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HomeMy WebLinkAboutCAP 2016-04-25 Item 2A - Ordinances - 2016 Housekeeping Code AmendmentsCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Jack Pace, Community Development Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: April 20, 2016 SUBJECT: 2016 Housekeeping Code Amendments ISSUE Public Hearing regarding the proposed housekeeping code changes to the Zoning, Subdivision /Plats, State Environmental Policy Act (SEPA), and Sign Codes. BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Codes together for your consideration. Staff briefed the Community Affairs and Parks Committee on February 22, 2016 and the Committee forwarded them to the Planning Commission for review and recommendation. The Planning Commission held a public hearing on all the proposed changes on March 24, 2016 and their recommendations are reflected in the attached ordinances in the underline /strikeout format. DISCUSSION I. Proposed Title 18 Zoning Code Changes (See Attachment C for the Title 18 Ordinance) 1. Add an Assisted Living Facility definition and list it as a permitted /conditional use where convalescent center use is allowed and consider assisted living facility for seniors similar to a senior citizen housing. See Attachment A for the proposed and existing definitions and the list of zones where these are permitted. The zoning map can be found online at http: / /www.tukwilawa.gov /wp- content/uploads /Comp -Plan Zoning- Map.pdf Planning Commission also recommended to amend the definition of Senior Citizen Housing (See Section 1, 2 and Exhibit A of the Title 18 Ordinance). 2. Delete the list of permitted uses in each separate zoning district chapter and create a new chapter with Zoning Code Use Matrix. See Exhibit A to Title 18 Ordinance for the matrix and the existing list of uses that the matrix would replace are attached as Attachment B. (See sections 3, 4 -12, 15 -22 of the Title 18 Ordinance). 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similarly to other automotive services; Arenas are a permitted use in TUC -TOD; Townhouses are not limited to four - plexes in HDR (Section 3 and Exhibit A of the Title 18 Ordinance; Brewery/Taprooms are permitted in TUC -WP (Section 13 and Exhibit B of the Title 18 Ordinance)'. INFORMATIONAL MEMO Page 2 4. With the adoption of the new Tukwila Urban Center Zoning height limits a few existing buildings that are taller than 45 feet became non - conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to "grandfather" in pre- existing buildings that are taller than 45 feet. (Section 14 of the Title 18 Ordinance). 5. Clarify that single family dwelling design standards such as the minimum roof pitch of 5:12 apply to accessory structures such as detached garages that require a building permit. (Section 23 of the Title 18 Ordinance) 6. The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi - judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: a. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review - Section 24 of the Title 18 Ordinance); b. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission - Section 25, 26, 27, 28, 29, 30 of the Title 18 Ordinance). c. TMC18.70.040 (Non- conforming uses - Section 31 of the Title 18 Ordinance); d. 18.100.030 &.050 (Correcting the hearing body on Type 4 decisions and Preliminary Plats are reviewed by the hearing examiner /Board of Architectural Review instead of City Council- Section 33 and 34 of the Title 18 Ordinance); 7. Amend the zoning code variance criteria to include a criterion that variances are not permitted when the undue hardship is created by the actions of the applicant. This is standard in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criterion. (Section 32 of the Title 18 Ordinance). 11. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. (Section 1 of the Title 17 Ordinance). III. Proposed Title 21 SEPA Changes 1. Update TMC 21.04.110 and 21.04.152 to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated the SEPA rules resulting in some incorrect references in Tukwila Municipal Code. (Section 1, 2 of the Title 21 Ordinance). 2. Revise the SEPA ordinance to track development proposals in the Tukwila Urban Center. A 2 Supplemental EIS (SEIS) prepared in 2014 focused on potential impacts associated with INFORMATIONAL MEMO Page 3 increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project- specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SETS do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. (Section 3 of the Title 21 Ordinance). 3. Update the plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. (Section 4 of the Title 21 Ordinance). IV. Proposed Title 19 Sign Code Changes 1. Remove references to political signs and any other content based language in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. (Section 1,6,7,9,10 of the Title 19 Ordinance) 2. Planning Commission recommended to incorporate some of language that was removed as part of repealing the political signs section such as no signs can be installed without the property owners' permission. (Section 2 of the Title 19 Ordinance). 3. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum otherwise allowed. (Section 5 of the Title 19 Ordinance). 4. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. (Section 3 of the Title 19 Ordinance) 5. Allow one additional building mounted sign for multi- tenant complexes which do not qualify for the master sign program. (Section 4 of the Title 19 Ordinance) 6. Revise maximum size requirements for fuel canopy signs from a maximum of 5 sq. ft. to 10 sq. ft. or one third of the area of the canopy whichever is less. (Section 4 of the Title 19 Ordinance) 7. Allow the signage for one sign on a premise to be split into two signs under the Master Sign Program. (Section 8 of the Title 19 Ordinance) FINANCIAL IMPACT N/A RECOMMENDATION The Committee is being asked to forward the Planning Commission's recommendations to the Committee of the Whole for discussion and a public hearing on May 9, 2016 and subsequent May 16, 2016, Regular Meeting. 3 INFORMATIONAL MEMO Page 4 ATTACHMENTS A: List of definitions zones associated with an assisted living facility. B. List of uses in different zones that are proposed to be replaced with a matrix C. Title 18 Ordinance along with Exhibit A and B D. Title 17 Ordinance E. Title 21 Ordinance F. Title 19 Ordinance G. Draft minutes from the Planning Commission meeting on March 24. 2016. 0 ATTACHMENT A NEW DEFINITION: TMC18.06.057 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." Per RCW 18.20 an "Assisted living facility" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well- being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71 A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. EXISTING DEFINITIONS: 18.06.170 Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. (Ord. 2235 §1 (part), 2009) 18.06.173 Convalescent /Nursing Home "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. (Ord. 2287 §4, 2010; Ord. 1976 §13, 2001) 18.06.249 Dwelling Unit "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. (Ord. 1976 §7,2001; Ord. 17.58 §1 (part), 1995) 5 18.06.247 Dwelling, Multi - Family "Multi- family dwelling" means a building designed to contain two or more dwelling units. Duration of tenancy in multi - family dwellings is not less than one month. (Ord. 1976 §4, 2001; Ord. 1758 §1 (part), 1995) 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and /or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such unitspeptilatien ef disabled individuals may not exceed 20% of the total units i -es . These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. (Ord. 1795 §I (part), 199 7) Zoning Convalescent/Nursi Convalescent/Nursi Senior Citizen Continuing ng Home & ng Home &Assisted Housing Care Assisted Living for Living for more Retirement 1.2 or less patients than 12 patients Community MDR Conditional Use - Permitted meeting density and all other MDR standards - HDR Permitted Permitted 60 du /acre MUO Permitted Conditional Use Permitted Conditional 60 du /acre Use O Permitted Conditional Use Conditional Use NCC Permitted Conditional Use Permitted Conditional 60 du /acre Use RC Permitted Conditional Use Permitted Conditional 60 du /acre Use RCC Conditional Use RCM Permitted Conditional Use Permitted Conditional 60 du /acre Use TUC - - Permitted in Permitted in Regional Center, Pond and TOD, Pond and WP. TOD C/LI Permitted Conditional Use Conditional Use TVS Permitted Conditional Use Conditional Use Conditional 100 du /acre Use TSO Permitted Permitted Permitted Permitted 0 ATTACHMENT B EXISTING LIST OF USES TO BE REPLACED BY A MATRIX LOW DENSITY RESIDENTIAL (LDR) DISTRICT 18.10.020 Permitted Uses The following uses are permitted outright within the Low - Density Residential District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling — One detached single - family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 4. In Commercial Redevelopment Area 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. (Ord. 1976 §17, 2001; Ord. 1865 §5, 1999; Ord. 1758 §1 (part), 1995) 18.10.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Low - Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §4, 2012; Ord. 2251 §11, 2009; Ord. 1989 §2, 2002, Ord. 1976 §18,2001; Ord. 1758 § 1(part), 1995) 7 18.10.040 Conditional Uses The following uses may be allowed within the Low - Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space 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. 2. Cemeteries and crematories. 3. Religious facility and community center buildings. 4. Dormitories 5. Electrical substations -- distribution. 6. Fire and police stations. 7. Libraries, museums or art galleries (public). 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. (Ord. 2251 §12, 2009; Ord. 2135 §3, 2006, Ord. 1976 §19, 2001; Ord. 1758 §1 (part), 1995) 18.10.050 Unclassified Uses The following uses may be allowed within the Low - Density Residential District, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Mass transit facilities. 3. Neighborhood stormwater detention and treatment facilities. 4 Sewage lift stations. 5. Stormwater pump stations. 6. Water pump stations. 7. Water utility reservoirs and related facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §6, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) CHAPTER 18.12 MEDIUM DENSITY RESIDENTIAL (MDR) DISTRICT 18.12.020 Permitted Uses A. The following uses are permitted outright within the Medium Density District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling - One detached single - family dwelling per lot. 2. Dwelling - Multi- family duplex, triplex or fourplex units, or townhouse up to four attached units. 3. Detached zero -lot -line units. 4. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 5. Day care centers. 6. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 7. Shelters. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. (Ord 2199 §11, 2008, Ord. 1976 §20, 2001; Ord. 1865 §9, 1999; Ord. 1758 §1(part), 1995) 18.12.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. Minimum lot of 7,200 square feet; b. Accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. Dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. Minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet, and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above - mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §6,2012, Ord. 2251 §14,2009; Ord. 1989 §3,2002, Ord. 1976 §21, 2001; Ord. 1758 §1 (part), 1995) 18.12.040 Conditional Uses The following uses may be allowed within the Medium Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 9 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space 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. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 8. Electrical substations - distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. (Ord. 2251 §15, 2009; Ord. 2135 §4, 2006; Ord. 1976 §22, 2001; Ord. 1758 §1 (part), 1995) 18.12.050 Unclassified Uses The following uses may be allowed within the Medium - Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §7, 2005; Ord. 1865 §10, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT 10 18.14.020 Permitted Uses A. The following uses are permitted outright within the High- Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. 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. 5. Dwelling - One detached single - family dwelling per lot. 6. Dwelling — multi - family. 7. Dwelling — townhouse up to four attached units. 8. Libraries, museums or art galleries (public). 9. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 10. Shelters. B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. (Ord. 2199 §13, 2008; Ord. 1976 §24, 2001; Ord. 1865 §13, 1999; Ord. 1830 §2, 1998; Ord. 1758 §1 (part), 1995) 18.14.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the High- Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. 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. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 11 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §8,2012, Ord. 2251 §17,2009; Ord. 1989 §4, 2002; Ord. 1976 §25.2001; Ord. 1758 §1 (part), 1995) 18.14.040 Conditional Uses The following uses may be allowed within the High- Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space 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. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility and community center buildings. 5. Dormitories. 6. Electrical substations - distribution. 7. Fire and police stations. 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 2251 § 18, 2009; Ord. 2135 §5, 2006; Ord. 1976 §26, 2001; Ord. 1758 §1 (part), 1995) 18.14.050 Unclassified Uses The following uses may be allowed within the High Density Residential District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title that the Director determines to be: a. Similar in nature to other uses allowed through the Unclassified Use Permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097 §8, 2005, Ord. 1865 §14, 1999; Ord. 1816 §1, 1997, Ord. 1758 §1 (part), 1995) MIXED USE OFFICE (MUO) DISTRICT 12 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). 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 13 c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2287§7,2010; Ord. 2251 §19, 2009; Ord. 2097 §9,2005; Ord. 1986 §5,2001; Ord. 1976 §28, 2001; Ord. 1971 §7, 2001; Ord. 1830 §5, 1998, Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 18.16.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed -Use Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. 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. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Recreational area and facilities for employees. 9. Residences for security or maintenance personnel. 10. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §10, 2012; Ord. 2251 §20,2009; Ord. 1976 §29, 2001; Ord. 1758 §1 (part), 1995) 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. (Ord. 2287§8, 2010; Ord. 2251 §21,2009, Ord. 2135 §6,2006, Ord. 1865 §16, 1999; Ord. 1830 §6, 1998, Ord. 1758 § 1(part), 1995) I, 18.16.050 Unclassified Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 9. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2097§10, 2005, Ord. 1865 §17,1999, Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) OFFICE (0) DISTRICT 18.18.020 Permitted Uses The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. 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. 15 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. (Ord. 2287§9,2010; Ord. 2251 §23,2009; Ord. 2097 §11, 2005, Ord 1986 §6, 2001; Ord. 1976 §31, 2001; Ord. 1971 §8, 2001; Ord. 1830 §8, 1998; Ord. 1814 §2 (part), 1997; Ord. 1758 §1(part), 1995) 18.18.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. 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. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 § 12, 2012; Ord. 2251 §24, 2009; Ord. 1976 §32, 2001; Ord. 1758 §1 (part), 1995) 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. 16 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. (Ord. 2287 § 10, 2010, Ord. 2251 §25, 2009; Ord. 2135 §7, 2006: Ord. 1976 §33, 2001; Ord. 1865 §19, 1999; Ord. 1830 §9, 1998, Ord. 1758 §1(part), 1995) 18.18.050 Unclassified Uses The following uses may be allowed within the Office District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Correctional institution operated by the City of Tukwila. 2. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 3. Neighborhood stormwater detention and treatment facilities. 4. Stormwater pump stations. 5. Water utility reservoirs and related facilities. 6. Sewage lift stations. 7. Water pump stations. 8. Mass transit facilities. 9. Other uses not specifically listed in this title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1976 §34, 2001; Ord. 1865 §20, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1 (part), 1995) RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT 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 17 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. (Ord. 2287 §11, 2011; Ord. 2251 §26, 2009, Ord. 2097 §12,2005, Ord. 1976 §36,2001; Ord. 1758 § 1(part), 1995) 18.20.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial Center District. 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §14,2012, Ord. 2251 §27,2009, Ord. 1976 §37, 2001; Ord. 1758 §1 (part), 1995) 18.20.040 Conditional Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Brew pubs. 2. Convalescent and nursing homes for not more than 12 patients. 3. Fire and police stations. 4. Fraternal organizations. 5. Libraries, museums or art galleries (public). 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 8. Religious facility with an assembly area greater than 750 square feet and community center buildings. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 2251 §28,2009, Ord. 2135 §8, 2006; Ord. 1976 §38, 2001; Ord. 1814 §3, 1997, Ord. 1758 §1(part), 1995) 18.20.050 Unclassified Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations, which the responsible official, acting pursuant to the State Environmental Policy Act determines are significant environmental actions, may be allowed within the Residential Commercial Center District, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water Utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the District; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §21, 1999; Ord. 1758 §1(part), 1995) NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT 18.22.020 Permitted Uses The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 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; 19 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 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 20 b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2287 §12,2010, Ord. 2251 §29,2009; Ord. 2097 §13,2005; Ord. 1976 §40,2001; Ord. 1954 §1, 2001; Ord. 1830 §11, 1998, Ord. 1814 §2 (part), 1997; Ord. 1758 §1 (part), 1995) 18.22.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial Center District. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. 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. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §16,2012; Ord. 2251 §30, 2009; Ord. 1976 §41, 2001; Ord. 1758 §1 (part), 1995) 18.22.040 Conditional Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Colleges and universities. 2. Convalescent and nursing homes for more than 12 patients. 3. Electrical substations - distribution. 4. Fire and police stations. 5. Park -and -ride lots. 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Religious facility with an assembly area greater than 750 square feet and community center buildings. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 2251 §31, 2009, Ord. 2135 §9, 2006; Ord. 1865 §23, 1999, Ord. 1830 §12, 1998; Ord. 1758 §1 (part), 1995) 21 18.22.050 Unclassified Uses The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6 Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §24, 1999, Ord. 1816 § 1, 1997; Ord. 1758 §1 (part), 1995) REGIONAL COMMERCIAL (RC) DISTRICT 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 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. 22 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. 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 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant 23 41. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self- improvement. 44. Self- storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and /or wholesale distribution facilities. 51. 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. (Ord. 2368 §18, 2012; Ord. 2287 §13, 2010; Ord. 2251 §32,2009; Ord. 2021 §2,2003; Ord. 1986 §7, 2001; Ord. 1971 §10, 2001; Ord. 1865 §27, 1999, Ord. 1830 §14, 1998, Ord. 1814 §2 (part), 1997, Ord. 1758 §1 (part), 1995) 18.24.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. 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. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §19, 2012, Ord. 2251 §33, 2009; Ord. 1989 §5, 2002, Ord. 1976 §43, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 24 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging. 13. Park - and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave or observation stations and towers. 16. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. (Ord. 2368 §20, 2012; Ord. 2287 §14, 2010, Ord. 2251 §34, 2009, Ord. 2135 §10, 2006; Ord. 1974 §3, 2001; Ord. 1865 §28, 1999, Ord. 1830 § 15, 1998; Ord. 1758 §1 (part), 1995) 18.24.050 Unclassified Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 1976 §44, 2001; Ord. 1865 §29, 1999; Ord. 1758 §1 (part), 1995) REGIONAL COMMERCIAL MIXED -USE (RCM) DISTRICT 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 25 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 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. 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; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. 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 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 26 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial - indoor), athletic or health clubs. 37. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 42. 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. 43. Schools and studios for education or self- improvement. 44. Self- storage facilities. 45. 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. 46. Studios - art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and/or wholesale distribution facilities. 51. 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. (Ord. 2368 §22, 2012; Ord. 2287 § 15, 2010, Ord. 2251 §35, 2009, Ord. 2021 §3, 2003; Ord. 1986 §8, 2001; Ord. 1971 §11, 2001; Ord. 1830 §17, 1998; Ord. 1814 §2, 1997; Ord. 1758 §1 (part), 1995) 18.26.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §36,2009; Ord. 1989 §6,2002, Ord. 1976 §49, 2001; Ord. 1758 §1 (part), 1995) 27 18.26.040 Conditional Uses The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to 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. (Ord. 2368 §23,2012, Ord. 2287 §16,2010; Ord. 2251 §37,2009; Ord. 2135 §11, 2006; Ord. 1974 §4, 2001; Ord. 1865 §32, 1999; Ord. 1830 § 18, 1998, Ord. 1758 § 1(part), 1995) 18.26.050 Unclassified Uses The following uses may be allowed within the Regional Commercial Mixed Use District, subject to the requirements, procedures and conditions established by TMC Chapter 18.66. 1. Essential public facilities, except those uses listed separately in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. (Ord. 2097 §14, 2005, Ord. 1991 §3, 2002; Ord. 1976 §48, 2001; Ord. 1865 §33, 1999; Ord. 1758 §1 (part), 1995) COMMERCIAULIGHT INDUSTRIAL (C /LI) DISTRICT 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) 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. 29 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturing, processing, assembly, packaging and /or repair 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. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. 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 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 37. Pawnbrokers. 38. Planned shopping center (mall). 39. Plumbing shops (no tin work or outside storage). 40. Railroad tracks (including lead, spur, loading or storage). 41. Recreation facilities (commercial - indoor), athletic or health clubs. 42. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 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. 30 49. 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. 50. Salvage and wrecking operations that are entirely enclosed within a building. 51. Schools and studios for education or self improvement. 52. Self- storage facilities. 53. 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. 54. Studios - art, photography, music, voice and dance. 55. Taverns, nightclubs. 56. Telephone exchanges. 57. Theaters, excluding adult entertainment establishments, as defined by this code. 58. Tow truck operations, subject to all additional State and local regulations. 59. Truck terminals. 60. Warehouse storage and /or wholesale distribution facilities. 61. 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. (Ord. 2368 §29,2012; Ord. 2287 §20,2010; Ord. 2251 §41,2009; Ord. 2021 §5,2003; Ord. 1986 §10, 2001; Ord. 1974 §6, 2001; Ord. 1971 §13, 2001; Ord. 1830 §23, 1998, Ord. 1814, §2, 1997; Ord. 1758 §1(part), 1995) 18.30.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Commercial Light Industrial District. 1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §42, 2009; Ord. 1989 §8, 2002; Ord. 1976 §52, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 31 10. Hospitals. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to, manufacturing, processing, assembly, packaging and /or repair of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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. 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. 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. (Ord. 2368 §30, 2012; Ord. 2287 §21, 2010; Ord. 2251 §43,2009; Ord. 2135 §13, 2006, Ord. 1865 §36, 1999; Ord. 1830 §24, 1998, Ord. 1758 §1 (part), 1995) 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. (Ord. 2287 §22,2010, Ord. 1991 §5,2002; Ord. 1976 §53, 2001; Ord. 1758 §1 (part), 1995) LIGHT INDUSTRIAL (LI) DISTRICT 18.32.020 Permitted Uses The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 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: 32 (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. 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; 33 d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. 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 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers. 36. Planned shopping center (Mall). 37. Plumbing shops (no tin work or outside storage). 38. Railroad tracks (including lead, spur, loading or storage). 39. Recreation facilities (commercial - indoor), athletic or health clubs. 40. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 square feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 44. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 47. 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. 48. Salvage and wrecking operations that are entirely enclosed within a building. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. 51. 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. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding adult entertainment establishments, as defined by this code. 55. Tow truck operations, subject to all additional State and local regulations. 56. Truck terminals. 34 57. Warehouse storage and /or wholesale distribution facilities. 58. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 §32,2012; Ord. 2287§23,2010, Ord. 2251 §44,2009; Ord. 2021 §6,2003; Ord. 1986 §11, 2001; Ord. 1974 §7,2001; Ord. 1971 §14,2001; Ord. 1814 §2, 1997, Ord. 1774 § 1, 1996, Ord. 1758 § 1(part), 1995) 18.32.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Light Industrial District, as follows: 1. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §45,2009, Ord. 1976 §54,2001; Ord. 1758 §1 (part), 1995) 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. Animal 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 and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturing, processing or assembling: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. 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. 11. Park - and -ride lots. 12. Radio, television, microwave or observation stations and towers. 13. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 35 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 15. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2368 §33, 2012, Ord. 2287 §24,2010; Ord. 2251 §46, 2009; Ord. 2135 § 14, 2006; Ord. 1865 §38, 1999; Ord. 1758 §1(part), 1995) 18.32.050 Unclassified Uses The following uses may be allowed within the Light Industrial 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. Animal rendering. 3. Cement manufacturing. 4. Correctional institutions. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 9. Mass transit facilities. (Ord. 1991 §6, 2002; Ord. 1865 §39, 1999; Ord. 1758 §1 (part), 1995) HEAVY INDUSTRIAL (HI) DISTRICT 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 36 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. 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and /or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. 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; c. 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. 37 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 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 (commercial - indoor), athletic or health clubs. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant. 47. 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. 48. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 49. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 50. 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. 51. Salvage and wrecking operations. 52. Schools and studios for education or self- improvement. 53. Self- storage facilities. 54. 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. 55. 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. 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 local 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. (Ord. 2407§8,2013; Ord. 2368 §35,2012; Ord. 2287 §25,2010; Ord. 2251 §47, 2009; Ord. 2021 §7,2003; Ord. 1986 §12,2001; Ord. 1974 §8, 2001; Ord 1971 §15, 2001; Ord. 1814 §2, 1997; Ord. 1774 §2, 1996, Ord. 1758 §1(part), 1995) 18.34.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Heavy Industrial District, as follows: 1. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §48, 2009; Ord. 1971 §55, 2001; Ord. 1758 §1 (part), 1995) 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. Animal 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. 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. (Ord. 2287 §26,2010, Ord. 2251 §49,2009; Ord. 2135 § 15, 2006, Ord. 1865 §40, 1999; Ord. 1758 §1 (part), 1995) 18.34.050 Unclassified Uses The following uses may be allowed within the Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Correctional institutions. 4. Electrical substation - transmission /switching. W 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. 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. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations (refuse and garbage) when operated by a public agency. 12. Mass transit facilities. (Ord. 1991 §7, 2002;Ord. 1865 §41, 1999; Ord. 1758 §1 (part), 1995) MANUFACTURING /INDUSTRIAL CENTER - LIGHT (MIC /L) DISTRICT 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: a. self - serve; .e b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, but limited only to manufacturing, processing, assembling, packaging and /or repairing 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. 16. 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. 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 20. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 21. Restaurants, including: a. drive - through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 22. 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. 23. Salvage and wrecking operations that are entirely enclosed within a building. 24. Self- storage facilities. 25. 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. 26. 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. 27. Taverns. 28. Telephone exchanges. 29. Tow truck operations, subject to all additional State and local regulations. 30. Truck terminals. 31. Warehouse storage and /or wholesale distribution facilities. 32. 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. (Ord. 2368 §37, 2012; Ord. 2335 §2, 2011; Ord. 2287 §27,2010; Ord. 2251 §50, 2009, Ord. 2235 §6 (part), 2009; Ord. 2021 §8,2003, Ord. 1986 §13,2001; Ord. 1974 §9, 2001; Ord. 1954 §2, 2001; 41 Ord. 1814 §2, 1997; Ord. 1774 §3, 1996, Ord. 1758 §1(part), 1995) 18.36.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial District, as follows: 1. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2335 §3, 2011; Ord. 2251 §512009; Ord. 1976 §56, 2001; Ord. 1758 §1 (part), 1995) 18.36.040 Conditional Uses The following uses may be allowed within the Manufacturing Industrial Center /Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 2. Electrical substations - distribution. 3. Fire and police stations. 4. Hotels. 5. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering; b. Manufacturing, processing, assembly of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) 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. 6. Motels. 7. 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. 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. 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. 12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. (Ord. 2335 §4, 2011; Ord. 2135 §16, 2006; Ord. 1954 §3, 2001; Ord. 1865 §42, 1999; Ord. 1758 §1 (part), 1995) 18.36.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center /Light Industrial 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. Cement manufacturing. 42 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric 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. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 8. Transfer stations (refuse and garbage) when operated by a public agency. 9. Mass transit facilities. (Ord. 2335 §4 2011; Ord. 1991 §8, 2002; Ord. 1865 §43, 1999; Ord. 1758 §1(part), 1995) MANUFACTURING /INDUSTRIAL CENTER - HEAVY (MIC /H) DISTRICT 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Heavy District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.38.020.1.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. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data/telecommunication centers. 12. Laundries: 43 a. self - sere; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand - forging; b. 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); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. 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; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) 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; and (3) 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. 16. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Recreation facilities (commercial - indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive - through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. 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. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self- storage facilities. 28. 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. 29. 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. 30. Taverns. 31. Telephone exchanges. .. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and /or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), 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. (Ord. 2368 §39, 2012; Ord. 2335 §6, 2011; Ord. 2287 §28, 2010; Ord. 2251 §52,2009, Ord. 2235 §7,2009, Ord. 2021 §9,2003, Ord. 1986 §14, 2001; Ord. 1974 §10, 2001; Ord. 1971 §16,2001; Ord. 1814 §2, 1997, Ord. 1774 §4, 1996; Ord. 1758 §1 (part), 1995) 18.38.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial District, as follows: 1. Parking areas. 2. Recreational area and facilities for employees. 3. Residences for security or maintenance personnel. 4. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2335 §7, 2011; Ord. 2251 §53, 2009; Ord. 1976 §57, 2001; Ord. 1758 §1 (part), 1995) 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 with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 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. Hotels 6. Motels 7. 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. 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. 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, 45 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. (Ord. 2335 §8,2011; Ord. 2287 §29,2010; Ord. 2135 §17,2006; Ord. 2028 §2, 2003; Ord. 1865 §44, 1999, Ord. 1758 §1(part), 1995) 18.38.050 Unclassified Uses The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial 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. Cement manufacturing. 3. Correctional institution. 4. Electrical substation - transmission/ switching. 5. Essential public facilities, except those uses listed separately in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. 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. 9. Mass transit facilities. 10. Railroad freight or classification yards. 11. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 12. 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. 13. Transfer stations (refuse and garbage) when operated by a public agency. (Ord. 1991 §9, 2002, Ord. 1976 §58, 2001; Ord. 1865 §45, 1999; Ord. 1758 §1 (part), 1995) W TUKWILA VALLEY SOUTH (TVS) DISTRICT 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public 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 12 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 47 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 c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 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 not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Research and development facilities. 51. Restaurants, including: a. drive - through; EN 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. 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. (Ord. 2407 §9, 2013; Ord. 2368 §41, 2012; Ord. 2287 §30, 2010; Ord. 2251 §54, 2009; Ord. 2235 §8, 2009; Ord. 2097 §17,2005, Ord. 2021 §10, 2003; Ord. 1986 §15, 2001; Ord. 1974 §11, 2001; Ord. 1971 §17,2001; Ord. 1830 §25,1998, Ord. 1814 §2,1997; Ord. 1774 §5, 1996; Ord. 1758 §1(part), 1995) 18.40.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Valley South District, as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. 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. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: .• a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 § 42, 2012, Ord. 2251 §55, 2009; Ord. 1976 §59, 2001; Ord. 1758 §1(part), 1995) 18.40.040 Conditional Uses The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Drive -in theaters. 7. Dwelling - Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non - industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Electrical substations -- distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assembly, packaging and repair of: a. 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; b. Chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); c. 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; d. 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. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 15. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 16. Religious facility with an assembly area greater than 750 square feet and community center buildings. 17. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 18. Salvage and wrecking operations. 19. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 20. 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. (Ord. 2368 §43, 2012; Ord. 2251 §56, 2009; Ord. 2135 § 18, 2006; Ord. 1865 §46, 1999; Ord. 1830 §26, 1998; Ord. 1758 §1 (part), 1995) 50 18.40.050 Unclassified Uses The following uses may be allowed within the Tukwila Valley South 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. Cement manufacturing. 3. Electrical substation - transmission /switching. 4. Essential public facilities, except those uses listed separately in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7. 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. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. (Ord. 2235 §9, 2009; Ord. 1991 §10, 2002, Ord. 1976 §61, 2001; Ord. 1865 §47, 1999; Ord. 1758 §1 (part), 1995) TUKWILA SOUTH OVERLAY (TSO) DISTRICT 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, 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 51 c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. 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 and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. 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); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. 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; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. 52 38. Marijuana retailer where the underlying zoning is HI or TVS. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. 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, minivans, 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 53 c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2479 §7,2015, Ord. 2368 §45,2012, Ord. 2287 §31,2010, Ord. 2251 §57, 2009; Ord. 2235 §10 (part), 2009) 18.41.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila South Overlay district as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. 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. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2368 § 46, 2012, Ord. 2251 §58, 2009; Ord. 2235 §10 (part), 2009) 18.41.040 Conditional Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title and subject to a determination that the use is consistent with and furthers the vision and principles established by the Tukwila South Master Plan. 1. Cemeteries and crematories. 2. Helipads, accessory. 3. Utilities, regional. 4. Mortician and funeral homes. 5. Park - and -ride lots. 6. Radios, television, microwave, cellular or observation stations and towers. 7. Religious facility with an assembly area greater than 750 square feet and community center buildings. 8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 9. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 11. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other conditional uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 2251 §59, 2009; Ord. 2235 §10 (part), 2009) 54 18.41.050 Unclassified Uses The following uses may be allowed within the Tukwila South Overlay 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. Electrical substation - transmission/ switching. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Mass transit facilities. 5. 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. (Ord. 2235 § 10 (part), 2009) 18.41.060 Special permission Uses The following uses may be allowed within the Tukwila South Overlay district as a Type 3 Special Permission Decision. 1. 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. 2. 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 maybe permitted per warehouse inexistence 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. (Ord. 2235 §10 (part), 2009) PUBLIC RECREATION OVERLAY DISTRICT 18.42.020 Permitted Uses The following uses are permitted outright within the PRO District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 2. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 3. Schools, preschools, elementary, junior, and senior high schools (public). (Ord. 1758 §1(part), 1995) 55 56 ATTACHMENT C JJO 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; 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 4-15-16 MD:bjs Page 1 of 26 57 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 March 23, 2016, 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 March 24, 2016, 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 April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non - Significance on the proposed amendments; and WHEREAS, on adequate public notice, held a public hearing recommendations of the Planning Commission; _, the Tukwila City Council, following to receive testimony concerning the 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 4 -15 -16 MD:bjs Page 2 of 26 i Section 2. Ordinance No. 1795 §1 (part), as codified in TMC Chapter 18.06, "Definitions," at TMC Section 18.06.708, "Senior Citizen Housing," is hereby amended to read as follows: 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and /or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and /or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such unitspopulation of disabled individuals may not exceed 20% of the total unitsreside^tS. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. Section 3. 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 4. 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 Ordinances Repealed 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 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 415 -16 MD:bjs Page 3 of 26 59 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." Section 5. 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 Ordinances Repealed 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." W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 4 of 26 .1 Section 6. 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 Ordinances Repealed 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 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 7. 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 Ordinances Repealed 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 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 5 of 26 61 18.16.030, Accessory Uses ...............2368 §10 2251 §20 1976 §29 1758 §1 (part) as codified at TIVIC 18.16.030 18.16.040, Conditional Uses ............2287 §8 2251 §21 2135 §6 1865 §16 1830 §6 1758 §1 (part) as codified at TIVIC 18.16.040 18.16.050, Unclassified Uses ........... 2097 §10 1865 §17 1816 §1 1758 §1 (part) as codified at TIVIC 18.16.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.16.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following sections in TIVIC Chapter 18.18 are being consolidated and the applicable ordinances referenced are hereby repealed: TIMIC sections Ordinances Repealed 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 TIVIC 18.18.020 18.18.030, Accessory Uses ...............2368 §12 2251 §24 1976 §32 1758 §1 (part) as codified at TIVIC 18.18.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 6 of 26 62 18.18.040, Conditional Uses ............2287 §10 2251 §25 2135 §7 1976 §33 1865 §19 1830 §9 1758 §1 (part) as codified at TIVIC 18.18-040 18.18.050, Unclassified Uses ........... 1976 §34 1865 §20 1816 §1 1758 §1 (part) as codified at TIVIC 18.18.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.18.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 9. TIMIC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. The following sections in TIVIC Chapter 18.20 are being consolidated and the applicable ordinances referenced are hereby repealed: TIVIC sections Ordinances Repealed 18.20.020, Permitted Uses ................2287 §11 2251 §26 2097 §12 1976 §36 1758 §1 (part) as codified at TIVIC 18.20-020 18.20.030, Accessory Uses ...............2368 §14 2251 §27 1976 §37 1758 §1 (part) as codified at TIVIC 18.20.030 18.20.040, Conditional Uses ............2251 §28 2135 §8 1976 §38 1814 §3 1758 §1 (part) as codified at TIVIC 18.20.040 18.20.050, Unclassified Uses ........... 1865 §21 1758 §1 (part) as codified at TIVIC 18.20.050 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 7 of 26 63 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.20.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 10. TIVIC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. The following sections in TIVIC Chapter 18.22 are being consolidated and the applicable ordinances referenced are hereby repealed: TIVIC sections Ordinances Repealed 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 TIVIC 18.22.020 18.22.030, Accessory Uses ...............2368 §16 2251 §30 1976 §41 1758 §1 (part) as codified at TIVIC 18.22.030 18.22.040, Conditional Uses ............2251 §31 2135 §9 1865 §23 1830 §12 1758 §1 (part) as codified at TIVIC 18.22.040 18.22.050, Unclassified Uses ........... 1865 §24 1816 §1 1758 §1 (part) as codified at TIVIC 18.22.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.22.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 8 of 26 M. Section 11. TIVIC Chapter 18.24, "Regional Commercial (RC) District," Amended. The following sections in TIVIC Chapter 18.24 are being consolidated and the applicable ordinances referenced are hereby repealed: TIVIC sections Ordinances Repealed 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 TIVIC 18.24.030 18.24.040, Conditional Uses ............2368 §20 2287 §14 2251 §34 2135 §10 1974 §3 1865 §28 1830 §15 1758 §1 (part) as codified at TIVIC 18.24.040 18.24.050, Unclassified Uses ........... 1976 §44 1865 §29 1758 §1 (part) as codified at TIVIC 18.24.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.24.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 9 of 26 65 Section 12. TIVIC Chapter 18.26, "Regional Commercial Mixed-Use (RCM) District," Amended. The following sections in TIVIC Chapter 18.26 are being consolidated and the applicable ordinances referenced are hereby repealed: TIVIC sections Ordinances Repealed 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 TIVIC 18.26.020 18.26.030, Accessory Uses ...............2251 §36 1989 §6 1976 §49 1758 §1 (part) as codified at TIVIC 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 TIVIC 18.26.040 18.26.050, Unclassified Uses ........... 2097 §14 1991 §3 1976 §48 1865 §33 1758 §1 (part) as codified at TIVIC 18.26.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.26.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 13. TIVIC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2443, as codified as Table 18-2 within TIVIC 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. W: Word Processing\0rdinancesUitle 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 10 of 26 W. Section 14. 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. - =" 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." 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. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 11 of 26 67 Section 15. TMC Chapter 18.30, "Commercial/Light Industrial (CILI) District," Amended. The following sections in TMC Chapter 18.30 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 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 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." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 12 of 26 M.-I Section 16. 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 Ordinances Repealed 18.32.020, Permitted Uses ................2368 §32 2287 §23 2251 §44 2021 §6 1986 §11 1 974 §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." Section 17. 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 Ordinances Repealed 18.34.020, Permitted Uses ................2407 §8 2368 §35 2287 §25 2251 §47 2021 §7 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 13 of 26 M 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 18. 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 Ordinances Repealed 18.36.020, Permitted Uses ................2368 §37 2335 §2 2287 §27 2251 §50 2235 §6 2021 §8 1986 §13 1974 §9 1954 §2 1814 §2 1774 §3 1758 §1 (part) as codified at TMC 18.36.020 W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 14 of 26 70 18.36.030, Accessory Uses ...............2335 §3 2251 §51 1976 §56 1758 §1 (part) as codified at TIVIC 18.36.030 18.36.040, Conditional Uses ............2335 §4 2135 §16 1954 §3 1865 §42 1758 §1 (part) as codified at TIVIC 18.36.040 18.36.050, Unclassified Uses ........... 2335 §4 1991 §8 1865 §43 1758 §1 (part) as codified at TIVIC 18.36.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.36.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 19. TIVIC Chapter 18.38, "Manufacturing /Industrial Center — Heavy (MIC/H) District," Amended. The following sections in TIVIC Chapter 18.38 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 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 TIVIC 18.38.020 18.38.030, Accessory Uses ...............2335 §7 2251 §53 1976 §57 1758 §1 (part) as codified at TIVIC 18.38.030 W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 15 of 26 71 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 20. TMC Chapter 18.40, "Tukwila Valley South (NS) District" Amended. The following sections in TMC Chapter 18.40 are being consolidated and the applicable ordinances referenced are hereby repealed: TMC sections Ordinances Repealed 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 4-15-16 MD:bjs Page 16 of 26 72 18.40.040, Conditional Uses ............2368 §43 2251 §56 2135 §18 1865 §46 1830 §26 1758 §1 (part) as codified at TIVIC 18.40-040 18.40.050, Unclassified Uses ........... 2235 §9 1991 §10 1976 §61 1865 §47 1758 §1 (part) as codified at TIVIC 18.40.050 The four TIVIC sections referenced above are replaced with one section to read as follows: 18.40.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." Section 21. TIVIC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. The following sections in TIVIC Chapter 18.41 are being consolidated and the applicable ordinances referenced are hereby repealed: TIVIC sections Ordinances Repealed 18.41.020, Permitted Uses .................... 2479 §7 2368 §45 2287 §31 2251 §57 2235 §10 (part) as codified at TIVIC 18.41-020 18.41.030, Accessory Uses ................... 2368 §46 2251 §58 2235 §10 (part) as codified at TIVIC 18.41.030 18.41.040, Conditional Uses ............... 2251 §59 2235 §10 (part) as codified at TIVIC 18.41.040 18.41.050, Unclassified Uses .............. 2235 §10 (part) as codified at TIVIC 18.41.050 18.41.060, Special Permission Uses... 2235 §10 (part) as codified at TIVIC 18.41.060 The five TIVIC sections referenced above are replaced with one section to read as follows: 18.41.020 Land Uses Allowed Refer to TIVIC Chapter 18.09, "Land Uses Allowed by District." W: Word Processing\Ordinances\Title 18-Zoning issues strike-thru 4-15-16 MD:bjs Page 17 of 26 73 Section 22. 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 23. 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 re airs a uiidin e rrit, ec 290; 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_; -a 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 4 -15 -16 MD:bjs Page 18 of 26 IL'7 Section 24. 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 WhiGh that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner 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_,i-n,��� A r- tl;+� �+ i i r � 1 1. at 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 4-15-16 MD:bjs Page 19 of 26 75 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 mss—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 4-15-16 MD:bjs Page 20 of 26 76 Section 25. Ordinance No. 1758 §1 (part), as codified in TIVIC Chapter 18.64, "Conditional Use Permits," at TIVIC 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 Hearinq Exam i ner.P.-a A R ing Ge. I ­Z1 --," under such conditions as the Hearing Examiner may impose. Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TIVIC Chapter 18.64, "Conditional Use Permits," at TIVIC 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 TIVIC Section 18.108.040. Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TIVIC Chapter 18.64, "Conditional Use Permits," at TIVIC 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 r,;+ r,^1 issued. The Hearing Examine —11Y -- may authorize longer periods for a conditional use permit if appropriate for the project. The Hearin a Examine - -- appea 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 strike4hru 4-15-16 MD:bjs Page 21 of 26 77 Section 28. Ordinance No. 1758 §1 (part), as codified in TIVIC Chapter 18.64, "Conditional Use Permits," at TIVIC Section 18.64.070, is hereby amended to read as follows: 18.64.070 Revocation of Permit A. The Hearing Examiner iRg Ge—mi-sio- 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.-L er 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 P4aRnin,g-Gommiszian-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 29. Ordinance Nos. 1770 §40 and 1758 §1 (part), as codified in TIVIC Chapter 18.64, "Conditional Use Permits," at TIVIC 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 ExaminerPlanging-G�� 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 4-15-16 MD:bjs Page 22 of 26 Section 30. Ordinance No. 1758 §1 "Conditional Use Permits," at TIVIC Section follows: 18.64.090 Resubmittal of Application (part), as codified in TIVIC Chapter 18.64, 18.64.090, is hereby amended to read as 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 xaminer'sRagnigq disapproval.- Section 31. Ordinance No. 1819 §1 (part), as codified in TIVIC Chapter 18.70, "Nonconforming Lots, Structures and Uses," at TIVIC 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 TIVIC 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 TIVIC Section 18.70.050(1), TIVIC 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 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 4-15-16 MD:bjs Page 23 of 26 79 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 32. 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 4 -15 -16 MD:bjs Page 24 of 26 :1 Section 33. 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, and.. whefl -the 4- dec4sao-n-,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. Section 34. 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 bod * c +l 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 bod finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the hearing bodyG4y- Counci -I 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. W: Word Processing \Ordinances \Title 18- Zoning issues strike -thru 4 -15 -16 MD:bjs Page 25 of 26 i 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 Attachments: Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 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 4 -15 -16 MD:bjs i Page 26 of 26 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. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 Adult day care Adult entertainment (subject to location restrictions') Airports, landing fields and heliports (except emergency sites) co W Amusement Parks Animal rendering Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats /dogs =no permit) Animal Veterinary, including associated temporary indoor boarding; access to an arterial required Automobile, recreational vehicles or travel trailer or used car sales lots 2 Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and alternate fueling station (not wholesale distribution facilities). Beauty or barber shops Bed and breakfast lodging for not more than twelve guests5 Bed and breakfast lodging (no size limit specified) Bicycle repair shops Billiard or pool rooms Boarding Homes Brew Pubs Bus stations P P P P P P PP P P P P P P P PP P A &S A &S A &S P P P P P U U U U U U Cabinet shops or carpenter shops employing less than five people Cargo containers ( *see also 18.50.060) Cement manufacturing Cemeteries and crematories A &S A &S A &S C C C C C Page 1 CO Colleges and universities Commercial laundries Commercial Parking C C C C C C CC P7 P7 P P P PP C6 C6 C P P P P7 P7 P7 P8 P8 P8 Computer software development and similar uses P P P P P P P P P P9 C10 Contractor storage yards Continuing care retirement facility. P P P C C C C P P P P P P C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients Convention facilities C C C C C P 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 south of Strander Blvd Dormitory U C C C A13 A13 A13 A13 A13 A13 A13 Drive -in theatres C C C A13 A13 C C A13 A13 C Dwelling— Detached Single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. Dwelling- Detached Zero -Lot Line Units P P P P P P P P p14 P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units. Dwelling- Townhouses up to 1 attached units Dwelling — Multi- family P P P Dwelling — Multi- family units above office and retail uses P p15 P P P Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards. P meeting density and all other MDR standards P 60 /ac P 60 /ac P P P 60/ 60/ ac 60 /ac ac Dwelling unit — Accessory 17 A A A A A A A P14 Cl6 22/ P14 ac C16 100/ P14 ac A A Page 2 Electrical Substation — Distribution Electrical Substation — Transmission /Switching Electric Vehicle Charging Station — Level 1 and Level 2 Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) Essential public facilities, except those uses listed separately in any of the other zones Extended -stay hotel /motel Farming and farm - related activities Financial, banking, mortgage, other services Fire & Police Stations Fix -it, radio or television repair shops /rental shops Fraternal organizations Frozen food lockers for individual or family use Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence A A and is subject to the regulations affecting the main building. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A A A A Greenhouses or nurseries (commercial) A A A P P A A P P U U P P P U U P P A A A P P P P P P P P9/ C3 C C P P P P P PP 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) Heavy equipment repair and salvage Helipads, accessory Home Occupation *see definition and accessory use Hospitals Hospitals, sanitariums, or similar institutes Hotels Hydroelectric and private utility power generating plants Industries involved with etching, film processing, lithography, printing and publishing nternet Data/Telecommunication Centers Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental U U U U U U U U U U U U U U actions P P P P PP P P P P P P P C C P P A A A A A C A C C A C P P P P P C C P U U U U U U U U P P P PP P P P C P P Laundries; self serve, dry cleaning, tailor, dyeing Libraries, museums, or art galleries (public) Manuf. /Mobile home park'$ Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or P P P P P P P C P P P C P P P P P P P P CO 01 Page 3 CO pollution: A) Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs P 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 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 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 ii)) No fermenting and distilling 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) 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) 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 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 Page 4 transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering 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 Marijuana producers, processors, or retailers (with state issued license) Mass transit facilities Medical and dental laboratories Minor expansion of an existing warehouse 21 Mortician and funeral homes Motels Movie theaters with three or fewer screens Movie theaters with more than 3 screens 22 Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial Office or sample room or warehousing Outpatient and emergency medical and dental services for wholesale or retail sales, with less than 50% storage Park & ride lots Parking areas Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation Pawnbroker Planned Shopping Center (mall) Plumbing shops (no tin work or outside storage) Radio, television, microwave, or observation stations and towers Railroad freight or classification yards Railroad tracks (including lead, spur, loading or storage) Recreation facilities (commercial — indoor) — athletic or health clubs Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields Recreation facilities (public), including, but not limited to sports fields, CO Page 5 CO community centers and golf courses Recreational area and facilities for employees Religious facilities with an assembly area less than 750 sq ft Religious facilities with an assembly area greater than 750 sq ft and community center buildings Religious facility and community center buildings. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures Rental of vehicles not requiring a commercial driver's license Rental of commercial trucks and fleet rentals requiring a commercial driver's license Research and development facilities Residences for security or maintenance personnel Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant mmoomm =WM TIME A A A A A A A A A A A A A P C C P P P P P P P P P P 111111111 000M MINI .1.1.1111MMEM .111 EME0000 001M A A A A A A A A A A AA Restaurants including cocktail lounges in conjunction with a restaurant Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber /bldg. materials, lawn &garden supplies, farm supplies 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. 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). Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52* Salvage and wrecking operations Salvage and wrecking operations which are entirely enclosed within a building Schools and studios for education or self- improvement Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools Secure community transition facility 29 C P P P P v P P P P P P P P P P P P P P P A �•UDUINUi�� NNE 11111111111111111 1111M 111 milm II ■.e11111111111• P UcIIC .■1 BEM P P P P 9C10 P (public only) Page 6 Self storage facilities Sewage lift station Shelter Stable (private) 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 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 Stormwater- neighborhood detention + treatment facilities Stormwater pump station Studios —Art, pho ography, music, voice and dance Taverns, nightclubs Telephone exchanges Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code Tow -truck operations, subject to all additional State and local regulations Transfer stations (refuse and garbage) when operated by a public agency Truck terminals Utilities, regional Vehicle storage(no customers onsite, does not include park- and -fly operations) Warehouse storage and /or wholesale distribution facilities Water pump station Water utility reservoir and related facilities Wireless Telecommunications Facilities ( *see TMC 18.58) P P P A30 P P P P P 11111 1111111111 --__ P P- __---NREMIZEI P311111;111 1111 ENE P 0M= 11111� P P P P P U U U U U U U P P P CO i0 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: Page 7 (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. 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 Page 8 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. 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; Page 9 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. 23. 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: 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. 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. 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. a. b. c. Page 10 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 1 l CO Exhibit B to Title 18 Ordinance TUC: Land Uses Allowed By District ** (Table 18 -2) 00 Animal Kennels and Shelters, including doggy daycare 310A Athletic or Health Clubs 90 Automotive Service and Repair 400 Banks, Financial, Insurance, and Real Estate Services 1030 Bar & Nightclubs Ref. abovet Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls Bulk Retail Business Services (e.g. copying, fax and mailing centers) Ref. abovet Drive Through Facilities or Services 360A Electric Vehicle Charging Station L1 &2 3606 Electric Vehicle Charging State L3 90 Gas Stations, including Car Wash General Retail Ref. abovet Laundries, Tailors, and Dry Cleaners Ref. abovet Personal Services (e.g. beauty & barber shops, nail salons, spa, travel agencies) Ref. abovet Recreation Facilities (commercial indoor) 810C Recreation Facilities (commercial outdoor) Ref. abovet Repair Shops (small scale goods: bicycle, appliance, shoe, computer) Ref. abovet Restaurants with associated cocktail lounges and sidewalk cafes Ref. abovet Theaters except adult entertainment 840 Vehicle Rental and Sales (not requiring a commercial DL) 70 Veterinary Clinic with temporary indoor boarding and grooming Professional, Outpatient Medical, Dental, Governmental Services, and Research Medical and Dental Laboratories 290 Convention & Exhibition Facilities, including multipurpose arena facilities P P3 P Page l Ref. abovet Ref. abovet Ref. abovet Ref. abovet 410 Cultural Facilities, including: libraries, museums, art galleries, performing arts centers Daycare Centers P P P P P P P P Education and Instructional Facilities, public and private including college and universities Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers Police and Fire Stations P P P P C C C P P 820B 820A 190 550 Post Office Religious Institutions, greater than 750 sf assembly area Religious Institutions, less than 750 sf assembly area C Cargo Containers subject to TMC 18.50.060 A Industrial Commercial Services (e.g. etching, film processing, lithography, printing & publishing) Ref. abovet 990A /B 960 1110 240 370 Ref. abovet 7100 720 780 Ref. abovet Ref. abovet 1140 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 beverages including fermenting and distilling; with or without a tasting P room, provided the tasting room occupies less than 50% of the total area of P 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. Outdoor storage of materials to be manufactured or handled as part of a permitted use within the Zone, screened pursuant TMC 18.52 A Self- Storage Facilities P Warehouse Storage and Wholesale Distribution Facilities P Commercial Parking , day use only Essential Public Facilities, except those listed separately Intermodal Transit Stations, Rail transit facilities P UUP UUP P P P P UUP UUP UUP UUP UUP UUP UUP UUP Internet Data Centers & Telephone Exchanges P Park and Ride Lots Parking Areas UUP UUP UUP UUP A Public Transit Facilities and Stations (Bus) Radio, Television, Microwave, or Observation Stations and Towers Utility Facilities, above ground/ not in ROW Utility Facilities, underground /in ROW Wireless Communication Facilities P C C P A A A A P P P P P P P P P7 P7 P7 P7 P7 Page 2 320 Ref. abovet 510 270 Dormitories Dwelling: Multi- family, Townhouses, Mixed Use, Senior Citizen Housing Home Occupation Continuing Care Retirement Community P A P A P P A P P4 p4 I- 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 W., ATTACHMENT D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code adopts procedures for preliminary plats and the City desires these procedures to be consistent with the provisions of state law, as per Chapter 58.17 RCW; and WHEREAS, the expiration date for preliminary plats under Title 17 is five years and Chapter 58.17.140 RCW allows for up to seven years for certain plats; and WHEREAS, on March 23, 2016, 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 March 24, 2016, 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 April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non-Significance on the proposed amendments; 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: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 4-15-16 MD:bjs Page 1 of 2 we Section 1. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at Tukwila Municipal Code Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter appfGva4 is submitted to the Tukwila City Council for approval within sevenfive years from the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary Plat approval if the date oLpLeliMigary plat approval is on or after January 1, 2015; provided that final plat meeting all requirements of this chapter shall be submitted to the Tukwila City Council for approval within ten vears from the date of to requirements adopted under Chapter 90.58 RCW and the date of the preliminary plat approval is on or before December 31, 2007. B. The Planning Commissiop,-hearing body of the preliminary approval may approve one extension not to exceed one year. Section 2. 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 3. Severabillity. 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 4. 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 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Title 17-Housekeeping re prelim plat approval strike-thru 4-15-16 MD:bjs Page 2 of 2 100 ATTACHMENT E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT POLICY,$$ TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Department of Ecology has updated the State Environmental Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal Code; and WHEREAS, the list of plans referenced under Tukwila Municipal Code Section 21.04.270 have been updated and references old plans such as the 1995 Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No. 1315; and WHEREAS, future project-specific development proposals in the Tukwila Urban Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC development regulations, and the Supplemental Environmental Impact Statement do not require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA; and WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to clarify and correct the issues noted above; and WHEREAS, on March 23, 2016, 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 W: Word Processing\Ordinances\Title 21- Environmental & SEPA policies strike-thru 4-15-16 MD:bjs Page 1 of 5 101 WHEREAS, on March 24, 2016, 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 April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non - Significance on the proposed amendments; 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. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions — Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197 -11 -800 (1)(b)(i) and WAC 197- 11 -800 1)(b)(ii) up to nine dwelling units. 2. For agricultural structures in WAC 197 -11 -800 (1)(b)R iii up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197 -11 -800 (1)(b){i+i} iv , up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197 -11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197 -11 -800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is hereby amended to read as follows: 21.04.152 Planned actions identified Planned actions are specifically identified as developments which satisfy all of the following characteristics: 1. is a "permitted use" located within the MIC /L (TMC 18.36.020) and MIC /H (TMC 18.38.020) zones and /or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ( "conditional" and "unclassified" uses are not planned actions); and W: Word Processing \Ordinances \Title 21- Environmental & SEPA policies strike -thru 4 -15 -16 MD:bjs Page 2 of 5 102 2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated; and 3. is consistent with the Tukwila Comprehensive Plan per RCW 43. 1.440 43.2-1 -C.0 ; and 4. is not any of the following: a. an "essential public facility" as defined in RCW 36.70a.200, per RCW 43.21 C.031(2); b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW 36.70A (consistency required per RCW 43.21C.031(2)); c. a conditional or unclassified use, in the respective MIC /L or MIC /H zones; d. a development related to the Regional Transit Authority light rail or commuter rail system; e. any decisions about the 16th Avenue Bridge improvement or disposition which would normally require a SEPA threshold determination; or f. a development in which any portion includes shoreline modifications waterward of the ordinary high water mark. Section 3. Regulations Established. A new TMC Section 21.04.165 is hereby established to read as follows: 21.04.165 Environmental review for development in the Tukwila Urban Center — Policies A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and project- specific SEPA -based administrative or judicial appeals if all of the following criteria are met: 1. The proposed development is consistent with the Southcenter Subarea Plan and associated development regulations in TMC Chapter 18.28. 2. The proposed development meets all established conditions or mitigation. 3. Probable significant adverse impacts of the proposed development have been identified in the Supplemental Environmental Impact Statement (SEIS) prepared for the Southcenter Subarea Plan. 4. The traffic generated from the proposal does not cause the total number of Pm hour peak trips generated within the Southcenter Subarea as a whole to exceed the maximum number of new PM peak hour trips threshold as identified in the SEIS for the Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future land use scenario for the Southcenter Subarea. 5. The project application vests by April 4, 2023. W: Word Processing \Ordinances \Title 21- Environmental & SEPA policies strike -thru 4 -15 -16 MD:bjs Page 3 of 5 103 6. The proposed development is a. not a public facility or utility; b. not an "essential public facility" as defined in RCW 36.70A.200 and TMC Section 18.06.270; c. not a conditional or unclassified use, in the respective TUC zones; d. not a development for which any portion includes shoreline modifications waterward of the ordinary high water mark. B. A consistency checklist shall be provided by the Department of Community Development to track all the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the consistency checklist documenting that the proposed development complies with all of the criteria listed under TMC Section 21.04.165.A. Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as codified at TMC Section 21.04.270, are hereby amended to read as follows: 21.04.270 SEPA - Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. '° Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Unffe Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Sewer Plan - Resell tl904 7. Shoreline Master Plan - -Ofd- inance -8.98 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats - TMC Title 17 -0fdina -Ge-- Se-c-��:94 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan ResGkAior- 7- 15. Zoning Code - TMC Title 18 W: Word Processing \Ordinances \Title 21- Environmental & SEPA policies strike -thru 4 -15 -16 MD:bjs Page 4 of 5 ME Section 5. Corrections by City Clerk or Code Reviser. Upon approved 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 6. 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 7. 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 Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Title 21- Environmental & SEPA policies strike -thru 4 -15 -16 MD:bjs Page 5 of 5 105 106 ATTACHMENT F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8, 2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS; REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the U.S. Supreme Court's recent ruling in Reed v. Town of Gilbert held that content -based sign regulations, such as different regulations for varying types of non - commercial speech signs, are unconstitutional; and WHEREAS, the City Council desires to amend the Sign Code to comply with Reed v. Town of Gilbert; and WHEREAS, the City desires to clarify language in the current Sign Code regarding incentive signage; and WHEREAS, the City Council desires to provide the Director flexibility to provide sign permit extensions longer than 30 days; and WHEREAS, the City Council desires to provide additional signage flexibility for multi- tenant buildings that do not qualify for the Master Sign Program by allowing one additional building- mounted sign; and WHEREAS, the City Council wishes to increase the size of a fuel canopy sign from 5 square feet to 10 square feet; and WHEREAS, on March 23, 2016, 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 W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 1 of 11 107 WHEREAS, on March 24, 2016, 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 April 21, 2016, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non-Significance on the proposed amendments; 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. Ordinance Nos. 2469 §1, 2375 §5 and 2303 §3, as codified at Tukwila Municipal Code (TMC) Section 19.12.030, are hereby amended to read as follows: 19.12.030 Exceptions — Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (13)(7), 19.20.040 (6), or 19.32.075. 3. Temp 5 and deGGratienS GWStGFnaFy fGF holidays, SUGh lRdependenGe Day _a�d_ T�ank �Gted on pFivate prepeFty. Signs may only Gentain nOR GE)FnmeFGial speeGh-. 4,3. Temporary window signs, subject to the limitations of TMC Section 19.24.080. -54. Traffic signs and/or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 MD:bjs Page 2 of 11 0 sm., 6�5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 7-.--RGk#Ga4- 4-9-.24-.090- -96. Land use notice boards per TIVIC Section 18.104.110. 4-07. Text or graphics on umbrellas located in outdoor seating or plaza areas. 44-8. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush-mounted building signs may be up to three square feet in size. 4-29. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building-mounted plaque; and b. Each residential property shall be permitted one four banneF or rigid signs that is-are temporary in nature for of 12 square feet, with no sign larger tlj�Q s �uare �feetl,- aod. G. Te , I . idental signs may be displayed with RG restFiGtiens from sunset on a Friday (or the day preGeding a designated holiday) until sunset on the following Sunday (er the Monday following a Sunday il' th- .'.`l_..,day is a designated heliday). No individual sign may eXGeed q '7P " IL ­tended that this subseGtion shall apply to garage sale and Feal estate "open house" signs, hGwev Gentent of the sign in not FestFmGted-. 43,10. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 4411. Banners within the City's right-of-way, located on City-owned light poles, City-owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. Section 2. Ordinance No. 2303 §3, as codified at TIVIC Section 19.12.040, is hereby amended to read as follows: 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 MD:bjs Page 3 of 11 109 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights-of-way or City easement or City -owned _property _without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of TIVIC Section 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind-animated objects, balloons and similar devices except as provided under TIVIC Section 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TIVIC Section 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign maybe placed on any roperty without the property owner's permission. Private propertv owners shall be res ansible far the removal of si ns laced an their ra ert without n. Section 3. Ordinance No. 2303 §3, as codified at TIVIC Section 19.12.150, is hereby amended to read as follows: 19.12.150 Sign Permit Expiration for Permanent Signs Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant anon extension of-not naefe4han-W-days, if the request is submitted prior to permit expiration. Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TIVIC Section 19.20.050, subparagraph A, are hereby amended to read as follows: 19.20.050 Permanent Building-Mounted Signs in Commercial/industrial Zones A. Flush-Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush-mounted building sign per exterior public entrance. Additionally, each multi- tenant _gremise with one Or more bqildinas totaling 25,000 square feet or more but that does nat ualif for the Master Sian Program and haq_ go W: Word Processing\0rdinancesUitle 19-Housekeeping re Sign Code issues strike-thru 4-15-16 MD:bjs Page 4 of 11 110 is allowed one additional flush- mounted building sign of up to 50 square feet for the complex in addition to individual tenap_t_sicgns. In the MIC /H zone no more than one flush- mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush- mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0-500 EBF x .05 or 20 square feet 501-1,500 (EBF -500) x.04 + 25 square feet 1,501 - 3,000 (EBF- 1,500) x.03 + 65 square feet 3,001 - 5,000 (EBF- 3,000) x.02 + 110 square feet Over 5,000 (except for buildings within the MIC /H District 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC /H District. 5,001 - 20,000 (EBF- 5,000) x.015 + 150 square feet 20,001 - 50,000 (EBF- 20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF- 50,000) x.015 + 825 square feet 80,001 - 100,000 (EBF- 80,000) x.01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush - mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of. 5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush - mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed 4ve-10 square feet or one -third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. Section 5. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, subparagraph F.4., are hereby amended to read as follows: W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 5 of 11 111 19.20.050 Permanent Building- Mounted Signs in Commercial /Industrial Zones F. Pedestrian Oriented Building- Mounted Signs. 4. Incentive Signage. The allowable area of the sin allowed under this provision is 50 percent of that calculated in Table 2 "Allowable Message Area for Permanent Wall Si ns in Commercial and Industrial Zones." Businesses may be permitted additional flush - mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. °`T -able 2--- Adtowabte —Meg t�- dig -n- - -irt..... 4i&G iaa --Z- cues..,, Section 6. Ordinance No. 2303 §7, as codified at TMC Section 19.24.060, is hereby amended to read as follows: 19.24.060 Additional Tem ora S;peefal- -Event Signage Each business operating within the City shall be permitted one additional tem ora si nspesaa4 --eve A permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC Sections 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 6 of 11 112 Section 7. Ordinance No. 2303 §7, as codified in TMC Section 19.24.070, "Portable Signs," is hereby amended to read as follows: 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. a�tr�t -a�d�' gat -Pam B. The City may approve the use of portable signs if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and /or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. Section 8. Ordinance No. 2303 §9, as codified at TMC Section 19.32.060, "Allowable Modifications Under a Master Sign Program," subparagraph A, is hereby amended to read as follows: 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush- mounted building sign, allowed per Section 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush- mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 7 of 11 113 b. For premises 85 acres and over in size, the flush- mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush- mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a preniise the all Sign area for an ex osed buildin face ma be s lit between two flush - mounted buildin si ns located on the same exposed building face so lonci as there is a minimum vertical separation of 20 feet between the two flush - mounted buildin si ns. Section 9. Ordinance No. 2303 §11, as codified at TMC Section 19.38.040, "New Billboards," subparagraphs 4 and 5, is hereby amended to read as follows: 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 8 of 11 114 g. Lighting of billboards: 1) The billboard may be illuminated; non - digital billboards shall utilize lights wt -that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3 -foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3. Table 3 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 5. Billboard Placement, Street Tree Pruning. Upon application to place a billboard within a designed- designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: 4a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. 2b. All pruning is done by the applicant and all cost is borne entirely by the applicant. 3c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. 4d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 9 of 11 115 5e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. Section 10. Repealer. Ordinance No. 2303 §7, as codified at TMC Section 19.24.090, "Political Campaign Signs," is hereby repealed. • - - 'M -- HIM. IMIM-1 ON= - ... - .. .. 1 . - 1 r • u - - u . - . ♦ r r • • - - - w - - r 11.r T I - - - • - -0 p • .. . • • . rr "Woo" • - . - • ... . . • . • - - . Section 11. 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 12. 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. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 10 of 11 116 111T r Mom r • • • rr w - - r 11.r T I - Section 11. 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 12. 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. W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues strike -thru 4 -15 -16 MD:bjs Page 10 of 11 116 Section 13. 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: W: Word Processing\Ordinances\Title 19-Housekeeping re Sign Code issues strike-thru 4-15-16 MD:bjs Page 11 of 11 117 118 Date: Time: Location: Present: Absent: Staff: ATTACHMENT G City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES March 24, 2016 6:30 PM Council Chambers Chair, Sharon Mann; Vice Chair, Miguel Maestas; Commissioners, Louise Strander, Brooke Alford and Nhan Nguyen Commissioner Mike Hansen Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary Chair Mann called the public hearing to order. Motion: Commissioner Nguyen made a motion to a Maestas seconded the motion. All were in Request: Commissioner Strander requested: recording staff determined that the Chair Mann opened the public hearing and swore in those CASE NUMBER: L16 -0010 TITLE: 2016 Housekeeping Code Am TOPIC: Housekeeping, Code Amendr LOCATION: City Wide 25, 2016 minutes. Commissioner the minutes. After reviewing the public hearing - omments were already included in the minutes. testimony. nts to Title 17, 18, 19 and 21 (Subdivision, tvironmental Regulations) of the Tukwila amendments range from code clarification to ins and permit processes. Minnie Dhaliwal, Planning Supervisor, Department of Community Development, gave the presentation. Two comment letters and a list of additional amendments related to the Sign Code were entered into the record. A copy of each of these items were previously handed out to each member of the Commission. The comment letters were received during the review process; one from Washington State Department of Transportation (WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments were content based regulations that the city attorney recommended to address in the ordinance. The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code, SEPA, and Subdivision/Plats. Sign Code Proposed sign code and sign permit changes: • Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content based regulations such as political signs, which are considered unconstitutional. 119 Page 2 Public Hearing Minutes March 24, 2016 • Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was moved to a different location. • Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances. • Allowance of a non - content neutral center identification sign on each business owner's premise. • Increase the size of the fuel canopy signs to a 10 sq. ft. maximum. • Increase the number of signs allowed on residential property to two without a sign permit in lieu of political sign provisions. • Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone through design review. Delete real estate portable sign provisions as these are content based. Staff's response to comment letters: Washington State Department of Transportation ( WSDOT): WSDOT has their own sign regulations. WSDOT provided c free -way and the limited access. Staff informed WSDOT th obtain any permits needed from WSDOT. Also, the applica regulations. However, staff said because WSDOT's codes a regulations and revise their codes. Southcenter Square Property Owner: The property owner requested amendments to allow i qualifies for the Master Sign Program. In 2011 a Ma Carter's already had one sign and even under the Ma allowed. Language is being proposed that could be a facade to be divided into two signs as long as they ar one location on the premise. Staff said it would help signs that are currently allowed, which w change. The proposed language was prow Testimony hibit -3 nments on the signs that can be seen from the he City's code states the applicant is supposed to �s supposed to comply with WSDOT's also content related they need to review their own ty identification sign. Staff said their property i Program was approved for the property. However, i Program a second sign on the same facade is not the Master Sign criteria to allow the sign area for a t 20 ft. apart. This provision would apply to only ice making and is much nicer than some of the other the Master Sign Program. Staff is supportive of the Kevin McNulty, representative for the Parkway Village provided some history on the land, ownership and the major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name to Parkway Village, and did some signage improvements and removed all of the non - conforming signs. He said they went from an outdated look to a new village concept for retail look and they have already seen increased activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an additional sign on the top of their building. It would prominently display the new center name and they believe the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent. The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show a renewed commitment to the area. Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also who would review the project. Leshya Wig, Wig Properties, Owners of Southcenter Square, said they built their property in 2007. At the time 12 ()hey also constructed a 60 ft. tall tower and the intent was for the tower to contribute to the overall ambience of Page 3 Public Hearing Minutes March 24, 2016 the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they have not be able to because with the existing sign code it is not permitted. Under the Master Sign Program they are requesting the allowable sign area be split between two flush mounted building signs instead of having it all in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their property and they would be very thankful for the opportunity to make the investment for an additional sign. There was no additional public testimony. The Planning Commission deliberated on the Sign Code. Staff responded to several questions from the Commissioners. The Commissioners were in consensus with the following additional changes to the Sign Code: • 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties - Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning Commission recommended to allow up to four signs with each sign less than 6 sq. ft. with a maximum total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to real estate signs in the code. • 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical separation of 20 ft. • 19.12.040 Prohibited Signs, number 3, `Any sign, symbol, object or device located within the City or State right -of -way, City easement or City owned property without City or State approval.' Need to include not just the City right -of -way, but also City owned property. • 19.12.040 Prohibited Signs, add number 10 to read, `No ;sign can be put on any property without the property owner's permission.' Zoning Code There was no public testimony. Proposed changes. • Amend procedures section of the code to correctly reference the use of a hearing examiner process for quasi-judicial land use decisions. • The need for assisted living facilities definition, adopting the state law definition and listing them as a permitted use /conditional use where a convalescent center /nursing home is permitted /conditional use. • Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put them in the matrix format. • Incorporate code interpretations into the code. • Add hardship criteria to the Zoning Code Variance criteria. • Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45 feet. • Single family standards — clarify language to read `any structure on a residential piece of property that requires a building permit.' • Housing Option Program — Repeal the ordinance as was sunset in 2008. There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent center /nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes are not allowed in HDR or MDR. Staff clarified the scope of proposed changes was housekeeping so no major policy related changes were proposed. Commissioner Mann requested that staff review the definition of Senior 121 Page 4 Public Hearing Minutes March 24, 2016 Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the Housing Options Program at this time, but deferred until there is further discussion on the topic. Four Commissioners voted to leave Housing Options Program in the code until such time that there is further policy discussion on Housing Options Program. Proposed change by the Commission: • 18.06.708, Senior Citizen Housing, remove the following language from the last sentence in the definition: `however, the population of disabled individuals may not exceed 20% of the residents.' SEPA There was no public testimony. Proposed changes: • Update Tukwila Municipal Code (TMC) to be cons: • Update the list of plans referenced in the TMC with • Revise the SEPA ordinance to add exemption criter Center and add procedures for tracking such exempt Subdivision and Plan There was no public testimony Proposed changes: the updated State Law. versions development proposals in the Tukwila Urban 1nnmPnt • Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the State Law. The public hearing was closed. Motion: Commissioner Alford made a motion to approve Case Number L16- 0010, 2016 Housekeeping Code Amendments as revised, and to forward them to the City Council for their review. Commissioner Strander seconded the motion. All were in favor Director's Report: • Wood Springs Suites Hotel Design Review proposal coming to PC in April Adjourned: 8:20 PM Submitted by: Wynetta Bivens Planning Commission Secretary 122