HomeMy WebLinkAboutReg 2016-05-16 Item 5 - Ordinances - 2016 Housekeeping Code Amendments (Titles 17, 18, 19 and 21)COUNCIL AGENDA SYNOPSIS
1 ni /icll C
Meeting Date
Prepared b)'
21ayore review
Council review
05/09/16
MD
17, 18, 19
and 21 of the Tukwila
05/16/16
MD
,, 4(
ti
11 Ordinance
❑ Bid_ ward
1\Its Date
11 Public Hearin;
❑ Other
illtg Date
\11, Dan
Altg Date 5/16/16
Altg Date 05/09/16
SPONSOR Council 1 1 ,Mayor HR 11 DCD n Finance ❑ hire ❑ TS ❑ PeR Police ❑ PIP"
ITEM INFORMATION
ITEM No.
5
155
STAFF SPONSOR: JACK PACE
ORIGIN.AI, AGI ;ND;A DATE: 5/9/16
G! IND.\ Ill M TIT1.1? 2016 Housekeeping
Municipal Code.
Code Amendments
to Title
17, 18, 19
and 21 of the Tukwila
C.A"II1 ORl- Disciis.
ion
05/09/16
Motion
Altg Date
Resolution
Alto Date
11 Ordinance
❑ Bid_ ward
1\Its Date
11 Public Hearin;
❑ Other
illtg Date
\11, Dan
Altg Date 5/16/16
Altg Date 05/09/16
SPONSOR Council 1 1 ,Mayor HR 11 DCD n Finance ❑ hire ❑ TS ❑ PeR Police ❑ PIP"
SPoNsok'S Hold the public hearing on the proposed housekeeping code amendments to Title 17, 18,
SI `InI. \1n' 19 and 21 of the Tukwila Municipal Code. After the public hearing the Committee of the
Whole can forward the proposed amendments for adoption on May 16, 2016.
RI,A'II;A\l';D ID COW NItg.
Utilities Cmte
DATE: 04/25/16
Cr \ &P Cmte
U F &S Cmte Transportation Cmte
Parks Comm. U Planning Comm.
COMMITTEE CHAIR: QUINN
Arts Comm.
RECOMMENDATIONS:
SioNSOR /ADNnN.
CommI
Department of Community Development
°I'H; Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPF"NDI'I'URI: RI ;OlTIRI;D AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
05/09/16
Public Hearing on the proposed amendments
5/9/16
Forward to the next Regular Meeting
MTG. DATE
ATTACHMENTS
05/09/16
Informational Memorandum dated 5/4/16
Attachment A: List of definitions associated with an assisted living facility
Attachment B: List of uses that are proposed to be replaced with a matrix
Draft Ordinances: Title 18 with Exhibit A and B; Title 17, Title 21, Title 19
Minutes from the Planning Commission meeting of 03/24/16
Minutes from the Community Affairs and Parks Committee meeting of 04/25/16
5/16/16
Ordinances in final form
155
City of Tukwila
Washington
Ordinance No.
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 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, 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 5 -11 -16
MD.bjs
Page 1 of 2
157
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 is submitted to the
Tukwila City Council for approval within seven 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 of preliminary 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
years from the date of the preliminary plat approval if the project is not subject 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 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. 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 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 , 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 17- Housekeeping re prelim plat approval 5 -11 -16
MD:bjs
158
Page 2 of 2
City of Tukwila
Washington
Ordinance No.
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 5 -11 -16
MD:bjs
Page 1 of 26
159
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 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. A new section is hereby added to Tukwila
Municipal Code (TMC) Chapter 18.06, "Definitions," as follows:
Assisted Living Facility
"Assisted Living Facility" means a facility that is licensed by the Department of
Social and Health Services pursuant to Chapter 18.20 RCW as currently defined or as
may be thereafter amended. This definition does not include "diversion facility" or
"diversion interim services facility."
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
160
Page 2 of 26
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 units may not exceed 20% of the total units. 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 8]
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 5 -11 -16
MD:bjs
Page 3 of 26
161
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 5 -11 -16
MD:bjs
162
Page 4 of 26
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 5 -11 -16
MD:bjs
Page 5 of 26
163
18.16.030, Accessory Uses 2368 §10
2251 §20
1976 §29
1758 §1 (part) as codified at TMC 18.16.030
18.16.040, Conditional Uses 2287 §8
2251 §21
2135 §6
1865 §16
1830 §6
1758 §1 (part) as codified at TMC 18.16.040
18.16.050, Unclassified Uses 2097 §10
1865 §17
1816 §1
1758 §1 (part) as codified at TMC 18.16.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.16.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 8. TMC Chapter 18.18, "Office (0) District," Amended. The following
sections in TMC Chapter 18.18 are being consolidated and the applicable ordinances
referenced are hereby repealed:
TMC sections 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 TMC 18.18.020
18.18.030, Accessory Uses 2368 §12
2251 §24
1976 §32
1758 §1 (part) as codified at TMC 18.18.030
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
164
Page 6 of 26
18.18.040, Conditional Uses 2287 §10
2251 §25
2135 §7
1976 §33
1865 §19
1830 §9
1758 §1 (part) as codified at TMC 18.18.040
18.18.050, Unclassified Uses 1976 §34
1865 §20
1816 §1
1758 §1 (part) as codified at TMC 18.18.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.18.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 9. TMC Chapter 18.20, "Residential Commercial Center (RCC) District,"
Amended. The following sections in TMC Chapter 18.20 are being consolidated and the
applicable ordinances referenced are hereby repealed:
TMC sections Ordinances Repealed
18.20.020, Permitted Uses 2287 §11
2251 §26
2097 §12
1976 §36
1758 §1 (part) as codified at TMC 18.20.020
18.20.030, Accessory Uses 2368 §14
2251 §27
1976 §37
1758 §1 (part) as codified at TMC 18.20.030
18.20.040, Conditional Uses 2251 §28
2135 §8
1976 §38
1814 §3
1758 §1 (part) as codified at TMC 18.20.040
18.20.050, Unclassified Uses 1865 §21
1758 §1 (part) as codified at TMC 18.20.050
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
Page 7 of 26
165
The four TMC sections referenced above are replaced with one section to read as follows:
18.20.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 10. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC)
District," Amended. The following sections in TMC Chapter 18.22 are being
consolidated and the applicable ordinances referenced are hereby repealed:
TMC sections 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 TMC 18.22.020
18.22.030, Accessory Uses 2368 §16
2251 §30
1976 §41
1758 §1 (part) as codified at TMC 18.22.030
18.22.040, Conditional Uses 2251 §31
2135 §9
1865 §23
1830 §12
1758 §1 (part) as codified at TMC 18.22.040
18.22.050, Unclassified Uses 1865 §24
1816 §1
1758 §1 (part) as codified at TMC 18.22.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.22.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
166
Page 8 of 26
Section 11. TMC Chapter 18.24, "Regional Commercial (RC) District,"
Amended. The following sections in TMC Chapter 18.24 are being consolidated and the
applicable ordinances referenced are hereby repealed:
TMC sections 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 TMC 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 TMC 18.24.040
18.24.050, Unclassified Uses 1976 §44
1865 §29
1758 §1 (part) as codified at TMC 18.24.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.24.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
Page 9 of 26
167
Section 12. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM)
District," Amended. The following sections in TMC Chapter 18.26 are being
consolidated and the applicable ordinances referenced are hereby repealed:
TMC sections 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 TMC 18.26.020
18.26.030, Accessory Uses 2251 §36
1989 §6
1976 §49
1758 §1 (part) as codified at TMC 18.26.030
18.26.040, Conditional Uses 2368 §23
2287 §16
2251 §37
2135 §11
1974 §4
1865 §32
1830 §18
1758 §1 (part) as codified at TMC 18.26.040
18.26.050, Unclassified Uses 2097 §14
1991 §3
1976 §48
1865 §33
1758 §1 (part) as codified at TMC 18.26.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.26.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 13. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District,"
Amended. Ordinance No. 2443, as codified as Table 18 -2 within TMC Chapter 18.28,
is hereby amended to update Table 18 -2, "Tukwila Urban Center — Land Uses Allowed
by District," to read as per Exhibit B attached herein.
W: Word Processing \Ordinances\Title 18- Zoning issues 5 -11 -16
MD:bjs
168
Page 10 of 26
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 5 -11 -16
MD:bjs
Page 11 of 26
169
Section 15. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District,"
Amended. The following sections in TMC Chapter 18.30 are being consolidated and the
applicable ordinances referenced are hereby repealed:
TMC sections 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 5 -11 -16
MD:bjs
170
Page 12 of 26
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
1974 §7
1971 §14
1814 §2
1774 §1
1758 §1 (part) as codified at TMC 18.32.020
18.32.030, Accessory Uses 2251 §45
1976 §54
1758 §1 (part) as codified at TMC 18.32.030
18.32.040, Conditional Uses 2368 §33
2287 §24
2251 §46
2135 §14
1865 §38
1758 §1 (part) as codified at TMC 18.32.040
18.32.050, Unclassified Uses 1991 §6
1865 §39
1758 §1 (part) as codified at TMC 18.32.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.32.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
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 5 -11 -16
MD:bjs
Page 13 of 26
171
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 5 -11 -16
MD:bjs
172
Page 14 of 26
18.36.030, Accessory Uses 2335 §3
2251 §51
1976 §56
1758 §1 (part) as codified at TMC 18.36.030
18.36.040, Conditional Uses 2335 §4
2135 §16
1954 §3
1865 §42
1758 §1 (part) as codified at TMC 18.36.040
18.36.050, Unclassified Uses 2335 §4
1991 §8
1865 §43
1758 §1 (part) as codified at TMC 18.36.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.36.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 19. TMC Chapter 18.38, "Manufacturing /Industrial Center — Heavy
(MIC /H) District," Amended. The following sections in TMC Chapter 18.38 are being
consolidated and the applicable ordinances referenced are hereby repealed:
TMC sections 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 TMC 18.38.020
18.38.030, Accessory Uses 2335 §7
2251 §53
1976 §57
1758 §1 (part) as codified at TMC 18.38.030
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
Page 15 of 26
173
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 (TVS) 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 5 -11 -16
MD:bjs
174
Page 16 of 26
18.40.040, Conditional Uses 2368 §43
2251 §56
2135 §18
1865 §46
1830 §26
1758 §1 (part) as codified at TMC 18.40.040
18.40.050, Unclassified Uses 2235 §9
1991 §10
1976 §61
1865 §47
1758 §1 (part) as codified at TMC 18.40.050
The four TMC sections referenced above are replaced with one section to read as follows:
18.40.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
Section 21. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District,"
Amended. The following sections in TMC Chapter 18.41 are being consolidated and the
applicable ordinances referenced are hereby repealed:
TMC sections Ordinances Repealed
18.41.020, Permitted Uses 2479 §7
2368 §45
2287 §31
2251 §57
2235 §10 (part) as codified at TMC 18.41.020
18.41.030, Accessory Uses 2368 §46
2251 §58
2235 §10 (part) as codified at TMC 18.41.030
18.41.040, Conditional Uses 2251 §59
2235 §10 (part) as codified at TMC 18.41.040
18.41.050, Unclassified Uses 2235 §10 (part) as codified at TMC 18.41.050
18.41.060, Special Permission Uses2235 §10 (part) as codified at TMC 18.41.060
The five TMC sections referenced above are replaced with one section to read as follows:
18.41.020 Land Uses Allowed
Refer to TMC Chapter 18.09, "Land Uses Allowed by District."
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
Page 17 of 26
175
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 require a building
permit, 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 Toad 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.
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 5 -11 -16
MD:bjs
Page 18 of 26
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 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.
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 5 -11 -16
MD:bjs
Page 19 of 26
177
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 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 5 -11 -16
MD:bjs
178
Page 20 of 26
Section 25. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64,
"Conditional Use Permits," at TMC Section 18.64.010, is hereby amended to read as
follows:
18.64.010 Purpose
It is the purpose of this chapter to establish review and permit approval procedures for
unusual or unique types of land uses which, due to their nature, require special
consideration of their impact on the neighborhood and land uses in the vicinity. The
uses in this chapter may be located in any district, unless specifically not permitted, by
special permission of the Hearing Examiner under such conditions as the Hearing
Examiner may impose.
Section 26. Ordinance Nos. 1770 §36 and 1758 §1 (part), as codified in TMC
Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.030, are hereby
amended to read as follows:
18.64.030 Application — Requirements and Fees
Application for conditional use permit shall be filed with the DCD on forms prescribed by
that office. All applications shall be accompanied by a filing fee as required in the
"Application Fees" chapter of this title. Applications for conditional use permits shall be
Type 3 decisions and shall be processed pursuant to TMC Section 18.108.040.
Section 27. Ordinance Nos. 1770 §39 and 1758 §1 (part), as codified in TMC
Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.060, are hereby
amended to read as follows:
18.64.060 Expiration and Renewal
A conditional use permit shall automatically expire one year after a Notice of Decision
approving the permit is issued unless a building permit conforming to plans for which
the CUP was granted is obtained within that period of time. A conditional use permit
shall automatically expire unless substantial construction of the proposed development
is completed within two years from the date a Notice of Decision approving the permit is
issued. The Hearing Examiner may authorize longer periods for a conditional use
permit if appropriate for the project. The Hearing Examiner 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 5 -11 -16
MD:bjs
Page 21 of 26
179
Section 28. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64,
"Conditional Use Permits," at TMC Section 18.64.070, is hereby amended to read as
follows:
18.64.070 Revocation of Permit
A. The Hearing Examiner 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.
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 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 TMC
Chapter 18.64, "Conditional Use Permits," at TMC Section 18.64.080, are hereby
amended to read as follows:
18.64.080 Performance Bond and Other Security
A performance bond or other adequate and appropriate security may be required for
any elements of the proposed project which the Hearing Examiner 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 5 -11 -16
MD:bjs
180
Page 22 of 26
Section 30. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.64,
"Conditional Use Permits," at TMC Section 18.64.090, is hereby amended to read as
follows:
18.64.090 Resubmittal of Application
An application for a conditional use permit that has been denied may not be resubmitted
within six months from the date of the Hearing Examiner's disapproval.
Section 31. Ordinance No. 1819 §1 (part), as codified in TMC Chapter 18.70,
"Nonconforming Lots, Structures and Uses," at TMC Section 18.70.040, is hereby
amended to read as follows:
18.70.040 Nonconforming Uses
Any preexisting lawful use of land made nonconforming under the terms of this title may
be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that
use remains lawful, subject to the following:
1. No such nonconforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the land, structure or combination of the two, than
was occupied at the effective date of adoption of this title.
2. No nonconforming use shall be moved or extended in whole or in part to
any other portion of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this title.
3. If any such nonconforming use ceases for any reason for a period of more
than six consecutive months, or a total of 365 days in a three -year time period,
whichever occurs first, any subsequent use shall conform to the regulations specified by
this title for the district in which such use is located.
4. No existing structure devoted to a use not permitted by this title in the zone
in which it is located shall be structurally altered, except in changing the use of the
structure to a use permitted in the zone in which it is located; except where minor
alterations are made, pursuant to TMC Section 18.70.050(1), TMC Section 18.70.060,
or any other pertinent section, herein.
5. If a change of use is proposed to a use determined to be nonconforming by
application of provisions in this title, the proposed new use must be a permitted use in
its zone or a use approved under a Conditional Use or Unclassified Use Permit process,
subject to review and approval by the Hearing Examiner and /or the City Council. For
purposes of implementing this section, a change of use constitutes a change from one
Permitted, Conditional or Unclassified Use category to another such use category as
listed within the Zoning Code.
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
Page 23 of 26
181
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 5 -11 -16
MD:bjs
182
Page 24 of 26
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, the hearing body
shall make and enter findings of fact and conclusions from the record 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 body 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.
2. The public use and interest will be served by the platting of such
subdivision and dedication.
3. If the hearing body finds that the proposed subdivision and dedication
make such appropriate provisions and that the public use and interest will be served,
then the hearing body 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 5 -11 -16
MD:bjs
Page 25 of 26
183
Section 35. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 36. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 37. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments:
Exhibit A — Table 18 -6, "Land Uses Allowed by District"
Exhibit B — Table 18 -2, "Tukwila Urban Center — Land Uses Allowed by District"
W: Word Processing \Ordinances \Title 18- Zoning issues 5 -11 -16
MD:bjs
184
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
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
Adult day care
A
A
A
A
A
A
A
P
Adult entertainment (subject to location restrictions1)
P
P
P
P
P
P
P
Airports, landing fields and heliports (except emergency sites)
U
U
U
U
U
U
U
Amusement Parks
C
C
C
C
C
C
P
Animal rendering
U
P
Animal shelters and kennels, subject to additional State and local regulations
(less than 4 cats /dogs =no permit)
C
C
C
C
C
C
Animal Veterinary, including associated temporary indoor boarding; access to
an arterial required
P
P
P
P
P
P
P
P
P
P
Automobile, recreational vehicles or travel trailer or used car sales lots 2
P
P
P
P
P
P
P
Automotive services, gas (outside pumps allowed), washing, body and engine
repair shops (enclosed within a building), and alternate fueling station (not
wholesale distribution facilities).
P
P
P
P
P
P
P
P
P
P
Beauty orbarbershops
P
P
P
P
P
P
P
P
P
c3
C4
P
P
Bed and breakfast lodging for not more than twelve guests5
C
C
C
Bed and breakfast lodging (no size limit specified)
C
P
Bicycle repair shops
P
P
P
P
P
P
P
P
P
P
P
P
P
Billiard or pool rooms
P
A
P
P
P
P
P
P
P
Boarding Homes
C
C
Brew Pubs
P
P
C
P
P
P
P
P
P
P
P
P
P
Bus stations
P
P
P
P
P
P
P
P
P
P
Cabinet shops or carpenter shops employing less than five people
P
P
P
P
P
P
P
P
Cargo containers ( *see also 18.50.060)
A &S
A &S
A &S
A &S
A &S
A &S
P
P
P
P
P
Cement manufacturing
U
U
U
U
U
U
Cemeteries and crematories
C
C
C
C
C
C
C
C
C
C
C
C
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
1
TVS
1
TSO
PRO
Colleges and universities
C
C
C
C
C
C
C
C
C6
C6
C
P
Commercial laundries
P
P
P
P
P
P
P
Commercial Parking
p7
p7
p7
p7
p7
p8
p8
p8
Computer software development and similar uses
P
P
P
P
P
P
P
P
P
P9
to
C
P
P
P
Contractor storage yards
P
P
P
P
P
P
Continuing care retirement facility.
C
C
C
C
C
C
C
P
Convalescent & nursing homes & assisted living facility for not more than
twelve patients
C
P
P
P
C
P
P
P
P
P
P
Convalescent & nursing homes & assisted living facility for more than twelve
patients
C
C
C
C
C
C
C
P
Convention facilities
P
P
P
P
P
P
P
Correctional institutes
U11
U
U
U
Daycare Centers (not home - based)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Daycare Family Home (Family Child Care Home)12
A
A
A
A
A
A
A
A
A
A
A
Diversion facilities and diversion interim services facilities south of Strander
Blvd
U
Dormitory
C
C
C
A13
A13
13
A
13
A
A13
A13
13
A
13
A
13
A
A13
A13
Drive -in theatres
C
C
C
C
C
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.
P
P
P
P
P
P
P
P
p14
Dwelling- Detached Zero -Lot Line Units
P
Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units.
P
Dwelling- Townhouses
P
Dwelling — Multi - family
P
P15
P14
Dwelling — Multi- family units above office and retail uses
P
P
P
P
C16
22/
ac
P14
Dwelling — Senior citizen housing, including assisted living facility for seniors
*see purpose section of chapter, uses sections, and development standards.
P
meeting
and density
other
MDR
standards
P
60 /ac
P
60 /ac
60
ac
P
60/ ac
P
60 /ac
16
C
100 /
ac
14
P
Dwelling unit — Accessory 17
A
A
A
A
A
A
A
A
A
Page 2
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
Electrical Substation — Distribution
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Electrical Substation — Transmission /Switching
U
U
U
U
Electric Vehicle Charging Station — Level 1 and Level 2
A
A
A
P
P
P
P
P
P
P
P
P
P
P
P
P
Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid
charging stations. (TMC 18.50.140)
A
A
A
A
A
A
P
P
P
P
P
P
P
P
P
P
Essential public facilities, except those uses listed separately in any of the other
zones
U
U
U
U
U
U
U
U
U
Extended -stay hotel /motel
P
P
P
P
P
P
P
Farming and farm - related activities
P
P
Financial, banking, mortgage, other services
P
P
P
P
P
P
P
P
P93
C
C4
P
P
Fire & Police Stations
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Fix -it, radio or television repair shops /rental shops
P
P
P
P
P
P
P
P
P
Fraternal organizations
P
P
C
P
P
P
P
P
P
P
P
Frozen food lockers for individual or family use
P
P
P
P
P
P
P
P
Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence
and is subject to the regulations affecting the main building.
A
A
Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft
A
A
A
A
Greenhouses or nurseries (commercial)
P
P
P
P
P
P
P
P
P
Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08)
C
C
Heavy equipment repair and salvage
P
P
P
P
P
P
Helipads, accessory
C
Home Occupation *see definition and accessory use
A
A
A
A
A
A
A
A
A
A
Hospitals
C
C
C
C
C
C
C
C
P
Hospitals, sanitariums, or similar institutes
C
Hotels
P
P
P
P
P
C
C
P
P
Hydroelectric and private utility power generating plants
U
U
U
U
U
U
U
U
Industries involved with etching, film processing, lithography, printing and
publishing
P
P
P
P
P
P
P
P
P
Internet Data /Telecommunication Centers
C
P
P
P
P
P
P
P
Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental
actions
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Laundries; self- serve, dry cleaning, tailor, dyeing
P
P
P
P
P
P
P
P
P
P
P
P
P
Libraries, museums, or art galleries (public)
C
C
P
P
P
C
P
P
P
P
P
P
P
P
P
P
Manuf. /Mobile home park
C
P
Page
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
Manufacturing and industrial uses that have little potential for creating off -site
noise, smoke, dust, vibration or other external environmental impacts or
pollution:
A) Manufacturing, processing and /or packaging pharmaceuticals and
related products, such as cosmetics and drugs
P19
P
P
P
P
P
P
P
P
P
B) Manufacturing, processing and /or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood
P19
P
P
P
P
P
P
P
P
P
C) Manufacturing, processing, assembling, packaging and /or repairing
electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control
devices, and recording equipment
P19
P
P
P
P
P
P
P
P
P
D) Manufacturing, processing, packaging of foods, such as baked goods,
beverages, candy, canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods, and meats (no slaughtering)
i)) Fermenting and distilling included
P
P
P
P
ii)) No fermenting and distilling
P19
P
P
P
P
P
Manufacturing and industrial uses that have moderate to substantial potential
for creating off -site noise, smoke, dust, vibration or other external
environmental impacts:
A) Manufacturing, processing and /or assembling chemicals, light
metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles,
fabrics, plaster, agricultural products or animal products (no
rendering or slaughtering)
C
C
P
C
P
C
B) Manufacturing, processing and /or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
C
C
P
C
P
C
C) Manufacturing, processing and /or assembling of previously prepared
metals including, but not limited to, stamping, dyeing, shearing or
punching of metal, engraving, galvanizing and hand forging
C
C
C
P
P
P
P
C
D) Manufacturing, processing, assembling and /or packaging of electrical
P
P
P
P
P
C
Page 4
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
or mechanical equipment, vehicles and machines including, but not
limited to, heavy and light machinery, tools, airplanes, boats or other
transportation vehicles and equipment
E) Heavy metal processes such as smelting, blast furnaces, drop forging
or drop hammering
C
P
Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car lots) such as acids, petroleum products, oil or gas, matches,
fertilizer or insecticides; except for accessory storage of such materials
U
U
U
U
Marijuana producers, processors, or retailers (with state issued license)
P
P
P20
Mass transit facilities
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Medical and dental laboratories
P
P
P
P
P
P
P
P
P
Minor expansion of an existing warehouse 21
S
Mortician and funeral homes
P
P
P
P
P
P
C
Motels
P
P
P
P
P
C
C
P
P
Movie theaters with three or fewer screens
P
Movie theaters with more than 3 screens 22
S
Offices including: medical, dental, government (excluding fire & police stations),
professional, administrative, business, e.g. travel, real estate & commercial
Pzs
P
Pz3
Pz4
P
P
P
P
P
P9
C 1°
P2s
2�
C
P
P
Office or sample room for wholesale or retail sales, with less than 50% storage
or warehousing
P
Outpatient and emergency medical and dental services
C3
C4
Park & ride lots
C
C
C
C
C
C
C
C
C
C
C
C
Parking areas
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses, or commercial recreation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Pawnbroker
C
C
P
P
P
P
P
Planned Shopping Center (mall)
P
P
P
P
P
P
P27
Plumbing shops (no tin work or outside storage)
P
P
P
P
P
P
P
P
Radio, television, microwave, or observation stations and towers
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Railroad freight or classification yards
U
U
U
U
Railroad tracks (including lead, spur, loading or storage)
P
P
P
P
P
P
Recreation facilities (commercial — indoor) — athletic or health clubs
P
P
P
P
P
P
P
P
C3
P
P
P
Recreation facilities (commercial — indoor), including bowling alleys, skating
rinks, shooting ranges
C
P
P
P
P
P
P
Page 5
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
Recreation facilities (commercial — outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields
C
C
C
C
Recreation facilities (public), including, but not limited to sports fields,
community centers and golf courses
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Recreational area and facilities for employees
A
A
A
A
A
A
A
A
A
A
A
A
A
Religious facilities with an assembly area less than 750 sq ft
P
P
P
P
P
P
P
P
P
P
P
Religious facilities with an assembly area greater than 750 sq ft and community
center buildings
C
C
C
C
C
C
C
C
C
C
C
Religious facility and community center buildings.
C
C
C
Removal and processing of sand, gravel, rock, peat, black soil and other natural
deposits together with associated structures
U
U
U
U
U
U
Rental of vehicles not requiring a commercial driver's license
P
P
P
P
P
P
P
P
P
Rental of commercial trucks and fleet rentals requiring a commercial driver's
license
P
P
P
P
P
P
P
Research and development facilities
P
P
Residences for security or maintenance personnel
A
A
A
A
A
A
A
A
A
A
A
A
A
Restaurants including drive through, sit down, cocktail lounges in conjunction
with a restaurant
P
P
P
P
P
P
P
P
P
Restaurants including cocktail lounges in conjunction with a restaurant
P
P
C
P
Retail sales of furniture appliances, automobile parts and accessories, liquor,
lumber /bldg. materials, lawn &garden supplies, farm supplies
P
P
P
P
P
P
P
P
Retail sales, e.g. health/ beauty aids/ prescription drugs/
food / hardware / notions /crafts /supplies /housewares/ electronics /photo-
equip /film processing/ books /magazines/ stationery/
clothing/ shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods,
and similar items.
P
P
P
P
P
P
P
P
C3
C4
P
P
Retail sales as part of a planned mixed -use development where at least 50% of
gross leasable floor area development is for office use; no auto - oriented retail
sales (e.g., drive -ins, service stations).
P
P
Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble works, and the assembly of products from the above
materials
C
C
P
C
P
C
C
Sales and rental of heavy machinery and equipment subject to landscaping
requirements of Chapter 18.52*
P
P
P
P
P
P
P
Salvage and wrecking operations
P
P
C
Salvage and wrecking operations which are entirely enclosed within a building
P
P
P
P
Schools and studios for education or self- improvement
P
P
P
P
P
P
P
P
P
P 9C10
P28
P
P
Page 6
P = Permitted outright; A = Accessory (customarily appurtenant and incidental
to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S= Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC /L
MIC /H
TVS
TSO
PRO
Schools, preschool, elementary, junior & senior high schools (public), and
equivalent private schools
C
C
C
C
C
C
C
C
C
C
C
P
(public
only)
Secure community transition facility 29
U
Self- storage facilities
P
P
P
P
P
P
P
P
P
Sewage lift station
U
U
U
U
U
U
U
P
Shelter
P
P
P
P
P
Stable (private)
A30
A30
A30
P
Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to
Chapter 18.52
P
P
P
P
P
P
P
P
P
Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard
setback of 100 feet; security required
P
P
P
C
C
Storm water- neighborhood detention + treatment facilities
U
U
U
U
U
U
U
P
Storm water pump station
U
U
U
U
U
U
U
Studios — Art, photography, music, voice and dance
P
P
P
P
P
P
P
P
P
Taverns, nightclubs
P
P
P
P
P
p31
p31
P
P
Telephone exchanges
P
P
P
P
P
P
P
P
P
P
P
P
Theaters, except those theaters which constitute "adult entertainment
establishments" as defined by this Zoning Code
P
P
P
P
P
P
P
P32
Tow -truck operations, subject to all additional State and local regulations
P
P
P
P
P
P
P
Transfer stations (refuse and garbage) when operated by a public agency
U
U
U
U
Truck terminals
P
P
P
P
P
P
Utilities, regional
C
Vehicle storage(no customers onsite, does not include park- and -fly operations)
P
Warehouse storage and /or wholesale distribution facilities
P
P
P
P
P
P
P
P
Water pump station
U
U
U
U
U
U
U
P
Water utility reservoir and related facilities
U
U
U
U
U
U
U
Wireless Telecommunications Facilities ( *see TMC 18.58)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is:
a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and
b .Consistent with the stated purpose of the zone; and
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Page 7
CD
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. 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.
Page 8
10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation,
manufacturing or industrial use, 20,000 square feet and over.
11. Correctional institution operated by the City of Tukwila
12. Family child care homes, provided the facility shall be licensed by the Depailment 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
Page 9
21. Minor expansion of an existing warehouse if the following criteria are met:
a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse;
b. The proposed expansion will not increase any building dimension that is legally non - conforming;
c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement;
d. The proposed expansion must be constructed within two years of the date of approval;
e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located.
22. Movie theaters with more than three screens if the following criteria are met:
a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila;
b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan;
d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located.
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.
Page 10
29. Secure community transition facility, subject to the following location restrictions:
a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
(2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended,
that include:
(a) Public and private schools;
(b) School bus stops;
(c) Licensed day care and licensed preschool facilities;
(d) Public parks, publicly dedicated trails, and sports fields;
(e) Recreational and community centers;
(f) Churches, synagogues, temples and mosques; and
(g) Public libraries.
(3) One mile from any existing secure community transitional facility or correctional institution.
b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050 -12.a,
but is completely surrounded by parcels ineligible for the location of such facilities.
c. The distances specified in TMC 18.38.050 -12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285,
which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the
parcel of property or land use district boundary line from which the proposed land use is to be separated.
d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown
in Figure 18 -11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites /facilities over
time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application.
30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000
square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot.
31. No night clubs
32. Theaters for live performances only, not including adult entertainment establishments.
Page 11
(0
c)
Exhibit B to Title 18 Ordinance
TUC: Land Uses Allowed By District ** (Table 18 -2)
Business
license
P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use
Permit
For parking requirements see Table 18 -5 or Figure 18 -7
Regional Center
TOD
Pond District
Commercial Corridor
Work -Place
Retail'
60
Animal Kennels and Shelters, including doggy daycare
C
C
810A
Athletic or Health Clubs
P
P
P
P
P
90
Automotive Service and Repair
P2
P
400
Banks, Financial, Insurance, and Real Estate Services
P
P
P
1030
Bar & Nightclubs
P
P3
P
P
Ref. abovet
Brew Pubs, On -Site Brewing, Cocktail Lounges, & Pool Halls
P
P
P
P
Bulk Retail
P
P
P
Business Services (e.g. copying, fax and mailing centers)
P
P
P
P
Ref. abovet
Drive Through Facilities or Services
P
P3
P
P
360A
Electric Vehicle Charging Station L1 &2
P
P
P
P
P
360B
Electric Vehicle Charging State L3
A
P3
A
A
A
90
Gas Stations, including Car Wash
P3
P
P
General Retail
P
P
P
P
P
Ref. abovet
Laundries, Tailors, and Dry Cleaners
P
P
P
P
P
Ref. abovet
Personal Services (e.g. beauty & barber shops, nail salons, spa, travel
agencies)
P
P
P
P
Ref. abovet
Recreation Facilities (commercial indoor)
P
P
P
P
810C
Recreation Facilities (commercial outdoor)
P
Ref. abovet
Repair Shops (small scale goods: bicycle, appliance, shoe, computer)
P
P
P
P
Ref. abovet
Restaurants with associated cocktail lounges and sidewalk cafes
P
P
P
P
P6
Ref. abovet
Theaters except adult entertainment
P
p
p
840
Vehicle Rental and Sales (not requiring a commercial DL)
P
P3
Ps
P
70
Veterinary Clinic with temporary indoor boarding and grooming
P
P
P
P
P
Office
Professional, Outpatient Medical, Dental, Governmental Services, and
Research
P
P
P
P
P
630
Medical and Dental Laboratories
P
P
P
P
Lodging
Ref. abovet
Hotel, Motel, Extended Stay, Bed and Breakfasts
P
P
P
Civic & Institutional
290
Convention & Exhibition Facilities, including multipurpose arena facilities
P
P3
P
Ref. abovet
Cultural Facilities, including: libraries, museums, art galleries, performing
arts centers
P
P
P
Ref. abovet
Daycare Centers
P
P
P
P
P
Ref. abovet
Education and Instructional Facilities, public and private including college
and universities
P
P
P
Ref. abovet
Parks, Trails, Picnic Areas, Playgrounds, and Public Community Centers
P
P
P
P
P
410
Police and Fire Stations
C
C
C
P
P
Business
license
P = Permitted, A = Accessory, C = Conditional, UUP = Unclassified Use
Permit
For parking requirements see Table 18 -5 or Figure 18 -7
Regional Center
TOD
Pond District
Commercial Corridor
Work -Place
Post Office
P
P
P
820B
Religious Institutions, greater than 750 sf assembly area
C
C
C
C
C
820A
Religious Institutions, less than 750 sf assembly area
P
P
P
P
P
Industrial, Manufacturing, & Warehouse
190
Cargo Containers subject to TMC 18.50.060
A
550
Industrial Commercial Services (e.g. etching, film processing, lithography,
printing & publishing)
P
Ref. abovet
Light Industrial: Manufacturing, Processing and Assembling uses that have
little potential for creating off -site noise, smoke, dust, vibration or other
external impacts or pollution. Manufacturing and processing of food and
beverages including fermenting and distilling; with or without a tasting
room, provided the tasting room occupies less than 50% of the total area of
the building occupied by the tenant but no more than 3500 square feet;
and the manufacturing process does not cause off -site impacts to
neighboring properties or create a public nuisance.
P
990A/B
Outdoor storage of materials to be manufactured or handled as part of a
permitted use within the Zone, screened pursuant TMC 18.52
A
960
Self- Storage Facilities
P
1110
Warehouse Storage and Wholesale Distribution Facilities
P
Transportation, Communication, & Infrastructure
240
Commercial Parking , day use only
P
P
P
P
P
370
Essential Public Facilities, except those listed separately
UUP
UUP
UUP
UUP
UUP
Intermodal Transit Stations, Rail transit facilities
UUP
UUP
UUP
UUP
UUP
Ref. abovet
Internet Data Centers & Telephone Exchanges
P
7100
Park and Ride Lots
UUP
UUP
UUP
UUP
720
Parking Areas
A
A
A
A
A
Public Transit Facilities and Stations (Bus)
P
P
P
P
P
780
Radio, Television, Microwave, or Observation Stations and Towers
C
C
C
C
C
Ref. abovet
Utility Facilities, above ground/ not in ROW
C
C
C
C
P
Ref. abovet
Utility Facilities, underground /in ROW
P
P
P
P
P
1140
Wireless Communication Facilities
P'
P'
P'
P'
P'
Page 2
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.
Residential
320
Dormitories
A
A
Ref. abovet
Dwelling: Multi- family, Townhouses, Mixed Use, Senior Citizen Housing
P
P
P
P4
510
Home Occupation
A
A
A
P4
270
Continuing Care Retirement Community
P
P
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.
200
City of Tukwila
Washington
Ordinance No.
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 5 -11 -16
MD:bjs
Page 1 of 9
201
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 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, 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
(B)(7), 19.20.040 (6), or 19.32.075.
3. Temporary window signs, subject to the limitations of TMC Section
19.24.080.
4. 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.
5. Signs typically installed on utilities and wireless communication facilities
denoting danger or other safety information, including emergency contact information.
6. Land use notice boards per TMC Section 18.104.110.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
202
Page 2 of 9
7. Text or graphics on umbrellas located in outdoor seating or plaza areas.
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.
9. 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 four signs that are
temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6
square feet.
10. Display of up to three flags, each on individual flag poles, per premise.
Content of the flags is not regulated.
11. 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 TMC 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:
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
Tight pole or other City -owned facility, even if such facility is located on private property,
with the exception of TMC 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 TMC
Section 19.24.060.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD: bjs
Page 3of9
203
7. The use of portable signs or other similar devices, unless permitted under
TMC Section 19.24.070.
8. Dynamic signs, except those types specifically permitted under this code.
9. Abandoned signs.
10. No sign may be placed on any property without the property owner's
permission. Private property owners shall be responsible for the removal of signs
placed on their property without their permission.
Section 3. Ordinance No. 2303 §3, as codified at TMC 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 an extension if the
request is submitted prior to permit expiration.
Section 4. Ordinance Nos. 2409 §1, 2375 §8 and 2303 §5, as codified at TMC
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 premise with one or more buildings totaling 25,000 square feet or more, but
that does not qualify for the Master Sign Program and has gone through design review,
is allowed one additional flush- mounted building sign of up to 50 square feet for the
complex in addition to individual tenant signs. 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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
204
Page 4 of 9
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 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:
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 sign allowed under this
provision is 50 percent of that calculated in Table 2, "Allowable Message Area for
Permanent Wall Signs 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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
Page 5 of 9
205
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.
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 Temporary Signage
Each business operating within the City shall be permitted one additional temporary
sign 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.
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.
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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
206
Page 6 of 9
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.
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 premise, the allowable sign area for an
exposed building face may be split between two flush- mounted building signs located
on the same exposed building face so long as there is a minimum vertical separation of
20 feet between the two flush- mounted building signs.
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.
b. Area of an individual face shall not exceed 500 square feet.
c. Billboards shall be spaced at least 500 feet away from any existing or
proposed billboard.
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.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
Page 7of9
207
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.
g. Lighting of billboards:
1) The billboard may be illuminated; non - digital billboards shall
utilize lights 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 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:
a. 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.
b. All pruning is done by the applicant and all cost is borne entirely by the
applicant.
c. All pruning activities are supervised by a certified arborist and all
pruning complies with ANSI A300 as currently written or as may be amended.
W: Word Processing \Ordinances \Title 19- Housekeeping re Sign Code issues 5 -11 -16
MD:bjs
208
Page 8 of 9
d. Only those street trees on or adjacent to the property where the
billboard is located are eligible for pruning.
e. 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, thereby eliminating TMC
Section 19.24.090.
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.
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 5 -11 -16
MD:bjs
Page 9 of 9
209
2 '`I
City of Tukwila
Washington
Ordinance No.
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 5 -11 -16
MD:bjs
Page 1 of 5
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 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, 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)(iii) up to 10,000
square feet.
3. For office, school, commercial, recreational, service or storage buildings in
WAC 197 -11 -800 (1)(b)(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 5 -11 -16
MD:bjs
212
Page 2 of 5
2. satisfies the consistency checklist which demonstrates that all impacts
have been mitigated; and
3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440;
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 5 -11 -16
MD:bjs
Page 3 of 5
213
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 Building Code
5. Long Range Parks and Open Space Plan
6. Sanitary Sewer Comprehensive Plan
7. Shoreline Master Plan
8. Sidewalk Ordinance
9. Southcenter Subarea Plan
10. Southcenter Design Manual
11. Standard Specifications for Municipal Construction
12. Subdivisions and Plats — TMC Title 17
13. Surface Water Comprehensive Plan
14. Transportation Improvement Plan
15. Zoning Code — TMC Title 18
W: Word Processing \Ordinances \Title 21- Environmental & SEPA policies 5 -11 -16
MD:bjs
214
Page 4 of 5
Section 5. 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 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
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 21- Environmental & SEPA policies 5 -11 -16
MD:bjs
Page 5 of 5
215