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HomeMy WebLinkAboutPlanning 2016-03-24 Item 4 - Public Hearing: 2016 Housekeeping Code Amendments - Attachment C: Title 18 Ordinance and Exhibit A and BATTACHMENT C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2103 TO ELIMINATE TUKWILA MUNICIPAL CODE CHAPTER 18.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (the "Zoning Code ") does not define "assisted living facility" and the City desires to add a definition for "assisted living facility" and to clarify the zones where such uses are permitted; and WHEREAS, the Zoning Code includes a separate chapter for each zoning district, which includes a separate list of allowed, accessory, conditional and unclassified uses, and the City Council desires to consolidate the lists into a table for the uses; and WHEREAS, the Department of Community Development maintains a list of code interpretations that clarify the regulations pertaining to alternate fueling station, arenas, brewery /taproom, assisted living facility and townhomes, and the City Council desires to codify these code interpretations; and WHEREAS, with the adoption of the Tukwila Urban Center zoning, existing buildings taller than 45 feet are considered non - conforming, resulting in some unintended consequences, and the City Council desires to amend the Zoning Code to address the status of pre- existing buildings taller than 45 feet; and WHEREAS, the City Council wishes to clarify that single - family dwelling design standards apply to accessory structures requiring a building permit; and W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 1 of 25 63 WHEREAS, the 2009 housekeeping code amendments to the land use decision tables in TMC Chapter 18.104 authorized the use of a hearing examiner to the maximum extent allowed by law for quasi - judicial land use decisions, but the procedures section of the code is inconsistent with the 2009 amendments and, therefore, should be amended to be consistent; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City Council desires that the different sections be consistent; and WHEREAS, the City Council wishes to clarify the Zoning Code variance criteria; and WHEREAS, the Housing Options Program was sunset in 2008 and the ordinance that established the Housing Options Program should be repealed until such time that the City reinstates the Program; and WHEREAS, on , the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non - Significance on the proposed amendments; and WHEREAS, on , the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on , the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on , the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 64 MD:bjs Page 2 of 25 Section 2. Regulations Established. Tukwila Municipal Code Chapter 18.09, "Land Uses Allowed by District," is hereby established to read as follows: CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Refer to Table 18 -6, "Land Uses Allowed by District." [attached hereto as Exhibit A] Refer to Table 18 -2, "Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District [attached hereto as Exhibit B] Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. Section 3. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. The following sections in TMC Chapter 18.10 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.10.020, Permitted Uses 1976 §17 1865 §5 1758 §1 (part) as codified at TMC 18.10.020 18.10.030, Accessory Uses 2368 §4 2251 §11 1989 §2 1976 §18 1758 §1 (part) as codified at TMC 18.10.030 18.10.040, Conditional Uses 2251 §12 2135 §3 1976 §19 1758 §1 (part) as codified at TMC 18.10.040 18.10.050, Unclassified Uses 1865 §6 1816 §1 1758 §1 (part) as codified at TMC 18.10.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.10.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 3 of 25 65 66 Section 4. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. The following sections in TMC Chapter 18.12 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.12.020, Permitted Uses 2199 §11 1976 §20 1865 §9 1758 §1 (part) as codified at TMC 18.12.020 18.12.030, Accessory Uses 2368 §6 2251 §14 1989 §3 1976 §21 1758 §1 (part) as codified at TMC 18.12.030 18.12.040, Conditional Uses 2251 §15 2135 §4 1976 §22 1758 §1 (part) as codified at TMC 18.12.040 18.12.050, Unclassified Uses 2097 §7 1865 §10 1816 §1 1758 §1 (part) as codified at TMC 18.12.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.12.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 5. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. The following sections in TMC Chapter 18.14 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.14.020, Permitted Uses 2199 §13 1976 §24 1865 §13 1830 §2 1758 §1 (part) as codified at TMC 18.14.020 18.14.030, Accessory Uses 2368 §8 2251 §17 1989 §4 1976 §25 1758 §1 (part) as codified at TMC 18.14.030 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 4 of 25 18.14.040, Conditional Uses 2251 §18 2135 §5 1976 §26 1758 §1 (part) as codified at TMC 18.14.040 18.14.050, Unclassified Uses 2097 §8 1865 §14 1816 §1 1758 §1 (part) as codified at TMC 18.14.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.14.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 6. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. The following sections in TMC Chapter 18.16 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.16.020, Permitted Uses 2287 §7 2251 §19 2097 §9 1986 §5 1976 §28 1971 §7 1830 §5 1814 §2 1758 §1 (part) as codified at TMC 18.16.020 18.16.030, Accessory Uses 2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TMC 18.16.030 18.16.040, Conditional Uses 2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TMC 18.16.040 18.16.050, Unclassified Uses 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TMC 18.16.050 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 5 of 25 67 The four TMC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 7. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.18.020, Permitted Uses 2287 §9 2251 §23 2097 §11 1986 §6 1976 §31 1971 §8 1830 §8 1814 §2 1758 §1 (part) as codified at TMC 18.18.020 18.18.030, Accessory Uses 2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TMC 18.18.030 18.18.040, Conditional Uses 2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TMC 18.18.040 18.18.050, Unclassified Uses 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TMC 18.18.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 68 MD:bjs Page 6 of 25 Section 8. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TMC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.20.020, Permitted Uses 2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TMC 18.20.020 18.20.030, Accessory Uses 2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TMC 18.20.030 18.20.040, Conditional Uses 2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified at TMC 18.20.040 18.20.050, Unclassified Uses 1865 §21 1758 §1 (part) as codified at TMC 18.20.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 9. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TMC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.22.020, Permitted Uses 2287 §12 2251 §29 2097 §13 1976 §40 1954 §1 1830 §11 1814 §2 1758 §1 (part) as codified at TMC 18.22.020 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 7 of 25 69 18.22.030, Accessory Uses 2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TMC 18.22.030 18.22.040, Conditional Uses 2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TMC 18.22.040 18.22.050, Unclassified Uses 1865 §24 1816 §1 1758 §1 (part) as codified at TMC 18.22.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 10. TMC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TMC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.24.020, Permitted Uses 2368 §18 2287 §13 2251 §32 2021 §2 1986 §7 1971 §10 1865 §27 1830 §14 1814 §2 1758 §1 (part) as codified at TMC 18.24.020 18.24.030, Accessory Uses 2368 §19 2251 §33 1989 §5 1976 §43 1758 §1 (part) as codified at TMC 18.24.030 18.24.040, Conditional Uses 2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 70 MD:bjs Page 8 of 25 1865 §28 1830 §15 1758 §1 (part) as codified at TMC 18.24.040 18.24.050, Unclassified Uses 1976 §44 1865 §29 1758 §1 (part) as codified at TMC 18.24.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 11. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. The following sections in TMC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.26.020, Permitted Uses 2368 §22 2287 §15 2251 §35 2021 §3 1986 §8 1971 §11 1830 §17 1814 §2 1758 §1 (part) as codified at TMC 18.26.020 18.26.030, Accessory Uses 2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TMC 18.26.030 18.26.040, Conditional Uses 2368 §23 2287 §16 2251 §37 2135 §11 1974 §4 1865 §32 1830 §18 1758 §1 (part) as codified at TMC 18.26.040 18.26.050, Unclassified Uses 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TMC 18.26.050 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 9 of 25 71 The four TMC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 12. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18 -2 within TMC Chapter 18.28, is hereby amended to update Table 18 -2, "Tukwila Urban Center — Land Uses Allowed by District," to read as per Exhibit B attached herein. Section 13. Ordinance No. 2443 §4, as codified in TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," at TMC Section 18.28.030, subparagraph A, is hereby amended to read as follows: 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18 -16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC Title 18, "Zoning," provided that the regulations and provisions of the entire Tukwila Municipal Code shall apply when not specifically covered by this chapter; and, further, provided that where Title 18 and the goals of the Southcenter Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC Chapter 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC Chapter 18.45, "Environmentally Sensitive Areas," and TMC Chapter 18.54, "Tree Regulations." 5. Alterations to non - conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC Chapter 18.70, "Non - Conforming Lots, Structures and Uses.. -1" except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non - conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC Title 16, "Buildings and Construction." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 72 MD:bjs Page 10 of 25 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC Title 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. Section 14. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.30.020, Permitted Uses 2368 §29 2287 §20 2251 §41 2021 §5 1986 §10 1974 §6 1971 §13 1830 §23 1814 §2 1758 §1 (part) as codified at TMC 18.30.020 18.30.030, Accessory Uses 2251 §42 1989 §8 1976 §52 1758 §1 (part) as codified at TMC 18.30.030 18.30.040, Conditional Uses 2368 §30 2287 §21 2251 §43 2135 §13 1865 §36 1830 §24 1758 §1 (part) as codified at TMC 18.30.040 18.30.050, Unclassified Uses 2287 §22 1991 §5 1976 §53 1758 §1 (part) as codified at TMC 18.30.050 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 11 of 25 73 The four TMC sections referenced above are replaced with one section to read as follows: 18.30.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 15. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. The following sections in TMC Chapter 18.32 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.32.020, Permitted Uses 2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1974 §7 1971 §14 1814 §2 1774 §1 1758 §1 (part) as codified at TMC 18.32.020 18.32.030, Accessory Uses 2251 §45 1976 §54 1758 §1 (part) as codified at TMC 18.32.030 18.32.040, Conditional Uses 2368 §33 2287 §24 2251 §46 2135 §14 1865 §38 1758 §1 (part) as codified at TMC 18.32.040 18.32.050, Unclassified Uses 1991 §6 1865 §39 1758 §1 (part) as codified at TMC 18.32.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.32.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 74 MD:bjs Page 12 of 25 Section 16. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. The following sections in TMC Chapter 18.34 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.34.020, Permitted Uses 2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 1986 §12 1974 §8 1971 §15 1814 §2 1774 §2 1758 §1 (part) as codified at TMC 18.34.020 18.34.030, Accessory Uses 2251 §48 1971 §55 1758 §1 (part) as codified at TMC 18.34.030 18.34.040, Conditional Uses 2287 §26 2251 §49 2135 §15 1865 §40 1758 §1 (part) as codified at TMC 18.34.040 18.34.050, Unclassified Uses 1991 §7 1865 §41 1758 §1 (part) as codified at TMC 18.34.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.34.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 17. TMC Chapter 18.36, "Manufacturing /Industrial Center — Light (MIC /L) District," Amended. The following sections in TMC Chapter 18.36 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.36.020, Permitted Uses 2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 13 of 25 75 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 18.36.030, Accessory Uses 2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TMC 18.36.030 18.36.040, Conditional Uses 2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TMC 18.36.040 18.36.050, Unclassified Uses 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified at TMC 18.36.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 18. TMC Chapter 18.38, "Manufacturing /Industrial Center — Heavy (MIC /H) District," Amended. The following sections in TMC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.38.020, Permitted Uses 2368 §39 2335 §6 2287 §28 2251 §5 2235 §7 2021 §9 1986 §14 1974 §10 1971 §16 1814 §2 1774 §4 1758 §1 (part) as codified at TMC 18.38.020 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 76 MD:bjs Page 14 of 25 18.38.030, Accessory Uses 2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TMC 18.38.030 18.38.040, Conditional Uses 2335 §8 2287 §29 2135 §17 2028 §2 1865 §44 1758 §1 (part) as codified at TMC 18.38.040 18.38.050, Unclassified Uses 1991 §9 1976 §58 1865 §45 1758 §1 (part) as codified at TMC 18.38.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.38.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 19. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.40.020, Permitted Uses 2407 §9 2368 §41 2287 §30 2251 §54 2235 §8 2097 §17 2021 §10 1986 §15 1974 §11 1971 §17 1830 §25 1814 §2 1774 §5 1758 §1 (part) as codified at TMC 18.40.020 18.40.030, Accessory Uses 2368 §42 2251 §55 1976 §59 1758 §1 (part) as codified at TMC 18.40.030 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 15 of 25 77 18.40.040, Conditional Uses 2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TMC 18.40.040 18.40.050, Unclassified Uses 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TMC 18.40.050 The four TMC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 20. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TMC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinance(s) 18.41.020, Permitted Uses 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TMC 18.41.020 18.41.030, Accessory Uses 2368 §46 2251 §58 2235 §10 18.41.040, Conditional Uses 2251 §59 2235 §10 (part) as codified at TMC 18.41.040 18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050 18.41.060, Special Permission Uses 2235 §10 (part) as codified at TMC 18.41.060 The five TMC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 78 MD:bjs Page 16 of 25 Section 21. TMC Chapter 18.42, "Public Recreation Overlay District," Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.42.020, "Permitted Uses," is hereby amended to read as follows: 18.42.020 Land Uses Allowed Refer to TMC Chapter 18.09, "Land Uses Allowed by District." Section 22. Ordinance No. 2098 §2, as codified in TMC Chapter 18.50, "Supplemental Development Standards," at TMC Section 18.50.050, is hereby amended to read as follows: 18.50.050 Single - Family Dwelling Design Standards All new single - family dwellings, including accessory structures that require a building permit, Program, constructed under building permits submitted to the City after August 19, 2005, must: 1. Be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully - enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the State's energy code. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber - cement siding, wood - composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide.; and 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 17 of 25 79 Section 23. Ordinance Nos. 2368 §54, 2251 §66, 1795 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.56, "Off- Street Parking and Loading Regulations," at TMC Section 18.56.040, are hereby amended to read as follows: 18.56.040 General Requirements Any required off - street parking and loading facilities shall be developed in accordance with the following standards: 1. LOCATION. Any on- premises parking area which that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing ExaminerBoard of Architectural Review approval for the entire parking lot. 2. MINIMUM PARKING. Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 3. TANDEM PARKING SPACES. In the MDR and HDR zones, tandem spaces (where one car is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem parking spaces will be designed for full size rather than compact size vehicles based on the dimensions in Figure 18 -6. 4. PARKING AREA AND PARKING AREA ENTRANCE AND EXIT SLOPES. The slope of off - street parking spaces shall not exceed 5 %. The slope of entrance and exit driveways providing access for off - street parking areas and internal driveway aisles without parking stalls shall not exceed 15 %. 5. DRIVEWAYS AND MANEUVERABILITY. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Public Works Director and the Board of Architectural Review. c. All parking spaces shall be internally accessible to one another without reentering adjoining public streets. d. When off - street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to rear parking area, such driveway shall require a minimum width of twelve feet and a sidewalk of at least a three - foot section, adjoining the building, curbed or raised six inches above the driveway surface. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 80 MD:bjs Page 18 of 25 e. Ingress and egress to any off - street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or the Community Development Director may require ingress separate from an egress for smoother and safer flow of traffic. 6. The Director may require areas not designed or approved for parking to be appropriately marked and /or signed to prevent parking. 7. SURFACE. a. The surface of any required off - street parking or loading facility shall be paved with asphalt, concrete or other similar approved material(s) and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. All traffic - control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. c. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. d. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. e. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 8. PARALLEL PARKING STALLS. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right -of -way. 9. OBSTRUCTIONS. No obstruction which that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 10. LIGHTING. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 11. CURB -CUTS. All parking areas shall have specific entrance and /or exit areas to the street. The width of access roads and curb -cuts shall be determined by the Public Works Director. The edge of the curb -cut or access road shall be as required by the Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single - family districts shall be limited to a maximum of 20 feet in width and the location shall be approved by the Public Works Director. 12. PARKING STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 19 of 25 81 Section 24. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as follows: 18.64.010 Purpose It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing ExaminerPlanning Commission under such conditions as the commission Hearing Examiner may impose. Section 25. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby amended to read as follows: 18.64.030 Application — Requirements and Fees Application for conditional use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the "Application Fees" chapter of this title. Applications for conditional use permits shall be Type 34 decisions and shall be processed pursuant to TMC Section 18.108.040. Section 26. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby amended to read as follows: 18.64.060 Expiration and Renewal A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing ExaminerPlanning Commiccion or City Council, on appea -I may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner' . • • • : -e•••• : • _ -5.• , e • -se-. , may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 82 MD:bjs Page 20 of 25 Section 27. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing ExaminerPlanning Commission may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations°; o-r 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development Planning Commie ion in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Section 28. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby amended to read as follows: 18.64.080 Performance Bond and Other Security A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner or City Council, on appeal, determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 21 of 25 83 Section 29. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as follows: 18.64.090 Resubmittal of Application An application for a conditional use permit which that has been denied may not be resubmitted within six months from the date of the Hearing Examiner'sPlanning Commi° ion or Council disapproval., whichever is later. Section 30. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby amended to read as follows: 18.70.040 Nonconforming Uses Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three -year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Planning Commission Hearing Examiner and /or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 84 MD:bjs Page 22 of 25 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 31. Ordinance Nos. 1796 §3 (part) and 1758 §1 (part), as codified in TMC Chapter 18.72, "Variances," at TMC Section 18.72.020, are hereby amended to read as follows: 18.72.020 Criteria for Granting Variance Permit The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 23 of 25 85 Section 32. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.030, is hereby amended to read as follows: 18.100.030 Determination of Consistency with Adopted Plans and Regulations — Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, aril `wen the , the hearing body shall make and enter findings of fact and conclusions from the record which that support the decision or recommendation. Such findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. _.. as _a.... Section 33. Ordinance No. 1769 §1 (part), as codified in TMC Chapter 18.100, "Standards for Approval of Permits," at TMC Section 18.100.050, is hereby amended to read as follows: 18.100.050 Additional Findings — Preliminary Plats When the hearing bodyCity Council makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school_; and 2. The public use and interest will be served by the platting of such subdivision and dedication. 3. If the hearing bodyCity Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing bodyCity Council shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and /or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. Section 34. Repealer. Ordinance No. 2103, as codified as TMC Chapter 18.120, "Housing Options Program — Temporary," is hereby repealed, thereby eliminating TMC Chapter 18.120 in its entirety. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 86 MD:bjs Page 24 of 25 Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 36. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 37. 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 , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Table 18 -6, "Land Uses Allowed by District" Exhibit B — Table 18 -2, "Tukwila Urban Center — Land Uses Allowed by District" W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 3 -11 -16 MD:bjs Page 25 of 25 87 88 Exhibit A to Title 18 Ordinance Table 18 -6: Land Uses Allowed by District See Table 18 -2 for uses allowed in TUC and Figure 18 -1 for uses allowed in Shoreline. P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS TS0 PRO Adult day care A A A A A A A P Adult entertainment (subject to location restrictions') P P P P P P P Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats /dogs =no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Automobile, recreational vehicles or travel trailer or used car sales lots 2 P P P P P P P Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and Alternate fueling station( -not P P P P P P P P P P wholesale distribution facilities). Beauty or barber shops P P P P P P P P P C3 C4 P P Bed and breakfast lodging for not more than twelve guests5 C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Billiard or pool rooms P A P P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cabinet shops or carpenter shops employing less than five people P P P P P P P P Cargo containers ( *see also 18.50.060) A &S A &S A &S A &S A &S A &S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C P Page 1 00 CD CO i Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO Commercial laundries P P P P P P P Commercial Parking p7 p7 p7 p7 p7 P8 P8 p8 Computer software development and similar uses P P P P P P P P P P9 C10 P P P Contractor storage yards P P P P P P Continuing care retirement facility. C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than C P P P C P P P P P P twelve patients Convalescent & nursing homes& assisted living facility for more than twelve C C C C C C C P patients Convention facilities P P P P P P P Correctional institutes U11 U U U Daycare Centers (not home - based) P P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities* U Dormitory* C C C A A A A A A A A A A A Drive -in theatres C C C C C C Dwelling — Detached Single family (Includes site built, modular home or new manufactured home ) P P P P P P P P p14 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units. P Dwelling- Townhouses up to 4 attached units P Dwelling —Multi-family P p15 p14 Dwelling — Multi- family units above office and retail uses P P P P X16 22/ ac p14 Dwelling — Senior citizen housing, including assisted living facility for seniors P meeting P 60 /ac p 60 /ac P 60/ ac p 60/ ac P 60 /ac C16 100/ ac P14 P density *see purpose section of chapter, uses sections, and development standards. This includes assisted living facility for seniors. and all other MDR standards Dwelling unit — Accessory 17 A A A A A A A A A Electrical Substation — Distribution C C C C C C C C C C C C C C P Electrical Substation — Transmission/Switching U U U U Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Page 2 P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A P P P P P P P P P P Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel /motel P P P P P P P Farming and farm - related activities P P Financial, banking, mortgage, other services P P P P P P P P P9 3 C C4 P P Fire & Police Stations C C C C C C C C C C C C C C C P Fix -it, radio or television repair shops /rental shops P P P P P P P P P Fraternal organizations P P C P P P P P P P P Frozen food lockers for individual or family use P P P P P P P P Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence and is subject to the regulations affecting the main building. A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation *see definition and accessory use A A A A A A A A A A Hospitals C C C C C C C C P Hospitals, sanitariums, or similar institutes C Hotels P P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data /Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U U Laundries; self serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf. /Mobile home park18 C P Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs P19 P P P P P P P P P (D CO 'Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO B) 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 P19 P P P P P P P P P C) 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 P19 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included P P P P ii)) No fermenting and distilling Pie p p p P P Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: A) 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) C C P C P C B) 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 C C P C P C C) Manufacturing, processing and /or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and /or packaging 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 P P P P P C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 4 P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) P P p20 Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 21 S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Movie theaters with three or fewer screens P Movie theaters with more than 3 screens 22 S Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial 23 P P 23 P 24 P P P P P P P9 C10 P25 e6 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Outpatient and emergency medical and dental services C3 C4 Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P Pawnbroker C C P P P P P Planned Shopping Center (mall) P P P P P P p27 Plumbing shops (no tin work or outside storage) P P P P P P P P Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq ft P P P P P P P P P P P Religious facilities with an assembly area greater than 750 sq ft and community center buildings C C C C C C C C C C C Religious facility and community center buildings. C C C CO W Page 5 CO I Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P P P P P P P P P Restaurants including cocktail lounges in conjunction with a restaurant P P C P Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber /bldg. materials, lawn &garden supplies, farm supplies P P P P P P P P Retail sales, e.g. health/ beauty aids/ prescription drugs/ food / hardware / notions /crafts /supplies /housewares/ electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/ shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. P P P P P P P P C3 C4 P P 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). P P Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52* P P P P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Schools and studios for education or self improvement P P P P P P P P P p 9C10 p28 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) Secure community transition facility 29 U Self storage facilities P P P P P P P P P Sewage lift station U U U U U U U P Shelter P P P P P Stable (private)30 A A A P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P P P P P P P P P Page 6 P = Permitted, A = Accessory, C = Conditional, U = Unclassified, S= Special Permission Parking: NP =no additional parking requirement, PC =by Planning Commission, D =by Director, HE =by Hearing Examiner LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC /L MIC /H TVS ISO PRO 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 P P P C C Stormwater- neighborhood detention + treatment facilities U U U U U U U P Stormwater pump station U U U U U U U Studios —Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P p p p31 p31 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P 32 p Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U U Truck terminals P P P P P P Utilities, regional C Vehicle storage(no customers onsite, does not include park- and -fly operations) P Warehouse storage and /or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities ( *see TMC 18.58) P P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b .Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. 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. CD 01 Page 7 CO 0) 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. No dismantling of cars or travel trailers or sale of used parts allowed. 3. 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; retail services such as beauty and barber shops, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. 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; retail services such as beauty and barber shops, financial services, outpatient and emergency medical /dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and /or the employees of those uses. 5. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. 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. 8. Commercial parking subject to TMC Chapter 18.56, Off - Street Parking and Loading Regulations. 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Allowed after residential design manual with criteria for approval is adopted by ordinance. 15. 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. Page 8 16. Dwelling - Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non - industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 17. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 18. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 19. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. 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. 20. Where the underlying zoning is HI or TVS 21. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non - conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. Page 9 CO °913 Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. 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, 25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 26. 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 legally 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 effective date of the Comprehensive Plan) may convert to a stand -alone office use subject to the provisions of this code. 27. Planned shopping center (mall) up to 500,000 square feet. 28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 29. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following 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 residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity /facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050 -12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050 -12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility 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. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18 -11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites /facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 31. No night clubs 32. Theaters for live performances only, not including adult entertainment establishments. Page 10 Exhibit B to Title 18 Ordinance TUC: Land Uses Allowed By District ** (Table 18 -2) Business license P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18 -5 or Figure 18 -7 Regional Center TOD Pond District Commercial Corridor Work -Place Retail 60 Animal Kennels and Shelters, including doggy daycare C C 810A Athletic or Health Clubs P P P P P 90 Automotive Service and Repair P2 P 400 Banks, Financial, Insurance, and Real Estate Services P P P 1030 Bar & Nightclubs P P3 P P Ref. abovet Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls P P P P Bulk Retail P P P Business Services (e.g. copying, fax and mailing centers) P P P P Ref. abovet Drive Through Facilities or Services P P3 P P 360A Electric Vehicle Charging Station L1 &2 P P P P P 360B Electric Vehicle Charging State L3 A P3 A A A 90 Gas Stations, including Car Wash P3 P P General Retail P P P P P Ref. abovet Laundries, Tailors, and Dry Cleaners P P P P P Ref. abovet Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) P P P P Ref. abovet Recreation Facilities (commercial indoor) P P P P 810C Recreation Facilities (commercial outdoor) P Ref. abovet Repair Shops (small scale goods: bicycle, appliance, shoe, computer) P P P P Ref. abovet Restaurants with associated cocktail lounges and sidewalk cafes P P P P P6 Ref. abovet Theaters except adult entertainment P P P 840 Vehicle Rental and Sales (not requiring a commercial DL) P P3 P5 P 70 Veterinary Clinic with temporary indoor boarding and grooming P P P P P Office Professional, Outpatient Medical, Dental, Governmental Services, and P Research P P P P 630 Medical and Dental Laboratories P P P P Lodging Ref. abovet Hotel, Motel, Extended Stay, Bed and Breakfasts P P P Civic & Institutional 290 Convention & Exhibition Facilities, including multipurpose arena facilities P P3 P Page 1 CO 5Ref. abovet Cultural Facilities, including: libraries, museums, art galleries, performing arts centers P P P Ref. abovet Daycare Centers P P P P P Ref. abovet Education and Instructional Facilities, public and private including college and universities P P P Ref. abovet Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers P P P P P 410 Police and Fire Stations C C C P P Business license P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use Permit For parking requirements see Table 18 -5 or Figure 18 -7 Regional Center TOD Pond District Commercial Corridor Work -Place Post Office P P P 820B Religious Institutions, greater than 750 sf assembly area C C C C C 820A Religious Institutions, less than 750 sf assembly area P P P P P Industrial, Manufacturing, & Warehouse 190 Cargo Containers subject to TMC 18.50.060 A 550 Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) P Ref. abovet Light Industrial: Manufacturing, Processing and Assembling uses that have little potential for creating off -site noise, smoke, dust, vibration or other external impacts or pollution. Manufacturing and processing of food and P beverages including fermenting and distilling; with or without a tasting room, provided the tasting room occupies less than 50% of the total area of the building occupied by the tenant but no more than 3500 square feet; and the manufacturing process does not cause off -site impacts to neighboring properties or create a public nuisance. 990A /B Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 A 960 Self- Storage Facilities P 1110 Warehouse Storage and Wholesale Distribution Facilities P Transportation, Communication, & Infrastructure 240 Commercial Parking, day use only P P P P P 370 Essential Public Facilities, except those listed separately UUP UUP UUP UUP UUP Intermodal Transit Stations, Rail transit facilities UUP UUP UUP UUP UUP Ref. abovet Internet Data Centers & Telephone Exchanges P 7100 Park and Ride Lots UUP UUP UUP UUP 720 Parking Areas A A A A A Public Transit Facilities and Stations (Bus) P P P P P 780 Radio, Television, Microwave, or Observation Stations and Towers C C C C C Ref. abovet Utility Facilities, above ground/ not in ROW C C C C P Ref. abovet Utility Facilities, underground /in ROW P P P P P 1140 Wireless Communication Facilities P' P' P' P' P' Page 2 t Reference the above general zoning code use matrix for specific business license code. ** See TMC 18.28.260 for District specific parking standards. 1. Minimum interior height for ground level retail of all types is 18 feet from floor to floor plate. Use conversions in existing buildings are not required to meet this standard. 2. New businesses are limited to locations within the Freeway Frontage Corridor. See additional design standards in the Southcenter Design Manual. 3. East of the Green River only. 4. Only on properties fronting the Green River or Minkler Pond. 5. Excludes vehicle storage or maintenance. 6. 3,500 sf max per use. 7. Subject to TMC 18.58. Page 3 Residential 320 Dormitories A A Ref. above' Dwelling: Multi- family, Townhouses, Mixed Use, Senior Citizen Housing P P P p4 510 Home Occupation A A A P4 270 Continuing Care Retirement Community P P t Reference the above general zoning code use matrix for specific business license code. ** See TMC 18.28.260 for District specific parking standards. 1. Minimum interior height for ground level retail of all types is 18 feet from floor to floor plate. Use conversions in existing buildings are not required to meet this standard. 2. New businesses are limited to locations within the Freeway Frontage Corridor. See additional design standards in the Southcenter Design Manual. 3. East of the Green River only. 4. Only on properties fronting the Green River or Minkler Pond. 5. Excludes vehicle storage or maintenance. 6. 3,500 sf max per use. 7. Subject to TMC 18.58. Page 3