for the Crisis Diversion Program is zoned commercial /light industrial, in which permanent residential uses are excluded from the zoning; and WHEREAS, the Tukwila City Council has reviewed the staff report with supporting attachments, dated February 18, 2010, and the recommendation of the Planning Commission; and WHEREAS, the SEPA Responsible Official has issued an addendum to the February 12, 2010 Determination of Non Significance; and WHEREAS, the Tukwila City Council has reviewed a revised staff report dated May 12, 2010; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion facility" is a facility that provides comrnunity crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities licensed as crisis stabilization units by the State of Washingon. Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: "Diversion interim services facilihj" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 3 of 37 51 52 options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. Section 3. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.150, is amended to read as follows: "Outpatient medical clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and /or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. Section 4. Ordinance Amended. Ordinance No. 1976 §13, as codified at TMC Section 18.06.173, is amended to read as follows: "Convalescent/nursing home" means a residential facility, such as a hospice, offering 24- hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent /nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. Section 5. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.435, is amended to read as follows: "Hospital" means a building requiring a license pursuant to Chapter 70.41 RCW and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/ diversion interim services facility and outpatient medical clinics are not included. Section 6. Ordinance Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.06.700, is amended to delete the definition for "Sanitarium." Section 7. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5, 1814 §2 and 1758 §1, as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses. The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 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. Daycare 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). W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 4 of 37 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses or commercial recreation. 20. Recreation facilities (commercial indoor), athletic or health clubs. 21. Religious facility with an assembly area less than 750 square feet. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 24. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto- oriented retail sales (e.g., drive -ins, service stations). 25. Schools and studios for education or self improvement. 26. Shelters. 27. Studios art, photography, music, voice and dance. 28. Telephone exchanges. 29. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinances Amended. Ordinance Nos. 2135 56, 1865 516, 1830 56 and 1758 51, as codified at TMC Section 18.16.040, are amended to read as follows: 18.16.040 Conditional Uses. The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.64, Conditional Use Permits: 1. Bed and Breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area greater than 750 square feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals. 9. Park and -ride lots. 10. Radio, television, microwave or observation stations and towers. 11. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 12. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 9. Ordinances Amended. Ordinance Nos. 2097 59, 1986 55, 1976 528, 1971 57, 1830 55,1814 52 and 1758 51, 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: W:\ Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 5 of 37 53 54 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. Daycare 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 16. Recreation facilities (commercial indoor), athletic or health clubs. 17. Religious facility with an assembly area less than 750 square feet. 18. Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 20. Schools and studios for education or self improvement. 21. Shelters. 22. Studios art, photography, music, voice and dance. 23. Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 10. Ordinances Amended. Ordinance Nos. 2135 §7, 1976 §33, 1865 §19, 1830 59 and 1758 51, 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. W:\ Word Processing Ordinances Diversion West V alley .docx MD:ksn 05/13/2010 Page 6 of 37 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. 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. Section 11. Ordinances Amended. Ordinance Nos. 2097 512, 1976 536 and 1758 51, 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. Daycare 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 13. Religious facility with an assembly area less than 750 square feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinances Amended. Ordinance Nos. 2097 513, 1976 540, 1954 51, 1830 511, 1814 52 and 1758 51, as codified at TMC Section 18.22.020, are amended to read as follows: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 7 of 37 55 56 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 purnps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling one detached single family dwelling per existing lot. 13. Dwelling multi- family units above office and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix-it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 8 of 37 e. administrative f. business, such as travel, real estate g. commercial 22. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 23. Plumbing shops (no tin work or outside storage). 24. Recreation facilities (commercial indoor), athletic or health clubs. 25. Religious facility with an assembly area less than 750 square feet. 26. Restaurants, including cocktail lounges in conjunction with a restaurant. 27. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 28. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 29. Schools and studios for education or self improvement. 30. Studios art, photography, music, voice and dance. 31. Telephone exchanges. 32. Theaters, excluding adult entertainment establishments, as defined by this Code. 33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 13. Ordinances Amended. Ordinance Nos. 2021 52,1986 57, 1971 510, 1865 527, 1830 514, 1814 52 and 1758 51, 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 carpenter shops employing less than five people. 11. Commercial Iaundries. 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 W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 9 of 37 57 58 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. Daycare centers. 17. Dwelling multi- family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. W: \Word Processing\ Ordinances\ Diversion West valley. docx MD:ksn 05/13/2010 Page 10 of 37 41. Rental of vehicles not requiring a conunercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. 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. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. 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. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 14. Ordinances Amended. Ordinance Nos. 2135 510, 1974 53,1865 528, 1830 515 and 1758 51, 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 four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 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. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 11 of 37 59 60 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 15. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 and 1758 §1, 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 carpenter 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. Daycare centers. 17. Dwelling multi- family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 12 of 37 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36. PIanned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Recreation facilities (commercial indoor), athletic or health clubs. 39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 43. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44. 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. 45. Schools and studios for education or self improvement. 46. Self- storage facilities. 47. 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. 48. Studios art, photography, music, voice and dance. 49. Taverns, nightclubs. 50. Telephone exchanges. 51. Theaters, excluding adult entertainment establishments, as defined by this code. 52. Warehouse storage and /or wholesale distribution facilities. 53. 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. W: \Word Processing \Ordinances \Diversion West Valley.docx MD.ksn 05/13/2010 Page 13 of 37 61 62 Section 16. Ordinances Amended. Ordinance Nos. 2135 511, 1974 54, 1865 532, 1830 §18, and 1758 §1, 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 four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 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 17. Ordinance Amended. Ordinance No. 2084 52, 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 not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. W: \Word Processing Ordinances \Divermon West Vatley.docx MD:ksn 05/13/2010 Page 14 of 37 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix-it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data/ telecommunication centers. 27. Laundries: a. self -serve 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities comrercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Religious facility with an assembly area less than 750 square feet. W: \Word Processing\ Ordinances Diversion West Valley.docx MD:ksn 05/13/2010 Page 15 of 37 63 64 45. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 48. 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. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. 51. 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. 52. Studios art, photography, music, voice and dance. 53. Taverns, nightclubs. 54. Telephone exchanges. 55. Theaters, excluding adult entertainment establishments, as defined by this code. 56. Warehouse storage and /or wholesale distribution facilities. 57. 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 18. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2, as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Bed and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond or Minkler Pond. 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling multi family units (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 Milkier Pond. 8. Indoor animal shelters and kennels, subject to all additional State and Local regulations (less than four cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 16 of 37 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 19. Ordinances Amended. Ordinance Nos. 2097 §16 and 2084 52, as codified at TMC Section 18.28.050, are amended to read as follows: 18.28.050 Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Airports, landing fields and heliports (except emergency sites). 2. Essential public facilities, except those uses listed separately in any of the districts established by this title. 3. Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. Section 20. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 56, 1971 513, 1830 523, 1814 52 and 1758 51, 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC 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) W:\ Word Processing Ordinances \Diversion West Valley.docx MD :ksn 05/13/2010 Page 17 of 37 65 66 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter 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. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data/ telecommunication centers. 28. Laundries: a. self -serve 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. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 18 of 37 38. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police d. stations e. professional f. administrative g. business, such as travel, real estate h. commercial 39. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 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. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a building. 54. Schools and studios for education or self improvement. 55. Self- storage facilities. 56. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Studios art, photography, music, voice and dance. 58. Taverns, nightclubs. 59. Telephone exchanges. 60. Theaters, excluding adult entertainment establishments, as defined by this code. 61. Tow truck operations, subject to all additional State and local regulations. 62. Truck terminals. 63. Warehouse storage and /or wholesale distribution facilities. 64. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 19 of 37 67 68 Section 21. Ordinances Amended. Ordinance Nos. 2135 §13,1865 §36, 1830 §24 and 1758 51, as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses. The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 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-arid-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 22. Ordinances Amended. Ordinance Nos. 1991 55, 1976 553, and 1758 51, as codified at TMC Section 18.30.050, are amended to read as follows: 18.30.050 Unclassified Uses. The following uses may be allowed within the Commercial/ Light Industrial District, subject to the requirements, procedures and conditions established in TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydro electric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits, together with associated structures. 7. Mass transit facilities. 8. Diversion facilities and diversion interim service facilities, provided they are located south of Strander Boulevard. Section 23. Ordinances Amended. Ordinance Nos. 2021 56, 1986 511, 1974 57, 1971. 514, 1814 52, 1774 51 and 1758 51, 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: W: \Word Processing \Ordinances \Diversion West Valley.docx MD;ksn 05/13/2010 Page 20 of 37 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC 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 carpenter 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. Daycare 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. W: \Word Processing Ordinances \Diversion West Valley.docx MD :ksn 05/13/2010 Page 21 of 37 69 70 25. Internet data/ telecommunication centers. 26. Laundries: a. self -serve 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. 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 39. Pawnbrokers. 40. Planned shopping center (Mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 48. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 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, jewehy, gifts, recreation equipment and sporting goods, and similar items. W:\ Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 22 of 37 50. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. 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. 52. Salvage and wrecking operations that are entirely enclosed within a building. 53. Schools and studios for education or self improvement. 54. Self- storage facilities. 55. 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. 56. Taverns, nightclubs. 57. Telephone exchanges. 58. Theaters, excluding adult entertainment establishments, as defined by this code. 59. Tow truck operations, subject to all additional State and IocaI regulations. 60. Truck terminals. 61. Warehouse storage and /or wholesale distribution facilities. 62. 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 24. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1, as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses. The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks, 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. 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. 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 25. Ordinances Amended. Ordinance Nos. 2021 97, 1986 §12,1974 98, 1971 915, 1814 92, 1774 92 and 1758 91, as codified at TMC Section 18.34.020, are amended to read as follows: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 23 of 37 71 72 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 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 carpenter 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. Daycare 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. W: \INord Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 24 of 37 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 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. Religious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: W: \Word Processing Ordinances \Diversion West Valley.docz MD:ksn 05/13/2010 Page 25 of 37 73 74 a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 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. 55. Schools and studios for education or self improvement. 56. Self storage facilities. 57. 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. 58, 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. 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; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 26. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 and 1758 §1, as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses. The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals. 11. Park -and -ride lots. 12. Radio, television, microwave or observation stations and towers. W:\ Word Processing Ordinances Diversion West Valley.docx MD:ksn 05/13/2010 Page 26 of 37 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 27. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2, 1774 §3 and 1758 §1, 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC 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: 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. Contractors storage yards. 9. Daycare centers. 10. Extended -stay hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 27 of 37 75 76 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. This category does not include outpatient medical and dental clinics. 25. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 26. Railroad tracks (including lead, spur, loading or storage). 27. Recreation facilities (commercial indoor) athletic or health clubs. 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 30. Research and development facilities. 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. 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. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 28 of 37 Section 28. Ordinances Amended. Ordinance Nos. 2235 57, 2021 59, 1986 514, 1974 510, 1971 516, 1814 52, 1774 54 and 1758 51, as codified at TMC Section 18.32.020, 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC 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. Daycare centers. 20. Extended -stay hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 29 of 37 77 7 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. 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. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 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. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 30 of 37 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 29. Ordinances Amended. Ordinance Nos. 2135 §17, 2028 §2, 1865 §44 and 1758 §1, as codified at TMC Section 18.38.040, are amended to read as follows: 18.38.040 Conditional Uses. The following uses may be allowed within the Manufacturing Industrial. Center /Heavy Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Colleges and universities. 2. Electrical substations distribution. 3. Fire and police stations. 4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08). 5. Offices not associated with other permitted uses and excluding medical /dental clinics, subject to the following location and size restrictions: a. New office developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was Iegaily established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand -alone office uses are shown in Figure 18 -12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12 -11 -1995 (the affective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 6. Park- and -ride lots. 7. Radios, television, microwave or observation stations and towers. 8. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 9. 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; limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. Section 30. 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, 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 one -half 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 W. \Word Processing Ordinances \Diversion West Valley.docx NID:ksn 05 /13/2010 Page 31 of 37 79 80 (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 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 carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm- related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry- cleaning W:\ Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 32 of 37 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. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area of less than 750 square feet. 48. Rental of vehicles riot 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. Research and development facilities. 51. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 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. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 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 that are entirely enclosed within a building. 56. Schools and studios for education or self improvement. 57. Self storage facilities. W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 33 of 37 81 82 58. 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. 59. Studios art, photography, music, voice and dance. 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; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. Ordinance Amended. Ordinance No. 2251, 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 daycare. 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 one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC 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. W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 34 of 37 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and uriiversities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix-it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve 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 by products, 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: W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 35 of 37 83 84 a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 56. 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. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 58. 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. 59. Schools and studios for education or self improvement. 60. Self- storage facilities. 61. Sewage lift stations. 62. 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. 63. Studios art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. 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 32. 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 W: \Word Processing \Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Page 36 of 37 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 33. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances \Diversion West Valley.docx MD:ksn 05/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 37 of 37 85